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HomeMy WebLinkAbout03-05-2018 Council Work Session PacketCITY COUNCIL WORK SESSION AGENDA CITY OF LINO LAKES Monday, March 5, 2018 Community Room 6:00 P.M. 1. Presentation regarding City of Roseville IT Services, Terre Heiser 2. 2040 Comprehensive Plan, Mixed Use Land Use Designation, Michael Grochala & Kendra Lindahl 3. 465 Ash Street Sewer Connection, Diane Hankee 4. West Shadow Roadway Reconstruction Project, Diane Hankee 5. Variance Process for Construction Activity, John Swenson 6. Code of Conduct and Social Media Policies, Jeff Karlson 7. Proposals for Civil Legal Services, Jeff Karlson 8. Allowance for Wider Driveways, Councilmember Stoesz 9. Public Works Facility Follow-up, Rick DeGardner 10. Rice Lake Elementary Playground Equipment Project Follow-up , Rick DeGardner 11. Nature’s Refuge Park Dedication, Rob Rafferty 12. Public Services Administrative Assistant Position, Councilmember Stoesz 13. Late Fees for Utility Billing, Jeff Karlson 14. Council Updates on Boards/Commissions, City Council 15. Monthly Progress Report, Jeff Karlson 16. Review Regular Agenda 17. Adjourn WS – Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: March 5, 2018 To: City Council From: Michael Grochala, Community Development Director Re: 2040 Comprehensive Plan – Mixed Use Districts Background At the February 5, City Council work session the City Council directed staff to modify the draft 2040 Land Use Plan to guide the Winter Property as Mixed Use. The development parameters provide for 50% of the property to be used for residential purposes at 4.0 to 5.9 units per acre and the balance of the land commercial consistent with the adjacent business campus designation to the south. Staff incorporated this change into the draft plan and discussed the mixed used districts with the Planning and Zoning board at their February 14, 2018 meeting. Based on discussions at both the City Council meeting and the Planning and Zoning board staff has prepared an overview of the Mixed Use districts, changes from last plan, individual district provisions and development review process. Attachments 1. Landform Memo dated March 2, 2018 Lino Lakes 2040 Comprehensive Plan Update City Council re: Mixed Use 1 March 5, 2018 Date: March 1, 2018 for the March 5, 2018 Meeting To: Lino Lakes City Council From: Kendra Lindahl, AICP Landform Professional Services Subject: Comprehensive Plan Update Land Use Plan, Mixed Use Classification Background At their February 14th meeting, the P&Z Board discussed the Mixed Use land use classification and how it is used in the Comprehensive Plan. They discussed the new detailed information proposed for each mixed use area to ensure that it better reflects the City vision and, specifically, when they might allow a single type of land use (e.g. all residential land uses or all commercial land uses). The Board noted that in some mixed use areas a single type of land use would be appropriate because of the surrounding land uses, which would function as a mixed use area. Staff and consultants are in the final stages of preparing a complete plan document after nearly one year of meetings with the P&Z Board, City Council, other City Boards and the public. The draft language attached to this packet reflects the Board discussion. Land Use Designation and Zoning Designation The Comprehensive Plan is the City Council’s vision for development in Lino Lakes. Although it is a physical plan, it is a reflection of the community's social and economic values. These values are translated into the type of land use the City desires and programs regarding economic development, housing, parks, transportation and other key areas. Planning for Land Use helps communities determine how to plan for investment in sewer, water, roads, parks, and other infrastructure. When evaluating how land will be used in the future, communities also consider housing needs, employment patterns, recreational space and commercial activities. Planning where different uses will go helps communities maximize efficient delivery of services to businesses and residents, which helps manage costs. Identifying land uses provides a guide to the City to tell them if a development is located on a parcel that is consistent with the infrastructure and city services provided to that area. When the City adopts the Future Land Use Plan, it provides general guidance to landowners about how the City expects the land to develop. The City Council must then adopt a Zoning Map and Zoning Ordinance standards to implement that plan. The following shows how the adopted 2030 Future Land Use Plan corresponds to the adopted Zoning Districts: Lino Lakes 2040 Comprehensive Plan Update City Council re: Mixed Use 2 March 5, 2018 Adopted 2030 Land Use Designation Adopted Zoning Designation Permanent Rural Density: 1 unit per 10 acres R (Rural) R-X (Rural Executive) Urban Reserve Density: 1 unit per 10 acres R (Rural) R-X (Rural Executive) R-BR (Rural Business Reserve) Low Density Residential Density: 1.6 to 3.9 units per acre R-1 (Single Family Residential) R-1X (Single Family Executive Residential) R-2 (Two Family Residential) Medium Density Residential Density: 4.0 to 5.9 units per acre R-2 (Two Family Residential) R-3 (Medium Density Residential) High Density Residential Density: 6.0 to 10.0 units per acre R-4 (High Density Residential) R-6 (Manufactured Home Park) Mixed Use Density: varies by district (see Table 3-4) Varies but will be rezoned to PUD (Planned Unit Development) with development Commercial NB (Neighborhood Business) LB (Limited Business) GB (General Business) Business Campus To Be Created Industrial LI (Light Industrial) GI (General Industrial) Civic and Institutional PSP (Public and Semi-Public) Parks and Open Space PSP (Public and Semi-Public) Private Airfield AZO (Airport Zoning Overlay) There are no new residential land use classifications proposed in the 2040 Future Land Use Plan, therefore, staff believes that the existing zoning districts are still appropriate. However, we are proposing the addition of a new Business Campus land use designation and the Council will need to establish a new district and standards. We recommend that the Council review all districts following adoption of the Lino Lakes 2040 Comprehensive Plan Update City Council re: Mixed Use 3 March 5, 2018 Comprehensive Plan to ensure that the development standards are consistent with Council goals as outlined in the Comprehensive Plan. Mixed Use Description The term “mixed use” is used in a variety of ways in local plans and ordinances. It is a commonly used land use designation in many cities and is a part of the current Lino Lakes Comprehensive Plan. Mixed use may mean that land uses not typically allowed together in single-use districts (such as residential and commercial) are permitted, or possibly required, in a single structure, on a single lot, or within a single development. In Lino Lakes’ plan, the mixed use district is used for flexibility where there are unique site characteristics or where the City anticipates that the market will demand a different type of development. Development may be mixed vertically, consisting of main floor commercial space with office or housing units located above, or development may be mixed horizontally on a particular site. Each area is unique, and will be planned to be compatible with the surrounding land uses. Flexibility to respond to the needs of a particular location will mean that one site may be developed entirely for a single use in certain areas if the city’s goals for the area are met. The land use plan says that mixed use areas shall be designed to incorporate more compact development and promote pedestrian activity, and to provide a “sense of place” within Lino Lakes by creating active and attractive developments with opportunities for interaction through successful design and site layout. Mixed use areas also address the city’s required goals for affordable and lifecycle housing. They are the only areas in the city allowing residential densities of eight units per acre or higher. Mixing residential and commercial uses in these areas will provide employment opportunities for residents, increase convenient access to retail opportunities, and especially serve the needs of senior and lower income residents who may reside in these areas. Mixed Use Sites The 2040 Future Land Use Plan identifies 11 areas for mixed use development. Table 3-4 of the draft plan lists each area along with the expected split between residential and commercial uses, and information about the city’s goals for each site. Nine of the mixed use areas are existing today on the adopted 2030 Future Land Use Plan. • One property (Waldoch Farms) was added to the 2040 Future Land Use Plan. It was identified as Mixed Use on the 2030 Full Build Out Future Land Use Map, but the phasing plan changes where requested by landowner. The P&Z Board recommended approval of the requested phasing change and it is now shown on the 2040 Future Land Use Plan. • One new mixed use area was added to the 2040 Future Land Use Plan at City Council direction. The Winter Property was discussed by the City Council on several occasions. At their February 5th meeting, the City Council directed staff to modify the criteria for development of the Winter property to designate it as mixed use. The new recommendation from the Council is shown on Table 3-4 in the draft land use chapter attachment. Lino Lakes 2040 Comprehensive Plan Update City Council re: Mixed Use 4 March 5, 2018 • The City approved a Comprehensive Plan Amend for the Watermark in 2016 to change the northwest 10 acres of the site to Mixed Use like the remainder the development. One additional area was identified in the Full Build Out Land Use Plan for development post-2040. • The location is near 80th Street West of I-35E and south of Hardwood Creek, in the northeastern part of the city. Due to the proposed interchange at I-35E/80th and the planned northerly by-pass, the area will experience significant impact that makes it less desirable for low density residential uses. Staff is recommending that the area be reclassified from Low Density Residential and Medium Density Residential to Mixed Use to allow a variety of housing and commercial uses that may be more compatible with transportation network improvements and the adjacent planned Business Campus land uses. The mixed use areas will often be developed as Planned Unit Developments (PUD), which are custom zoning districts with standards negotiated with the City and the developer. The City has a high level of discretion when reviewing a PUD. A PUD must be consistent with the City’s Comprehensive Plan. The City Council may impose reasonable requirements in a PUD not otherwise required if the City deems it necessary to promote the general health, safety and welfare of the community and surrounding area. The mixed use designation also offers benefits to developers by providing an opportunity for unique projects that might not fit into a standard land use designation and benefits the City by providing more specific land use standards for each area. A PUD allows the City Council to negotiate with the developer to require additional landscaping, higher quality architecture or similar improvements to meet the goals of the Comprehensive Plan. With standard zoning, if development proposal meets the standards outlined in the Zoning and Subdivision ordinances the Council must approve it. For example, if a parcel of land is guided Low Density and zoned R-1 (which is the largest land use category in the City), the City must approve the development proposal if it meets the R-1 district standards. The Council cannot require additional landscaping, higher quality architecture or similar improvements. Discussion The Council directed staff to update the 2030 Comprehensive Plan and work with the Planning & Zoning Board to draft the update. The Planning & Zoning Board recommended language to better define what is expected in each of the mixed use districts and add two new mixed use areas. 1. The Council should confirm retention of the 10 existing mixed use areas and the addition of the two new mixed use areas along I-35E. Next Steps • We expect to deliver the draft plan to the Planning & Zoning Board on approximately March 9th for discussion at the March 14th board meeting. The board should give any direction for changes to the draft prior to public comment. The Council will review the draft on April 2nd. • The open house to present the Draft 2040 Comprehensive Plan is scheduled for April 3rd. • The Public Hearing is scheduled for the May 9th P&Z Board meeting Lino Lakes 2040 Comprehensive Plan Update City Council re: Mixed Use 5 March 5, 2018 • The Council will review at that June 4th Work Session and is anticipated to approve for distribution at the June 11th meeting. Attachments: 1. Excerpts from the Draft Land Use Chapter 2. Adopted 2030 Land Use Plan Map with Mixed Use Areas noted 3. Adopted 2030 Full-Build Land Use Plan Map with Mixed Use Areas noted 4. Draft 2040 Land Use Plan Map with Mixed Use Areas noted 5. Draft 2040 Full-Build Land Use Plan Map with Mixed Use Areas noted 3-13 Figure 3-3: 2030 Future Land Use Map 1 2 3 4 5 6 7 Mixed Use Designation in adopted 2030 Plan and Draft 2040 Plan 3-12 Figure 3-2: Full Build Out Future Land Use Map 1 2 3 4 5 6 7 Mixed Use Designation in adopted 2030 Plan and Draft 2040 Plan Baldwin Lak e Rondeau Lake Bald Eagle Lake Wilkinson Lake Otter Lake Amel ia Lake Reshanau L akeRice Lake Centervil le Lake Marshan Lake George Watch Lake Peltier Lake Cedar L ake Li la c St 20th Ave S 456721 456749 456721 456749 456714 456754 456714 456723 456721 456721 456714456714 20th Ave 20th Ave §¨¦35E §¨¦35W ")153 ")140 ")84 ")84 M ai n S t Main St M ai n S t Ce dar St Hodgson Rd Lake Dr Elm St Birch St Birch St Lake Dr Sunset Ave Rondeau Lake Dr E As h St Oak Ln Apollo Dr 62nd St N As h St Rondeau Lake Rd W Cente rvi lle Rd Holl y Dr 4th Ave Holly Dr E Birch St 80th St E 64th St City of Blai ne City of Circle Pines City of Col umbus City of Hugo City of North O aksCity of Shoreview White Bear Township ´ Fig ure 3-2 2040 Fu ture L and U se Legend City of Centerville Permanent Rural Urb an Rese rve Low Den sity Reside ntia l Me dium De nsity Resid ential High Den sity Reside ntial Mixed Use Commercia l Business Campus Ind ustrial Civic a nd Institutional Parks an d O pen Space Private Airfield Open Water Right-of-Way Mu nicipal Bou ndary Parcels Stre ams 3,500 0 3,5001,750 Feet Date: 3/2/2 018 1 2 3 4 5 6 7 Mixed Use parcels added to 2040 Plan Mixed Use Designation in adopted 2030 Plan and Draft 2040 Plan Baldw in Lake Rondeau Lake Bald Eagle Lake Wilkinson Lake Otter Lake Amel ia Lake Reshanau LakeRice Lake Centerville Lake Marshan Lake George Watch Lake Peltier Lake Cedar Lake Li la c S t 20th Ave S 456721 456749 456754 456721 456749 456714 456754 456714 456723 456721 456721 456714456714 20 th Ave 20th Ave §¨¦35E §¨¦35W ")153 ")140 ")84 ")84 M ai n St Main St M ai n St Cedar St Hodgson Rd Lake Dr Elm St Birch St Birch St Lake Dr Sunset Ave Rondeau Lake Dr E As h St Oak Ln Apollo Dr 62nd St N As h St Rondeau Lake Rd W Cente rvi lle Rd Holl y Dr 4th Ave Holly Dr E Birch St 80th St E 64th St City of Blai ne City of Col umbus City of Hugo City of North Oak s White Bear Township ´ Fig ure 3-1 Ful l Build Out Land Use Legend City of Centerville Permanent Rural Low Den sity Reside ntia l Me dium De nsity Resid ential High Den sity Reside ntial Mixed Use Commercia l Business Campus Ind ustrial Civic a nd Institutional Parks an d O pen Space Private Airfield Open Water Right-of-Way Mu nicipal Bou ndary Parcels Stre ams 3,500 0 3,5001,750 Feet Date: 2/5/2 018 1 2 3 4 5 6 7 Mixed Use parcels added to 2040 Plan Mixed Use Designation in adopted 2030 Plan and Draft 2040 Plan 3-5 Figure 3-1. Full Build Land Use Baldw in Lake Rondeau Lake Bald Eagle Lake Wilkinson Lake Otter Lake Amel ia Lake Reshanau LakeRice Lake Centerville Lake Marshan Lake George Watch Lake Peltier Lake Cedar Lake Li la c S t 20th Ave S 456721 456749 456754 456721 456749 456714 456754 456714 456723 456721 456721 456714456714 20th Ave 20th Ave §¨¦35E §¨¦35W ")153 ")140 ")84 ")84 M ai n St Main St M ai n S t Cedar St Hodgson Rd Lake Dr Elm St Birch St Birc h St Lake Dr Sunset Ave Rondeau Lake Dr E As h St Oak Ln Apollo Dr 62nd St N Ash St Rondeau Lake Rd W Centervi ll e Rd Holl y Dr 4th Ave Holly Dr E Birch St 80th St E 64th St City of Blaine City of Columbus City of Hugo City of North Oaks White Bear Township ´ Fig ure 3-1 Full Build O ut Land Use Legend City of Centerville Permanent Rural Low Den sity Reside ntia l Me dium De nsity Resid ential High Den sity Reside ntial Mixed Use Commercia l Business Campus Ind ustrial Civic a nd Institutional Parks an d O pen Space Private Airfield Open Water Right-of-Way Mu nicipal Bou ndary Parcels Stre ams 3,500 0 3,5001,750 Feet Date: 2/5/2 018 DRAFT Mar02-18 for review only 3-6 Figure 3-2. 2040 Future Land Use Baldwin Lak e Rondeau Lake Bald Eagle Lake Wilkinson Lake Otter Lake Amel ia Lake Reshana u LakeRice Lake Centervil le Lake Marshan Lake George Watch Lake Peltier Lake Cedar Lake Li la c S t 20th Ave S 456721 456749 456721 456749 456714 456754 456714 456723 456721 456721 456714456714 20th Ave 20th Ave §¨¦35E §¨¦35W ")153 ")140 ")84 ")84 M ai n St Main St M ai n S t Cedar St Hodgson Rd Lake Dr Elm St Birch St Birc h St Lake Dr Sunset Ave Rondeau Lake Dr E Ash St Oak Ln Apollo Dr 62nd St N Ash St Rondeau Lake Rd W Cente rvi lle Rd Holl y Dr 4th Ave Holly Dr E Birch St 80th St E 64th St City of Blai ne City of Circle Pines City of Columbus City of Hugo City of North OaksCity of Shoreview White Bear Township ´ Fig ure 3-2 2040 Fu ture L an d U se Legend City of Centerville Permanent Rural Urb an Rese rve Low Den sity Reside ntia l Me dium De nsity Resid ential High Den sity Reside ntial Mixed Use Commercia l Business Campus Ind ustrial Civic a nd Institutional Parks an d O pen Space Private Airfield Open Water Right-of-Way Mu nicipal Bou ndary Parcels Stre ams 3,500 0 3,5001,750 Feet Date: 3/2/2 018 DRAFT Mar02-18 for review only Lino Lakes Comprehensive Plan Update Chapter 3: Land Use 3-9 Allowing for higher density on suitable areas of a site will increase the financial feasibility of preserving sensitive areas, and allow for more creative site plans that incorporate natural areas into the site planning process. Standards for development in environmentally sensitive areas will require additional environmental protection measures to reduce stormwater runoff and other environmental impacts of more intense development, as defined in the Resource Management System Plan. High Density Residential The 2040 Land Use Plan identifies xx net acres of high density residential uses, or xx% of the city’s total land area (net of wetlands and water bodies). The purpose of this land use category is to accommodate residential development at a density of 6.0 to 10.0 units per acre served by municipal sewer and water. These areas can also serve as a transition between lower and higher intensity uses, such as commercial areas or higher volume roadways. As with medium density residential areas, several high density areas were identified to provide for development flexibility in environmentally sensitive areas. Mixed Use The Land Use Plan identifies xx net acres for mixed use development, which accounts for xx% of the city’s total land area (net of wetlands and water bodies). This use is intended to allow for a mix of residential, retail, and office uses. Development may be mixed vertically, consisting of main floor commercial space with office or housing units located above, or development may be mixed horizontally on a particular site. Each mixed use area is unique, and will be planned to be compatible with the surrounding land uses. Mixed use areas shall be designed to incorporate more compact development and promote pedestrian activity. These projects will support pedestrian least every 10 years as part of the Comprehensive Plan Update. Therefore a portion of Urban Reserve could be staged for urban development in another 10 years. An Urban Reserve allows Lino Lakes to study the rate of growth over the next 10 years and better understand the type of land use and rate of growth that will occur in this area. Residential Land Uses Residential uses will account for approximately 30% of the total 2040 developed land area (net of wetlands and water) in Lino Lakes in 2040. Detailed descriptions of each residential land use category are included below, along with the rationale for locating these uses. Low Density Residential The city’s predominant future residential land use is low density residential. The 2040 Land Use Plan identifies xx acres of low density residential, or xx% of the total land area (net of wetlands and water bodies). This land use category provides for housing at densities of 1.6 to 3.9 units per net acre that is served by municipal sewer and water service. Efforts were made to locate these areas to avoid conflict with more intense land uses, including commercial and industrial areas, high density housing, and high traffic volume roadways. Low impact development will be required in accordance with the Resource Management Plan in environmentally sensitive areas within the Low Density Residential designation. Medium Density Residential The city’s 2040 Land Use Plan identifies xx net acres for medium density residential development, or xx% of the city’s total land area (net of wetlands and water bodies). This land use category will accommodate medium density residential development at densities of 4.0 to 5.9 units per net acre served by municipal sewer and water. These areas can serve as a transition between lower and higher intensity uses. Development in these areas should consider neighboring uses, and efforts should be made to provide for smooth transitions between medium and low density areas. Several medium density residential areas were also located on sites with environmentally sensitive areas. This provides for increased flexibility for development in these areas. DRAFT Mar02-18 for review only Lino Lakes Comprehensive Plan Update Chapter 3: Land Use 3-10 gateways into the city. Design and landscape standards will be developed for these areas to ensure that development is attractive and promotes a positive community image. This addresses the community’s goal to promote a unified community identity and its related strategy to create and strengthen the appearance of the city’s gateways. The mix of commercial and residential uses will vary for each site, as will the residential density, as shown below in Table 3-4. It is important to note that the information provided in the table is preliminary, and is intended to serve as a guide for future decision-making. As plans for specific mixed use areas are refined, suggested density, total units, and the residential/commercial split may be revised. To best serve the community’s changing needs, flexibility in these areas is essential. However, developments with a single land use will activity through pedestrian friendly design, and by providing connections to existing and future pedestrian and transit facilities. These future mixed use areas have the opportunity to become the city’s gathering space and the design may incorporate public spaces and amenities. Architecture and landscaping are important aspects of mixed use developments, as this type of development is typically oriented to accommodate both pedestrians and vehicles. By providing walkable mixed use areas, stress on the transportation system is reduced. Mixed use areas can also provide a “sense of place” within Lino Lakes by creating active and attractive developments with opportunities for interaction through successful design and site layout. Mixed use areas address the city’s goals for affordable and lifecycle housing, because the majority of mixed use sites incorporate residential areas at densities of eight units per acre or more. Mixing residential and commercial uses in these areas will increase convenient access to retail opportunities, and especially serve the needs of senior and lower income residents who may reside in these areas. The most successful mixed use area developed in Lino Lakes is the Legacy at Woods Edge development, located at the southeast quadrant of I-35W and Lake Drive. The area includes the city hall complex, YMCA, commercial development and rental and owner-occupied housing serving seniors and other age groups, in a pedestrian-friendly environment with access to major open spaces. While the residential portion of this development is largely complete, some commercial sites remain to be developed and will be guided by the master plan for the area. While the role of this area is unique, it serves as an example of the quality and vibrancy that is encouraged for the mixed use development areas. The plan identifies twelve mixed use sites. Many of these vibrant developments along major roadways or key intersections and will serve as Lino Lakes Master Plan Town Center only be allowed where specifically permitted in the table. In all other mixed use areas, a single land use development will require a comprehensive plan amendment from mixed use to the appropriate land use. DRAFT Mar02-18 for review only Lino Lakes Comprehensive Plan Update Chapter 3: Land Use 3-11 Table 3-4. Mixed Use Site Characteristics and Planning Guidance Planning District Mixed Use Area Approximate Land Area (Acres) Utility Staging Plan Approximate Residential/ Commercial Split Density Range (units/acre)Mixed Use Vision 1 Hodgson Road (CSAH 49) & County Road J (Ash Street)36 1A 50/50 8 to 15 • The area shall be developed consistent with the vision of “The “Hodgson Road & CR J Master Planning Study” that was approved by the City Council in 2007. • The plan establishes a general land use design, but does not mandate the exact site layout or specific uses of individual parcels. • The design of individual development projects must accommodate the infrastructure needs for the larger study area. • Future amendments of the Plan may be appropriate to address evolving community needs and regulatory requirements. Chapter 5, Economic Development, identifies this as an opportunity area and further describes the master plan. 2 Robinson Farm / Main Street & 2nd Avenue 29 1A / 2A 75/25 8 to 15 • This area is envisioned as a development node at a future, full-access intersection on Main Street. • This area offers the opportunity for large scale planning that can include environmental resource management that would not be possible with piecemeal development. • The site may include a wide variety of housing and commercial uses. • Higher intensity uses would be created closer to the intersection and the higher traffic roads. 2 Lake Drive / Main Street 23 1A 75/25 8 to 15 • This area includes the northwest and southeast corners of the intersection of two arterial roads. This intersection should be the focus of a special planning study to establish a master plan for development and redevelopment. • The goal of the study would be a plan to facilitate economically viable redevelopment, needed transportation improvements, and sound access management. • Single land use (e.g. all residential or all commercial) developments may be considered within this mixed use area. 2 Lake Drive and Vicky Lane 5 1A 75/25 8 to 15 • This area comprises one vacant parcel of approximately five acres. • Access to Lake Drive is a concern. • The site could serve as a good site for multi-family residences. • Existing residences all around this site will be an important planning consideration. • Single land use (e.g. all residential or all commercial) developments may be considered within this mixed use area. 2 Lake Drive / 77th Avenue 3 1A 75/25 8 to 15 • This site has been fully developed for senior housing. DRAFT Mar02-18 for review only Lino Lakes Comprehensive Plan Update Chapter 3: Land Use 3-12 Table 3-4. Mixed Use Site Characteristics and Planning Guidance Planning District Mixed Use Area Approximate Land Area (Acres) Utility Staging Plan Approximate Residential/ Commercial Split Density Range (units/acre)Mixed Use Vision 2 Lino Lakes Town Center / Legacy at Woods Edge 66 1A 50/50 10 to 24 • This area is a mixture of commercial, medium and high density residential, and public land uses in an attractive and cohesive design. City hall, a YMCA, and a community green emphasize the community focus. • Development will comply with the adopted “Design and Development Guide” • Chapter 5, Economic Development, identifies this as an opportunity area and further describes the plan. 2 Waldoch Farms 37 2B 80/20 8 to 15 • This site on the east side of Lake Drive is suitable for continued commercial use, with the possibility of higher density residential uses in the southern and eastern parts of the site. • Access on Lake Drive will be limited to a single location. • Single land use (e.g. all residential or all commercial) developments may be considered within this mixed use area. 3 Centerville Road / Birch Street 40 2A 80/20 8 to 15 • This site may be developed for higher density housing as well as complementary commercial uses. • The future development of the southeast corner as the city’s recreation complex will increase demand for some neighborhood or community scale commercial uses near the large park. • Proper access management at this intersection of two county roads calls for careful consideration of driveway locations. • There is the expectation that there will be many pedestrians and bicyclists in the area of the athletic complex, many of them children. • Wetlands, a county ditch, and floodplain are additional development considerations. 3 Watermark Site (formerly known as Hard- wood Creek), One Quarter Mile North of Main Street, between I-35E and CSAH 21 (20th Avenue) 372 1A / 1B 80/20 3 to 4.5 • A mix of both commercial and residential uses are allowed on this site, with no less than 2/3 of the residential areas reserved for low density residential development. • A master planned residential community with a mix of residential types including 706 single family lots and 165 townhome units totaling 871 housing units has been approved on the site. • The site will incorporate significant open space and water features. • This site is included in the I-35E Corridor Alternative Urban Areawide Review (AUAR) environmental analysis. Development must comply with the mitigation plan that forms a part of the AUAR, which includes the Conservation Development Framework as the fundamental precept for all development within the AUAR area. • Single land use (e.g. all residential or all commercial) developments may be considered within this mixed use area. DRAFT Mar02-18 for review only Lino Lakes Comprehensive Plan Update Chapter 3: Land Use 3-13 Table 3-4. Mixed Use Site Characteristics and Planning Guidance Planning District Mixed Use Area Approximate Land Area (Acres) Utility Staging Plan Approximate Residential/ Commercial Split Density Range (units/acre)Mixed Use Vision 4 Centerville Road / County Road J (Ash Street)24 1A 60/40 8 to 15 • The site is expected to develop as an extension of the mixed use multi-family and commercial development south of the municipal boundary, in the City of North Oaks. • Commercial development in White Bear Township fronts County Road J (Ash Street) all the way to the freeway. • Sanitary sewer service will be through a joint powers agreement with White Bear Township. Municipal water will be provided from White Bear Township into the future until development progresses far enough north to allow connection to the Lino Lakes system. • Any development design must include careful consideration to water quality and potential impacts on Wilkinson Lake, a small Natural Environment Lake. 5 Winter Property 139 1A 50/50 4 to 5.9 • The mixed use classification allows flexibility to allow some residential use, particularly in the northern portion of the site where development is limited by an extensive wetland complex occupying more than a third of the property. • The wetlands, which will be incorporated into the city’s greenway system, will be an amenity for new housing as well as a good transition to planned industrial uses to the north. • The southwestern part of the site, which has greater visibility and fewer development constraints, may be developed for uses compatible with the business campus area to the south. • A master plan for the site should demonstrate compatibility among uses and an integrated pedestrian network that encourages residents and workers to access the greenway and creates opportunities to walk to work and to businesses offering goods and services in the surrounding areas. • This site is included in the I-35E Corridor Alternative Urban Areawide Review (AUAR) environmental analysis. Development must comply with the mitigation plan that forms a part of the AUAR, which includes the Conservation Development Framework as the fundamental precept for all development within the AUAR area. 5 80th Street West of I 35-E and south of Hardwood Creek 90 3 50/50 8 to 15 • This is intended to allow uses compatible with the future development of the area to the north and east as a Business Campus district, which is tied to future freeway interchanges. • This site is included in the I-35E Corridor Alternative Urban Areawide Review (AUAR) environmental analysis. DRAFT Mar02-18 for review only Comprehensive Plan Update 2040 City Council March 5, 2018 Background •In April 2017, the City of Lino Lakes kicked off the 2040 Comprehensive Plan update with a joint Council/Board workshop •The feedback from the Council was that things were generally going well, this should be an update and no major changes were planned •The Council directed the P&Z to be the working group for the update with regular council check-ins •There were two open house/outreach meetings for the public •The Comprehensive Plan is the vision for how the City will develop •It provides general land use guidance •The Zoning Map and Zoning Ordinance are the primary tools to implement the Comprehensive Plan vision Land Use to Zoning Land Use Designation Adopted Zoning Designation Permanent Rural Density: 1 unit per 10 acres R (Rural) R-X (Rural Executive) Urban Reserve Density: 1 unit per 10 acres R (Rural) R-X (Rural Executive) R-BR (Rural Business Reserve) Low Density Residential Density: 1.6 to 3.9 units per acre R-1 (Single Family Residential) R-1X (Single Family Executive Residential) R-2 (Two Family Residential) Medium Density Residential Density: 4.0 to 5.9 units per acre R-2 (Two Family Residential) R-3 (Medium Density Residential) High Density Residential Density: 6.0 to 10.0 units per acre R-4 (High Density Residential) R-6 (Manufactured Home Park) Mixed Use Density: varies by district (see Table 3-4) Varies but will be rezoned to PUD (Planned Unit Development) with development Commercial NB (Neighborhood Business) LB (Limited Business) GB (General Business) Business Campus To Be Created Industrial LI (Light Industrial) GI (General Industrial) Civic and Institutional PSP (Public and Semi-Public) Parks and Open Space PSP (Public and Semi-Public) Private Airfield AZO (Airport Zoning Overlay) Limited changes proposed Mixed Use Land Use Classification •Each Mixed Use Area is unique •The Draft 2040 Comprehensive Plan expands the description of each mixed use area to describe what the City expects •It may mean a mix of land uses in the district/development (different residential types or a mix of commercial and residential) •It may mean a mix of land uses in a single structure (such as commercial and residential) •May be horizontal or vertical mixed use •Helps the City meet its affordable housing goals (8+ units per acre) •Our plan is designed for flexibility •PUDs are negotiated zoning districts that give the Council a very high level of discretion when reviewing proposals •The Council has limited discretion under standard zoning –if it complies with the ordinance standards the Council must approve Mixed Use Land Use Classification •The adopted 2030 Future Land Use Plan included a Mixed Use Land Use Classification •The draft 2040 Comprehensive Plan retains these Mixed Use areas and adds two on the east side of town and brings one from Full Build into the 2040 Plan •Reflects 2016 LUGPA Mixed Use Land Use Classification •The 2040 Future Land Use Plan identifies 11 areas for mixed use development. Table 3-4 of the draft plan lists each area along with the expected split between residential and commercial uses, and information about the city’s goals for each site. •Nine of the mixed use areas are existing today on the adopted 2030 Future Land Use Plan. •One property (Waldoch Farms) was added to the 2040 Future Land Use Plan. It was identified as Mixed Use on the 2030 Full Build Out Future Land Use Map, but the phasing plan changes where requested by landowner. •One new mixed use area was added to the 2040 Future Land Use Plan at City Council direction. The Winter Property was discussed by the City Council on several occasions. At their February 5th meeting, the City Council directed staff to modify the criteria for development of the Winter property to designate it as mixed use.. •The City approved a Comprehensive Plan Amend for the Watermark in 2016 to change the northwest 10 acres of the site to Mixed Use like the remainder the development. •One additional area was identified in the Full Build Out Land Use Plan for development post-2040. •The location is near 80th Street West of I-35E and south of Hardwood Creek, in the northeastern part of the city. Due to the proposed interchange at I-35E/80th and the planned northerly by-pass, the area will experience significant impact that makes it less desirable for low density residential uses. Staff is recommending that the area be reclassified from Low Density Residential and Medium Density Residential to Mixed Use to allow a variety of housing and commercial uses that may be more compatible with transportation network improvements and the adjacent planned Business Campus land uses. Land Use Comparison 2030 Future Land Use 2040 Future Land Use Full Build Land Use Comparison 2030 Full Build Out Land Use 2040 Full Build Out Land Use Next Steps •Draft 2040 Comprehensive Plan presented at March 14th P & Z meeting •Draft 2040 Comprehensive Plan presented at April 2nd Council meeting •OPEN HOUSE –TUESDAY, APRIL 3RD (6:30 –8:30 pm) •Public Hearing at May 9th P&Z meeting •Approve for Distribution at June 11th Council meeting •Early 2019 review from Metropolitan Council and Adoption •Review of City Ordinances for Implementation Discussion •The Council should confirm the 10 existing mixed use areas and the two new proposed mixed use areas (Winters and I-35E/80th) WS – Item 3 WORK SESSION STAFF REPORT Work Session Item No. 3 Date: March 5, 2018 To: City Council From: Diane Hankee PE, City Engineer Re: 465 Ash Street Municipal Utility Connection Background The property owner of 465 Ash Street, Lino Lakes, MN has requested to connect to the City of Shoreview’s municipal utilities. They recently purchased the property which has an existing home on it, and they are planning on constructing an addition. The home is required to have a compliant septic system and they system needs to be upgraded to accommodate the proposed addition. The property owner prefers to connect to municipal utilities and feels it is more cost effective than an onsite septic. The City of Lino Lakes does not currently have municipal utilities available along the 400 block of Ash Street. The closest Lino Lakes municipal utilities are located within Ware Road. Enclosed property map. Ash Street (CSAH 32) is a border road with the City of Shoreview and under the jurisdiction of Anoka County and Ramsey County. The City of Shoreview has municipal utilities along the south side of the roadway. The City of Lino Lakes Comprehensive Plan future land use has the area including 465 Ash Street is guided as low density residential. This area is within Stage 2 of the utility staging plan. There are two parcels next to 465 Ash Street that also contain significant wetlands and are not likely going to be developed with municipal utilities. These parcels are 415 Ash Street and 435 Ash Street. Serving these three parcels with municipal utilities through the City of Shoreview has been reviewed. If service is requested prior to Lino Lakes system being in place, then they would be best served through Shoreview. The proposed utility connection would require the property be changed to Stage 1 of the City of Lino Lakes utility staging. Staff is evaluating if a Comprehensive Plan Amendment is required. Staff is working to expedite the process however a Comprehensive Plan Amendment could take up to 3 months. In working with the City of Shoreview staff, it was communicated that they would allow the connection if an agreement was in place with the following stipulations: • Residential connections to Shoreview’s sanitary sewer system exposes them to sewage backup claims and I & I via illegal (in Shoreview) sump pump and foundation drain discharges. Shoreview staff does not have (or want) authority to do these types of inspections or enforcement outside of our corporate limits; the agreement should stipulate how that would be addressed. The only potential incentive to Shoreview for adding sewer accounts outside of their boundary would be to reduce the number of questionable, poorly maintained or failing septic systems in the general area. • Any new water service locations would need to use Shoreview-spec radio read meters (Badger/Orion) so that they could collect the data and use it for the basis of billing. Lino Lakes would have to be willing to investigate and maintain these meters in the event of reading errors. • Shoreview would generate utility bills for service locations that identify the City of Lino Lakes as the customer. They specifically do not want to establish utility accounts and/or customer service relationships with individual residents outside of our community. • Properties connected to Shoreview's Municipal Water Supply are required to observe our water use restrictions, currently odd/even with a mid-day ban. In the event that these are violated, the City of Lino Lakes would be required to enforce on our behalf. Requested Council Direction Staff is requesting Council Direction to pursue municipal utility service. Attachments 1. Property Map 465 Ash Street Legend Address Labels Wetlands Sewer Manholes Sewer Network Structures Lift Station Flow Meter Plug Sewer Pressurized Mains Active Abandoned Sewer Gravity Mains MCES Liftstation MCES Meter MCES Interceptor Water Hydrants Water Curb Stop Valves Water System Valves Water Network Structures Enclosed Storage Facility Meter Station Production W ell Water Fittings Reducer Reducing Cross Tee Water Mains February 28, 2018 Map Powered by DataLink from WSB & Associates 1 in = 376 ft ± WS – Item #4 WORK SESSION STAFF REPORT Work Session Item No. 4 Date: March 5, 2018 To: City Council From: Diane Hankee, PE, City Engineer Re: West Shadow Roadway Reconstruction Project Background Culvert between Reshanau Lake and Rice Lake As part of the West Shadow Lake Drive Roadway Reconstruction project, the culvert under West Shadow Lake Drive, connecting Rice Lake and Reshanau Lake will need to be replaced. The culvert is an existing 48-inch arch sitting on top of saturated peat soils. City staff have noted over the years that the culvert is plugged with an unknown blockage. The project proposes to minimize future pipe heaving and roadway settling by excavating the peat soils, replace the culvert, and increase the culvert length in order to accommodate a wider roadway for public safety and mobility. During the preliminary design of the project, the City received a letter on September 1, 2017 from the residents along Reshanau Lake. The letter asked for consideration of alternative methods for controlling the connection between the two lakes with “the goal of allowing the same or more amount of water movement between the lakes, but restricting the elevation that Reshanau Lake should decline,” and proposed a type of damming device or multiple smaller pipes. City staff has met with and coordinated with the Rice Creek Watershed District (RCWD) and the Minnesota Department of Natural Resources regarding this project. Agency recommendations are to replace the culvert to the original design conditions to preserve the existing hydrologic connection between Rice Lake and Reshanau Lake. The City completed a lake level analysis using a HEC-RAS model. The model evaluated both the blocked condition (where three feet of the culvert’s 3.75-ft height is assumed blocked) and the original 1998 design conditions. The 2-, 10-, 100-year 24-hour design storms were evaluated, as well as the 100-year 10-day snowmelt event. Larger events, such as the 100-year flood, overtop West Shadow Lake Drive and floodwaters equalize between Reshanau Lake and Rice Lake. For smaller events, there is a more noticeable impact on lake level elevations for Reshanau Lake, increasing the peak elevation for a 2-year event by more than six inches. The blockage appears to mainly affect the timing of peak elevations in Reshanau Lake and extends the duration of higher than normal water surface elevations. Smaller, more frequent, events show a more dramatic difference in lake elevations with the blockage. The flows in the culvert are impacted by the culvert blockage, limiting the way water moves between Rice and Reshanau Lakes. Water from Rice Lake is unable to backflow into Reshanau Lake for small events. This also affects Reshanau Lake’s ability to return to “normal” lake levels following a storm event. Only during large flood events, when the roadway overtops, does the culvert begin to backflow. Reconstructing the culvert per the original culvert design verses a blocked condition will have some minor impacts on overall flood levels in Reshanau Lake by allowing flows to more freely equalize between Rice and Reshanau Lakes. Residents may notice more frequent lake level fluctuations in small events as the water is able to return to normal levels more readily. It is not advised to design the replacement culvert to mimic the blocked conditions due to Reshanau Lake’s role in absorbing flood flows from Rice Lake. Adding a backflow preventer device may have unintended consequences on downstream flood elevations and may adversely affect Reshanau Lake residents by increasing flood levels. Katy Thompson from WSB Engineering will be in attendance to present the model data. Temporary By-Pass Road through Golf Course & West Shadow Lake Drive Cul du Sac Preliminary layouts for the temporary by-pass road through Golf Course and the West Shadow Lake Drive cul du sac have been designed and reviewed by Anoka County, enclosed. The trail through the golf course, along Sandpiper Drive & West Shadow Lake Drive, and to the east is an Anoka County Regional trail. A cul du sac is being constructed at the end of West Shadow Lake Drive and as part of this improvement Anoka County would like to add parking stalls along the south side. The temporary by-pass road through Golf Course: a. The removal of spruces will be minimized. b. A 15’ wide paved temporary access will be constructed and function as a single lane with a pull off mid-way for cars that meet. c. The temporary access would remain at the end of the project, saving project costs by not having to reconstruct the trail. Requested Council Direction None at this time, project update. Attachments 1. Temporary by-pass road and West Shadow Lake Drive cul du sac Layouts Trail Parking stalls WS – Item #5 WORK SESSION STAFF REPORT Work Session Item 5 Date: March 5, 2018 To: City Council From: John Swenson, Public Safety Director Re: Variance Process for Construction Activity Background As part of the remodeling of the Target store located at 749 Apollo Dr., the Council approved a resolution on February 12, 2018 that allowed construction outside the hours outlined in City Ordinance 901.03 (4) b1. Council Member Stoesz requested staff to research and draft an ordinance that would provide for a variance process for construction activity. Attached is a draft ordinance that was developed for Council discussion. Staff is seeking Council direction regarding this draft. Attachments DRAFT City Ordinance regarding Construction Activity 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. __-18 ORDINANCE AMENDING CHAPTER 901, SECTION 901.03 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO PUBLIC NUISANCES AFFECTING PEACE AND SAFETY, BY ADDING A NEW SUBDIVISION IN REGARD TO A VARIANCE PROCESS The City Council of the City of Lino Lakes, Minnesota, does ordain: Section 1. That Section 901.03, Subdivision 4 (b) be amended by adding the following: 3. Variances. The city council shall have authority, consistent with this section, to grant variances from the construction activity limitations in Section 901.03, subd. 4 (b). Every application for a variance shall be made to the department on forms supplied by the city and shall state the applicant's name and address, the name and address of the business, if different, dates during which the variance is requested, location of all particular noise sources and times of operation, nature of noise sources and equipment involved, reasons why a variance is sought, steps taken to minimize the noise level, a noise impact statement, if required by the department. A fee, in the amount specified in the ordinance establishing fees and charges, shall be paid to the city along with the completed application form. Notice: The department shall notify by mail all property owners within three hundred (300) feet of the sources of noise for which a variance is requested, measured from the property lines of particular noise sources. The notice shall include a statement describing the variance request, the date of the public hearing before the city council on the variance request, and a statement that written comments or objections may be filed with the department within fifteen (15) days of the notice. Action. Within thirty (30) days of receipt of the application, the city council shall hold a public hearing on the application. After a public hearing, the council may by resolution grant, deny, modify or revoke the variance request. The variance may be granted or modified only if the council finds that full compliance with the requirements of this chapter would constitute an unreasonable hardship on the applicant, on other persons, or on the community. The council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including restricting the hours of operation of the noise source, a time limit for duration of the variance, or attempts the applicant shall make to bring the noise source into compliance with this chapter. If a variance is granted, the applicant may be required to pay the city's cost of monitoring sound levels and compliance with other conditions. Emergency variances, in which immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from imminent exposure to danger, may not be restricted in hours of operation, and may supply the information stated in the application in paragraph (b) after the work has begun. Adopted by the Lino Lakes City Council this ____ day of __________________, 2018. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk WS – Item 6 WORK SESSION STAFF REPORT Work Session Item No. 6 Date: March 5, 2018 To: City Council From: Jeff Karlson, City Administrator Re: Code of Conduct Policy & Social Media Policy Background Attached is the Code of Conduct, with a few minor revisions, and a completely revised Social Media Policy that would apply to employees, councilmembers, and other City representatives. The Code of Conduct provides that following each municipal election, the new council shall adopt the Code of Conduct by resolution. The City Council reviewed the Code of Conduct during the December 4, 2017, work session. There was general agreement that the policy language was fine, but it was suggested that a social media component should be added. The attached Social Media Policy was drafted using the model policy from the League of Minnesota Cities. It would replace the City’s current policy that was created in 2013. Requested Council Direction Consider placing both policies on the March 12th Council agenda for approval. Attachments Revised Council Code of Conduct Resolution 18-22, Approving Code of Conduct Draft Social Media Policy Lino Lakes City Council CODE OF CONDUCT Purpose The Lino Lakes City Council believes it is essential to provide standards of conduct for its members, as well as members of City boards and commissions. The City Council strives to earn the confidence of Lino Lakes’ citizens in their local government officials and to encourage residents to serve on the council and various commissions. Standards of Conduct No member of the City Council or a city board or commission may knowingly: 1. Direct city staff, contract employees, or consultants except as determined by majority vote of the City Council. 2. Utilize an inordinate amount of staff time. 3. Launch personal charges or verbal attacks upon the character or motives of other members of the City Council, boards, commissions, staff, or the public. 4. Use their position to improperly influence the deliberations or decisions of city staff, boards, or commissions. Advocacy – Councilmembers shall speak with one voice in representing the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state they do not represent the Council or the City. Improper Influence – Council members shall refrain from using their position to improperly influence the deliberations or decisions of city staff, boards, commissions, or committees. Positive Work Environment – Council members shall support a positive, efficient, and effective environment for residents, businesses, and city employees. Steward of City Funds – When a council member’s service on the city council is coming to an end by means of not seeking re-election, resignation, or the results of an election, that councilmember shall not subject the City to unnecessary travel expenditures. Communication Sharing of Information – It is the responsibility of councilmembers to publicly share information with all other councilmembers when they receive it from sources outside of the public decision-making process. Whenever possible, new information or data obtained by councilmembers will be distributed through the city administrator to the other councilmembers. Focused Discussions – Councilmembers shall work to keep discussions and debates focused on the item under discussion without introducing extraneous or irrelevant information. Citizen Questions – Elected officials should refer questions and concerns from citizens to the city administrator or appropriate department director. City staff should report back to the City Council on the resolution. Confidential Information – Council members shall respect and preserve the confidentiality of non-public, protected non-public, private, and confidential information provided to them concerning matters of the city. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial, or private interests. Notice of Attendance – If a councilmember has knowledge or reason to believe there will be a large or emotionally-charged gathering of residents in attendance at an upcoming council meeting or work session, they have an obligation to inform the city administrator as soon as they become aware of the potential situation. Conflict of Interest – In order to assure their independence and impartiality on behalf of the public good, councilmembers or members of a board or commission shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable state law. Except as permitted by law, a councilmember or member of a board or commission must disclose a potential conflict of interest for the public record and refrain from participating in the discussion and vote when a matter comes before that person, which (1) affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession or occupation; or (2) affects the financial interests of an organization in which the person participates as a member of the governing body, unless the person serves in that capacity as the city’s representative. Social Media – The City Council adopted a Social Media Policy on March 12, 2018, which covers all representatives of the City, including councilmembers. Implementation Orientation – This Code of Conduct Policy shall be included in the regular orientation for new councilmembers. Following each election, the new council shall ratify this Code of Conduct by resolution. Compliance and Enforcement – Councilmembers are responsible for assuring that the Code of Conduct is understood and followed, and that the public will continue to have full confidence in the integrity of the Lino Lakes city government. Remedies The City Council is responsible for policing its members. When inappropriate behaviors are observed, any member of the council can intervene. If inappropriate behavior is observed, the City Council will discuss the behavior at a council work session. By direction of the council, it will be determined whether: 1. A letter is sent to the offending council member stating he/she failed to observe the Code of Conduct and requesting that the inappropriate behavior be redressed; or 2. The council member is formally sanctioned by resolution at a council meeting. Resolution 06-58 adopting this Code of Conduct was approved by the Lino Lakes City Council on April 10, 2006, and amended March 12, 2018. _________________________ Jeff Reinert, Mayor CITY OF LINO LAKES RESOLUTION NO. 18-22 RESOLUTION ADOPTING THE LINO LAKES CITY COUNCIL CODE OF CONDUCT WHEREAS, the City Council adopted guidelines in 1999 defining how the Council operates; and WHEREAS, in 2003 the City Council adopted a more comprehensive set of guidelines entitled the City Council Ethical Guidelines; and WHEREAS, in 2010 the City Council adopted a Code of Conduct to more efficiently and effectively develop and carry out the mission, vision, goals, and established policies of the City; WHEREAS, the Code of Conduct requires that after each municipal election, the new council adopts the Code of Conduct by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the City Council Code of Conduct is hereby adopted. ______________________________ Jeff Reinert, Mayor _____________________________ Julianne Bartell, City Clerk Adopted by the City Council this 12th day of March 2018. The motion for the adoption of the foregoing resolution was duly seconded by Council Member _________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: City of Lino Lakes Social Media Policy 2/15/2018 Page 1 City of Lino Lakes, Minnesota Social Media Policy Purpose Social networking in government serves two primary functions: to communicate and deliver messages directly to citizens and to encourage citizen involvement, interaction, and feedback. Information distributed via social networking must be accurate, consistent, and timely and meet the information needs of the City’s customers. Since social media is used for social networking, this policy seeks to ensure proper use of the City of Lino Lakes’ social media sites by its representatives. The City of Lino Lakes wishes to establish a positive and informative social media presence. City representatives have the responsibility to use the City’s social media resources in an efficient, effective, ethical, and lawful manner pursuant to all existing City and departmental policies. This policy also provides guidelines and standards for city representatives regarding the use of social media for communication with residents, colleagues, and all other followers. Policy The City of Lino Lakes will determine how its web-based social media resources will be designed, implemented, and managed as part of its overall communication and information sharing strategy. City social media sites may be modified or removed by the City at any time and without notice, as described in this document. City of Lino Lakes social media accounts are considered a City asset and administrator access to these accounts must be securely administered in accordance with the City’s Computer Use Policy. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media websites created and utilized during the course and scope of an employee’s performance of his/her job duties will be identified as belonging to the City of Lino Lakes, including a link to the City’s official website. Scope This policy applies to any existing or proposed social media websites sponsored, established, registered, or authorized by the City of Lino Lakes. This policy also covers the private use of the City’s social media accounts by all City representatives, including its employees and agents, councilmembers, appointed board or commission members and all public safety volunteers to the extent it affects the City. Questions regarding the scope of this policy should be directed to the city administrator. Definition Social media are internet and mobile-based applications, websites and functions, other than email, for sharing and discussing information, where users can post photos, video, comments, City of Lino Lakes Social Media Policy 2/15/2018 Page 2 and links to other information to create content on any topic. This may be referred to as “user- generated content” or “consumer-generated media.” Social media includes, but is not limited to: • Social networking sites such as Facebook, LinkedIn, Twitter, and online dating services/mobile apps; • Blogs; • Social news sites such as Reddit and Buzzfeed; • Video and photo sharing sites such as YouTube, Instagram, SnapChat, and Flickr; • Wikis, or shared encyclopedias such as Wikipedia; • An ever emerging list of new web-based platforms generally regarded as social media or having many of the same functions as those listed above. As used in this policy, “employees and agents” mean all City representatives, including its employees, elected officials, appointed board or commission members, and other agents of the city, such as independent contractors. Rules of Use City employees and agents with administrator access are responsible for managing social media websites. Facilities or departments wishing to have a new social media presence must initially submit a request to the city administrator or other designee in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as a City of Lino Lakes site and will be linked with the official City website (www.ci.lino-lakes.mn.us). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy. Administration of all social media websites must comply with applicable laws, regulations, and policies as well as proper business etiquette. City social media accounts accessed and utilized during the course and scope of an employee’s performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private or personal views on personal, political or policy issues or to express personal views or concerns pertaining to City employment relations matters. No social media website may be used by the City or any City employee or agent to disclose private or confidential information. No social media website should be used to disclose sensitive information. If there is any question as to whether information is private, confidential, or sensitive, contact the city clerk. When using social media sites as a representative of the City, employees and agents will act in a professional manner. Examples include but are not limited to: • Adhere to all City personnel and Computer Use policies; • Use only appropriate language; • Not providing private or confidential information, including names, or using such material as part of any content added to a site; City of Lino Lakes Social Media Policy 2/15/2018 Page 3 • Not negatively commenting on community partners or their services, or using such material as part of any content added to a site; • Not providing information related to pending decisions that would compromise negotiations; • Be aware that all content added to a site is subject to open records and right-to-know laws and discovery in legal cases; • Always keep in mind the appropriateness of content; • Comply with any existing code of ethical behavior established by the City. Be aware that content will not only reflect on the writer but also on the City of Lino Lakes as a whole, including elected officials and other city employees and agents. Make sure information is accurate and free of grammatical errors. Where moderation of comments is an available option, comments from the public will be moderated by City staff with administrative rights before posting. Where moderation prior to posting is not an option, sites will be regularly monitored by City staff. City of Lino Lakes’ staff with administrative rights will not edit any posted comments. However, comments posted by members of the public will be removed from public view if they are abusive, obscene, defamatory, in violation of the copyright, trademark right or other intellectual property right of any third party, or otherwise inappropriate or incorrect. The following are examples of content that may be removed by City staff before or shortly after being published: • Potentially libelous comments; • Obscene or racist comments; • Personal attacks, insults, or threatening language; • Plagiarized material; • Private, personal information published without consent; • Comments totally unrelated to the topic of the forum; • Commercial promotions or spam; • Hyperlinks to material that is not directly related to the discussion. Personal Social Media Use The City of Lino Lakes respects employees and agents’ rights to post and maintain personal websites, blogs, and social media pages and to use and enjoy social media on their own personal devices during non-work hours. The City requires employees, councilmembers, board or commission members, and agents to act in a prudent manner with regard to website and internet postings that reference the City of Lino Lakes, its personnel, its operation, or its property. Employees and agents and others affiliated with the City may not use a city brand, logo, or other city identifiers on their personal sites, nor post information that purports to be the position of the City without prior authorization. City employees and agents are discouraged from identifying themselves as city employees when responding to or commenting on blogs with personal opinions or views. If an employee chooses to identify him or herself as a City of Lino Lakes employee and posts a statement on a matter City of Lino Lakes Social Media Policy 2/15/2018 Page 4 related to City business, a disclaimer similar to the following must be used: “These are my own opinions and do not represent those of the City.” Occasional access to personal social media websites during work hours is permitted, but employees and agents must adhere to the guidelines outlined in the City’s Computer Use policy and the City’s Respectful Workplace policy. Employees and agents should also review the Data Ownership section of this policy (below). There may be times when personal use of social media (even if it is off-duty or using the employee’s own equipment) may spill over into the workplace and become the basis for employee coaching or discipline. Examples of situations where this might occur include: • Friendships, dating or romance between co-workers; • Cyber-bullying, stalking or harassment; • Release of confidential or private data (If there are questions about what constitutes confidential or private data, contact the city clerk); • Unlawful activities; • Misuse of city-owned social media; • Inappropriate use of the city’s name, logo, or the employee’s position or title; • Using city-owned equipment or city-time for extensive personal social media use. Each situation will be evaluated on a case-by-case basis because the laws in this area are complex. If you have any questions about what types of activities might result in discipline, please discuss the type of usage with the human resources manager. Data Ownership All social media communications or messages composed, sent, or received on city equipment in an official capacity is the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. The City of Lino Lakes also maintains the sole property rights to any image, video, or audio captured while a City employee is representing the City in any capacity. The City retains the right to monitor employee’s social media use on city equipment and will exercise its right as necessary. Users should have no expectation of privacy. Social media is not a secure means of communication. Policy Violations Violations of the Policy will subject the employee to disciplinary action up to and including discharge from employment. A councilmember may be censured by a resolution if the council determines that he/she violated this policy. WS – Item 7 WORK SESSION STAFF REPORT Work Session Item No. 7 Date: March 5, 2018 To: City Council From: Jeff Karlson, City Administrator Re: RFP’s for Civil Legal Services Background Last November the City requested proposals for civil legal services. RFP’s were mailed to 15 law firms who specialize in municipal law. The RFP was also posted on the League of Minnesota Cities and City of Lino Lakes websites. The deadline for submitting proposals was January 5th. The City received eight proposals. Staff evaluated the proposals a prepared the summary below. Campbell Knutson The firm employs 15 attorneys and 10 legal assistants. Over 90% of the firm’s revenue is generated by public sector clients. The lead attorney would be Matt Brokl. He has 12 years of experience with Campbell Knutson representing municipal clients. Brokl’s practice areas are general municipal, land use, litigation, and real estate. Campbell Knutson provides city attorneys for nearly two dozen cities and one township, which includes the following metro cities: Arden Hills, Burnsville, Chanhassen, Edina, Elk River, Farmington, Lakeville, North St. Paul, Plymouth, and St. Louis Park. They proposed the following rates: Lead/Attorney/Shareholders: $155.00/hr. Attorneys: $145.00/hr. Legal Assistants/Law Clerks: $ 85.00/hr. The minimum increment of time for billings is .10 hours (6 minutes). Eckberg Lammers Eckberg Lammers has seven attorney/shareholders and ten associate attorneys. Municipal work accounted for 30.9% of total billings in 2016. Patrick Sweeney would be the lead attorney. He has 25 years of experience as an attorney. Mr. Sweeney was Lino Lakes’ prosecution attorney for a number of years. He is the city attorney for Blaine. Sweeney spends nearly 75 percent of his time on general municipal activities, including prosecution and development matters, such as preliminary and final plats, development negotiations, special assessments, and conditional use permits. The firm currently serves as civil municipal general counsel for the following metro cities: Bayport, Blaine, East Bethel, Grant, Mendota Heights, Oak Park Heights, White Bear Lake, Woodbury, and Wyoming. The hourly rates are as follows: 2018 2019 2020 Attorney: $150 $155 $160 Paralegals: $ 80 $ 80 $ 80 Law Clerks: $ 75 $ 75 $ 75 Developer—Reimbursed $200 $210 $220 All services would be billed to the nearest .10 hours (6 minutes). Flaherty Hood The staff at Flaherty Hood includes six attorneys and seven support staff positions. Chris Hood and Robert Scott will be the primary attorneys assigned to Lino Lakes. Hood is the city attorney for 12 cities, but none in the Twin Cities area. He has over 24 years of experience representing Minnesota local governments in employment, administrative, annexation, environmental, municipal, and real estate matters. The city attorney hourly fees are as follows: General Municipal: $135/hr. Other Legal: $ 65/hr. Employment & Real Estate: $150/hr. Other Legal: $ 75/hr. Litigation: $165/hr. Other Legal: $ 85/hr. Third Party—Reimbursed: $185/hr. Other Legal: $ 95/hr. The minimum increment of time billed for services is 15 minutes (.25 hours). Kelly & Lemmons Kelly & Lemmons has seven full-time attorneys and four full-time staff. Municipal work represented 39% of their total billings in 2016 and 42% in 2017. Kevin Beck would be the primary city attorney. He has nearly 10 years of experience in municipal, criminal, and employment/labor law. He is currently the city attorney for Shoreview. The firm is also the city attorney for Taylors Falls, White Bear Township, Gem Lake, and Little Canada. The hourly rates are as follows: Attorneys: $150/hr. Law clerks/paralegals: No charge For general civil city attorney services, the firm proposed a fixed annual retainer of $30,000 to encourage open and frequent communication between the City and its attorneys. Kennedy & Graven Kennedy & Graven is the largest law firm in Minnesota that practices primarily local government law. Their staff consists of 29 attorneys, 7 paralegals, and 14 support staff. The firm practices in all major areas of municipal relating to cities. They are the appointed city attorney in 32 cities, including Brooklyn Center, Brooklyn Park, Crystal, Hopkins, Maplewood, Oakdale, Richfield, Robbinsdale, Rosemount, Shakopee and Tonka Bay. Kennedy & Graven proposes Andrew Biggerstaff for the role of city attorney. Biggerstaff is the city attorney for Tonka Bay and Robbinsdale. He has less than three years of experience as an associate attorney with Kennedy & Graven. Kennedy proposed the following fees through 2018: General Non-General Econ. Dev. & TIF Attorneys: $160/hr. $180/hr. $215/hr. Paralegals: $ 95/hr. $ 95/hr. $115/hr. Law Clerks: $ 95/hr. $ 95/hr. $ 95/hr. Municipal work was 95% of the firm’s billing in 2016. Minimum billing increment is six minutes (.10 hours). Ledin, Hofstad, Troth & Fleming The law firm has three full-time attorneys, one counsel attorney, and five support personnel. They have three office locations in Hinckley, Pine City, and North Branch. The firm represents eight municipal clients, but none in the metropolitan area. They did specify who the lead attorney would be since they prefer to operate in a collaborative manner. Their 2016 billings for municipal work were nine percent. Attorneys charge $200 per hour for municipal work. The firm bills to the nearest tenth of an hour (1/10th). Ratwik, Roszak & Maloney Ratwik currently has 10 attorneys and three support staff. All attorneys are experienced in municipal law. 99 percent of its billings are to municipal clients. Joe Langel has been Lino Lakes’ city attorney since 2010 and would continue to serve as the Lino Lakes City Attorney. Joe has practiced municipal law for over 22 years. Joe also serves as city attorney for the cities of Ramsey, Brainerd, Ironton, Crosby, Deerwood, Cass Lake, Clear Lake, Breezy Point, and Federal Dam. 100 percent of Joe’s work is related to municipal civil law. City rates are as follows: Normal Litigation Developer Paid Shareholders: $145/hr. $155/hr. $205/hr. Associates: $145/hr. $145/hr. $145/hr. Paralegal: $ 80/hr. $ 80/hr. $ 80/hr. Legal Secretary: No charge No charge No charge These are the same rates the firm proposed when first retained in 2009. Ratwik has not increased its rates the past eight years. The minimum increment of time billed is .10/hr. (six minutes). Rupp, Anderson, Squires & Waldspurger The firm has 15 attorneys, which includes six shareholders and nine associate attorneys, and five support staff. Jay Squires would serve as city attorney. Squires has been practicing in the area of municipal law since 1989. He is currently the city attorney for the cities of Cambridge, Hanover, Dayton, Clearwater, and Norwood Young America. Squires previously worked for Ratwik, Roszak & Maloney and served as Lino Lakes’ contact person in Joe’s absence until moving to Rupp, Anderson, Squires & Waldsburger. Rupp represents over 100 cities, counties, school districts, and joint powers entities in the State of Minnesota. Attorney rates are as follows: General: $170/hr. Litigation: $200/hr. Third Parties: $225/hr. Paralegals: $ 75/hr. Law Clerks: $ 75/hr. The hourly rates would be increased by $5 per hour annually. Billing is done for time incurred in 1/10th increments. Requested Council Direction Schedule interviews with selected law firms. Attachments RFP for Legal Services Billing Rate Comparisons RFP Comparisons Ratwik’s Hourly Rates for Legal Work 1 City of Lino Lakes REQUEST FOR QUALIFICATIONS AND PROPOSALS FOR CIVIL LEGAL SERVICES November 17, 2017 I. PURPOSE The City of Lino Lakes is requesting qualifications and proposals for Civil Legal Services from firms experienced in municipal law. II. BACKGROUND The City of Lino Lakes, which is located in the northeast metropolitan area, is a developing home rule charter city with a population of 21,000. Lino Lakes is governed by a City Council composed of a mayor elected for a two-year term and four councilmembers elected at-large for four-year terms. Lino Lakes has approximately 70 full-time employees, an annual budget of $10.3 million, and a tax levy of 9.5 million. Historically, the City has retained a private firm or firms to provide general legal services. The City has also selected firms to provide prosecution services, bond counsel, and to work with development issues. III. PROCESS A. The City will use the following process for selecting legal service providers: 1. The City intends to award a contract to the proposer based on qualifications, cost, and other factors that may be considered. 2. The City Administrator and Management Team will evaluate proposals. The City Administrator will recommend to the City Council firms to be considered for appointment. 3. The City Council will select the firm and award a contract for Civil Legal Services. 4. The City reserves the right to reject any proposal, to request additional information from any proposer, and to suggest modifications to the terms and conditions offered by a proposer. 2 IV. GENERAL INSTRUCTIONS A. Responses must provide complete information as described in this request. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. Twelve (12) copies shall be submitted by 4:30 p.m. on December 11, 2017 to: City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 In order to ensure a fair review and selection process, firms submitting proposals should contact only the City Administrator and are specifically requested not to make other contacts to City staff or councilmembers. B. The City will not reimburse any expenses incurred by the firm submitting responses including, but not limited to expenses associated with the preparation and submission of the response, attendance at interviews, and preparation and negotiation of a contract. V. REQUIRED CONTENTS OF RESPONSE A. Background of Firm 1. Brief history of firm; 2. Number of attorneys, including number of partners and associates and areas of specialty; 3. Support personnel, including number and expertise; 4. Office organization and support capabilities; 5. Office location(s); 6. Statement of any malpractice claims and/or ethics complaints against your firm or firm’s attorney(s) over the last five years and the status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board; 7. Describe malpractice insurance coverage, which includes carrier, limits, and exemptions; 3 8. Statement of 2016 billings for municipal work as a percentage of total 2016 billings; 9. List cities your firm currently represents and for what type of service; 10. List cities your firm began representing in the last three years and cities your firm stopped representing in the last three years; 11. List names, telephone numbers, and contact person of at least five (5) client references whom the City may contact; 12. Describe the firm’s view of their responsibilities to the City in the provision of legal services; 13. Conflict of Interest: • Indicate whether designated lead attorneys or the law firm represent, or have represented, any client whose representation may conflict with your ability to provide legal services to the City of Lino Lakes. • Indicate whether designated lead attorneys or the law firm currently represent any real estate developers. If so, please identify those companies or persons in detail. • Indicate whether designated lead attorneys or the law firm currently represents any other local units of government having jurisdiction within or contiguous to the City of Lino Lakes. • Identify what procedures your firm utilizes to identify and resolve conflicts of interest. B. Attorney Qualifications 1. Identify the specific attorney who will serve as the lead attorney and indicate the following: • Academic training and degrees; • Description of background and experience; • Description of prior municipal experience including cities served in a similar capacity; • Estimated percentage of total work related to municipal civil law in the last three years; • List of litigation in communities where designated attorney served as lead attorney and outcomes of litigation for the last five years. 4 2. List number of years with firm, position title(s), years in these positions, and areas of responsibility with firm. 3. Identify attorney who will serve in the lead attorney’s absence and provide information as requested in No. 1 and No. 2 above. 4. Identify other attorneys and support staff who will supply services the City will be charged. 5. Provide a description of the proposed allocation of work between the lead attorney and support personnel identified. Specifically, what work will be handled by lead attorney and what work will be handled by associates, paralegals, or others? 6. Indicate current responsibilities of person designated to serve as lead attorney. 7. Indicate the availability of the lead attorney and attorney who will serve in the lead attorney’s absence for Monday evening meetings and their availability during regular business days. C. Fees 1. Indicate the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing the legal services covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney, paralegal, and support personnel. Also identify additional cost items to be billed (e.g., copying, law research searches) and associated rates. 2. Indicate what alternate billing arrangements you would be willing to consider and under what circumstances they would be most appropriate. 3. The City of Lino Lakes requests monthly billing statements which: • Itemize the date of services; • Identify the attorney, paralegal and/or support personnel providing the services; • List time spent; • Provide a detailed description of the service performed; • State the fees for those services; • Organize billing on the basis of activity and contact; • Summarize monthly charges by type of activity. 5 VI. LEGAL SERVICES REQUIREMENTS Following are the primary responsibilities for the City Attorney: 1. Attend City Council meetings, board, commission, or committee meetings, and other meetings as requested by the City Council or City Administrator. 2. Draft and review ordinances, resolutions, and correspondence as requested. 3. Interpret and advise on general federal and state laws related to municipal government, including elections, planning, zoning, housing, development, redevelopment, enforcement, and property and real estate laws. 4. Interpret and advise on City Charter and City Code. 5. Prepare or review municipal contracts, such as contracts for public improvements, joint powers agreements, construction, and purchase of equipment. 6. Represent the City in matters related to the enforcement of all City codes. 7. Research and submit legal opinions on legal matters as requested by City Council, City Administrator, or department directors. 8. Meet with the City Council, City Administrator, department directors, and City staff as needed to review the status of all legal matters before the City. 9. Provide legal briefings, as requested, to City Council and staff regarding new or proposed legislation affecting municipal operations and activities. 10. Provide advice on open meeting law, data practices, records retention, and Council powers. 11. Represent the City in employment-related issues, labor negotiations, arbitration, administrative hearings, and in litigation involving same as requested by the City Administrator. 12. Interpret and advise with respect to municipal employment matters and laws including, but not limited to, PERA, labor agreements, personnel policy, FLSA, Veterans’ Preference, and unemployment compensation as requested by the City Administrator. 13. Defend City in litigation (except in those cases where insurance companies are required to provide defense), including, but not limited to: (1) human 6 rights claims; (2) condemnation; (3) permits and administrative actions; and (4) labor and employment matters. 14. Defend City in uninsured claims and other insurance matters. 15. Represent the City in acquisition of properties for public improvements, easements, parks, and other public purposes. 16. Represent the City in condemnation proceedings for public improvement projects. 17. Represent the City in workers’ compensation matters. 18. Initiate litigation on behalf of City as requested by City Council. 19. Advise and represent the City on environmental matters. 20. Prepare and review, as requested by the City Council or City Administrator, the following: • Conditional use permits and documentation; • Vacation of rights-of-way; • Special assessments; • Easements; • Subdivision agreements; • Planned Unit Development agreements. RFP Billing Rate Comparisons for 2018 Legal Services Firm General Billing Rate1 Associate Attorneys Developer or Third Party Legal Asst./ Paralegals Law Clerks Litigation or Arbitration Meeting Attendance Retainer Fee Campbell Knutson $155/hr. $145/hr. $200 - $400 hr. $85/hr. $85/hr. $155/hr. n/a Negotiable Eckberg Lammers $150/hr.2 Same $200/hr. $80/hr. $75/hr. $150/hr. $3003 $2,200/mo.4 Flaherty Hood $135/hr.5 Same $185/hr. $65 - $95 n/a $165/hr. n/a Negotiable Kelly & Lemmons $150/hr. Same $150/hr. No charge No chg. $150/hr. n/a $30,000/yr.6 Kennedy & Graven $160/hr. Same $215/hr. $95/hr.7 $95/hr. $180/hr. n/a Negotiable Ledin, Hofstad, Troth $200/hr. Same Same $90/hr. $60/hr. $200/hr. Min. of 1 hr. Negotiable Ratwik, Roszak & Maloney $145/hr. Same $205/hr.8 $80/hr. n/a9 $155/hr.10 n/a Negotiable Rupp, Anderson, Squires $170/hr.11 Same $225/hr. $75/hr. $75/hr. $200/hr. n/a Negotiable 1 Lead Attorney/Shareholders 2 Hourly rate would increase to $155 in 2019 and $160 in 2020. 3 Flat fee would increase to $310 in 2019 and $325 in 2020. 4 Monthly retainer fee would increase to $2,300/mo. in 2019 and $2,750/mo. in 2020. 5 Employment & Real Estate billed at $150/hr. 6 Kelly & Lemmons proposed no increase for initial three years followed by a 2% annual increase. Services not covered by retainer would be special projects, civil lawsuits, court proceedings, land acquisition, capital projects, public utilities, and telecommunications. 7 $115/hr. for economic development, redevelopment & tax increment matters. 8 Associates are billed at $145/hr. 9 There is no charge for legal secretaries. 10 Associates are billed at $145/hr. 11 Hourly rates would be increased by $5 per hour annually. RFP Comparisons for 2018 Legal Services Firm No. of Attorneys No. of Cities Represented Primary Attorney Municipal Experience Time Spent on Municipal Work General Billing Rate Min. Billing Increment Campbell Knutson 15 22 Matt Brokl1 14 yrs. 100% $155/hr. .10 hours Eckberg Lammers 17 17 Patrick Sweeney2 25 yrs. 75% $150/hr.3 .10 hours Flaherty Hood 6 12 Chris Hood4 24 yrs. 100% $135/hr. .25 hours Kelly & Lemmons 7 5 Kevin Beck5 10 yrs. 30-40% $150/hr. .10 hours Kennedy & Graven 29 32 Andrew Biggerstaff6 3 yrs. 95% $160/hr. .10 hours Ledin, Hofstad, Troth 3 8 None Assigned NA 9% $200/hr. .10 hours Ratwik, Roszak & Maloney 10 10 Joe Langel7 22 yrs. 100% $145/hr. .10 hours Rupp, Anderson, Squires 15 7 Jay Squires8 17 yrs. 75% $170/hr.9 .10 hours 1 Brokl currently does not represent another city as the lead attorney, but was the city attorney for several cities before moving to the private sector in 2006. 2 Sweeney is the City Attorney for Blaine. 3 Hourly rate would increase to $155 in 2019 and $160 in 2020. 4 Hood serves as the City Attorney for the cities of Bagley, Breckenridge, Grand Marais, Moose Lake, Northfield, Park Rapids, Pequot Lakes, Pine City, Plainview, St. Charles, Willmar, and Winona. 5 Beck was the City Attorney for Shoreview from April 2016 through July 2017, and currently serves as the backup city attorney for Shoreview. 6 Biggerstaff is currently the City Attorney for the cities of Tonka Bay and Robbinsdale. 7 Langel has been Lino Lakes’ City Attorney since 2010. He also serves as City Attorney in the cities of Ramsey, Brainerd, Ironton, Crosby, Deerwood, Cass Lake, Clear Lake, Breezy Point, and Federal Dam. 8 Squires is the City Attorney for the cities of Cambridge, Hanover, Dayton, Clearwater, and Norwood Young America, and co-lead attorney for Red Wing. 9 Hourly rates would be increased by $5 per hour annually. WS – Item 8 WORK SESSION STAFF REPORT Work Session Item No. 8 Date: March 5, 2018 To: City Council From: Michael Grochala, Community Development Director Re: Allowance for Wider Driveways Background Councilmember Stoesz requested discussion of possibly increasing the allowable width for residential driveways. The City Zoning Ordinance allows a maximum residential curb cut width of 26 feet. The driveway may increase in width at a 45 degree angle at the property line. Driveway width restrictions are fairly common and serve a number of purposes. These include: • Maintain front yard green space and enhance the streetscape. • Preserve areas for on-street parking. • Minimize impact and maintenance costs to public right-of-way and utility corridors. • Preserve street snow storage. • Minimize conflicts with vehicle, pedestrian and bicycles using street. • Minimize impervious surfaces. A preliminary study of municipal zoning ordinances shows residential driveway widths ranging from 24 – 30 feet. 10 of the 12 communities had maximum driveway widths of 24 feet or less. Roseville has a 26’ width and Blaine allows up to 30’. Over 500 driveways have been permitted during the last 5 years. There has not been any significant issues raised by the existing ordinance requirements. Amendment of the Zoning Ordinance requires a public hearing be held by the Planning & Zoning Board and approval of an ordinance by the City Council. Requested Council Direction Determination by the City Council whether to initiate an Ordinance amendment related to driveway widths. Attachments 1. Driveway Exhibit 2. Driveway Community Survey DRIVEWAY EXHIBIT LINO LAKES, MINNESOTA STREET A 26' RIGHT OF WAY LINE PR O P E R T Y L I N E DRIVEWAY PR O P E R T Y L I N E CURB CURB CUT WIDTH AT RIGHT OF WAY LINE: 26 FT. MAXIMUM IF RESIDENTIAL 36 FT. MAXIMUM IF COMMERCIAL DRIVEWAY MAY INCREASE AT AN $1*/(127*5($7(57+$1ƒ Sept. 2013 Lino Lakes Driveway Research Info Date 2/26/2017 City Driveway Access Ordinance Language Number of Curb Cuts Driveway Dimension Standards Driveway Separation (intersections, other driveways, and lot lines) Shared Driveways Lino Lakes No curb cut/driveway access shall be located less than thirty (30) feet from the intersection of two (2) or more local or minor street rights-of-way. This distance shall be measured from the intersection of lot lines. Curb cut/driveway access setbacks from the intersection of streets with higher functional classifications shall be consistent with the recommendations of the Comprehensive Plan and require approval by the City Engineer. Single family detached uses: Maximum Slope - Ten foot vertical rise in one hundred horizontal feet. Minimum Width ; Ten foot wide driveway base. Vegetation should be cleared to eight feet on each side of driveway centerline from the roadway to the front property line. Commerical Uses: Maximum Slope - Eight feet rise in one hundred horizontal. Minimum Width - Twenty feet driveway base or as approved by community engineer. Residential - maximum width is 26 ft. Commerical - maximum width is 36 ft. Curb cut/driveway access on a public street except for single, two family, and townhouse dwellings shall not be located less than forty feet from one another. Except with special approval from the City Engineer, curb cut openings and driveways shall be a minimum of five feet from the side yard property line in all districts. Any shared driveway shall include a maintenance and access agreement. Corcoran, MN Driveway Access Minimum. Each property other than single family uses shall be allowed one driveway access for each 125 ft. of street frontage. All property shall be entitled to at least one driveway access. Single family uses shall be limited to one driveway access per lot, except when the property exceeds the required street frontage per zoning district requirements, a second driveway access may be allowed by approval of the Zoning Administrator. Except as otherwise approved by the Zoning Administrator, single family uses shall not access arterial and major collector streets. In such cases, if a lot does not have frontage upon a local street and where the Zoning Administrator determines driveway access to arterial and major collector streets necessary, joint access through the use of shared curb cuts and access easements shall be utilized to the extent possible. 1 or 2 (conditional basis)Residential - maximum width is 24 ft. Commercial - maximum width is 32 ft. Setback required is five ft. from property line. No driveway can be within 60 ft. of any street intersection. Medina, MN Only one curb cut shall be allowed per parcel of land, except as permitted below. If the parcel of land is bordered by more than one right-of-way, the curb cut shall be located on the less traveled right-of-way, as determined by the Public Works Director. If all of the following conditions are met, two curb cuts may be allowed for a residential property: (i) Lot width at street side shall be 100 ft. or greater; (ii) If the curb cuts are for a corner lot with curb cuts on separate streets, the total street frontage shall be 150 ft. or greater; (iii) The property owner entering into an agreement with the city setting forth the terms and conditions for the two curb cuts. The agreement with the city shall be recorded with the Hennepin County Recorder or Registrar of Titles. (iv) A storm water treatment system must be constructed on the property to treat the storm water from the area of the second curb cut. A storm water treatment system management plan must be submitted to the city and approved by the Public Works Director prior to the start of construction; and (v) A storm water treatment system may be constructed in public right-of-way if it does not hinder the use of the road by others, it is approved by the Public Works Director, the property owner agrees to be responsible for maintaining the area and the property owner enters into a maintenance agreement with the city. 1 or 2 (conditional basis) Residential - maximum width is 24 ft. at the curb, 28 ft. at the property line, 34 ft. combined if two drives. Commercial - maximum width is 32 ft. at the property line. Setback required from property line will be no greater than 10 ft. in residential zone, and must comply with side yard setback in other zones. Driveway required to be 100 ft. from corners unless zoned urban residential, urban commercial, or urban industrial districts. In which case the requirement is 50 ft. from the corner. Plymouth, MN Each apartment or non-residential property shall be allowed one driveway access for each 125 feet of street frontage. All such properties shall be entitled to at least one driveway access. Two family homes, townhouses, and manor homes shall be allowed one driveway access per dwelling unit. Single family uses shall be allowed one driveway access per lot, except when the property exceeds the required street frontage per zoning district requirements, a second driveway access may be allowed by approval of the Zoning Administrator.1 or 2 (conditional basis) For single-family detached uses, curb cut access for driveways shall not exceed 24 ft. in width. For all other uses, curb cut access for driveways shall not exceed 36 ft. in width. No curb cut or driveway access shall be allowed within 40 ft. of two intersecting street's Rows. Curb cut openings shall be located at a minimum of three feet from the side yard lot line in residential districts and a minimum of 10 ft. from the side lot line in all other districts. Driveway access curb openings on a public street except for single, two family, townhouse, and manor home dwellings shall not be located less than 40 ft. from one another. Hugo, MN Only one driveway permit will be granted per lot or parcel of land, except one or more additional permits may be approved by the city engineer if such accesses will not impede traffic or pose a public safety risk. 1 or 2 (conditional basis) Residential: the maximum width is 16-24 ft. Commercial: the minimum driveway width is 16 ft. and the maximum width is 30-33 ft. The driveway separation distance is 20-30 ft. for both residential and commercial districts. The street corner setback for driveways is 20-30 ft. for residential and 60 ft. for commercial. Edina, MN On lots less than 75 ft. in width, no more than one driveway per lot shall intersect a street. No driveway access is allowed on a street designated on as a collector or arterial street unless it is needed for adequate access. Curb cuts on collector streets . The number of driveways intersecting a street designated as a collector or arterial by the comprehensive plan shall be limited to those driveways essential for adequate access. When properties adjoin more than one street, driveways shall be restricted, if possible, to the street with a lower volume of traffic. The following additional restrictions apply to lots in the R-1 district and R-2 district: a. On interior lots, as defined in chapter 36, no more than one driveway per dwelling unit shall intersect a street designated by the comprehensive plan as a collector or arterial. b. On corner lots or through lots, as defined in chapter 36, no driveway shall intersect with a street designated by the comprehensive plan as a collector or arterial. Residential: 1 or 2(conditional basis) Commercial: adequate access for commercial and industrial Commercial: The minimum driveway width for a one way street is 12 ft., the maximum is 20 ft. The minimum driveway width for a two way street is 20 ft., the maximum is 30 ft. Residential: The maximum driveway width is 30 ft. All driveways must be located 50 ft. from the nearest intersection. The driveway must also be located 10 ft. from all side yard lot lines. Anoka, MN Each single family or duplex property is entitled to only one driveway from a public right of way unless it can be demonstrated that an additional driveway improves traffic safety/circulation for the general public. Commercial and industrial properties have no limit to the amount of accesses. Residential: 1 or 2 (conditional basis) Commercial: no limit For residential: The driveway width outside the ROW is allowed to be no larger than the garage width plus 10 ft. or 20 ft. if no garage exists. The driveway width inside the ROW can be no larger than the garage width plus four ft. or 24 ft. The minimum width is 12 ft. For commercial and industrial: The maximum driveway width is 30 ft. All driveways must be located five ft. from rear and side yard lot lines. White Bear Lake, MN All properties shall be entitled to at least one curb cut. Each property shall be allowed one curb cut access for each 125 ft. of street frontage except for single family uses. Single family uses shall be limited to one curb cut access per property unless a Conditional Use Permit is reviewed by the Planning Commission and approved by the City Council.1 or 2 (conditional basis) No curb cut shall exceed 24 ft. in width in single and two family developments and 32 ft. in width in all other districts unless approved by the City Engineer. All curb cuts must be located 40 ft. from the intersection of two or more streets. All curb cuts must maintain a minimum distance of five ft. from all side yard lot lines. Prior Lake, MN Accessory structures which are deemed by the Zoning Administrator to have potential access to a public or private street and have door openings exceeding six feet in width shall have a bituminous or concrete surfaced driveway to access the structure.1 or 2 (accessory structure) In residential districts, the driveway width may not exceed 24 ft. For all other uses, the driveway width may not exceed 36 ft. Driveways must be setback at least five ft. from side yard property lines. Driveways must remain at least 30 ft. away from street intersection corners. Blaine All driveways and approaches must be hard surface using concrete or blacktop. Driveways cannot exceed a total of 45% of the area of the front yard and corner side yard with a maximum width of 36 feet beyond the public right-of-way. The driveway width in the public right-of-way cannot exceed 24 feet for single-family lots with less than 70 feet of frontage or 30 feet for lots with 70 feet or more of frontage.Case by case basis Residential - Maximum width is 24 - 30 ft. Commercial - Maximum width is 36 ft. Depending on zoning districts, driveways cannot be constructed closer than three feet or five feet from the adjacent property line. Shoreview Driveway and parking areas shall not exceed 40% of the area within the minimum required front yard setback. Property located on an arterial or collector street may construct a turnaround to prevent backing onto the street. The turnaround shall be setback a minimum of 5 feet from any property line and shall not be located in front of the dwelling. If adequate setback from the side lot line is not otherwise available, the City Manager may approve an alternate location. No parking shall be permitted in any turnaround unless landscape screening is provided. Non-conforming driveways and parking areas shall only be replaced in conformance with these regulations. One curb cut per dwelling, unless width of lot exceeds 120 feet, or is a corner lot in which a second curb cut may be permitted. Residential - Maximum width is 24 ft. Commercial - Maximum width is Depending on zoning districts, driveways cannot be constructed closer than three feet or five feet from the adjacent property line. Vadnais Heights All streets, driveways and right-of-ways shall be constructed as approved by the council. Street right-of-ways shall be a minimum of sixty feet in width. All streets shall be public. (2) Access drives to all parking spaces, manufactured home sites and buildings shall be paved. (3) All streets shall have a concrete (mountable, roll type) curb and gutter. (4) Ingress and egress from manufactured home parks shall be approved by the council. Curb Cut Width. No curb cut access shall exceed 24 feet in width unless approved by the City Engineer. Any driveway lying between the edge of the roadway and the property line (boulevard area) of the property being served by said driveway, shall be constructed with a hot mixed bituminous surface, or portland cement concrete surface. If portland cement concrete is used, where there is no concrete curb or gutter, the concrete driveway shall be held back two (2) feet from the curb line. The remaining two (2) feet shall be surfaced with hot mixed bituminous material. Roseville Driveways must be constructed of a hard surfaced material such as concrete, asphalt or brick pavers. Gravel is not allowed as a finished surface. On roadways without curb and gutter if a concrete driveway is being installed the concrete shall be kept two feet from the roadway edge and asphalt placed in this last section. 6 If replacing curbing on a city street please contact Supervisor Steve Zweber at 651-792- 7052 for curb specifications. 1 Residential - Maximum width is 26 ft. Commercial - Maximum width is 36 ft. Driveways must be set back from side property lines a minimum of 5 feet (for snow storage). Driveways must be set back a minimum of 30’ to a street right-of-way. Maximum impervious surface coverage on an LDR1-LDR2 property is 30%. WS – Item 9 WORK SESSION STAFF REPORT Work Session Item No. 9 Date: March 5, 2018 To: City Council From: Rick DeGardner, Public Services Director Re: Public Works Facility Follow-up Background This item was discussed at the February work session. The City Council directed staff to provide the following information that is attached: • Cost breakdown of Hugo Public Works facility • Plans and specifications for the Hugo Public Works Facility • An estimate of how large a building is needed to store the city’s vehicles and equipment Requested Council Direction For informational purposes only Attachments A. City of Hugo Public Works Facility Fund Breakdown, (2004-2005) B. Plans and Specifications for the Hugo Public Works Facility - Title Sheet (T1) and Site Layout (C1), February 2, 2004 C. Inside Storage Analysis for the City’s vehicles and equipment INSIDE STORAGE ANALYSIS FOR CITY'S VEHICLES AND EQUIPMENT EXISTING VEHICLES AND EQUIPMENT (EXCLUDING TRAILERS) Space Name Quantity Size Area (SF)Total (SF) Large Spaces 9 18 x 36 648 5,832 Medium Spaces 37 12 x 24 288 10,656 General Equipment Storage 1 3,000 3,000 Circulation 1 8,500-10,800 8,500-10,800 TOTAL 28,000-30,300 EXISTING INSIDE STORAGE Streets Shed 1 18 x 36 648 648 Parks Shed 1 22 x 76 1,672 1,672 TOTAL 2,320 ADDITIONAL STORAGE NEEDED 25,680-27,980* *Does not include vehicle wash bay 28-Feb-18 WS – Item 10 WORK SESSION STAFF REPORT Work Session Item No. 10 Date: March 5, 2018 To: City Council From: Rick DeGardner, Public Services Director Re: Rice Lake Elementary School Playground Equipment Project Follow-up Background This item was presented at the February work session. The City Council directed staff to place this item on the March work session agenda for additional discussion and provide the following information: • Shenandoah Park - Existing amenities and future needs • List of any potential trails near St. Claire Estates Shenandoah Park currently consists of playground equipment (1998) and maintained turf area. Park concept plans include the potential for hard court events, park shelter, viewing deck, informal ball field, and internal trails. Staff is not aware of any future trails near St. Claire Estates. Requested Council Direction Staff is requesting direction from the City Council whether to designate the park dedication fees from the St. Claire Estates development for a specific purpose, or to retain for future consideration. WS – Item 11 WORK SESSION STAFF REPORT Work Session Item No. 11 Date: March 5, 2018 To: City Council From: Rick DeGardner, Public Services Director Re: Nature’s Refuge Park Dedication, Rick DeGardner Background The Nature’s Refuge development application was reviewed by the Park Board at the February 5, 2018 Park Board meeting. The Arena Acres letter (see attached) was sent to area residents on February 8 (and was included in the February 9 Weekly Update). Councilmember Rafferty had expressed concerns regarding the portion of the letter pertaining to discussions with the Forest Lake School District related to enhancing leisure opportunities at Lino Lakes Elementary. Staff was directed to place this item on the March work session agenda. The Park Board recommended working with the Forest Lake School District to provide leisure opportunities at Lino Lakes Elementary School (see attached). The Planning and Zoning Board reviewed Nature’s Refuge on February 14 and continued the Public Hearing and discussion to their March 14 meeting. Staff will present the Planning and Zoning Board’s recommendation to the City Council at the April 2nd work session (tentative schedule). Requested Council Direction Staff is requesting Council direction whether to pursue a possible joint park improvement project with the Forest Lake School District at Lino Lakes Elementary. Attachments Memo to Arena Acres Residents, February 8, 2018 Nature’s Refuge – Park Board Discussion memo dated February 6, 2018 DATE: February 8, 2018 TO: Arena Acres Resident FROM: Rick DeGardner, Public Services Director RE: Arena Acres Park The City Council and Park Board are seeking input from area residents regarding Arena Acres Park. With the removal of the tennis courts this past Fall, we are interested in hearing what suggestions you may have regarding the future of Arena Acres Park. You are invited to submit your comments by:  Emailing to rick.degardner@ci.lino-lakes.mn.us  Mailing to City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, Attn: Rick DeGardner Please submit your response by Monday, February 26. All responses will be forwarded to the City Council and Park Board. As a result of the proposed Nature’s Refuge Development, the Park Board has initiated discussions with the Forest Lake School District related to enhancing leisure opportunities at Lino Lakes Elementary. Amenities including new playground equipment, tennis/pickle ball courts, basketball courts, turf fields, and trails are being explored. Funding would be dependent upon dedicated park funds from Nature’s Refuge. Placement of a paved trail along the north side of County Road 14 from Wood Duck Trail to Lino Lakes Elementary School to provide safe access for pedestrians and bicyclists is also being explored. DATE: February 6, 2018 TO: Katie Larsen, City Planner FROM: Rick DeGardner, Public Services Director RE: Nature’s Refuge - Park Board Discussion The Park Board discussed the Nature’s Refuge development at their February 5, 2018 meeting. The following summarizes the Park Board’s recommendation related to park dedication fees, parks, and trails: • The Parks, Natural Open Space/Greenways and Trails System Plan does not identify a new park in this area. Recommend collecting park dedication fees rather than land for a neighborhood park, and explore options to working with the Forest Lake School District to provide funding for enhancements to the outdoors at Lino Lakes Elementary. Representatives from Lino Lakes Elementary attended the meeting and were excited to further explore this potential partnership. • The linear trail corridor was well received. Assuming the Forest Lake School District is interested in receiving funding, the trail connection to school district property could occur behind Lot 12, eliminating the need for the trail directly behind Lots 13, 14, 15, and 16. • Placement of a paved trail along the north side of Main Street from Wood Duck Trail to Lino Lakes Elementary School should be planned for and installed as funds become available. WS – Item 12 WORK SESSION STAFF REPORT Work Session Item No. 12 Date: March 5, 2018 To: City Council From: Jeff Karlson, City Administrator Re: Public Services Administrative Assistant Position Background The position became vacant when Heather Robinson resigned on February 20th. The position was posted the following day. Included on the March 12th council agenda is a request to increase Part-Time Office Specialist Kristine Kroll from 24 hours to 40 hours a week to help alleviate the workload in the Public Services Department. Administration is in the process of evaluating whether some of the Administrative Assistant’s job duties need to be shifted to the Office Specialist, Recreation Supervisor, and/or public works supervisors. Attachments Administrative Assistant Job Description Requested Council Direction No action is required. 1 CITY OF LINO LAKES POSITION DESCRIPTION TITLE: Administrative Assistant DEPARTMENT: Public Services DIVISION: All SUPERVISOR: Public Services Director STATUS: Full Time/Non-Exempt/AFSCME PRIMARY OBJECTIVES The primary purpose of this position is to provide technical assistance for the Public Services Department and to coordinate department services and policies. This position performs a variety of office support functions in a prompt and accurate manner that contributes to the efficiency and effectiveness of department operations. ESSENTIAL JOB FUNCTIONS The following job functions are intended to illustrate various types of work performed and are not all inclusive. The job description is subject to change as the needs of the employer and the requirements of the job change. 1. Inputs data and generates reports using the Cartegraph operations management system. 2. Prepares marketing materials and mailings for recreation programs, compiles seasonal sports packets, assists with special events such as Blue Heron Days and Family Corn Roast, codes and tracks revenues and expenditures for recreation programs, and provides assistance at seasonal coaches meetings for youth sports. 3. Assists Utilities Supervisor by scheduling water appointments, notifying residents of water violations, and helping with other administrative tasks as needed. 4. Assists Streets Supervisor with snow plowing issues, pot-hole concerns, street lights, damaged signs and related billing. 5. Assists Parks Supervisor with the bid process for portable restrooms, schedules deliveries and special cleaning, and bills various user groups. 6. Assists Mechanic by maintaining/processing license tabs and titles for all vehicles; processes forfeited vehicles, manages fuel cards for employees; maintains updated records of fleet in Cartegraph. 7. Maintains accurate payroll records for department employees, processes timesheets bi- weekly, retains overtime records, tracks and manages work profile sheets, compiles, processes, and maintains seasonal employee packets (background checks, PERA, workers compensation, I-9 forms, W-4 forms, and work agreements). 2 8. Provides clerical assistance such as typing, copying, filing, faxing, mailing, scheduling appointments, and other related duties. 9. Answers and routes phone calls to the proper staff members; greets and conducts business with the public; assists with recreational program registrations; tracks meeting room and park shelter reservations; works front counters when needed. 10. Manages and monitors security system of Civic Complex and other City buildings including programming operations, inventory control of access cards, and troubleshooting. 11. Maintains accurate accounting of ActiveNet registration software registrations and revenue, including programs for brochures/ events. 12. Maintains department’s filing and record retention system in accordance with the Data Privacy Act. 13. Performs routine financial duties, including collecting fees, preparing deposits, maintaining records of recreation program fees, coding invoices, maintaining budget records, maintaining petty cash fund, and reconciling credit card transactions. 14. Prepares and distributes agenda packets for the Lino Lakes Park and Recreation Board. Attends board meetings to take minutes and transcribes them in final form. Prepares and distributes expanded agenda after board meetings. 15. Maintains keys to all city properties and retains related paperwork when keys are checked out and returned. 16. Prepare invoices and statements for finance; code disbursements. 17. Performs other duties as assigned or apparent. KNOWLEDGE, SKILLS AND ABILITIES 1. Knowledge, proficiency and accuracy in the use of computer applications and software/hardware, including Microsoft Office Suite (word processing, spreadsheet and power point presentations). 2. Strong verbal and written communication skills. 3. Ability to communicate effectively and professionally with all City staff and the general public. 4. Ability to establish and maintain effective work relationships with supervisors, co- workers, and the general public. 5. Ability to work independently and to prioritize work. 6. Knowledge of office procedures and practices. 7. Knowledge of principles and procedures of record keeping. 8. Ability to maintain confidential and sensitive information. 9. Ability to work some evenings to attend Park Board meetings or weekends for special events. 3 REQUIRED QUALIFICATIONS 1. High school diploma or equivalent and at least three year of related office experience. Completion of post-secondary coursework in office procedures or records maintenance may be exchanged for one year of experience. 2. Proficient in Microsoft Word, Excel, and Outlook. 3. Excellent written and verbal communication skills. 4. Ability to type 40 wpm. 5. Possession of or ability to obtain a valid Minnesota driver’s license. DESIRED QUALIFICATIONS 1. Proficient in Microsoft Publisher and PowerPoint. 2. Proficient in other software such as Adobe InDesign and Photoshop, and WordPress. It is the policy of the City of Lino Lakes to provide equal employment opportunities to all persons. All employment policies and practices shall be non-discriminatory in compliance with federal laws, state statutes, and local ordinances. Revised: 08/08/2016 WS – Item 13 WORK SESSION STAFF REPORT Work Session Item No. 13 Date: March 2, 2018 To: City Council From: Sarah Cotton, Finance Director Re: Utility Billing Late Fees Background The Council has requested that this item be placed on the work session agenda for discussion. Per Ordinance 11-17, a late fee of 10% is assessed quarterly on any unpaid utility balance. This 10% fee is charged on the total unpaid balance after a 6-day grace period. Historically, the city will waive one late fee per customer, if the customer does not have a history of delinquent payments. The penalty charge of 10% of the unpaid balance on utility bills is consistent with the penalty fee charged on other city fees not paid when due (i.e. leases/rents). Requested Council Direction Discuss late fees charged by the City. Item #15 Monthly Progress Report March 5, 2018 Item Last Action Taken Staff Status Digital Scanning Project 8/7/17 – City Clerk provided a written report of what has been completed Julie Staff is utilizing a volunteer to augment the process White Bear Lake Restoration Assn. v. Dept. of Natural Resources (DNR) 1/26/18 – A hearing was held for the judge to consider more evidence and to rule on an extension of the stay Jeff The DNR will likely have to appeal regardless of the outcome of the hearing Upgrade of HD Audio/Visual Equipment in Council Chambers and Control Room 2/20/18 – Gooseneck mics were installed Jeff Caulk needs to be replaced; legs for dais have been ordered; wires under dais need to be wrapped up; new chairs will be ordered Culvert Maintenance ACD 10-22-32 7/5/17 – Staff was directed to monitor the culvert and to work with the RCWD on a longer term solution Mike RCWD cleaned the culvert. Staff continues to monitor it. Lease Agreement with New Creations Child Care & Learning Center 3/1/18 – The owners of New Creations would like to make improvement to their leased space and are seeking a lease extension Jeff Is the Council amenable to a five or ten-year lease extension? Updates are shown in italics.