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HomeMy WebLinkAbout10-09-2023 Council Meeting Packet CITY COUNCIL AGENDA Monday, October 9, 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. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  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.  Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Introduction of the Lino Lakes Ambassadors 1. CONSENT AGENDA A. Consider Approval of Expenditures for October 9, 2023 (Check No. 119408 through 119512) in the Amount of $1,058,191.30 B. Consider Approval of September 25, 2023 Work Session Minutes C. Consider Approval of September 25, 2023 Council Meeting Minutes D. Consider Approval of September 25, 2023 Council Closed Session Minutes E. Consider Approval of Resolution 23-103, Appointing Election Judges F. Consider Approval of Resolution 23-104, Approving Issuance of New Massage Enterprise and Therapist Licenses Council Agenda -2- October 9, 2023 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Amendment to the Paid On-Call Fire Compensation Plan, Meg Sawyer B. Consider Appointment of Streets and Stormwater Maintenance Worker, Meg Sawyer 4. PUBLIC SAFETY DEPARTMENT REPORT 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A. Public Hearing. Consider Resolution No. 23-105, Adopting Weed Abatement Assessment Role, Michael Grochala B. Consider 1st Reading of Ordinance No. 10-23, Amending City Code Section 904.08 Related to Managed Natural Landscapes, Andy Nelson • Council may vote to dispense with the full reading of the ordinance C. Consider Resolution No. 23-107, Approving 2024 SCORE Grant with Anoka County, Andy Nelson D. Consider Resolution No. 23-96, Authorize the Preparation of Plans and Specs, 2024 Street Rehabilitation and Trunk Watermain Project, Diane Hankee E. Consider Denial of Ordinance No. 12-23 Zoning Ordinance Text Amendment- Synthetic Grass, Katie Larsen • Council may vote to dispense with the full reading of the ordinance F. Glamos Wire, Inc. (2300 Main Street), Katie Larsen i. Consider Resolution No. 23-101 Approving Conditional Use Permit Amendment for Outdoor Storage ii. Consider Resolution No. 23-102 Approving Site Improvement Performance Agreement G. Consider 1st Reading of Ordinance No. 13-23 Zoning Ordinance Text Amendment-General Updates, Katie Larsen • Council may vote to dispense with the full reading of the ordinance Council Agenda -3- October 9, 2023 H. Consider 2nd Reading of Ordinance 11-23, Approving Land Sale TS Miller Co, Michael Grochala • Council may vote to dispense with the full reading of the ordinance • A Roll Call Vote is required for adoption of an ordinance I. Consider Resolution No. 23-106, Adopting Assessments, 2023 Individual Properties, Diane Hankee J. Consider Resolution No. 23-109, Authorizing Preparation of Well No. 4 Repurposing Plan, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead October 9, 2023 through October 23, 2023  Wednesday, October 11 6:30 pm, Council Chambers Planning & Zoning Board  Monday, October 23 6:00 pm, Community Room Council Work Session  Monday, October 23 6:30 pm, Council Chambers City Council Meeting + Expenditures October 9, 2023 Check #119408 to #119512 $1,058,191.30 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting October 9, 2023 Transfer In/(Out) 9/18/2023 Payroll #19 ACH Return V. Kasprowicz 237.14 9/22/2023 Payroll #19 ACH Resent V. Kaspowicz (237.14) 9/25/2023 Transfer from FRB Money Market 500,000.00 9/29/2023 Payroll #19 (196,777.82) 9/29/2023 Payroll #20 Federal Deposit (54,059.33) 9/29/2023 Payroll #20 PERA (54,464.25) 9/29/2023 Payroll #20 State (12,122.37) 9/29/2023 Payroll #20 Child Support (923.22) 9/29/2023 Payroll #20 H.S.A. Bank Pretax (2,480.17) 9/29/2023 Payroll #20 TASC Pretax (921.10) 9/29/2023 Payroll #20 Mission Sq 457 Def. Comp #301596 (2,945.00) 9/29/2023 Payroll #20 Mission Sq Roth IRA #706155 (650.00) 9/29/2023 Payroll #20 MSRS HCSP #98946-01 (4,724.01) 9/29/2023 Payroll #20 MSRS Def. Comp #98945-01 (3,126.00) 9/29/2023 Payroll #20 MSRS Roth IRA #98945-01 (729.00) 10/6/2023 Council #10 Payroll (3,487.69) 10/6/2023 Council #10 Federal Deposit (202.30) 10/6/2023 Council #10 PERA (387.16) 10/6/2023 Council #10 State (44.08) LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: September 25, 2023 TIME STARTED: 6:00 PM TIME ENDED: 6:26 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Cavegn, Mayor Rafferty MEMBERS ABSENT: Councilmember Ruhland Staff members present: City Administrator Sarah Cotton; Public Safety Director John Swenson; Police Captain William Owens; Finance Director Hannah Lynch; Human Resources and Communications Manager Meg Sawyer; Community Development Director Michael Grochala; Public Works Superintendent Justin Williams; City Clerk Jolleen Chaika. 1.Review Regular Agenda Mayor Rafferty reviewed the agenda for the Regular Meeting, with a focus on the budget agenda item last. Staff provided brief comments highlighting information contained within staff reports. Finance Director Hannah Lynch provided an overview of the budget items being brought forward for Council consideration at the Regular Meeting. She provided an explanation for the preliminary levy and the public hearing which must be conducted prior to adoption of the final budget and levy. She further advised that, regarding Agenda Item 2C, Resolution 23-97 to Cancel Debt Service Levy, whenever debt is issued the debt must be sent to the County Auditor and the City must levy the amount in the bond documents. The levy cancellatin being considered was always anticipated as there are other resources available to pay this debt; tax levy isn’t necessary. Regarding the budget, Councilmember Lyden noted his desire to for Council to provide additional support to Alexandra House. Councilmember Cavegn concurred. Mayor Rafferty thanked them for the input. Prior to the conclustion of the Work Session, City Administrator Sarah Cotton inquired of Council support to close City buildings on October 5, 2023 from 2:00 PM – 4:30 PM for a staff appreciation event. City Clerk Jolleen Chaika noted that City Hall would remain open for absentee ballot voting. Council was in support of closing the buildings as indicated for staff appreciation. The Work Session concluded at 6:26 PM. These minutes were considered and approved at the regular Council Meeting on October 9, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: September 25, 2023 TIME STARTED: 6:30 PM TIME ENDED: 7:09 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz, Cavegn, Mayor Rafferty MEMBERS ABSENT: Councilmember Ruhland Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; Director of Public Safety John Swenson; City Engineer Diane Hankee; City Clerk Jolleen Chaika. SETTING THE AGENDA The agenda was accepted as presented: No additions or changes were made. PUBLIC COMMENT Public Comment was opened at 6:31 PM. Mr. Christopher Stowe, 426 Pine Street, addressed Council and advised that he is running for City Council. He commented on the sale of property to JAVA Companies and raised concerns of Councilmember Ruhland’s abstention from that vote. He asked why a realtor was not involved and said that he has concerns that he believes that City Hall sold land to a company that a councilmember has an apparent interest in. Mr. Stowe added comments about a personnel matter that he said he previously raised related to the City Planner and wanted an update on that. He then went on to state that he does not see a lot of diversity on the Council so he was promoting his neighbor, Catherine Decker. 1.Motion to: Close Public Comment at 6:36 PM. 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 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland 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. 23-97, Adopting the Preliminary 2023 Tax Levy, Collectible in 2024 Finance Director Hannah Lynch presented Resolution 23-97 for Council consideration. She provided details on the preliminary levy and noted that the 2023 levy (payable in 2024) of $14,120,928 represents a $1,227,013 or 9/52% increase over last year’s levy. She added that the final levy, which will be considered in December, may decrease but may not increase. Director Lynch recommended approval of Resolution 23-97, Adopting the Preliminary 2023 Tax Levy. i. Motion to Approve Resolution 23-97 B. Consider Resolution No. 23-98, Setting the Date and Time for a Public Hearing on the 2024 Budget and 2023 Tax Levy, Collectible in 2024 Finance Director Hannah Lynch presented Resolution 23-98 to establish the public hearing, also referred to as the Truth in Taxation Hearing, for the 2024 budget and tax levy. She advised Council that a public hearing is required prior to any adoption of a final budget and levy. This year’s public hearing is proposed for December 11, 2023 at 6:30 PM during the Regular Meeting of the City Council. Final adoption of the budget and tax levy is anticipated immediately following the hearing. In response to a question by Mayor Rafferty, Director Lynch confirmed that the budget and tax levy can be adopted at the next meeting if required. RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz Lyden, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Rafferty ABSENT: Ruhland Councilmember Stoesz asked if a resident who is unable to attend the public can may submit comments in writing. Director Lynch confirmed that a written comment from a resident is acceptable. i. Motion to: Approve Resolution 23-98 C. Consider Resolution No. 23-99, Canceling the 2023/2024 Debt Service Tax Levy for G.O. Capital Note, Series 2016A Finance Director Hannah Lynch presented Resolution 23-99, a resolution to cancel the 2023/2024 debt service tax levy for GO capital note series 2016A. She provided background on the February 2016 debt that was authorized by Council to finance the City of Lino Lakes’ share of the cost of equipment purchased for capital equipment to be used by North Metro Telecommunications Commission (NMTC) and advised that following an analysis of resources available, staff has determined that adequate resources are available to pay this debt outside of a tax levy. State Law requires the County to levy the amount originally certified and scheduled, unless the taxing authority passes a resolution canceling the debt service levy; thus, approval of Resolution 23-99 was recommended by Director Lynch. i. Motion to: Approve Resolution 23-99 to Cancel Debt Service Levy. 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Appointment of Parks Maintenance Worker Human Resources and Communication Manager Meg Sawyer presented a request to Council to approve the appointment of Travis Powers as a Parks Maintenance Worker. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland i. Motion to: Approve Appointment of Parks Maintenance Worker B. Consider Appointment of Police Records Technician Human Resources and Communication Manager Meg Sawyer presented a request to Council to approve the appointment of Jody Boyd as a Police Records Technician. i. Motion to: Approve Appointment of Police Records Technician C. Human Resources and Communication Manager Meg Sawyer presented a request to Council to approve the appointment of Ryan Olson as a Part-Time Firefighter. i. Motion to: Approve Appointment of Part-Time Firefighter 4. PUBLIC SAFETY DEPARMENT REPORT A. Consideration of Resolution 23-100, Accepting Federal Emergency Managementy Agency – Assistance to Firefighters Grant Public Safety Director John Swenson provided background to Council on the enhanced wellness programming for first responders in Lino Lakes which launched in January, 2023 with one-on-one services for police staff. Lino Lakes Public Safety has now been awarded a grant which will allow extension of the same wellness programming to firefighters. RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Lyden, Stoesz, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland i. Motion to: Approve Resolution 23-100 B. Consider the Acceptance of the 2024 TZD Grant Police Captain William Owens requested authorization to accept the 2024 Toward Zero Deaths (TZD) grant. He provided an overview of the TZD program and the Anoka County TZD group. He highlighted the work that is done under the grant. The funds received with the grant provide reimbursement for officer salaries. i. Motion to: Accept 2024 Toward Zero Deaths (TZD) Grant 5. PUBLIC SERVICES DEPARTMENT A. Consideration of Resolution 23-94, Approving Dish Wireless Tower Lease Agreement Public Works Superintendent Justin Williams presented a resolution to approve an agreement with Dish Network for leasing space in water tower #1. The request is for approximately 47 square feet of space on the raised platform. i. Motion to: Approve Resolution 23-94 6. COMMUNITY DEVELOPMENT REPORT A. Consider First Reading of Ordinance No. 11-23, Approving Sale of Property to TS Miller Co, LLC (Rice Industries) RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Rafferty ABSENT: Ruhland Community Development Director Michael Grochala presented the first reading of Ordinance 11- 23 which would authorize the sale of city property to TS Miller Co, LLC./Rice Companies which currently operates a distribution service on a 1.9 acre of property off of Apollo Drive. An expansion of the current facility at that location has been proposed; to facilitate the proposed expansion staff is proposing conveyance of the city parcel to TS Miller Co. The property is currently tax exempt and has a value of $24,000 per the County Assessor’s office. To facilitate the project and place the property back on the tax rolls the City is proposing a sale price at a nominal fee of $1. This sale of property will also put the parcel back on the tax rolls. i. Motion to: Dispense with Full Reading of Ordinance 11-23 ii. Motion to: Approve First Reading of Ordinance 11-23 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 RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Rafferty ABSENT: Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Rafferty ABSENT: Ruhland The meeting was adjourned at 7:03 PM. These minutes were considered and approved at the regular Council Meeting on October 9, 2023. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Rafferty ABSENT: Ruhland LINO LAKES CITY COUNCIL CLOSED COUNCIL MEETING MINUTES DATE: September 25, 2023 TIME STARTED: 7:08 PM TIME ENDED: 7:51 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz Ruhland, Cavegn, Mayor Rafferty Staff members present: Sarah Cotton, City Administrator; Michael Grochala, Community Development Director; Jay Squires, City Attorney. Mayor Rafferty convened the meeting at 7:08 PM at the Lino Lakes City Hall. Before the meeting was closed, Mayor Rafferty noted the purpose of the meeting: The closed meeting was conducted for discussion on pending litigation related to the White Bear Lake Water Appropriation Permit. The meeting was closed under Attorney-Client Privilege pursuant to Minn. Stat. 13D.05, Subd. 3(b). The meeting was not recorded. The meeting adjourned at 7:51 PM. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1D STAFF ORIGINATOR: MEETING DATE: TOPIC: Jolleen Chaika, City Clerk October 9, 2023 Appointing Election Judges VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City will administer this year’s Municipal General Election for Lino Lakes on November 7, 2023. BACKGROUND The governing body of a municipality has the authority, under Minn. Stat. 204B.21, to appoint election judges to serve in general elections. The City Council is being asked to appoint the list included on Resolution 23-103 as election judges for the 2023 election. The resolution also would authorize the City Clerk to appoint additional election judges to serve in the general election if needed. RECOMMENDATION Approve Resolution 23-103, appointing election judges for the 2023 Municipal General Election and authorizing City Clerk to appoint additional election judges if needed. ATTACHMENTS Resolution 23-103 CITY OF LINO LAKES RESOLUTION NO. 23-103 APPOINTING ELECTION JUDGES FOR THE NOVEMBER 7, 2023 ELECTION WHEREAS, a Municipal General Election will be held on Tuesday, November 7, 2023; and, WHEREAS, pursuant to Minn. Stat. 204B.20, election judges shall be appointed to serve in an election precinct and the appointing authority shall designate a judge serve as the head election judge; and, WHEREAS, training session for election judges in the City of Lino Lakes are provided through an online platform; and, WHEREAS, Minn. Stat. §204B.021, Subd. 2, requires that appointments be made at least 25 days before the election at which the judges will serve and that additional appointments may be made after the 25-day mark should the need arise; WHEREAS, the following are certified eligible voters who wish to serve as election judges and head judges if called to do so in the 2023 Municipal General Election: Raoul Anderson Kelli Damiani Steve Kahat John Nordlund Joel Andrychowicz Richard (Tom) Fidler Torin Klebba John Parenteau R Kent Barnard Rebecca Fletcher Sharon Kranz Janice Pasqualini Uyanga Bayandalai Dara Gades Juliane Kvalbein Marg Penn Darman Berg Joseph Grenier Jolie Lahlum Darren Peterson William Binder Steven Heiskary Jeff Lucey Joseph Plaisance Carol Blomberg Robert Herr Dawn Maxwell Erin Proza Colleen Borys Ruth Howard Patrick McCool Ann Rauch Debra Briss Debra Hyden Vance McVey Gregory Rogers Angela Carlson Pamela Jacobson Nathan Melanson Heidi Rousseau Kathryn Cheesebrow Thomas Jacobson Stephen Minar Mitchell Sawh Eileen Couture Lorita Janas Deborah Morris Nicholas Schintgen Andrew Cravero Kimberli Johnson Dan Musser Loerane Surma-Heine Debra Cravero Susan Johnson Ruth Nault Betty Utecht Katie Yankovec NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the above-listed certified eligible voters are hereby appointed to serve as election judges and head judges in the 2023 Municipal General Election if called to do so; and, BE IT FURTHER RESOLVED that should additional election judges outside of those hereby appointed be needed within 25 days of the election, the City Clerk is authorized to appoint additional certified and qualified election judges. Adopted by the City Council of the City of Lino Lakes this 9th day of October, 2023. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1F STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: Jolleen Chaika, City Clerk October 9, 2023 Resolution 23-104, Approving a New Massage Licenses 3/5 INTRODUCTION The City of Lino Lakes requires a license for massage businesses and massage therapists to operate in the City. BACKGROUND Emilie Krienert has applied for a Massage Enterprise license and a Massage Therapist License. Ms. Krienert will be operating a business, Everyday Kneads, from her home where she will offer professional massage services. Ms. Krienert has also obtained a Home Occupation Certificate from Community Development. A background check was conducted by Lino Lakes Public Safety and no information was obtained which would disqualify Ms. Krienert from obtaining a Massage Enterprise and Massage Therapist license in the City of Lino Lakes. All requisite application requirements have been met and fees have been paid in full. RECOMMENDATION Staff recommends approval of Resolution 23-104, Approving New Massage Enterprise and a Massage Therapist Licenses. ATTACHMENTS Resolution 23-104 1 CITY OF LINO LAKES RESOLUTION NO. 23-104 Approving New Massage Enterprise and a Massage Therapist Licenses WHEREAS, the City of Lino Lakes requires all businesses and therapists offering therapeutic massage services to apply on a city-approved application form for a Massage Enterprise License and a Massage Therapist License; and, WHEREAS, Ms. Emilie Krienert, owner of Everyday Kneads, LLC, has applied for a Massage Enterprise License and a Massage Therapist License in order to offer therapeutic massage services at her home-based business; and, WHEREAS, City staff, including Public Safety, has reviewed the applications 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 Massage Enterprise License and a Massage Therapist License to Emilie Krienert, effective until June 30, 2023 unless cancelled or revoked before that date. Adopted by the City Council of the City of Lino Lakes this 9th day of October, 2023. Rob Rafferty, Mayor ATTEST: Jolleen Chaika, City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: October 9, 2023 TOPIC: Compensation Plan for Paid On-Call Fire Personnel VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to consider Resolution No. 23-108, Amending the Compensation Plan for Paid On-Call Fire Personnel. BACKGROUND In an effort to continue to recruit and retain Paid On-Call Fire personnel, staff recently conducted a market study of the hourly rates of pay for Paid On-Call Fire personnel in the metro area and throughout the state. The study found that on average, Paid On-Call Firefighters were paid a starting wage of $16.04 per hour. The maximum hourly starting wage was $20.25 and the minimum hourly starting wage was $10.59. City Starting Wage Top Wage Apple Valley $18.05 $18.05 Brainerd $18.79 $21.79 Centennial Fire $13.25 $13.25 Chaska* $16.75 $26.56 Columbia Heights* $10.59 $16.50 Elk River $15.62 $18.62 Faribault $15.26 $17.67 Forest Lake* $20.25 $23.25 Hastings * $16.92 $16.92 Hopkins* $17.15 $17.15 Hugo $15.90 $28.50 Lake Elmo $16.35 $18.68 Lino Lakes $15.00 $18.29 Minnetonka $15.51 $18.74 New Brighton* $17.60 $17.60 Plymouth $13.44 $16.48 Roseville $17.39 $17.39 St. Anthony $14.86 $14.86 2 Average $16.04 $18.91 Max $20.25 $28.50 Min $10.59 $13.25 *Keystone Compensation Plan Peer Group City At the October 2, 2023 Work Session, staff presented the results of the data obtained and recommended an increase in the starting hourly rate of pay from the current $15 per hour to $17.50 per hour. Upon completion of every five years of service, Paid On-Call Firefighters would receive an additional increase in their hourly rate of pay of $1.50. If approved, it was also recommended that Paid On-Call Fire personnel be eligible for the annual Cost of Living Adjustment (COLA) approved as part of the Compensation Plan for non-union employees. Staff’s recommendation presented at the October 2, 2023 Work Session is summarized in the following table: Option A Starting Wage Upon Completion of 5 Years of Service Upon Completion of 10 Years of Service Upon Completion of 15 Years of Service Upon Completion of 20 Years of Service 2023 $ 17.50 $ 19.00 $ 20.50 $ 22.00 $ 23.50 2024 $ 18.16 $ 19.71 $ 21.27 $ 22.83 $ 24.38 The recommended increase in the starting hourly wage is 9% over the researched average starting hourly rate of pay. The 2024 budget impact of the staff recommendation is approximately $17,650 which is already accounted for within the proposed contingency budget. After much discussion, the Council directed staff to prepare alternatives to the staff recommendation, including an option with a starting wage of $19 per hour, in which upon completion of every five years of service, POC personnel would receive an additional increase in their hourly rate of pay of $1 per hour, and an option with a starting wage of $21 per hour, in which upon completion of every five years of service, POC personnel would receive an additional increase in their hourly rate of pay of $1.50 per hour. Both options are summarized below: Option B Starting Wage Upon Completion of 5 Years of Service Upon Completion of 10 Years of Service Upon Completion of 15 Years of Service Upon Completion of 20 Years of Service 2023 $ 19.00 $ 20.00 $ 21.00 $ 22.00 $ 23.00 2024 $ 19.71 $ 20.75 $ 21.79 $ 22.83 $ 23.86 3 Option C Starting Wage Upon Completion of 5 Years of Service Upon Completion of 10 Years of Service Upon Completion of 15 Years of Service Upon Completion of 20 Years of Service 2023 $ 21.00 $ 22.50 $ 24.00 $ 25.50 $ 27.00 2024 $ 21.79 $ 23.34 $ 24.90 $ 26.46 $ 28.01 Finally, staff has prepared a fourth option for consideration that attempts to capture the discussion of the Council in one comprehensive plan: Option D Starting Wage Upon Completion of 5 Years of Service Upon Completion of 10 Years of Service Upon Completion of 15 Years of Service 2023 $ 19.00 $ 21.00 $ 23.00 $ 25.00 2024 $ 19.71 $ 21.79 $ 23.86 $ 25.94 RECOMMENDATION Staff is recommending consideration of Resolution No. 23-108, Amending the Compensation Plan for Paid On-Call Fire Personnel. ATTACHMENTS October 2, 2023 Work Session Staff Report - Agenda Item 7 CITY OF LINO LAKES RESOLUTION NO. 23-108 RESOLUTION AMENDING THE COMPENSATION PLAN FOR PAID ON-CALL FIRE PERSONNEL WHEREAS, the City of Lino Lakes has integrated fire services into the Public Safety Department; and WHEREAS, the wages and compensation of paid on-call fire personnel are a vital component of an effective recruitment and retention program; and WHEREAS, the City of Lino Lakes values a professional and engaged workforce; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the City hereby amends the compensation plan for paid on-call fire personnel, effective October 22, 2023: INSERT APPROVED COMPENSATION PLAN HERE BE IT FURTHER RESOLVED that paid on-call fire personnel will be eligible for an annual cost of living (COLA) adjustment approved as part of the compensation plan for non-union employees. Adopted by the Council of the City of Lino Lakes this 9th day of October, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 7 STAFF ORGINATOR: Meg Sawyer, Human Resources and Communications Manager DATE OF WORK SESSION: October 2, 2023 TOPIC: Paid On-Call Fire Compensation Plan ______________________________________________________________________________ BACKGROUND In 2014, the City Council adopted Resolution No. 14-61, which established the compensation plan for Paid On-Call fire personnel. In 2016, the City Council adopted Resolution No. 16-97, which amended the compensation plan for Paid On-Call fire personnel, specifically the pre-service training hourly rate. At the time, this rate was below minimum wage. The League of Minnesota Cities issued guidance in 2017 that Paid On-Call Firefighter wages were not subject to the minimum wage law. In 2021, the City Council adopted Resolution No. 21-84, which amended the compensation plan for Paid On-Call Fire personnel. Resolution No. 21-84, requires staff to review the compensation plan for Paid On-Call Fire personnel on a biennial basis (every two years) and the City Council to consider whether an amendment to the plan is warranted. The current compensation plan for Paid On-Call Fire personnel is as follows: 2020 Hourly Wage 2021 Hourly Wage Starting Wage $10.50 $15.00 Upon Completion of 5 Years of Service $13.50 $16.50 Upon Completion of 10 Years of Service $14.00 $17.08 Upon Completion of 15 Years of Service $14.50 $17.68 Upon Completion of 20 Years of Service $15.00 $18.29 In addition to the hourly compensation outlined above, all Paid-On Call Firefighters are enrolled in the Statewide Volunteer Firefighters (SVF) pension plan that is administered by the Public Employees Retirement Association (PERA). The Lino Lakes Paid-On Call pension plan benefit level per year of service is $7,000. This benefit level is the third highest benefit level of the 206 fire departments enrolled in the SVF pension plan. Lino Lakes Paid-On Call Firefighters are partially vested after 5 years of service and fully vested after 20 years of service. Attached to this report 2 are documents from PERA with details on the SVF pension plan and list of fire departments that participate in the SVF pension plan. When Paid-On Call Firefighters are hired and do not have the required Firefighter 1, Firefighter 2, & Hazardous Materials Awareness certifications, the City provides this training through the Anoka County Fire Academy. While the Paid-On Call Firefighter is attending the Anoka County Fire Academy they are not paid an hourly wage but are compensated with $1,200 stipend upon completion and certification of Firefighter 1 and second stipend of $1,400 upon completion and certification of Firefighter 2 and Hazardous Materials. It should be noted that during this preservice training time, Paid-On Call Firefighters are eligible to respond to calls for service as a Probationary Firefighter and receive the starting hourly wage for response to fire calls for service. Lino Lakes Paid-On Call Firefighters that are assigned to serve as Paid-On Call Fire Lieutenant are paid a stipend of $225 per month and those assigned to serve as Paid-On Call District Chief are paid a stipend of $300 per month. There are two Paid-On Call Fire Lieutenants assigned to each fire station and one Paid-On Call District Chief assigned to each fire station. In an effort to continue to recruit and retain Paid On-Call Fire personnel, staff has recently conducted another market study of the hourly rates of pay for Paid On-Call Fire personnel in the metro area and throughout the state. The study found that on average, Paid On-Call Firefighters were paid a starting wage of $16.04 per hour. The maximum hourly starting wage was $20.25 and the minimum hourly starting wage was $10.59. City Starting Wage Top Wage Apple Valley $18.05 $18.05 Brainerd $18.79 $21.79 Centennial Fire $13.25 $13.25 Chaska* $16.75 $26.56 Columbia Heights* $10.59 $16.50 Elk River $15.62 $18.62 Faribault $15.26 $17.67 Forest Lake* $20.25 $23.25 Hastings * $16.92 $16.92 Hopkins* $17.15 $17.15 Hugo $15.90 $28.50 Lake Elmo $16.35 $18.68 Lino Lakes $15.00 $18.29 Minnetonka $15.51 $18.74 New Brighton* $17.60 $17.60 Plymouth $13.44 $16.48 Roseville $17.39 $17.39 St. Anthony $14.86 $14.86 3 Average $16.04 $18.91 Max $20.25 $28.50 Min $10.59 $13.25 *Keystone Compensation Plan Peer Group City Based on this research, staff is recommending an increase in the starting hourly rate of pay from the current $15.00 to $17.50. Upon completion of every five years of service, Paid On-Call Firefighters would receive an additional increase in their hourly rate of pay of $1.50. The recommended increase in the starting hourly wage is 9% over the researched average starting hourly rate of pay. Current Hourly Wage Recommended Hourly Wage Starting Wage $15.00 $17.50 Upon Completion of 5 Years of Service $16.50 $19.00 Upon Completion of 10 Years of Service $17.08 $20.50 Upon Completion of 15 Years of Service $17.68 $22.00 Upon Completion of 20 Years of Service $18.29 $23.50 If approved, staff is also recommending that Paid On-Call Fire personnel be eligible for the annual Cost of Living Adjustment (COLA) approved as part of the Compensation Plan for non-union employees. The 2024 budget impact of the proposed amendments is approximately $17,650 which is already accounted for within the proposed contingency budget. REQUESTED COUNCIL DIRECTION Staff is seeking Council direction to move forward with implementing an amended compensation plan for Paid On-Call Firefighters. If approved, staff will request formal Council approval at the October 9, 2023, City Council meeting with an effective date of October 22, 2023. ATTACHMENTS No. 14-61 No. 21-84 PERA Statewide Volunteer Firefighters Plan Retirement Benefits MN Statewide Volunteer Firefighter Pension Funding Report CITY OF LINO LAKES RESOLUTION NO. 14-61 RESOLUTION ESTABLISHING COMPENSATION PLAN FOR PAID ON-CALL FIRE PERSONNEL WHEREAS, the City of Lino Lakes has decided to integrate fire services into the Public Safety Department; and WHEREAS, the wages and compensation of paid on-call fire personnel is a vital component of an effective recruitment and retention program; and WHEREAS, the City of Lino Lakes values a professional and engaged workforce. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the city does hereby establish the compensation plan for paid on-call fire personnel as follow: Firefighter Per Hour Wage Pre -service training; Calls only not paid for hours in pre - service training 9.00 Upon completion of basic fire training 10. 50 Upon completion of EMT 12.00 Upon completion of 5 years of service 13.50 Upon completion of 10 years of service 14.00 Upon completion of 15 years of service 14.50 Upon completion of 20 years of service 15.00 Fire Command / Officer Monthly Stipend Fire Lieutenant 225.00 Station Chief / Deputy Chief 300.00 Adopted by the City Council of the City of Lino Lakes this 23rd day of June 2014. The motion for the adoption ofthe foregoing resolution was introduced by Council MemberKustermanandwasdulysecondedbyCouncilMemberanduponvote being taken thereon, the following voted in favor thereof: Kusterman, Roeser, Rafferty, Stoesz, REinert The following voted against same: none I 1... Jeff Reinert, or ATTEST: Ju ne Bartell, City C1$rk CITY OF LINO LAKES RESOLUTION NO. 16- 97 RESOLUTION AMENDING THE COMPENSATION PLAN FOR PAID ON-CALL FIRE PERSONNEL WHEREAS, the City of Lino Lakes has integrated fire services into the Public Safety Department; and WHEREAS, the wages and compensation of paid on-call fire personnel is a vital component of an effective recruitment and retention program; and WHEREAS, Resolution No. 14-61 established the compensation for paid on-call fire personnel; and WHEREAS, due to changes in the minimum wage law, the pre -service training hourly rate needs to be increased to be in compliance with state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the City hereby amends the compensation plan for paid on-call fire personnel, effective August 1, 2016: Fire Fighter Per Hour Wage For calls during pre -service training 9. 50 Upon completion of the basic fire training (FFI &FFII) 10.50 Upon completion of EMT 12.00 Upon completion of 5 years of service 13.50 Upon completion of 10 years of service 14.00 Upon completion of 15 years of service 14.50 Upon completion of 20 years of service 15.00 Fire Command/ Officer Monthly Stipend Fire Lieutenant 225.00 Station Chief/ Deputy Chief 300.00 Adopted by the City Council of the City of Lino Lakes this 25th day of July 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Kusterman The following voted against same: none AT I'EST: e Bartell, Ci Cler JeffReinert, Ma • r 1 of 58.1.23 60 EMPIRE DRIVE, SUITE 200, ST. PAUL, MN 55103-2088 1.800.652.9026 | 651.296.7460 | mnpera.org STATEWIDE VOLUNTEER FIREFIGHTER (SVF) PLAN The SVF Plan is a Defined Benefit Plan (DBP), however, unlike other DBPs PERA administers, the retirement benefit is a one- time, lump-sum amount. A volunteer firefighter’s SVF Plan retirement benefit is based on their certified years of service, vesting status, and the benefit level in effect for their fire department at the time they separate from service. A fire department’s SVF Plan benefit level is the dollar amount corresponding to each year of a volunteer firefighter’s certified service. SVF PLAN BENEFIT LEVEL RANGE The SVF Plan currently offers benefit levels ranging from $500 to $15,000 per year of credited service. This range is subject to statutory change. Benefit levels are set in $100 increments. WHO SETS A FIRE DEPARTMENT’S BENEFIT LEVEL IN THE SVF PLAN? The fire department’s governing body sets the benefit level in the SVF Plan for their volunteer firefighters. The governing body can elect to approve an increase in the fire department’s benefit level once per year. Benefit level increases approved in a given year are effective on January 1 of the next year. At any time, either the fire chief or governing body representative(s) may request that PERA provide a cost analysis showing the estimated cost of increasing the fire department’s benefit level under the SVF Plan. PERA’s cost analysis is intended to help the fire chief and governing body determine whether and the extent to which a benefit level increase is appropriate for their fire department. For step-by-step instructions on how to increase a fire department’s benefit level, see the guidance in Consider Increasing the Benefit Level for My Fire Department. SVF PLAN VESTING SCHEDULES A volunteer firefighter’s vesting percentage represents the extent (in a percentage) to which they are entitled to a future retirement benefit under the SVF Plan. A volunteer firefighter’s years of service determine their vesting percentage. If the fire department joined the SVF Plan effective prior to January 1, 2023, the following vesting schedule applies: SVF Plan Retirement Benefits Years of Service 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Vested %40%44%48%52%56%60%64%68%72%76%80%84%88%92%96%100% VESTING SCHEDULE 1 Years of Service 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Vested %40%44%48%52%56%60%64%68%72%76%80%84%88%92%96%100% Years of Service 5 6 7 8 9 10 Vested %40%52%64%76%88%100% VESTING SCHEDULE 2 If the fire department joined the SVF Plan effective January 1, 2023 or later, the department selected one of the following vesting schedules: Years of Service 10 11 12 13 14 15 16 17 18 19 20 Vested %40%46%52%58%64%70%76%82%88%94%100% VESTING SCHEDULE 3 2 of 58.1.23 60 EMPIRE DRIVE, SUITE 200, ST. PAUL, MN 55103-2088 1.800.652.9026 | 651.296.7460 | mnpera.org STATEWIDE VOLUNTEER FIREFIGHTER (SVF) PLAN SVF PLAN RETIREMENT BENEFIT CALCULATION The SVF Plan retirement benefit is calculated according to the volunteer firefighter’s certified years of service, vesting status, and the benefit level in effect for their fire department at the time they separate from service. Specifically, the retirement benefit is calculated as: [Years of Service x Benefit $ Level x Vested % = $ Retirement Benefit] The terms in the calculation shown above have the following definitions: • Years of Service: Certified service at time of separation from service. The SVF Plan retirement benefit calculation rounds service credits downward to the whole year, meaning, for example, that if a volunteer firefighter serves for 19 years and 11 months, the benefit calculation factors in 19 years of service (no months). • Benefit $ Level: Annual benefit level (in dollars) per year of service in effect at the time of separation from service. • Vested Percentage: The extent to which the SVF Plan member has vested their benefit, expressed as a percentage (out of 100%). A SVF Plan member’s vested percentage corresponds to the number of years of certified service they have ren-dered. The member’s vested percentage increases as their certified years of service increase, until 100% vesting is reached per the applicable fire department’s vesting schedule. To determine a SVF Plan member’s years of service for vesting purpos- es, PERA counts their certified, non-concurrent volunteer firefighter service rendered at any fire department in the state of Minnesota (regardless of the fire department’s participation in the SVF Plan). Vested Percentage Determination Example: • A volunteer firefighter serves for 3 years at the Green Fire Department and then subsequently serves for 10 years at the Red Fire Department. The Red Fire Department participates in the SVF Plan, and the Green Fire Department does not. • Upon separating from service with the Red Fire Department, the volunteer firefighter has, for vesting purposes, 13 total years of service: [3 years at Green Fire Department + 10 years at Red Fire Department] = 13 years • The Red Fire Department follows the vesting schedule shown below: • The volunteer firefighter’s vested percentage with the Red Fire Department is 72%, which is the vested percentage corre- sponding to 13 years of service. Retirement Benefit Example 1: Fully Vested • 50-year old volunteer firefighter separates from service after serving 20 years • Fire department’s benefit level at the time the volunteer firefighter separates from service is $1,000 • Fire department’s vesting schedule starts at 40% after 5 years of service, increasing by 4% each subsequent year until 100% vesting is reached after 20 years of service [20 years x $1,000 x 100%] = $20,000 retirement benefit Years of Service 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Vested %40%44%48%52%56%60%64%68%72%76%80%84%88%92%96%100% 3 of 58.1.23 60 EMPIRE DRIVE, SUITE 200, ST. PAUL, MN 55103-2088 1.800.652.9026 | 651.296.7460 | mnpera.org STATEWIDE VOLUNTEER FIREFIGHTER (SVF) PLAN Retirement Benefit Example 2: Partially Vested • 50-year old volunteer firefighter separates from service after serving 10 years • Fire department’s benefit level at the time the volunteer firefighter separates from service is $1,000 • Fire department’s vesting schedule starts at 40% after 5 years of service, increasing by 4% each subsequent year until 100% vesting is reached after 20 years of service [10 years x $1,000 x 60%] = $6,000 retirement benefit Retirement Benefit Example 3: Partially Vested with Some Months of Service • 50-year old volunteer firefighter separates from service after serving 19 years and 11 months* • Fire department’s benefit level at the time the volunteer firefighter separates from service is $1,000 • Fire department’s vesting schedule starts at 40% after 5 years of service, increasing by 4% each subsequent year until 100% vesting is reached after 20 years of service [19 years x $1,000 x 96%] = $18,240 retirement benefit * The SVF Plan retirement benefit calculation rounds service credits downward to the whole year. Retirement Benefit Example 4: Not Vested • 50-year old volunteer firefighter separates from service after serving 4 years • Fire department’s benefit level at the time the volunteer firefighter separates from service is $1,000 • Fire department’s vesting schedule starts at 40% after 5 years of service, increasing by 4% each subsequent year until 100% vesting is reached after 20 years of service [4 years x $1,000 x 0%] = $0 retirement benefit Retirement Benefit Example 5: Partially Vested with Service at Multiple Fire Departments* • 50-year old volunteer firefighter separates from service after serving 3 years at the Green Fire Department and subse- quently serving 10 years at the Red Fire Department. The Red Fire Department participates in the SVF Plan, and the Green Fire Department does not. • The Red Fire Department’s benefit level at the time the volunteer firefighter separates from service is $1,000 • The Red Fire Department’s vesting schedule starts at 40% after 5 years of service, increasing by 4% each subsequent year until 100% vesting is reached after 20 years of service [10 years x $1,000 x 72%] = $7,200 retirement benefit paid by the Red Fire Department * The benefit calculation in this example is based on (1) the 10 years of service rendered at the Red Fire Department, (2) the $1,000 benefit level in effect for the Red Fire Department, and (3) the vested percentage achieved with 13 years of total service rendered between the Green (3 years) and Red (10 years) Fire Departments. 4 of 58.1.23 60 EMPIRE DRIVE, SUITE 200, ST. PAUL, MN 55103-2088 1.800.652.9026 | 651.296.7460 | mnpera.org STATEWIDE VOLUNTEER FIREFIGHTER (SVF) PLAN Retirement Benefit Example 6: Partially Vested with Service at Multiple Fire Departments* • 50-year old volunteer firefighter separates from service after serving 3 years at the Green Fire Department, then 10 years at the Red Fire Department, and then 5 years at the Blue Fire Department. The Red and Blue Fire Departments participate in the SVF Plan, and the Green Fire Department does not. • The Red Fire Department’s benefit level at the time the volunteer firefighter separates from service with the Red Fire De- partment is $1,000 • The Blue Fire Department’s benefit level at the time the volunteer firefighter separates from service with the Blue Fire Department is $2,000 • The Red and Blue Fire Departments both have vesting schedules starting at 40% after 5 years of service, increasing by 4% each subsequent year until 100% vesting is reached after 20 years of service. [10 years x $1,000 x 72%] = $7,200 retirement benefit paid by the Red Fire Department [5 years x $2,000 x 92%] = $9,200 retirement benefit paid by the Blue Fire Department * The vested percentage achieved with 13 years of total service rendered between the Green (3 years) and Red (10 years) Fire De- partments is 72% according to the Red Fire Department’s vesting schedule. The vested percentage achieved with 18 years of total service rendered between the Green (3 years), Red (10 years), and Blue (5 years) Fire Departments is 92% according to the Blue Fire Department’s vesting schedule. TAXABILITY OF SVF PLAN BENEFITS Unless the SVF Plan member or survivor elects different tax treatment on their benefit application form, PERA automatically withholds applicable federal and Minnesota state income taxes from the gross, lump-sum amount of the SVF Plan benefit. PERA does not withhold income tax for any state other than Minnesota. The SVF Plan member or survivor may elect to roll their benefit over to another tax-qualified retirement account with no federal or Minnesota state taxes withheld. For additional details on how your SVF Plan retirement benefit or survivor benefit will be taxed (including the applicable tax rates), see the SVF Plan Retirement Benefit Application or SVF Plan Survivor Benefit Application. DEFERRED SVF PLAN RETIREMENT BENEFITS For firefighters who defer their retirement benefit AFTER the fire department joins the SVF Plan: No interest is earned on benefits deferred under the SVF Plan. When the firefighter eventually collects their deferred retirement benefit, the lump-sum amount is calculated as: [Years of Service x Benefit $ Level effective at time of deferral x Vested % = $ Retirement Benefit] For firefighters who defer their retirement benefit BEFORE the fire department joins the SVF Plan: If a firefighter deferred their benefit prior to the fire department joining the SVF Plan, the rules of the relief association will apply to the calculation of their benefit. In other words, PERA will calculate the firefighter’s retirement benefit according to the relief association’s vesting require- ments, benefit level, interest earnings, and retirement age applicable at the time the firefighter deferred. SUPPLEMENTAL BENEFITS In addition to a lump-sum retirement benefit, the SVF Plan provides volunteer firefighters with a one-time cash supplemental ben-efit, equivalent to that outlined in Minnesota Statutes 424A.10. PERA applies for reimbursement of these supplemental benefits from the Minnesota Department of Revenue and deposits the reimbursement into the fire department’s SVF Plan account. 5 of 58.1.23 60 EMPIRE DRIVE, SUITE 200, ST. PAUL, MN 55103-2088 1.800.652.9026 | 651.296.7460 | mnpera.org STATEWIDE VOLUNTEER FIREFIGHTER (SVF) PLAN SURVIVOR BENEFITS SVF Plan members do not specify their survivor beneficiaries. Instead, the succession of SVF Plan survivor beneficiaries is set in state statute. PERA pays the applicable SVF Plan survivor benefit to the surviving spouse of the deceased volunteer firefighter. If no spouse exists, PERA pays the benefit to the volunteer firefighter’s minor children. If no spouse or minor children exist, the de-ceased volunteer firefighter’s estate receives the benefits. The survivor benefit amount is equal to the retirement benefit that would have been payable to the firefighter at age 50 based on their service credit earned as of the date of death. APPLY FOR AN SVF PLAN RETIREMENT BENEFIT OR SURVIVOR BENEFIT For instructions on how to apply for a SVF Plan benefit, see the guidance provided in Apply for a Retirement Benefit or Survivor Benefit. SVF PLAN MONTHLY BENEFIT DIVISION The SVF Plan is designed to pay a lump-sum retirement benefit, rather than to pay annuities on a monthly basis. However, PERA can administer the pension for fire departments that currently pay monthly benefits to their volunteer firefighters. Eligibility for monthly benefits is based on the fire department’s pension plan document. The application for monthly benefits is available from the department’s fire chief rather than PERA. Firefighters work directly with the department’s fire chief to apply for monthly benefits. DISABILITY BENEFITS The SVF Plan does not currently provide disability benefits. The following data contains some elements of the Annual Funding Reports PERA prepares and distributes annually by August 1 to each fire department participating in the Statewide Volunteer Firefighter (SVF) Plan. The Annual Funding Report details the fire department’s SVF Plan funding status and any required contribution for the following year. Please exercise caution when using this data to draw conclusions or make decisions about a fire depart- ment’s benefit level. Users should contact PERA at PERASVF@mnpera.org to understand the impact of potential changes to the fire department’s SVF Plan benefit level. DATA COMPILATION OF STATEWIDE VOLUNTEER FIREFIGHTER PLAN ANNUAL FUNDING REPORTS Member: 651.296.7460 or 1.800.652.9026 Employer: 651.296.3636 or 1.888.892.737260 Empire Drive, Suite 200 St. Paul, MN 55103-2088 mnpera.org Fire Department SVF Plan Membership Date Benefit Level per Year of Service AMOUNTS PROJECTED TO 12/31/2023 COMPONENTS OF ANNUAL FINANCIAL REQUIREMENT Annual Financial Requirement REDUCTIONS TO ANNUAL FINANCIAL REQUIREMENT Total Reductions to Annual Financial Requirement Required Contribution Due 12/31/2024 Present Value of Assets Accrued Liability Surplus or (Deficit)Funding Ratio Increase in Lia-bility Between 12/31/2023 and 12/31/2024 Administrative Fees One-tenth Deficit/(Surplus) Fire State Aid Supplemental State Aid 6% Assumed Interest A B (A - B)(A / B)C D E (C + D + E)F G H (F + G + H) Alborn (Township)01/01/2010 $1,200 $206,109 $152,653 $53,456 135%$17,399 $660 $(5,346)$12,713 $(11,661)$(2,197)$(12,367)$(26,225) None DeGraff (City)01/01/2010 $500 $111,469 $59,507 $51,962 187%$7,875 $510 $(5,196)$3,189 $(6,108)$(1,151)$(6,688)$(13,947) None Manchester (Firefighting Corp)01/01/2010 $2,300 $319,623 $318,703 $921 100%$33,164 $450 $(92)$33,521 $(8,885)$(1,674)$(19,177)$(29,736)$3,785 North Star (Township)01/01/2010 $500 $156,455 $93,518 $62,937 167%$8,598 $720 $(6,294)$3,024 $(8,885)$(1,674)$(9,387)$(19,946) None Ottertail (City)01/01/2010 $1,500 $756,394 $537,309 $219,085 141%$29,078 $750 $(21,909)$7,920 $(20,325)$(3,829)$(45,384)$(69,538) None Twin Valley (City)01/01/2010 $1,300 $384,826 $291,854 $92,972 132%$28,321 $1,020 $(9,297)$20,044 $(11,661)$(2,197)$(23,090)$(36,948) None Alden (City)01/01/2011 $1,200 $305,306 $333,166 $(27,860)92%$24,902 $840 $2,786 $28,528 $(13,327)$(2,511)$(18,318)$(34,156) None Biwabik (Township)01/01/2011 $1,600 $362,236 $301,247 $60,989 120%$19,807 $510 $(6,099)$14,218 $(10,551)$(1,988)$(21,734)$(34,273) None Buyck (Firefighting Corp)01/01/2011 $1,000 $187,506 $127,869 $59,637 147%$15,657 $810 $(5,964)$10,504 $(6,664)$(1,255)$(11,250)$(19,169) None Crane Lake (Firefighting Corp)01/01/2011 $1,000 $261,510 $209,764 $51,746 125%$17,695 $630 $(5,175)$13,150 $(5,553)$(1,046)$(15,691)$(22,290) None Elbow Tulaby Lakes (Firefight-ing Corp)01/01/2011 $1,500 $154,631 $97,412 $57,219 159%$11,515 $270 $(5,722)$6,063 $(7,774)$(1,465)$(9,278)$(18,517) None Emmons (City)01/01/2011 $1,000 $529,443 $274,300 $255,143 193%$17,967 $810 $(25,514)$(6,737)$(10,551)$(1,988)$(31,767)$(44,305) None Grand Marais (City)01/01/2011 $2,300 $494,635 $407,721 $86,915 121%$35,829 $660 $(8,691)$27,798 $(19,974)$(3,763)$(29,678)$(53,416) None Lakeland (Firefighting Corp)01/01/2011 $1,500 $568,906 $559,890 $9,016 102%$33,563 $870 $(902)$33,531 $(9,440)$(1,779)$(34,134)$(45,353) None Lexington (City)01/01/2011 $5,000 $613,468 $666,484 $(53,016)92%$63,191 $840 $5,302 $69,332 $(12,305)$(2,318)$(36,808)$(51,431)$17,901 Lutsen (Township)01/01/2011 $2,000 $366,520 $329,839 $36,681 111%$24,813 $540 $(3,668)$21,685 $(14,395)$(2,712)$(21,991)$(39,098) None Scandia (City)01/01/2011 $3,500 $942,614 $885,248 $57,366 106%$76,887 $930 $(5,737)$72,080 $(36,076)$(6,797)$(56,557)$(99,430) None Warba - Feeley - Sago (City/ Twp) 01/01/2011 $1,500 $365,524 $271,948 $93,576 134%$18,532 $600 $(9,358)$9,775 $(10,551)$(1,988)$(21,931)$(34,470) None Brandon (City)01/01/2012 $1,600 $496,343 $555,540 $(59,197)89%$36,671 $960 $5,920 $43,550 $(15,066)$(2,838)$(29,781)$(47,685) None Breitung (Township)01/01/2012 $2,500 $531,720 $643,013 $(111,292)83%$49,308 $720 $11,129 $61,157 $(12,217)$(2,302)$(31,903)$(46,421)$14,736 Carsonville (Township)01/01/2012 $2,000 $447,276 $386,259 $61,017 116%$39,692 $930 $(6,102)$34,521 $(18,625)$(3,509)$(26,837)$(48,970) None Colvill (Firefighting Corp)01/01/2012 $1,400 $183,536 $201,743 $(18,207)91%$14,083 $480 $1,821 $16,384 $(7,774)$(1,465)$(11,012)$(20,251) None Ellsburg (Firefighting Corp)01/01/2012 $900 $206,541 $145,806 $60,735 142%$17,097 $780 $(6,074)$11,804 $(3,887)$(732)$(12,392)$(17,011) None Embarrass Region (Firefighting Corp)01/01/2012 $1,000 $340,704 $206,348 $134,356 165%$14,368 $780 $(13,436)$1,712 $(7,497)$(1,412)$(20,442)$(29,351) None Hardwick (City)01/01/2012 $1,100 $276,750 $210,213 $66,537 132%$16,256 $690 $(6,654)$10,292 $(10,861)$(2,046)$(16,605)$(29,512) None Lester Prairie (City)01/01/2012 $1,500 $593,424 $706,844 $(113,419)84%$43,904 $1,020 $11,342 $56,266 $(16,678)$(3,142)$(35,605)$(55,426)$840 McKinley (Firefighting Corp)01/01/2012 $600 $197,457 $67,432 $130,025 293%$4,483 $390 $(13,003)$(8,130)$(7,774)$(1,465)$(11,847)$(21,086) None Normanna (Township)01/01/2012 $900 $142,245 $62,330 $79,915 228%$9,856 $630 $(7,991)$2,495 $(6,664)$(1,255)$(8,535)$(16,454) None Palo (Firefighting Corp)01/01/2012 $2,100 $461,655 $546,828 $(85,173)84%$36,876 $600 $8,517 $45,993 $(12,217)$(2,302)$(27,699)$(42,217)$3,776 Pennock (Joint Power Entity)01/01/2012 $1,400 $562,504 $401,834 $160,670 140%$26,855 $930 $(16,067)$11,718 $(15,110)$(2,847)$(33,750)$(51,706) None Pequaywan Lake (Firefighting Corp)01/01/2012 $1,000 $159,904 $173,375 $(13,471)92%$16,377 $570 $1,347 $18,294 $(7,219)$(1,360)$(9,594)$(18,173)$121 Scandia Valley (Township)01/01/2012 $3,000 $594,245 $751,843 $(157,598)79%$59,794 $750 $15,760 $76,304 $(15,455)$(2,912)$(35,655)$(54,022)$22,282 Sunburg (City)01/01/2012 $500 $359,237 $204,881 $154,356 175%$13,150 $870 $(15,436)$(1,416)$(12,772)$(2,406)$(21,554)$(36,732) None Tower (City)01/01/2012 $1,000 $285,467 $92,260 $193,207 309%$3,777 $600 $(19,321)$(14,944)$(8,329)$(1,569)$(17,128)$(27,027) None Willmar (City)01/01/2012 $6,000 $2,057,202 $1,916,029 $141,173 107%$175,582 $1,380 $(14,117)$162,845 $(113,690)$(21,419)$(123,432)$(258,542) None Fire Department SVF Plan Membership Date Benefit Level per Year of Service AMOUNTS PROJECTED TO 12/31/2023 COMPONENTS OF ANNUAL FINANCIAL REQUIREMENT Annual Financial Requirement REDUCTIONS TO ANNUAL FINANCIAL REQUIREMENT Total Reductions to Annual Financial Requirement Required Contribution Due 12/31/2024 Present Value of Assets Accrued Liability Surplus or (Deficit)Funding Ratio Increase in Lia-bility Between 12/31/2023 and 12/31/2024 Administrative Fees One-tenth Deficit/(Surplus) Fire State Aid Supplemental State Aid 6% Assumed Interest A B (A - B)(A / B)C D E (C + D + E)F G H (F + G + H) Albert Lea (City)01/01/2013 $4,000 $860,413 $342,039 $518,374 252%$40,522 $690 $(51,837)$(10,625) Allocated; Combined FD $(17,678)$(51,625)$(69,303) None Ashby (City)01/01/2013 $1,300 $660,971 $495,287 $165,684 133%$31,663 $870 $(16,568)$15,965 $(15,139)$(2,852)$(39,658)$(57,649) None Canby (City)01/01/2013 $2,700 $744,840 $617,457 $127,383 121%$52,604 $990 $(12,738)$40,856 $(23,033)$(4,339)$(44,690)$(72,062) None Clifton(Firefighting Corp)01/01/2013 $2,700 $743,825 $660,872 $82,953 113%$59,513 $1,020 $(8,295)$52,238 $(14,354)$(2,704)$(44,630)$(61,688) None Dalbo(Firefighting Corp)01/01/2013 $1,800 $544,323 $395,465 $148,858 138%$31,427 $840 $(14,886)$17,381 $(15,429)$(2,907)$(32,659)$(50,995) None Dent (City)01/01/2013 $1,800 $428,066 $386,801 $41,265 111%$31,474 $810 $(4,127)$28,158 $(25,831)$(4,867)$(25,684)$(56,382) None Echo (City)01/01/2013 $1,200 $361,406 $303,887 $57,518 119%$16,562 $540 $(5,752)$11,350 $(9,440)$(1,779)$(21,684)$(32,903) None Fairfax (City)01/01/2013 $3,000 $633,032 $656,740 $(23,708)96%$52,258 $960 $2,371 $55,589 $(19,352)$(3,646)$(37,982)$(60,980) None Federal Dam (Firefighting Corp)01/01/2013 $500 $206,101 $52,779 $153,322 390%$5,316 $510 $(15,332)$(9,506) Withheld by DOR; no Form FA-1 $(12,366)$(12,366) None Fredenberg (Firefighting Corp)01/01/2013 $1,800 $360,218 $399,825 $(39,607)90%$30,954 $750 $3,961 $35,665 $(10,868)$(2,048)$(21,613)$(34,529)$1,136 Gilbert (City)01/01/2013 $1,800 $305,286 $370,644 $(65,358)82%$30,009 $600 $6,536 $37,145 $(11,106)$(2,092)$(18,317)$(31,515)$5,630 Gnesen (Firefighting Corp)01/01/2013 $2,800 $458,490 $628,186 $(169,696)73%$55,029 $810 $16,970 $72,809 $(11,227)$(2,115)$(27,509)$(40,851)$31,957 Grand Lake (Township)01/01/2013 $4,000 $631,553 $495,692 $135,860 127%$51,670 $1,020 $(13,586)$39,104 $(17,021)$(3,207)$(37,893)$(58,121) None Granite Falls (City)01/01/2013 $2,600 $663,427 $758,172 $(94,745)88%$76,338 $1,050 $9,474 $86,863 $(27,303)$(5,144)$(39,806)$(72,253)$14,610 Hovland (Firefighting Corp)01/01/2013 $2,000 $278,197 $261,129 $17,068 107%$34,708 $600 $(1,707)$33,601 $(7,077)$(1,333)$(16,692)$(25,102)$8,499 Industrial (Firefighting Corp)01/01/2013 $1,300 $471,083 $342,986 $128,097 137%$20,015 $600 $(12,810)$7,805 $(8,885)$(1,674)$(28,265)$(38,824) None Lake Bronson (City)01/01/2013 $900 $301,863 $174,610 $127,253 173%$16,152 $840 $(12,725)$4,267 $(13,882)$(2,615)$(18,112)$(34,609) None Le Sueur (City)01/01/2013 $5,300 $1,222,044 $1,321,002 $(98,958)93%$128,503 $810 $9,896 $139,208 $(41,647)$(7,846)$(73,323)$(122,816)$16,392 Mayer (City)01/01/2013 $3,200 $912,591 $1,202,487 $(289,895)76%$84,075 $1,080 $28,990 $114,144 $(16,712)$(3,149)$(54,755)$(74,616)$39,528 Melrose (City)01/01/2013 $3,200 $746,935 $796,072 $(49,137)94%$74,429 $1,110 $4,914 $80,453 $(33,662)$(6,342)$(44,816)$(84,820) None Northome (City)01/01/2013 $700 $198,873 $141,706 $57,167 140%$13,068 $720 $(5,717)$8,071 $(9,440)$(1,779)$(11,932)$(23,151) None Norwood Young America (City)01/01/2013 $3,000 $726,741 $904,770 $(178,029)80%$66,398 $1,020 $17,803 $85,221 $(31,316)$(5,900)$(43,604)$(80,820)$4,400 Osakis (City)01/01/2013 $4,800 $1,052,624 $946,829 $105,794 111%$87,072 $690 $(10,579)$77,183 $(30,312)$(5,711)$(63,157)$(99,180) None Rice Lake (City)01/01/2013 $4,000 $612,330 $594,459 $17,871 103%$73,477 $960 $(1,787)$72,650 $(22,724)$(4,281)$(36,740)$(63,745)$8,905 Shevlin (City)01/01/2013 $1,600 $440,094 $482,501 $(42,407)91%$32,508 $900 $4,241 $37,649 $(8,885)$(1,674)$(26,406)$(36,965)$684 Ulen (City)01/01/2013 $1,200 $464,723 $430,341 $34,382 108%$29,142 $900 $(3,438)$26,604 $(13,327)$(2,511)$(27,883)$(43,721) None Wolf Lake (City)01/01/2013 $1,400 $375,964 $290,492 $85,472 129%$23,171 $870 $(8,547)$15,494 $(14,576)$(2,746)$(22,558)$(39,881) None Barnum (City)01/01/2014 $1,700 $495,069 $447,088 $47,981 111%$35,791 $840 $(4,798)$31,833 $(12,772)$(2,406)$(29,704)$(44,882) None Central Lakes (Firefighting Corp)01/01/2014 $1,600 $138,005 $93,895 $44,110 147%$21,081 $600 $(4,411)$17,270 $(11,106)$(2,092)$(8,280)$(21,478) None Eagle's Nest (Township)01/01/2014 $1,900 $98,117 $90,700 $7,417 108%$20,371 $480 $(742)$20,109 $(7,219)$(1,360)$(5,887)$(14,466)$5,643 Evergreen (Firefighting Corp)01/01/2014 $1,800 $96,146 $81,748 $14,398 118%$13,387 $300 $(1,440)$12,247 $(7,219)$(1,360)$(5,769)$(14,348) None Hewitt (City)01/01/2014 $1,600 $246,396 $227,979 $18,417 108%$17,776 $480 $(1,842)$16,414 $(8,329)$(1,569)$(14,784)$(24,682) None Houston (City)01/01/2014 $1,800 $635,258 $613,064 $22,194 104%$42,556 $900 $(2,219)$41,237 $(17,024)$(3,207)$(38,116)$(58,346) None Linwood (Township)01/01/2014 $3,400 $921,914 $1,003,402 $(81,487)92%$77,927 $960 $8,149 $87,036 $(32,243)$(6,075)$(55,315)$(93,633) None Mahtowa (Township)01/01/2014 $1,800 $345,395 $288,843 $56,552 120%$22,972 $540 $(5,655)$17,857 $(12,217)$(2,302)$(20,724)$(35,243) None Fire Department SVF Plan Membership Date Benefit Level per Year of Service AMOUNTS PROJECTED TO 12/31/2023 COMPONENTS OF ANNUAL FINANCIAL REQUIREMENT Annual Financial Requirement REDUCTIONS TO ANNUAL FINANCIAL REQUIREMENT Total Reductions to Annual Financial Requirement Required Contribution Due 12/31/2024 Present Value of Assets Accrued Liability Surplus or (Deficit)Funding Ratio Increase in Lia-bility Between 12/31/2023 and 12/31/2024 Administrative Fees One-tenth Deficit/(Surplus) Fire State Aid Supplemental State Aid 6% Assumed Interest A B (A - B)(A / B)C D E (C + D + E)F G H (F + G + H) Mountain Iron (City)01/01/2014 $2,500 $563,146 $373,353 $189,793 151%$40,967 $1,080 $(18,979)$23,068 $(15,530)$(2,926)$(33,789)$(52,245) None Oak Grove (City)01/01/2014 $4,500 $1,879,096 $1,995,642 $(116,546)94%$133,064 $1,620 $11,655 $146,338 $(55,762)$(10,506)$(112,746)$(179,014) None Ogilvie (City)01/01/2014 $1,600 $472,225 $478,446 $(6,221)99%$38,018 $930 $622 $39,570 $(18,644)$(3,513)$(28,334)$(50,491) None Porter (City)01/01/2014 $1,750 $640,308 $568,929 $71,378 113%$36,710 $900 $(7,138)$30,473 $(13,327)$(2,511)$(38,418)$(54,256) None Victoria (City)01/01/2014 $4,500 $1,873,777 $1,682,622 $191,155 111%$131,093 $1,620 $(19,115)$113,598 $(84,453)$(15,911)$(112,427)$(212,790) None Waite Park (City)01/01/2014 $4,400 $880,071 $711,942 $168,129 124%$66,472 $780 $(16,813)$50,439 $(47,565)$(8,961)$(52,804)$(109,331) None Aitkin (City)01/01/2015 $3,900 $1,299,728 $1,314,887 $(15,159)99%$96,651 $840 $1,516 $99,007 $(61,135)$(11,518)$(77,984)$(150,636) None Cambridge (City)01/01/2015 $5,800 $1,350,525 $1,615,808 $(265,282)84%$165,225 $960 $26,528 $192,713 $(88,901)$(16,749)$(81,032)$(186,682)$6,031 Center City (City)01/01/2015 $2,300 $539,626 $371,948 $167,679 145%$35,778 $780 $(16,768)$19,790 $(15,263)$(2,876)$(32,378)$(50,516) None Elmore (City)01/01/2015 $1,800 $356,574 $309,938 $46,636 115%$22,706 $480 $(4,664)$18,523 $(7,884)$(1,485)$(21,394)$(30,764) None Goodview (City)01/01/2015 $3,000 $655,007 $936,497 $(281,490)70%$72,576 $1,020 $28,149 $101,745 $(21,435)$(4,038)$(39,300)$(64,773)$36,972 Kettle River (City)01/01/2015 $800 $218,623 $72,730 $145,893 301%$6,411 $510 $(14,589)$(7,668)$(8,885)$(1,674)$(13,117)$(23,676) None Lino Lakes (City)01/01/2015 $7,000 $1,174,620 $740,171 $434,449 159%$111,125 $630 $(43,445)$68,310 $(110,170)$(24,820)$(70,477)$(205,467) None Northland (Firefighting Corp)01/01/2015 $1,250 $134,647 $106,126 $28,521 127%$5,650 $210 $(2,852)$3,008 $(2,776)$(523)$(8,079)$(11,378) None Plato (City)01/01/2015 $2,000 $397,229 $512,560 $(115,331)77%$32,368 $900 $11,533 $44,801 $(13,882)$(2,615)$(23,834)$(40,331)$4,470 Sabin-Elmwood (Firefighting Corp)01/01/2015 $900 $551,153 $337,220 $213,933 163%$20,206 $840 $(21,393)$(347)$(17,682)$(3,331)$(33,069)$(54,082) None Sacred Heart (City)01/01/2015 $1,000 $271,302 $261,235 $10,067 104%$25,038 $870 $(1,007)$24,901 $(13,882)$(2,615)$(16,278)$(32,775) None St. Leo (City)01/01/2015 $1,000 $338,533 $309,462 $29,071 109%$17,863 $600 $(2,907)$15,556 $(9,995)$(1,883)$(20,312)$(32,190) None Waconia (City)01/01/2015 $5,700 $2,310,647 $1,853,040 $457,607 125%$155,047 $1,380 $(45,761)$110,666 $(101,199)$(19,066)$(138,639)$(258,904) None Aurora (City)01/01/2016 $2,000 $395,713 $416,372 $(20,659)95%$34,421 $630 $2,066 $37,117 $(10,697)$(2,015)$(23,743)$(36,455)$663 Belview Fire (City)01/01/2016 $900 $323,796 $285,621 $38,175 113%$17,358 $720 $(3,818)$14,260 $(10,551)$(1,988)$(19,428)$(31,966) None Blomkest (City)01/01/2016 $1,200 $399,926 $198,273 $201,653 202%$8,502 $360 $(20,165)$(11,303)$(13,018)$(2,453)$(23,996)$(39,467) None Brook Park (City)01/01/2016 $1,200 $379,203 $245,208 $133,995 155%$23,860 $720 $(13,400)$11,181 $(9,440)$(1,779)$(22,752)$(33,971) None Clarks Grove (City)01/01/2016 $1,000 $303,225 $235,495 $67,730 129%$18,904 $810 $(6,773)$12,941 $(11,588)$(2,183)$(18,194)$(31,965) None Culver (Township)01/01/2016 $600 $164,792 $69,603 $95,189 237%$7,362 $570 $(9,519)$(1,587)$(6,664)$(1,255)$(9,888)$(17,807) None Delavan (City)01/01/2016 $1,300 $291,144 $230,297 $60,847 126%$25,222 $720 $(6,085)$19,857 $(9,440)$(1,779)$(17,469)$(28,688) None Ely (City)01/01/2016 $2,200 $766,057 $816,611 $(50,554)94%$68,692 $1,260 $5,055 $75,007 $(22,091)$(4,162)$(45,963)$(72,216)$2,791 Forada (City)01/01/2016 $1,900 $743,837 $359,435 $384,402 207%$31,885 $930 $(38,440)$(5,625)$(16,104)$(3,034)$(44,630)$(63,768) None Hill City (City)01/01/2016 $1,200 $316,836 $388,467 $(71,631)82%$23,635 $870 $7,163 $31,668 $(14,438)$(2,720)$(19,010)$(36,168) None Hollandale (City)01/01/2016 $1,000 $180,615 $128,488 $52,127 141%$17,357 $690 $(5,213)$12,834 $(9,625)$(1,813)$(10,837)$(22,275) None Hoyt Lakes (City)01/01/2016 $2,100 $373,137 $360,013 $13,124 104%$35,637 $900 $(1,312)$35,224 $(12,217)$(2,302)$(22,388)$(36,906) None Isanti (Joint Power Entity)01/01/2016 $6,500 $3,190,962 $2,717,514 $473,448 117%$224,652 $1,320 $(47,345)$178,627 $(96,479)$(18,177)$(191,458)$(306,114) None Kelliher (City)01/01/2016 $1,100 $256,258 $303,036 $(46,779)85%$24,701 $780 $4,678 $30,159 $(12,540)$(2,363)$(15,375)$(30,278) None Montrose (City)01/01/2016 $5,000 $1,532,264 $1,585,171 $(52,907)97%$93,463 $1,080 $5,291 $99,834 $(26,916)$(5,071)$(91,936)$(123,923) None Palisade (City)01/01/2016 $1,100 $353,288 $286,038 $67,250 124%$22,761 $810 $(6,725)$16,846 $(11,881)$(2,238)$(21,197)$(35,316) None Parkers Prairie (City)01/01/2016 $1,800 $339,730 $452,295 $(112,565)75%$45,105 $960 $11,257 $57,322 $(15,548)$(2,929)$(20,384)$(38,861)$18,461 Raymond (City)01/01/2016 $1,400 $525,785 $450,084 $75,701 117%$26,443 $720 $(7,570)$19,592 $(14,870)$(2,802)$(31,547)$(49,219) None Silver Lake (City)01/01/2016 $1,400 $317,500 $436,512 $(119,012)73%$32,842 $750 $11,901 $45,493 $(15,571)$(2,934)$(19,050)$(37,555)$7,938 Barrett (City)01/01/2017 $1,300 $271,837 $216,953 $54,884 125%$24,379 $660 $(5,488)$19,551 $(11,661)$(2,197)$(16,310)$(30,168) None Fire Department SVF Plan Membership Date Benefit Level per Year of Service AMOUNTS PROJECTED TO 12/31/2023 COMPONENTS OF ANNUAL FINANCIAL REQUIREMENT Annual Financial Requirement REDUCTIONS TO ANNUAL FINANCIAL REQUIREMENT Total Reductions to Annual Financial Requirement Required Contribution Due 12/31/2024 Present Value of Assets Accrued Liability Surplus or (Deficit)Funding Ratio Increase in Lia-bility Between 12/31/2023 and 12/31/2024 Administrative Fees One-tenth Deficit/(Surplus) Fire State Aid Supplemental State Aid 6% Assumed Interest A B (A - B)(A / B)C D E (C + D + E)F G H (F + G + H) Bricelyn (City)01/01/2017 $1,100 $464,377 $291,998 $172,380 159%$20,666 $720 $(17,238)$4,148 $(9,440)$(1,779)$(27,863)$(39,081) None Browerville (City)01/01/2017 $1,500 $446,801 $317,529 $129,272 141%$30,347 $720 $(12,927)$18,140 $(18,159)$(3,421)$(26,808)$(48,388) None Colvin (Firefighting Corp)01/01/2017 $1,800 $182,545 $102,138 $80,408 179%$16,754 $450 $(8,041)$9,163 $(6,108)$(1,151)$(10,953)$(18,212) None Cosmos (City)01/01/2017 $1,700 $450,437 $367,877 $82,560 122%$29,250 $750 $(8,256)$21,744 $(12,024)$(2,265)$(27,026)$(41,315) None Cottage Grove (City)01/01/2017 $9,100 $4,091,969 $3,002,890 $1,089,079 136%$228,831 $1,680 $(108,908)$121,603 $(230,560)$(43,438)$(245,518)$(519,516) None Crookston (Firefighting Corp)01/01/2017 $4,200 $1,158,298 $1,474,422 $(316,124)79%$94,413 $1,080 $31,612 $127,105 $(31,655)$(5,964)$(69,498)$(107,117)$19,989 French (Township)01/01/2017 $1,000 $279,124 $205,213 $73,911 136%$16,640 $750 $(7,391)$9,999 $(13,327)$(2,511)$(16,747)$(32,585) None Frost (City)01/01/2017 $900 $352,783 $234,252 $118,531 151%$17,503 $600 $(11,853)$6,250 $(10,551)$(1,988)$(21,167)$(33,706) None Geneva (City)01/01/2017 $800 $362,681 $411,333 $(48,652)88%$18,423 $930 $4,865 $24,218 $(12,772)$(2,406)$(21,761)$(36,939) None Greenwood (Township)01/01/2017 $3,000 $611,676 $285,324 $326,352 214%$32,572 $570 $(32,635)$507 $(17,646)$(3,325)$(36,701)$(57,672) None Henning (City)01/01/2017 $1,100 $580,949 $433,201 $147,748 134%$28,363 $900 $(14,775)$14,488 $(17,939)$(3,380)$(34,857)$(56,176) None Hermantown (Firefighting Corp)01/01/2017 $6,200 $2,531,635 $1,658,564 $873,071 153%$101,882 $900 $(87,307)$15,475 $(62,373)$(11,751)$(151,898)$(226,022) None Hitterdal (City)01/01/2017 $800 $369,533 $249,639 $119,894 148%$16,424 $780 $(11,989)$5,215 $(9,995)$(1,883)$(22,172)$(34,050) None Lancaster (City)01/01/2017 $1,100 $278,761 $237,632 $41,128 117%$25,827 $960 $(4,113)$22,674 $(13,327)$(2,511)$(16,726)$(32,564) None Lynd (City)01/01/2017 $1,000 $156,834 $125,419 $31,415 125%$13,782 $510 $(3,142)$11,151 $(6,108)$(1,151)$(9,410)$(16,669) None Mahtomedi (City)01/01/2017 $6,500 $2,378,590 $811,661 $1,566,929 293%$72,724 $780 $(156,693)$(83,189)$(80,379)$(15,144)$(142,715)$(238,238) None McGregor (City)01/01/2017 $3,000 $1,233,829 $1,226,422 $7,407 101%$70,244 $900 $(741)$70,403 $(37,216)$(7,012)$(74,030)$(118,258) None Milaca (City)01/01/2017 $5,000 $1,047,187 $934,197 $112,990 112%$86,544 $990 $(11,299)$76,235 $(50,868)$(9,584)$(62,831)$(123,283) None Newfolden (City)01/01/2017 $600 $265,845 $128,222 $137,623 207%$8,955 $660 $(13,762)$(4,147)$(8,039)$(1,515)$(15,951)$(25,505) None Pickwick (Firefighting Corp)01/01/2017 $1,400 $99,503 $73,990 $25,513 134%$19,012 $660 $(2,551)$17,121 $(12,217)$(2,302)$(5,970)$(20,489) None Pike Sandy Britt (Firefighting Corp)01/01/2017 $1,700 $430,228 $372,953 $57,275 115%$29,665 $630 $(5,728)$24,568 $(10,996)$(2,072)$(25,814)$(38,881) None Solway (Cloquet) (Firefight-ing Corp)01/01/2017 $1,700 $413,192 $189,099 $224,093 219%$13,999 $660 $(22,409)$(7,750)$(11,473)$(2,162)$(24,792)$(38,427) None Solway Rural Beltrami Co (Firefighting Corp) 01/01/2017 $1,500 $242,303 $233,591 $8,712 104%$25,180 $660 $(871)$24,968 $(8,885)$(1,674)$(14,538)$(25,097) None Spring Grove (City)01/01/2017 $1,300 $354,364 $322,470 $31,894 110%$29,161 $1,080 $(3,189)$27,052 $(15,436)$(2,908)$(21,262)$(39,606) None St Francis (City)01/01/2017 $2,900 $1,194,690 $616,146 $578,544 194%$59,965 $900 $(57,854)$3,011 $(44,659)$(8,414)$(71,681)$(124,754) None St Paul Park (City)01/01/2017 $2,900 $1,090,117 $695,579 $394,538 157%$53,985 $870 $(39,454)$15,401 $(31,836)$(5,998)$(65,407)$(103,241) None Stephen (Firefighting Corp)01/01/2017 $1,400 $501,763 $451,602 $50,161 111%$37,867 $960 $(5,016)$33,811 $(14,993)$(2,825)$(30,106)$(47,924) None Vesta (City)01/01/2017 $600 $248,214 $160,477 $87,738 155%$10,414 $570 $(8,774)$2,210 $(11,106)$(2,092)$(14,893)$(28,091) None Winnebago (City)01/01/2017 $1,300 $844,681 $565,600 $279,081 149%$36,007 $1,140 $(27,908)$9,238 $(20,557)$(3,873)$(50,681)$(75,110) None Benson (City)01/01/2018 $1,500 $709,013 $625,995 $83,018 113%$40,868 $1,200 $(8,302)$33,766 $(37,465)$(7,059)$(42,541)$(87,064) None Biwabik (City)01/01/2018 $1,900 $328,351 $199,618 $128,733 164%$40,105 $1,110 $(12,873)$28,342 $(9,440)$(1,779)$(19,701)$(30,920) None Brownsville (City)01/01/2018 $500 $379,457 $74,325 $305,132 511%$6,942 $840 $(30,513)$(22,731)$(10,551)$(1,988)$(22,767)$(35,306) None Hills (City)01/01/2018 $1,500 $391,884 $332,937 $58,947 118%$29,092 $660 $(5,895)$23,858 $(15,130)$(2,851)$(23,513)$(41,494) None Lake Kabetogama (Firefight-ing Corp)01/01/2018 $1,200 $337,780 $168,866 $168,914 200%$14,639 $540 $(16,891)$(1,712)$(6,664)$(1,255)$(20,267)$(28,186) None Middle River (City)01/01/2018 $600 $299,609 $139,139 $160,470 215%$10,257 $780 $(16,047)$(5,010)$(9,995)$(1,883)$(17,977)$(29,855) None Fire Department SVF Plan Membership Date Benefit Level per Year of Service AMOUNTS PROJECTED TO 12/31/2023 COMPONENTS OF ANNUAL FINANCIAL REQUIREMENT Annual Financial Requirement REDUCTIONS TO ANNUAL FINANCIAL REQUIREMENT Total Reductions to Annual Financial Requirement Required Contribution Due 12/31/2024 Present Value of Assets Accrued Liability Surplus or (Deficit)Funding Ratio Increase in Lia-bility Between 12/31/2023 and 12/31/2024 Administrative Fees One-tenth Deficit/(Surplus) Fire State Aid Supplemental State Aid 6% Assumed Interest A B (A - B)(A / B)C D E (C + D + E)F G H (F + G + H) Miltona (City)01/01/2018 $2,200 $437,579 $555,098 $(117,520)79%$52,985 $780 $11,752 $65,517 $(15,273)$(2,878)$(26,255)$(44,406)$21,111 Minnesota City (Firefighting Corp)01/01/2018 $500 $53,136 $17,765 $35,371 299%$4,212 $360 $(3,537)$1,035 $(7,774)$(1,465)$(3,188)$(12,427) None Princeton (City)01/01/2018 $5,000 $2,159,748 $2,237,494 $(77,745)97%$172,519 $1,230 $7,775 $181,523 $(79,066)$(14,896)$(129,585)$(223,547) None Russell (City)01/01/2018 $700 $321,083 $184,399 $136,685 174%$12,873 $690 $(13,668)$(106)$(10,551)$(1,988)$(19,265)$(31,803) None Schroeder (Township)01/01/2018 $1,500 $286,555 $156,773 $129,782 183%$13,419 $390 $(12,978)$830 $(6,664)$(1,255)$(17,193)$(25,112) None Vadnais Heights (City)01/01/2018 $6,900 $2,137,469 $1,766,285 $371,184 121%$212,694 $1,680 $(37,118)$177,256 $(88,001)$(16,580)$(128,248)$(232,829) None Vermilion Lake (Township)01/01/2018 $1,500 $323,054 $331,767 $(8,713)97%$18,576 $480 $871 $19,927 $(8,329)$(1,569)$(19,383)$(29,281) None Vining (City)01/01/2018 $500 $213,158 $127,161 $85,997 168%$6,536 $660 $(8,600)$(1,404)$(8,885)$(1,674)$(12,789)$(23,348) None Watertown (City)01/01/2018 $3,100 $1,670,130 $1,200,945 $469,185 139%$85,648 $1,050 $(46,919)$39,780 $(48,647)$(9,165)$(100,208)$(158,020) None Wells (City)01/01/2018 $2,000 $741,353 $661,941 $79,412 112%$55,041 $900 $(7,941)$48,000 $(25,680)$(4,838)$(44,481)$(74,999) None Wood Lake (City)01/01/2018 $1,700 $276,638 $282,299 $(5,661)98%$28,534 $810 $566 $29,910 $(10,551)$(1,988)$(16,598)$(29,137)$773 Alaska (Firefighting Corp)01/01/2019 $900 $199,151 $178,194 $20,957 112%$13,344 $540 $(2,096)$11,788 $(7,219)$(1,360)$(11,949)$(20,528) None Baldwin (Township)01/01/2019 $4,100 $934,121 $905,498 $28,623 103%$105,667 $1,230 $(2,862)$104,035 $(41,520)$(7,822)$(56,047)$(105,389) None Canton (City)01/01/2019 $600 $162,298 $104,514 $57,784 155%$10,569 $690 $(5,778)$5,481 $(11,106)$(2,092)$(9,738)$(22,936) None Cotton (Township)01/01/2019 $1,500 $405,454 $300,576 $104,878 135%$21,479 $540 $(10,488)$11,531 $(7,774)$(1,465)$(24,327)$(33,566) None Cottonwood (City)01/01/2019 $1,400 $716,894 $474,214 $242,680 151%$32,969 $780 $(24,268)$9,481 $(18,627)$(3,509)$(43,014)$(65,150) None Foxhome (Firefighting Corp)01/01/2019 $1,500 $58,602 $70,517 $(11,915)83%$17,776 $510 $1,192 $19,478 $(9,995)$(1,883)$(3,516)$(15,394)$4,083 Hamburg (City)01/01/2019 $2,000 $560,289 $563,720 $(3,431)99%$40,062 $840 $343 $41,245 $(12,772)$(2,406)$(33,617)$(48,795) None Hayfield (City)01/01/2019 $2,200 $757,468 $744,679 $12,789 102%$58,857 $960 $(1,279)$58,539 $(30,019)$(5,656)$(45,448)$(81,122) None International Falls (City)01/01/2019 $3,600 $1,095,786 $869,953 $225,833 126%$98,580 $1,200 $(22,583)$77,197 $(55,330)$(10,424)$(65,747)$(131,501) None Kiester (City)01/01/2019 $500 $274,885 $157,667 $117,218 174%$8,546 $690 $(11,722)$(2,486)$(13,327)$(2,511)$(16,493)$(32,331) None Leaf Valley (Township)01/01/2019 $1,700 $442,466 $440,788 $1,678 100%$32,534 $810 $(168)$33,176 $(12,217)$(2,302)$(26,548)$(41,067) None Ogema (City) 01/01/2019 $500 $70,290 $31,549 $38,741 223%$8,034 $690 $(3,874)$4,850 $(10,384)$(1,956)$(4,217)$(16,558) None Shafer (City)01/01/2019 $1,500 $424,706 $394,796 $29,910 108%$34,144 $780 $(2,991)$31,933 $(18,857)$(3,553)$(25,482)$(47,892) None Winthrop (City)01/01/2019 $2,500 $843,352 $845,555 $(2,203)100%$73,679 $960 $220 $74,859 $(17,485)$(3,294)$(50,601)$(71,380)$3,479 Wrenshall (City)01/01/2019 $1,100 $413,895 $303,463 $110,432 136%$20,686 $720 $(11,043)$10,363 $(14,438)$(2,720)$(24,834)$(41,992) None Brimson (Firefighting Corp)01/01/2020 $1,600 $198,644 $162,890 $35,754 122%$19,949 $480 $(3,575)$16,854 $(7,774)$(1,465)$(11,919)$(21,157) None Chatfield (City)01/01/2020 $2,450 $565,876 $380,310 $185,566 149%$54,349 $900 $(18,557)$36,692 $(36,914)$(6,955)$(33,953)$(77,822) None Dunnell (City)01/01/2020 $750 $161,596 $133,600 $27,996 121%$9,176 $510 $(2,800)$6,886 $(7,774)$(1,465)$(9,696)$(18,935) None Elgin (City)01/01/2020 $1,500 $584,254 $593,250 $(8,996)98%$44,290 $990 $900 $46,180 $(23,762)$(4,477)$(35,055)$(63,294) None Ellsworth (City)01/01/2020 $700 $334,277 $319,785 $14,492 105%$16,792 $780 $(1,449)$16,123 $(12,772)$(2,406)$(20,057)$(35,235) None Garvin (City)01/01/2020 $800 $182,243 $72,414 $109,829 252%$6,722 $420 $(10,983)$(3,841)$(9,440)$(1,779)$(10,935)$(22,153) None Harris (City)01/01/2020 $3,700 $151,062 $135,258 $15,804 112%$47,281 $720 $(1,580)$46,421 $(6,869)$(1,294)$(9,064)$(17,227)$29,194 Hinckley (City)01/01/2020 $2,500 $753,858 $596,929 $156,928 126%$52,084 $840 $(15,693)$37,231 $(28,968)$(5,458)$(45,231)$(79,657) None Lakewood (Township)01/01/2020 $1,100 $252,663 $181,814 $70,849 139%$17,615 $660 $(7,085)$11,190 $(13,882)$(2,615)$(15,160)$(31,657) None Makinen (Firefighting Corp)01/01/2020 $800 $95,678 $78,060 $17,618 123%$6,366 $330 $(1,762)$4,934 $(4,998)$(942)$(5,741)$(11,681) None Remer (City)01/01/2020 $2,300 $448,959 $361,827 $87,132 124%$33,896 $660 $(8,713)$25,843 $(19,418)$(3,658)$(26,938)$(50,014) None St Anthony Village (City)01/01/2020 $3,800 $1,377,118 $1,026,973 $350,145 134%$65,260 $1,020 $(35,015)$31,266 $(59,541)$(11,218)$(82,627)$(153,386) None Toivola (Firefighting Corp)01/01/2020 $700 $171,484 $109,045 $62,439 157%$10,356 $630 $(6,244)$4,742 $(7,774)$(1,465)$(10,289)$(19,528) None Fire Department SVF Plan Membership Date Benefit Level per Year of Service AMOUNTS PROJECTED TO 12/31/2023 COMPONENTS OF ANNUAL FINANCIAL REQUIREMENT Annual Financial Requirement REDUCTIONS TO ANNUAL FINANCIAL REQUIREMENT Total Reductions to Annual Financial Requirement Required Contribution Due 12/31/2024 Present Value of Assets Accrued Liability Surplus or (Deficit)Funding Ratio Increase in Lia-bility Between 12/31/2023 and 12/31/2024 Administrative Fees One-tenth Deficit/(Surplus) Fire State Aid Supplemental State Aid 6% Assumed Interest A B (A - B)(A / B)C D E (C + D + E)F G H (F + G + H) Wanda (City)01/01/2020 $700 $218,922 $181,159 $37,763 121%$12,235 $600 $(3,776)$9,059 $(8,885)$(1,674)$(13,135)$(23,694) None Bearville (Township)01/01/2021 $500 $21,909 $9,492 $12,418 231%$3,834 $360 $(1,242)$2,952 $(6,664)$(1,255)$(1,315)$(9,234) None Braham (City)01/01/2021 $3,000 $587,635 $580,276 $7,359 101%$45,185 $840 $(736)$45,289 $(30,737)$(5,791)$(35,258)$(71,786) None Evansville (City)01/01/2021 $1,400 $321,717 $224,019 $97,698 144%$21,816 $720 $(9,770)$12,767 $(12,217)$(2,302)$(19,303)$(33,821) None Finlayson (City)01/01/2021 $1,100 $311,654 $281,656 $29,998 111%$19,148 $660 $(3,000)$16,808 $(13,994)$(2,637)$(18,699)$(35,330) None Lake Lillian (City)01/01/2021 $900 $184,647 $158,869 $25,778 116%$13,505 $450 $(2,578)$11,377 $(10,773)$(2,030)$(11,079)$(23,882) None Mantorville (City)01/01/2021 $1,600 $655,139 $596,299 $58,840 110%$37,349 $1,200 $(5,884)$32,665 $(20,043)$(3,776)$(39,308)$(63,127) None Taylors Falls (City)01/01/2021 $1,700 $388,589 $281,133 $107,457 138%$30,900 $630 $(10,746)$20,785 $(7,219)$(1,360)$(23,315)$(31,894) None Canosia (Township)01/01/2022 $1,600 $564,067 $583,019 $(18,952)97%$33,561 $660 $1,895 $36,116 $(14,050)$(2,647)$(33,844)$(50,541) None Gaylord (City)01/01/2022 $2,000 $532,458 $605,490 $(73,032)88%$43,541 $810 $7,303 $51,654 $(24,242)$(4,567)$(31,947)$(60,756) None Hanley Falls (City)01/01/2022 $900 $223,478 $213,231 $10,246 105%$18,644 $690 $(1,025)$18,309 $(13,327)$(2,511)$(13,409)$(29,247) None Kerrick (City) 01/01/2022 $500 $80,192 $77,525 $2,667 103%$5,886 $360 $(267)$5,979 $(6,664)$(1,255)$(4,812)$(12,731) None LeRoy (City)01/01/2022 $900 $297,628 $273,632 $23,996 109%$17,994 $900 $(2,400)$16,494 $(13,306)$(2,507)$(17,858)$(33,671) None Morse Fall Lake (Joint Powers Entity)01/01/2022 $3,200 $899,615 $411,244 $488,371 219%$48,779 $570 $(48,837)$512 $(42,742)$(8,053)$(53,977)$(104,772) None New Germany (City)01/01/2022 $2,800 $697,455 $683,904 $13,551 102%$54,874 $690 $(1,355)$54,208 $(11,661)$(2,197)$(41,847)$(55,706) None Nowthen (City)01/01/2022 $2,500 $86,804 $52,182 $34,622 166%$20,466 $390 $(3,462)$17,394 $(30,487)$(5,744)$(5,208)$(41,439) None Stacy Lent (Joint Powers Entity)01/01/2022 $2,700 $764,958 $858,169 $(93,211)89%$69,801 $1,110 $9,321 $80,232 $(27,946)$(5,265)$(45,898)$(79,109)$1,123 Underwood (Fire Corp)01/01/2022 $2,300 $564,985 $459,573 $105,412 123%$49,117 $750 $(10,541)$39,326 $(24,485)$(4,613)$(33,899)$(62,997) None West Concord (City)01/01/2022 $1,400 $446,452 $436,805 $9,647 102%$28,548 $990 $(965)$28,573 $(20,575)$(3,876)$(26,787)$(51,238) None Breckenridge (City)01/01/2023 $1,500 $480,998 $440,726 $40,272 109%$35,582 $780 $(4,027)$32,335 $(31,627)$(5,959)$(28,860)$(66,446) None Carver (City)01/01/2023 $4,000 $1,302,221 $1,300,548 $1,673 100%$118,894 $1,440 $(167)$120,166 $(46,101)$(8,686)$(78,133)$(132,920) None Dakota(City)01/01/2023 $1,200 $321,367 $290,788 $30,579 111%$19,615 $540 $(3,058)$17,097 $(8,885)$(1,674)$(19,282)$(29,841) None Finland (Firefighting Corp)01/01/2023 $1,100 $193,407 $158,542 $34,865 122%$12,389 $480 $(3,487)$9,382 $(17,382)$(3,275)$(11,604)$(32,261) None Hastings (City)01/01/2023 $11,000 $5,029,656 $3,790,600 $1,239,056 133%$346,186 $1,530 $(123,906)$223,810 $(195,725)$(36,875)$(301,779)$(534,380) None Hendricks (City)01/01/2023 $1,200 $296,871 $401,310 $(104,439)74%$35,643 $990 $10,444 $47,077 $(13,882)$(2,615)$(17,812)$(34,309)$12,768 Meadowlands (Firefighting Corp)01/01/2023 $700 $118,840 $119,780 $(940)99%$11,710 $510 $94 $12,314 $(7,219)$(1,360)$(7,130)$(15,709) None Moose Lake (Firefighting Corp)01/01/2023 $2,700 $695,589 $568,753 $126,836 122%$42,676 $720 $(12,684)$30,712 $(35,099)$(6,613)$(41,735)$(83,447) None Newport (City)01/01/2023 $4,500 $1,138,011 $1,099,808 $38,203 103%$94,023 $780 $(3,820)$90,982 $(23,816)$(4,487)$(68,281)$(96,584) None Proctor (City)01/01/2023 $2,400 $842,849 $635,579 $207,270 133%$47,879 $810 $(20,727)$27,962 $(25,445)$(4,794)$(50,571)$(80,810) None Rockford (City)01/01/2023 $3,600 $848,369 $791,247 $57,122 107%$59,437 $1,080 $(5,712)$54,805 $(38,548)$(7,262)$(50,902)$(96,712) None Sandstone (City)01/01/2023 $1,750 $380,971 $227,459 $153,512 167%$25,322 $510 $(15,351)$10,481 $(24,475)$(4,611)$(22,858)$(51,944) None TOTALS $126,562,171 $107,797,904 $18,764,267 117%$9,018,928 $168,720 $(1,876,427)$7,311,222 $(4,695,387)$(906,364)$(7,593,730)$(13,195,482) CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3B STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: October 9, 2023 TOPIC: Consider Appointment of Streets and Stormwater Maintenance Worker VOTE REQUIRED: 3/5 _____________________________________________________________________________ INTRODUCTION The Council is being asked to approve the appointment of Riley Kissick to the Streets and Stormwater 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 Riley Kissick for the position. Kissick currently works for the City of Lino Lakes as a Seasonal Maintenance Worker. 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, Powers would start in the position of Streets and Stormwater Maintenance Worker on October 23, 2023. RECOMMENDATION Please approve the appointment of Riley Kissick for the Streets and Stormwater Maintenance Worker position. CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6A Michael Grochala, Community Development Director October 9, 2023 Public Hearing. Consider Resolution No. 23-105, Adopting Assessment Role, 2023 Weed Abatement Charges STAFF ORIGINATOR: MEETING DATE: TOPIC: 1. Resolution No. 23-1052.2023 Weed Abatement Assessment Role Exhibit A VOTE REQUIRED: 3/5 _____________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to adopt the assessment role for weed abatement charges payable in 2023. BACKGROUND City Code Section 904 declares weeds or grass growing in excess of eight inches in height to be a public nuisance. Property owners in violation of this requirement are notified and provided an opportunity to cure the nuisance. If the violation is not addressed within a specified period of time, City staff and/or private contractors are directed to abate the nuisance. The cost of abatement is charged to the property owner. In the event that the property owner fails to pay the costs incurred, the City may certify the charges against the property for collection with property taxes as a special assessment. Minnesota Statues § 429.101 provides for the special assessment of certain services including weed elimination from properties. Special Assessments levied under this statute are subject to the procedural requirements of M.S. § 429.061 which requires the determination of the costs to be assessed and a public hearing to adopt the assessments. There are two properties proposed to be assessed for costs incurred in 2023. The total amount to be assessed is $360.00. The amount charged is based on staff time for completing the work and administrative costs. The property owners were notified by mail in accordance with the law. RECOMMENDATION Staff recommends approval of Resolution No. 23-105. ATTACHMENTS CITY OF LINO LAKES RESOLUTION NO. 23-105 RESOLUTION ADOPTING ASSESSMENT 2023 WEED ABATEMENT CHARGES WHEREAS, pursuant to City Code Section 904, any weeds or grass growing upon any lot or parcel of land in the City of Lino Lakes to a greater height than eight (8”), or which have gone or about to go to seed are declared to be a nuisance; and WHEREAS, certain property owners in noncompliance with such code requirements were notified and provided the opportunity to comply with such provisions; and WHEREAS, upon failure of the property owner to comply with the provisions of said notice, the City Weed Inspector ordered the abatement of such nuisance, in accordance with the City Code Section 904, and charged the property owner thereof for expenses incurred by the City; and WHEREAS, certain properties are delinquent in the payment of such Weed Abatement charges; and WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment of Weed Abatement Charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January 2024, and shall bear interest at the rate of 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2024. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council of the City of Lino Lakes this 9th day of October, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Exhibit A 2023 Weed Abatement Assessment Role Total Amount to be Assessed $360.00 Legal Property Amount PIN Description City/State/Zip Assessed 07-31-22-34-00-65 LOT 2 BLOCK 4 BEHMS CENTURY FARM 5TH ADD 98 Palomino Lane, Lino Lakes, MN 55014 $180.00 18-31-22-43-00-21 THAT PRT OF SW1/4 OF SE1/4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: BEG AT A PT ON S LINE OF SD 1/4 1/4 603.44 FT E OF SW COR THEREOF, TH E ON SD S LINE 100 FT, TH N AT RT ANG 208.56 FT, TH E AT RT ANG 20 8.56 FT, TH N AT RT ANG 345.94 FT, TH W AT RT ANG 308.56 FT, TH S AT RT ANG 554.50 FT TO POB, EX N 290.50 FT THEREOF, EX RD, SUBJ TO EASE OF REC 231 Elm Street, Lino Lakes, MN 55014 180.00$ Total $360.00 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6B Andy Nelson, Environmental Coordinator Claire Knopf, Community Development Intern October 9, 2023 Consider Ordinance No. 10-23 Amending City Code Section 904.08 Relating to Managed Natural Landscapes 3/5 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION Staff is requesting City Council consideration to amend City Code Chapter 904 to conform with Minn. Statutes § 412.925 regulating managed natural landscapes. BACKGROUND Effective July 1, 2023, Minnesota Statutes, section 412.925, mandates that cities allow for managed natural and native landscaping on all parcels. In response, the City is amending its local code and ordinances to conform with the statute. The statute states the following: Minn. Stat. § 412.925 – NATIVE LANDSCAPES (a)A statutory city or home rule charter city shall allow an owner, authorized agent, or authorized occupant of any privately owned lands or premises to install and maintain a managed natural landscape. For purposes of this section, the following terms have the meanings given: (1)"managed natural landscape" means a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes does not include turf-grass lawns left unattended for the purpose of returning to a natural state; (2)"meadow vegetation" means grasses and flowering broad-leaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, not including noxious weeds. "Noxious weed" has the meaning given in section 18.77, subdivision 8; (3)"ornamental plants" means grasses, perennials, annuals, and groundcovers purposely planted for aesthetic reasons; (4)"rain garden" means a native plant garden that is designed not onlyto aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes, and rivers; and (5)"turf-grass lawn" means a lawn composed mostly of grasses commonly used in regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass blends, intended to be maintained at a height of no more than eight inches. (b)Managed natural landscapes may include plants and grasses that are in excess of eight inches in height and have gone to seed, but may not include any noxious weeds and must be maintained. (c)Except as part of a managed natural landscape as defined in this section, any weeds or grasses growing upon any lot or parcel of land in a city to a greater height than eight inches or that have gone or are about to go to seed are prohibited. Chapter 904 of the City Code, along with Chapter 1007.043 (Zoning Ordinance) currently establishes requirements for natural prairie restoration areas. The new statute is of broader scope than our current language and the City Attorney has recommended amendment to reference the statutory language. The language within the zoning ordinance will be amended through a separate process. The Environmental Board reviewed the proposed ordinance on August 30, 2023 and recommended approval. RECOMMENDATION Staff is recommending approval of Ordinance No. 10-23. ATTACHMENTS 1.Ordinance No. 10-23. 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 10 -23 ORDINANCE AMENDING CITY CODE CHAPTER 904: WEEDS AND GRASS DECLARED TO BE A NUISANCE The City Council of Lino Lakes ordains: Section 1. That Section 904.08 (2) of the Lino Lakes Code of Ordinances related to Weeds and Grass is hereby amended as follows: (2)Natural prairie restoration areas Native grasses indigenous to Minnesota, plantedand maintained on any occupied lot or parcel of land, setback a minimum of 20 feetfrom the front property line as part of a garden or landscape treatment; ManagedNatural Landscapes as defined in Minnesota Statutes 412.925(a)(1)-(5). 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 23rd day of October, 2023. BY: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6C Andy Nelson, Environmental Coordinator October 9th, 2023 Consideration of Resolution 23-107, Approving 2024 Anoka County Recycling Grant Agreement 3/5 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION The City of Lino Lakes receives Select Committee on Recycling and the Environment (SCORE) funds each year from Anoka County. Cities using SCORE funds allocated from Anoka County are required to enter into a cooperative agreement with the county. BACKGROUND In 1989, the Governor’s Select Committee on Recycling and the Environment recommended to the Legislature to adopt a comprehensive set of laws referred to as SCORE. This act initiated a state funding source for recycling programs, waste reduction initiatives, management of household hazardous waste, and problem materials. Locally, Anoka County distributes these funds to cities for use on residential recycling programs. These funds are available for specific program areas, such as drop-off events (Recycling Saturday), promotional materials, the organics drop-off program, and labor and staffing. Total SCORE grant funds available for 2024: $81,795.00 RECOMMENDATION Approve Resolution No. 23-107, Approving Anoka County Contract No. C0010116, 2024 Agreement for Residential Recycling Program. ATTACHMENTS 1. Resolution No. 23-1072. Anoka County Contract # C0010116 – 2024 Agreement for Residential Recycling Program ___________________________________________________________________________________ CITY OF LINO LAKES RESOLUTION NO. 23-107 APPROVING 2024 ANOKA COUNTY RECYCLING GRANT WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on solid waste abatement and recycling; and WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of “SCORE” funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible for grant funding in the amount of $81,795 for the operation of residential recycling program elements, including but not limited to: monthly drop-off events, Parks recycling, promotional materials, the organics drop-off program, and labor and staffing; WHEREAS, Anoka County Agreement No. C0010116 provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C0010116, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this 9th day of October, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Anoka County Contract # C0010116 2024 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January 2024, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the “COUNTY”, and the CITY OF LINO LAKES, hereinafter referred to as the “MUNICIPALITY”. WITNESSETH: WHEREAS, the County will receive funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557, the Select Committee on Recycling and the Environment (hereinafter “SCORE funds”) during 2024 which must be used to encourage and improve recycling and a portion must be specifically directed to recycling source -separated compostable materials; and WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441, Local Recycling Development Grants (hereinafter “LRDG funds”) during 2024; and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the available amount for the Residential Recycling Program is $1,611,188.00; and WHEREAS, the County Solid Waste Management Master Plan 2018 (Master Plan 2018) and the Minnesota Pollution Control Agency (hereinafter “MPCA”) Metropolitan Solid Waste Management Policy Plan 2016-2036 state that MSW generated in the County that is not reused, recycled, or composted, will be processed to the extent that processing capacity is available; and WHEREAS, the Master Plan 2018 was developed with the participation of a representative from the Municipality staff, and the Municipality is required to develop and implement programs, practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd 2a. (b).; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by Anoka County by providing said SCORE, LRDG, and County budgeted program funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1.PURPOSE AND CONTRACT DOCUMENTS. The purpose of this Agreement is toprovide for cooperation between the County and the Municipality to implement solid wasterecycling programs in the Municipality which will help the County and membermunicipalities meet the goals set in the current Anoka County Solid Waste ManagementMaster Plan. The County and the Municipality agree that the information provided in therecitals above is to be incorporated into the purpose of this agreement. The Anoka County Municipal Waste Abatement Grant Program (hereinafter “Grant Program”) Contract Documents include: the Anoka County Municipal Waste DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Abatement Grant Funding Application submitted by the Municipality for the current contract year, and the Grant Funding Award issued by Anoka County for the current contract year. These documents are incorporated into this agreement by reference and are components of the entire contract package. The order of precedence of these documents in the event of inconsistency or ambiguity shall be resolved in the following order: 1) this Agreement for Residential Recycling Program; 2) Grant Funding Award; and 3) Anoka County Municipal Waste Abatement Grant Funding Application. 2.TERM. The term of this Agreement is from January 1, 2024, through December 31, 2024,unless earlier terminated as provided herein. 3.DEFINITIONS. Defined terms contained in this Agreement and all the attachments arefound in Minn. Stat. § 115A.03; 115A.471; and 115A.552. The use of capitalization fordefined terms has no special effect. Additionally: a. “Full-Service Recycling Drop-off Center” means centralized permanent drop-offcenter that is open at least two times a week and accepts at least four types ofmaterials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, furniture, source-separated compostable materials, electronics, etc. b.“Multi-family dwellings” means households within apartment complexes, condominiums, townhomes, mobile homes, and senior housing complexes. c. “Community Partner” means community festivals which appear to the public to besupported and run by the Municipality but in fact are sponsored or co-sponsored bya municipality or an independent non-profit 501c (3) organization, for example: theAnoka Halloween Parade. 4.ELIGIBILITY FOR FUNDS. Per Minn. Stat. § 115A.557, Subd. 1, funding eligibility isbased primarily on population, with a minimum funding floor. For 2024, the County hasdetermined that funding will be determined by the Grant Program funding application. TheMunicipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum, which shallnot exceed $81,795.00. The Municipality shall be provided documentation of the fundingaward determination and rationale as indicated by the approved 2024 Grant Program Funding Application. The County reserves the right to assess reimbursement reporting status for each municipality mid-year and recommend funding adjustments as determined by the CountyProgram Specialist managing the Grant Program. The County also reserves the right to withdraw reimbursement of approved expenses ifthe requirements noted in section 6. of this contract are not met. The County also reserves the ability to assess the programs and reallocate unusedSCORE and/or, LRDG funds mid-year if any participating municipality demonstratesthe need for the funding and funds are available. The Municipality shall be provideddocumentation of the Grant Program funding award determination and rationale asindicated by the 2024 Grant Program Funding Award. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 5.PROGRAM. The Municipality shall develop and implement a residential solid wasterecycling program adequate to meet the Municipality’s annual recycling goal of 2,357 tons of recyclable and source-separated compostable materials as established by the County.The Municipality shall ensure that the recyclable materials collected are delivered toprocessors or end markets for recycling or composting. a. The Municipal recycling program shall include the following components: i.Per Minn. Stat. § 115A.552, each household (including both single and Multi-familydwellings) in the Municipality shall have the Opportunity to Recycle at least fourbroad types of materials, including but not limited to, paper (includingcardboard/paperboard cartons), glass, plastic, and metal. ii.The recycling (including any organics) program shall be operated in compliancewith all applicable federal, state, and local laws, ordinances, rules, and regulations. iii.The Municipality shall implement a public information program that contains atleast one of the following components: (1)One promotional mailing to each household focused exclusively on theMunicipality’s recycling and source-separated compostable materialsprogram; (2)One promotional advertisement detailing recycling and source-separatedcompostable materials opportunities available for residents included in theMunicipality’s newsletter or local newspaper; or (3)Two community outreach activities at Municipal or Community Partner eventsto inform residents about recycling and source-separated compostablematerials opportunities. iv.The public information components listed above shall focus on all recyclablematerials and the various opportunities to recycle and compost source-separated compostable materials within the Municipality. The Municipality shall incorporateCounty/regional/State campaigns and images and use the toolkits provided by theCounty when preparing promotional materials. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recyclingopportunities available to these new residents. The County shall work with theMunicipality on promotional materials to coordinate messages. The Municipality shall provide promotional materials to the County for review prior to publication toensure accuracy. v.The Municipality shall offer a minimum of one spring or fall recycling drop-off eventwhere items not normally accepted at the curb are collected for recycling. If theMunicipality is hosting a monthly drop-off as described below, the spring/fallrecycling drop-off events may be included within that program. b.The Municipality is encouraged to expand its recycling program to include one ormore of the following components in order to receive additional funding. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 i.Organize monthly/quarterly recycling drop-off events which can be held inconjunction with a neighboring municipality(ies) on a cooperative basis for the citizens of both/all municipalities. ii.Provide a community event recycling program, which at a minimum would consist of providing recycling opportunities at all Municipal sponsored or CommunityPartner events and festivals as required by Minn. Stat. § 115A.151. The feasibilityof adding source-separated compostable material collection at the event will beexplored, and if feasible, implemented as an enhancement to the waste abatementprogram. iii.Provide the opportunity for citizens to engage in recycling activities at Municipaland Community Partner facilities as required by Minn. Stat. § 115A.151 such asathletic fields and public centers. iv.Organize and manage a Full-Service Recycling Drop-off Center. v.Implement enhanced recycling promotion and assistance for Multi-familydwellings. vi.Develop additional opportunities for source-separated compostable materialscollection. vii.Develop and implement additional opportunities to recycle bulky and problemmaterials (e.g., appliances, batteries, electronics, fluorescent lamps, mattresses,oil, scrap metal, etc.) from residents on an on-going basis either curbside or at adrop-off. c.If the Municipality’s recycling program did not achieve the Municipality’s recyclinggoals as established by the County for the prior calendar year, the Municipalityshall work with the County to prepare a plan to achieve the recycling goals set forthin this Agreement. d.The Municipality’s recycling program shall be limited to residential programmingfor funding reimbursements under this Agreement. The County will not reimbursebusiness recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sentto the County for response. e.In addition to the above requirements designed to increase residential recyclingopportunities, the Municipality shall provide recycling opportunities in all municipalbuildings including but not limited to, city offices, public meeting rooms and parks,as required by Minn. Stat. § 115A.151. f.If the Municipality requests reimbursement for park/public entityrecycling/organics/trash waste systems/containers, the Municipality needs to workwith the County before an order is placed to make sure the containers areconsistent with the requirements set forth by the County for colors e.g. (blue forrecycling, green for organics and gray or black for trash), openings and labels. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 g.Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generatedby municipal government activities (including city/town halls, public works and public safety buildings, parks, and libraries, and for municipalities that arrange forwaste services on behalf of their residents (organized collection)) shall bedelivered to a waste processing plant for disposal as long as capacity is available. Failure to comply with this provision shall constitute a breach of this Agreementresulting in the loss of all Grant Funding unless, pursuant to statute, theMunicipality has conferred with the County and developed a plan to comply withina reasonable period of time. 6.REPORTING. The Municipality shall submit the following forms via Re-TRAC:application, reimbursement, and tonnage report forms to the County on the schedule noted below: a.June 3, 2024 – Deadline for submitting via Re-TRAC the 2025 Anoka County Municipal Waste Abatement Grant Funding Application and all requiredattachments b.July 12, 2024 – Deadline for submitting via Re-TRAC the 2024 January – JuneAnoka County Municipal Reimbursement Report Form and all requiredattachments c.July 31, 2024 – Deadline for submitting via Re-TRAC the 2024 January – JuneAnoka County Municipal Tonnage Report Form and all required attachments d.November 15, 2024 – Deadline for submitting via DocuSign the signed 2025 Agreement for Residential Recycling Program e.January 10, 2025 – Deadline for submitting via Re-TRAC the 2024 July – December Anoka County Municipal Reimbursement Report Form and allrequired attachments f.January 31, 2025 – Deadline for submitting via Re-TRAC the 2024 July –December Anoka County Municipal Tonnage Report Form and all requiredattachments g.For the Anoka County Municipal Waste Abatement Grant FundingApplication, using set categories in Re-TRAC, the:•Municipality is required to follow application instructions•Municipality must refer to list of eligible expenses when completing the application•Municipality is required to upload in Re-TRAC a complete and accurate 2024Staffing Metric and Drop-off Calculator•Municipality is required to upload in Re-TRAC a complete and accurate .pdffile of up-to-date promotions listing collection opportunities at curbside,permanent drop-off centers or other special events h.For the Anoka County Municipal Reimbursement Report Form, using setcategories in Re-TRAC, the: •Municipality is required to follow reimbursement form instructions DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 •Municipality must refer to list of eligible expenses when completing thereimbursement form •If the Municipality is being audited, the Municipality must provide a fullaccounting of the expenses incurred that have been approved in the 2024Municipal Waste Abatement Grant Funding Application •Municipality is required to upload in Re-TRAC a complete and accurateReimbursement Worksheet which matches the amounts entered in theassociated sections in the Re-TRAC Reimbursement Report Form •Information regarding any revenue received from sources other than the County, for the Municipality’s recycling and source-separated organics programs, i.e., revenue taken in from the sale of recyclables and fees collected from residents, shall be reported •Copies of all promotional materials that have been prepared by theMunicipality during each reporting period shall be uploaded in the Re-TRACReimbursement Report Form i.For the Municipal Tonnage Report Form, using set categories in Re-TRAC,the:•Municipality is required to follow tonnage report form instructions •Municipality shall keep detailed records documenting the disposition of allrecyclable materials collected pursuant to this Agreement•When calculating all tonnage categories, weight slips from haulers and end markets are required. If weight slips cannot be obtained, writtendocumentation of the quantity and type of material being reused, recycled,or composted must be provided •Using quantity and type of material, the Municipality shall use the conversionfactors provided by the County to determine the tonnage•If County conversion factors do not apply to any given materials, a description of the methodology used for calculations must be provided to theCounty•If the Municipality is being audited, the Municipality must provide a fullaccounting of the amount of waste which has been reused, recycled, andcomposted due to the Municipality’s activities and the efforts of othercommunity programs, redemption centers and drop-off centers•Municipality is required to upload in Re-TRAC a complete and accurateTonnage Worksheet which matches the amounts entered in the associatedsections in the Re-TRAC Tonnage Report Form•For waste abatement programs run by other persons or entities, theMunicipality shall provide documentation of materials recycled by the Municipality’s residents through these other programs j.The Municipality agrees to support County efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements andthe ability to exercise punitive actions, if needed. k.The Municipality agrees to furnish the County with additional reports in form andat frequencies requested by the County for financial evaluation, programmanagement purposes, and reporting to the State of Minnesota. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 7. REIMBURSEMENT PAYMENT PROCEDURE. Approved grant reimbursement payments shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. Payments will not be made until the set contract deadlines are met. 8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of Anoka County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: “Funded by the Anoka County Board of Commissioners and State SCORE funds.” The Municipality shall provide to the County copies of all promotional materials funded by this grant. The County shall provide to the Municipalities printed public information pieces about County programs and topics developed by the Recycling Education Committee (REC). The Municipality shall not modify County provided publications and promotional materials. Information about all County programs and drop-off sites that a Municipality plans to publish in a Municipal communication, printed, electronic, or on social media platforms shall be provided to the County for review and approved by the County prior to publication. This includes all information related to County waste prevention, reduction, recycling programs, County household hazardous waste operations and the County compost sites. To ensure content accuracy and message consistency throughout the region, any technical information about waste prevention, reduction, recycling, composting and household hazardous waste should be provided to the County for review, before it is printed, to verify that it is correct information for Anoka County. Information copied from the Internet may not be accurate for the twin cities metro area. 9. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state, or local laws, ordinances, rules, regulations, or DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. The Municipality shall also comply with all relevant portions of the current Anoka County Solid Waste Management Master Plan and shall participate in the preparation of the successor Master Plans. b. If the Municipality utilizes the services of a subcontractor for purposes of meeting requirements herein, the Municipality shall be responsible for the performance of all such subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. c. It is understood and agreed that the entire agreement is contained herein, and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. d. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. e. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. f. Nothing in this Agreement shall be construed as creating the relationship of co-partners, joint venturers, or an association between the County and the Municipality, nor shall the Municipality, its employees, agents, or representatives be considered employees, agents, or representatives of the County for any purpose. g. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. h. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. i. The County reserves the right to withdraw reimbursement of approved expenses if the Municipality does not comply with state law or the County’s Solid Waste Ordinance. 11. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days’ written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. (SIGNATURE PAGE TO FOLLOW) DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 IN WITNESS WHEREOF, the parties hereunto set their hands. CITY OF LINO LAKES COUNTY OF ANOKA By: By: G.R. Rafferty Cindy Cesare, Chief Officer Mayor Anoka County Human Services Date: Date: By: By: Jolleen Chaika Rhonda Sivarajah City Clerk County Administrator Date: Date: Approved as to form and legality: By: Kurt Deile Assistant County Attorney Date: kcd\contracts\integrated waste contracts\SCORE grants\2024__________ DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Attachment A Minnesota Statutes Referenced in Agreement for Residential Recycling Program Chapter 115A WASTE MANAGEMENT Minn. Stat. §115A.03 Definitions Subdivision 1. Applicability. For the purposes of this chapter, the terms defined in this section have the meanings given them, unless the context requires otherwise. Subd. 2. Agency. "Agency" means the Pollution Control Agency. Subd. 3. [Repealed, 1989 c 335 art 1 s 270] Subd. 3a. Arrange for management. "Arrange for management" means an activity undertaken by a person that determines the ultimate disposition of solid waste that is under the control of the person, including delivery of the waste to a transfer station for transport to another solid waste management facility. Knowledge of the destination of waste by a generator is by itself insufficient for arranging for management unless the generator knows that the destination is an environmentally inferior facility as defined in this section, has the ability to redirect the waste to an environmentally superior facility and ensure its delivery to that facility, and chooses not to redirect the waste. Subd. 4. Cities. "Cities" means statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364. Subd. 5. Collection. "Collection" means the aggregation of waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. Subd. 6. Commercial waste facility. "Commercial waste facility" means a waste facility established and permitted to sell waste processing or disposal services to generators other than the owner and operator of the facility. Subd. 6a. Commissioner. "Commissioner" means the commissioner of the Pollution Control Agency. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 7. Construction debris. "Construction debris" means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings and roads. Subd. 7a. Containment. "Containment" means isolating, controlling, and monitoring waste in a waste facility in order to prevent a release of waste from the facility that would have an adverse impact upon human health and the environment. Subd. 8. Development region. "Development region" means a region designated pursuant to sections 462.381 to 462.397. Subd. 8a. [Repealed, 1Sp2005 c 1 art 2 s 162] Subd. 9. Disposal or dispose. "Disposal" or "dispose" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including groundwaters. Subd. 10. Disposal facility. "Disposal facility" means a waste facility permitted by the agency that is designed or operated for the purpose of disposing of waste on or in the land, together with any appurtenant facilities needed to process waste for disposal or transfer to another waste facility. Subd. 10a. Environmentally inferior. "Environmentally inferior" means a solid waste management method that is lower on the list of preferred waste management methods in section 115A.02 than a solid waste management method chosen by a county or, as applied to a facility, means a waste management facility that utilizes a waste management method that is lower on the list of preferred waste management methods than the waste management method chosen by a county. In addition, as applied to disposal facilities, a facility that does not meet the standards for new facilities in Code of Federal Regulations, title 40, chapters 257 and 258, is environmentally inferior to a facility that does meet these standards. Subd. 11. Generation. "Generation" means the act or process of producing waste. Subd. 12. Generator. "Generator" means any person who generates waste. Subd. 13. Hazardous waste. "Hazardous waste" has the meaning given it in section 116.06, subdivision 11. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 13a. Industrial waste. "Industrial waste" means solid waste resulting from an industrial, manufacturing, service, or commercial activity that is managed as a separate waste stream. Subd. 14. Intrinsic hazard. "Intrinsic hazard" of a waste means the propensity of the waste to migrate in the environment, and thereby to become exposed to the public, and the significance of the harm or damage likely to result from exposure of natural resources or the public to the waste, as a result of such inherent or induced attributes of the waste as its chemical and physical stability, solubility, bioconcentratability, toxicity, flammability, and corrosivity. Subd. 15. Intrinsic suitability. (a) "Intrinsic suitability" of a land area or site means that, based on existing data on the inherent and natural attributes, physical features, and location of the land area or site, there is no known reason why the waste facility proposed to be located in the area or site cannot reasonably be expected to qualify for permits in accordance with agency rules. Agency certification of intrinsic suitability shall be based on data submitted to the agency by the proposing entity and data included by the administrative law judge in the record of any public hearing on recommended certification, and applied against criteria in agency rules and any additional criteria developed by the agency in effect at the time the proposing entity submits the site for certification. (b) In the event that all candidate sites selected by the board before May 3, 1984, are eliminated from further consideration and a new search for candidate sites is commenced, "intrinsic suitability" of a land area or site shall mean that, because of the inherent and natural attributes, physical features, and location of the land area or site, the waste facility proposed to be located in the area or site would not be likely to result in material harm to the public health and safety and natural resources and that therefore the proposed facility can reasonably be expected to qualify for permits in accordance with agency rules. Subd. 16. [Repealed, 1997 c 7 art 1 s 26] Subd. 17. Local government unit. "Local government unit" means cities, towns, and counties. Subd. 17a. Major appliances. "Major appliances" means clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. Subd. 18. Metropolitan area. "Metropolitan area" has the meaning given it in section 473.121. Subd. 19. Metropolitan Council. "Metropolitan Council" means the council established in chapter 473. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 20. [Repealed, 1994 c 628 art 3 s 209] Subd. 21. Mixed municipal solid waste. (a) "Mixed municipal solid waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, except as provided in paragraph (b). (b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Subd. 22. Natural resources. "Natural resources" has the meaning given it in chapter 116B. Subd. 22a. [Repealed, 1Sp2005 c 1 art 2 s 162] Subd. 22b. Packaging. "Packaging" means a container and any appurtenant material that provide a means of transporting, marketing, protecting, or handling a product. "Packaging" includes pallets and packing such as blocking, bracing, cushioning, weatherproofing, strapping, coatings, closures, inks, dyes, pigments, and labels. Subd. 23. Person. "Person" has the meaning given it in section 116.06, but does not include the Pollution Control Agency. Subd. 24. Political subdivision. "Political subdivision" means any municipal corporation, governmental subdivision of the state, local government unit, special district, or local or regional board, commission, or authority authorized by law to plan or provide for waste management. Subd. 24a. Problem material. "Problem material" means a material that, when it is processed or disposed of with mixed municipal solid waste, contributes to one or more of the following results: (1) the release of a hazardous substance, or pollutant or contaminant, as defined in section 115B.02, subdivisions 8, 13, and 15; (2) pollution of water as defined in section 115.01, subdivision 13; (3) air pollution as defined in section 116.06, subdivision 4; or (4) a significant threat to the safe or efficient operation of a solid waste facility. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 24b. Postconsumer material. "Postconsumer material" means a finished material that would normally be discarded as a solid waste having completed its life cycle as a consumer item. Subd. 25. Processing. "Processing" means the treatment of waste after collection and before disposal. Processing includes but is not limited to reduction, storage, separation, exchange, resource recovery, physical, chemical, or biological modification, and transfer from one waste facility to another. Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, source-separated compostable materials, and sole source food waste streams that are managed through biodegradative processes. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. Subd. 25b. Recycling. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subd. 25c. Recycling facility. "Recycling facility" means a facility at which materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. Subd. 25d. Refuse-derived fuel. "Refuse-derived fuel" means a product resulting from the processing of mixed municipal solid waste in a manner that reduces the quantity of noncombustible material present in the waste, reduces the size of waste components through shredding or other mechanical means, and produces a fuel suitable for combustion in existing or new solid fuel-fired boilers. Subd. 26. Regional development commission. "Regional development commission" means a commission established pursuant to sections 462.381 to 462.397. Subd. 26a. Resource conservation. "Resource conservation" means the reduction in the use of water, energy, and raw materials. Subd. 27. Resource recovery. "Resource recovery" means the reclamation for sale, use, or reuse of materials, substances, energy, or other products contained within or derived from waste. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 28. Resource recovery facility. "Resource recovery facility" means a waste facility established and used primarily for resource recovery, including related and appurtenant facilities such as transmission facilities and transfer stations primarily serving the resource recovery facility. Subd. 28a. Retrievable storage. "Retrievable storage" means a method of disposal whereby wastes are placed in a facility established pursuant to sections 115A.18 to 115A.30 for an indeterminate period in a manner designed to allow the removal of the waste at a later time. Subd. 28b. Sanitary district. "Sanitary district" means a sanitary district with the authority to regulate solid waste. Subd. 29. Sewage sludge. "Sewage sludge" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. It includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. Sewage sludge that is acceptable and beneficial for recycling on land as a soil conditioner and nutrient source is also known as biosolids. Subd. 30. Sewage sludge disposal facility. "Sewage sludge disposal facility" means property owned or leased by a political subdivision and used for interim or final disposal or land spreading of sewage sludge. Subd. 31. Solid waste. "Solid waste" has the meaning given it in section 116.06, subdivision 22. Subd. 32. Solid waste management district or waste district. "Solid waste management district" or "waste district" means a geographic area extending into two or more counties in which the management of solid waste is vested in a special district established pursuant to sections 115A.62 to 115A.72. Subd. 32a. MS 1994 [Renumbered subd 32c] Subd. 32a.Source-separated compostable materials. "Source-separated compostable materials" means materials that: (1) are separated at the source by waste generators for the purpose of preparing them for use as compost; (2) are collected separately from mixed municipal solid waste, and are governed by the licensing provisions of section 115A.93; DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 (3) are comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the commissioner has determined that no other person is willing to accept the paper for recycling; (4) are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the agency's class I or class II, or equivalent, compost standards and where process rejects do not exceed 15 percent by weight of the total material delivered to the facility; and (5) may be delivered to a transfer station, mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the commissioner determines that no other person is willing to accept the materials. Subd. 32b. MS 1994 [Renumbered subd 32d] Subd. 32b. Source-separated recyclable materials. "Source-separated recyclable materials" means recyclable materials, including commingled recyclable materials, that are separated by the generator. Subd. 32c. Stabilization. "Stabilization" means a chemical or thermal process in which materials or energy are added to waste in order to reduce the possibility of migration of any hazardous constituents of the resulting stabilized waste in preparation for placement of the waste in a stabilization and containment facility. Subd. 32d. Stabilization and containment facility. "Stabilization and containment facility" means a waste facility that is designed for stabilization and containment of waste, together with other appurtenant facilities needed to process waste for stabilization, containment, or transfer to another facility. Subd. 33. Transfer station. "Transfer station" means an intermediate waste facility in which waste collected from any source is temporarily deposited to await transportation to another waste facility. Subd. 34. Waste. "Waste" means solid waste, sewage sludge, and hazardous waste. Subd. 35. Waste facility. "Waste facility" means all property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste, except property for the collection of the waste and property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer stations, processing facilities, and disposal sites and facilities. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 36. Waste management. "Waste management" means activities which are intended to affect or control the generation of waste and activities which provide for or control the collection, processing and disposal of waste. Subd. 36a. Waste management method chosen by a county. "Waste management method chosen by a county" means: (1) a waste management method that is mandated for waste generated in the county by section 115A.415, 473.848, 473.849, or other state law, or by county ordinance based on the county solid waste management plan developed, adopted, and approved under section 115A.46 or 458D.05 or the county solid waste management master plan developed, adopted, and approved under section 473.803; or (2) a waste management facility or facilities, developed under the county solid waste management plan or master plan, to which solid waste generated in a county is directed by an ordinance developed, adopted, and approved under sections 115A.80 to 115A.893. Subd. 36b. Waste reduction or source reduction. "Waste reduction" or "source reduction" means an activity that prevents generation of waste or the inclusion of toxic materials in waste, including: (1) reusing a product in its original form; (2) increasing the life span of a product; (3) reducing material or the toxicity of material used in production or packaging; or (4) changing procurement, consumption, or waste generation habits to result in smaller quantities or lower toxicity of waste generated. Subd. 37. Waste rendered nonhazardous. "Waste rendered nonhazardous" means (1) waste excluded from regulation as a hazardous waste under the delisting requirements of United States Code, title 42, section 6921 and any federal and state delisting rules, and (2) other nonhazardous residual waste from the processing of hazardous waste. Subd. 38. Yard waste. "Yard waste" means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. History: 1980 c 564 art 1 s 3; 1981 c 352 s 1,2; 1983 c 373 s 5,6; 1984 c 640 s 32; 1984 c 644 s 1,2; 1985 c 274 s 1-3; 1986 c 425 s 12-17; 1987 c 348 s 1,2; 1988 c 524 s 1; 1988 c 685 s 3,4,21; 1989 c 325 s 3; 1989 c 335 art 1 s 128,129,269; 1Sp1989 c 1 art 18 s 3; art 20 s 1,2; 1991 c 303 s 1; 1991 c 337 s 6,7,44; 1992 c 593 art 1 s 5-7,28; 1993 c 249 s 7,8,61; 1994 c 548 s 1; 1994 c 585 s 3; 1994 c 639 art 5 s 3; 1995 c 220 s 96; 1995 c 247 art 1 s 66; 1996 c 470 s 2-5; 1Sp2005 c 1 art 2 s 161; 2008 c 357 s 32,33; 2011 c 107 s 81; 2014 c 248 s 14; 1Sp2015 c 4 art 4 s 104,105 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Minn. Stat. § 115A.151 RECYCLING REQUIREMENTS; PUBLIC ENTITIES; COMMERCIAL BUILDINGS; SPORTS FACILITIES. (a) A public entity, the owner of a sports facility, and an owner of a commercial building shall: (1) ensure that facilities under its control, from which mixed municipal solid waste is collected, also collect at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal; and (2) transfer all recyclable materials collected to a recycler. (b) For the purposes of this section: (1) "public entity" means the state, an office, agency, or institution of the state, the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control Commission, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, a special taxing district, or any entity that receives an appropriation from the state for a capital improvement project after August 1, 2002; (2) "metropolitan agency" and "Metropolitan Council" have the meanings given them in section 473.121; (3) "Metropolitan Mosquito Control Commission" means the commission created in section 473.702; (4) "commercial building" means a building that: (i) is located in a metropolitan county, as defined in section 473.121; (ii) contains a business classified in sectors 42 to 81 under the North American Industrial Classification System; and (iii) contracts for four cubic yards or more per week of solid waste collection; and (5) "sports facility" means a professional or collegiate sports facility at which competitions take place before a public audience. History: 1Sp1989 c 1 art 18 s 9; 1991 c 337 s 12; 1996 c 457 s 10; 2002 c 312 s 2; 2014 c 225 s 4; 2014 c 312 art 13 s 24 Minn. Stat. §115A.46 REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLAN; REQUIREMENTS. Subdivision 1.General. (a) Plans shall address the state policies and purposes expressed in section 115A.02 and may not be inconsistent with state law. (b) Plans for the location, establishment, operation, maintenance, and postclosure use of facilities and facility sites, for ordinances, and for licensing, permit, and enforcement activities shall be consistent with the rules adopted by the agency pursuant to chapter 116. (c) Plans shall address: (1) the resolution of conflicting, duplicative, or overlapping local management efforts; (2) the establishment of joint powers management programs or waste management districts where appropriate; and (3) other matters as the rules of the agency may require consistent with the purposes of sections 115A.42 to 115A.46. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 (d) Political subdivisions preparing plans under sections 115A.42 to 115A.46 shall consult with persons presently providing solid waste collection, processing, and disposal services. (e) Plans must be submitted to the commissioner for approval. When a county board is ready to have a final plan approved, the county board shall submit a resolution requesting review and approval by the commissioner. After receiving the resolution, the commissioner shall notify the county within 45 days whether the plan as submitted is complete and, if not complete, the specific items that need to be submitted to make the plan complete. Within 90 days after a complete plan has been submitted, the commissioner shall approve or disapprove the plan. If the plan is disapproved, reasons for the disapproval must be provided. (f) After initial approval, each plan must be updated and submitted for approval at least every ten years. The plan must be revised as necessary so that it is not inconsistent with state law. (g) Rules that regulate plan content under subdivision 2 must reflect demographic, geographic, regional, and solid waste system differences that exist among the counties. Subd. 2.Contents. (a) The plans shall describe existing collection, processing, and disposal systems, including schedules of rates and charges, financing methods, environmental acceptability, and opportunities for improvements in the systems. (b) The plans shall include an estimate of the land disposal capacity in acre-feet which will be needed through the year 2000, on the basis of current and projected waste generation practices. In assessing the need for additional capacity for resource recovery or land disposal, the plans shall take into account the characteristics of waste stream components and shall give priority to waste reduction, separation, and recycling. (c) The plans shall require the most feasible and prudent reduction of the need for and practice of land disposal of mixed municipal solid waste. (d) The plans shall address at least waste reduction, separation, recycling, and other resource recovery options, and shall include specific and quantifiable objectives, immediately and over specified time periods, for reducing the land disposal of mixed municipal solid waste and for the implementation of feasible and prudent reduction, separation, recycling, and other resource recovery options. These objectives shall be consistent with statewide objectives as identified in statute. The plans shall describe methods for identifying the portions of the waste stream such as leaves, grass, clippings, tree and plant residue, and paper for application and mixing into the soil and use in agricultural practices. The plans shall describe specific functions to be performed and activities to be undertaken to achieve the abatement, reduction, separation, recycling, and other resource recovery objectives and shall describe the estimated cost, proposed manner of financing, and timing of the functions and activities. The plans shall describe proposed mechanisms for complying with the recycling requirements of section 115A.551, and the household hazardous waste management requirements of section 115A.96, subdivision 6. (e) The plans shall include a comparison of the costs of the activities to be undertaken, including capital and operating costs, and the effects of the activities on the cost to generators and on persons currently providing solid waste collection, processing, and disposal services. The plans shall include alternatives which could be used to achieve the abatement objectives if the proposed functions and activities are not established. (f) The plans shall designate how public education shall be accomplished. The plans shall, to the extent practicable and consistent with the achievement of other public policies and purposes, encourage ownership and operation of solid waste facilities by private industry. For solid waste facilities owned or operated by public agencies or supported primarily by public funds or obligations issued by a public DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 agency, the plans shall include criteria and standards to protect comparable private and public facilities already existing in the area from displacement unless the displacement is required in order to achieve the waste management objectives identified in the plan. (g) The plans shall establish a siting procedure and development program to assure the orderly location, development, and financing of new or expanded solid waste facilities and services sufficient for a prospective ten-year period, including estimated costs and implementation schedules, proposed procedures for operation and maintenance, estimated annual costs and gross revenues, and proposals for the use of facilities after they are no longer needed or usable. (h) The plans shall describe existing and proposed county and municipal ordinances and license and permit requirements relating to solid waste management and shall describe existing and proposed regulation and enforcement procedures. Subd. 3. [Repealed, 1984 c 644 s 82] Subd. 4. Delegating solid waste responsibilities. A county or a solid waste management district established under sections 115A.62 to 115A.72 may not delegate to another governmental unit or other person any portion of its responsibility for solid waste management unless it establishes a funding mechanism to assure the ability of the entity to which it delegates responsibility to adequately carry out the responsibility delegated. Subd. 5. Jurisdiction of plan. (a) After a county plan has been submitted for approval under subdivision 1, a public entity, as defined in section 16C.073, subdivision 1, within the county may not enter into a binding agreement governing a solid waste management activity that is inconsistent with the county plan without the consent of the county. (b) After a county plan has been approved under subdivision 1, the plan governs all solid waste management in the county and a public entity, as defined in section 16C.073, subdivision 1, within the county may not develop or implement a solid waste management activity, other than an activity to reduce waste generation or reuse waste materials, that is inconsistent with the county plan that the county is actively implementing without the consent of the county. History: 1980 c 564 art 5 s 5; 1982 c 569 s 13; 1984 c 644 s 32,33; 1987 c 404 s 140; 1989 c 131 s 3; 1989 c 325 s 6; 1989 c 335 art 1 s 269; 1Sp1989 c 1 art 20 s 3,4; 1991 c 337 s 15,16; 1995 c 247 art 1 s 8; art 2 s 12; 2003 c 13 s 1; 1Sp2005 c 1 art 2 s 161; 2014 c 196 art 1 s 5 Minn. Stat. §115A.471 PUBLIC ENTITIES; MANAGING SOLID WASTE. Subdivision 1. Definitions. (a) Prior to entering into or approving a contract for the management of mixed municipal solid waste which would manage the waste using a waste management practice that is ranked lower on the list of preferred waste management practices in section 115A.02, paragraph (b), than the waste management practice selected for such waste in the county plan for the county in which the waste was generated, a public entity must: DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 (1) determine the potential liability to the public entity and its taxpayers for managing the waste in this manner; (2) develop and implement a plan for managing the potential liability; and (3) submit the information from clauses (1) and (2) to the agency. (b) For the purpose of this subdivision, "public entity" means the state; an office, agency, or institution of the state; the Metropolitan Council; a metropolitan agency; the Metropolitan Mosquito Control District; the legislature; the courts; a county; a statutory or home rule charter city; a town; a school district; another special taxing district; or any other general or special purpose unit of government in the state. History: 1995 c 247 art 1 s 9 Minn Stat. §115A.551 RECYCLING. Subdivision 1. Definitions. (a) For the purposes of this section, "recycling" means, in addition to the meaning given in section 115A.03, subdivision 25b, yard waste and source-separated compostable materials composting and recycling that occurs through mechanical or hand separation of materials that are then delivered for use in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. (b) For the purposes of this section, "total solid waste generation" means the total by weight of: (1) materials separated for recycling; (2) materials separated for yard waste and source-separated compostable materials composting; (3) mixed municipal solid waste plus motor and vehicle fluids and filters, tires, lead acid batteries, and major appliances; and (4) residential waste materials that would be mixed municipal solid waste but for the fact that they are not collected as such. Subd. 2 [Repealed, 2014 c 312 art 13 s 48] Subd. 2a. County recycling goals. (a) By December 31, 2030, each county will have as a goal to recycle the following amounts: (1) for a county outside of the metropolitan area, 35 percent by weight of total solid waste generation; and (2) for a metropolitan county, 75 percent by weight of total solid waste generation. (b) Each county will develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal. Nothing in this section or in any other law may be construed to prohibit a county from establishing a higher recycling goal. (c) Any quantified recyclable materials that meet the definition in subdivision 1, paragraph (a), or section 115A.03, subdivision 25a, are eligible to be counted toward a county's recycling goal under this subdivision. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 3. Interim goals; nonmetropolitan counties. The commissioner shall establish interim recycling goals for the nonmetropolitan counties to assist them in meeting the goals established in subdivision 2a. Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each county toward meeting the recycling goals in subdivision 2a. The commissioner shall report to the senate and house of representatives committees having jurisdiction over environment and natural resources as part of the report required under section 115A.411. If the commissioner finds that a county is not progressing toward the goals in subdivision 2a, the commissioner shall negotiate with the county to develop and implement solid waste management techniques designed to assist the county in meeting the goals, such as organized collection, curbside collection of source-separated materials, and volume-based pricing. Subd. 5. Failure to meet goal. (a) A county failing to meet the interim goals in subdivision 3 shall, as a minimum: (1) notify county residents of the failure to achieve the goal and why the goal was not achieved; and (2) provide county residents with information on recycling programs offered by the county. (b) If, based on the recycling monitoring described in subdivision 4, the commissioner finds that a county will be unable to meet the recycling goals established in subdivision 2a, the commissioner shall, after consideration of the reasons for the county's inability to meet the goals, recommend legislation for consideration by the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance to establish mandatory recycling standards and to authorize the commissioner to mandate appropriate solid waste management techniques designed to meet the standards in those counties that are unable to meet the goals. Subd. 6. County solid waste plans. Each county shall include in its solid waste management plan described in section 115A.46, or its solid waste master plan described in section 473.803, a recycling implementation strategy for meeting the recycling goal established in subdivision 2a along with mechanisms for providing financial incentives to solid waste generators to reduce the amount of waste generated and to separate recyclable materials from the waste stream. Subd. 7. Recycling implementation strategy. Each county shall submit to the commissioner for approval the recycling implementation strategy required in subdivision 6. The recycling implementation strategy must be submitted by October 31, 1995, and must: (1) be consistent with the approved county solid waste management plan; (2) identify the materials that are being and will be recycled in the county to meet the goals under this section and the parties responsible and methods for recycling the material; (3) provide a budget to ensure adequate funding for needed county and local programs and demonstrate an ongoing commitment to spending the money on recycling programs; and (4) include a schedule for implementing recycling activities needed to meet the goals in subdivision 2a. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 History: 1Sp1989 c 1 art 18 s 12; 1991 c 337 s 19-21; 1992 c 593 art 1 s 14-16,54; 1993 c 249 s 13,14,61; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 14-17; art 2 s 15; 1996 c 470 s 27; 1999 c 73 s 4; 1Sp2005 c 1 art 2 s 161; 2012 c 272 s 67,68; 2014 c 312 art 13 s 26,27; 1Sp2015 c 4 art 4 s 108; 2016 c 158 art 1 s 26-28 Minn. Stat. §115A.552 OPPORTUNITY TO RECYCLE. Subdivision 1. County requirement. Counties shall ensure that residents, including residents of single and multifamily dwellings, have an opportunity to recycle. At least one recycling center shall be available in each county. Opportunity to recycle means availability of recycling and curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use. Counties shall also provide for the recycling of problem materials and major appliances. Counties shall assess the operation of existing and proposed recycling centers and shall give due consideration to those centers in ensuring the opportunity to recycle. To the extent practicable, the costs incurred by a county for collection, storage, transportation, and recycling of major appliances must be collected from persons who discard the major appliances. Subd. 2. Recycling opportunities. An opportunity to recycle must include: (1) a local recycling center in the county and sites for collecting recyclable materials that are located in areas convenient for persons to use them; (2) curbside pickup, centralized drop-off, or a local recycling center for at least four broad types of recyclable materials in cities with a population of 5,000 or more persons; and (3) monthly pickup of at least four broad types of recyclable materials in cities of the first and second class and cities with 5,000 or more population in the metropolitan area. Subd. 3. Recycling information, education, and promotion. (a) Each county shall provide information on how, when, and where materials may be recycled, including a promotional program that publishes notices at least once every three months and encourages source separation of residential, commercial, industrial, and institutional materials. (b) The commissioner shall develop materials for counties to use in providing information on and promotion of recycling. (c) The commissioner shall provide technical assistance to counties to help counties implement recycling programs. § Subd. 4 .Nonresidential recycling. Each county shall encourage building owners and managers, business owners and managers, and collectors of commercial mixed municipal solid waste to provide appropriate recycling services and opportunities to generators of commercial, industrial, and institutional solid waste in the county. History: 1Sp1989 c 1 art 18 s 13; 1991 c 337 s 22-24; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Minn. Stat. §115A.557 COUNTY WASTE REDUCTION AND RECYCLING FUNDING. Subdivision 1. Distribution; formula. Any funds appropriated to the commissioner for the purpose of distribution to counties under this section must be distributed each fiscal year by the commissioner based on population, except a county may not receive less than $55,000 in a fiscal year. If the amount available for distribution under this section is less or more than the amount available in fiscal year 2001, the minimum county payment under this section is reduced or increased proportionately. For purposes of this subdivision, "population" has the definition given in section 477A.011, subdivision 3. A county that participates in a multicounty district that manages solid waste and that has responsibility for recycling programs as authorized in section 115A.552, must pass through to the districts funds received by the county in excess of the minimum county payment under this section in proportion to the population of the county served by that district. Subd. 2. Permissible expenditures. (a) A county receiving money distributed by the commissioner under this section may use the money only for the development and implementation of programs to: (1) reduce the amount of solid waste generated; (2) recycle the maximum amount of solid waste technically feasible; (3) create and support markets for recycled products; (4) remove problem materials from the solid waste stream and develop proper disposal options for them; (5) inform and educate all sectors of the public about proper solid waste management procedures; (6) provide technical assistance to public and private entities to ensure proper solid waste management; (7) provide educational, technical, and financial assistance for litter prevention; (8) process mixed municipal solid waste generated in the county at a resource recovery facility located in Minnesota; (9) compost source-separated compostable materials, including the provision of receptacles for residential composting; (10) prevent food waste or collect and transport food donated to humans or to be fed to animals; and (11) process source-separated compostable materials that are to be used to produce class I or class II compost, as defined in Minnesota Rules, part 7035.2836, after being processed in an anaerobic digester, but not to construct buildings or acquire equipment. (b) Beginning in fiscal year 2015 and continuing thereafter, of any money distributed by the commissioner under this section to a metropolitan county, as defined in section 473.121, subdivision 4, that exceeds the amount the county was eligible to receive under this section in fiscal year 2014: (1) at least 50 percent must be expended on activities in paragraph (a), clauses (9) to (11); and (2) the remainder must be expended on activities in paragraph (a), clauses (1) to (7) and (9) to (11), that advance the county toward achieving its recycling goal under section 115A.551. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Subd. 3. Eligibility. (a) To be eligible to receive money distributed by the commissioner under this section, a county shall within one year of October 4, 1989: (1) create a separate account in its general fund to credit the money; and (2) set up accounting procedures to ensure that money in the separate account is spent only for the purposes in subdivision 2. (b) In each following year, each county shall also: (1) have in place an approved solid waste management plan or master plan including a recycling implementation strategy under section 115A.551, subdivision 7, and a household hazardous waste management plan under section 115A.96, subdivision 6, by the dates specified in those provisions; (2) submit a report by April 1 of each year to the commissioner, which may be submitted electronically and must be posted on the agency's website, detailing for the previous calendar year: (i) how the money was spent including, but not limited to, specific recycling and composting activities undertaken to increase the county's proportion of solid waste recycled in order to achieve its recycling goal established in section 115A.551; specific information on the number of employees performing SCORE planning, oversight, and administration; the percentage of those employees' total work time allocated to SCORE planning, oversight, and administration; the specific duties and responsibilities of those employees; and the amount of staff salary for these SCORE duties and responsibilities of the employees; and (ii) the resulting gains achieved in solid waste management practices; and (3) provide evidence to the commissioner that local revenue equal to 25 percent of the money sought for distribution under this section will be spent for the purposes in subdivision 2. (c) The commissioner shall withhold all or part of the funds to be distributed to a county under this section if the county fails to comply with this subdivision and subdivision 2. Subd. 4. Report. The commissioner shall report on how the money was spent and the resulting statewide improvements in solid waste management to the senate and house of representatives committees having jurisdiction over ways and means, finance, environment and natural resources, and environment and natural resources finance. The report shall be included in the report required under section 115A.411. History: 1Sp1989 c 1 art 19 s 1; 1991 c 337 s 26; 1992 c 593 art 1 s 17,54; 1994 c 585 s 13; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 19,20; 1996 c 470 s 27; 2000 c 490 art 10 s 1; 1Sp2001 c 2 s 125; 2002 c 374 art 6 s 2; 2004 c 284 art 2 s 11; 1Sp2005 c 1 art 2 s 161; 2009 c 37 art 1 s 42; 2012 c 272 s 69; 2014 c 312 art 13 s 28,29; 1Sp2015 c 4 art 4 s 109 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Chapter 473 METROPOLITAN GOVERNMENT Minn. Stat. §473.8441 LOCAL RECYCLING DEVELOPMENT PROGRAM. Subdivision 1.Definitions. "Number of households" has the meaning given in Minnesota Statutes 1992, section 477A.011, subdivision 3a. Subd. 2. Program. The commissioner shall encourage the development of permanent local recycling programs throughout the metropolitan area. The commissioner shall make grants to qualifying metropolitan counties as provided in this section. Subd. 3. Grants; eligible costs. Grants may be used to pay for planning, developing, and operating yard waste composting and recycling programs. Subd. 4. Grant conditions. The commissioner shall administer grants so that the following conditions are met: (a) A county must apply for a grant in the manner determined by the commissioner. The application must describe the activities for which the grant will be used. (b) The activities funded must be consistent with the metropolitan policy plan and the county master plan. (c) A grant must be matched by equal local expenditures for the activities for which the grant is made. A local expenditure may include, but is not limited to, an expenditure by a local unit of government, tribal government, or private sector or nonprofit organization. (d) All grant funds must be used for new activities or to enhance or increase the effectiveness of existing activities in the county. Grant funds shall not be used for research or development of a product that would be patented, copyrighted, or a subject of trade secrets. (e) Counties shall provide support to maintain effective municipal recycling where it is already established. Subd. 5. Grant allocation procedure. (a) The commissioner shall distribute the funds annually so that each qualifying county receives an equal share of 50 percent of the allocation to the program described in this section, plus a proportionate share of the remaining funds available for the program. A county's proportionate share is an amount that has the same proportion to the total remaining funds as the number of households in the county has to the total number of households in all metropolitan counties. (b) To qualify for distribution of funds, a county, by April 1 of each year, must submit to the commissioner for approval a report on expenditures and activities under the program during the preceding fiscal year and any proposed changes in its recycling implementation strategy or performance funding system. The report shall be included in the county report required by section 473.803, subdivision 3. History: 1987 c 348 s 46; 1989 c 325 s 63; 1993 c 249 s 41; 1995 c 247 art 2 s 47-49; 1Sp2005 c 1 art 2 s 161; 2016 c 158 art 1 s 194; 2018 c 134 s 1 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Minn. Stat. § 473.848 RESTRICTION ON DISPOSAL. Subdivision 1. Restriction. (a) For the purposes of implementing the waste management policies in section 115A.02 and metropolitan area goals related to landfill abatement established under this chapter, a person may not dispose of unprocessed mixed municipal solid waste generated in the metropolitan area at a waste disposal facility unless the waste disposal facility meets the standards in section 473.849 and: (1) the waste has been certified as unprocessible by a county under subdivision 2; or (2)(i) the waste has been transferred to the disposal facility from a resource recovery facility; (ii) no other resource recovery facility serving the metropolitan area is capable of processing the waste; and (iii) the waste has been certified as unprocessible by the operator of the resource recovery facility under subdivision 3. (b) For purposes of this section, mixed municipal solid waste does not include street sweepings, construction debris, mining waste, foundry sand, and other materials, if they are not capable of being processed by resource recovery as determined by the council. Subd. 2. County certification; office approval. (a) By April 1 of each year, each county shall submit an annual certification report to the office detailing: (1) the quantity of waste generated in the county that was not processed prior to transfer to a disposal facility during the year preceding the report; (2) the reasons the waste was not processed; (3) a strategy for development of techniques to ensure processing of waste including a specific timeline for implementation of those techniques; and (4) any progress made by the county in reducing the amount of unprocessed waste. The report shall be included in the county report required by section 473.803, subdivision 3. (b) The Pollution Control Agency shall approve a county's certification report if it determines that the county is reducing and will continue to reduce the amount of unprocessed waste, based on the report and the county's progress in development and implementation of techniques to reduce the amount of unprocessed waste transferred to disposal facilities. If the Pollution Control Agency does not approve a county's report, it shall negotiate with the county to develop and implement specific techniques to reduce unprocessed waste. If the Pollution Control Agency does not approve two or more consecutive reports from any one county, the Pollution Control Agency shall develop specific reduction techniques that are designed for the particular needs of the county. The county shall implement those techniques by specific dates to be determined by the Pollution Control Agency. Subd. 3. Facility certification. The operator of each resource recovery facility that receives waste from counties in the metropolitan area shall certify as unprocessible each load of mixed municipal solid waste it does not process. Certification must be made to each county that sends its waste to the facility at intervals specified by the county. Certification must include at least the number and size of loads certified as unprocessible and the reasons the waste is unprocessible. Loads certified as unprocessible must include the loads that would otherwise have been processed but were not processed because the facility was not in operation, DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 but nothing in this section relieves the operator of its contractual obligations to process mixed municipal solid waste. Subd. 4. Pollution Control Agency report. The Pollution Control Agency shall include, as part of its report to the Environment and Natural Resources Committees of the senate and house of representatives, the Finance Division of the senate Committee on Environment and Natural Resources, and the house of representatives Committee on Environment and Natural Resources Finance required under section 473.149, an accounting of the quantity of unprocessed waste transferred to disposal facilities, the reasons the waste was not processed, a strategy for reducing the amount of unprocessed waste, and progress made by counties to reduce the amount of unprocessed waste. The Pollution Control Agency may adopt standards for determining when waste is unprocessible and procedures for expediting certification and reporting of unprocessed waste. Subd. 5. Definition. For the purpose of this section, waste is "unprocessed" if it has not, after collection and before disposal, undergone separation of materials for resource recovery through recycling, incineration for energy production, production and use of refuse-derived fuel, composting, or any combination of these processes so that the weight of the waste remaining that must be disposed of in a mixed municipal solid waste disposal facility is not more than 35 percent of the weight before processing, on an annual average. History: 1985 c 274 s 35; 1989 c 325 s 66; 1991 c 337 s 81,82; 1993 c 249 s 43,44; 1994 c 585 s 49,50; 1995 c 247 art 2 s 51,52; 1996 c 470 s 27; 1Sp2005 c 1 art 2 s 161 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 CHAPTER 16C. STATE PROCUREMENT Minn. Stat. § 16C.05 CONTRACT MANAGEMENT; VALIDITY AND REVIEW. Subdivision 1. Agency cooperation and delegation. Agencies shall fully cooperate with the commissioner in the creation, management, and oversight of state contracts. Authority delegated to agencies shall be exercised in the name of the commissioner and under the commissioner's direct supervision and control. A delegation of duties may include, but is not limited to, allowing individuals within agencies to acquire goods, services, construction, and utilities within dollar limitations and for designated types of acquisitions. Delegation of contract management and review functions must be filed with the secretary of state. The commissioner may withdraw any delegation at the commissioner's sole discretion. The commissioner may require an agency head or subordinate to accept delegated responsibility to procure goods, services, or construction intended for the exclusive use of the agency receiving the delegation. Subd. 2. Creation and validity of contracts. (a) A contract and amendments are not valid and the state is not bound by them and no agency, without the prior written approval of the commissioner granted pursuant to subdivision 2a, may authorize work to begin on them unless: (1) they have first been executed by the head of the agency or a delegate who is a party to the contract; (2) they have been approved by the commissioner; and (3) the accounting system shows an encumbrance for the amount of the contract liability, except as allowed by policy approved by the commissioner and commissioner of management and budget for routine, low-dollar procurements and section 16B.98, subdivision 11. (b) Grants, interagency agreements, purchase orders, work orders, and annual plans need not, in the discretion of the commissioner and attorney general, require the signature of the commissioner and/or the attorney general. A signature is not required for work orders and amendments to work orders related to Department of Transportation contracts. Bond purchase agreements by the Minnesota Public Facilities Authority do not require the approval of the commissioner. (c) Amendments to contracts must entail tasks that are substantially similar to those in the original contract or involve tasks that are so closely related to the original contract that it would be impracticable for a different contractor to perform the work. The commissioner or an agency official to whom the commissioner has delegated contracting authority under section 16C.03, subdivision 16, must determine that an amendment would serve the interest of the state better than a new contract and would cost no more. (d) A record must be kept of all responses to solicitations, including names of bidders and amounts of bids or proposals. A fully executed copy of every contract, amendments to the contract, and performance evaluations relating to the contract must be kept on file at the contracting agency for a time equal to that specified for contract vendors and other parties in subdivision 5. These records are open to public inspection, subject to section 13.591 and other applicable law. (e) The attorney general must periodically review and evaluate a sample of state agency contracts to ensure compliance with laws. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 (f) Before executing a contract or license agreement involving intellectual property developed or acquired by the state, a state agency shall seek review and comment from the attorney general on the terms and conditions of the contract or agreement. Subd. 2a. Emergency authorization. The commissioner may grant an agency approval to authorize work to begin on a contract prior to the full execution of the contract in the event of an emergency as defined in section 16C.10, subdivision 2. Subd. 3. [Repealed by amendment, 2014 c 196 art 2 s 4] Subd. 4. Contract administration. A contracting agency shall diligently administer and monitor any contract it has entered into. The commissioner may require an agency to report to the commissioner at any time on the status of any contracts to which the agency is a party. Subd. 5. Subject to audit. A contract or any pass-through disbursement of public funds to a vendor of goods or services or a grantee made by or under the supervision of the commissioner or any county or unit of local government must include, expressed or implied, an audit clause that provides that the books, records, documents, and accounting procedures and practices of the vendor or other party, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. If the contracting agency is a local unit of government, and the governing body of the local unit of government requests that the state auditor examine the books, records, documents, and accounting procedures and practices of the vendor or other party pursuant to this subdivision, the contracting agency shall be liable for the cost of the examination. If the contracting agency is a local unit of government, and the grantee, vendor, or other party requests that the state auditor examine all books, records, documents, and accounting procedures and practices related to the contract, the grantee, vendor, or other party that requested the examination shall be liable for the cost of the examination. An agency contract made for purchase, lease, or license of software and data from the state is not required to contain this audit clause. Subd. 6. Authority of attorney general. The attorney general may pursue remedies available by law to avoid the obligation of an agency to pay under a contract or to recover payments made if services performed or goods received under the contract are so unsatisfactory, incomplete, or inconsistent that payment would involve unjust enrichment. The contrary opinion of the contracting agency does not affect the power of the attorney general under this subdivision. Subd. 7. Contracts with Indian tribes and bands. Notwithstanding any other law, an agency may not require an Indian tribe or band to deny its sovereignty as a requirement or condition of a contract with an agency. History: 1994 c 632 art 3 s 33; 1998 c 386 art 1 s 6; 1999 c 86 art 1 s 11; 1999 c 230 s 1; 2000 c 488 art 2 s 1; 1Sp2001 c 8 art 2 s 10; 1Sp2001 c 10 art 2 s 37; 2003 c 130 s 12; 1Sp2003 c 1 art 2 s 48,49; 2004 c 206 s 7; 2007 c 148 art 2 s 35,36; 2009 c 101 art 2 s 109; 2014 c 187 s 3; 2014 c 196 art 1 s 5; art 2 s 4 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 Contract number: C0010116 The annual tonnage goal for Lino Lakes is: 2,357 tons Dated: 09/08/23 Dated: 09/08/2023 7,031.00$ 15,000.00$ Amount Requested Amount Awarded General Enhancement Grant Amount Eligible 15,290.00$ 1,802.00$ The Grant Funding Award for Lino Lakes is as follows: 2,385.00$ Amount Eligible 4,200.00$ 50,540.00$ 74,217.00$ Reviewed by: Jill Curran 4,200.00$ 50,540.00$ 74,217.00$ To the extent that the Municipality requested funds in excess of the total eligible amount, the excess amount in any category is denied. 7,031.00$ 81,795.00$ Total Funding Award (Base + Enhancement + Labor & Staffing and Supplemental) Labor & Staffing 74,217.00$ 2024 Anoka County Municipal Waste Abatement Grant Funding Award Letter The Municipality of Lino Lakes is eligible for a total of $74,217.00 for their Municipal program abatement efforts in 2024, plus if awarded upon request up to an additional $20,000.00. The total funding for the 2024 Residential Recycling Program is based on the budgeted amounts stated in the Municipal Waste Abatement Grant Funding Application. Amount Requested Amount Awarded Base Funding Allocation 45,155.00$ 2,385.00$ 15,290.00$ 1,802.00$ Drop-off Grant Organics Grant -$ Total (Base + Enhancement Funding + Labor & Staffing) Supplemental Funding -$ 7,578.00$ 7,578.00$ Approved by: Alison Peterson DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 1 of 14 Anoka County Municipal Waste Abatement Grant Funding Application Cycle: Annual | Year: 2023 | Status: Verified Member Name: City of Lino Lakes 2024 Applications are due June 2, 2023. City of Lino Lakes is requesting the following funding for their 2024 Anoka County municipal waste abatement program efforts. General Instructions This application is provided to each municipality in Anoka County for funds to support and increase recycling activities and programs within the municipality. The funds allocated in this application are based on the number of households in the municipality. The number of households is determined using the most current Met Council household data available. For calendar year 2024, 2021 Met Council data has been used to determine the number of households for this application. There are three sections in this funding application: • Base Funding • Enhancement Funding • Supplemental Funding The Enhancement Funding section of the application also has three parts: • Drop-off • General Enhancement • Organics Program Funding Please complete each section of the grant application. A number value must be entered in each field before submitting the application. If no funds are being requested for any given field, enter a zero. If a completed funding application isn’t submitted by June 2, 2023, the municipality will not be eligible for funding. In a separate Re-TRAC form, reimbursement requests will be submitted twice a year. USER TIPS To contact support from within this form: Click “Support” at the top of the screen or “Program Support Request” in the green bar at the top of the form. To print this form: Click the “Export” button found on upper top right corner of the form. You must save the form before you can export it. To see eligible expenses within each section: Click “view eligible expense" in each section. Click here to download the full Eligible Expenses document. To save this form while working on it: Click “Save” at the bottom of the form and select “Save as Dra”. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 2 of 14 To submit this form: Click “Save” at the bottom of the form and if there are no errors, click the “Mark as Complete” option. Note that once you mark the form as complete, you cannot make changes to it. Eligible Expenses The following items are examples of eligible expenses allowed for reimbursement. Collection Expenses: If residents are charged recycling fees for curbside or recycling events, waste abatement funds will reimburse the difference between the fees collected and the cost of recycling or composting the materials. Equipment: The cost to purchase, maintain and repair equipment that is used exclusively to operate the recycling or composting program. Containers: The cost for recycling or organics containers. Promotion: The entire cost of a publication if totally dedicated to waste reduction, recycling or composting information or a percentage of the cost for the portion of a municipal publication dedicated to waste management information. Staffing: Labor and staffing directly related to recycling program administration and implementation may be funded up to 75% of total funding allocation. See Labor & Staffing section below for more information. Ineligible Expenses The following general operating expenses should NOT be submitted for reimbursement. Standard Operational Expenses/Building Overhead: Since most of the municipal recycling coordinators are part-time positions and staff serve multiple roles at the municipality, standard operating expenses including office space rental, leasing office equipment and general office supplies, are not eligible for reimbursement. Project Expenses: Specific to transportation, energy or ground water protection. Collection Costs: The costs for general waste and recycling collection at municipal buildings, trash costs when advertised as being accepted at a recycling/cleanup day, and costs associated with road side cleanup of illegally dumped materials should not be included in this application. General Municipal Staff: Staff time related to standard municipal operations (city administrator, office administration, facilities management, finance and legal staff) are not eligible for reimbursement. If municipal staff do not assist the recycling coordinator directly on activities to help the municipality achieve its recycling goal, e.g. communications and collecting, processing or marketing recyclable materials and organics, their time will not be reimbursed. Click here to view previous years application: Click here to download the full Eligible Expenses document. 2024 Total Funding Allocation MANAGE ONLY DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 3 of 14 (An additional $20,000 in discretionary funds may be available through the Supplemental Funding section.) 2024 BASE Funding Allocation All municipalities are eligible for base waste abatement grant funding. When completing this application, base funding requests should fall under one of the following categories: • regular curbside collection, • general operations of a drop-off center, • costs for spring and fall recycling days, • basic promotion, • yard waste collection and • percentage of time the recycling coordinator spends on waste abatement activities. Base Funding is $10,000.00 base, plus $5.00/household (household counts are based on 2021 Met Council estimates) Municipality Name: City of Lino Lakes Base Funding $10,000.00 Base Funding Additional (based on $5/household)$35,155.00 Total Base Funding Allocation $45,155.00 Curbside Collection Complete ALL required fields below, if value is zero, enter "0.00". Click here to download the Curbside Collection Eligible Expenses document. Collection Service Provider Expenses *$0.00 Contamination Fees *$0.00 Additional Expenses *$0.00 Curbside Collection Expense Subtotal $ 0.00 Estimated Revenue *$0.00 Your Community has access to the following funds for 2024:$74,217.00 # of households 7,031 MANAGE ONLY DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 4 of 14 Curbside Collection Expenses $ 0.00 Negative values here will not carry forward to other sections. General Operations of a Drop-Off Center/Spring or Fall Recycling Day(s) Click here to download the General Operations of a Drop-off Center/Spring or Fall Recycling Days Eligible Expenses document. Complete ALL required fields below, if value is zero, enter "0.00". DO NOT include any expenses for tires, oil, antifreeze & oil filters. These expenses should be listed in the Problem Materials section. Collection Service Provider Expenses *$0.00 Equipment *$0.00 Facility Expenses *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. General Operations of a Drop-off Expense Subtotal $ 0.00 Estimated Revenue *$0.00 General Operations of a Drop-off Expenses $ 0.00 Negative values here will not carry forward to other sections. Promotion -- Base Funding Click here to download the Promotion Eligible Expenses document. Complete ALL required fields below, if value is zero, enter "0.00". Printing *$1,000.00 Postage *$400.00 Advertising *$0.00 Volunteer Incentives *$0.00 Educational Entertainment *$950.00 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 5 of 14 Promotion -- Base Funding Expenses $ 2,350.00 Yard Waste/Tree Waste Click here to download the Yard/Tree Waste Eligible Expenses document. Complete ALL required fields below, if value is zero, enter "0.00". Collection Service Provider Expenses *$0.00 Equipment *$0.00 Yard Waste/Tree Waste Expenses Subtotal $ 0.00 Estimated Revenue *$0.00 Yard Waste/Tree Waste Expenses $ 0.00 Negative values here will not carry forward to other sections. Problem Materials (Tires, Oil, Antifreeze, and Oil Filters) Click here to download the Problem Materials Eligible Expenses document. Complete ALL required fields below, if value is zero, enter "0.00". Service Provider Expenses *$0.00 Estimated Revenue *$0.00 Problem Material Expenses $ 0.00 Negative values here will not carry forward to other sections. Program Administration -- Base Funding Click here to download the Program Administration Eligible Expenses document. Complete ALL required fields below, if value is zero, enter "0.00". Office supplies *$0.00 Training *$0.00 Mileage *$0.00 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 6 of 14 Membership Dues, Periodicals *$35.00 Professional Services *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Program Administration- Base Funding Expenses $ 35.00 Total BASE Funding Requested $2,385.00 Funding Remaining $71,832.00 2024 ENHANCEMENT Funding Allocation The purpose of the Anoka County Municipal Waste Abatement grant funding program is to increase recycling and organics diversion and help the County achieve the State mandated goal of 75% recycling/composting by 2030. The County recognizes that this funding is needed to support established infrastructure costs that exceed the Base and each communities funding. To be eligible for grant funds, municipalities must apply for these funds. Applicants must itemize expenditures within each of the three grant sections, Drop-off, General Enhancement and Organics Program, below and calculate the total grant request for each category. Drop-off Grant This grant is allocated to cover additional drop-off center costs or events beyond the regularly scheduled spring and fall recycling days. The grant for this section is $10,000.00 for municipalities with up to 4,999 households and $15,000.00 for municipalities with household counts 5,000 and over. Below are examples of materials that can be collected for reuse or recycling. Only list organics expenses in the organics section. Additional Reusable or Recyclable Materials Collected at Permanent Drop-off Centers or Special Events: Appliances, Electronics, Mattresses*, Confidential Document Destruction, Fluorescent Bulbs, Household Batteries, Fire Extinguishers, Propane Tanks, Bicycles**, and Clothing**. Additional Items: Block and Shape Polystyrene, Cell Phones, Film Plastic/Bags, Furniture* **, Household Goods**, String Lights/Extension Cords, Printer Cartridges * None of these materials should be advertised as being collected on a Recycling Day and then disposed of as trash ** Items that should be evaluated for reuse prior to recycling Click here to download the Drop-off Eligible Expenses document. Drop-off Grant Amount Available $ 15,000.00 MANAGE ONLY DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 7 of 14 Permanent Drop-off Center Enhancements Complete ALL required fields below, if value is zero, enter "0.00". Collection Service Provider Expenses *$0.00 New Equipment & Supplies *$0.00 New Construction *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Permanent Drop-off Center Enhancement Expenses Subtotal $ 0.00 Estimated Revenue *$0.00 Permanent Drop-off Center Enhancement Expenses $ 0.00 Negative values here will not carry forward to other sections. Monthly or Quarterly Drop-off Events Complete ALL required fields below, if value is zero, enter "0.00". Collection Service Provider Expenses *$15,290.00 New Equipment & Supplies *$0.00 User Coupon Incentives *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Monthly or Quarterly Drop-off Events Expense Subtotal $ 15,290.00 Estimated Revenue *$0.00 Monthly or Quarterly Drop-off Event Expenses $ 15,290.00 Negative values here will not carry forward to other sections. Total Drop-off Grant Requested $ 15,290.00 General Enhancement Grant DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 8 of 14 The grant amount available for this section is calculated using $1.00/household. General Enhancement Grant Amount Available $ 7,031.00 Click here to download the General Enhancement Eligible Expenses document. Park Recycling Complete ALL required fields below, if value is zero, enter "0.00". Collection Service Provider Expenses *$1,502.00 Recycling Containers *$0.00 Recycling Bags *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Park Recycling Expenses $ 1,502.00 Special Municipal Programs or Events - Please list any organics expenses in the organics section. Complete ALL required fields below, if value is zero, enter "0.00". Service Provider Expenses *$300.00 Supplies & Containers *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Special Municipal Program or Event Expenses Subtotal $ 300.00 Estimated Revenue *$0.00 Special Municipal Program or Event Expenses $ 300.00 Negative values here will not carry forward to other sections. Special Curbside Recycling Collection Complete ALL required fields below, if value is zero, enter "0.00". Collection Service Provider Expenses *$0.00 Subsidy to Resident *$0.00 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 9 of 14 Special Curbside Recycling Collection Expenses Subtotal $ 0.00 Estimated Revenue *$0.00 Special Curbside Recycling Collection Expenses $ 0.00 Negative values here will not carry forward to other sections. Multi-Family Recycling Outreach Complete ALL required fields below, if value is zero, enter "0.00". Supplies & Containers *$0.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Multi-Family Recycling Outreach Expenses $ 0.00 Promotion -- Enhancement Funding Complete ALL required fields below, if value is zero, enter "0.00". Printing *$0.00 Postage *$0.00 Advertising *$0.00 Volunteer Incentives *$0.00 Educational Entertainment *$0.00 Promotion -- Enhancement Funding Expenses $ 0.00 Total General Enhancement Grant Requested $ 1,802.00 Organics Program Grant The grant amount for this section is $0.50/household if additional curbside or drop-off grant programs are not offered to residents or $1.00/household if curbside or drop-off organics programs are offered to residents. DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 10 of 14 Does your municipality offer curbside or drop-off organics programs to your residents?* Yes No Amount Available $7,031.00 Click here to download the Oranics Eligible Expenses document. Organics Program Expenses Complete ALL required fields below, if value is zero, enter "0.00". Collection Service Provider Expenses *$4,000.00 Organics Equipment *$0.00 Organics Only - Promotion *$200.00 Please enter Labor & Staffing expenses in Labor & Staffing section below. Organics Program Expenses Subtotal $ 4,200.00 Estimated Revenue *0.00 Organics Program Expenses $ 4,200.00 Negative values here will not carry forward to other sections. Total ENHANCEMENT Funding Requested $21,292.00 Labor & Staffing (All Programs) Salary and labor expenses must be directly related to recycling program operations and administration. These expenses may be funded up to 75% of funding allocation (not including supplemental funding). The final % and expense amount for salary and labor will be determined aer Anoka County approves the submitted staffing and labor metric. Upload 2024 Staffing Metric and Drop-off Calculator * 2024 Staffing Metric and Drop-off Calculator.xlsx Upload a scanned pdf of recent promotion for your current curbside or drop-off opportunities. It can be from a brochure, newsletter or from your website, for how your special curbside collection program works, and/or what is accepted at your city or town offices (during business hours), spring recycling event, permanent drop-off centers or other drop-off events.* 2023 postcard.png Click here to download the Curbside Collection Eligible Expenses document. MANAGE ONLY DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 11 of 14 General Program Administration *$50,540.00 Program Implementation *$0.00 Total Labor & Staffing Expenses Requested:$50,540.00 Supplemental Funding Request Supplemental grant funding is currently available to help support municipal waste abatement programs and/or new program development. Supplemental funding, however, should not be depended on for long-term program sustainability. Before requesting supplemental additional grant program dollars, it is critical that your municipality is willing to support and sustain the services before implementation. Please be aware that there is a limited amount of supplemental funding available for this section. If the County receives more funding requests than funds, the funds may be reduced or denied for a municipalities supplemental funding request. Grants will be evaluated based on which projects best help the County meet the State mandated goal of 75% by 2030. The maximum supplemental grant available may be up to $20,000.00 per municipality. Supplemental Funding – may include: • Collection service provider expenses for additional materials • Additional expenses from construction and paving projects • Large equipment purchases • New program expenses Do you need additional funds to grow existing waste abatement programs? * Yes No In the box below, please include the following information: • Identify need for supplemental funding; • Describe project scope and design; • Describe how the project may benefit multiple municipalities or the County as a whole; • Note key stakeholders participating in project activities, including project collaborators; • Quantify and list expected outcomes, such as, new materials to be collected, projected amount to be collected, percentage increase of currently collected materials if supplemental grant funding is approved.* Recycling Saturday Postcard with all event dates is sent to all residents. This targeted mailing is a contract requirement. Postage: $1400 Postcard printing : $1200 The City Parks crew picks up recycling from all City parks. Labor: $2880 Vehicle use: $2098 Admin only: The approved Labor and Staffing % from your 2023 Staffing Metric has been inserted to provide an estimate of typical Labor and Staffing costs for your community. In general, this percentage has not changed much over the last two years. If your 2024 Staffing Metric % increases due to program changes, this will be taken into consideration to raise the %. 72 % Labor & Staffing Maximum Funds Available $ 53,436.240 MANAGE ONLY DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 12 of 14 Project Budget List all project elements that require funding. Use the ADD button to add elements to the chart. Total Supplemental Funding Requested $7,578.00 Summary of Funding Requested Base Funding Requested $2,385.00 Enhancement Funding Requested Drop-off Grant Requested $15,290.00 General Enhancement Grant Requested $1,802.00 Organics Program Grant Requested $4,200.00 Total Enhancement Funding Requested $ 21,292.00 Labor & Staffing Funding Requested $50,540.00 Supplemental Funding Requested $7,578.00 Total Funding Requested $ 81,795.00 Date:*05/17/2023 Name:*Andy Nelson PROJECT ELEMENT *EXPENSE * Recycling Saturday Postcard 2,600.00 Parks Recycling Expenses 4,978.00 DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 13 of 14 Title:*Environmental Coordinator Total Funding Granted Total Funding Granted $81,795.00 Base Funding Granted 2,385.00 MANAGE ONLY Drop-off Funding Granted 15,290.00 MANAGE ONLY General Enhancement Funding Granted 1,802.00 MANAGE ONLY Organics Program Funding Granted 4,200.00 MANAGE ONLY Labor & Staffing Funding Granted 50,540.00 MANAGE ONLY Supplemental Funding Granted 7,578.00 MANAGE ONLY ***Office Use Only*** Received By:Sue Doll Date:05/30/2023 MANAGE ONLY Manager Notes for Reporters: DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 14 of 14 Created: Apr 28, 2023 at 03:44 PM CDT Robin WodziakRobin.Wodziak@co.anoka.mn.us Last Updated: Jun 29, 2023 at 06:50 PM CDT Sue DollSue.Doll@co.anoka.mn.us DocuSign Envelope ID: BD0910DB-A076-4C71-BB36-D135BC551975 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 9, 2023 TOPIC: Consider Resolution Number No. 23-96, Authorize the Preparation of Plans and Specs, 2024 Street Rehabilitation and Trunk Watermain Project VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting Council authorization to prepare plans and specifications for the 2024 Street Rehabilitation and Trunk Watermain Project. BACKGROUND The 2024 Street Rehabilitation improvements are part of the City’s Capital Improvement Plan which is based off the City’s Pavement Management Program. The Pavement Management Program evaluates the condition of the roadways and provides recommendations for maintenance for the City’s entire network of roadways. The proposed 2024 Street Rehabilitation Improvements Project includes the following: Mill and Overlay (approximately 1.7 miles) – Black Duck Circle (from Black Duck Drive to cul-de-sac), Black Duck Drive (from Black Duck Circle to Birch Street), Black Duck Court (from Black Duck Drive to cul-de-sac), Beaver Circle (from Deerwood Lane to cul-de-sac), Deerwood Circle (from Deerwood Lane to cul-de-sac), Deerwood Lane (cul-de-sac), Linda Lane (from Hodgson Road to 62nd St Trail Crossing), Linda Court (from Linda Lane to cul-de- sac), and Linda Circle (from Linda Lane to cul-de-sac), and Linda Ave (from Linda Lane to Ware Road). Mill and Overlay Bid Alternate: Aspen Lane (from Killdeer Drive to cul-de-sac) The City’s Water Treatment Plant feasibility study identified the need for new trunk water main and a raw water supply line along Black Duck. Accordingly, in addition to the roadway project, the City will be installing trunk watermain improvements along Blackduck Drive. This will include directionally drilling two segments of 12” diameter watermain along the northern portion of Blackduck Drive. It will also include directional drilling 16” raw watermain along the southern 2 portion of Blackduck Drive. Throughout the project, hydrants and gate valves will be replaced if they have not been previously repaired. WSB LLC. Has submitted a proposal to complete the topographic survey, plans and specifications, and provide bid documents for the 2024 Mill and Overlay Street Project and Trunk Watermain Project for a total not to exceed the amount of $94,700.00. The estimated total project cost is $2,135,000.00. Funding for the project is expected to be from the Pavement Management Fund, Trunk Water Fund and Water Operating Fund. The project schedule: Authorize Preparation of Plans and Specifications October 9, 2023 Order Improvement, Approve Plans and Specs, Authorize Ad for Bids December 11, 2023 City Opens Bids January 22, 2024 City Council Awards Contract February 12, 2024 Construction Begins April-May, 2024 Final Completion August 30, 2024 RECOMMENDATION Staff is recommending approval of Resolution No. 23-96, Authorizing the Preparation of Plans and Specifications, 2024 Mill and Overlay and Trunk Watermain Project. ATTACHMENTS 1. Resolution No. 23-96 2. WSB Engineering Proposal 3. Project Location Map CITY OF LINO LAKES RESOLUTION NO. 23-96 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2024 STREET REHABILATATION AND TRUNK WATERMAIN PROJECT WHEREAS, the City Council finds that it would be in the best interest of the City to proceed with the preparation of plans and specifications for the 2024 Street Rehabilitation and Trunk Watermain Project as follows: Mill and Overlay (approximately 1.7 miles) – Black Duck Circle (from Black Duck Drive to cul-de-sac), Black Duck Drive (from Black Duck Circle to Birch Street), Black Duck Court (from Black Duck Drive to cul-de-sac), Beaver Circle (from Deerwood Lane to cul-de-sac), Deerwood Circle (from Deerwood Lane to cul-de-sac), Deerwood Lane (cul-de-sac), Linda Lane (from Hodgson Road to 62nd St Trail Crossing), Linda Court (from Linda Lane to cul- de-sac), and Linda Circle (from Linda Lane to cul-de-sac), and Linda Ave (from Linda Lane to Ware Road); and WHEREAS, Aspen Lane will be included as a bid alternate for budget purposes; and WHEREAS, It has been determined that it is in the City’s best interest to install trunk watermain, raw water supply line improvements and replace, as necessary, water main hydrants and gate valves along Blackduck Drive concurrent with the road improvements; and WHEREAS, WSB, the City Engineer, has submitted a proposal to prepare plans and specifications for said improvements. NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota: 1. Authorizes the Preparation of the Plans and Specifications for the 2024 Street Rehabilitation and Trunk Watermain Project. 2. WSB is designated as the engineer for this improvement and directed to prepare plans and specifications for the 2024 Mill and Overlay Street Project and Trunk Watermain Project for an amount not to exceed $94,700.00. Adopted by the Council of the City of Lino Lakes this 9th day of October, 2023. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk \\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2024 Mill and Overlay\Staff Reports\20231009 CC Authorize Plans and Spec\3. WSB Design Proposal.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM October 3, 2023 City of Lino Lakes Mr. Michael Grochala 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposal to Complete 2024 Mill and Overlay Street Project and Trunk Watermain Project Construction Plans and Specifications Dear Mr. Grochala: WSB LLC. is providing this proposal for the design and bidding services for the 2024 Mill and Overlay Streets and Trunk Watermain Project. The local streets designated for rehabilitation were determined by their OCI ratings established in the City’s Pavement Management Study, and the scope verified by cores. A summary of the project scope is described as follows: Mill and Overlay (approximately 1.7 miles) – Black Duck Circle (from Black Duck Drive to cul-de-sac), Black Duck Drive (from Black Duck Circle to Birch Street), Black Duck Court (from Black Duck Drive to cul-de-sac), Aspen Lane (from Killdeer Drive to cul-de-sac), Beaver Circle (from Deerwood Lane to cul-de-sac), Deerwood Circle (from Deerwood Lane to cul-de-sac), Deerwood Lane (cul-de-sac), Linda Lane (from Hodgson Road to 62nd St Trail Crossing), Linda Court (from Linda Lane to cul-de-sac), and Linda Circle (from Linda Lane to cul-de-sac), and Linda Ave (from Linda Lane to Ware Road). Aspen Lane will be bid and alternate to meet project budgets. The project scope also includes curb and gutter replacement as necessary and gate valves will be replaced if they have not been previously repaired. On Black Duck Drive between E Shadow Lake Dr and Lantern Ln, there is an existing 6” watermain section and an existing 8” watermain section that is identified as Trunk Watermain in the Capital Improvement Plan. These two sections of watermain will be upgraded by installing a 12” diameter watermain parallel to the existing 6” and 8” watermain. On Black Duck Drive from approximately Lantern Lane to the south side of Birch Street there is an existing 10” raw water line will be upgraded to a 16” raw watermain as a trunk water system improvement. Public Works is also identifying miscellaneous storm sewer improvements that may be needed throughout the project area. Based on the project scope, WSB would perform the following tasks: I. Prepare Final Project Plans Final construction plans will be prepared indicating the project locations and plan view sheets for the areas to be milled and overlaid. Surveyed topographic information will be used to prepare the construction plans. Base drawing information will include GSOC design locates, curb inspection, city parcel map information and record plans. \\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2024 Mill and Overlay\Staff Reports\20231009 CC Authorize Plans and Spec\3. WSB Design Proposal.docx II. Final Quantities An Engineer’s Opinion of Probable Cost will be completed with the final construction plans. III. Prepare Permits, Specifications and Bidding Documents WSB will assist the City in preparing permit application(s) and/or approval requests and will assist the City with submitting the applications/approval requests to the appropriate regulatory agencies. WSB will develop the final project plans and specifications based on the agency review comments. This task will include an internal constructability review of the final plans, quantities, and specifications. Upon completion of permitting, and agency review and approval, a final set of construction documents will be prepared for electronic bidding. WSB will assemble and submit the final contract documents, either paper or electronic copies, to the City and request authorization to advertise the project for bidding. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will perform the project bid opening on behalf of the City. The engineering fee to complete the design of the 2024 Mill and Overlay Street and Watermain Improvements Project is $94,700.00 (not to exceed). This letter represents our understanding of the 2024 Street and Watermain Improvements Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. WSB LLC. will provide a separate proposal to the City for construction services once the final plans are completed and the project is bid. If you have any questions about this proposal, please feel free to call me at 612-360-1278. Sincerely, WSB LLC. Mark Erichson Mark Erichson Brian Bourassa Director Client Representative ACCEPTANCE: The City of Lino Lakes hereby accepts the WSB proposal of $94,700.00 for services outlined in this letter. \\metro-inet\linolakes\Shared\Community Development\Projects\Capital Improvement Projects\2024 Mill and Overlay\Staff Reports\20231009 CC Authorize Plans and Spec\3. WSB Design Proposal.docx City of Lino Lakes Name Title Date Rice Creek EShadowLakeDrPheasantRunSBirch LnOl dBirchStLantern Ln BlackDuckDrEShadowLakeDrBlackduckDrSBirch St KilldeerDrA s p e n Ln Rice Creek Wards Lake RuffedGrouseR d Birch StDocument Path: K:\021682-000\GIS\Maps\5 Year Construct Mill & Overlay_2024 PRO\Figure 1a - Project Location Date Saved: 9/7/2023¯1 inch = 500 feet 0 500 Feet2024 Rehabilitation Project City of Lino Lakes Figure 1a - Project Location Project Location Parcels Area A DeerwoodLnBeaver Trl DeerwoodLnF a w n LnMuskrat Run DeerwoodL nD e er w o o d L nDeerw oodCirDocument Path: K:\021682-000\GIS\Maps\5 Year Construct Mill & Overlay_2024 PRO\Figure 1b - Project Location Date Saved: 9/7/2023¯1 inch = 150 feet 0 150 Feet2024 Rehabilitation Project City of Lino Lakes Figure 1b - Project Location Project Location Parcels Area B LindaLnLinda Ave Linda CtHodgson RdHodgson Rd Linda L n Linda Ln Linda A ve L inda C i r Linda Ct Lin da LnLinda A ve WareRdWare RdDocument Path: K:\021682-000\GIS\Maps\5 Year Construct Mill & Overlay_2024 PRO\Figure 1c - Project Location Date Saved: 9/7/2023¯1 inch = 150 feet 0 150 Feet2024 Rehabilitation Project City of Lino Lakes Figure 1c - Project Location Project Location Parcels Area C !( !( !( !( !(!( !( !( !( !(!( !( !( !( !(!(!(!(!(!( !( !( !( !(!( G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 BLACK DUCK DRLANTERN LN PARTRIDGE PLBLACKDUCKCIRLANTERNCIREAST SHADOW LAKE DRDocument Path: K:\021682-000\GIS\Maps\5 Year Construct Mill & Overlay_2024 PRO\Figure 2a - Trunk Water Main Date Saved: 9/14/2023¯1 inch = 250 feet 0 250 Feet 12" Potable Water Main 2024 Street Rehabilitation Project City of Lino Lakes Figure 2a - Trunk Water Main Existing Water Structures Water Mains G!5 Water Hydrants !(Water System Valves Parcels !( !( !( !(!( !( !( !( !( !( !(!( !( !(!(!( !(!( !(!( !( !(!(!( G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5 G!5BLACK DUCK DRPHEASANTRUN SBLACKDUCK DR SBLACK DUCK CT BIRCH ST LANTERN LN PHEASANT RUNDocument Path: K:\021682-000\GIS\Maps\5 Year Construct Mill & Overlay_2024 PRO\Figure 2b - Trunk Water Main Date Saved: 9/18/2023¯1 inch = 150 feet 0 150 Feet 16" Raw Water Main 2024 Street Rehabilitation Project City of Lino Lakes Figure 2b - Trunk Water Main Existing Water Structures Proposed Watermain Water Mains G!5 Water Hydrants !(Water System Valves Parcels 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6E STAFF ORIGINATOR: MEETING DATE: TOPIC: Katie Larsen, City Planner October 9, 2023 Consider Denial of Ordinance No. 12-23 Zoning Ordinance Text Amendment-Synthetic Grass VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The applicant, Troy Johnson of ForeverLawn Minnesota Inc., submitted a Land Use Application on behalf of Jon Lipinski, 75 Robinson Drive, for a Zoning Ordinance Text Amendment to allow synthetic grass/artificial turf as an approved ground cover. BACKGROUND On August 10, 2023 a crew performing landscaping work at 75 Robinson Drive had removed turf grass and soil and added rock in preparation for installation of synthetic grass that would cover a large portion of the lot. A stop work order was issued for the site at that time due to the violation of City Code requirements. Currently, the zoning ordinance requires sod or seed as ground cover. There is no exception for synthetic grass. City Code Section 1007.043(17): (h)Sod and Ground Cover. All areas not otherwise improved in compliance with the approved site plans shall have a minimum depth of four (4) inches of topsoil and be sodded including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows: 1.Seed may be provided in lieu of sod in any of the following cases: a.Where the seed is applied to future expansion areas as shown on the approved plans, or 2 b. Where the seed is applied adjacent to natural areas or wetlands. Seed mixture shall be approved by the City, or c. For single-family and two family residential properties, proper erosion control measures shall be implemented and maintained until vegetation is established. Sod may be required in areas subject to erosion as determined by the Building Official or City Engineer. 2. Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials. 3. Areas designated as open space or future expansion areas properly planted and maintained with native grasses or wild flowers indigenous to Minnesota. Seed mixture shall be approved by the City. 4. Use of mulch materials such as bark, wood chips, and decorative rock in support of shrubs and foundation plantings. 5. Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front lot line and/or side lot line abutting a public street, as part of a garden or landscape treatment. Environmental Board Per the August 30, 2023 Environmental Board staff report: Potential benefits of synthetic turf: • No water required for irrigation • No pesticides, herbicides, or fertilizers are needed • Less fuel emissions from lawn equipment • Product is made from plastic bottles and “technology created from soybean plants” Areas of concern: • Staff is not aware of any cities in the area that have amended their ordinances to allow for the widespread use this product. • Hazardous products are released if the product catches fire. • Permeability of synthetic turf may be an issue. Even if the product is 100% permeable, this doesn’t take into account the permeability of the underlying soil. • Evapotranspiration has a cooling effect. Water uptake by plants also contributes to stormwater management. 3 • The product may contribute byproducts to surface and groundwater supplies as it decomposes. The polyurethane that it is made of has hazardous decomposition products. • Use in easement areas and rights-of-way should be prohibited. These areas require access for maintenance of utilities and management of stormwater systems and are frequently disturbed. • Examples of installations provided were for small portions of yards, not whole yards. • Expected life span of the product is 15-20 years. At that time, the material must be removed and landfilled. The Environmental Board provided the following additional comments: • Other alternative lawn types are available that are better choices for limiting water, pesticide, and fertilizer use • Hazardous byproducts leaching into ground and surface waters • Hazardous byproducts when product is exposed to fire • Soil health impacts • Losing the water uptake and cooling effect of evapotranspiration from plants • Impacts on resale value of homes The Board voted 1 “no” for any use of the product and 3 “noes” for widespread use but may be allowed in certain limited, clearly defined small areas such as high traffic or erosion areas. City Engineer The attached City Engineer’s Memo provides the following comments: • Drainage and Infiltration Concerns-need more conclusive evidence. If product is going to allowed in small applications, treat it as an impervious surface. Residential lots are allowed up to 65% maximum impervious surface coverage. o Additional comment: At the Planning & Zoning meeting, the recommendation to treat it as an impervious surface caused too much confusion since the product is pervious. Staff understands the product is pervious but was only recommending it be treated as impervious as a way to limit the amount of synthetic grass allowed on a property. Staff will suggest other ideas if directed to by Council. • Unknown potential environmental and health impacts. • Synthetic grass should not be allowed in drainage and utility easements due to potential restoration costs as a result of future City utility maintenance and replacement activities. Planning & Zoning Board 4 The Planning & Zoning Board held a public hearing on September 13, 2023. Troy Johnson, ForeverLawn Minnesota, Inc., Jon Lipinkski, 75 Robinson Drive property owner, and Felipe Illescas, Minnesota Nursery and Landscape Association, spoke in favor of the use of synthetic grass. Discussion topics included product impervious/pervious, location in front yards and drainage & utility easements, environmental concerns, fire hazards, color, and installation standards. The Planning & Zoning Board opinions ranged from allowing all types and colors of synthetic grass anywhere on a property to limited use with restrictions such as type, color, and location. The Board formally voted 7-0 to deny the zoning ordinance text amendment as proposed by the applicant and property owner. The Board would further review alternative language if directed to do so by the City Council. 75 Robinson Drive The property owner states in the attached narrative letter some of the reasons for installing artificial turf/synthetic grass is that traditional turf grass lawns are biological deserts, reducing carbon footprint, water conservation, no fertilizers, low maintenance option, no noise or air pollution from lawn equipment etc. The property owner also noted difficulty in growing/maintaining sod or seed on the site. Staff notes these same outcomes can be achieved by installing Native Landscapes as allowed by State Statute 412.926. Synthetic grass does require the use of lawn equipment such as leaf blowers or sweepers. Synthetic grass creates more of a biological desert. The other properties along Robinson Drive have been able to grow/maintain sod or seed on their properties. It should be noted that a zoning ordinance amendment would apply to all properties in the City, not just 75 Robinson Drive. Other Communities Staff reached out to other communities to see if or how they deal with synthetic grass. The responses differed with some communities saying it would not be allowed at all and some would allow it in small applications. Several communities noted concerns regarding product permeability and runoff. Findings of Fact The zoning ordinance amendment submitted by the applicant to allow for the widespread use of synthetic grass does not meet findings of fact criteria for a zoning ordinance text amendment. Per City Code Section 1007.015(4) 5 (e)The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1.The proposed action is consistent with the official City Comprehensive Plan. The proposed action is not consistent with the official City Comprehensive Plan goals of addressing water rate and quantity, water quality, or groundwater management. 2.The proposed action is or will be compatible with present and future land uses of the area. The proposed action would not be compatible with present and future land uses of the area. 3.The proposed action conforms with all performance standards contained herein. The proposed action does not conform with all performance standards. 4.The proposed action can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed action can be accommodated with existing public services and will not overburden the City’s service capacity. 5.Traffic generation by the proposed action is within capabilities of streets serving the property as described in City Code Section 1007.020(4)(d). Traffic generation is not applicable to the proposed action. RECOMMENDATION The Environmental Board, Planning & Zoning Board and City staff recommend formal denial of Ordinance No. 12-23 as presented by the applicant and property owner. At the October 2, 2023 Work Session, the Council supported denial of the ordinance. Council did not direct staff to further the conversation with the Planning & Zoning Board. ATTACHMENTS 1.Ordinance No. 12-23 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 12-23 ORDINANCE AMENDING CITY CODE CHAPTER 1007 RELATED TO SYNTHETIC GRASS AS AN ALLOWED GROUND COVER The City Council of Lino Lakes ordains: Section 1. Findings. The City Council finds that the zoning ordinance text amendment protects the public health, safety, comfort, convenience and general welfare of the residents of the community. Section 2. Amendment. Lino Lakes City Code Section 1007.043(17) is hereby amended as follows: (h)Sod and Ground Cover. All areas not otherwise improved in compliance withthe approved site plans shall have a minimum depth of four (4) inches of topsoil and be sodded including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows: 1. Seed may be provided in lieu of sod in any of the following cases: a.Where the seed is applied to future expansion areas as shown on theapproved plans, or b.Where the seed is applied adjacent to natural areas or wetlands. Seedmixture shall be approved by the City, or c.For single-family and two family residential properties, proper erosioncontrol measures shall be implemented and maintained until vegetation is established. Sod may be required in areas subject to erosion as determined by the Building Official or City Engineer. 2. Undisturbed areas containing existing viable natural vegetation which can bemaintained free of foreign and noxious plant materials. Attachment 1: Ordinance No. 12-23 2 3.Areas designated as open space or future expansion areas properly planted andmaintained with native grasses or wild flowers indigenous to Minnesota. Seed mixture shall be approved by the City. 4. Use of mulch materials such as bark, wood chips, and decorative rock in supportof shrubs and foundation plantings. 5.Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front lot line and/or side lot line abutting a public street, as part of a garden or landscape treatment. 6.Synthetic Grass. a.Product.i.Synthetic grass shall consist of green lifelike individual blades of grassthat emulate natural grass in look and color. ii.Synthetic grass shall be considered a pervious material when used in landscaped areas at grade as a replacement for natural sod when installedcorrectly.iii.Products that are not perforated or otherwise manufactured for drainagesuch as putting greens will be considered impervious. iv.Synthetic Grass shall be lead free, and pass pill flammability test. v.Minimum Pile Weight 45 OZ.vi.Minimum Pile Height 7/8".b.Warranty.i. Synthetic Grass warranty shall have a minimum eight-year manufacturer's warranty protecting against color fading and decrease in pile height. ii.The use of indoor/outdoor carpeting shall be prohibited.c.Installation.i.Synthetic Grass shall be properly anchored to ensure that the turf willwithstand the effects of wind. ii. All seams shall be glued, and the edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.iii.Synthetic Grass should not be installed over grass or other plants.iv. Synthetic Grass shall also not be installed over dirt that is not covered by aminimum of 3-inch sub-base layer of aggregate, such as compacted free draining gravel or crushed stone or similar product designed specifically for synthetic grass sub-base.v. Class V and 3/8" minus is not permitted.vi. Proper grading, compaction, and drainage shall be provided for allsynthetic grass installations to prevent excessive run-off or pooling of water and have a minimum permeability of 30 inches per square yard. vii.Any current drainage issues needs to be addressed before installingsynthetic grass. 3 viii.Synthetic Grass shall be installed with grain pointing the samedirection. Layout of rolls shall be designed to reduce waste and keep seams to minimum. ix. A solid barrier device such as a concrete mow strip, sidewalk, driveway,or attachment board shall be required to separate synthetic grass fromplanters, live vegetation, and property boundaries.x.Where synthetic grass is installed adjacent to new trees or new shrubs a minimum of two-foot separation between the synthetic grass and the tree trunks and shrubs shall be maintained to allow for plant growth.xi. Infill shall be permitted per manufacturer for ballast, and longevity of theblades.d.Maintenance. i.Synthetic grass shall be cleaned regularly and maintained in an appropriate and neat manner.ii.It shall be replaced if it is worn, uneven, discolored or damaged permanufacturers recommendations.iii.Cleaning shall be done with a biodegradable product. e. Easements and Public Right of Ways i.It is recommended that synthetic grass not be installed in easements andright of ways.ii.If installed in easements and right of ways, it shall be homeowners'responsibility to remove and replace if required. Section 3. Effective Date. This Ordinance shall be effective from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this _____day of ____________, 2023. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6F STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: October 9, 2023 TOPIC: Glamos Wire, Inc (2300 Main Street) i.Consider Resolution No. 23-101 Approving Conditional Use Permit Amendment for Outdoor Storage ii.Consider Resolution No. 23-102 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit Amendment for Glamos Wire, Inc. located at 2300 Main Street. Complete Application Date: August 21, 2023 60-Day Review Deadline:October 20, 2023 120-Day Review Deadline:December 19, 2023 Environmental Board Meeting: August 30, 2023 Park Board Meeting: N/A Planning & Zoning Board Meeting: September 13, 2023 Tentative City Council Work Session: October 2, 2023 Tentative City Council Meeting: October 9, 2023 BACKGROUND The applicant, Steve Tomas of Tomas Companies/Glamos Wire, Inc., submitted a Land Use Application for a Conditional Use Permit (CUP) Amendment to expand the outdoor storage area at their facility located at 2300 Main Street. This staff report is based on the following information: 2 • Narrative prepared by Bolton & Menk dated August 14, 2023 • Certificate of Survey prepared by Bolton & Menk dated September 21, 2023 • Site Development Plans for Tomas Companies prepared by Bolton & Menk dated August 14, 2023 September 21, 2023 • ALTA/NSPS Land Title Survey prepared by EG Rud & Sons, Inc. dated July 2, 2020 • Impervious Areas Exhibit prepared by Bolton & Menk dated August 2023 • Stormwater Drainage Report, Drainage Maps & Modeling prepared by Bolton & Menk revised dated August 1, 2023 September 21, 2023 • Geotechnical Report prepared by Braun Intertec Corporation dated March 29, 1996 • Wetland Delineation Report prepared by Bolton & Menk dated April 25, 2023 This staff report provides a comparison of the September 13, 2023 Planning & Zoning staff report with the revised plans. Changes in the plans are either narratively described or shown as strikethrough (deletions) or underline (additions). ANALYSIS Background In July 2020, staff observed illegal outdoor storage of semi-trailers, signage, and construction without a permit at 2300 Main Street, Glamos Wire, Inc. Staff reached out to the property owner in August 2020 with a courtesy call and email. After no response, staff followed up with letters and emails in September, October and November 2020. In December 2020 and March 2021, the applicant submitted incomplete land use applications. Staff continued to work with the property owner until a complete land use application was submitted in May 2021. In July 2021, Council passed Resolution No. 21-69 approving a conditional use permit for open and outdoor storage for Glamos Wire, Inc. (2300 Main St). In October 2022, the owner disturbed/graded land and filled in a stormwater basin south of the outdoor storage area without permit and began storing items outside, a violation of the approved conditional use permit and city ordinance. In November 2022, staff met with owner and explained the conditional use permit needs to be amended and a formal land use application is required. In August 2023, the land use application was received. Zoning The property is zoned LI, Light Industrial. Outdoor storage (previously called open and outdoor storage) is allowed with an approved conditional use permit. Conditions of the outdoor storage use are detailed below. Surrounding Zoning and Land Use 3 Direction Zoning Current Land Use Future Land Use North GB, General Business Commercial (McDonald’s & Main Street Shoppes) Commercial South LI, Light Industrial Vacant Industrial Industrial East LI, Light Industrial Industrial (Laborers Training Center) Industrial West GB, General Business Vacant Commercial Commercial This I-35E, Main Street and Otter Lake Road corridor has been the focus of high value, high quality commercial and industrial development for both the City and property owners. The City should be cognizant of outdoor storage and its limited increase in land value. Site Plan The parcel is approximately 18 acres. The main building and associated parking lots are located on the north half of the site. The south half of the site consists of trees, wetlands and agricultural crop land. The applicant’s site plan shows a new 2.06 1.91 acre outdoor storage area just south of the existing outdoor storage area. The new area would be connected to the existing area by two existing gates on the east half of the south border of the existing storage area. There is a new vehicle access gate on the west side of the storage between the existing and proposed storage areas. The proposed storage area would be enclosed by a 6 ft. tall chain linked 8ft and 10ft tall vinyl fence and be paved with asphalt. The project would also entail grading, curb and gutter, connection to existing storm sewer, lighting, landscaping, and stormwater management/treatment. Screening requirements and building footprint to outdoor storage area ratio limits are not met as detailed below. Lighting The plans show three (3) light fixtures for the new storage area: placed on the west, north, and east sides of the storage area. These fixtures will have a thirty (30) ft. mounting height, be LED, and be downwards facing. The photometric plan shall be has been revised to clearly show foot candle measurements along the west, south and east lot lines. Lighting requirements are met. Off-Street Parking Requirements 4 Off-street parking requirements were analyzed and met with the original CUP. Additional off- street parking is not required for the proposed outdoor storage area. Grading Plan and Stormwater Management The stormwater management for the outdoor storage expansion consists of an existing rain garden and proposed sedimentation basin. Based on the provided HydroCAD modeling and water quality calculations in the stormwater report, this project meets City requirements for rate control and water quality treatment. Pre- and Post- Development Discharge Rates (cfs) Condition 2-Year 10-Year 100-Year 10-Day Snowmelt Existing 18.98 22.91 30.11 36.73 58.70 70.61 Not provided Proposed 17.22 20.88 26.86 33.02 51.29 61.51 Not provided Public Utilities Public utilities exist along CR 84 (Otter Lake Road). Water and sanitary sewer are not impacted by the outdoor storage area. Tree Preservation and Mitigation Standards A tree survey was performed that identified: Of the 210 trees surveyed, 92 will be removed. 61 of these trees are in the Basic Use Area (within the outdoor storage area or within 20 feet of it). 31 of the tree removals that are located near the proposed stormwater basin will require mitigation trees to be planted. 32 mitigation trees are required because one of the trees is large enough to require two trees planted in its place. Total Trees Surveyed 210 Total Trees Removed 92 Trees Removed in Basic Use Area 61 Mitigation Trees Required 32 5 There are 18 trees that will be preserved near the disturbance area. These trees will provide 43 trees worth of existing tree credit. There are numerous ash trees on the site that have been infested with Emerald ash borer. The following emerald ash borer infested trees must be removed: • 11 trees along Otter Lake Road east of the sidewalk. • Trees 208-215 in the northeast corner of the property. These trees have the potential to impact public safety and cause off-site property damage. All other ash trees on the site that have not been treated to prevent emerald ash borer infestation should be removed as well, but their removal will not be a requirement of this project. Tree Preservation and Mitigation Standards have been met. Open Areas Landscape Standards Open area landscape standards call for 1 large tree and 2 large shrubs per 2500 sf. Required for 32,000 square feet of open space: 13 large trees 26 large shrubs Provided: 75 large trees 0 large shrubs Existing trees that will be preserved southwest of the proposed storage area provide 43 trees worth of credit. There are also 32 new trees planned for the open space area. 75 total large trees were provided. One large tree can be substituted for 2 large shrubs. There are enough large trees provided to also meet the large shrub requirement. Open Areas Landscape Standards have been met. Buffer and Screen Standards Outdoor storage yards require a 10 foot high screen, though the City Council may approve a modification or waiver from these standards if the affected lot line adjoins another industrial property. The current original plan set includes inconsistent information about the height and materials for the proposed fence. The revised fence plans submitted should be are consistent across all plan sheets. 6 The west perimeter of the storage area abuts Otter Lake Road and will require a 10 foot opaque fence (ex: vinyl) with shrub cover for 50 percent of the wall. The shrub cover required for the west section of fence has not been provided. Additionally, trees are required along the length of the screen at intervals determined by size (large trees every 50 linear feet, medium trees every 35 linear feet, or small trees every 25 linear feet). Between the existing trees that will be preserved and the new trees planned for the west perimeter, the tree requirement for the west fence perimeter is met. The south and east perimeters of the storage area abut industrial properties. For these perimeters, staff is recommending 8 foot high vinyl fencing to match the existing fence on the storage area to the north. Trees planted along the south perimeter will meet tree and shrub requirements for the south perimeter fence. The east perimeter fence should not require additional shrubs or trees due to screening provided by the berm that abuts the property line. Buffer and screen requirements have not been met. Canopy Cover Canopy cover standards do not apply to permitted outdoor storage areas in Industrial Districts. Sod and Ground Cover Standards All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of 4 inches of topsoil and be sodded including boulevard areas. Seed may be provided in lieu of sod in certain cases, including when the area is adjacent to natural areas or wetlands. All disturbed areas outside of the paved areas will receive 6” of topsoil and be seeded with MN DOT seed mix 35-241, a mesic prairie seed mix. The unpermitted grading that created the berm running along the south and east perimeters of the proposed storage area would have resulted in exposed soil. Exposed soil is prone to colonization by invasive, weedy plant species. A vegetation management plan will be required for the berm and any additional exposed soil around it that will not be paved for the storage area. This must include a vegetation assessment that identifies the plant species present. Depending on the results of the assessment, a plan to prepare the site for native seeding may also be required. Signage New signage is not proposed. A separate Sign Permit Application with detailed sign information would be required for any permanent or temporary signage. Impervious Surface Coverage 7 The allowed maximum impervious surface coverage per lot in the LI, Light Industrial District is 75%. Per the Impervious Areas Exhibit, the site will have 56% 54.9% impervious surface and is compliant. Traffic Study CR 84 (Otter Lake Road) is a Minor Arterial road. A traffic study is not required for the outdoor storage area. Alternative Urban Areawide Review (AUAR) Considerations The site is within the 2005 I-35E Corridor AUAR environmental review boundary. The AUAR identified this site as industrial in the land use scenarios. The outdoor storage project is consistent with industrial development. No further environmental assessment is required. Wetlands A 0.81 acre area of wetland was delineated within the parcel boundaries. This shallow marsh and seasonally flooded fringe are located on the southeast corner of the parcel. Two additional wetlands just south of the proposed outdoor storage area were deemed incidental by Rice Creek Watershed District in 2007. Impacts to these wetlands will not require mitigation. No additional wetland impacts that would require mitigation are proposed for this project. Sheet C3.01, Grading and Drainage Plan, shows a Wetland Buffer Line. The City of Lino Lakes and RCWD shall be listed as benefactors to any wetland declarations or easements. Shoreland District The site is not located in the Shoreland District. Floodplain There is no FEMA floodplain on site. Additional City and Government Agency Review Comments Anoka County Highway Department Anoka County Highway Department was not requested to review the outdoor storage application. Public Safety Comments Fire Division Deputy Director L’Allier did not have any issues with the proposed outdoor storage area. 8 Lino Lakes Public Safety Department-Police Division did not express any concerns with the proposed outdoor storage area. Environmental Board The Environmental Board reviewed the development proposal at their August 30, 2023 meeting and supported the project with some with minor revisions as summarized in the attached September 25, 2023 Environmental Coordinator memo. Planning and Zoning Board The Planning & Zoning Board held a public hearing on September 13, 2023. There were no public comments. The Board recommended approval with a 7-0 vote with conditions detailed in Resolution No. 23-101. Agreements Stormwater Maintenance Agreement The stormwater facilities will be privately maintained and a Declaration for Maintenance of Stormwater Facilities will be required. Site Improvement Performance Agreement A Site Improvement Performance Agreement and securities are required. Findings of Fact-Conditional Use Permit Council Resolution No. 23-101 details the Conditional Use Permit Findings of Fact. RECOMMENDATION Staff and Planning & Zoning Board recommend approval of the Conditional Use Permit Amendment and Site Improvement Performance Agreement for Glamos Wire, Inc. ATTACHMENTS 1.Sheet C1.01, Site Plan 2.Sheet L1.04, Landscape Plan 3.City Engineer Memo dated September 27, 2023 4.Environmental Coordinator Memo dated September 25, 2023 5.Resolution No. 23-101 6.Resolution No. 23-102 7.Site Improvement Performance Agreement XXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXOTTER LAKE ROADS160.1159.679.939.939.979.9240.3439.639.478.2163.718.919.0119.150.0'MAIN ST.10C4.016C4.01CURB CUT7C4.01PROPOSED VINYL FENCE (MATCH EXISTING)CONTRACTOR SHALL SUBMIT SHOP DRAWINGSDEMONSTRATING PROPOSED FENCE MATCHES EXISTINGPROPOSED VINYL FENCE (MATCH EXISTING)CONTRACTOR SHALL SUBMIT SHOP DRAWINGSDEMONSTRATING PROPOSED FENCE MATCHES EXISTINGAPPROXIMATELOCATION OF EXISTING GATE9C4.016C4.016C4.018C4.0110C4.01STORMWATER PONDGATEAPPROXIMATELOCATION OF EXISTING GATE10' SIDE SETBACK10' REAR SETBACK10' SIDE SETBACKEXISTING PONDEXISTING BUILDINGEXISTING WETLANDEXISTING PARKING LOT425.34'210.48'6" CLEARANCE TO BE PROVIDED BETWEENBOTTOM OF CHANNEL AND BOTTOM OF FENCEPROPOSED VINYL FENCE (MATCH EXISTING)CONTRACTOR SHALL SUBMIT SHOP DRAWINGSDEMONSTRATING PROPOSED FENCE MATCHES EXISTING15.29'RSHEET Bolton & Menk, Inc. 2023, All Rights Reservedch:\tomascom_pr\0t7129812\CAD\C3D\129812C101.dwg 9/21/2023 4:45:59 PM DESIGNEDDRAWNCHECKEDCLIENT PROJ. NO.ISSUED FOR DATENO.LINO LAKES, MINNESOTAOUTDOOR STORAGE EXPANSION0T7.129812DATELIC. NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.BRENT H. JOHNSON 2037809/21/2023MJIMAMBHJ1 RCWD 08/25/2023C1.01SITE PLANFEETSCALE050100HORZ.10'VLF1C4.01LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D. NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED ASPHALT PAVEMENTPROPOSED GRAVEL SURFACEPROPOSED CHAIN LINKED FENCINGFENCING KEY NOTE - 8' OR 10' HEIGHT FENCEPROPOSED LIGHT POLE - REFER TO ELECTRICAL PLANSPROPERTY LINE1. REFER TO SHEET G0.01, TITLE SHEET, FOR GENERAL NOTES.2. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. INSTALL TRAFFIC CONTROL SIGNS APPROXIMATELY 18 INCHES BEHIND BACK OF CURB.4. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD, WHICH ARE NOT DESIGNATED TO BE PAVED, SHALL RECEIVE AT LEAST 6” OF TOPSOIL AND SHALL BE SEEDED. ALL AREAS NOT DESIGNATEDFOR SOD OR A SPECIFIC SEED MIX, WHICH ARE DISTURBED BY CONSTRUCTION, SHALL BE SEEDED WITH SEED MIX 35-241.5. WHERE NEW SOD MEETS EXISTING SOD, CUT A CLEAN, SHARP EDGE TO ALLOW FOR A CONSISTENT, UNIFORM, AND STRAIGHT JOINT BETWEEN NEW SOD AND EXISTING TURFGRASS. JAGGED ORUNEVEN JOINTS WILL NOT BE ACCEPTED. REMOVE TOPSOIL AT THE JOINT BETWEEN NEW SOD AND EXISTING TURFGRASS, AS REQUIRED, TO ALLOW NEW SOD SURFACE TO BE FLUSH WITHEXISTING TURFGRASS SURFACE.6. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE AN ACCEPTABLE TURF, RE-SOD OR RE-SEED ALL APPLICABLE AREAS, AT NO ADDITIONAL COST TO THEOWNER, TO THE SATISFACTION OF THE ENGINEER OR LANDSCAPE ARCHITECT.7. FENCE SEGMENTS SHALL BE PERPENDICULARLY OFFSET BY 2' EVERY 75' AT A MINIMUM8. BLANDING'S TURTLE (EMYDOIDEA BLANDINGII) HAS BEEN OBSERVED WITHIN A ONE-MILE RADIUS OF THE SITE. THE MN DNR FLYER AND FACTSHEET ON THIS TURTLE MUST BEPROVIDED TO ALL CONTRACTORS WORKING ON THE SITE. ANY SIGHTINGS OF THIS SPECIES SHOULD BE REPORTED TO CITY STAFF SO THAT THE TURTLES CAN BE SAFELY RELOCATED.NOTES10C4.018'VLF10C4.0110'VLFRBUILDING FOOTPRINT3.22 ACRESEXISTING STORAGE1.31 ACRESNEW STORAGE1.91 ACRESEXISTING PARKING, SIDEWALKS, DRIVEWAYS3.25 ACRES TOTAL AREA 19.11 ACRES- CITY RIGHT-OF-WAY 1.46 ACRESSITE 17.65 ACRESPROPOSED SITE IMPERVIOUS % =(1.91+1.31+3.22+3.25)/17.65 =9.69/17.65 = 54.9%POND SURFACE0.31 ACRES8'VLF8'VLFAttachment 1: Sheet C1.01, Site Plan XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X CLVT CLVT CLVT>>D90991 0 91 5 9 1 4 91 391 1 912913914 910 915916914913910920920 915 914913912911915915916 916915 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X S(3) ULPR (3) QUBI (3) LALA (3) QUBI (3) BENI (3) CASP (3) CEOC (3) LALA (3) CASP (3) BENI (5) PIST (3) THOC (3) THOC (2) OSVI (38,726 sf) HYDRO (5) TAXM (6) TAXM (6) TAXM CANOPY TREES QTY BOTANICAL NAME COMMON NAME CALIPER HEIGHT CONTAINER SPACING BENI 6 BETULA NIGRA RIVER BIRCH 2" CAL.B&B CASP 6 CATALPA SPECIOSA NORTHERN CATALPA 2" CAL.B&B CEOC 3 CELTIS OCCIDENTALIS COMMON HACKBERRY 2" CAL.B&B LALA 6 LARIX LARICINA TAMARACK N.A.6 - 8 HT.B&B OSVI 2 OSTRYA VIRGINIANA AMERICAN HOPHORNBEAM 2" CAL.B&B PIST 5 PINUS STROBUS WHITE PINE N.A.6 - 8 HT.B&B QUBI 6 QUERCUS BICOLOR SWAMP WHITE OAK 2" CAL.B&B THOC 6 THUJA OCCIDENTALIS `TECHNY` TECHNY ARBORVITAE N.A.6 - 8 HT.B&B ULPR 3 ULMUS AMERICANA 'PRINCETON' PRINCETON ELM 2" CAL.B&B SHRUBS QTY BOTANICAL NAME COMMON NAME SPREAD HEIGHT CONTAINER SPACING TAXM 17 TAXUS X MEDIA ANGLO-JAPANESE YEW 42 - 48" SPR.#5 CONT. 48" O.C GROUND COVERS QTY BOTANICAL NAME COMMON NAME SPREAD HEIGHT CONTAINER SPACING HYDRO 43,980 SF TURF HYDROSEED WET PRAIRIE MNDOT SEED MIX 34-262 N.A. PLANT SCHEDULEGENERAL NOTES: LANDSCAPE PLANTING 1. MASTER PLANT SCHEDULE: ALL TREES, SHRUBS, AND PERENNIALS ARE LISTED IN THE MASTER PLANT SCHEDULE. IF THERE IS A CONFLICT BETWEEN THE QUANTITIES SHOWN ON THE DRAWINGS AND THE QUANTITIES SHOWN IN THE PLANT SCHEDULE, THE PLAN QUANTITIES SHALL PREVAIL. 2. PROVIDE PLANT MATERIAL OF SIZE, GENUS, SPECIES, AND VARIETY SHOWN AND COMPLYING WITH REQUIREMENTS OF 2014 ANSI Z60.1 "AMERICAN STANDARD FOR NURSERY STOCK." ALL PLANTING MATERIAL SUBJECT TO APPROVAL BY OWNER OR OWNER'S REPRESENTATIVE. 3. PLANTING LAYOUT: STAKE ALL TREE LOCATIONS AND OBTAIN APPROVAL OF THE OWNER'S REPRESENTATIVE PRIOR TO PLANTING. PROPOSED TREE LOCATIONS ARE BASED ON THE LOCATION OF EXISTING SIGNIFICANT TREES TO BE PRESERVED. IF PROPOSED TREE LOCATIONS CONFLICT WITH NON-SIGNIFICANT TREES NOT INCLUDED IN TREE SURVEY, OBTAIN APPROVAL OF THE OWNER'S REPRESENTATIVE FOR ALTERNATE TREE LOCATIONS PRIOR TO PLANTING. 4. TREES LOCATED IN TURF AREA SHALL BE MULCHED TO 18 INCHES FROM TRUNK (36" DIA RING) IN ALL DIRECTIONS AND INSTALLED TO A DEPTH OF 3". 5. WHERE ADJACENT TO A PAVED SURFACE, FINISHED PLANTING BEDS AND TREE RINGS SHALL BE FLUSH WITH SURROUNDING PAVEMENT. 6. IN ALL LOCATIONS WHERE EXISTING TURF AND VEGETATION IS DISTURBED, HYDROSEED WITH MNDOT SEED MIX 34-262, EXCEPT BELOW N.W.L. 907.1'. 7. SEE SHEETS L1.01 - L1.03 FOR INFORMATION ON EXISTING SIGNIFICANT TREES. R SHEET Bolton & Menk, Inc. 2023, All Rights Reservedch:\tomascom_pr\0t7129812\CAD\C3D\129812L101.dwg 9/21/2023 4:47:41 PMDESIGNED DRAWN CHECKED CLIENT PROJ. NO. ISSUED FOR DATENO.LINO LAKES, MINNESOTA OUTDOOR STORAGE EXPANSION 0T7.129812DATELIC. NO. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. KATHERINE A. GOULD, PLA 58699 09/21/2023 KAG KAG KAG L1.04 TREE MITIGATION & LANDSCAPE PLANFEETSCALE 0 50 100 HORZ.RLEGEND EXISTING SIGNIFICANT TREE TO BE PRESERVED CANOPY COVERAGE REQUIREMENT: CANOPY COVERAGE CALCULATIONS ARE NOT REQUIRED PER CITY CODE SECTION 1007.043(17).(a).1.(c) CANOPY COVER STANDARDS, WHICH STATES "CANOPY COVER REQUIREMENTS DO NOT APPLY TO SINGLE FAMILY RESIDENTIAL DEVELOPMENT, MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITHOUT SURFACE PARKING OTHER THAN INDIVIDUAL UNIT DRIVEWAYS, AND PERMITTED OUTDOOR STORAGE AREAS IN INDUSTRIAL DISTRICTS." TREE MITIGATION REQUIREMENT: FOR TREES REMOVED OUTSIDE THE BASIC USE AREA (20' BEYOND FOOTPRINT OF IMPROVEMENTS), TREES MUST BE MITIGATED AT THE FOLLOWING RATES: ·FOR DECIDUOUS TREES 6-12" DBH OR EVERGREEN TREES BETWEEN 12-20' TALL, PROVIDE ONE TREE PER TREE REMOVED. (39 REQUIRED) ·FOR DECIDUOUS TREES OVER 12" DBH OR EVERGREEN TREES OVER 20' TALL, PROVIDE TWO TREES PER TREE REMOVED. (4 REQUIRED) ·39 + 4 = 43 REQUIRED MITIGATION TREES Attachment 2: L1.04, Landscape Plan 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Katie Larsen, Lino Lakes City Planner From: Diane Hankee PE, Lino Lakes City Engineer Date: September 27, 2023 Re: Glamos Wire Storage Expansion CUP Plan Review 023534-000 WSB reviewed the plans for the Glamos Wire Storage Expansion site in Lino Lakes, MN, received September 22, 2023. The site is 17.93 acres and located at 2300 Main Street South of County Road 14 and east of County Road 84. Comments were made on the following documents: •Glamos Wire Outdoor Expansion plans prepared by Bolton & Menk, dated September 21,2023 The following review comments should be responded to in writing by the applicant. Bolton & Menk (9/21/2023) Responses in red. WSB (9/27/2023) responses and new comments in blue. Engineering •Grading A grading plan was provided for the storage expansion including paved areas, curb, and a basin. Water from the previous storage area to the north is collected in a drainage swale that runs around the outside of the curbed area (western) or sheet flows through this paved area (eastern) Comments: 1.The applicant shall clarify the proposed rim elevation of the pond OCS. The detail shows an elevation of 910.4 and the drainage plan sheet shows 908.1.(BM 9/21/2023) Rim elevation on Sheet C3.01 has been updated. 2.Call out the EOF for basin (BM 9/21/2023) EOF location and elevation have been called out on plans. 3.Eliminate the southwestern curb cut and direct drainage from northwestern corner tosouthern curb cut to minimize short circuiting of basin for treatment (0.8% slope) (BM 9/21/2023) Southwestern curb cub has been removed. 4.Existing spot elevations do not appear to match the existing contours in the previousstorage area in the northeast corner. (BM 9/21/2023) Sheet C3.01 has been updated. Attachment 3: City Engineer Memo dated September 27, 2023 Ms. Katie Larsen 09/27/2023 Page 2 Glamos Wire Storage Expansion Engineering Review 5.Verify whether there is an existing storm sewer structure east of what is shown on theplans. The storm sewer is not shown starting at a structure.(BM 9/21/2023) Drain tile from the previous rain garden enters the storm sewer structure from the east. There is no other storm sewer structure east of the catchbasin manhole. 6. The fence and vehicle gate are shown crossing the drainage swale at the northwestcorner of the storage area. Verify that these do not impede drainage or will collectdebris that would impede drainage. (BM 9/21/2023) The vehicle gate has been deleted. A note has been added to SheetC1.01 calling for a clearance of 0.5 feet between the channel bottom and the base ofthe fence. A summary of the open channel depth is 0.65 feet. The depth at theupstream side of the fence will increase 0.29 feet as the hydraulic control changesfrom open channel to orifice control. The 100-year depth just upstream of the fencewill be 0.94 feet, less than half-full in the channel. If debris collects at the corssing it will be removed by Tomas Company maintenance staff. •Stormwater Management The stormwater management for the storage expansion consists of an existing rain garden and proposed sedimentation basin. Based on the HydroCAD modeling and water quality calculations provided in the updated stormwater report, this project meets City requirements for rate control and water quality treatment. Pre- and Post- Development Discharge Rates (cfs) Condition 2-Year 10-Year 100-Year 10-Day Snowmelt Existing 22.91 36.73 70.61 Not provided Proposed 20.88 33.02 61.51 Not provided Comments: 1.The applicant shall clarify the proposed rim elevation of the pond OCS. The detailshows an elevation of 910.4 and the drainage plan sheet shows 908.1.(BM 9/21/2023) The Rim elevation has been updated in the plans. 2.The applicant shall revise the BMP design in the northwest corner of the basin.Locating an inlet that flows over the OCS and into the basin will result in flowshortcutting and potential long-term damage to the structure. It is recommended toshift the inlet location, OCS, or both to avoid this risk.(BM 9/21/2023) The 18” inlet pipe to the OCS has been realigned and extended todraw water from the southwestern corner of the pond. 3.The applicant shall revise the riprap shown on the plans to cover the surface down tothe normal water level of the pond. Current plans limit riprap to an elevation of 908,leaving approximately 10’ of unarmored ground at risk of erosion from flows into thebasin.(BM 9/21/2023) Riprap has been extended to the normal water level on Sheet C3.01 Ms. Katie Larsen 09/27/2023 Page 3 Glamos Wire Storage Expansion Engineering Review a.It is also recommended that the NWL and 100-yr HWL footprint of the BMPbe shown on the plans.(BM 9/21/2023) NWL and HWL footprint have been added to Sheet C3.01 4.As proposed, the swale routed to the inlet at the northwest corner of the pond flowsthrough a fence. The applicant shall revise the fence design at this location to ensureflows can pass freely and without risk of clogging from debris.(BM 9/21/2023) Please see comment #6 under grading above. •Water Supply Utilities are not proposed or shown for the site. Comments: 1.We recommend that the City Deputy Director of Public Safety-Fire Division review theproposed plan to verify fire protection •Sanitary Sewer Utilities are not proposed or shown for the site. •Transportation Vehicle access will occur through the existing storage area south of the building. No adverse traffic impacts are anticipated and a traffic study is not required. Comments: 1.A vehicle access gate is shown on the northwest corner of the proposed lot, but it isnot evident how this gate will be used considering the proposed swale in that locationand lack of impervious for driving. The applicant shall clarify this gate design.(BM 9/21/2023) The gate has been removed from the plans. •Wetlands and Mitigation Plan Wetlands are shown on the existing survey for the site. RCWD issued a decision in 2007 which found two incidental wetland areas on the property. Comments: a.Applicant to verify that wetland buffer requirements are being met.i.Rice Creek Watershed District to review(BM 9/21/2023) Wetland buffer requirements are being met. Please seeSheet C3.02. •Landscaping Ms. Katie Larsen 09/27/2023 Page 4 Glamos Wire Storage Expansion Engineering Review Landscaping plans were provided as part of the submittal. The City’s Environmental Coordinator to review landscaping and provide in-depth comments. •Floodplain No floodplain impacts are proposed on site. RCWD to review whether RCWD floodplains are impacted with the project. •Drainage and Utility Easements Drainage and utility easements are required over stormwater management areas (pipe and basin). (BM 9/21/2023) Drainage and utility easements over stormwater management areas have been drafted. (WSB 9/27/2023) Please provide final easements when available. •Development Agreement A Development Agreement is not applicable for this application. •Grading Agreement A Grading Agreement is not applicable for this application. •Stormwater Maintenance Agreement The stormwater facilities will be privately maintained, and a Declaration for Maintenance of Stormwater Facilities will be required. Both the Rice Creek Watershed District (RCWD) and the City of Lino Lakes shall be parties to the Declaration. (BM 9/21/2023) A Declaration for maintenance of stormwater facilities has been drafted. (WSB 9/27/2023) Please provide final maintenance agreement when available. •Permits Required 1.NPDES General Construction Permit 2.City of Lino Lakes Zoning Permit for construction 3.Rice Creek Watershed Permit (BM 9/21/2023) Acknowledged. Tomas Companies will submit an application for the NPDES Construction Stormwater Permit and for the City of Lino Lakes Zoning Permit. The Rice Creek Watershed has issued a permit with conditional approval. Ms. Katie Larsen 09/27/2023 Page 5 Glamos Wire Storage Expansion Engineering Review If you or the applicant have any questions regarding these comments, please contact Kris Keller at (612) 419-3083 or kkeller@wsbeng.com. You may also contact Diane Hankee at (651) 982-2430 or dhankee@linolakes.us. Page 1 To: Katie Larsen From: Andy Nelson Date: 9/05/23 9/25/23 Re: Environmental Comments/8-30-23/Glamos Wire Outdoor Storage-Amend CUP Environmental Board had the following comments at the 8-30-23 EB meeting: Applicant responses from 9-21-23 in blue. Environmental staff responses from 9/26/23 in green. 1. The following emerald ash borer infested trees must be removed: •11 trees along Otter Lake Road east of the sidewalk. •Trees 208-215 in the northeast corner of the property.These trees have the potential to impact public safety and cause off-site property damage. All other ash trees on the site that have not been treated to prevent emerald ash borer infestation should be removed as well. Response: The 11 trees along Otter Lake Road are now shown as trees to be removed, and the appropriate mitigation trees have been proposed. Trees 208-215 are outside of the property line and have been removed from plans. The 11 ash trees to remove along Otter Lake Road are shown on the attached Landscape Plan for Taylor Companies. These trees must be surveyed and removed. Trees 208-215 are ash shown to be planted on the property on the same attached Landscape Plan. These trees must be added to the survey and removed. These ash removals will not require additional mitigation trees to be planted. 2. Blanding’s turtle (Emydoidea blandingii) has been observed within a one-mile radius of the site. The MN DNR flyer and factsheet on this turtle must be provided to all contractors working on the site. Any sightings of this speciesshould be reported to City staff so that the turtles can be safely relocated. Environmental Memo Attachment 4: Environmental Coordinator memo dated September 25, 2023 Page 2 Response: Blanding’s turtle note has been added to the site plan sheet C1.01. Ok. 3. A vegetation management plan will be required for the berm and any additionalexposed soil resulting from the unpermitted grading activities. This will include a vegetation assessment that identifies the plant species currently present.Depending on the results of the assessment, a plan to prepare the site for nativeseeding may also be required. Response: An appropriate MnDOT seed mix has been proposed in place of the existing volunteer vegetation. A plan to prepare the berm for seeding is required. 4. Erosion blanket must be a natural net variety. A note stating this should be added to the Sediment and Erosion Control Plan (Sheet C2.01), the Erosion ControlBlanket Detail (Sheet C4.01), and the BMP Quantity Summary (Sheet C2.02). Response: Plan sheets have been updated accordingly.Ok. 5.Buffer and Screen comments: •West perimeter: 10 foot high fence; additional shrubs required to cover 50% of the west perimeter fence that faces Otter Lake Road •South perimeter: 8 foot high fence •East perimeter: 8 foot high fence Response: Plan sheets have been updated accordingly. Ok. 6. The provided Tree Protection Detail must be replaced with the City TreeProtection Fence Detail on Sheet L2.01. All trees planned for preservation willrequire tree protection fence to be installed in accordance with this detail. Also,the Tree Protection Zones (TPZs) must be shown on the Grading, Drainage, and Erosion Control Plan (Sheet C3.01). The TPZs must be in place prior to issuance of grading permit and will be reviewed by staff concurrently with inspection ofsediment and erosion control measures. Response: The Lino Lakes Tree Protection Fence Detail is now shown on sheet L2.01 andTPZ fence limits are shown on Sheet C3.01 and the appropriate landscape plan sheets. Tree protection fence not shown on plan sheets C3.01 or L1.03.Detail has been added to sheet L2.01. 1 CITY OF LINO LAKES RESOLUTION NO. 23-101 RESOLUTION APPROVING CONDITIONAL USE PERMIT AMENDMENT TO RESOLUTION NO. 21-69 FOR OUTDOOR STORAGE FOR TOMAS COMPANIES, INC./GLAMOS WIRE, INC. (2300 MAIN STREET) WHEREAS, on July 12, 2021, the City Council passed Resolution No. 21-69 approving a Conditional Use Permit for Open and Outdoor Storage at Glamos Wire, Inc. (2300 Main Street); and WHEREAS, on August 14, 2023, the City received a land use application for a Conditional Use Permit amendment from Tomas Companies, Inc./Glamos Wire, Inc. to expand the existing outdoor storage area and hereafter referred to as “Development”; and WHEREAS, the September 13, 2023 Planning & Zoning Staff Report and the October 9, 2023 Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS, the property is zoned LI, Light Industrial and allows for outdoor storage with an approved conditional use permit; and WHEREAS, the legal description of the subject property is as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City staff has completed a review of the land use application based on the following plans: •Narrative prepared by Bolton & Menk dated August 14, 2023 •Certificate of Survey prepared by Bolton & Menk dated September 21, 2023 •Site Development Plans for Tomas Companies prepared by Bolton & Menk datedSeptember 21, 2023 •ALTA/NSPS Land Title Survey prepared by EG Rud & Sons, Inc. dated July 2,2020 •Impervious Areas Exhibit prepared by Bolton & Menk dated August 2023 •Stormwater Drainage Report, Drainage Maps & Modeling prepared by Bolton & Menk revised dated September 21, 2023 •Geotechnical Report prepared by Braun Intertec Corporation dated March 29,1996 •Wetland Delineation Report prepared by Bolton & Menk dated April 25, 2023 WHEREAS, a public hearing was held before the Planning & Zoning Board on September 13, 2023 and the Board recommended approval of the conditional use permit amendment with a 7-0 vote. Attachment 5: Resolution No. 23-101 2 NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT Per City Code Section 1007.016(3): (e)The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed conditional use. Its judgement shall be based upon, but not limited to, the following factors: 1.The proposed development application has been found to be consistent with the design standards listed in City Code Section 1007.020(4). See below. 2.Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed outdoor storage will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 3.Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed outdoor storage will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Per City Code Section 1007.020: (4)Performance Standards. Plans which fail to meet the following criteria shall not be approved. (a)The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The proposed outdoor storage is consistent with industrial land use. (b)The proposed development application is compatible with present and future land uses of the area. The proposed outdoor storage is compatible with present and future land uses of the area. 3 (c)The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed outdoor storage conforms to City Code performance standards with minor revisions as noted in this resolution. (d)Traffic generated by a proposed development application is within the capabilities of the City when: 1. If the existing level of service (LOS) outside of the proposed development is A or B, traffic generated by a proposed development will not degrade the level of service more than one grade. 2. If the existing LOS outside of the proposed development is C, traffic generated by a proposed development will not degrade the level of service below C. 3. If the existing LOS outside of the proposed development is D, traffic generated by a proposed development will not degrade the level of service below D. 4. The existing LOS must be D or better for all streets and intersections providing access to the proposed development. If the existing level of service is E or F, the developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 5. Existing roads and intersections providing access to the proposed development must have the structural capacity to accommodate projected traffic from the proposed development or the developer will pay to correct any structural deficiencies. 6. The traffic generated from a proposed development shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. 7. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the proposed development project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. 4 Traffic generated by Glamos Wire, Inc. and the outdoor storage area are within capabilities of the streets serving the property. CR 84 (Otter Lake Road) and CSAH 14 (Main Street) are arterial and A-Minor Connector roads respectively. (e)The proposed development shall be served with adequate and safe water supply. The proposed outdoor storage will have an adequate water supply. (f)The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed outdoor storage does not require sanitary sewer. (g)The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed outdoor storage will not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. (h)Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. The proposed outdoor storage does not involve any activity involving the handling or storage of flammable or explosive materials. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of City Code Section 1007.120 (9) must also be met: (e)Outdoor storage (not outdoor sales lots) as an accessory use provided that: 1.The designated storage area shall comply with all building setback requirements for the district. Outdoor storage is prohibited between the principal structure and any public right-of-way. The required building setback along CR 84 (Otter Lake Road) is 50 feet. The proposed outdoor storage and fence setback is 160 ft. This requirement is met. The required building setback along the rear lot line is 15 feet. The proposed outdoor storage and fence setback is 250 ft. This requirement is met. The required building setback along the side lot line is 10 feet. The proposed outdoor storage and fence is 18 ft. This requirement is met. 5 No outdoor storage area is proposed between the principal structure and the public right-of-way. 2.The storage area is landscaped and screened from view of adjacent usesand public rights-of-way via a fence and greenbelt planting strip, in compliance with City Code Section 1007.043(17)(f). City Code Section 1007.043(17)(f) Buffer and Screen Standards for outdoor storage yards requires a 10 foot screen height and a wall or fence of permanent materials and plantings shall provide shrub cover for 50 percent of the wall or fence on the exterior side. Additionally, at its discretion, the City Council may approve a modification or waiver from these standards where the affected lot line adjoins another industrial property. Sheet C1.01, Site Plan notes the new fence section along Otter Lake Road is a 10ft tall vinyl fence to match the existing fence. Required landscaping is also provided. The south and east lot lines adjoin other industrial properties. City Council approves an 8ft tall vinyl fence to match existing be installed along the south and east perimeters of the outdoor storage area. No additional landscape plantings are required. 3.The entire storage area is fenced and secured in an appropriate manner. The proposed storage area is fenced and secured in an appropriate manner. 4. The storage area is blacktopped or concrete surfaced. The proposed outdoor storage area will be paved with asphalt. 5.The storage area does not take up parking space or loading space asrequired for conformity to this ordinance and is not located in the front yard. The proposed outdoor storage area does not impact off-street parking requirements. 6. The property shall not abut I-35W or I-35E. The property does not abut I-35W or I-35E. 7. The ratio of storage area to building footprint shall not exceed 1:1. The total storage area is 3.22 acres (1.31 acres existing + 1.91 acres new) and the building footprint is 3.22 acres. The ratio requirement is met. 8.All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. No on-street parking or loading is proposed. 6 9.Storage shall not include material considered hazardous under Federal orState Environmental Law. No additional comment. 10.The outdoor storage items or materials shall be directly related to theprincipal industrial user. No off-site user storage shall be allowed. No additional comment. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit amendment to Resolution No. 21-69 to expand the outdoor storage area for Tomas Companies, Inc./Glamos Wire, Inc. located at 2300 Main Street subject to the following conditions: 1. All illegal outdoor storage shall be removed within 30 days of the date ofapproval. 2. Except as approved by Resolution No. 21-69, no outdoor storage shall be allowed until the outdoor storage expansion area is completed. 3. The outdoor storage expansion area shall commence construction within six (6)months of the date of approval. 4. The outdoor storage expansion area shall be complete within twelve (12) months of the date of approval. 5. The outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shallbe accessory to the principal use. No off-site user storage shall be allowed. 6. The fence and/or outdoor storage items shall not impede or impair the function ofthe drainage or stormwater management system. 7. The only items and equipment allowed in the outdoor storage area are as follows: a. Semi-trailers, utility trailers, and company vehicles b.Wire stems c. Steel scrap bin d.Bales of cardboard e.Overflow pallets f.Snow plow and sanding equipment g. One (1) eight (8) yard trash bin 8. All outdoor storage shall be located within the approved outdoor storage area. Noitems or equipment shall be stored on the grass or landscaped area. 9. No outside storage shall be located between the principal structure and any public right-of-way. 7 10. No outdoor storage shall occur within 10 ft. of the east lot line within the outdoorstorage area. 11. The landscape planting requirement along the south fence and east fence is waived; however, the existing trees and landscaping shall not be removed or theyshall be replaced to provide sufficient screening in accordance with City Code. 12.A Site Performance Agreement and securities are required. 13.A building permit for the fence installation is required. 14. Failure to comply with any of the above listed conditions or approved plans may result in revocation of the conditional use permit. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements being addressed prior to issuance of a permit: 1.All plan sheets, submittals, and Certificate of Survey shall clearly and consistentlyshow a solid line for all lot lines. a.Per City Code Section 1007.001: Definitions LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street oralley right-of-way. 2.All plan sheets shall include the correct revision date. 3.Certificate of Survey: a.The lot line along CR 84 (Otter Lake Road) shall be clearly shown with a solid line. b.The Building Setback Line along CR 84 (Otter Lake Road) shall berevised to 50ft. 4. Site Development Plans for Tomas Companies: a.On all plan sheets, the lot line along CR 84 (Otter Lake Road) shall be clearly shown with a solid line. b. On all plan sheets, the Legend shows a dashed line for the Property Linewhich is not shown on the plans. This shall be revised. c.Sheet C1.01, Site Plan: i.Setback measurements shall be provided from the lot lines to the fences. 1. The setback line along CR 84 (Otter Lake Road) shall berevised to 50ft. 2. The setback line along the rear/south lot line shall be revised to 15ft. ii.Hydrants, utility mains, and symbols shall be shown and labeled. 8 d.Sheet L2.02, Fence Details: i.The Section of Screening notes an “Existing 10’ white vinyl fence” but an 8’ vinyl fence was approved in June 2022. Please confirm height and revise plan sheet accordingly. e.Sheet C3.02, Wetland Buffer: i.The sheet shall include the following: 1.A north arrow. 2. Monument sign locations per RCWD regulations. 3. Legend defining what the hatch marked areas represent. ii.The City of Lino Lakes and RCWD shall be listed as benefactorsto any wetland declarations or easements. Adopted by the Council of the City of Lino Lakes this 9th day of October, 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 CITY OF LINO LAKES RESOLUTION NO. 23-102 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH GLAMOS WIRE, INC. (2300 MAIN STREET) WHEREAS, the City has completed review of the site and building plan for Glamos Wire, Inc. located at 2300 Main Street; and WHEREAS, the parcel is legally described as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City Code Section 1007.020(6) requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Tomas Companies, Inc./Glamos Wire, Inc. is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9th day of October, 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 Attachment 6: Resolution No 23-102 Glamos Wire, Inc. Site Performance Agreement page 1 of 11 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2023, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Taylor Corporation, a Minnesota corporation; Tomas Commercial Real Estate Holdings, LLC, a Minnesota limited liability company (2300 Main Street, Lino Lakes, MN 55038) (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 9th day of October, 2023, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: That part of the West Half of the Southeast Quarter of the Northeast Quarter of Section 24, Township 31, Range 22, lying East of a line described as follows: Beginning at the Southeast corner of said West Half of Southeast Quarter of Northeast Quarter; thence Northerly to a point on the North line of said West Half of Southeast Quarter of Northeast Quarter distant 20 feet West from the Northeast corner of said West Half of the Southeast Quarter of the Northeast Quarter and there terminating, Except Parcel 10, Anoka County Highway Right-of-Way Plat No. 65, according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A.Improvements on the project site to be installed at the Developer’sexpense by the Developer as hereinafter provided are hereinafter referredto as “On-site Work”. B.Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafterreferred to as “Off-Site Work”. C.Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II.ON-SITE WORK. Attachment 7: Site Improvement Performance Agreement Glamos Wire, Inc. Site Performance Agreement page 2 of 11 A. On-Site Work. The On-Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The On-Site Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-Site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $ 20,000.00 2. Fences / Screen Structures $ 50,720.00 3. Trash Disposal Structures $15,000.00 4. Curbing / Islands / Delineators $ 28,700.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $36,100.00 6. Mobilization $ 10,000.00 7. Private Trails and / or Sidewalk $ 0.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $ 270,200.00 9. Water mains / Hydrants / Sanitary Sewers $ 0.00 10. Landscaping $ 30,000.00 11. Site Grading $19,868.00 12. Erosion Control $10,000.00 Total Estimated Cost of Developer Improvements $490,588.00 Security Requirement (Total * 35%) $ 171,705.80 Glamos Wire, Inc. Site Performance Agreement page 3 of 11 III. DEVELOPER FEES. A. Trunk Sanitary Sewer Connection Fees – Not Applicable The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,695.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,586.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees – Not Applicable The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,435.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge Glamos Wire, Inc. Site Performance Agreement page 4 of 11 For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,532.00 Per SAC Unit. C. Surface Water Management Area Charges – Not Applicable The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. Acres Fee 1. Sanitary Sewer Trunk Unit Fee ($1,695/unit; 2.92 units/Acre) $ 2. City Sewer Availability Fee ($1,586/SAC Unit) $ 3. Water Trunk Unit Fee ($2,435/unit; 2.92 units/Acre) $ 4. City Water Availability Fee ($1,532/SAC Unit) $ 5. City Surface Water Management Fee (/Acre) $ Total Estimated (Budget) Developer Fees $0.00 D. Metropolitan Council Environmental Services (MCES) Sewer Availability Charges (SAC) are in addition to the fees referenced above and shall be determined by MCES, and shall be paid with the Building Permit. IV. RECORD DRAWINGS. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. Glamos Wire, Inc. Site Performance Agreement page 5 of 11 b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. V. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. VI. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty-five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Glamos Wire, Inc. Site Performance Agreement page 6 of 11 Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section VI.A above. VII. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $2,500.00 2. Administration (Legal, Engineering, Planning and Contract Administration) $14,700.00 3. Negative Short Term Escrow Balance $0.00 Total Estimated (Budget) Costs for Escrow Account $17,200.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection Glamos Wire, Inc. Site Performance Agreement page 7 of 11 therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. IX. OCCUPATION OF PREMISES. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. INSURANCE. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property Glamos Wire, Inc. Site Performance Agreement page 8 of 11 damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. XI. REIMBURSEMENT FOR LITIGATION EXPENSES. The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XII. VALIDITY. If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XIII. GENERAL. A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested) or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The Glamos Wire, Inc. Site Performance Agreement page 9 of 11 addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. Glamos Wire, Inc. Site Performance Agreement page 10 of 11 CITY OF LINO LAKES By _________________________ Mayor ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2023, by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2023 by Jolleen Chaika as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Glamos Wire, Inc. Site Performance Agreement page 11 of 11 DEVELOPER By _________________________ [Name/Owner of Developer] STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2023, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6G STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: October 9, 2023 TOPIC: Consider 1st Reading of Ordinance No. 13-23 Zoning Ordinance Text Amendment-General Updates VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Ordinance No. 08-22 amending City Code Chapter 1007: Zoning Code was adopted in November 2022 and went into effect in January 2023. When administering a new zoning code, it is not uncommon to find language that needs to be amended or typos that need to be corrected. The following is a summary of proposed zoning code amendments. Strikethrough is deleted text, underline is new text. BACKGROUND Recreational Businesses The new ordinance only allows for indoor recreational businesses as permitted uses in the GB, General Business and LI, Light Industrial districts. Staff recommends these permitted uses also be allowed in all business districts and the GI, General Industrial district. •Proposed Amendment Section 1007.110 NB, Neighborhood Business District. (6)Permitted Uses. The following are permitted uses in the NB District: (a)Adult use – accessory. (b)Office business – clinic. 2 (c) Office business – general. (d) Personal services (subject to any licensing requirements of City Code, County, or State). (e) Recreational business contained entirely within the principal building. (e)(f) Restaurants. (f)(g) Retail business. (g)(h) Service business – on-site. (h)(i) Liquor sales: on-sale. (i)(j) Community gardens operated by the City. • Proposed Amendment Section 1007.111 LB, Limited Business District. (6) Permitted Uses. The following are permitted uses in the LB District: (a) Adult use – accessory. (b) Liquor sales – on and off sale. (c) Office business – clinic. (d) Office business – general. (e) Personal services (subject to any licensing requirements of City Code, County, or State). (e)(f) Recreational business contained entirely within the principal building. (f)(g) Residential extended care facilities such as nursing homes. (g)(h) Restaurants. 3 (h)(i) Retail business. (i)(j) Service business – off-site. (j)(k) Service business – on-site. (k)(l) Community Gardens operated by the City. • Proposed Amendment Section 1007.121 GI, General Industrial District (7) Permitted Uses. The following are permitted uses in the GI District: (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Commercial (production) bakery. (d) Community gardens operated by the City. (e) Construction-related businesses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (f) Feed and seed sales. (g) Greenhouses, nurseries. (h) Indoor Self-Storage. (i) Laundry, dry cleaning or dying plant. (j) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. (k) Mass transit terminals. 4 (l) Office business—clinic and general. (m) Radio and television stations. (m)(n) Recreational business contained entirely within the principal building. (n)(o) Warehousing and distribution facilities, but not including trucking terminal or mini self-storage facilities. (o)(p) Wholesale businesses/showrooms. PSP, Public and Semi-Public Street Right-of-Way Parking Lot & Recreation Facilities Setback The new ordinance does not include a street parking lot setback. Staff recommends 15ft which is consistent with the business and industrial zoning districts. The ordinance also does not address recreation facility/athletic field setbacks. Staff recommends 15ft consistent with parking lot setbacks. • Proposed Amendment Section 1007.130 PSP, Public and Semi-Public District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 50 feet. b. Major Collector or Arterial Street. 50 feet. c. Parking Lot. 15 feet. b.d. Recreation Facilities/Athletic Fields. 15 feet. 5 Data Centers The new ordinance only allows data centers as permitted uses in the BC, Business Campus district. Staff recommends also allowing them in the LI, Light Industrial and GI, General Industrial districts. • Proposed Amendment Section 1007.120 Light Industrial District. (7) Permitted Uses. The following are permitted uses in the LI District: (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Carpet and rug cleaning. (d) Community gardens operated by the City. (e) Construction-related businesses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (e)(f) Data centers. (f)(g) Feed and seed sales. (g)(h) Greenhouses, nurseries. (h)(i) Indoor Self-Storage. (i)(j) Laundry, dry cleaning, or dying plant. (j)(k) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. (k)(l) Mass transit terminals. 6 (l)(m) Office business—clinic and general. (m)(n) Radio and television stations. (n)(o) Recreational business contained entirely within the principal building. (o)(p) Research laboratories (p)(q) Trade or business schools. (q)(r) Warehousing and distribution facilities, but not including trucking terminal or mini self-storage facilities per City Code Section 1007.001(2). (r)(s) Wholesale businesses/showrooms. • Proposed Amendment Section 1007.121 GI, General Industrial District. (7) Permitted Uses. The following are permitted uses in the GI District: (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Commercial (production) bakery. (d) Community gardens operated by the City. (e) Construction-related businesses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (e)(f) Data centers. (f)(g) Feed and seed sales. (g)(h) Greenhouses, nurseries. (h)(i) Indoor Self-Storage. 7 (i)(j) Laundry, dry cleaning or dying plant. (j)(k) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. (k)(l) Mass transit terminals. (l)(m) Office business—clinic and general. (m)(n) Radio and television stations. (n)(o) Warehousing and distribution facilities, but not including trucking terminal or mini self-storage facilities. (o)(p) Wholesale businesses/showrooms. General Building and Use Provisions The following general revisions need to be made to better clarify intent of the ordinance. The Planning & Zoning Board recommended omitting the 4/12 roof pitch requirement stating many modern single family homes don’t need to have a sloped roof. This change is reflected below. • Proposed Amendment Section 1007.043 General Building and Use Provisions. (2) Building Type and Construction. (a) Single Family Detached Dwellings. All single family detached dwellings shall meet the following design criteria: 1. All dwellings, including an attached garage, shall have permanent concrete, treated wood foundation, or other foundation anchoring system approved by the Building Official. 8 2. All dwellings, including an attached garage, shall have a minimum width of 24 feet at its narrowest point. Width measurement shall not take into account overhangs or other projections beyond the principal exterior walls. 3. All dwellings shall have a garage that is a minimum of 20 feet in width and has a minimum footprint of 520 square feet. 4. All dwellings, including an attached garage, with a sloped roof shall have a minimum 12 inch roof overhang and enclosed soffit. 5. All dwellings and any attached garage, including an attached garage, excluding porches, shall have a minimum 4/12 roof pitch and with a sloped roof shall be covered with shingles or tiles or a standing seam metal roof. 6. All dwellings, including an attached garage, shall be built in compliance with the Minnesota State Building Code. 7. The exterior walls of all single family dwellings, including an attached garage, shall be similar in appearance to standard wood or masonry residential construction. Any metal siding upon single family residence structureson a dwelling, including an attached garage, shall have a vertical dimension no greater than 12 inches. Sheet metal siding shall not be permitted. (d) (e)(d) Commercial, Industrial, and Institutional. All buildings constructed on land within commercial, industrial, public and semi-public zoning districts, and all institutional buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following: 7. Any wall facing a public right-of-way shall not have an uninterrupted length exceeding 100 feet without including at least two of the following: change in plane, change in texture or masonry pattern, two (2) class 1 materials, windows in a manner that is impactful to the design, or an equivalent element that subdivides the wall into human scale proportions. This shall only apply to commercial, public, educational, and religious buildings. 7. 16. Building foundations not exceeding two (2) feet need not comply with the requirements for the primary water wall treatments or materials. Quasi-Public Structures 9 The following sections were accidently deleted from the previous zoning ordinance and should be added back in. There is no change in the language. • Proposed Amendment The Planning & Zoning Board suggested defining quasi-public structure so a new definition has been added to the draft ordinance. Section 1007.043 General Building and Use Provisions. (2) Building Type and Construction. (e) Quasi-Public Structures. 1. No quasi-public structure shall be located within the public right-of-way except as approved by the City Council. Such structure shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, signs and others. 2. Public and quasi-public utility poles and underground services may be permitted within public right-of-way provided that: a. A permanent identification tag or marking is affixed to each structure. b. The City is notified as to the location and date of placement of the structure. c. The City is notified of any change of structure ownership, removal or modification. d. Lease or joint use agreements or arrangements applicable to each utility structure are disclosed. (f) Completion of Exterior Improvements. 1. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of twelve (12) units or less, or any structure accessory to a residential use shall be completed in accordance with City- approved construction plans within one hundred eighty (180) days after the date the City issued the building permit. 2. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than twelve (12) units or any commercial, industrial, office, institutional or non-residential structure shall be completed in accordance with City-approved construction plans within one (1) year after the date the City issued the building permit. 3. In all cases, the compliance deadline shall be upheld unless: a. The process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule, as amended, which would extend the completion date beyond those listed in paragraphs 1. and 2. above; or 10 b. A written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. 4. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in paragraphs 1. and 2. above (Ordinance No. 01-08), the time period for the limits begins with the effective date of the amendment establishing the time limits. Off-Street Parking The old ordinance requirement for Fast Food parking spaces was fifteen (15) spaces per 1,000 sf of gross floor area. The new ordinance is one (1) space per 50sf of floor area plus one (1) space for each employee. Staff recommends going back to the old ordinance. Applying the new ordinance results in an overabundance of parking spaces than needed. For consistency with other parking requirements, staff recommends changing the requirement based on 1 space per 67 gross sf (1,000/15 = 67). • Proposed Amendment Section 1007.044 Off-Street Parking. (6) Number of Spaces Required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: Fast Food Restaurant 1 space for each 50 67 square feet of gross floor area., plus 1 space for each employee of the maximum work shift. Native Landscapes Minnesota passed a new law effective July 1st that requires municipalities to allow property owners and occupants to install and maintain managed natural landscapes. This statute needs to be adopted into City ordinances. See attached State Statute 412.925 Native Landscapes language. • Proposed Amendment Section 1007.043(17) Screening, Landscaping, Buffer Yards and Tree Preservation. 11 (h) Sod and Ground Cover. All areas not otherwise improved in compliance with the approved site plans shall have a minimum depth of four (4) inches of topsoil and be sodded including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows: 5. 6. Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front lot line and/or side lot line abutting a public street, as part of a garden or landscape treatment. 5. Native Landscapes in compliance with Minnesota Statute 412.925. General Parcel, Lot and Yard Provisions. Section 1007.082 was the proposed FUD, Future Urban Development District that was not adopted in the new ordinance. This reference under Section 1007.042 shall be deleted. • Proposed Amendment Section 1007.042 General Parcel, Lot and Yard Provisions. (2) Unsewered Lots. (a) Except as provided for in City Code Section 1007.042(1)(d), Section 1007.042(2)(b) and , Section 1007.066 and Section 1007.082, the minimum unsewered lot size within any zoning district is 10 acres. Fences The following correction shall be made. • Proposed Amendment Section 1007.043(18) Fences and Retaining Walls. (f) Rural and Residential District Fences. 4. Rural and Residential Fences Height Exceptions. 12 a. A fence for a sport court not exceeding 12 feet in height may be located at least 10 foot from side and rear lot lines. b. Residential and rural boundary line fences not exceeding eight (8) feet in height may be located along a lot line abutting a commercial, industrial, or semi-public use or zoning district. I-35W and I-35E Setbacks The current zoning ordinance establishes Street Right-of-Way setbacks. On a double frontage lot, the street right-of-way setback applies to both the front and rear lot lines. For example, the properties 248-400 Apollo Drive are zoned LI, Light Industrial. The street right-of-way setback from both CSAH 12 (Apollo Drive) and I-35W, both arterial streets, is 50 feet. In practice, a 50 foot front setback has been applied along Apollo Drive and a 15-30 foot rear setback has been applied along I-35W. Technically, the rear setback should be 50 feet. This would unnecessarily encumber the rear yard. Staff is proposing parcels abutting I-35W or I-35E that are zoned industrial have a street right- of-way setback along the interstate of 15 feet which is consistent with the required rear lot line setback. • Proposed Amendment (This is just an example of how the LI, Light Industrial District will read. The final amended ordinance will include the same changes for the GI, General Industrial and BC, Business Campus Districts.) Section 1007.120 LI, Light Industrial District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Collector or Arterial Street. 50 feet. b.c. I-35W or I-35E. 15feet. c.d. Parking Lot. 15 feet. 13 2. Rear Lot Line. a. Principal Building. 15 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 3. Side Lot Line. a. Principal Building. 10 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 4. From Property Guided by the Comprehensive Plan for Residential Use. 75 feet. (3) Buffer. Where a side or rear lot line in an LI District coincides with an adjacent public road right-of-way or abuts property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot line not less than 40 feet wide and shall contain landscaping, planting, berming, or other effective screening suitable to provide an effective screen in compliance with City Code Section 1007.043(17)(f). Setbacks-Major Collector Streets In all zoning districts, the setback from Street Right-of Way is either from: a. Local or Minor Collector Street. b. Major Collector or Arterial Street. Unfortunately, the word “Major” was accidently left out in some of the zoning districts and will be corrected accordingly. • Proposed Amendment Section 1007.110 NB, Neighborhood Business District. (2) Lot and Setback Requirements. 14 (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 40 feet. c. Parking Lot. 15 feet. PUD, Planned Unit Development District The following corrections/additions are needed to the PUD zoning district. • Proposed Amendment Section 1007.131 PUD, Planned Unit Development District. 1.(5) List of PUD, Planned Unit Developments. The following is a list of PUD, Planned Unit Developments: (a) Rice Lake Estates. 1. Ord. No. 09-88, Adopted August 8, 1988. (b) Pineridge Addition. 1. Ord. No. 08-90, Adopted September 10, 1990. (c) Wenzel Farms. 1. Ord. No. 04-91, Adopted April 8, 1991. 2. Ord. No. 06-91, Adopted April 8, 1991. (d) Park Grove. 1. Ord. No. 15-92, Adopted August 10, 1992. (e) Quail Ridge. 1. Ord. No. 15-92, Adopted August 10, 1992. 15 (f) Willow Ponds. 1. Ord. No. 17-92, Adopted September 14, 1992. 2. Ord. No. 11-95, Adopted July 10, 1995. (g) Country Lake Estates. 1. Ord. No. 93-10, Adopted July 26, 1993. (h) Trappers Crossing. 1. Ord. No. 14-94, Adopted August 22, 1994. (i) Behms Century Farm. 1. Ord. No. 08-95, Adopted May 8, 1995. (j) Apollo Meadows Townhomes (CIC 34). 1. Adopted December 16, 1996. (k) Surfside Addition. 1. Ord. No. 22-97, Adopted September 8, 1997. 2. Res. No. 99-47, Adopted June 28, 1999. (l) Highland Meadows West. 1. Ord. No. 32-97, Adopted November 10, 1997. 2. Ord. No. 03-00, Adopted February 14, 2000. (m) Clearwater Creek 3rd-5th Addition. 1. Ord. No. 08-99, Adopted April 26, 1999. (n) Apollo Business Park (CIC 224 Lino Lakes Condo). 1. Ord. No. 09-99, Adopted April 26, 1999. (o) Lino Lakes Commercial Development/JADT Addition 1. Ord. No. 12-99, Adopted May 10, 1999. 16 (o)(p) Peregrine Pass. 1. Res. No. 99-25, Adopted May 24, 1999. 2. Ord. No. 14-99, Adopted June 14, 1999. (p)(q) Spirit Hills Center. 1. Ord. No. 08-02, Adopted December 9, 2002. (q)(r) Keefe Estates. 1. Ord. No. 05-03, Adopted March 10, 2003. (r)(s) Millers Crossroads. 1. Ord. No. 20-03, Adopted October 13, 2003. (s)(t) Lino Lakes Market Place. 1. Ord. No. 16-01, Adopted August 27, 2001. 1.2. Ord. No. 03-05, Adopted July 11, 2005. 2.3. Ord. No. 04-05, Adopted June 27, 2005. Findings of Fact Per City Code Section 1007.015(4) (e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action is consistent with the official City Comprehensive Plan. The proposed action is consistent with the official City Comprehensive Plan goals of addressing water rate and quantity, water quality, or groundwater management. 2. The proposed action is or will be compatible with present and future land uses of the area. The proposed action is compatible with present and future land uses of the area. 17 3.The proposed action conforms with all performance standards contained herein. The proposed action conforms with all performance standards. 4.The proposed action can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed action can be accommodated with existing public services and will not overburden the City’s service capacity. 5.Traffic generation by the proposed action is within capabilities of streets serving the property as described in City Code Section 1007.020(4)(d). Traffic generation is not applicable to the proposed action. RECOMMENDATION The Planning & Zoning Board held a public hearing on September 13, 2023. There were no public comments. The Board voted 7-0 in favor of the proposed ordinance amendments with the deletion of the 4/12 roof pitch requirement and adding a quasi-public structure definition. Staff recommends approval of the 1st reading of Ordinance No. 13-23. ATTACHMENTS 1.Ordinance No. 13-23 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 13-23 ORDINANCE AMENDING CITY CODE CHAPTER 1007 RELATED TO GENERAL ORDINANCE UPDATES The City Council of Lino Lakes ordains: Section 1. Findings. The City Council finds that the zoning ordinance text amendment protects the public health, safety, comfort, convenience and general welfare of the residents of the community. Section 2. Amendment. The Lino Lakes City Code Chapter 1007 is hereby amended as follows: •Section 1007.001(2) Definitions: QUARTER-QUARTER SECTION. The northeast, northwest, southwest or southeast quarter of a quarter section delineated by the United States Government system of land survey and which is exactly or nearly 40 acres in size. QUASI-PUBLIC. Essentially public although under private ownership or control. RECREATION AREA. An outdoor area which may include water bodies and incidental buildings thereto used or intended for active or passive recreation, including, but not limited to, parks, playground, hunting preserves, polo grounds, nature trails, bridle paths, beaches, campsites, ski and snowmobile trails, and canoe routes, provided that parcels on which there are located stadiums, arenas, bowling alleys, swimming pools, and other recreational activities conducted primarily in structures are not recreation areas. •Section 1007.110 NB, Neighborhood Business District. (2)Lot and Setback Requirements. (c)Setbacks. Attachment 1: Ordinance No. 13-23 2 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 40 feet. c. Parking Lot. 15 feet. (6) Permitted Uses. The following are permitted uses in the NB District: (a) Adult use – accessory. (b) Office business – clinic. (c) Office business – general. (d) Personal services (subject to any licensing requirements of City Code, County, or State). (e) Recreational business contained entirely within the principal building. (e)(f) Restaurants. (f)(g) Retail business. (g)(h) Service business – on-site. (h)(i) Liquor sales: on-sale. (i)(j) Community gardens operated by the City. • Section 1007.111 LB, Limited Business District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 40 feet. 3 c. Parking Lot. 15 feet. (6) Permitted Uses. The following are permitted uses in the LB District: (a) Adult use – accessory. (b) Liquor sales – on and off sale. (c) Office business – clinic. (d) Office business – general. (e) Personal services (subject to any licensing requirements of City Code, County, or State). (e)(f) Recreational business contained entirely within the principal building. (f)(g) Residential extended care facilities such as nursing homes. (g)(h) Restaurants. (h)(i) Retail business. (i)(j) Service business – off-site. (j)(k) Service business – on-site. (k)(l) Community Gardens operated by the City. • Section 1007.121 GI, General Industrial District (7) Permitted Uses. The following are permitted uses in the GI District: (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Commercial (production) bakery. (d) Community gardens operated by the City. (e) Construction-related businesses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. 4 (f) Data centers (f)(g) Feed and seed sales. (g)(h) Greenhouses, nurseries. (h)(i) Indoor Self-Storage. (i)(j) Laundry, dry cleaning or dying plant. (j)(k) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. (k)(l) Mass transit terminals. (l)(m) Office business—clinic and general. (n) Radio and television stations. (m)(o) Recreational business contained entirely within the principal building. (n)(p) Warehousing and distribution facilities, but not including trucking terminal or mini self-storage facilities. (o)(q) Wholesale businesses/showrooms. • Section 1007.112 GB, General Business District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 40 feet. c. Parking Lot. 15 feet. 5 • Section 1007.130 PSP, Public and Semi-Public District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 50 feet. b. Major Collector or Arterial Street. 50 feet. c. Parking Lot. 15 feet. b.d.Recreation Facilities/Athletic Fields. 15 feet. • Section 1007.120 Light Industrial District. (7) Permitted Uses. The following are permitted uses in the LI District: (a) Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. (b) Building material sales. (c) Carpet and rug cleaning. (d) Community gardens operated by the City. (e) Construction-related businesses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. (e)(f) Data centers. (f)(g) Feed and seed sales. (g)(h) Greenhouses, nurseries. (h)(i) Indoor Self-Storage. (i)(j) Laundry, dry cleaning, or dying plant. (j)(k) Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, noxious products, by-products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. 6 (k)(l) Mass transit terminals. (l)(m) Office business—clinic and general. (m)(n) Radio and television stations. (n)(o) Recreational business contained entirely within the principal building. (o)(p) Research laboratories (p)(q) Trade or business schools. (q)(r) Warehousing and distribution facilities, but not including trucking terminal or mini self-storage facilities per City Code Section 1007.001(2). (r)(s) Wholesale businesses/showrooms. • Section 1007.043 General Building and Use Provisions. (2) Building Type and Construction. (a) Single Family Detached Dwellings. All single family detached dwellings shall meet the following design criteria: 1. All dwellings, including an attached garage, shall have permanent concrete, treated wood foundation, or other foundation anchoring system approved by the Building Official. 2. All dwellings, including an attached garage, shall have a minimum width of 24 feet at its narrowest point. Width measurement shall not take into account overhangs or other projections beyond the principal exterior walls. 3. All dwellings shall have a garage that is a minimum of 20 feet in width and has a minimum footprint of 520 square feet. 4. All dwellings, including an attached garage, with a sloped roof shall have a minimum 12 inch roof overhang and enclosed soffit. 5. All dwellings and any attached garage, including an attached garage, excluding porches, shall have a minimum 4/12 roof pitch and with a sloped roof shall be covered with shingles or tiles or a standing seam metal roof. 6. All dwellings, including an attached garage, shall be built in compliance with the Minnesota State Building Code. 7 7. The exterior walls of all single family dwellings, including an attached garage, shall be similar in appearance to standard wood or masonry residential construction. Any metal siding upon single family residence structureson a dwelling, including an attached garage, shall have a vertical dimension no greater than 12 inches. Sheet metal siding shall not be permitted. (b) Two Family Dwellings and Townhouse Design and Construction Standards. 1. Unit Width. The minimum width of a two family or townhouse dwelling unit shall be 24 feet. The minimum footprint per unit shall be established within the zoning district. 2. Unit Construction. a. Building elevations and floor plans shall be furnished illustrating exterior building materials and colors to demonstrate compliance with City Code Section 1007.043 (2)(b)2.d. Building floor plans shall identify the interior storage space within each unit. b. Decks or Porches. Provisions shall be made for possible decks, porches, or additions as part of the initial dwelling unit building plans. c. Minimum Overhang. All dwellings, including an attached garage, with a sloped roof shall have a minimum 12 inch roof overhang and enclosed soffit. d. Exterior Building Finish. The exterior of townhouse dwelling units shall include a variation in building materials which are to be distributed throughout the building façades on all sides and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, townhouse dwelling structures shall comply with the following requirements: i. A minimum of 25% of the combined area of all building walls shall have an exterior finish of brick, natural stone, or artificial stone. ii. Except for brick, natural stone, or artificial stone, no single building wall shall have more than 75% of one type of exterior finish. iii. For the purpose of this section, the area of the building walls shall not include area devoted to windows, entrance doors, garage doors, or roof areas. e. All dwellings, and anyincluding an attached garage, with a sloped roof shall have a minimum 4/12 roof pitch and shall be covered with shingles or tiles or a standing seam metal roof. (d) Commercial, Industrial, and Institutional. All buildings constructed on land within commercial, industrial, public and semi-public zoning districts, and all institutional 8 buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following: 7. Any wall facing a public right-of-way shall not have an uninterrupted length exceeding 100 feet without including at least two of the following: change in plane, change in texture or masonry pattern, two (2) class 1 materials, windows in a manner that is impactful to the design, or an equivalent element that subdivides the wall into human scale proportions. This shall only apply to commercial, public, educational, and religious buildings. 7. 16. Building foundations not exceeding two (2) feet need not comply with the requirements for the primary water wall treatments or materials. (e) Quasi-Public Structures. 1. No quasi-public structure shall be located within the public right-of-way except as approved by the City Council. Such structure shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, signs and others. 2. Public and quasi-public utility poles and underground services may be permitted within public right-of-way provided that: a. A permanent identification tag or marking is affixed to each structure. b. The City is notified as to the location and date of placement of the structure. c. The City is notified of any change of structure ownership, removal or modification. d. Lease or joint use agreements or arrangements applicable to each utility structure are disclosed. (f) Completion of Exterior Improvements. 1. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of twelve (12) units or less, or any structure accessory to a residential use shall be completed in accordance with City-approved construction plans within one hundred eighty (180) days after the date the City issued the building permit. 2. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than twelve (12) units or any commercial, industrial, office, institutional or non- residential structure shall be completed in accordance with City-approved construction plans within one (1) year after the date the City issued the building permit. 9 3. In all cases, the compliance deadline shall be upheld unless: a. The process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule, as amended, which would extend the completion date beyond those listed in paragraphs 1. and 2. above; or b. A written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. 4. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in paragraphs 1. and 2. above (Ordinance No. 01-08), the time period for the limits begins with the effective date of the amendment establishing the time limits. • Section 1007.044 Off-Street Parking. (6) Number of Spaces Required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth: Fast Food Restaurant 1 space for each 50 67 square feet of gross floor area., plus 1 space for each employee of the maximum work shift. • Section 1007.043(17) Screening, Landscaping, Buffer Yards and Tree Preservation. (h) Sod and Ground Cover. All areas not otherwise improved in compliance with the approved site plans shall have a minimum depth of four (4) inches of topsoil and be sodded including boulevard areas. Exceptions to these criteria may be approved by the Zoning Administrator as follows: 5. Natural Prairie Restoration Areas. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front lot line and/or side lot line abutting a public street, as part of a garden or landscape treatment. 5. Native Landscapes in compliance with Minnesota Statute 412.925. • Section 1007.042 General Parcel, Lot and Yard Provisions. (2) Unsewered Lots. (a) Except as provided for in City Code Section 1007.042(1)(d), Section 1007.042(2)(b) and , Section 1007.066 and Section 1007.082, the minimum unsewered lot size within any zoning district is 10 acres. 10 • Section 1007.043(18) Fences and Retaining Walls. (f) Rural and Residential District Fences. 4. Rural and Residential Fences Height Exceptions. a. A fence for a sport court not exceeding 12 feet in height may be located at least 10 foot from side and rear lot lines. b. Residential and rural boundary line fences not exceeding eight (8) feet in height may be located along a lot line abutting a commercial, industrial, or semi-public use or zoning district. • Section 1007.120 LI, Light Industrial District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 50 feet. b.c. I-35W or I-35E. 15 feet. c.d. Parking Lot. 15 feet. 2. Rear Lot Line. a. Principal Building. 15 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 3. Side Lot Line. a. Principal Building. 10 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 11 4. From Property Guided by the Comprehensive Plan for Residential Use. 75 feet. (3) Buffer. Where a side or rear lot line in an LI District coincides with an adjacent public road right-of-way or abuts property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot line not less than 40 feet wide and shall contain landscaping, planting, berming, or other effective screening suitable to provide an effective screen in compliance with City Code Section 1007.043(17)(f). • Section 1007.121 GI, General Industrial District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 50 feet. b.c. I-35W or I-35E. 15 feet. c.d. Parking Lot. 15 feet. 2. Rear Lot Line. a. Principal Building. 15 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 3. Side Lot Line. a. Principal Building. 10 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 4. From Property Guided by the Comprehensive Plan for Residential Use. 75 feet. (3) Buffer. Where a side or rear lot line in an GI District coincides with an adjacent public road right-of-way or abuts property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot 12 line not less than 40 feet wide and shall contain landscaping, planting, berming, or other effective screening suitable to provide an effective screen in compliance with City Code Section 1007.043(17)(f). • Section 1007.122 BC, Business Campus District. (2) Lot and Setback Requirements. (c) Setbacks. 1. From Street Right-of-Way. a. Local or Minor Collector Street. 30 feet. b. Major Collector or Arterial Street. 50 feet. b.c. I-35W or I-35E. 15 feet. c.d. Parking Lot. 15 feet. 2. Rear Lot Line. a. Principal Building. 15 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 3. Side Lot Line. a. Principal Building. 10 feet. b. Accessory Building. 10 feet. c. Parking Lot. 5 feet. 4. From Property Guided by the Comprehensive Plan for Residential Use. 75 feet. (3) Buffer. Where a side or rear lot line in an BC District coincides with an adjacent public road right-of-way or abuts property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot line not less than 40 feet wide and shall contain landscaping, planting, berming, or other effective screening suitable to provide an effective screen in compliance with City Code Section 1007.043(17)(f). • Section 1007.131 PUD, Planned Unit Development District. 13 (3)(5) List of PUD, Planned Unit Developments. The following is a list of PUD, Planned Unit Developments: (a) Rice Lake Estates. 1. Ord. No. 09-88, Adopted August 8, 1988. (b) Pineridge Addition. 1. Ord. No. 08-90, Adopted September 10, 1990. (c) Wenzel Farms. 1. Ord. No. 04-91, Adopted April 8, 1991. 2. Ord. No. 06-91, Adopted April 8, 1991. (d) Park Grove. 1. Ord. No. 15-92, Adopted August 10, 1992. (e) Quail Ridge. 1. Ord. No. 15-92, Adopted August 10, 1992. (f) Willow Ponds. 1. Ord. No. 17-92, Adopted September 14, 1992. 2. Ord. No. 11-95, Adopted July 10, 1995. (g) Country Lake Estates. 1. Ord. No. 93-10, Adopted July 26, 1993. (h) Trappers Crossing. 1. Ord. No. 14-94, Adopted August 22, 1994. (i) Behms Century Farm. 1. Ord. No. 08-95, Adopted May 8, 1995. (j) Apollo Meadows Townhomes (CIC 34). 1. Adopted December 16, 1996. (k) Surfside Addition. 14 1. Ord. No. 22-97, Adopted September 8, 1997. 2. Res. No. 99-47, Adopted June 28, 1999. (l) Highland Meadows West. 1. Ord. No. 32-97, Adopted November 10, 1997. 2. Ord. No. 03-00, Adopted February 14, 2000. (m) Clearwater Creek 3rd-5th Addition. 1. Ord. No. 08-99, Adopted April 26, 1999. (n) Apollo Business Park (CIC 224 Lino Lakes Condo). 1. Ord. No. 09-99, Adopted April 26, 1999. (o) Lino Lakes Commercial Development/JADT Addition 1. Ord. No. 12-99, Adopted May 10, 1999. (o)(p) Peregrine Pass. 1. Res. No. 99-25, Adopted May 24, 1999. 2. Ord. No. 14-99, Adopted June 14, 1999. (p)(q) Spirit Hills Center. 1. Ord. No. 08-02, Adopted December 9, 2002. (q)(r) Keefe Estates. 1. Ord. No. 05-03, Adopted March 10, 2003. (r)(s) Millers Crossroads. 1. Ord. No. 20-03, Adopted October 13, 2003. (s)(t) Lino Lakes Market Place. 1. Ord. No. 16-01, Adopted August 27, 2001. 1.2.Ord. No. 03-05, Adopted July 11, 2005. 2.3.Ord. No. 04-05, Adopted June 27, 2005. 15 Section 3. Effective Date. This Ordinance shall be effective from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this _____day of ____________, 2023. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6H STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: TOPIC: October 9, 2023 Consider 2nd Reading of Ordinance No. 11-23 Approving Sale of Property to TS Miller Co. (Rice Industries) VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to approve the sale of 1.14 acres of land to TS Miller Co., (Rice Industries) to facilitate industrial building expansion. BACKGROUND Rice Industries is a 46 year old full service distributor serving the metal casting industries. Rice acquired a 1.9 acre parcel from the City in 1997 for the construction of a 10,000 square foot warehousing facility at 424 Apollo Drive. In 2021 Rice Industries was acquired by TS Miller Co., and they are now in the process of expanding the existing facilities. The proposed 14,000 SF expansion requires additional land to meet drainage, impervious surface and setback requirements. The City is the owner of an adjacent 1.14 acre parcel. The parcel was originally used for borrow material as part of the development of the Apollo Business Park and serves as an overflow storm water management ponding area for the Rice Industries site. To facilitate the proposed expansion staff is proposing conveyance of the city parcel to TS Miller Co. The property is currently tax exempt and has a value of $24,000 per the County Assessor’s office. To facilitate the project and place the property back on the tax rolls the City is proposing a sale price at a nominal fee of $1. Because the value of the property is less than $150,000 the conveyance is not considered a Business Subsidy under state requirements. The City will retain a drainage and utility easement over the portion of property not needed for expansion purposes. TS Miller Co. will be responsible for city costs associated with the transfer. The conveyance will be conditioned on construction activities starting within 18 months of approval. The company would like to begin construction as early October of 2023. 2 The conveyance was discussed with the Economic Development Advisory Committee on August 3rd and they supported conveyance of the property. The City Council approved the 1st Reading of Ordinance No. 11-23 on September 25, 2023. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 11-23. ATTACHMENTS 1. Ordinance No. 11-23 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 11 -23 ORDINANCE APPROVING SALE OF LAND TO TS MILLER CO. (RICE INDUSTRIES) The City Council of Lino Lakes ordains: Section 1. Property. The City is the fee owner of the Property legally described as: Exhibit A and depicted on Exhibit B Section 2. Findings. 1. The Property is excess property identified for sale to promote economic development. 2. The Property is guided for industrial use in the City’s 2040 Comprehensive Plan and zoned GI, General Industrial. 3. The sale of the Property will result in development of the property and enhancement of the City’s tax base. 4. The sale of the Property will result in the creation of new jobs in the City. 5. The Property is valued at $24,000, and the City is considering selling the Property for $1.00. Section 3. Authorization. The City Council approves the sale of the Property to TS Miller Co. (Rice Industries, Inc.) The Mayor and the City Administrator 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. 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 9th day of October, 2023. BY: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk Exhibit A Legal Description That part of Outlot B, Apollo Business Park, Anoka County, Minnesota lying southwesterly of Line A as described below: Line A: Commencing at the most northerly corner of said Outlot B; thence on an assumed bearing of South 58 degrees 02 minutes 08 seconds West along the northwesterly line of said Outlot B a distance of 126.35 feet; thence southwesterly along said northwesterly line, being a tangential curve concave to the southeast, having a radius of 799.00 feet, a central angle of 17 degrees 50 minutes 56 seconds and arc length of 248.91 feet; thence South 40 degrees 11 minutes 12 seconds West along said northwesterly line and tangent to said curve a distance of 337.84 feet; thence southwesterly along said northwesterly line, being a tangential curve concave to the southeast, having a radius of 799.00 feet a central angle of 04 degrees 36 minutes 00 seconds and an arc length of 64.14 feet; thence South 23 degrees 01 minutes 44 seconds West a distance of 347.44 feet to said northwesterly line and the point of beginning of Line A to be described; thence South 57 degrees 35 minutes 05 seconds East a distance of 203.37 feet to the southeasterly line of said Outlot B and there terminating. Exhibit B Parcel Map CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6I STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: October 9, 2023 TOPIC: Consider Resolution No. 23-106, Adopting Assessments, 2023 Individual Properties VOTE REQUIRED: 3/5 _______________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to adopt assessments for properties where the owners have requested connection to City utilities and have entered into a Petition and Waiver Agreement. BACKGROUND The property owners have submitted a signed waiver, which waives their rights to a hearing and waives their rights to appeal under the Lino Lakes City Charter and/or Minnesota Statute 429 provided that the assessment associated with the improvement is levied against their property. The City will adopt assessments for the following individual properties, which requested connection to city utilities: -785 Vicky Lane The total amount to be assessed is $9,294.00. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 23-106, Adopting Assessments, 2023 Individual Properties. ATTACHMENTS 1.Resolution No. 23-106 2.Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 23-106 ADOPTING INDIVIDUAL ASSESSMENTS WHEREAS, pursuant to an executed Petition and Waiver Agreement, associated property owners waive all rights to a hearing on conducting of local improvements which will benefit the following properties which requested connection to City utilities: - 785 Vicky Lane NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2024, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 9th day of October, 2023. Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk ASSESSMENT ROLL OCTOBER 9, 2023 2023 INDIVIDUAL ASSESSMENTSLINO LAKES, MINNESOTA SANITARY SURFACE NEW LOT SANITARY WATERMAIN STREET STORM SEWERSEWERWATERMAINWATERASSESSMENTFRONTFRONTFRONTFRONT TOTALPINADDRESSUNITUNITUNITMGMTUNITFOOTAGEFOOTAGEFOOTAGEFOOTAGEASSESSMENT 08-31-22-11-0018 785 Vicky Lane 1 3,814.00$ -$ -$ 5,480.00$ -$ -$ 9,294.00$ TOTAL -$ 3,814.00$ -$ -$ -$ 5,480.00$ -$ -$ 9,294.00$ 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6J STAFF ORIGINATOR: MEETING DATE: TOPIC: Michael Grochala, Community Development Director October 9, 2023 Consider Resolution No. 23-109, Authorizing Preparation of Well No. 4 Repurposing Plan VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to authorize development of a plan for the repurposing of Municipal Well No. 4 in conjunction with the construction of the Water Treatment Plant. BACKGROUND Groundwater pumping from high capacity wells has been identified as a factor in influencing White Bear Lake and Prairie du Chein-Jordan aquifer levels. The City, in its role as a supplier of safe drinking water to residents and businesses, recognizes the need to conserve water resources and minimize impacts to the aquifer. The City currently operates a strong conservation program that includes a tiered rate system, water loss leak detection program, irrigation restrictions and smart irrigation use in municipal parks. The City has also established a smart irrigation controller program to assist residents with reducing irrigation volumes. The City has also encouraged the implementation of surface water reuse systems in new development. The Lyngblomsten and Watermark reuse systems are estimated to result in a water savings of 18 million gallons annually. In keeping with these efforts staff has been reviewing the potential opportunities afforded to us from the construction of the proposed Water Treatment Plant. Staff is anticipating that once the plant is operational pumping from Well No. 4, the only City well within 5 miles of White Bear Lake, could be reduced substantially. Since pumping will be shifted to wells directly connected to the Water Treatment Plant, Well No. 4 pumping could be repurposed to serve solely to serve peak demand periods including emergencies. This has the potential to drop pumping volumes from Well No. 4 an average of 189,000,000 gallons per year to approximately 50,000,000 gallons. 2 Staff is proposing to work with the City Engineer to confirm expectations and develop a plan to repurpose Well No. 4 as part of the Water Treatment Plant project. RECOMMENDATION Staff is recommending adoption of Resolution No. 23-109. ATTACHMENTS 1. Resolution No. 23-109 CITY OF LINO LAKES RESOLUTION NO. 23-109 AUTHORIZING PREPARATION OF WELL NO. 4 REPURPOSING PLAN WHEREAS, Ramsey County District Court Order issued a judgment 62-CV-13-2414 on August 30, 2017 regarding the groundwater management of White Bear Lake and the Prairie du Chein-Jordan Aquifer; and WHEREAS, Groundwater pumping from high capacity wells within 5 miles of White Bear Lake has been identified as a factor in fluctuating lake levels; and WHEREAS, the City of Lino Lakes as a good steward of the natural resources is sensitive to and recognizes its responsibility to minimize impact to the aquifer and other water resources, where feasible; and WHEREAS, the City has received state grant funding and is preparing plans and specifications to begin construction of a Water Treatment Plant in 2024, and WHEREAS, operation of the plan will allow the City to shift well water pumping to wellheads located outside the 5 mile radius that are directly connected to the plant; and WHEREAS, the City has only one well, No. 4, within the 5 mile radius of White Bear Lake, which is also one of the City’s highest producing wells, and WHEREAS, as part of the Water Treatment Plant operational plan, Well No. 4 could be repurposed as a peaking well used for peak periods and emergencies; and WHEREAS, repurposing Well No. 4 as a peaking well is estimated to reduce its pumping volumes from an 3 year average of 189 million gallons per year (MGY) to 50 MGY; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that City staff is hereby authorized and directed to work with WSB LLC, the City Engineer, to develop a plan that repurposes Well No. 4 to a peaking well to become effective upon construction and operation of the water treatment plant. Adopted by the City Council of the City of Lino Lakes this 9th day of October, 2023. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk