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Home My WebLink About09-11-2023 Council Meeting PacketEXPANDED AGENDA RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty CITY COUNCIL AGENDA Monday, September 11, 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 COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Public Safety Vehicle Purchase, John Swenson 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call The meeting was called to order at 6:33 PM. All members of the Council were present.  Pledge of Allegiance The Pledge of Allegiance was followed by a moment of silence in observance of the anniversary of 9-11.  Public Comment (in person or received in writing prior to meeting): The public comment period is a time to allow members of the public to speak to Council on City matters not on the agenda. Speakers are allowed four (4) minutes and speakers shall offer comments that are courteous and respectful. Comments that are abusive, harassing, that constitute an attack on others, including City staff, or that violate privacy rights, will not be permitted. Violation of these public comment rules will result in the speaker being ruled out of order and the termination of the comment. Public Comment opened at 6:35 PM. Two members of the public provided comments. Motion to: Close Public Comment at 6:44 PM.  Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. Council Agenda -2- September 11, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty SPECIAL PRESENTATION Oath of Fire Service – Firefighters Gabrielle Streater Paid On-call Retirement Recognition – Firefighters Mark Tembreull and Kent Alley PROCLAMATION Proclaiming the week of September 17-23 as United States Constitution Week 1. CONSENT AGENDA A. Consider Approval of Expenditures for September 11, 2023 (Check No. 119260 through 119327) in the Amount of $1,036,733.58 B. Consider Approval of August 28, 2023 Work Session Minutes C. Consider Approval of August 28, 2023 Council Meeting Minutes D. Consider Approval of August 28, 2023 Special Budget Work Session Minutes E. Consider Approval of New Tobacco License for Lino Lakes Quick Stop at 6501 Ware Road F. Consider Approval of Exempt Gambling Permit for St. Joseph of the Lake Catholic Church i. Motion to Approve Consent Agenda Items 1A – 1F 2. FINANCE DEPARTMENT REPORT A. Consider Resolution No. 23-93, Approving 2024 Capital Purchases, Hannah Lynch i. Motion to Approve Resolution 23-93 3. ADMINISTRATION DEPARTMENT REPORT No report 4. PUBLIC SAFETY DEPARTMENT REPORT No report Council Agenda -3- September 11, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: All in favor RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES (Roll Call): Lyden, Stoesz, Ruhland, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSTAIN: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES (Roll Call): Lyden, Stoesz, Cavegn, Rafferty ABSTAIN: Ruhland 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A. Consider 2nd Reading of Ordinance No. 08-23, Amending City Code Section 901.03 Relating to Construction Working Hours, Diane Hankee i. Motion to: Dispense with Full Reading of Ordinance 08-23 ii. Motion to: Approve Second Reading of Ordinance 08-23 B. Consider 2nd Reading Ordinance No. 09-23, Approving Sale of Land to JAVA Companies, LLC, Lots 12 & 13, Block 2, Carole Estates 2nd Addition and Part of 7685 Lake Drive, Sarah Cotton i. Motion to: Dispense of full reading of Ordinance 09-23 ii. Motion to: Approve Second Reading of Ordinance 09-23 Council Agenda -4- September 11, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty C. Consider Resolution No. 23-91, Approving Change Order No. 2, 2023 Pheasant Run Reconstruction Project, Diane Hankee i. Motion to Approve Resolution 23-91 The meeting was adjourned at 7:09 PM. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead September 11, 2023 through September 25, 2023  Wednesday, September 13 6:30 pm, Council Chambers Planning & Zoning Board  Monday, September 25 6:00 pm, Community Room Council Work Session  Monday, September 25 6:30 pm, Council Chambers City Council Meeting 1 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 1 STAFF ORGINATOR: John Swenson, Public Safety Director DATE OF WORK SESSION: September 11, 2023 TOPIC: Public Safety Vehicle Purchase ______________________________________________________________________________ BACKGROUND During the discussion with Council regarding the purchase of public safety vehicles, Council has directed staff to purchase white vehicles only. As directed, staff has followed this directive with previous public safety vehicles purchases. Vehicle 399 is currently the only unmarked patrol vehicle that is not white in color and this vehicle was approved to be replaced in 2022. Staff anticipates that vehicle 399 will be sold later this year when its replacement is built. This will result on no vehicles in the patrol fleet that are not white in color. To enhance our police staff’s ability to address traffic safety concerns, staff is requesting that one of proposed public safety purchases be ordered in a color other than white. If Council directs to purchase one public safety vehicle in a color other than white, it will be assigned to patrol and built-out to facilitate traffic safety enforcement efforts. There will be no additional costs to purchase a vehicle in a color other than white. REQUESTED COUNCIL DIRECTION Staff is requesting Council direction. ATTACHMENTS PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17-23, 2023 WHEREAS, September 17, 2023, marks the two hundred thirty-sixth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW THEREFORE, BE IT RESOLVED that I, Rob Rafferty, Mayor of the City of Lino Lakes, do hereby proclaim the week of September 17 through 23, 2023 as: CONSTITUTION WEEK and urge all citizens to study the Constitution, and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed. Adopted by the Lino Lakes City Council on September 11th, 2023. __________________________ Rob Rafferty, Mayor __________________________ Attest: Jolleen Chaika, City Clerk + Expenditures September 11, 2023 Check #119260 to #119327 $1,036,733.58 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting September 11, 2023 Transfer In/(Out) 8/21/2023 Payroll ACH Return E. Magnuson 30.14 8/29/2023 Wire from 4M (Gen Acct) 1,300,000.00 9/1/2023 Council #09 Payroll (3,487.69) 9/1/2023 Council #09 Federal Deposit (202.30) 9/1/2023 Council #09 PERA (387.16) 9/1/2023 Council #09 State (44.08) 9/1/2023 Payroll #18 (202,418.09) 9/1/2023 Payroll #18 Federal Deposit (56,905.41) 9/1/2023 Payroll #18 PERA (54,648.28) 9/1/2023 Payroll #18 State (12,486.38) 9/1/2023 Payroll #18 Child Support (923.22) 9/1/2023 Payroll #18 H.S.A. Bank Pretax (2,385.43) 9/1/2023 Payroll #18 TASC Pretax (962.15) 9/1/2023 Payroll #18 Mission Sq 457 Def. Comp #301596 (2,945.00) 9/1/2023 Payroll #18 Mission Sq Roth IRA #706155 (650.00) 9/1/2023 Payroll #18 MSRS HCSP #98946-01 (4,761.33) 9/1/2023 Payroll #18 MSRS Def. Comp #98945-01 (3,126.00) 9/1/2023 Payroll #18 MSRS Roth IRA #98945-01 (705.00) 9/5/2023 H.S.A. Employer Contribution (5,749.85) LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: August 28, 2023 TIME STARTED: 6:00 PM TIME ENDED: 6:28 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff members present: Community Development Director Michael Grochala; City Planner Katie Larsen, City Engineer Diane Hankee; Public Safety Director John Swenson; Public Safety Deputy Director Dan L’Allier; City Clerk Jolleen Chaika. 1. School Resource Contract Public Safety Director John Swenson thanked Council for allowing the addition of this last-minute item to both the work session and the meeting agendas. He informed Council that there are rapid changes to School Resource Officer (SRO) programs statewide due to recent law changes at the state level. As such, Lino Lakes Public Safety is seeking authorization to suspend or terminate the contract with Centennial School District for SCRO services as the new law changes the ability of SRO’s to work safely in the schools. He added that school safety will remain a priority of Public Safety. He will be requesting Council approval to authorize staff the ability to suspend or terminate the contract. 2. Review Regular Agenda Mayor Rafferty reviewed the agenda for the Regular Meeting. Staff provided brief comments highlighting information contained within staff reports. The Council Work Session ended at 6:28 PM. These minutes were considered and approved at the regular Council Meeting on September 11, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: August 28, 2023 TIME STARTED: 6:33 PM TIME ENDED: 7:21 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz Ruhland, Cavegn, Mayor Rafferty Staff members present: Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Director of Public Safety John Swenson; Public Services Director Rick DeGardner; City Clerk Jolleen Chaika. PUBLIC COMMENT Public Comment was opened at 6:34 PM. No public comment was received. 1. Motion to: Close Public Comment at 6:35 PM. SETTING THE AGENDA The agenda was accepted as presented: No additions or changes were made. SPECIAL PRESENTATION Oath of Fire Service – Firefighters Taylor Andres, Eric Curtis, and Matthew Jessen-Olson were administered the oath of fire service by Mayor Rafferty. 1. CONSENT AGENDA A. Consider Approval of Expenditures for August 28, 2023 (Check No. 119179 through 119259) in the Amount of $1,200,636.10 B. Consider Approval of August 14, 2023 Work Session Minutes C. Consider Approval of August 14, 2023 Council Meeting Minutes D. Consider Approval of August 14, 2023 Special Council Budget Work Session Minutes E. Consider Resolution No. 23-88, Declaring Cost to Be Assessed and Calling Hearing on Proposed Assessment, 2023 Weed Abatement Charges, Michael Grochala F. Consider approval of an Exempt Gambling Permit for Lino Lakes Lions on October 7, 2023 G. Consider Resolution 23-90, Approving a Special Event Permit for Eagle Brook Church RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty i. Motion to: Approve Consent Agenda Items 1A-1G 2. FINANCE DEPARTMENT REPORT No report was presented. 3. ADMINISTRATION DEPARTMENT REPORT A. Consider First Second of Ordinance 07-23, Amending Chapter 617, Section 617.05 Regarding Licensing Ineligibility for Cannabinoid Licenses City Clerk Jolleen Chaika presented to Council a request to amend the 2022 enacted Edible Cannabinoid Products ordinance to remove the prohibitions of liquor license holders to obtain cannabinoid licenses. Clerk Chaika reiterated that during the 2022 state legislative session, lawmakers amended chapters of state law to allow for exclusive liquor stores to sell edible cannabinoid products and this proposed ordinance amendment would bring the local law in line with the new state law. i. Motion to: Dispense of Full Reading of Ordinance 07-23 ii. Motion to: Approve Second Reading of Ordinance 07-23 B. Consider Appointment of Police Officer Director of Public Safety John Swenson recommended appointment of Beck Petrie as a full- time police officer. RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Stoesz, Lyden, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES – Roll Call: Cavegn, Ruhland, Lyden, Stoesz, Rafferty i. Motion to: Approve Appointment of Beck Petrie. 4. PUBLIC SAFETY DEPARMENT REPORT A. Cannabis Use in Public Spaces i. Consider Second Reading of Ordinance 05-23, Amending Chapter 301 to Prohibit use of Cannabis on Public Property ii. Consider First Reading of Ordinance 06-23, Enacting Chapter 502 to Prohibit Use of Cannabis in Public Places Public Safety Director John Swenson presented to Council the second reading of Ordinances 05-23 and 06-23, related to use of cannabis in public spaces and in/on public property and parks. Director Swenson recommended approval of both ordinances. a. Motion to: Dispense of Full Reading of Ordinances 05-23 and 06-23 b. Motion to: Approve Second Reading of Ordinance 05-23 c. Motion to: Approve Second Reading of Ordinance 06-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES – Roll Call: Lyden, Ruhland, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES – Roll Call: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty B. Consider Approval of Sale of Part-time Duty Crew Firefighter Turnout Gear Deputy Director of Public Safety/Fire, Dan L’Allier, requested Council approval to sell the specially sized turnout gear and fireboots of a former part-time fire fighter who has joined the to the City of Chaska Fire Department. He noted that due to supply chain issues, the City of Chaska made the request to purchase the gear and a formula was used to determine a fair price of $4,542.05. i. Motion to: Approve Sale of Part-Time Duty Crew Turnout Gear C. School Resource Contract Director of Public Safety John Swenson provided a summary of his discussion held at the Work Session, prior to the regular meeting, of the request to suspend or terminate the contact for School Resource Officer (SRO) servcies with Centennial School District following legislative changes to Minn. Stat. §121A. He requested Council authorization for staff to terminate or suspend the current contract, valid through 2025, based on direction from legal counsel. Director Swenson highlighted that the priority of the Public Safety Department remains the safety and security of students and school personnel. i. Motion to: Approve staff to authorize suspension or termination of the contract with the Centennial School District for SRO services through 2024/2025 school year pending legal counsel review and future clarity on the law changes 5. PUBLIC SERVICES DEPARTMENT No report was presented. 6. COMMUNITY DEVELOPMENT REPORT A. Consider Resolution No. 23-84, Approving Payment No. 4 and Final, 2022 Street Rehabilitation Project RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Stoesz, Lyden, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Ruhland Stoesz, Rafferty City Engineer Diane Hankee requested approval of Resolution 23-84, authorizing the fourth and final payment to T.A. Schifsky & Sons for the 2022 Street Rehabilitation Project. i. Motion to: Approve Resolution 23-84 B. Consider Resolution No. 23-85, Prohibiting Parking on Both Sides of Lake Drive (CSAH 23) between Aqua Lane and Main Street City Engineer Diane Hankee presented to council a request to prohibit parking on both sides of Lake Drive from Aqua Lane to Main Street. She noted that this is a principal arterial, which is designed to carry longer trips at higher speeds with minimal land access. Following a meeting with Public Safety and Anoka County, the recommendation was made to prohibit parking on this stretch of the street to address safety and access concerns. i. Motion to: Approve Resolution 23-85 C. Milestones Addition City Planner Katie Larsen presented Resolution 23-84 to approve the final plat of the Milestones Addition as well as Resolution 23-87, approving the final Development Agreement for Milestones Addition. The developer, MEP Lino Lakes, will construct a commercial child care center on one of the two commercial lots that will be created via the plat. Planner Larsen also noted that the Planning and Zoning Board reviewed the final plat on August 9, 2023 and recommended approval with a 7-0 vote. i. Motion to: Approve Resolution 23-86 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty ii. Motion to: Approve Resolution 23-87 D. Consider 1st Reading Ordinance No. 08-23, Amending City Code Section 901.03 Related to Construction Working Hour Restrictions Community Development Director Michael Grochala requested Council consideration of Ordinance 08-23 to amend the city code related to construction working hours. He noted that with the current reading of the ordinance, there is no exception in the code to allow for contracution activities which may be requried due to emergency situations such as a water main break. He suggested an amended to allow for certain exemptions from the work hour and day prohibitions, including emergency work or work on a case- by-case basis as allowed by the City Engineer or Public Services Director. Councilmember Stoesz inquired of adding a requirement for written approval by the City Engineer so that there is no doubt about approval. Director Grochala agreed such an addition to the proposed ordinance would be helpful. i. Motion to: Approve First Reading of Ordinance 08-23 with the Addition of the Word “written” Before “approval” in Section 3. ii. Motion to: Dispense of Full Reading of Ordinance 08-23 E. Consider First Reading of Ordinance 09-23, Approving Sale of Land to JAVA Companies, LLC. Community Development Director Michael Grochala requested Council consideration of Ordinance 09-23 related to approval of the sale of 2.24 acres of City-owned property to JAVA Companies at the corner of Lake Drive and 77th Street. RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Cavegn, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty i. Motion to: Approve First Reading of Ordinance 09-23 F. Consider Resolution No. 23-89, Authorizing a Feasibility Study, 2024 Street Reconstruction Project and Feasibility Study for Municipal Sewer and Water Extension City Engineer Diane Hankee Staff recommended to Council approval of a feasibility study for the purposes of assessing the extension of city sewer and water to those reconstruction areas where there is currently no city sewer and water. i. Motion to: Approve Resolution 23-89 7. UNFINISHED BUSINESS There was no unfinished business. 8. NEW BUSINESS There was no new business. 9. COMMUNITY EVENTS Mayor Rafferty reviewed the upcoming Community Calendar. ADJOURN 1. Motion to: Adjourn The meeting was adjourned at 7:21 PM. RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden Cavegn, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Cavegn, Ruhland, Rafferty These minutes were considered and approved at the regular Council Meeting on September 11, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor LINO LAKES CITY COUNCIL SPECIAL WORK SESSION MINUTES DATE: AUGUST 28, 2023 TIME STARTED: 7:32 PM TIME ENDED: 9:40 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; Community Development Director Michael Grochala; Public Safety Director John Swenson; Deputy Directors Dan L’Allier and Kyle Leibel; Public Service Director Rick DeGardner; Public Works Superintendent Justin Williams; City Clerk Jolleen Chaika. 1. 2024 Proposed Budget Finance Director Hannah Lynch continued her presentation to Council on the proposed 2024 budget; the focus of the session being review of the Rookery funds, enterprise funds, and capital purchases. Director Lynch presented to Council the proposed levy increase related to the Rookery Activity Center. Public Services Director Rick DeGardner provide details on concepts for increased revenues and also responded to questions about marketing. Discussion was held by Council on programming at the Rookery Activity Center, use of ARPA dollars, and existing contracts for fitness services. Public Works Superintendent Justin Williams provided an overview of enterprise fund status. Discussion was then held on capital purchases, including planned Public Safety purchases for 2024. Public Safety Director John Swenson noted timelines for placing orders for the squads; he advised that if orders are placed in January, 2024, delivery could be anticipated in the second quarter of 2025. Council discussed bringing forward approval to place orders ahead of final approval of the 2024 budget to provide delivery of new vehicles in a timely manner. The work session concluded at 9:40 PM. These minutes were considered and approved at the regular Council Meeting on September 11, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1E STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: September 11, 2023 TOPIC: Resolution 23-92, Approving a New Tobacco License VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City of Lino Lakes requires a license for any business that wishes to sell tobacco products. BACKGROUND In June, 2023 a tobacco license was issued to Lino Lakes One Stop; however, that business has now closed and a new owner/operator has opened the gas station at 6501 Ware Road. Under Chapter 602 of the city code, a tobacco license may not transfer when a business changes hands and a new license must be obtained by the new owner/operator. An application by the new owner of the convenience store, Lino Lakes Quick Stop, located at 6501 Ware Road, has applied for a new tobacco license for the remainder of the licensing year, through June 30, 2023. A background check was conducted by Lino Lakes Public Safety and no factors to deny the license were found. RECOMMENDATION Staff recommends approval of Resolution 23-92, Approving a New Tobacco License for Lino Lakes Quick Stop. ATTACHMENTS Resolution 23-92 CITY OF LINO LAKES RESOLUTION NO. 23-92 WHEREAS, the City of Lino Lakes requires all businesses wishing to sell tobacco and tobacco related products to apply on a city-approved application form for a Tobacco License; and, WHEREAS, Mr. Raees Chohan, new owner of Lino Lakes Quick Stop, located at 6501 Ware Road, has applied to obtain a Tobacco License; and, WHEREAS, the license that was previously issued to the store located at 6501 Ware Road is no longer in effect after the close of the business at that location; and, WHEREAS, City staff, including Public Safety, has reviewed the application and background investigation materials and has found that the applicant meets local licensing requirements; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota: The City of Lino Lakes hereby approves the issuance of a Tobacco License to Lino Lakes Quick Stop, located at 6501 Ware Road, effective until June 30, 2023 unless cancelled or revoked before that date. Adopted by the City Council of the City of Lino Lakes this 11th day of September, 2023. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1F STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: September 11, 2023 TOPIC: Exempt Gambling Permit: St. Joseph’s Church VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION St. Joseph of the Lake Catholic Church has applied for an Exempt Gambling Permit to conduct a raffle on November 21, 2023 BACKGROUND Pursuant to Minn. Stat. 349.166, organizations are eligible to obtain an exempt permit to conduct a raffle without obtaining a full gambling license and without abiding by all provisions required by licensed organizations if: •the organization conducts lawful gambling on five or less days per year; •the organization does not award more than $50,000 in prizes for lawful gambling in a calendar year; •the organization submits a board-prescribed application and pays a fee of $100 to the board for each gambling occasion, and receives an exempt permit number from the board. If the application is postmarked or received less than 30 days before the gambling occasion, the fee is $150 for that application. The application must include the date and location of the occasion, the types of lawful gambling to be conducted, and the prizes to be awarded; •the organization notifies the local government unit 30 days before the lawful gambling occasion, or 60 days for an occasion held in a city of the first class; •the organization purchases all gambling equipment and supplies from a licensed distributor; and •the organization reports to the board, on a single-page form prescribed by the board, within 30 days of each gambling occasion, the gross receipts, prizes, expenses, expenditures of net profits from the occasion, and the identification of the licensed distributor from whom all gambling 2 equipment was purchased. Further, City Ordinance, Section 611.07 requires that any organization applying for any lawful gambling permit under Minn. Stat. 349.11 through 349.23, must receive approval from City Council. Although this application is for an exempt permit for a one-time event, Council approval is still required. RECOMMENDATION Approve Application for Exempt Permit and authorize City Clerk to sign the same to return to the MN Gambling Control Board ATTACHMENTS Copy of Application for Exempt Permit 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 2A STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: September 11, 2023 TOPIC: Approving 2024 Capital Purchases VOTE REQUIRED: 3/5 ______________________________________________________________________________ BACKGROUND The City Council reviewed the 2024 Capital Equipment Replacement Fund budget at the August 28th budget work session. During the budget work session staff expressed continued difficulty in receiving capital equipment and vehicles in a timely manner due to continued supply chain issues. The time between when a purchase order is submitted and the item is received is over 12 months. In hopes of getting the 2024 capital items within the 2024 fiscal year, the City Council expressed desire to approve specific capital items at the September 11th City Council Meeting so purchase orders may be submitted by staff. RECOMMENDATION Consider Resolution 23-93, Approving 2024 Capital Purchases ATTACHMENTS Capital Detail Resolution 23-93 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-66 PROJECT NAME: #301 Unmarked Admin Vehicle Project Year: 2024 Department: Police Program: Citywide Project Type: Vehicles Useful Life (Years): 6 Contact Person: Public Safety Director Project Description: 2016 Ford Explorer Project Justification: Emergency vehicles are routinely driven at the upper performance levels. Vehicles with over 100,000 miles are more likely to have transmission, suspension and engine problems. Peak mechanical and structural condition of performance-driven emergency vehicles is essential to ensure the safety of the public and our staff. Police staff are expected to respond to emergencies quickly, with constant due regard for public safety. As such, our emergency vehicles cannot fail. With vehicle age, comes increased risk to the driver and public due to mechanical wear, exterior storage, and the effects of prolonged salt exposure. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment Revolving Fund (402) $60,000 $0 $0 $0 $0 $60,000 Total $60,000 $0 $0 $0 $0 $60,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment $60,000 $0 $0 $0 $0 $60,000 Total $60,000 $0 $0 $0 $0 $60,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-36 PROJECT NAME: #304 Marked Patrol Vehicle Project Year: 2024 Department: Police Program: Citywide Project Type: Vehicles Useful Life (Years): 5 Contact Person: Public Safety Director Project Description: 2016 Ford Explorer Project Justification: Emergency vehicles are regularly driven at the upper performance levels. Vehicles with over 100,000 miles are more likely to have transmission, suspension and engine problems. Each of these repairs increases the cost per mile to operate the vehicle. Peak mechanical and structural condition of performance-driven emergency vehicles is essential to ensure the safety of the public and officers. Officers are expected to respond to emergencies quickly, with constant due regard for public safety. As such, our emergency vehicles cannot fail. With vehicle age, comes increased risk to the driver and public due to mechanical wear, weathering from exterior parking/storage, and the effects of prolonged salt exposure. Police patrol vehicles often need to idle when in-service and not parked in an area with shore power due to the temperature sensitive medical equipment and supplies the officers carry, as well as to ensure adequate charging of the squad computer. According to General Motors (2022 Chev Tahoe owner's manual, pg. 391 - extended idle use) each hour of idling is equal to 33 miles . A five year old squad car which has approximately 5900 idle hours, equates to approximately 194,700 additional miles added to the vehicle. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment Revolving Fund (402) $68,000 $0 $0 $0 $0 $68,000 Total $68,000 $0 $0 $0 $0 $68,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment $68,000 $0 $0 $0 $0 $68,000 Total $68,000 $0 $0 $0 $0 $68,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-38 PROJECT NAME: #315 Marked Patrol Vehicle Project Year: 2024 Department: Police Program: Citywide Project Type: Vehicles Useful Life (Years): 5 Contact Person: Public Safety Director Project Description: 2020 Ford Explorer Project Justification: Police vehicle 315 would be rotated into the Fire Division to replace Fire vehicle 619 which is 2013 Ford SUV with 76,200 miles. See City Mechanics memo for further details. Emergency vehicles are regularly driven at the upper performance levels. Vehicles with over 100,000 miles are more likely to have transmission, suspension and engine problems. Each of these repairs increases the cost per mile to operate the vehicle. Peak mechanical and structural condition of performance-driven emergency vehicles is essential to ensure the safety of the public and officers. Officers are expected to respond to emergencies quickly, with constant due regard for public safety. As such, our emergency vehicles cannot fail. With vehicle age, comes increased risk to the driver and public due to mechanical wear, weathering from exterior parking/storage, and the effects of prolonged salt exposure. Police patrol vehicles often need to idle when in-service and not parked in an area with shore power due to the temperature sensitive medical equipment and supplies the officers carry, as well as to ensure adequate charging of the squad computer. According to General Motors (2022 Chev Tahoe owner's manual, pg. 391 - extended idle use) each hour of idling is equal to 33 miles . A five year old squad car which has approximately 5900 idle hours, equates to approximately 194,700 additional miles added to the vehicle. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment Revolving Fund (402) $68,000 $0 $0 $0 $0 $68,000 Total $68,000 $0 $0 $0 $0 $68,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total City of Lino Lakes - Capital Improvement Plan Capital Equipment $68,000 $0 $0 $0 $0 $68,000 Total $68,000 $0 $0 $0 $0 $68,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-39 PROJECT NAME: #316 Marked Patrol Vehicle Project Year: 2024 Department: Police Program: Citywide Project Type: Vehicles Useful Life (Years): 5 Contact Person: Public Safety Director Project Description: 2020 Ford Explorer Project Justification: Police Vehicle 316 will be rotated to Fire Division to replace vehicle 600. Vehicle 600 is 2015 Ford SUV with 102,145 miles. See City Mechanic's memo for further details. The $70,000 budgeted amount includes $2,000 to transition 316 to Fire Division. Emergency vehicles are regularly driven at the upper performance levels. Vehicles with over 100,000 miles are more likely to have transmission, suspension and engine problems. Each of these repairs increases the cost per mile to operate the vehicle. Peak mechanical and structural condition of performance-driven emergency vehicles is essential to ensure the safety of the public and officers. Officers are expected to respond to emergencies quickly, with constant due regard for public safety. As such, our emergency vehicles cannot fail. With vehicle age, comes increased risk to the driver and public due to mechanical wear, weathering from exterior parking/storage, and the effects of prolonged salt exposure. Police patrol vehicles often need to idle when in-service and not parked in an area with shore power due to the temperature sensitive medical equipment and supplies the officers carry, as well as to ensure adequate charging of the squad computer. According to General Motors (2022 Chev Tahoe owner's manual, pg. 391 - extended idle use) each hour of idling is equal to 33 miles . A five year old squad car which has approximately 5900 idle hours, equates to approximately 194,700 additional miles added to the vehicle. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment Revolving Fund (402) $70,000 $0 $0 $0 $0 $70,000 Total $70,000 $0 $0 $0 $0 $70,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total City of Lino Lakes - Capital Improvement Plan Capital Equipment $70,000 $0 $0 $0 $0 $70,000 Total $70,000 $0 $0 $0 $0 $70,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-68 PROJECT NAME: #398 Unmarked Admin Vehicle Project Year: 2024 Department: Police Program: Citywide Project Type: Vehicles Useful Life (Years): 6 Contact Person: Public Safety Director Project Description: 2015 Ford Explorer Project Justification: Emergency vehicles are regularly driven at the upper performance levels. Vehicles with over 100,000 miles are more likely to have transmission, suspension and engine problems. Each of these repairs increases the cost per mile to operate the vehicle. Peak mechanical and structural condition of performance-driven emergency vehicles is essential to ensure the safety of the public and officers. Officers are expected to respond to emergencies quickly, with constant due regard for public safety. As such, our emergency vehicles cannot fail. With vehicle age, comes increased risk to the driver and public due to mechanical wear, weathering from exterior parking/storage, and the effects of prolonged salt exposure. Police patrol vehicles often need to idle when in-service and not parked in an area with shore power due to the temperature sensitive medical equipment and supplies the officers carry, as well as to ensure adequate charging of the squad computer. According to General Motors (2022 Chev Tahoe owner's manual, pg. 391 - extended idle use) each hour of idling is equal to 33 miles . A five year old squad car which has approximately 5900 idle hours, equates to approximately 194,700 additional miles added to the vehicle. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment Revolving Fund (402) $60,000 $0 $0 $0 $0 $60,000 Total $60,000 $0 $0 $0 $0 $60,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment $60,000 $0 $0 $0 $0 $60,000 Total $60,000 $0 $0 $0 $0 $60,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-77 PROJECT NAME: #NEW Plow Truck Project Year: 2024 Department: Fleet Program: Citywide Project Type: Vehicles Useful Life (Years): 13 Contact Person: Public Services Director Project Description: Purchase a new plow truck to create an additional snowplow route to clear all city streets. Project Justification: City lane miles have increased. An additional plow truck needs to be added to the fleet in order to quickly finish the process of making city roadways safe following a snow occurrence. Increased plowing times and more lane miles of road have made it necessary to expand the fleet of plow trucks. Last addition to the plow fleet was in 2006. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment Revolving Fund (402) $318,000 $0 $0 $0 $0 $318,000 Total $318,000 $0 $0 $0 $0 $318,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment $318,000 $0 $0 $0 $0 $318,000 Total $318,000 $0 $0 $0 $0 $318,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-260 PROJECT NAME: Digital Mobile Evidence Project Year: 2024 Department: Police Program: Citywide Project Type: Other Equipment Useful Life (Years): 10 Contact Person: Public Safety Director Project Description: The squad car video and body worn camera (BWC) system are currently the Panasonic Arbitrator includes forward facing camera and back seat camera. Video footage wirelessly downloads into video server. The back end video server is integrated with BWC and squad car systems. Project Justification: Video evidence is vitally important and in documenting police and community member interactions and play a crucial role in the prosecution of criminals matters in the Lino Lakes. This system also allows staff to review police responses to continuous improvement and accurate document police and community members interactions. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Public Safety Aid $200,000 $ $0 $0 $0 $200,000 Total $200,000 $0 $0 $0 $200,000 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment $200,000 $0 $0 $0 $0 $200,000 City of Lino Lakes - Capital Improvement Plan Total $200,000 $0 $0 $0 $0 $200,000 City of Lino Lakes - Capital Improvement Plan Capital Improvement Project 2024 through 2028 PROJECT # CW-342 PROJECT NAME: Fire Equipment for New Tenders Project Year: 2024 Department: Fire Program: Citywide Project Type: Other Equipment Useful Life (Years): 10 Contact Person: Public Safety Director Project Description: The City has ordered two new Fire Tenders and equipment is needed for both apparatus. Project Justification: This equipment is needed to meet fire response needs and industry standards. Funding Sources FY2024 FY2025 FY2026 FY2027 FY2028 Total Public Safety Aid $156,230 $0 $0 $0 $0 $156,230 Total $156,230 $0 $0 $0 $0 $156,230 Expenditures FY2024 FY2025 FY2026 FY2027 FY2028 Total Capital Equipment $156,230 $0 $0 $0 $0 $156,230 Total $156,230 $0 $0 $0 $0 $156,230 CIP Request 2024 (Police) #619 #619 is a 2013 Ford Police Interceptor Utility. It was built in May of 2012. This vehicle was purchased for the police department in 2012 during our transition away from the Ford Crown Victoria. In 2016, this vehicle was moved to the fire department which has kept the annual mileage relatively low. If approved for replacement next year, this vehicle will have been in service for over 12 years by the time its replacement is ready in late 2024. #619’s total cost per mile (maintenance, repairs, fuel) is 28 cents. #619 would be my first priority for replacement in Public Safety for 2024. The air conditioning compressor is leaking and in need of replacement. 44 The majority of the rubber bushings on the vehicle are cracked and worn. The aluminum hood is showing quite a bit of corrosion. There is also quite a bit of rust forming around the lock cylinder on the tailgate/hatch of the vehicle. 45 The door panel on the front driver’s door is splitting open and in need of replacement. The rear tailgate/hatch is in horrible condition and is in desperate need of replacement. 46 #304 #304 is a 2016 Ford Police Interceptor Utility. It was built in March of 2016. This vehicle currently has just over 113,000 miles. The Public Safety Department has put roughly 18,000 miles on this vehicle in the last year. If replaced this time next year, #304 would likely have around 131,000 miles when taken out of service. If delayed a year it will likely be around 149,000 miles before it is replaced. #304 has a total cost per mile of 30 cents. This would be my second priority for replacement in Public Safety for 2024. One of the PTU cooler lines is leaking and in need of replacement. 47 The output seal on the back of the PTU is leaking and should be replaced. Both axles seals on the rear differential are leaking and in need of replacement. 48 The front edge of the aluminum hood is starting to corrode and the paint will soon start flaking off. This is something that will continue to get worse. If the vehicle is going to be left in the fleet we should try to get a price on a new hood. 49 Rust is starting on the inside lip of both rear doors. A very small amount of rust is just starting on the inside lip of the tailgate/hatch. 50 #398 #398 is a 2015 Ford Police Interceptor Utility. It was built in March of 2015. It currently has around 98,000 miles. This vehicle is William Owens’ admin vehicle. He seems to be averaging around 12,000 miles per year. If replaced this time next year, #398 would likely have around 110,000 miles when taken out of service. If kept in service for an additional year it would likely be around 122,000 miles before being taken out of service. As an admin car it doesn’t see nearly the abuse that the patrol vehicles receive. Its total cost per mile (maintenance, repairs & fuel) is 20 cents per mile, which is considerably less than the two vehicles previously mentioned. This vehicle is my third priority for replacement in Public Safety for 2024. #398 has an issue directly above the windshield where the paint has come off and rust is starting to form. We should try to get an estimate on getting this issue repaired in the near future. 51 The rear main seal on the engine is leaking engine oil and should be replaced. There is a small seep/leak from both axle seals on the rear differential. 52 The paint is cracked around the lock cylinder on the tailgate/hatch and will likely start rusting soon. There is also a small amount of corrosion starting on the front lip of the aluminum hood. #600 #600 is a 2015 Ford Police Interceptor Utility. It was built in February of 2015. This vehicle currently has just over 102,000 miles. The Public Safety Department has put roughly 3,000 miles on this vehicle in the last year. 53 If replaced this time next year, #600 would likely have around 105,000 miles when taken out of service. If delayed a year it will likely be just under 108,000 miles before it is replaced. #600 has a total cost per mile of 22 cents. This would be my fourth priority for replacement in Public Safety for 2024. The PTU has a small leak and may need replaced at some point in the future. Various rubber bushings are cracked and worn. 54 #301 #301 is a 2016 Ford Police Interceptor Utility. It was built in March of 2016. It currently has around 102,000 miles. This vehicle is John Swenson’s admin vehicle. He seems to be averaging around 13,000 miles per year. If replaced this time next year, #301 would likely have around 115,000 miles when taken out of service. If kept in service for an additional year it would likely be around 128,000 miles before being taken out of service. As an admin car it doesn’t see nearly the abuse that the patrol vehicles receive. Its total cost per mile (maintenance, repairs & fuel) is 19 cents per mile, which is the least of the five vehicles inspected for possible replacement in 2024. This vehicle is my fifth priority for replacement in Public Safety for 2024. #301 is starting to show the smallest amount of rust on the bottom of two of its doors. No other issues were currently found with this vehicle. 55 CITY OF LINO LAKES RESOLUTION NO. 23-93 APPROVING 2024 CAPITAL PURCHASES WHEREAS, the City Council has reviewed the proposed 2024 Capital Equipment Replacement Fund budget during their budget work sessions; and, WHEREAS, supply chains have been overextended for quite some time leading to delays in when capital equipment and vehicles are received; and, WHEREAS, Council would like approve some capital purchases in advance of the final budget approval to attempt to combat the long lead times; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the following capital items are approved for purchase: Item Amount Funding Unmarked Admin Vehicle $60,000 Capital Equipment Replacement Fund Marked Patrol Vehicle $68,000 Capital Equipment Replacement Fund Marked Patrol Vehicle $68,000 Capital Equipment Replacement Fund Marked Patrol Vehicle $70,000 Capital Equipment Replacement Fund Unmarked Admin Vehicle $60,000 Capital Equipment Replacement Fund Plow Truck $318,000 Capital Equipment Replacement Fund Digital Mobile Evidence $200,000 Public Safety Aid Fire Equipment for New Tenders $156,230 Public Safety Aid Adopted by the City Council of the City of Lino Lakes this 11th day of September, 2023. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: September 11, 2023 TOPIC: Consider 2nd Reading of Ordinance No. 08-23 Amending City Code Section 901.03 Section Relating to Construction Working Hours VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to amend City Code Chapter 901.03 to allow an exemption to construction working hour restrictions. BACKGROUND Construction projects, both public and private, periodically require the completion of work outside of working hours currently allowed in City code related to public nuisances and noise. The City allows construction activities to occur from 7 am to 7 pm Monday through Friday, 9 am to 5 pm on Saturdays, and does not permit activity on Sundays and federal holidays. Section 901.03 (4) currently provides for the following: § 901.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. (4) (a) Noise emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Ch. 7030, as it may be amended from time to time; (b)1. No person shall engage in or permit construction activities involving the use of any kind of electric, pneumatic, diesel or gas-powered machine or other power equipment except as follows: 7:00 a.m. to 7:00 p.m. Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday No construction activity allowed Sunday and federal holidays 2 2.The restriction on working hours in this § 901.03(4)(b)1. does not apply to persons working on their own existing private residences; Currently the only exemption is for persons working on their own private residence. Certain projects, such as a repair of a water main break or storm damage repairs, completed during prohibited hours would be in violation of City Code requirements. Additionally, certain construction practices, such as dewatering, require continuous operation to complete the task. To address these issues staff is proposing an amendment to Section 901.03 to provide certain exemptions from the work hour and day prohibitions. Under the proposed amendment an emergency repair such as a water main break would be exempt from the requirement and undertaken as needed. Other work may be allowed by the City Engineer or Public Services Director, on a case by case basis, if determined necessary to restore public service such as a downed power line or eliminate a hazard, such as a downed tree blocking a road. The amendment also allows for the City Engineer to approve activities such as dewatering, common on both public and private projects. Any approval would be subject to conditions requiring noise mitigation. The City Council approved the 1st Reading on August 28, 2023 with the modification to include “written” approval from the City Engineer under subpart 2.iii. RECOMMENDATION Staff is recommending approval of Ordinance No. 08-23. ATTACHMENTS 1.Ordinance No. 08-23. 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 08 -23 ORDINANCE AMENDING CITY CODE CHAPTER 901.03 (4) (b) RELATING TO CONSTRUCTION WORKING HOUR RESTRICTIONS The City Council of Lino Lakes ordains: Section 1. That Section 901.03 (4) (b) of the Lino Lakes Code of Ordinances related to Public Nuisances Affecting Peace and Safety is hereby amended as follows: 2.Exceptions. The restriction on working hours in this § 901.03(4)(b)1. does notapply to persons working on their own existing private residences; i.The restriction on working hours in this § 901.03(4)(b)1.does not apply to persons working on their own existing private residences; ii.The performance of city or state authorized, sponsored or licensed workto undertake emergency utility repairs, such as water main breaks, shall be exempt from the restrictions of this section. In other circumstances, where work is needed outside working hours and daily restrictions to protect the public health, safety or welfare of city residents, work may be allowed by the City Engineer or Public Services Director upon determination that the performance of work is necessary to restore public service or eliminate a public hazard. Any person responsible for such work shall take all reasonable actions to minimize the amount of noise. iii.Private construction activity that requires continuous hours of operationto complete, such as dewatering, may be allowed subject to the written approval of the City Engineer. Such approval shall be subject to any condition deemed necessary, by the City Engineer, to mitigate noise impacts. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Lino Lakes City Council this 11th day of September, 2023. BY: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk August 28, 2023September 11, 2023 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: September 11, 2023 TOPIC: Consider 2nd Reading Ordinance No. 09-23, Approving Sale of Land to JAVA Companies, LLC, Lots 12 & 13, Block 2, Carole Estates 2nd Addition and Part of 7685 Lake Drive VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to approve the sale of 2.24 acres of property owned by the City at the corner of Lake Drive and 77th Street (Lots 12 & 13, Block 2, Carole Estates 2nd Addition and a remnant of 7685 Lake Drive to JAVA Companies, LLC (Buyer). BACKGROUND Lots 12 and 13 were acquired by the City from the Economic Development Authority (EDA) in 1990, along with Lots 14, 16 & 17, for the construction of what was then known as Centennial Fire Station No. 2. At that time the City already owned Lot 15, Block 2 which was occupied by the original Centennial Fire Station No. 2. Lot 15, Block 2 was sold to the American Legion in 1999 as well as Lot 15 in 2017. The City purchased 7685 Lake Drive in 2019 for right-of-way allow for the 77th Street/Marketplace Drive realignment. Lots 12 & 13, Block 2 of Carole’s Estates 2nd Addition are immediately south of the American Legion and currently undeveloped. The property is approximately 2.01 acres in area. The property was being used for community gardens as a temporary use pending its sale and development. Two remnants of 7685 Lake Drive (.23 acres) are not needed for street purposes and available for assembly with the abutting property. The City has been planning for the realignment of 77th Street to connect with the signalized Marketplace Drive intersection to improve mobility for properties west of Lake Drive and create development opportunities for properties north and south of the new road. Land assemble and the provision of right-of-way for the road improvements have continued to be a requirement for the sale of the City property. JAVA Companies, LLC (Buyer), currently constructing a multi-tenant commercial project at 601 Apollo, has expressed interest in developing the City property. Through negotiations with Buyer, 2 the City has reached a sale price of $519,080 for the 2.24 acres. The purchase is subject to a 180 day buyer contingency period with options for four, sixty day extensions. Under the terms of the agreement buyer will; 1) Execute a restrictive covenant prohibiting use of property for automobile/truck repair, car wash or a motor fuel station; 2)Purchase the property located at 7691 Lake Drive (the “Broker” Property). The sale will not close without this purchase. 3)Dedicate to City drainage and utility easements and right-of-way for 77th/Marketplace Drive realignment. 4) Make a refundable earnest money deposit of $5,000. Each extension will require an additional $1,000 deposit. The agreement also requires that the portion of the property (.2 acres of 7685 Lake Drive), lying south of the proposed right-of-way, will revert to the City, at no cost, if the purchase of abutting land is not made within 3 years. The City and Buyer will split the platting costs equally. The City agrees to complete the plans and specifications for the road realignment prior to closing and authorize advertisement for bids within 30 days of the property closing. The City Council approved the 1st Reading on August 28, 2023. RECOMMENDATION Staff is recommending approval of the 1st Reading of Ordinance No. 09-23. ATTACHMENTS 1.Ordinance No. 09-23 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 09-23 ORDINANCE APPROVING SALE OF LAND TO JAVA COMPANIES, LLC The City Council of Lino Lakes ordains: Section 1. Property. The City is the fee owner of the Property legally described as: Lot 12 and Lot 13, Block 2, Carole’s Estates 2nd Addition; and, Lot 4, Auditor’s Subdivision No. 134 (7685 Lake Drive) Section 2. Findings. 1. Lots 12 and 13, Block 2, Carole Estates 2nd Addition and that part of Lot 4,Auditor’s Subdivision No. 134 (excepting therefrom the proposed right-of-wayfor Marketplace Drive) as shown in the attached Exhibit A, is excess property identified for sale to promote economic development. 2. The Property is guided for Commercial use in the City’s 2040 ComprehensivePlan and zoned GB, General Business District and NB, Neighborhood Business. 3. The sale of property will result in development of the property andenhancement of the City’s tax base. 4.The sale of property will facilitate realignment of the 77th Street/Marketplace Drive to provide commercial and residential access to property west of LakeDrive. Section 3. Authorization The City Council approves the sale of the Property to JAVA Companies, LLC. The Mayor and City Clerk are hereby authorized and directed to execute a purchase agreement, deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the City Charter. Section 4. Effective Date. August 28, 2023 September 11, 2023 2 This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the City Charter. Adopted by the Lino Lakes City Council this 11th day of September, 2023. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 77th St W 698 675 695 7726 7716 7722 7710 7702 7681 7713 7731 700 7691 7685 7675 MA R K E T MARILYN DRCSAH 23 (LAKE DRIVE)PL A C E D R 77TH ST W S S E E E OH OH OH OH OH OH OH OH OH OHG G GG GGGGOH OH OH OHOHS 203+00 204+00100+00101+0010 2 + 0 0 103 + 0 0 104 + 0 0 105+ 0 0 105+ 6 7 K:\017210-000\Cad\Exhibits\017210-000-C-AERIAL-PLAN.dwg 7/24/2023 9:59:34 AMN SCALE IN FEET 0 H: 40 80 FIGURE 1 WSB PROJECT NO.CITY OF LINO LAKES, MN017210-0002022 MARKET PLACE DRIVEREALIGNMENT PROJECT CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: September 11, 2023 TOPIC: Consider Resolution No. 23-91, Approving Change Order No. 2, 2023 Pheasant Run Reconstruction Project VOTE REQUIRED: 3/5 _____________________________________________________________________________ INTRODUCTION Staff is requesting council approval of Change Order No. 2 for the 2023 Pheasant Run Reconstruction Project. BACKGROUND On April 10, 2023, the City Council awarded the bid for the 2023 Pheasant Run Reconstruction Project to A-1 Excavating, LLC in the amount of $886,886.00. Construction of the project began in August 2023. The project includes watermain, sanitary sewer, storm sewer replacement and street reconstruction. On July 10, 2023 the City Council approved Change Order No. 1 for the contractor to perform a pre-condition survey and monitor the vibration on the project for a new contract cost of $919,686.00. As construction has commenced, staff has been required to turn additional valves not within the project limits in order to supply temporary water to residents. It has been found that these additional valves are leaking and need emergency replacement. Due to the urgency of the requested replacement, and the close proximity to the project, gate valves need replaced at three locations: Captains Place near Black Duck Drive (Site 1), the northwest quadrant of the Pheasant Run and Birch Street intersection (Site 2), and the southwest quadrant of the Pheasant Run and Birch Street intersection (Site 3). This area is also prone to high water levels and corrosion. Due to these factors, the sanitary manholes be lined with an epoxy flex seal on the interior (to supplement the gator wrap on the exterior) to keep water out and extend the life of the sanitary sewer system in this area. For Council consideration, staff has drafted Change Order No. 2 in the amount $58,440.00 to remove the existing valves and install new gate valves. Funding for the project is from the 2021 Street Reconstruction Bonds, the Water and Sewer Operating Funds, the Trunk Water Fund, and the Street Reconstruction Fund. The 2023 Pheasant Run Project contract with A-1 Excavating, LLC with Change Order No. 2 would be increased to $978,126.00. This amount of Change Order No. 2 is within the project planned contingencies and budget. RECOMMENDATION Staff is recommending approval of Resolution No. 23-91 for Change Order No. 2 in the amount of $58,440.00 for the Pheasant Run Reconstruct Project. ATTACHMENTS 1.Resolution 23-91 2.Change Order No.2 CITY OF LINO LAKES RESOLUTION NO. 23-91 APPROVING CHANGE ORDER NO. 2 PHEASANT RUN RECONSTRUCTION PROJECT WHEREAS, pursuant to resolution 23-22 of the Council adopted on April 10, 2023, awarding the contract for the Pheasant Run Reconstruction Project to A-1 Excavating LLC; and, WHEREAS, a complete summary of costs are detailed in Change Order No. 2; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that Change Order No. 2 is approved in the amount of $58,440.00. Adopted by the Council of the City of Lino Lakes this 11th day of September, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Rev. July 2020 CHANGE ORDER Page 1 of 1 WSB Project No. 021412-000 Owner Project No. Change Order No. 2 Project Title/Description: Pheasant Run Reconstruction Project Owner: City of Lino Lakes Owner Address: 600 Town Center Parkway Lino Lakes, MN 55014-1182 Contractor: A-1 Excavating, Inc. Contractor Address: PO Box 90 Bloomer, WI 54724 Total Change Order Amount: $58,440.00 Description: Emergency gate valve replacements for Captain’s Place/Black Duck (Site 1), Pheasant Run North (Site 2) and Pheasant Run South (Site 3). Sanitary Lining #6001 and #6002 Flex Seal. Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.) Group/Funding Category Item No. Description Unit Unit Price + or – Quantity + or – Amount $ Local CO2-1 Captains Place / Black Duck (Site 1) LS $34,768.00 1 $34,768.00 Local CO2-2 Pheasant Run North (Site 2) LS $6,136.00 1 $6,136.00 Local CO2-3 Pheasant Run South (Site 3) LS $13,246.00 1 $13,246.00 Local CO2-4 FLEX SEAL LS $4,290.00 1 $4,290.00 Net Change This Change Order $58,440.00 Due to this change, the contract time: (check one) ( ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806 Number of Working Days Affected by this Contract Change: Number of Calendar Days Affected by this Contract Change: Approved By Project Engineer: Date: Approved By Contractor: Date: Approved By Owner: Date: