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Home My WebLink About01-22-2024 Council Meeting PacketEXPANDED AGENDA CITY COUNCIL AGENDA · MEETING· Monday, January 22, 2024 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Councilmember Cellular Phones 2. Fire Apparatus A1 Repair (Dan L’Allier) 3. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Public Comment (in person or received in writing prior to meeting): The public comment period is a time to allow members of the public to speak to Council on City matters not on the agenda. Speakers are allowed four (4) minutes and speakers shall offer comments that are courteous and respectful. Comments that are abusive, harassing, that constitute an attack on others, including City staff, or that violate privacy rights, will not be permitted. Violation of these public comment rules will result in the speaker being ruled out of order and the termination of the comment. Public Comment was received from two members of the audience. Motion to: Close Public Comment at 6:35 PM.  Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty Council Agenda -2- January 22, 2024 1. CONSENT AGENDA A. Consider Approval of Expenditures for January 22, 2024 (Check No. 120038 through 120135) in the Amount of $662,839.05 B. Consider Approval of January 2, 2024 Work Session Minutes C. Consider Approval of January 8, 2024 Council Special Work Session Minutes (1) D. Consider Approval of January 8, 2024 Council Special Work Session Minutes (2) E. Consider Approval of January 8, 2024 Council Work Session Minutes F. Consider Approval of January 8, 2024 Council Meeting Minutes G. Consider Approval of Resolution 24-05, Approving an Edible Cannabinoid License for Corner Express H. Consider Approval of Resolution 24-06, Appointing Election Judges for the 2024 Presidential Nominating Primary I. Consider Approval of Resolution 24-10, Approving an Edible Cannabinoid License for Eagle Liquor Motion to: Approve Consent Agenda Items 1A-I 2. ADMINISTRATION DEPARTMENT REPORT A. Consider Appointment of Community Service Officer, John Swenson Motion to: Approve appointment of Kayla McKinney as PT CSO B. Consider Appointment of Community Service Officer, John Swenson RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden, Cavegn, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty Council Agenda -3- January 22, 2024 Motion to: Appoint Adam Crowl as Part-time CSO 3. COMMUNITY DEVELOPMENT REPORT A. Consider 1st Reading of Ordinance No. 02-24, Zoning Ordinance Map Amendment-Water Treatment Plant (6590 12th Avenue) Rezoning, Katie Larsen Motion to: Dispense with full reading of ordinance 02-24 Motion to: Approve first reading of Ord. 02-24 B. Consider 1st Reading of Ordinance No. 03-24, Zoning Ordinance Text Amendment- Renumeration and Codification, Katie Larsen Motion to: Dispense with full reading of ordinance 03-24 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty Council Agenda -4- January 22, 2024 Motion to: Approve first reading of ordinance 03-24 C. Vacating Drainage & Utility Easement, 6049 Sargent Court North, Diane Hankee i) Consider 2nd Reading of Ordinance No. 01-24, Vacating Drainage and Utility Easement Lot 7, Block 1, Otter Bay i. Motion to: Dispense with full reading of ordinance 01-24 Motion to: Approve second reading of ordinance 01-24 ii) Consider Resolution No. 24-08, Approving Summary Publication of Ordinance No. 01-24 Motion to: Approve Resolution 24-08 D. Consider Resolution No. 24-09, Approving Site Improvement Performance Agreement, Culver’s Site, Diane Hankee RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty Council Agenda -5- January 22, 2024 Motion to: Approve Resolution 24-09 4. UNFINISHED BUSINESS None 5 NEW BUSINESS None Adjournment With no further business before the Council, the meeting was adjourned at 6:53 PM. Community Calendar – A Look Ahead January 23, 2024 through February 9, 2024 • Wednesday, January 31, 2024: Environmental Board Meeting • Thursday, February 1: EDAC Meeting • Monday, February 5: City Council Work Session • Wednesday, February 7: Park Board Meeting RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty 1 CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. 1 STAFF ORIGINATOR: Sarah Cotton, City Administrator WORK SESSION DATE: January 22, 2024 TOPIC: Councilmember Cellular Phones ______________________________________________________________________________ BACKGROUND The City of Lino Lakes recognizes that cellular phones are tools needed to efficiently conduct City business. Under the City’s Personnel Policy, issuance of city-owned cellular phones, on as- needed basis, serves a public purpose in providing employees with the ability to more effectively perform job-related duties in providing service to residents. Councilmembers are exempt from the Lino Lakes Personnel Policy; however, the rational regarding the public purpose is valid given the responsibilities of a Councilmember. Staff is recommending that Councilmembers be eligible for the issuance of a city-owned cellular phone, if requested. Councilmembers would be required to follow the City’s policy regarding acceptable use just like any employee. Best practice guidance suggests that Councilmembers should be utilizing a city-issued device to conduct City business. Furthermore, many cities are electing to issue mobile devices to Councilmembers to further protect any data or information that would be considered “not public” under the Minnesota Data Practices Act. REQUESTED COUNCIL DIRECTION Discuss the issuance of City owned cellular phones to Councilmembers. ATTACHMENTS None 3 ONE VISION. ONE MISSION. LINO LAKES PUBLIC SAFETY DEPARTMENT. Lino Lakes Public Safety Department Memo DATE: January 19, 2024 TO: John Swenson, Public Safety Director FROM: Dan L’Allier, Deputy Public Safety Director – Fire Division RE: Waterway replacement Aerial 1 I received the attached estimate from Emergency Apparatus Maintenance for the replacement of the waterway on Aerial 1. Lance Olson stated he has received two estimates. The first was from US Fire Safety, the E-One Dealer here in Minnesota. Aerial 1 is an E-One/Bronto. The estimate from them is for ordering a new waterway from Bronto in Finland. The cost of this waterway would be $72,000. To crate the waterway would be an additional $1,750.00. This cost does not include shipping from Finland to Minnesota. The lead time to order this waterway would be an estimated 22 weeks from order. There would be an additional cost of $11,250.00 for EAM for labor to remove the old waterway and install the new waterway. The estimated cost to order from US Fire Safety would be $85,000.00. This estimate does not include freight from Finland; this would be considered a special order and would require a prepayment. The warranty for the waterway would consist of 12 months, this does not include any wear items like seals. The second estimate that EAM received was from Rosenbauer Aerials of Fremont, Nebraska. The waterway would be removed from Aerial 1, then crated and shipped to Rosenbauer in Fremont, Nebraska. There it would be used as a pattern to build a new waterway. After completion, the new waterway would be crated and shipped back to EAM to be installed in Aerial 1. The lead time on this option is 20 weeks from Rosenbauer receiving our old waterway in Fremont, Nebraska. The warranty on this option would be 12 months, not to include wear parts like seals. The total cost of this option including parts, labor and shipping is $59,000.00. I have researched the cost of used 2004 – 2006 E-one/ Bronto’s and they are selling for $195,000 to $395,000 this is in line with what we purchased the truck for in 2016. To currently replace this truck, it is a three year wait at a cost of $2,200,000. It would be my recommendation to move forward with using EAM and Rosenbauer Aerial to construct a replacement waterway for Aerial 1. 4 5 6 + Expenditures January 22, 2024 Check #120038 to #120135 $662,839.05 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting January 22, 2024 Transfer In/(Out) 1/2/2024 Transfer to FRB Money Market (1,000,000.00) 1/2/2024 UB Return - Cantin (127.14) 1/3/2024 H.S.A. Employer Contribution (5,874.85) 1/5/2024 Council #01 Payroll (3,892.04) 1/5/2024 Council #01 Federal Deposit (214.94) 1/5/2024 Council #01 PERA (430.72) 1/5/2024 Council #01 State (47.31) 1/5/2024 Transfer from 4M 2,095,242.50 1/5/2024 Payroll #01 (190,814.64) 1/5/2024 Payroll #01 Federal Deposit (55,021.89) 1/5/2024 Payroll #01 PERA (55,862.46) 1/5/2024 Payroll #01 State (12,510.59) 1/5/2024 Payroll #01 Child Support (923.22) 1/5/2024 Payroll #01 H.S.A. Bank Pretax (3,200.24) 1/5/2024 Payroll #01 TASC Pretax (867.27) 1/5/2024 Payroll #01 Mission Sq 457 Def. Comp #301596 (2,945.00) 1/5/2024 Payroll #01 Mission Sq Roth IRA #706155 (939.23) 1/5/2024 Payroll #01 MSRS HCSP #98946-01 (4,977.80) 1/5/2024 Payroll #01 MSRS Def. Comp #98945-01 (2,985.00) 1/5/2024 Payroll #01 MSRS Roth IRA #98945-01 (779.00) 1/12/2024 Bldg Permit Surcharge (1,364.94) 1/19/2024 Sales & Use Tax (7,376.00) 1/19/2024 Payroll #01 (200,189.78) 1/19/2024 Payroll #02 Federal Deposit (56,597.06) 1/19/2024 Payroll #02 PERA (57,465.44) 1/19/2024 Payroll #02 State (12,721.60) 1/19/2024 Payroll #02 Child Support (923.22) 1/19/2024 Payroll #02 H.S.A. Bank Pretax (3,200.24) 1/19/2024 Payroll #02 TASC Pretax (867.27) 1/19/2024 Payroll #02 Mission Sq 457 Def. Comp #301596 (3,045.00) 1/19/2024 Payroll #02 Mission Sq Roth IRA #706155 (939.23) 1/19/2024 Payroll #02 MSRS HCSP #98946-01 (5,144.82) 1/19/2024 Payroll #02 MSRS Def. Comp #98945-01 (2,985.00) 1/19/2024 Payroll #02 MSRS Roth IRA #98945-01 (779.00) 49 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: January 2, 2024 TIME STARTED: 6:00 PM TIME ENDED: 8:18 PM MEMBERS PRESENT: Councilmembers Lyden, Stoesz, Ruhland, Cavegn, Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Public Safety Director John Swenson; Public Services Director Rick DeGardner; Community Development Director Michael Grochala; City Planner Katie Larsen. 1. 424 Apollo Drive (Rice Industries) Appeal to Exterior Materials Interpretation City Planner Katie Larsen discussed a formal land use application received from TS Miller (Rice Industries) appealing City staff’s interpretation of the zoning code related to building type, construction, and exterior wall finishes. The City Council serves as the local board of appeals, so a formal resolution will be presented at the January 8, 2024 Council Meeting for Council’s interpretation of the appeal. The applicant is planning an addition with exterior insulated metal panels (IMPs) which are insulated metal panels. Planner Larsen reviewed the Zoning Ordinance with regard to exterior finishes. She advised on staff’s interpretation and reviewed the details provided in her staff report, including defintions of Class 1, 2, and 3 materials. She advised that staff does not recommend treating the proposed IMPs as Class 1 or 2 materials. Planner Larsen also presented a sample of the builing material propsed by the applicant. Aaron Sundeen the contractor working with Taylor (TS) Miller, spoke to Council of the details of the product and of what specifically the applicant is appealing. He advised that what the ordinance reads in 1007.043 2(d)(5) about metal wall panels speaks to pole buildings; their prouject isn’t a pole building, it’s an addition to an existing building in an industrial area. He also commented on similar projects in other communities where the city allowed th e same material being rejected here as it’s looked at as a Class 1 or 2 material; he added that is the main intent of the appeal. Community Director Grochala advised that at the most, staff would be willing to agree that this material falls under the Class 3 classifications. Discussion was held with the applicant who 50 adamently objected to this. Director Grochala stated that the City would not want to see this material on more than 25% of the building. Council discussed concerns with the materials and asked questions of Mr. Sundeen. Council concurred that they would approve the material being used as a Class 3 material. 2. Sport Dome Proposal Community Development Director Michael Grochala and Public Services Director Rick DeGardner, discussed a proposal by SFDMG, LLC. to partner with the City to construct a 92,000 square-foot sports dome. Staff sought Council’s appetite to pursue this agreement; and, if interested, staff inquired of any additional public benefit options to be considered by the Council. Mark Beigelbach of SFDMG was also present and discussed the potential project with Cou ncil. He also provided some information on sports domes in the metro area. Mr. Beigelbach also provided information on the limited locations that a dome could be constructed in the metro area; that Lino Lakes is one of the few remaining cities in the metro where a dome could be constructed according to their group’s standards. Council discussed the proposed location and concerns about the City potentially needing to take on the full responsibility of the dome in the same manner of the former YMCA. Council also discussed safety concerns with regard to weather. Public benefit options including hours, a walking track, tying in the Rookery membership, pickleball courts, roads, and the potential of two (2) domes were discussed. Council also discussed reorienting the positioning of the proposed dome as well as the addition of a restaurant. Christina Glasgow: Coaching Director for the Centennial Volleyball Club and Lino Lakes resident stated she is very interested in the dome complex and hopes that there would be consideration given for volleyball space as the program has grown substantially. Mr. Christopher Stowe, 426 Pine Street, stated that he did work in the Eden Prairie dome and when he lived in Vadnais Heights, his daughter participated in Dome Ball (indoor softball); he is for this project. But he voiced concerns about the possiblitiy of the dome co llapse and the financial responsibility that would be on the city much as it was in Vadnais Heights. He also asked if the process is being followed as this was not brought to Planning and Zoning. Ms. Catherine Decker, 614 Pine Street, asked of the zoning for the proposed area. Director Grochala closed out by speaking to the Comprehensive Plan and the long-term vision for the property. 51 3. Minnesota Public Safety Aid Public Safety Director John Swenson provided an update to Council on the status o f Public Safety Aid received by the City of Lino Lakes. He advised that to date, $610,525 of the funding has been allocated with $318,769 remaining. Director Swenson advised that there is no expiration dates on the funds. Discussion was held on staff use of the funds for retention (of public safety staff) purposes. Director Swenson discussed retention concerns, and current hiring trends and issues. He stated that retention decisions with regard to financial incentives need to be looked at long - term as well, not just short-term. Staff will bring forward some proposals for retention in the future for Council’s consideration. Mr. Christopher Stowe, 426 Pine Street, stated that when he lived in Vadnais Heights, they did not have their own police department and also commented on other communities in the county which do not have their own police departments. He asked if it would be more cost- effective to have police services covered by the Sheriff’s Office. Ms. Catherine Decker, 614 Pine Street, added comments expressing concerns about retention benefits and the need for any new employees who receive retention pay benefits to be employed for a specified amount of time. 4. Annual Appointments City Administrator Sarah Cotton presented the proposed annual appointments for Council consideration and discussion. Containined within the staff report were all recommended annual appointments. Staff will bring a formal recommendation for consideration at the next regular Council meeting. Councilmember Cavegn noted that the schedule for the Joint Law Enforcement Council is difficult for him; he asked if another Councilmember could be appointed in his place. Councilmember Stoesz indicated a willingness to step in. Councilmembers Ruhland and Lyden will be added to the Local Board of Appeal and Equalization after they complete their training requirements. Council concurred with the remaining recommendations. 5. Board and Commission Appointments City Administrator Sarah Cotton advised Council of pending board appointment term expirations and the applicantions received for appointment. Council indicated they would like to conduct interviews with all applicants. Tentative interview schedules were discussed. 52 Adjourn The work session concluded at 8:18 PM. These minutes were considered and approved at the regular Council Meeting on January 8, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 53 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: January 8, 2024 TIME STARTED: 5:41 PM TIME ENDED: 6:02 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff Members Present: City Clerk Jolleen Chaika. The City Council conducted an interview of John Sullivan, an incumbent member of the Environmental Board, seeking reappointment. The Special Work Session concluded at 6:02 PM. These minutes were considered and approved at the regular Council Meeting on January 22, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 54 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: January 8, 2024 TIME STARTED: 7:13 PM TIME ENDED: 7:50 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff Members Present: City Clerk Jolleen Chaika. The City Council conducted an interview with Clark Gooder, an incumbent member of the Park Board, seeking reappointment. Following the interview of Mr. Gooder, the City Council conducted an interview with Jason Spitzer, a resident seeking appointment to the Park Board. The Special Work Session concluded at 7:50 PM. These minutes were considered and approved at the regular Council Meeting on January 22, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 55 LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE: January 8, 2024 TIME STARTED: 6:04 PM TIME ENDED: 6:13 PM MEMBERS PRESENT: Councilmembers Stoesz, Lyden, Ruhland, Cavegn, Mayor Rafferty Staff Members Present: City Administrator Sarah Cotton; Public Safety Director John Swenson; Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; City Clerk Jolleen Chaika. 1. Review Regular Agenda Mayor Rafferty reviewed the meeting agenda. Staff provided an overview of the staff reports for each agenda item. The work session concluded at 6:13 PM. These minutes were considered and approved at the regular Council Meeting on January 22, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor 56 LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: January 8, 2024 TIME STARTED: 6:30 PM TIME ENDED: 8:05 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz, Ruhland, Cavegn, Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Director of Public Safety John Swenson; Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; City Clerk Jolleen Chaika. At 6:30 PM, City Clerk Jolleen Chaika administered the Oath of Office to Mayor Rafferty, Councilmember Lyden, and Councilmember Ruhland. The meeting was called to order by Mayor Rafferty at 6:32 PM. PUBLIC COMMENT Public Comment was opened at 6:33 PM. Mr. John Hanselman, president of E&E Foods dba Edwin’s Edibles on Lake Drive – advised that he was seeking direction and assistance from the Council concerning a generator he is using on his property as he has experienced issues with the power since he remodeled his business property. He is currently awaiting Xcel to bring more power to his location but in the meanwhile has had to ope rate a generator in order to keep his business running. He was recently advised that the generator is not allowed per City code. He is seeking some flexibility from the City as he works with Xcel to get the situation resolved. Mayor Rafferty asked Communit y Development Director Michael Grochala to advise; Director Grochala indicated he will speak with staff and the state electrical inspector and will follow-up with Mr. Hanselman. Mr. William Hahn, 6808 Lakeview Drive, addressed Council as a follow-up to the driving issues on Lakeview Drive he raised last month. He expressed thanks for additional patrols that were dispatched but stated there have been some setbacks around the holiday season. He said that drunks are sleeping in their cars and walking down Lak eview Drive with open containers. He believes there are additional increased safety issues now, more than before , and requested additional review of these concerns by City s taff. Mr. Sam Bennett, 6841 Lakeview Drive, spoke to Council of concerns he also has about Lakeview Drive. He advised that he used go on night walks with his young daughter in the evening before her bedtime and was surprised to learn how few people slow down on the street. He made note of several instances where vehicles may slow down and several instances where property 57 damage has resulted due to drivers. He suggested some traffic-slowing measures and provided Council with a visual example (added to the agenda packet for public review). 1. Motion to: Close Public Comment at 6:50 PM. SETTING THE AGENDA The agenda was accepted as presented. 1. CONSENT AGENDA A. Consider Approval of Expenditures for January 8, 2024 (Check No. 119859 through 120037) in the Amount of $4,420,579.18 B. Consider Approval of December 2, 2023 Work Session Minutes C. Consider Approval of December 11, 2023 Work Session Minutes D. Consider Approval of December 11, 2023 Council Meeting Minutes E. Consider Approval of the Hiring of Part-Time Staff for the Rookery Activity Center F. Consider Approval of Solicitor Permit G. Consider Approval of 2024 Annual Appointments i. Motion to: Approve Consent Agenda Items 1A-G 2. ADMINISTRATION DEPARTMENT REPORT A. Consider Appointment of Part-Time Firefighter, Public Safety Director John Swenson requested Council approval to hire Nicholas Fillippi as a part-time firefighter. i. Motion to: Appoint Nicholas Fillippi as Part-Time Fire fighter RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty 58 B. Consider Appointment of Part-Time Firefighter Public Safety Director John Swenson requested Council approval to hire Tyler Moore as a part-time firefighter. i. Motion to: Appoint Tyler Moore as a Part-Time Firefighter 3. COMMUNITY DEVELOPMENT REPORT A. Consider Resolution No. 24-02 Determining Intent of City Code Chapter 1007 Relating to Building Type and Construction-Exterior Wall Finishes City Planner Katie Larsen presented a resolution to a determine the intent of CH. 1007 concerning exterior wall finishes. Applicant, Taylor Miller of TS Miller Company, LLC, submitted a land use application to appeal staff’s interpretation of the zoning code relating to building type and exterior wall finishes for a property at 424 Apollo Drive. She highlighted history and code details as laid out in her staff report. i. Motion to: Approve Resolution 24-02, Determining Intent of City Code Chapter 1007 Relating to Building Type and Construction – Exterior Wall Finishes B. Consider Resolution No. 24-01, Approve Final Payment, CRJ/CSAH 49 (Hodgson Road) Trunk Utility Improvements Project City Engineer Diane Hankee requested Council approval of Resolution 24-01 to approve final payment to Northdale Construction Company in the amount of $1,233,340.71 for the now-completed trunk utility project at County Road J and Hodgson Road. i. Motion to: Approve Resolution 24-01 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Rafferty Ruhland RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty 59 C. Ordinance No. 01-24, Vacating Drainage & Utility Easement, 6049 Sargent Court North City Engineer Diane Hankee requested Council consideration of Ordina nce 01-24 to vacate a drainage and utility easement at 6049 Sargent Court North. She noted that the property owners have requested this vacation and that staff has reviewed the request and application to vacate with no concerns raised. i. Public Hearing The Public Hearing was opened at 7:00 PM. No comments were received. a. Motion to: Close Public Hearing at 7:01 PM. ii. Consider 1st Reading of Ordinance 01-24 a. Motion to: Dispense of Full Reading of Ordinance 01-24 b. Motion to: Approve First Reading of Ordinance 01-24 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Ruhland, Rafferty RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Ruhland, Cavegn, Rafferty 60 D. Consider Resolution No. 24-04 Authorize Appraisal Services for the 2024/2025 Street Reconstruction Project, City Engineer Diane Hankee requested Council consideration and approval of Resolution 24-04 to authorize retention of Hosch Appraisal & Consulting, Inc, to prepare a benefit evaluation to determine potential special assessments and feasilbility related to utility improvements for the Pine Haven and Colonial Woods neighborhoods. She highlighted that costs for the appraisal services is not to exceed $30,000. i. Motion to: Approve Resolution 24-04 Adjournment Mayor Rafferty reviewed the community calendar. After confirming there were no additional business matters to attend to, Mayor Rafferty adjourned the meeting at 7:11 PM. These minutes were considered and approved at the Regular City Council Meeting on January 22, 2024. Jolleen Chaika, City Clerk Rob Rafferty, Mayor RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty 61 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1G STAFF ORIGINATOR: MEETING DATE: TOPIC: Jolleen Chaika, City Clerk January 22, 2024 Resolution 24-05 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 December, 2023 a tobacco license was issued to the new owner of the Corner Express, located at 7997 Lake Drive. As the 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 owners of the Corner Express has been received by City staff. Background checks were conducted on the owners 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 24-05 Approving a New Cannabinoid License for the Corner Express. ATTACHMENTS Resolution 24-05 62 CITY OF LINO LAKES RESOLUTION NO. 24-05 Approving an Edible Cannabinoid License for the Corner Express 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, Lino Lake Property, Inc, owner of the Corner Express located at 7997 Lake drive, 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 the Corner Express, located at 7997 Lake Drive, effective until June 30, 2024 unless cancelled or revoked before that date. Adopted by the City Council of the City of Lino Lakes this 22nd day of January, 2024. Rob Rafferty, Mayor ATTEST: Jolleen Chaika, City Clerk 63 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1H STAFF ORIGINATOR: Jolleen Chaika, City Clerk MEETING DATE: January 22, 2024 TOPIC: Resolution 24-06: Appointing Election Judges for Presidential Nominating Primary VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION On March 5, 2024, the City will administer this the Presidential Nominating Primary (PNP). BACKGROUND The governing body of a municipality has the authority, under Minn. Stat. 204B.21, to appoint election judges to serve in general elections, including PNP. The City Council is being asked to appoint the list included on Resolution 24-06 as election judges for the March 5, 2024 PNP. The resolution also would authorize the City Clerk to appoint additional election judges to serve if needed. RECOMMENDATION Approve Resolution 24-06, appointing election judges for the 2024 Presidential Nominating Primary and authorizing City Clerk to appoint additional election judges if needed. ATTACHMENTS Resolution 24-06 64 CITY OF LINO LAKES RESOLUTION NO. 24-06 APPOINTING ELECTION JUDGES FOR THE MARCH 5, 2024 PRESIDENTIAL NOMINATING PRIMARY WHEREAS, a Presidential Nominating Primary will be held on Tuesday, March 5, 2024; and, WHEREAS, pursuant to Minn. Stat. 204B.20, election judges shall be appointed to serve in an election precinct and the appointing authority shall designate a judge serve as the head election judge; and, WHEREAS, Minn. Stat. §204B.021, Subd. 2, requires that appointments be made at least 25 days before the election at which the judges will serve and that additional appointments may be made after the 25-day mark should the need arise; WHEREAS, the following are certified eligible voters who wish to serve as election judges and head judges (HJ) if called to do so in the 2024 Presidential Nominating Primary: Raoul Anderson Debra Hyden Patrick McCool Nicholas Schintgen Joel Andrychowicz Pamela Jacobson (HJ) Nathan Melanson Loerane Surma-Heine (HJ) Uyanga Bayandalai Thomas Jacobson (HJ) Stephen Minar Kathryn Timm Darman Berg Lorita Janas Deborah Morris Betty Utecht (HJ) Carol Blomberg Susan Johnson Dan Musser (HJ) Kathy Wall (HJ) Colleen Borys (HJ) Steve Kahat John Nordlund (HJ) Angela Carlson Sharon Kranz Denise Palmer Kathryn Cheesebrow Juliane Kvalbein (HJ) John Parenteau Eileen Couture (HJ) Jolie Lahlum Janice Pasqualini Andrew Cravero Karen Leavell Marg Penn Debra Cravero Sherri Leu Darren Peterson Richard (Tom) Fidler Matthew Liu Joseph Plaisance Rebecca Fletcher Janet Logid Ann Rauch Dara Gades (HJ) Dawn Maxwell Gregory Rogers Dagmar Hoebertz Kathy McCool Dedrea Ruchinski NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the above-listed certified eligible voters are hereby appointed to serve as election judges and head judges in the 2024 Presidential Nominating Primary if called to do so; and, 65 BE IT FURTHER RESOLVED that should additional election judges outside of those hereby appointed be needed within 25 days of the election, the City Clerk is authorized to appoint additional certified and qualified election judges. Adopted by the City Council of the City of Lino Lakes this 22nd day of January, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 66 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1I STAFF ORIGINATOR: MEETING DATE: TOPIC: Jolleen Chaika, City Clerk January 22, 2024 Resolution 24-10 Approving a New Cannabinoid License VOTE REQUIRED: 3/5 INTRODUCTION The City o f L ino Lakes requires a license for any business that desires to sell edible cannabinoid (low potency THC) products. BACKGROUND Eagle Liquor is currently licensed to sell off -sale intoxicating alcoholic beverages. Following the August amendment to Chapter 617 of the City Ordinance to allow exclusive liquor stores to apply for and obtain a Cannabinoid License, Eagle Liquor has applied to expand their licensing capabilities to include sale of cannabinoid products. A complete application 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 24-10 Approving a New Cannabinoid License for Eagle Liquor. ATTACHMENTS Resolution 24-10 1 67 CITY OF LINO LAKES RESOLUTION NO. 24-10 APPROVING AN EDIBLE CANNABINOID LICENSE FOR EAGLE LIQUOR 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, Siarhei Nazaranka, owner of Eagle Liquor located at 617 Ap ollo Drive, 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 an Edible Cannabinoid License with conditions as stated above, to Eagle Liquor, effective until June 30, 2024 unless cancelled or revoked before that date. Adopted by the City Council of the City of Lino Lakes this 22nd of January, 2024. Rob Rafferty, Mayor ATTEST: Jolleen Chaika, City Clerk 68 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 2A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: January 22, 2024 TOPIC: Consider Appointment of Community Service Officer VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the appointment of Kayla McKinney to the Part-Time Community Service Officer position in the Public Safety Department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of McKinney for the part-time position. McKinney is working towards a degree in law enforcement and is currently volunteering as a firefighter for the City of North Branch. The starting wage for McKinney will be $24.78 per hour which is the current Starting Step for the part-time Community Service Officer position. With the Council’s approval, McKinney would start in the Community Service Officer position on February 5, 2024. RECOMMENDATION Please approve the appointment of Kayla McKinney to the Community Service Officer position. ATTACHMENTS None 69 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 2B STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: January 22, 2024 TOPIC: Consider Appointment of Community Service Officer VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the appointment of Adam Crowl to the part-time Community Service Officer position in the Public Safety Department. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Crowl for the part-time position. Crowl is working towards a degree in law enforcement and is currently volunteering in the reserve program with the City of Lino Lakes. The starting wage for Crowl will be $24.78 per hour which is the current Starting Step for the part-time Community Service Officer position. With the Council’s approval, Crowl would start in the Community Service Officer position on January 29, 2024. RECOMMENDATION Please approve the appointment of Adam Crowl to the Community Service Officer position. ATTACHMENTS None 70 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: January 22, 2024 TOPIC: Consider 1st Reading of Ordinance No. 02-24, Zoning Ordinance Map Amendment-Water Treatment Plant (6590 12th Avenue) Rezoning from R-1X to PSP VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City is rezoning the property located at 6590 12th Avenue from R-1X, Single Family Executive to PSP, Public and Semi-Public for the purpose of constructing a City water treatment plant. BACKGROUND The 2040 Comprehensive Plan identifies the need for a City water treatment plant. In June 2020, a water treatment plant feasibility study was completed which recommended the construction of a conventional gravity filtration system. The study identified the southwest intersection of Birch Street and 12th Avenue as the best location. The site is located just east of Well No. 3. and is also within a mile of Well No’s. 1, 3, 5 and 6. Trunk watermain bisects the site and raw watermain can be installed efficiently to treat these four (4) wells at this central location. In May 2023, the City Council authorized purchase of the 6 acre parcel located at 6590 12th Avenue for the purpose of constructing the water treatment plant. The deed was recorded in August 2023. The property is currently zoned R-1X, Single Family Executive and will be rezoned to PSP, Public and Semi-Public to be consistent with the construction of a public building. Tentative schedule is summer 2024 construction and 2026 operation. ANALYSIS This land use application is for rezoning only. An Architectural Design Committee consisting of City staff, two (2) Council members, and Oertel Architects staff have been working on the building design. Staff will complete a full site and building plan review when final plans are complete. Attached is a draft site plan and architectural rendering for reference only. Existing Site Conditions 71 2 The 6 acre parcel is located at the southwest quadrant of CSAH 34 (Birch Street) and 12th Avenue. A minor subdivision was processed to subdivide this parcel from the larger parcel located at 6510 12th Avenue. Land Use and Zoning The parcel is guided low density residential per the 2040 Comprehensive Land Use Plan. Per City Code Section 1007.070(5), essential services such as a water treatment plant are permitted in any zoning district. Therefore, a water treatment plant would be allowed in any land use classification and zoning district. The parcel is currently zoned R-1X, Single Family Executive and will be rezoned to PSP, Public and Semi-Public to be consistent with the construction of the water treatment plant. Public buildings such as a water treatment plant are permitted uses in the PSP district. Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North PUD Rural Residential Low Density Sewered Residential South R-1X Agricultural Low Density Sewered Residential East R-1X Single Family Residential Low Density Sewered Residential West R-1X Utility (City Wellhouse) Civic/Institutional (City Wellhouse) Findings of Fact The Findings of Fact are detailed in Ordinance No. 02-24. RECOMMENDATION The Planning & Zoning Board held a public hearing on January 10, 2024. Public comments included questions about noise, odor, property values, landscaping, architecture, and cost. The Board voted 7-0 in favor of the proposed rezoning. The Board also recommend an Open House be held. Staff recommends approval of the 1st reading of Ordinance No. 02-24. ATTACHMENTS 1.Ordinance No. 02-24 72 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 02-24 ORDINANCE REZONING PROPERTY FROM R-1X, SINGLE FAMILY EXECUTIVE TO PSP, PUBLIC AND SEMI-PUBLIC FOR CITY WATER TREATMENT PLANT (6590 12TH AVENUE) The City Council of Lino Lakes ordains: Section 1. Findings of Fact. 1.The City is rezoning the property located at 6590 12th Avenue from R-1X, Single Family Executive to PSP, Public and Semi-Public for the purpose of constructing a City water treatment plant. 2.The Planning & Zoning Board held a public hearing on January 10, 2024 and recommended approval with a 7-0 vote. 3.Per City Code Section 1007.015 (4): (d)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 rezoning and future water treatment plant are consistent with the City Comprehensive Plan’s Water Supply goal to provide the City’s residents and businesses with affordable potable water that is safe and of high quality for daily consumption and fire demand. 2.The proposed action is or will be compatible with present and future land uses of the area. The proposed rezoning and future water treatment plant are compatible with present and future land uses of the area. 3.The proposed action conforms with all performance standards contained herein. The proposed future water treatment plant shall conform with all performance standards. 4.The proposed action can be accommodated with existing public services and will not overburden the City’s service capacity. Attachment 1: Ordinance No. 02-24 73 2 The proposed future water treatment plant 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). The proposed future water treatment plant is within the capabilities of the streets serving the property. CSAH 34 (Birch Street) is a minor arterial street. 12th Avenue is a major collector street. Section 2. Amendment. The Lino Lakes City Code Chapter 1007 is hereby amended to rezone Tract A as shown on Exhibit A from R-1X, Single Family Executive to PSP, Public and Semi-Public. Section 3. Legal Description. That part of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota which lies within the Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota. AND ALSO That part of the following described tract: The Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota, EXCEPTING ALL that part of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota, and EXCEPTING ALL that part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 28; thence South 89 degrees 56 minutes 28 seconds West, 835.00 feet along the Northerly line of said Northeast Quarter of the Southeast Quarter (basis for bearings); thence South 00 degrees 03 minutes 32 seconds East, 88.66 feet to the Southerly right-of-way line of County State Aid Highway No. 10 according to the Anoka County Highway right-of-way Plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 00 degrees 03 minutes 32 seconds East, 207.22 feet; thence South 89 degrees 56 minutes 28 seconds West, 208.00 feet; thence North 00 degrees 03 minutes 32 seconds West, 212.27 feet to said Southerly right-of-way of County State Aid Highway No. 10; thence Easterly along said Southerly right-of way, 208.06 feet along the arc of a non-tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds, a radius of 11,519.16 feet, a chord bearing of South 88 degrees 40 minutes 07 seconds East, and a chord distance of 208.06 feet to the point of beginning. Which lies easterly and northerly of the following described line: 74 3 Beginning at the aforementioned point of beginning; thence South 00 degrees 03 minutes 32 seconds East, 207.22 feet; thence South 76 degrees 18 minutes 03 seconds East, 320.00 feet; thence South 70 degrees 03 minutes 01 seconds East, 556.80 feet, more or less, to the East line of said Northeast Quarter of the Southeast Quarter and said line there terminating. Section 4: Effect. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of ________________, 2024. BY: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 75 4 EXHIBIT A Certificate of Survey 76 MB S S S S S S S S VLT F F F F F F F F F OWNER: AGNES C. LAMOTTE & ALWIN A. LAMOTTE ADDRESS: 6510 12TH AVE PID: 28-31-22-41-0004 20 FT WIDE DRAINAGE & UTILITY EASEMENT PER DOC. NO. 2136344.003 20 NE CORNER OF THE NE 1/4 OF THE SE 1/4 OF SEC. 28, T. 31, R. 22 E LINE OF THE NE 1/4 OF THESE 1/4 OF SEC. 28, T. 31, R. 22E LINE OF D. ERICKSON 2NDADDITION AS MONUMENTEDANDW LINE OF THE NE 1/4 OF THESE 1/4 OF SEC. 28, T. 31, R. 22N LINE OF TRAPPERS CROSSING AND S LINE OF THE NE 1/4 OF THE SE 1/4 OF SEC. 28, T. 31, R. 22 N LINE OF THE NE 1/4 OF THE SE 1/4 OF SEC. 28, T. 31, R. 22 30 FT WIDE UTILITY EASEMENT PER DOC. NO. 944368 PROPOSED TRACT A PROPOSED TRACT B OWNER: CITY OF LINO LAKES ADDRESS: 1180 BIRCH ST PID: 28-31-22-41-0003 275.00S89°56'28"W33.00S89°56'28"W30.00S LINE OF PARCEL 40, ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11 S MBMB S BITUMINOUS SURFACEBITUMINOUS SURFACE BITUMINOUS SURFACE BITUMINOUS SURFACEGRAVEL SURFACE GRAVEL SURFACE 15" CMP OH OH OH OH OH OH OH OHOHOHOHOHSHED RET. WALL SHED SHED SHED SHED SHED SHED SHED SHED SHED SHED SHED SHED SHED SHED HOUSESHED HOU S E HOUSE 15" RCP15" CMP 15" CMP 15" CMP S76°1 8 ' 0 3 " E 3 2 0 . 0 0 S70 ° 0 3 ' 0 1 " E 5 5 6 . 8 0 S89°56'28"W 208.00 S00°03'32"E 207.22N00°03'32"W 212.27S00°03'32"E 88.66 (MEAS) S01°03'42"W (DEED) S89°56'28"W 835.00 (MEAS) N88°56'18"W (DEED) N89°21'15"W (PLAT) L=431.75 R=11519.16 Δ=2°08'51" C.=431.72 (PLAT) S89°56'28"W 659.33L=17 5.5 2 R =11519 .16 Δ =0 °5 2 '2 3 " N89°21'15"W 659.37 (PLAT) N87°12'24"W 371.00 (PLAT) L=208.06 R=11519.16 Δ=1°02'06" C.=208.06 C.BRG.=S88°40'07"E (MEAS) C.BRG.=S87°32'52"E (DEED)S01°03'42"W (DEED)N88°56'18"W (DEED)N01°03'42"E (DEED)S'LY ROW LINE OF C.S.A.H. NO. 10 PER ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 11 BIT. DRIVEWAYL=48.17 R=11519.16 Δ=0°14'23" N87°54'41"W 227.90 S89°49'31"W 1314.52S00°09'12"E1323.02N00°02'29"E 1320.36N00°02'29"E 90.00 N00°02'29"E1320.36472.50757.866.6 7.5 15 15S89°56'28"W 140.7676°8'7"N13°55'25"W 190.55275FD PIPE FD PIPE FD PIPE FD PIPE FD PIPE FD PIPE FD PIPE FD PIPE FD PIPE FD RLS 12361 FD COUNTY MONUMENT FD COUNTY MONUMENT FD COUNTY MONUMENT FD COUNTY MONUMENT FD LEANING PIPE LIES 0.6 FEET SW OF CORNER FD LEANING PIPE LIES 0.7 FEET S OF CORNER SE CORNER OF SEC. 28, T. 31, R. 22 8 9 ° 5 3 ' 5 9 " (M E A S ) 8 9 ° 5 5 ' 2 6 " ( P L A T ) 40 40 40 40 12012020 45 45965.007.6 7.1 6.2 5.973.371249.65N00°43'19"E (PLAT) S89°56'28"W 1319.00 PROPOSED RIGHT OF WAY EASEMENT DESCRIPTION A permanent easement for right of way purposes over, under, and across the East 40.00 feet of proposed TRACT A, EXCEPT that part which lies within Anoka County Highway right-of-way Plat. No. 11, Anoka County, Minnesota. DRAFT SURVEY SCALE: SURVEY BY: DRAWN BY: CHECK BY: SHEET OF WSB PROJECT NO.I HEREBY CERTIFY THAT THIS SURVEY, PLAN, ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONLino Lakes Water Treatment Plant SiteCity of Lino Lakes, MinnesotaCERTIFICATE OF SURVEY - LOT SPLIT 1" = 100' TH JRH Jeremy R. Honga580138/23/2023021336-000 1 1DRAFT - 2023-08-230 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet CERTIFICATE OF SURVEY 6510 12TH AVE, LINO LAKES, MINNESOTA N NOT TO SCALE EXISTING PROPERTY DESCRIPTION Per Property Report No. A22-09006, dated 8/31/2022, as provided by Registered Abstracters, Inc. The Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota, EXCEPTING ALL that part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 28; thence North 88 degrees 56 minutes 18 seconds West, 835.00 feet along the Northerly line of said Northeast Quarter of the Southeast Quarter (basis for bearings); thence South 01 degrees 03 minutes 42 seconds West, 88.66 feet to the Southerly right-of-way line of County State Aid Highway No. 10 according to the Anoka County Highway right-of-way Plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 01 degrees 03 minutes 42 seconds West, 207.22 feet; thence North 88 degrees 56 minutes 18 seconds West, 208.00 feet; thence North 01 degrees 03 minutes 42 seconds East, 212.27 feet to said Southerly right-of-way of County State Aid Highway No. 10; thence Easterly along said Southerly right-of way, 208.06 feet along the arc of a non-tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds and a radius of 11,519.16 feet, the long chord of which bears South 87 degrees 32 minutes 52 seconds East, 208.06 feet to the point of beginning. SURVEY NOTES 1. The bearing system is based on the Anoka County Coordinate System, NAD83 (1996 Adjust), having an assumed bearing of N00°02'29"E for the East line of the Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22. 2. Field work was completed on 7/10/2023. PROPERTY SUMMARY 1. Subject property's address is 6510 12th Ave, Lino Lakes, MN, 55038. 2.Subject property's property identification number is 28-31-22-41-0004. 3. The gross area of the subject property is 1,696,784 Square Feet or 38.95 acres. 4. The subject property is zoned R-1X - Single Family Executive, per the City of Anoka Zoning Map, dated 1/5/2023. That part of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota which lies within the Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota. AND ALSO That part of the following described tract: The Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota, EXCEPTING ALL that part of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota, and EXCEPTING ALL that part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 28; thence South 89 degrees 56 minutes 28 seconds West, 835.00 feet along the Northerly line of said Northeast Quarter of the Southeast Quarter (basis for bearings); thence South 00 degrees 03 minutes 32 seconds East, 88.66 feet to the Southerly right-of-way line of County State Aid Highway No. 10 according to the Anoka County Highway right-of-way Plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 00 degrees 03 minutes 32 seconds East, 207.22 feet; thence South 89 degrees 56 minutes 28 seconds West, 208.00 feet; thence North 00 degrees 03 minutes 32 seconds West, 212.27 feet to said Southerly right-of-way of County State Aid Highway No. 10; thence Easterly along said Southerly right-of way, 208.06 feet along the arc of a non-tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds, a radius of 11,519.16 feet, a chord bearing of South 88 degrees 40 minutes 07 seconds East, and a chord distance of 208.06 feet to the point of beginning. Which lies easterly and northerly of the following described line: Beginning at the aforementioned point of beginning; thence South 00 degrees 03 minutes 32 seconds East, 207.22 feet; thence South 76 degrees 18 minutes 03 seconds East, 320.00 feet; thence South 70 degrees 03 minutes 01 seconds East, 556.80 feet, more or less, to the East line of said Northeast Quarter of the Southeast Quarter and said line there terminating. PROPOSED PROPERTY DESCRIPTION - TRACT A PROPOSED PROPERTY DESCRIPTION - TRACT B That part of the following described tract: The Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota, EXCEPTING ALL that part of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota, and EXCEPTING ALL that part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 28; thence South 89 degrees 56 minutes 28 seconds West, 835.00 feet along the Northerly line of said Northeast Quarter of the Southeast Quarter (basis for bearings); thence South 00 degrees 03 minutes 32 seconds East, 88.66 feet to the Southerly right-of-way line of County State Aid Highway No. 10 according to the Anoka County Highway right-of-way Plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 00 degrees 03 minutes 32 seconds East, 207.22 feet; thence South 89 degrees 56 minutes 28 seconds West, 208.00 feet; thence North 00 degrees 03 minutes 32 seconds West, 212.27 feet to said Southerly right-of-way of County State Aid Highway No. 10; thence Easterly along said Southerly right-of way, 208.06 feet along the arc of a non-tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds, a radius of 11,519.16 feet, a chord bearing of South 88 degrees 40 minutes 07 seconds East, and a chord distance of 208.06 feet to the point of beginning. EXCEPT that part which lies easterly and northerly of the following described line: Beginning at the aforementioned point of beginning; thence South 00 degrees 03 minutes 32 seconds East, 207.22 feet; thence South 76 degrees 18 minutes 03 seconds East, 320.00 feet; thence South 70 degrees 03 minutes 01 seconds East, 556.80 feet, more or less, to the East line of said Northeast Quarter of the Southeast Quarter and said line there terminating. * 35E 35W BIRCH ST 12THAVE SCENTERVILLE RD20TH AVE SSITE HODGSONRDLAKE DRMAIN STMAIN STSURVEYOR NOTES 1. This survey was prepared with the benefit of Property Report No. A22-09006, dated 8/31/2022, as provided by Registered Abstracters, Inc. 2. Possible encroachments along the west and south boundary lines. 3. Location, sizes and types of underground utilities shown are a combination of observed evidence. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. WSB, makes no guarantee that the utilities shown comprise all of the utilities in the area. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. Pursuant to MS 216.D contact Gopher State One Call at 651-454-0002 prior to any excavation. FOUND MONUMENT UNDERGROUND GASG STORM CATCH BASIN ST S FENCE UNDERGROUND ELECTRICE WATER VALVE HYDRANT FLARED END SECTION STORM MANHOLE SANITARY MANHOLE SIGN PEDESTAL LIGHT POLE BUILDING EDGE SECTION CORNER POWER POLE LEGEND METER STORM LINE SANITARY LINE DECIDUOUS TREE CONIFEROUS TREE SET MONUMENT GUY ANCHOR MB MAIL BOX CURB STOP WATER MAIN UNDERGROUND FIBER OPTICF UNDERGROUND COMMUNICATIONC OVERHEAD ELECTRICOH TREE LINE UTILITY VAULTVLT PROPOSED RIGHT OF WAY EASEMENT AREA = 18,609 Square Feet or 0.43 acres DELINEATED WETLAND AREA FEMA FLOODPLAIN AREA RCWD FLOODPLAIN AREA PROPOSED AREAS Total Area of Proposed Tract A = 388,184 Square Feet or 8.91 acres Area of Tract A within Anoka County Highway right-of-way Plat No. 11 = 114,717 Square Feet or 2.63 acres Area of Tract A excepting Anoka County Highway right-of-way Plat No. 11 = 273,467 Square Feet or 6.28 acres Area of Wetland (within Tract A excepting Anoka County Highway right-of-way Plat No. 11) = 104,981 Square Feet or 2.41 acres Area of Upland (within Tract A excepting Anoka County Highway right-of-way Plat No. 11) = 168,486 Square Feet or 3.87 acres Total Area of Proposed Tract B = 1,308,600 Square Feet or 30.04 acres Total Area of Proposed Right of Way Easement = 18,609 Square Feet or 0.43 acres K:\021398-000\Survey\Drawing\Exhibits\021398-000-V-LOT SPLIT-6510 12TH AVE.dwg, 8/23/2023 1:59:32 PM77 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: January 22, 2024 TOPIC: Consider 1st Reading of Ordinance No. 03-24, Zoning Ordinance Text Amendment-Renumeration and Codification VOTE REQUIRED: 3/5 ______________________________________________________________________________ INTRODUCTION The City is renumbering and codifying the zoning ordinance. BACKGROUND Ordinance No. 08-22 amending City Code Chapter 1007: Zoning Code was adopted in November 2022 and went into effect in January 2023. The City is incorporating the zoning code into the City’s online version Code of Ordinances published by American Legal Publishing. As part of the codification and to make the code easier to read, some section numbers of the zoning code are being renumbered. The content of the zoning code is not changing. RECOMMENDATION The Planning & Zoning Board held a public hearing on January 10, 2024. There were no public comments. The Board voted 7-0 in favor of the proposed ordinance amendments. Staff recommends approval of the 1st reading of Ordinance No. 03-24. ATTACHMENTS 1.Ordinance No. 03-24 78 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 03-24 ORDINANCE AMENDING CITY CODE CHAPTER 1007 RELATED TO RENUMERATION AND CODIFICATION The City Council of Lino Lakes ordains: Section 1. Findings of Fact. 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: CURRENT CITY CODE CHAPTER 1007 AMENDED CITY CODE CHAPTER 1007 §1007.000 TITLE AND APPLICATION 1007.000 Title and application §1007.001 RULES AND DEFINITIONS 1007.001 Rules and definitions §1007.015 AMENDMENTS: TEXT AND MAP.1007.015 Amendments: text and map. §1007.016 CONDITIONAL USE PERMITS 1007.016 Conditional use permits §1007.017 INTERIM USE PERMITS 1007.017 Interim use permits §1007.018 VARIANCES AND APPEALS.1007.018 Variances and appeals. §1007.019 ADMINISTRATION: ADMINISTRATIVE PERMITS AND APPROVALS. 1007.019 Administration: administrative permits and approvals. §1007.020 SITE AND BUILDING PLAN REVIEW 1007.020 Site and building plan review §1007.021 DUTIES OF CITY STAFF.1007.021 Duties of city staff. §1007.022 CERTIFICATE OF OCCUPANCY 1007.022 Certificate of occupancy §1007.023 ENFORCEMENT AND PENALTIES 1007.023 Enforcement and penalties §1007.024 PLANNED UNIT DEVELOPMENT (PUD) 1007.024 Planned unit development (PUD) §1007.025 ENVIRONMENTAL REVIEW 1007.025 Environmental review §1007.040 PURPOSE 1007.040 Purpose §1007.041 NON-CONFORMING USES AND STRUCTURES 1007.041 Non-conforming uses and structures §1007.042 GENERAL PARCEL, LOT AND YARD PROVISIONS 1007.042 General parcel, lot and yard provisions Attachment 1: Ordinance No. 03-24 79 2 §1007.043 GENERAL BUILDING AND USE PROVISIONS 1007.043 General building and use provisions §1007.044 OFF-STREET PARKING 1007.044 Accessory buildings, structures and uses §1007.045 OFF-STREET LOADING SPACES 1007.045 Refuse and recycling §1007.046 PRIVATE STREETS 1007.046 Outdoor lighting §1007.047 RELOCATED STRUCTURES 1007.047 Environmental Provisions §1007.048 HOME OCCUPATION PERMITS 1007.048 Outdoor storage §1007.049 ACCESSORY APARTMENTS 1007.049 Screening, landscaping, buffer yards and tree preservation §1007.050 DRAINAGE 1007.050 Fences and retaining walls §1007.051 EARTH MOVING AND LAND RECLAMATION 1007.051 Submission of permit and site plan §1007.052 FARMING OPERATIONS 1007.052 Off-street parking §1007.053 ADULT USES 1007.053 Off-street loading spaces §1007.054 ANTENNAS 1007.054 Private streets §1007.055 ACCESSORY OUTDOOR DINING AREAS 1007.055 Relocated structures §1007.056 BATCH PLANTS 1007.056 Home occupation permits §1007.057 OPT OUT OF MINN. STAT. 462.3593 1007.057 Accessory apartments §1007.058 COMMERCIAL STABLES 1007.058 Drainage §1007.059 AGRITOURISM 1007.059 Earth moving and land reclamation §1007.060 WIND ENERGY CONVERSION SYSTEM (WECS) 1007.060 Farming operations §1007.061 SOLAR ENERGY SYSTEM 1007.061 Adult uses §1007.062 MODEL HOMES WITH TEMPORARY REAL ESTATE OFFICES 1007.062 Antennas §1007.063 TEMPORARY STRUCTURES 1007.063 Accessory outdoor dining areas §1007.064 MOTOR FUEL STATIONS 1007.064 Batch plants §1007.065 AIR PARK HANGAR AND ACCESS PERFORMANCE STANDARDS 1007.065 Opt out of Minn. Stat. 462.3593 §1007.066 RURAL CLUSTER DEVELOPMENT. 1007.066 Commercial stables 1007.067 Agritourism 1007.068 Wind energy conversion system 80 3 (WECS) 1007.069 Solar energy systems 1007.070 Model homes with temporary real estate offices 1007.071 Temporary structures 1007.072 Motor fuel stations 1007.073 Air park hangar and access performance standards 1007.074 Rural cluster development §1007.070 GENERAL ZONING DISTRICT PROVISIONS 1007.090 General zoning district provisions §1007.080 R, RURAL DISTRICT 1007.100 R, Rural District §1007.081 R-X, RURAL EXECUTIVE DISTRICT 1007.101 R-X, Rural Executive District §1007.090 R-1, SINGLE FAMILY RESIDENTIAL DISTRICT 1007.110 R-1, Single Family Residential District §1007.091 R-1X, SINGLE FAMILY EXECUTIVE RESIDENTIAL DISTRICT. 1007.111 R-IX, Single Family Executive Residential District §1007.092 R-2, TWO FAMILY RESIDENTIAL DISTRICT 1007.112 R-2, Two Family Residential District §1007.093 R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT. 1007.113 R-3, Medium Density Residential district §1007.094 R-4, HIGH DENSITY RESIDENTIAL DISTRICT 1007.114 R-4, High Density Residential District §1007.095 R-5, HIGH DENSITY RESIDENTIAL AND BUSINESS DISTRICT. 1007.115 R-5, High Density Residential and Business District §1007.096 R-6, MANUFACTURED HOME PARK DISTRICT 1007.116 R-6, Manufactured Home Park District §1007.110 NB, NEIGHBORHOOD BUSINESS DISTRICT 1007.130 NB, Neighborhood Business District §1007.111 LB, LIMITED BUSINESS DISTRICT 1007.131 LB, Limited Business District §1007.112 GB, GENERAL BUSINESS DISTRICT 1007.132 GB, General Business District §1007.120 LI, LIGHT INDUSTRIAL DISTRICT 1007.140 LI, Light Industrial District §1007.121 GI, GENERAL INDUSTRIAL DISTRICT 1007.141 GI, General Industrial District §1007.122 BC, BUSINESS CAMPUS DISTRICT 1007.142 BC, Business Campus District §1007.130 PSP, PUBLIC AND SEMI-PUBLIC DISTRICT 1007.150 PSP, Public and Semi-Public District §1007.131 PUD, PLANNED UNIT DEVELOPMENT 1007.151 PUD, Planned Unit 81 4 DISTRICT Development Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of ________________, 2024. BY: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 82 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: January 22, 2024 TOPIC: Vacating Drainage & Utility Easement, 6049 Sargent Court North i.Consider 2nd Reading of Ordinance No. 01-24, Vacating Drainage & Utility Easement Lot 7, Block 1, Otter Bay *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii.Consider Resolution No. 24-08, Approving Summary Publication of Ordinance No. 01-24 VOTE REQUIRED: 4/5 _____________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration of the 2nd Reading of Ordinance No. 01-24, vacating Drainage and Utility easement, Lot 7, Block 1, Otter Bay. BACKGROUND 6049 Sargent Court North is a residential parcel owned by, Rebecca and Brian Teeters (Rebecca Morlando). The property owner submitted a land use application requesting the vacation, of a portion, of a drainage easement on their property. The drainage and utility easement was dedicated to the City of Lino Lakes with the 1987 Otter Bay plat. The easement is intended to perpetuate drainage across the parcel. The current owners would like to vacate a portion of the easement area where there is an existing concrete patio. The City doesn’t allow for patios and structures in drainage and utility easements and the current property owners would like to vacate the easement so their property is in compliance. The Drainage and Utility Easement Vacation Description Sketch prepared by Sambatck received on October 20, 2023 details the proposed drainage and utility area to be vacated where the existing patio is located. RECOMMENDATION 83 2 Staff is recommending approval of the 2nd Reading of Ordinance No. 01-24 Vacating Drainage & Utility Easements, Lot 7, Block 1, Otter Bay. ATTACHMENTS 1. Ordinance No. 01-24 2. Drainage and Utility Easement Vacation Description Sketch 3. Resolution 24-08 84 1 1st Reading: 1/8/2024 Publication: 2nd Reading: 1/22/2024 Effective: CITY OF LINO LAKES ORDINANCE NO. 01-24 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (6049 SARGENT COURT NORTH, LOT 7, BLOCK 1, OTTER BAY) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across that part of Lot 7, Block 1, OTTER BAY, Anoka County, Minnesota, described as follows: Commencing at the most easterly corner of said Lot 7; thence South 20 degrees 28 minutes 53 seconds West, assumed bearing along the southeasterly line of said Lot 7, 60.00 feet; thence North 76 degrees 08 minutes 33 seconds West, 98.00 feet; thence North 45 degrees 53 minutes 33 seconds West, 42.00 feet; thence North 00 degrees 53 minutes 33 seconds West, 50.00 feet; thence North 69 degrees 05 minutes 33 seconds West, 108.00 feet to the point of beginning of the land to be described; thence South 29 degrees 21 minutes 12 seconds West, 139.00 feet; thence South 49 degrees 18 minutes 27 seconds West, 23. 74 feet; thence North 34 degrees 15 minutes 25 seconds West, 50.28 feet; thence North 50 degrees 17 minutes 02 seconds East, 148.78 feet to the point of beginning and there terminating. 2. A public hearing was held on January 8, 2024 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 4. The Drainage and Utility Easement Vacation shall be recorded through Anoka County Recorder’s Office; and 85 2 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the Drainage and Utility Easement Vacation for Lot 7, Block 1, OTTER BAY. Adopted by the Lino Lakes City Council this 22nd day of January, 2024. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 86 87 CITY OF LINO LAKES RESOLUTION NO. 24-08 APPROVING A SUMMARY OF ORDINANCE NO. 01-24 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 01-24, vacating a drainage & utility easement on Lot 7, Block 1, Otter Bay; and WHEREAS, the City Council approved the first reading on January 8, 2024, and the second reading and final passage on January 22, 2024; and WHEREAS, Ordinance No. 01-24 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the City Council of the City of Lino Lakes this 22nd day of January, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Jolleen Chaika, City Clerk 88 ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 01-24 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT Section 1: Findings The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 7, Block 1, Otter Bay; and A public hearing was held on January 8, 2024 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon recording of the Drainage and Utility Easement Vacation. Passed by the Lino Lakes City Council on January 22, 2024. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. 89 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3D STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: January 22, 2024 TOPIC: Consider Resolution No. 24-09 Approving Site Improvement Performance Agreement, Culver’s Restaurant VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve the site improvement performance agreement for the Culver’s Restaurant. BACKGROUND The City reviewed a land use application site and building plan for a Culver’s Restaurant to be located at 7103 Otter Lake Road. The 1.24 acre site is located along in the northwest quadrant of Otter Lake Road and CSAH 14 (Main Street). The site is currently vacant commercial land. The plans for the Culver’s fast food restaurant include a 4,260 SF building with outdoor dining and a drive-through service. The proposed Culver’s Restaurant plan meets ordinance and performance standards and staff recommends approval of the project. RECOMMENDATION Staff is recommending the City Council approve Resolution 24-09 approving the site improvement performance agreement for the Culver’s Restaurant. ATTACHMENTS 1.Resolution No. 24-09 2.Project Location Map 3.Site Improvement Performance Agreement 90 CITY OF LINO LAKES RESOLUTION NO. 24-09 APPROVING SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH VORANDESOTO LLC (CULVER’S RESTAURANT) WHEREAS, the City has completed review of the site and building plans for Culver’s Restaurant; and WHEREAS, the legal description of the property is Lot 2, Block 1, Otter Crossing 2nd Addition; and WHEREAS, City Code Section 1007.020(5)(d) requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and VoranDeSoto, LLC is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 22nd day of January, 2024.. _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Jolleen Chaika, City Clerk 91 92 93 Culver’s Site Performance Agreement page 1 of 11 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2023, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and VoranDeSoto LLC, a Minnesota limited liability company (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 22nd day of January, 2024, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Lot 2, Block 1, Otter Crossing Second Addition, Anoka County, Minnesota. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The On-Site Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior 94 Culver’s Site Performance Agreement page 2 of 11 building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-Site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $ 18,800.00 2. Fences / Screen Structures $ 0.00 3. Trash Disposal Structures $22,561.00 4. Curbing / Islands / Delineators $ 41,240.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $35,400.00 6. Public Trails and / or Sidewalk $ 0.00 7. Private Trails and / or Sidewalk $ 11,200.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $ 86,190.00 9. Water mains / Hydrants / Sanitary Sewers $ 47,950.00 10. Landscaping $ 39,820.00 11. Site Grading $88,900.00 12. Erosion Control $6,870.00 Total Estimated Cost of Developer Improvements $398,931.00 Security Requirement (Total * 35%) $ 139,626.00 III. DEVELOPER FEES. A. Trunk Sanitary Sewer Connection Fees – Not Applicable The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge 95 Culver’s Site Performance Agreement page 3 of 11 The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,695.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,586.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees – Not Applicable The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,435.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,532.00 Per SAC Unit. C. Surface Water Management Area Charges – Not Applicable 96 Culver’s Site Performance Agreement page 4 of 11 The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. Acre Fee 1. Sanitary Sewer Trunk Unit Fee ($1,695/unit; 2.92 units/Acre) Paid 2. City Sewer Availability Fee ($1,586/SAC Unit) Due w/ Building Permit 3. Water Trunk Unit Fee ($2,435/unit; 2.92 units/Acre) Paid 4. City Water Availability Fee ($1,532/SAC Unit) Due w/ Building Permit 5. City Surface Water Management Fee (/Acre) Paid Total Estimated (Budget) Developer Fees $0.00 D. Metropolitan Council Environmental Services (MCES) Sewer Availability Charges (SAC) are in addition to the fees referenced above and shall be determined by MCES, and shall be paid with the Building Permit. IV. RECORD DRAWINGS. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. V. COMPLETION DATE. 97 Culver’s Site Performance Agreement page 5 of 11 If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. VI. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section VI.A above. VII. REIMBURSEMENT OF COSTS. 98 Culver’s Site Performance Agreement page 6 of 11 A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $1,500.00 2. Administration (Legal, Engineering, Planning and Contract Administration) $14,000.00 3. Negative Short Term Escrow Balance $0.00 Total Estimated (Budget) Costs for Escrow Account $15,500.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VIII. REMEDIES FOR BREACH. A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause 99 Culver’s Site Performance Agreement page 7 of 11 the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. IX. OCCUPATION OF PREMISES. The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. INSURANCE. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 100 Culver’s Site Performance Agreement page 8 of 11 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. XI. REIMBURSEMENT FOR LITIGATION EXPENSES. The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XII. VALIDITY. If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XIII. GENERAL. A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested) or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. 101 Culver’s Site Performance Agreement page 9 of 11 D. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIV. VIOLATIONS/BUILDING PERMITS. In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. 102 Culver’s Site Performance Agreement page 10 of 11 CITY OF LINO LAKES By _________________________ Mayor ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2024 by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2024 by Jolleen Chaika as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public 103 Culver’s Site Performance Agreement page 11 of 11 DEVELOPER By _________________________ [Name/Owner of Developer] STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2024, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 104