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Home My WebLink About10-23-2023 Council Meeting PacketCITY COUNCIL AGENDA Monday, October 23, 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) Present: Councilmembers Lyden, Stoesz, Ruhland, Cavegn, and Mayor Rafferty. Absent: Councilmember Ruhland Staff Present: Sarah Cotton, John Swenson, Hannah Lynch, Meg Sawyer, Andy Nelson, Michael Grochala, Katie Larsen, Diane Hankee. 1.Review Regular Agenda: Staff reviewed staff reports as included in the agenda packet. Ms. Catherine Decker, 614 Pine Street, inquired of Council why the full reading of ordinances is dispensed; she stated concern that the public is not being informed if the full reading is not taking place. City Administrator Sarah Cotton responded to Ms. Decker and provided clarification that the full text of any proposed ordinance is provided with the Council Agenda Packet which is available online the Wednesday prior to any meeting and is also available in hard copy during each Council meeting. Councilmember Stoesz also noted that all ordinances are published in the Quad Press as well. Mr. Christopher Stowe, 426 Pine Street, asked for a horse crossing sign to be installed at 4th and Pine Street as he has concerns about drag racing down Pine Street. The work session concluded at 6:23 PM. CITY COUNCIL MEETING, 6:30 P.M. Call to Order and Roll Call The meeting was called to order at 6:30 PM. Present: Councilmembers Lyden, Stoesz, Ruhland, Cavegn, and Mayor Rafferty. 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 Council Agenda -2- October 23, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn Lyden Stoesz, Ruhland, Rafferty 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. Commentary was provided by one resident. 1. Motion to: Close Public Comment at 6:43 PM.  Setting the Agenda: Addition or deletion of agenda items: The agenda was accepted as presented. 1. CONSENT AGENDA A. Consider Approval of Expenditures for October 23, 2023 (Check No. 119513 through 119585) in the Amount of $534,245.99 B. Consider Approval of Exempt Gambling Permit for ARCHES C. Consider Approval of Resolution 23-113 Approving a Cannabinoid License for Lino Lakes Quick Stop D. Consider Approval of the Hiring of Part-Time Staff for the Rookery Activity Center i. Motion to Approve Consent Agenda Items 1A – 1D 2. FINANCE DEPARTMENT REPORT A. Consider 1st Reading of Ordinance 14-23, Adopting the 2024 Fee Schedule, Hannah Lynch i. Motion to: Dispense with Full Reading of Ordinance 14-23 Council Agenda -3- October 23, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES ROLL CALL: Lyden, Stoesz, Ruhland, Cavegn, Rafferty ii. Motion to: Approve First Reading of Ordinance 14-23 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Appointment of Part-Time Firefighter, Meg Sawyer i. Motion to Approve Appointment of Part-Time Firefighter 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A. Consider 2nd Reading of Ordinance No. 10-23, Amending City Code Section 904.08 Related to Managed Natural Landscapes, Andy Nelson i. Motion to: Dispense with Full Reading of Ordinance 10-23 ii. Motion to: Approve Second Reading of Ordinance 10-23 Council Agenda -4- October 23, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES - ROLL CALL: Ruhland, Lyden, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Ruhland, Rafferty B. Consider 2nd Reading of Ordinance No. 13-23 Zoning Ordinance Text Amendment- General Updates, Katie Larsen i. Motion to: Dispense with Full Reading of Ordinance 13-23 ii. Motion to: Approve Second Reading of Ordinance 13-23 C. Consider Approval of Resolution 23-110, Accepting Quotes and Awarding Contract, 2023 Ash Tree Removals, Andy Nelson i. Motion to: Approve Resolution 23-110 B. Consider Resolution No. 23-112, Adopting Assessments, Bluebill Ponds 2nd Addition, Diane Hankee i. Motion to: Approve Resolution 23-112 C. Consider Resolution No. 23-114, Approving Acquisition of Temporary Construction Easement and Permanent Trail, Drainage and Utility Easements, CSAH 49/CR J Intersection Improvements, Michael Grochala Council Agenda -5-October 23, 2023 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden, Stoesz, Cavegn, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty i.Motion to: Approve Resolution 23-114 7.UNFINISHED BUSINESS None 8.NEW BUSINESS None Adjournment 1.Motion to: Adjourn The meeting adjourned at 6:54 PM. Community Calendar – A Look Ahead October 23, 2023 through November 13, 2023 Wednesday, October 25 6:30 pm, Council Chambers Environmental Board Wednesday, November 1 6:30 pm, Council Chambers Park Board Thursday, November 2 8:00 am, Community Room EDAC Monday, November 6 6:00 pm, Community Room City Council Work Session Tuesday, November 7 7:00 am – 8:00 pm Election Day Wednesday, November 8 6:30 pm, Council Chambers Planning & Zoning Board Friday, November 10 CITY HALL CLOSED Veteran’s Day Holiday Monday, November 13 6:00 pm, Community Room Council Work Session Monday, November 13 6:30 pm, Council Chambers City Council Meeting + Expenditures October 23, 2023 Check #119513 to #119585 $534,245.99 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting October 23, 2023 Transfer In/(Out) 10/3/2023 H.S.A. Employer Contribution (5,749.85) 10/10/2023 Transfer from FRB Money Market 500,000.00 10/13/2023 Payroll #21 (188,043.12) 10/13/2023 Payroll #21 Federal Deposit (53,562.81) 10/13/2023 Payroll #21 PERA (53,982.28) 10/13/2023 Payroll #21 State (12,196.51) 10/13/2023 Payroll #21 Child Support (923.22) 10/13/2023 Payroll #21 H.S.A. Bank Pretax (2,480.17) 10/13/2023 Payroll #21 TASC Pretax (921.10) 10/13/2023 Payroll #21 Mission Sq 457 Def. Comp #301596 (2,945.00) 10/13/2023 Payroll #21 Mission Sq Roth IRA #706155 (650.00) 10/13/2023 Payroll #21 MSRS HCSP #98946-01 (4,760.50) 10/13/2023 Payroll #21 MSRS Def. Comp #98945-01 (3,126.00) 10/13/2023 Payroll #21 MSRS Roth IRA #98945-01 (729.00) 10/16/2023 Bldg Permit Surcharge (3,084.11) 10/20/2023 September Sales & Use Tax (6,531.00) 1 STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1D Jolleen Chaika, City Clerk October 23, 2023 Exempt Gambling Permit: ARCHES VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Aquinas Roman Catholic Home Education Services (ARCHES) has applied for an Exempt Gambling Permit to conduct bingo at St. Joseph's Catholic Church on December 9, 2023. BACKGROUND Pursuant to Minn. Stat. 349.166, organizations are eligible to obtain an exempt permit to conduct a raffle without obtaining a full gambling license and without abiding by all provisions required by licensed organizations if: •the organization conducts lawful gambling on five or less days per year; •the organization does not award more than $50,000 in prizes for lawful gambling in a calendar year; •the organization submits a board-prescribed application and pays a fee of $100 to the board for each gambling occasion, and receives an exempt permit number from the board. If the application is postmarked or received less than 30 days before the gambling occasion, the fee is $150 for that application. The application must include the date and location of the occasion, the types of lawful gambling to be conducted, and the prizes to be awarded; •the organization notifies the local government unit 30 days before the lawful gambling occasion, or 60 days for an occasion held in a city of the first class; •the organization purchases all gambling equipment and supplies from a licensed distributor; and •the organization reports to the board, on a single-page form prescribed by the board, within 30 days of each gambling occasion, the gross receipts, prizes, expenses, expenditures of net profits from the occasion, and the identification of the licensed distributor from whom all gambling 2 equipment was purchased. Further, City Ordinance, Section 611.07 requires that any organization applying for any lawful gambling permit under Minn. Stat. 349.11 through 349.23, must receive approval from City Council. Although this application is for an exempt permit for a one-time event, Council approval is still required. ARCHES meets all requirements to obtain an exempt permit. RECOMMENDATION Approve Application for Exempt Permit and authorize City Clerk to sign the same to return to the MN Gambling Control Board. ATTACHMENTS Copy of Application for Exempt Permit 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1C STAFF ORIGINATOR: MEETING DATE: TOPIC: Jolleen Chaika, City Clerk October 23, 2023 Resolution 23-113 Approving a New Cannabinoid License VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City of Lino Lakes requires a license for any business that desires to sell edible cannabinoid (low potency THC) products. BACKGROUND In September, 2023 a tobacco license was issued to the new owner of Lino Lakes Quick Stop, located at 6501 Ware Road. As his business has been operational and has now included sale of tobacco products, the owner wishes to expand sales to edible cannabinoid products. A complete application by the owner of Lino Lakes Quick Stop has been received by City staff. A background check was conducted by Lino Lakes Public Safety and no factors to deny the license were found. Further, the applicant meets all licensing criteria pursuant to Lino Lakes City Code Chapter 617. The complete application is on file in the City Clerk's office for review. RECOMMENDATION Staff recommends approval of Resolution 23-113 Approving a New Cannabinoid License for Lino Lakes Quick Stop. ATTACHMENTS Resolution 23-113 CITY OF LINO LAKES RESOLUTION NO. 23-113 WHEREAS, the City of Lino Lakes requires all businesses wishing to sell edible cannabinoid products to apply on a city-approved application form for a Cannabinoid License; and, WHEREAS, the applicant, Mr. Raees Chohan, owner of Lino Lakes Quick Stop located at 6501 Ware Road, has applied to obtain a Cannabinoid License; and, WHEREAS, City staff, including Public Safety, has reviewed the application and background investigation materials and has found that the applicant meets local licensing requirements; and, WHEREAS, City Ordinance allows for the sale of edible cannabinoid products at licensed locations except for: (1) On Sundays, except between the hours of 11:00 AM and 6:00 PM; (2) Before 8:00 a.m. on Monday through Saturday; (3) After 10:00 p.m. on Monday through Saturday; (4) On Thanksgiving Day; (5) On December 25; and (6) After 8:00 p.m. on December 24; These sale prohibition dates and times are conditions of the license. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota: The City of Lino Lakes hereby approves the issuance of a Edible Cannabinoid License with conditions as stated above, to Lino Lakes Quick Stop, located at 6501 Ware Road, effective until June 30, 2023 unless cancelled or revoked before that date. Adopted by the City Council of the City of Lino Lakes this 23rd day of October, 2023. ___________________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1D STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: October 23, 2023 TOPIC: Approval of the Hiring of Part-Time Staff for the Rookery Activity Center VOTE REQUIRED: 3/5 _________________________________________________________________________________ INTRODUCTION The Council is being asked to approve the hiring of part-time staff for The Rookery. BACKGROUND Staff is seeking approval to hire part-time personnel to work at The Rookery. The recruiting process has identified candidates that will be a great addition to our staff at The Rookery. RECOMMENDATION Staff recommends the Council approve the hiring of the part-time personnel listed below: First Name Last Name Title Cheryl Johnson Manager on Duty Michael Luger Lifeguard Start dates vary based on position and training schedule. Please approve the above personnel for the part-time positions at The Rookery Activity Center. 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 2A STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: October 23, 2023 TOPIC: Ordinance 14-23, Adopting the 2024 Fee Schedule VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the first reading of Ordinance 14-23, Adopting the 2024 Fee Schedule. BACKGROUND In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on an annual basis. Staff has reviewed the fees in place to ensure their ongoing equity and cost recovery ability. Recommended changes from the 2023 Fee Schedule are shown on the attached 2024 Fee Schedule – Red Lined. Fees with proposed changes include: •Cannabinoid License •Tobacco License •Fire Regulations •Police Other Digital Documentation/Video •Police Vehicle Forfeiture Fee •Picnic Shelter Reservation •Minimum fee of $73.00 for all Building Dept permits •Water Utility Rates •Sewer Utility Rates •Trunk Utility Connection Fees •Lateral Service Connection Fees •Surface Water Management •Tree Preservation Mitigation Fee The second reading of the ordinance is planned for November 13, 2023. 2 RECOMMENDATION Approve the first reading of Ordinance 14-23, Adopting the 2024 City Fee Schedule. ATTACHMENTS 2024 Fee Schedule – Red Lined 2024 Fee Schedule – Final 1st Reading: Publication: October 23, 2023 November 21, 2023 2nd Reading: Effective: November 13, 2023 January 1, 2024 The City Council of Lino Lakes ordains: ALCOHOLIC BEVERAGES 3.2 Beer Investigation (Initial Application Only)267.75$ 1 or 2 Included in Liquor License Investigation 471.75$ 3+ 3.2 Beer Off-Sale 200.00$ /Year 3.2 Beer On-Sale 300.00$ /Year 3.2 Beer On-Sale Temporary 50.00$ Plus $5.00/Day Club License 300.00$ /Year Liquor License Investigation (Initial Application Only) 267.75$ 1 or 2 471.75$ 3+ Liquor License On-Sale 4,500.00$ /Year Liquor License Off-Sale 200.00$ /Year Liquor Temporary Permit 50.00$ Wine License Investigation (Initial Application Only)267.75$ 1 or 2 Included in Liquor License Investigation 471.75$ 3+ Wine License 500.00$ /Year Sunday Liquor 200.00$ /Year On-Sale Brewer Taproom 500.00$ /Year Off-Sale Growler 200.00$ /Year AMUESMENT & COMMERCIAL RECREATION Cabaret License 35.00$ Dances 200.00$ /Year Gambling Permit Application 10.00$ BUSINESS & MISCELLANEOUS Assessment Search Fee 20.00$ /Search Background Check Fee 35.00$ /Background Burning Permit 50.00$ Included under Fire Regulations Dog Kennel - Private 20.00$ /Year Dog Kennel – Commercial 105.00$ /Year City of Lino Lakes Ordinance No. 14-23 An Ordinance Adopting the 2024 City of Lino Lakes Fee Schedule and Providing for the Issuance of Licenses, Permits and Collection of Fees Thereof; Repeals All Ordinances, Parts of Ordinances and Previous Fee Schedules that Conflict Therewith. Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2024 FEE SCHEDULE Dog License Male/Female 11.00$ Not Spayed or Neutered 6.00$ Spayed or Neutered Cannabinoid License Investigation (Initial Application Only) 267.75$ 1 or 2 471.75$ 3+ Cannabinoid License 250.00$ /Year 200.00$ /Year Copies: Per Page -$ /Page (1-10 Pages) 0.25$ /Page (11-100 Pages) Actual Cost 100+ Pages Copies: New Resident Labels 5.00$ /Month Flat Fee Copies: Large Scale (>11”x17”) 0.50$ /Square Foot City Charter -$ First Copy 10.00$ Each Additional Copy City Code Book 75.00$ City Map 2.50$ Comp. Plan 55.00$ CD or DVD 7.00$ Election Filing Fee 5.00$ Fax Charge -$ 1-10 Pages 0.25$ /Page 11+ Pages Garbage Hauler License 100.00$ First Truck 45.00$ Each Additional Truck Lawn Sprinkling Violation 25.00$ First Violation Included under Utility Fees 50.00$ Each Subsequent Citation Overweight Permit 50.00$ Pawn Shop Class A 10,000.00$ Pawn Shop Class B 7,000.00$ Class A Secondhand Goods Dealer 720.00$ Class B Secondhand Goods Dealer 105.00$ Class C Secondhand Goods Dealer -$ No Fee Massage Therapist License (Individual) 50.00$ Annually Therapeutic Massage Business License 200.00$ Annually Pawn Shop Investigation 15,400.00$ Deposit on Costs Pawn Shop In-State Investigation 765.00$ Pawn Shop Out-State Investigation 20,400.00$ Peddler, Solicitor, Transient Merchant 250.00$ /6 Months Rental Housing License (Annual)73.00$ 1 or 2 Units plus $15.00/Unit for 3 or More Units (fee to be reduced by 50% if issued less than six months from expiration date) 69.00$ 1 or 2 Units plus $15.00/Unit for 3 or More Units (fee to be reduced by 50% if issued less than six months from expiration date) Rental License Re-Inspection Fee 73.00$ 69.00$ Return Check Charge 30.00$ Special Event Permit 50.00$ Tobacco License 250.00$ 50.00$ Weed & Mowing Violation 150.00$ First Hour 75.00$ Each Additional Hour Additional Admin Fee 100.00$ 2nd Offense in Calendar Yr 200.00$ 3rd and Each Additional Offense in Calendar Yr Non-Payment Certification Fee 30.00$ Zoning Maps 5.00$ Large or Colored Zoning Ordinance 25.00$ FIRE REGULATIONS Annual Permit for Sale of Consumer Fireworks 350.00$ Exclusive Retail Seller 100.00$ In Conjunction with Existing Retail Store Burning Permit 50.00$ Day Care/Foster Care Inspection 50.00$ False Fire Alarms -$ /Alarm (1-3) in Calendar Yr 100.00$ /Alarm (4-10) in Calendar Yr 200.00$ /Alarm (11+) in Calendar Yr Fire Watch 50.00$ /Hour Fireworks Display Permit 100.00$ Food Truck Inspection 50.00$ Inspection Outside Business Hours 75.00$ /Hour (2 Hour Minimum) POLICE FEES Copy of Report -$ To Subject of Data up to 3 Pages 1.00$ 4th Page 0.25$ /Page 5-100 Pages Copy of Report – Mail In 4.00$ Up to 4 Pages 0.25$ /Page Thereafter Vehicle Lockouts -$ No Fee Clearance Letter 15.00$ Fingerprinting 15.00$ By Appointment Photographs 25.00$ Plus Developing Costs Digital Photographs 25.00$ Up to 16gb Flash Drive Other Digital Documentation/Video 50.00$ Up to 16gb Flash Drive 25.00$ Up to 16gb Flash Drive False Police Alarms -$ /Alarm (1-3) in Calendar Yr 52.50$ /Alarm (4-10) in Calendar Yr 105.00$ /Alarm (11+) in Calendar Yr Vehicle Forfeiture Fee 300.00$ /Vehicle 100.00$ /Vehicle Dangerous Dog Registration 255.00$ /Year RENTALS & RESERVATIONS Civic Complex Room Reservations Non-Residents & Businesses - Up to 4 Hours 100.00$ Non-Residents & Businesses - Up to 8 Hours 200.00$ Field Rental Baseball/Softball Drag Only 25.00$ /Evening Baseball/Softball Drag & Chalk 50.00$ /Evening Picnic Shelter Reservation 25.00$ -$ Residents 25.00$ Non-Resident BUILDING - CONSTRUCTION UTILITES Building Permit Fee Schedule Building Permit Fees shall be based on the Fee Table. Fire Suppression Permit Fee shall be based on Fee Table. Minimum fee of $73.00 for all permits. Minimum fee of $69.00 for all permits. Fee Table Total Valuation Fee $1.00 to $1,360.00 $1,361.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up Other Inspections and Fees Work Commencing Before Permit Issuance Double Permit Fee Erosion Control Inspection Fee Single, Two-Family, Townhomes up to 8 Units, 160.00$ Multi-Family > 8 Units Commercial, Industrial, and Institutional Determined by Separate Agreement Change of Use/Occupancy Inspections 73.00$ /Trip 69.00$ /Trip Inspections Outside of Normal Business Hours 73.00$ /Hour* 69.00$ /Hour* Re-Inspection Fee 73.00$ /Trip 69.00$ /Trip Inspections for which no fee is specifically designed 73.00$ /Trip 69.00$ /Trip Additional Plan Review Required by Changes, Additions, or Revisions 73.00$ /Hour** 69.00$ /Hour** For use of outside consultants for plan checking and $73.00 $69.00 $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00. Min. Fee $73.00 $69.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 inspections, or both Actual Cost*** Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period Easement Encroachment Fee County Recording Fee plus $25.00 Antenna, City Owned Property 250.00$ Plus $6,000 Escrow Antenna, Private Property See Building Fee Table Accessory Building Permit: 200 sq. ft. or under in size 73.00$ 69.00$ Accessory Building Permit: over 200 sq. ft. in size See Building Fee Table Fence Permit: 6 feet or under in height 73.00$ 69.00$ Fence Permit: over 6 feet in height See Building Fee Table Grading Permit 160.00$ Grading Permit Escrow Deposit (if not included in Dev. Contract)300.00$ Roofing Permit 106.00$ Siding Permit 106.00$ Swimming Pool Permit 160.00$ In Ground 106.00$ Above Ground Window/Door Replacement Permit 79.00$ /Unit (max $158.00) Retaining Wall Permit 73.00$ 69.00$ Mechanical (HVAC) permit: Gas Fireplace 73.00$ Plus $34.50 for Each Additional Fireplace 69.00$ Plus $34.50 for Each Additional Fireplace Mechanical (HVAC) Permit: Residential 73.00$ Except New Construction Includes AC/Furnace Combined 69.00$ Except New Construction Includes AC/Furnace Combined Mechanical (HVAC) Fee: New Construction Residential 158.00$ Does Not Include Fireplaces Mechanical (HVAC) Permit: Commercial 2% of the Contract Price ($73.00 $69.00 Minimum Fee) Manufactured Home Permits 250.00$ Plumbing Permit 11.00$ /Fixture ($73.00 Min. Fee) /Fixture ($69.00 Min. Fee) Sewer Connection Inspection Fee 200.00$ Water Connection Inspection Fee 250.00$ Contractor License Verification 5.00$ /Permit Contractor Lead Certification Verification 5.00$ /Permit Contractor License 50.00$ Metropolitan Council SAC (Sewer Availability Charge)Per Met Council Water Meter City Cost plus $50.00 MXU Unit City Cost plus $50.00 Water Meter + MXU Unit City Cost plus $50.00 Touch Pad 18.00$ Curb Stop Covers 70.00$ Septic Installation or Repair Permit 250.00$ Septic Pumping Permit 10.00$ Demolition Permit 73.00$ 69.00$ Lawn Sprinkler/Irrigation System Permit 73.00$ 69.00$ Irrigating or Watering of New Landscaping Permit (Sod or Seed) -$ No Fee Driveway Replacement Permit 73.00$ 69.00$ Sign Permit: Existing Billboard 85.00$ /Year Sign Permit: Permanent See Building Fee Table Sign Permit: Sandwich Board 25.00$ Sign Permit: Temporary (portable/banner)25.00$ /Term Storm Pond Aeration Permit 150.00$ All permits issued are subject to applicable State surcharge fees. * Inspections made outside of normal business hours is a three-hour minimum charge. ** *** Actual costs include administrative and overhead costs. ESCROW DEPOSITS a. Driveway - $1,000.00 b. Exterior Concrete - $1,000.00 c. As-built Surveys - $1,000.00 d. Stucco (final coat only) - $1,000.00 e. Garage Floor - $1,000.00 f. Landscaping - $2,500.00 (landscaping may be escrowed year-round per City Staff) g.Other – Determined by City staff at a rate of 125% of the actual improvement costs Escrow deposits will be charged a $100.00 non-refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a. b. A partial release, of a multi-item escrow, will be charged a $75.00 non-refundable administrative fee. RIGHT-OF-WAY MANAGEMENT The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. Fee Refund – Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surcharge fees are non-refundable. No refund shall be provided if permit has expired. Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan revision and construction observation. Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City. In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: Excavation Permit Fees 125.00$ 70.00$ /100 Lineal Feet plus Hole Fee Obstruction Permit Fee 50.00$ Plus $0.50/ Lineal Foot Plus $0.05/ Lineal Foot Permit Extension Fee Includes administration, recording & review 55.00$ Delay Penalty 60.00$ Degradation Fee Degradation Fee Formula: Degradation Fee: UTILITY FEES Water Utility Rates Residential Base Fee 20.00$ /Quarter/REU* 15.00$ /Quarter/REU* Consumption Fee 0 - 20,000 Gallons 2.10$ /Thousand Gallons 2.02$ /Thousand Gallons 20,001 - 40,000 Gallons 2.34$ /Thousand Gallons 2.25$ /Thousand Gallons 40,001 - 80,000 Gallons 2.92$ /Thousand Gallons 2.81$ /Thousand Gallons 80,001 - 120,000 Gallons 3.51$ /Thousand Gallons 3.37$ /Thousand Gallons Over 120,000 Gallons 4.09$ /Thousand Gallons 3.94$ /Thousand Gallons Non-Residential Base Fee 20.00$ /Quarter/REU* 15.00$ /Quarter/REU* Consumption Fee 0 - 20,000 Gallons 2.10$ /Thousand Gallons 2.02$ /Thousand Gallons This formula covers degradation for depreciation caused by intrusion into the right-of- way. The depreciation applies to the original surface of the right-of-way and to the overlays and seal-coats applied to the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard based on the quality of the right-of-way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal-coat, multiplied by the depreciation schedule, multiplied by the area of the street patch. (cost per square yard for street overlay and seal-coat x depreciation schedule rates) x area of street patch = degradation fee Hole (includes administration, plan review, inspection, testing and mapping) Trench (includes administration, plan review, inspection, testing & mapping) Includes administration, recording, review & inspection For up to three days of non-completion and non- prior notice before specified date. After three days an additional charge of $10.00 per day will be levied. 20,001 - 40,000 Gallons 2.34$ /Thousand Gallons 2.25$ /Thousand Gallons Over 40,000 Gallons 2.64$ /Thousand Gallons 2.54$ /Thousand Gallons Non-Residential Irrigation** Consumption Fee 0 - 40,000 Gallons 2.92$ /Thousand Gallons 2.81$ /Thousand Gallons 40,001 - 80,000 Gallons 3.51$ /Thousand Gallons 3.37$ /Thousand Gallons Over 80,000 Gallons 4.11$ /Thousand Gallons 3.95$ /Thousand Gallons *REU = a residential equivalent connection: 1. Residential - a single housing unit 2. Non-Residential - per Met Council Service Availability Charge Procedures Manual **Non-Residential users with irrigation systems that do not have a separate irrigation meter will be charged at residential rates until such time that a separate irrigation meter is installed and inspected. Sewer Utility Rates Metered Sewer Base Fee 59.98$ /Quarter/REU* 58.52$ /Quarter/REU* Consumption Fee Over 10,000 Gallons (based on winter average)1.15$ /Thousand Gallons 1.12$ /Thousand Gallons Flat Sewer 70.75$ /Quarter/REU* 69.02$ /Quarter/REU* *REU = a residential equivalent connection: 1. Residential - a single housing unit 2. Non-Residential - per Met Council Service Availability Charge Procedures Manual Storm Water Utility Rates Quarterly Base Rate Residential Fee 12.00$ /Parcel Non-Residential Fee 175.00$ /Acre of Impervious ($12.00 minimum) Late Penalty 10% of Unpaid Balance, Assessed per Billing Cycle Non-Payment Certification Fee 30.00$ Meter Testing (Our Cost, Delivered to Minneapolis)100.00$ 5/8" - 3/4" Meter Test 150.00$ 1" Meter Test 250.00$ 1-1/2" - 2" Meter Test Water Meter Rental 600.00$ Deposit 25.00$ /Month Additional Accessories 25.00$ /Month Water Usage Fee 5.00$ /Thousand Gallons Water Use Violation 25.00$ 1st Violation 50.00$ 2nd and Subsequent Violations Trunk Charge Sanitary Sewer 1,737.00$ /Unit 1,695.00$ /Unit Water 2,496.00$ /Unit 2,435.00$ /Unit Availability Charge City Sewer (CSAC)1,626.00$ /SAC Unit 1,586.00$ /SAC Unit City Water (CWAC)1,570.00$ /SAC Unit 1,532.00$ /SAC Unit The Lateral Service Connection Fee shall be in addition to the City Trunk Utility Connection Fees. Lateral Service Connection Fees Sanitary Sewer 77.20$ /Front Foot 75.30$ /Front Foot Watermain 73.00$ /Front Foot 71.20$ /Front Foot REU = a residential equivalent connection: 1. Residential – a single housing unit 2. Non-Residential REU = per Met Council Service Availability Charge Procedures Manual If the lot or tract of land, or portion thereof, to be served by a lateral connection has not been assessed for the cost of construction, then the applicant shall pay, upon hook-up, a lateral connection in accordance with Resolution No. 02-149 (Bisel Amendment) based on the following front foot charges: Vacant Buildings: Owners of a commercial/industrial building(s) connected to City water and/or sewer utilities that are vacant due to business closures or other reasons may apply to have the number of billed REU’s reduced to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated for as long as the building(s) remain unoccupied. When the building(s) again becomes occupied the owner must inform the City of such occupation, at which time the number of REU’s will be determined and utility fees assessed according to the current fee structure. (Ordinance No. 06-13, passed 8-26-13) City Trunk Utility Connection Fees - the Trunk Utility Connection Fee consists of two components: a Trunk Charge and an Availability Charge. The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. Surface Water Management Fee Charge per Acre of Development Fee Charge per Acre of Development CULVERT PRICES All culvert prices are based on market prices and include tax & delivery and 15% administration fee. LAND USE Fees Alternative Urban Area-wide Review (I-35E AUAR)300.00$ /Acre Administrative Permit 73.00$ 69.00$ Zoning Confirmation Letter 50.00$ Escrow Deposits (Application Fee Required With Each Submittal) Application Fee 200.00$ Comprehensive Plan Amendment 3,000.00$ 40 Acres or Less 5,000.00$ Over 40 Acres Conditional Use Permit 1,000.00$ Residential/Rural 7,500.00$ Commercial/Industrial/ Institutional Environmental Assessment Worksheet 10,000.00$ Interim Use Permit 7,500.00$ Ordinance Amendment Map Amendment (Rezone)1,500.00$ 40 Acres or Less 5,000.00$ Over 40 Acres Text Amendment 1,500.00$ Planned Unit Development 3,000.00$ General Concept Plan 12,500.00$ Development Stage Plan 7,500.00$ Final Plan Site Plan Review 7,500.00$ Subdivision Concept Plan Review 1,500.00$ Minor Subdivision 3,000.00$ Preliminary Plat 5,000.00$ Less than 5 Acres 7,500.00$ 5-40 Acres $7,731.00 $10,397.00 $11,516.00 $7,924.00 $10,657.00 $11,804.00 Fees are based on developable land in accordance with the policy provisions established in Resolution No. 92- 70. Credits may be earned for sub-watershed trunk improvements. To be charged at the time of land use approval for projects within the I-35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans; and planned unit developments. Once paid, the same land will not be charged again. Single/Two Family Lots Multi Family Lots Commercial/Industrial/ Institutional Property (no fee for Transient Merchant if issued by City Clerk) 12,500.00$ Over 40 Acres Final Plat 1,500.00$ Less than 5 Acres 5,000.00$ 5-40 Acres 7,500.00$ Over 40 Acres Vacation (Street, Utility, Drainage) 1,500.00$ Variance or appeal 750.00$ DEVELOPMENT FEES GIS Mapping Fee 90.00$ /Lot Park Dedication 2,600.00$ /Acre Residential 3,300.00$ /Unit Tree Preservation Mitigation Fee 600.00$ /Tree 485.00$ /Tree Street Lighting Operation Fee (New Development) 120.00$ ECONOMIC DEVELOPMENT ASSISTANCE Tax Increment Financing or Tax Abatement 10,000.00$ Escrow Deposit Tax Exempt Financing 2,500.00$ STAFF TIME LATE FEE Adopted by the Lino Lakes City Council this 13th day of November, 2023. BY: ATTEST:Rob Rafferty, Mayor Jolleen Chaika, City Clerk Staff time for chargeable event/projects shall be charged as the employee’s hourly rate of pay plus benefits plus calculated overhead costs (when applicable). Overtime will be charged at 1.5 times the calculated hourly rate. Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for fees not paid when due. Section 2. Effective Date of Ordinance . This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon City determination that the project is complete or expired, the City will return the remaining escrow deposit to the applicant. Commercial/Industrial/Assisted-Living/Skilled Nursing /Light ($8/mo/light x 15 months) Application Fee, plus 1% Administration Fee 1st Reading: Publication: October 23, 2023 November 21, 2023 2nd Reading: Effective: November 13, 2023 January 1, 2024 The City Council of Lino Lakes ordains: ALCOHOLIC BEVERAGES 3.2 Beer Off-Sale 200.00$ /Year 3.2 Beer On-Sale 300.00$ /Year 3.2 Beer On-Sale Temporary 50.00$ Plus $5.00/Day Club License 300.00$ /Year Liquor License Investigation (Initial Application Only) 267.75$ 1 or 2 471.75$ 3+ Liquor License On-Sale 4,500.00$ /Year Liquor License Off-Sale 200.00$ /Year Liquor Temporary Permit 50.00$ Wine License 500.00$ /Year Sunday Liquor 200.00$ /Year On-Sale Brewer Taproom 500.00$ /Year Off-Sale Growler 200.00$ /Year AMUESMENT & COMMERCIAL RECREATION Cabaret License 35.00$ Dances 200.00$ /Year Gambling Permit Application 10.00$ City of Lino Lakes Ordinance No. 14-23 An Ordinance Adopting the 2024 City of Lino Lakes Fee Schedule and Providing for the Issuance of Licenses, Permits and Collection of Fees Thereof; Repeals All Ordinances, Parts of Ordinances and Previous Fee Schedules that Conflict Therewith. Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2024 FEE SCHEDULE BUSINESS & MISCELLANEOUS Assessment Search Fee 20.00$ /Search Background Check Fee 35.00$ /Background Dog Kennel - Private 20.00$ /Year Dog Kennel – Commercial 105.00$ /Year Dog License Male/Female 11.00$ Not Spayed or Neutered 6.00$ Spayed or Neutered Cannabinoid License Investigation (Initial Application Only) 267.75$ 1 or 2 471.75$ 3+ Cannabinoid License 250.00$ /Year Copies: Per Page -$ /Page (1-10 Pages) 0.25$ /Page (11-100 Pages) Actual Cost 100+ Pages Copies: New Resident Labels 5.00$ /Month Flat Fee Copies: Large Scale (>11”x17”) 0.50$ /Square Foot City Charter -$ First Copy 10.00$ Each Additional Copy City Code Book 75.00$ City Map 2.50$ Comp. Plan 55.00$ CD or DVD 7.00$ Election Filing Fee 5.00$ Fax Charge -$ 1-10 Pages 0.25$ /Page 11+ Pages Garbage Hauler License 100.00$ First Truck 45.00$ Each Additional Truck Overweight Permit 50.00$ Pawn Shop Class A 10,000.00$ Pawn Shop Class B 7,000.00$ Class A Secondhand Goods Dealer 720.00$ Class B Secondhand Goods Dealer 105.00$ Class C Secondhand Goods Dealer -$ No Fee Massage Therapist License (Individual) 50.00$ Annually Therapeutic Massage Business License 200.00$ Annually Pawn Shop Investigation 15,400.00$ Deposit on Costs Pawn Shop In-State Investigation 765.00$ Pawn Shop Out-State Investigation 20,400.00$ Peddler, Solicitor, Transient Merchant 250.00$ /6 Months Rental Housing License (Annual) 73.00$ 1 or 2 Units plus $15.00/Unit for 3 or More Units (fee to be reduced by 50% if issued less than six months from expiration date) Rental License Re-Inspection Fee 73.00$ Return Check Charge 30.00$ Special Event Permit 50.00$ Tobacco License 250.00$ Weed & Mowing Violation 150.00$ First Hour 75.00$ Each Additional Hour Additional Admin Fee 100.00$ 2nd Offense in Calendar Yr 200.00$ 3rd and Each Additional Offense in Calendar Yr Non-Payment Certification Fee 30.00$ Zoning Maps 5.00$ Large or Colored Zoning Ordinance 25.00$ FIRE REGULATIONS Annual Permit for Sale of Consumer Fireworks 350.00$ Exclusive Retail Seller 100.00$ In Conjunction with Existing Retail Store Burning Permit 50.00$ Day Care/Foster Care Inspection 50.00$ False Fire Alarms -$ /Alarm (1-3) in Calendar Yr 100.00$ /Alarm (4-10) in Calendar Yr 200.00$ /Alarm (11+) in Calendar Yr Fire Watch 50.00$ /Hour Fireworks Display Permit 100.00$ Food Truck Inspection 50.00$ Inspection Outside Business Hours 75.00$ /Hour (2 Hour Minimum) POLICE FEES Copy of Report -$ To Subject of Data up to 3 Pages 1.00$ 4th Page 0.25$ /Page 5-100 Pages Copy of Report – Mail In 4.00$ Up to 4 Pages 0.25$ /Page Thereafter Vehicle Lockouts -$ No Fee Clearance Letter 15.00$ Fingerprinting 15.00$ By Appointment Digital Photographs 25.00$ Up to 16gb Flash Drive Other Digital Documentation/Video 50.00$ Up to 16gb Flash Drive False Police Alarms -$ /Alarm (1-3) in Calendar Yr 52.50$ /Alarm (4-10) in Calendar Yr 105.00$ /Alarm (11+) in Calendar Yr Vehicle Forfeiture Fee 300.00$ /Vehicle Dangerous Dog Registration 255.00$ /Year RENTALS & RESERVATIONS Civic Complex Room Reservations Non-Residents & Businesses - Up to 4 Hours 100.00$ Non-Residents & Businesses - Up to 8 Hours 200.00$ Field Rental Baseball/Softball Drag Only 25.00$ /Evening Baseball/Softball Drag & Chalk 50.00$ /Evening Picnic Shelter Reservation 25.00$ BUILDING - CONSTRUCTION UTILITES Building Permit Fee Schedule Building Permit Fees shall be based on the Fee Table. Fire Suppression Permit Fee shall be based on Fee Table. Minimum fee of $73.00 for all permits. Fee Table Total Valuation Fee $1.00 to $1,360.00 $1,361.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00. Min. Fee $73.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $73.00 Other Inspections and Fees Work Commencing Before Permit Issuance Double Permit Fee Erosion Control Inspection Fee Single, Two-Family, Townhomes up to 8 Units, 160.00$ Multi-Family > 8 Units Commercial, Industrial, and Institutional Determined by Separate Agreement Change of Use/Occupancy Inspections 73.00$ /Trip Inspections Outside of Normal Business Hours 73.00$ /Hour* Re-Inspection Fee 73.00$ /Trip Inspections for which no fee is specifically designed 73.00$ /Trip Additional Plan Review Required by Changes, Additions, or Revisions 73.00$ /Hour** For use of outside consultants for plan checking and inspections, or both Actual Cost*** Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period Easement Encroachment Fee County Recording Fee plus $25.00 Antenna, City Owned Property 250.00$ Plus $6,000 Escrow Antenna, Private Property See Building Fee Table Accessory Building Permit: 200 sq. ft. or under in size 73.00$ Accessory Building Permit: over 200 sq. ft. in size See Building Fee Table Fence Permit: 6 feet or under in height 73.00$ Fence Permit: over 6 feet in height See Building Fee Table Grading Permit 160.00$ Grading Permit Escrow Deposit (if not included in Dev. Contract) 300.00$ Roofing Permit 106.00$ Siding Permit 106.00$ Swimming Pool Permit 160.00$ In Ground 106.00$ Above Ground Window/Door Replacement Permit 79.00$ /Unit (max $158.00) Retaining Wall Permit 73.00$ Mechanical (HVAC) permit: Gas Fireplace 73.00$ Plus $34.50 for Each Additional Fireplace Mechanical (HVAC) Permit: Residential 73.00$ Except New Construction Includes AC/Furnace Combined Mechanical (HVAC) Fee: New Construction Residential 158.00$ Does Not Include Fireplaces Mechanical (HVAC) Permit: Commercial 2% of the Contract Price ($73.00 Minimum Fee) Manufactured Home Permits 250.00$ Plumbing Permit 11.00$ /Fixture ($73.00 Min. Fee) Sewer Connection Inspection Fee 200.00$ Water Connection Inspection Fee 250.00$ Contractor License Verification 5.00$ /Permit Contractor Lead Certification Verification 5.00$ /Permit Contractor License 50.00$ Metropolitan Council SAC (Sewer Availability Charge)Per Met Council Water Meter City Cost plus $50.00 MXU Unit City Cost plus $50.00 Water Meter + MXU Unit City Cost plus $50.00 Touch Pad 18.00$ Curb Stop Covers 70.00$ Septic Installation or Repair Permit 250.00$ Septic Pumping Permit 10.00$ Demolition Permit 73.00$ Lawn Sprinkler/Irrigation System Permit 73.00$ Irrigating or Watering of New Landscaping Permit (Sod or Seed) -$ No Fee Driveway Replacement Permit 73.00$ Sign Permit: Existing Billboard 85.00$ /Year Sign Permit: Permanent See Building Fee Table Sign Permit: Sandwich Board 25.00$ Sign Permit: Temporary (portable/banner) 25.00$ /Term Storm Pond Aeration Permit 150.00$ All permits issued are subject to applicable State surcharge fees. * Inspections made outside of normal business hours is a three-hour minimum charge. ** *** Actual costs include administrative and overhead costs. ESCROW DEPOSITS Fee Refund – Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surcharge fees are non-refundable. No refund shall be provided if permit has expired. Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan revision and construction observation. In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of a. Driveway - $1,000.00 b. Exterior Concrete - $1,000.00 c. As-built Surveys - $1,000.00 d. Stucco (final coat only) - $1,000.00 e. Garage Floor - $1,000.00 f. Landscaping - $2,500.00 (landscaping may be escrowed year-round per City Staff) g. Other – Determined by City staff at a rate of 125% of the actual improvement costs Escrow deposits will be charged a $100.00 non-refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a. b. A partial release, of a multi-item escrow, will be charged a $75.00 non-refundable administrative fee. RIGHT-OF-WAY MANAGEMENT Excavation Permit Fees 125.00$ 70.00$ /100 Lineal Feet plus Hole Fee Obstruction Permit Fee 50.00$ Plus $0.50/ Lineal Foot Permit Extension Fee Includes administration, recording & review 55.00$ Delay Penalty 60.00$ Degradation Fee Degradation Fee Formula: Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City. Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. Hole (includes administration, plan review, inspection, testing and mapping) Trench (includes administration, plan review, inspection, testing & mapping) Includes administration, recording, review & inspection For up to three days of non-completion and non- prior notice before specified date. After three days an additional charge of $10.00 per day will be levied. This formula covers degradation for depreciation caused by intrusion into the right-of- way. The depreciation applies to the original surface of the right-of-way and to the Degradation Fee: UTILITY FEES Water Utility Rates Residential Base Fee 20.00$ /Quarter/REU* Consumption Fee 0 - 20,000 Gallons 2.10$ /Thousand Gallons 20,001 - 40,000 Gallons 2.34$ /Thousand Gallons 40,001 - 80,000 Gallons 2.92$ /Thousand Gallons 80,001 - 120,000 Gallons 3.51$ /Thousand Gallons Over 120,000 Gallons 4.09$ /Thousand Gallons Non-Residential Base Fee 20.00$ /Quarter/REU* Consumption Fee 0 - 20,000 Gallons 2.10$ /Thousand Gallons 20,001 - 40,000 Gallons 2.34$ /Thousand Gallons Over 40,000 Gallons 2.64$ /Thousand Gallons Non-Residential Irrigation** Consumption Fee 0 - 40,000 Gallons 2.92$ /Thousand Gallons 40,001 - 80,000 Gallons 3.51$ /Thousand Gallons Over 80,000 Gallons 4.11$ /Thousand Gallons *REU = a residential equivalent connection: 1. Residential - a single housing unit 2. Non-Residential - per Met Council Service Availability Charge Procedures Manual **Non-Residential users with irrigation systems that do not have a separate irrigation meter will be charged at residential rates until such time that a separate irrigation meter is installed and inspected. (cost per square yard for street overlay and seal-coat x depreciation schedule rates) x area of street patch = degradation fee overlays and seal-coats applied to the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard based on the quality of the right-of-way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal-coat, multiplied by the depreciation schedule, multiplied by the area of the street patch. Sewer Utility Rates Metered Sewer Base Fee 59.98$ /Quarter/REU* Consumption Fee Over 10,000 Gallons (based on winter average) 1.15$ /Thousand Gallons Flat Sewer 70.75$ /Quarter/REU* *REU = a residential equivalent connection: 1. Residential - a single housing unit 2. Non-Residential - per Met Council Service Availability Charge Procedures Manual Storm Water Utility Rates Quarterly Base Rate Residential Fee 12.00$ /Parcel Non-Residential Fee 175.00$ /Acre of Impervious ($12.00 minimum) Late Penalty 10% of Unpaid Balance, Assessed per Billing Cycle Non-Payment Certification Fee 30.00$ Meter Testing (Our Cost, Delivered to Minneapolis) 100.00$ 5/8" - 3/4" Meter Test 150.00$ 1" Meter Test 250.00$ 1-1/2" - 2" Meter Test Water Meter Rental 600.00$ Deposit 25.00$ /Month Additional Accessories 25.00$ /Month Water Usage Fee 5.00$ /Thousand Gallons Water Use Violation 25.00$ 1st Violation 50.00$ 2nd and Subsequent Violations Trunk Charge Sanitary Sewer 1,737.00$ /Unit Water 2,496.00$ /Unit The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. City Trunk Utility Connection Fees - the Trunk Utility Connection Fee consists of two components: a Trunk Charge and an Availability Charge. Availability Charge City Sewer (CSAC) 1,626.00$ /SAC Unit City Water (CWAC) 1,570.00$ /SAC Unit The Lateral Service Connection Fee shall be in addition to the City Trunk Utility Connection Fees. Lateral Service Connection Fees Sanitary Sewer 77.20$ /Front Foot Watermain 73.00$ /Front Foot REU = a residential equivalent connection: 1. Residential – a single housing unit 2. Non-Residential REU = per Met Council Service Availability Charge Procedures Manual Surface Water Management Fee Charge per Acre of Development For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. $7,924.00 $10,657.00 $11,804.00 Fees are based on developable land in accordance with the policy provisions established in Resolution No. 92- 70. Credits may be earned for sub-watershed trunk improvements. If the lot or tract of land, or portion thereof, to be served by a lateral connection has not been assessed for the cost of construction, then the applicant shall pay, upon hook-up, a lateral connection in accordance with Resolution No. 02-149 (Bisel Amendment) based on the following front foot charges: Vacant Buildings: Owners of a commercial/industrial building(s) connected to City water and/or sewer utilities that are vacant due to business closures or other reasons may apply to have the number of billed REU’s reduced to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated for as long as the building(s) remain unoccupied. When the building(s) again becomes occupied the owner must inform the City of such occupation, at which time the number of REU’s will be determined and utility fees assessed according to the current fee structure. (Ordinance No. 06-13, passed 8-26-13) Single/Two Family Lots Multi Family Lots Commercial/Industrial/ Institutional Property CULVERT PRICES All culvert prices are based on market prices and include tax & delivery and 15% administration fee. LAND USE Fees Alternative Urban Area-wide Review (I-35E AUAR) 300.00$ /Acre Administrative Permit 73.00$ Zoning Confirmation Letter 50.00$ Escrow Deposits (Application Fee Required With Each Submittal) Application Fee 200.00$ Comprehensive Plan Amendment 3,000.00$ 40 Acres or Less 5,000.00$ Over 40 Acres Conditional Use Permit 1,000.00$ Residential/Rural 7,500.00$ Commercial/Industrial/ Institutional Environmental Assessment Worksheet 10,000.00$ Interim Use Permit 7,500.00$ Ordinance Amendment Map Amendment (Rezone) 1,500.00$ 40 Acres or Less 5,000.00$ Over 40 Acres Text Amendment 1,500.00$ Planned Unit Development 3,000.00$ General Concept Plan 12,500.00$ Development Stage Plan 7,500.00$ Final Plan Site Plan Review 7,500.00$ Subdivision Concept Plan Review 1,500.00$ Minor Subdivision 3,000.00$ Preliminary Plat 5,000.00$ Less than 5 Acres 7,500.00$ 5-40 Acres 12,500.00$ Over 40 Acres (no fee for Transient Merchant if issued by City Clerk) To be charged at the time of land use approval for projects within the I-35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans; and planned unit developments. Once paid, the same land will not be charged again. Final Plat 1,500.00$ Less than 5 Acres 5,000.00$ 5-40 Acres 7,500.00$ Over 40 Acres Vacation (Street, Utility, Drainage) 1,500.00$ Variance or appeal 750.00$ DEVELOPMENT FEES GIS Mapping Fee 90.00$ /Lot Park Dedication 2,600.00$ /Acre Residential 3,300.00$ /Unit Tree Preservation Mitigation Fee 600.00$ /Tree Street Lighting Operation Fee (New Development) 120.00$ ECONOMIC DEVELOPMENT ASSISTANCE Tax Increment Financing or Tax Abatement 10,000.00$ Escrow Deposit Tax Exempt Financing 2,500.00$ STAFF TIME LATE FEE Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for fees not paid when due. An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon City determination that the project is complete or expired, the City will return the remaining escrow deposit to the applicant. Commercial/Industrial/Assisted-Living/Skilled Nursing /Light ($8/mo/light x 15 months) Application Fee, plus 1% Administration Fee Staff time for chargeable event/projects shall be charged as the employee’s hourly rate of pay plus benefits plus calculated overhead costs (when applicable). Overtime will be charged at 1.5 times the calculated hourly rate. Adopted by the Lino Lakes City Council this 13th day of November, 2023. BY: Rob Rafferty, Mayor ATTEST: Jolleen Chaika, City Clerk Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: October 23, 2023 TOPIC: Consider Appointment of Part-Time Firefighter VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the appointment of Joshua Rouse to the Part-Time Firefighter position in the Public Safety Department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Joshua Rouse for the part-time position. Rouse has completed Firefighter 1 & 2 as well as Hazardous Materials training and certification. The starting wage for Rouse will be $19.36 per hour which is the current Starting step for part- time firefighters. With the Council’s approval, Rouse would start in the Part-Time Firefighter position on October 30, 2023. RECOMMENDATION Please approve the appointment of Joshua Rouse to the Part-Time Firefighter position. ATTACHMENTS None CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6A STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator Claire Knopf, Community Development Intern MEETING DATE: October 23, 2023 TOPIC: Consider Ordinance No. 10-23 Amending City Code Section 904.08 Relating to Managed Natural Landscapes VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to amend City Code Chapter 9 04 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 only to 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 he ight 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. The Council approved the 1st Reading of Ordinance No. 10-23 at the October 9th, 2023 City Council meeting. RECOMMENDATION Staff is recommending approval of Ordinance No. 10-23. ATTACHMENTS 1. Ordinance No. 10-23. 1st Reading: 10/09/2023 Publication: 2nd Reading: 10/23/2023 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, planted and maintained on any occupied lot or parcel of land, setback a minimum of 20 feet from the front property line as part of a garden or landscape treatment; Managed Natural 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 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: October 23, 2023 TOPIC: Consider 2nd 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 1st reading of the ordinance was approved by Council on October 9, 2023. 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. 2 (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. • 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. 3 (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. • 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. 4 (k) Mass transit terminals. (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. 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. • 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. 7 (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. (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 2nd 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 23rd day of October, 2023. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6C STAFF ORIGINATOR: MEETING DATE: TOPIC: Andy Nelson, Environmental Coordinator October 23, 2023 Resolution No. 23-110, Accepting Quotes and Awarding Contract, 2023 Ash Tree Removals VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting authorization to accept quotes and award a contract for ash tree removals along trails in the South Reshanau Estates neighborhood. BACKGROUND There are 48 ash trees infested with emerald ash borer along City maintained trails east of West Shadow Lake Road and north of Fox Road. These trees are concerning both from a public safety standpoint and due to their property damage potential. These trees will require technical removals that should be performed by experienced contractors. Quotes include cost for felling, removal of all tree debris, and cutting stumps to a height of 4” or less. Contractor Ash Tree Removal Quote Carr’s Tree Service, Inc. $15,495.00 Upper Cut Tree Service $17,860.00 Hugo’s Tree Care, Inc. $18,000.00 Precision Landscape and Tree $19,200.00 Funding for this work will come from the Forestry and Environmental budgets in the General Fund. RECOMMENDATION Staff recommends adoption of Resolution No. 23-110, accepting quotes and awarding a contract for ash tree removals in the amount of $15,495.00 to Carr’s Tree Service, Inc.. 2 ATTACHMENTS 1. Resolution No. 23-110 2. Aerial Photo of South Reshanau Estates Ash Tree Removal Area CITY OF LINO LAKES RESOLUTION NO. 23-110 RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT FOR ASH TREE REMOVALS WHEREAS, pursuant to a request for quotes for 48 ash tree removals to take place in the fall of 2023 to spring of 2024, quotes were received and tabulated: Contractor Ash Tree Removal Quote Carr’s Tree Service, Inc. $15,495.00 Upper Cut Tree Service $17,860.00 Hugo’s Tree Care, Inc. $18,000.00 Precision Landscape and Tree $19,200.00 WHEREAS, it appears that Carr’s Tree Service, Inc. is the lowest responsible bidder; and WHEREAS, the funding for the project is from the General Fund Forestry and Environmental Budgets; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that that the Mayor and Clerk are hereby authorized and directed to enter into a contract with Carr’s Tree Service, Inc. for ash tree removals in the amount of $15,495.00. Adopted by the City Council of the City of Lino Lakes this _________day of ______________, 2023. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk DeerwoodLnMuskrat Run FawnLnR iverBirchPlWShadowLakeDrFoxRdLegend Address Labels Parcels Existing Trails September 6, 2023 Map Powered By Datafi ± 1 in = 200 Ft South Reshanau Estates Ash Removals CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: October 23, 2023 TOPIC: Consider Resolution No. 23-112, Adopting Assessments, Bluebill Ponds 2nd Addition VOTE REQUIRED: 3/5 Vote Required _______________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to adopt assessments for the Bluebill Ponds 2nd Addition Development pursuant the Development Agreement for the project. BACKGROUND The City Council approved the Development Agreement for Bluebill Ponds 2nd Addition dated September 28, 2023. The Agreement provides for the assessment of trunk water, sanitary sewer, and surface water fees. The total amount to be assessed for Bluebill Ponds 2nd Addition is $9,181.00. In the above referenced Development Agreement, the developer has waived any and all procedural and substantive objections to the special assessments. The developer has reviewed and approved the assessments. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 23-112, Adopting Assessments, Bluebill Ponds 2nd Addition. ATTACHMENTS 1.Resolution No. 23-112 2.Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 23-112 ADOPTING SPECIAL ASSESSMENTS, BLUEBILL PONDS 2ND ADDITION WHEREAS, pursuant to the development agreement dated September 28, 2023, the developer waives all rights to a hearing on conducting of local improvements which will benefit the properties within the Bluebill Ponds 2nd Addition development which requested connection to City utilities, 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 23rd day of October, 2023. Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk ASSESSMENT ROLL OCTOBER 23, 2023 BLUEBILL PONDS 2ND ADDITION ASSESSMENTS LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK CHARGE (SAC)TRUNK CHARGE (SAC)WATER ASSESSMENT 08-31-22-21-0084 Lot 1 Block 1 Bluebill Ponds 2nd Addition 1 1,695.00$ 1,586.00$ 2,435.00$ 1,532.00$ 1,933.00$ 9,181.00$ TOTAL 1,695.00$ 1,586.00$ 2,435.00$ 1,532.00$ 1,933.00$ 9,181.00$ 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 23, 2023 TOPIC: Consider Resolution No. 23-114, Approving Acquisition of Temporary Construction Easement and Permanent Trail, Drainage and Utility Easements, CSAH 49 & CR J Intersection Improvements VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION Staff is requesting council approval to purchase a temporary construction easement and permanent trail, drainage and utility easement for the CSAH 49 and CR J Intersection Improvement Project. BACKGROUND The City Council approved the Joint Powers Agreement with Anoka County for the reconstruction of the CSAH 49 (Hodgson Road) and County Road J (Ash Street) intersection in September of 2022. Anoka County retained WSB and Associates to complete the final design for the project. At that time the Council requested that the trail proposed for the west side of Hodgson be extended to Rohavic Lane as part of the project. The trail extension required the acquisition of both temporary construction and permanent easements to complete the improvements. In December of 2022 the Council directed staff to move forward with the acquisition process. WSB, LLC was retained to prepare a Minimum Damage Acquisition Report and negotiate a settlement offer with the property owner. As a result of these discussions the City has reached agreement with the property owner at 298 Rohavic Ln in the amount of $21,500.00 for purchase of the temporary construction easement (1,708 SF), permanent trail, drainage and utility easement (2,205 SF) and damages related to tree removal and screening loss. The award includes $5,225 for fencing to screen the property from road and trail improvements. These items will be completed by owner. The agreement also includes a provision for additional compensation of $2,400 for any tree, within the temp easement area, damaged during construction. Staff is working with the County and WSB to incorporate this requirement into the construction contract. 2 Incorporation of the trail extension into the larger project allows the City to take advantage of the federal funding that the County obtained for the project. Without the easement the proposed improvements will need to be removed from the project. Future extension would not likely include any outside funding assistance. RECOMMENDATION Staff is recommending approval of Resolution No. 23 – 114. ATTACHMENTS 1. Resolution No. 23-114 2. Easement Exhibit CITY OF LINO LAKES RESOLUTION NO. 23-114 APPROVING ACQUISITION OF TEMPORARY CONSTRUCTION AND PERMANENT TRAIL, DRAINAGE AND UTILITY EASEMENTS WHEREAS, the City Council entered into a Joint Powers Agreement with Anoka County for the reconstruction of the County State Aid Highway 49 (Hodgson Road) and County Road J (Ash Street) intersection, and WHEREAS, the City Council requested the extension of trail from the north property line of the Lyngblomsten development to Rohavic Lane, approximately 230 feet to the north, and WHEREAS, said trail improvements require the acquisition of temporary construction and permanent easements for the making of said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that The purchase of a temporary construction easement and a permanent Trail, Drainage and Utility easement over and across the property located at 298 Rohavic Lane is hereby approved in the amount of $21,500.00. Adopted by the City Council of the City of Lino Lakes this 23rd day of October, 2023. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk X X X XX