HomeMy WebLinkAbout05-28-2024 Council Meeting PacketCITY COUNCIL AGENDA
Tuesday, May 28, 2024
Broadcast on Cable TV Channel 16
and northmetrotv.com/lino-lakes-stream
City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz
City Administrator: Sarah Cotton
CITY COUNCIL WORK SESSION, 6:00 P.M.
Council Chambers (not televised)
No Public Comment Allowed at Work Sessions per the Rules of Decorum
1.Call to Order and Roll Call
2.Setting the Agenda: Addition or Deletion of Agenda Items
3.Discussion Regarding Potential Interim Ordinance on Residential Development,
Michael Grochala and City Attorney Jay Squires
4.Review Regular Agenda
5.Adjournment
CITY COUNCIL MEETING, 6:30 P.M. OR IMMEDIATELY FOLLOWING THE WORK SESSION
Council Chambers (televised)
Call to Order and Roll Call
Pledge of Allegiance
Public Comment (sign-in prior to start of meeting per Rules of Decorum)
Setting the Agenda: Addition or Deletion of Agenda Items
1.CONSENT AGENDA
A.Consider Approval of Expenditures for May 28, 2024 (Check No. 120749 through
120823) in the Amount of $602,186.99
B.Consider Approval of April 22, 2024 City Council Work Session Minutes
C.Consider Approval of April 22, 2024 City Council Meeting Minutes
D.Consider Approval of Hiring Part-Time Rookery Activity Center Staff
E.Consider Resolution No. 24-62, Authorizing the Issuance of a Special Event Permit
for the MN Wheels of Honor Fallen Hero Visit
F.Consider Approval of 1st Quarter 2024 Financial Report
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G.Consider Approval of Not Waiving Monetary Limits on Municipal Tort Liability
H.Consider Resolution No. 24-63, Authorizing the Issuance of a Special Event Permit,
On-Sale Temporary Liquor License, and Cabaret License for St. Joseph’s Catholic
Church
I.Consider Resolution No. 24-67, Approving Site Performance Agreement, 455 Park
Court (Fiji Cube)
2.FINANCE DEPARTMENT REPORT
No Report
3.ADMINISTRATION DEPARTMENT REPORT
A. Consider Appointment of Building Permit Technician, Meg Sawyer
B. Consider Appointment of Government Buildings Custodial Worker, Meg Sawyer
4.PUBLIC SAFETY DEPARTMENT REPORT
No Report
5.PUBLIC SERVICES DEPARTMENT REPORT
A.Ordinance No. 09-24, Vacating Trail Easement on Shores of Marshan Lake Plat, Rick
DeGardner
i.Public Hearing
ii.Consider 1st Reading of Ordinance No. 09-24
6.COMMUNITY DEVELOPMENT REPORT
A.Ordinance No. 06-24, Vacating Drainage & Utility Easement, 202 Elm Street, Diane
Hankee
i.Consider 2nd Reading of Ordinance No. 06-24
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
ii.Consider Resolution No. 24-54, Approving Summary Publication of Ordinance
No. 06-24
B.Ordinance No. 08-24, Vacating Drainage & Utility Easement, 6590 12th Avenue,
Diane Hankee
i.Consider 2nd Reading of Ordinance No. 08-24
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
ii.Consider Resolution No. 24-55, Approving Summary Publication of Ordinance
No. 08-24
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C. 2024 Rejuvenator Project, Diane Hankee
i. Consider Resolution No. 24-57, Rescinding Resolution No. 24-37, Accepting
Bids, Awarding a Construction Contract
ii. Consider Resolution No. 24-58, Rejecting Bids and Authorizing Re-Bidding
D. Decorative Lighting for the CSAH 49/CRJ Roundabout Project, Diane Hankee
i. Consider Resolution No. 24-56, Accepting Bids, Awarding a Construction
Contract
ii. Consider Resolution No. 24-68, Approving Construction Services Contract
with WSB LLC
E. Ordinance No. 04-24, Zoning Ordinance Text Amendment-Sacred Communities and
Micro-Unit Dwellings, Katie Larsen
i. Consider 2nd Reading of Ordinance No. 04-24
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
ii. Consider Resolution No. 24-46. Approving Summary Publication of Ordinance
No. 04-24
F. Ordinance No. 05-24, Zoning Ordinance Text Amendment-Building Type and
Construction, Katie Larsen
i. Consider 2nd Reading of Ordinance No. 05-24
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
ii. Consider Resolution No. 24-61, Approving Summary Publication of Ordinance
No. 05-24
G. Grant of Easements, Water Treatment Plant, Michael Grochala
i. Consider Resolution No. 24-64, Approving Grant of Right-of-Way Easement
to Anoka County (Birch Street)
ii. Consider Resolution No. 24-65, Approving Grant of Right-of-Way Easement
to the Public (12th Avenue)
iii. Consider Resolution No. 24-66, Approving Wetland Buffer Declaration and
Grant of Wetland Easement to Rice Creek Watershed District
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
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9. NOTICES AND COMMUNICATIONS
A. Community Calendar: A Look Ahead May 29, 2024 – June 3, 2024
i. May 29, 2024, 6:30 PM: Environmental Board Meeting
ii. June 3, 2024, 6:00 PM: City Council Work Session
ADJOURNMENT
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CITY COUNCIL
WORK SESSION STAFF REPORT
ITEM NO. 3
STAFF ORIGINATOR: Michael Grochala, Community Development Director
WORK SESSION DATE: May 28, 2024
TOPIC: Discussion Regarding Potential Interim Ordinance on Residential
Development
______________________________________________________________________________
BACKGROUND
The northwest quadrant of the City, generally referred to as “the Sod Farms”, has received
significant development interest over the past two years. Two development interests have
recently presented or submitted concepts for discussion with the City Council. These concepts
include development of approximately 400 acres and 900 residential housing units along the
Main Street corridor. In reaction to the development interest, the City Council has discussed
the possible need for a moratorium to further study the corridor in preparation for
development.
The City’s 2040 Comprehensive Plan identifies Main Street, at Sunset, as a key “Gateway” into
the City. The plan also recommends that a master plan be completed for the Main Street
Corridor from 4th Avenue to Sunset Avenue. No master plan has been completed to date.
Prior development concepts have not moved forward for development approvals.
The Main Street corridor has been planned for urban residential development for the past two
decades; however, the area has seen limited development over the past 14 years. Since 2010 ,
a total of approximately 140 new residential units have been built in the City northwest of I -
35W. The influx of new development interest provides an opportunity to collaborate on a
larger planning scale to ensure a coordinated and efficient extension of public facilities that
address the cumulative impacts of the broader development area.
Master planning is not new to the City of Lino Lakes; previous studies include the Town Center
(I-35W/Lake Drive), CR 49 (Hodgson Road) and CR J (Ash Street) Master Plan, the I-35E Corridor
Alternative Urban Areawide Review (AUAR), and most recently the Otter Lake Road Master
Plan. Each of these plans were completed to create a more detailed development framework
from the Comprehensive Plan in advance of development.
A proposed moratorium would allow time for the City to complete the master planning process
within a larger geographic area to address land use, transportation, environmental resources,
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parks and open space, surface water management and utility issues. Staff would also suggest
incorporating into the process the preparation of an Alternative Urban Areawide Review
(AUAR). The AUAR is an environmental review document that would allow more in-depth
analysis of the Master Plan and provide a mitigation document for implementation.
The suggested study area would encompass the area between 4 th Avenue on the east, Sunset
Avenue to the west, Pine Street on the north, and Carl Street/Century Trail on the south.
Should the City Council determine to move forward with the moratorium , a tentative schedule
would be as follows:
Planning and Zoning Board Public Hearing June 17
City Council Public Hearing and 1st Reading of Interim Ordinance June 24
City Council 2nd Reading of Interim Ordinance July 8
Moratorium in Effect August 15
If the City Council is interested in moving forward with the process , staff will prepare the
required public notices for publication and set the schedule.
REQUESTED COUNCIL DIRECTION
Staff is requesting City Council direction on whether to initiate the process to consider a
residential moratorium.
ATTACHMENTS
1. Draft Interim Ordinance
2. Proposed Study Area
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1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. _XX-24_____
INTERIM ORDINANCE CREATING A MORATORIUM ON THE CREATION OF
NEW LOTS FOR RESIDENTIAL PURPOSES IN A CERTAIN PART OF THE
CITY OF LINO LAKES
The City Council of Lino Lakes ordains:
Section 1. Purpose and Intent. The purpose and intent of this Ordinance is
to exercise the City’s authority under Minnesota Statutes 462.355, Subd. 4 by the
creation of an interim ordinance which has the effect of creating a moratorium on the
subdivision of lands for residential uses in that part of the City of Lino Lakes described
and depicted in the attached Exhibit A.
Section 2. Preliminary Findings: The City Council hereby makes the following
preliminary findings to serve as the basis for the necessary study to be made during the
moratorium, which serve as the reasons why it is in the public interest for the City to
declare a moratorium by virtue of this Ordinance:
1) Main Street at Sunset Avenue (CR 53) is identified as a “gateway” in the City’s
2040 Comprehensive Plan.
2) The City’s 2040 Comprehensive Plan recommends the preparation of a Master
Plan for the Main Street corridor between 4th Avenue and Sunset Avenue (CR
53). No such plan presently exists.
3) The City has been presented with two development proposals within the Exhibit A
area that total 400 acres with approximately 900 new lots for residential use.
4) A moratorium will provide the City with time to study and work towards
preparation of a Master Plan for the Exhibit A area that will address land uses,
transportation, environmental resources preservation, parks, surface waters,
and utility issues. A moratorium also presents the possibility of conducting an
Alternative Urban Areawide Review (AUAR) environment study for the area.
Section 3. Moratorium: Until the Planning & Zoning Board and City Council
complete studies related to the aforementioned findings, the City shall not accept or
continue to process any land use applications for land use proposals which propose in
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whole or in part, the creation of new lots for residential purposes. Notwithstanding the
moratorium imposed herein, a land use application for a minor subdivision in
compliance with City Code Section 1001.075 thru 1001.081 may be processed. The
study period will last no longer than one (1) year from the effective date of this
Ordinance, unless further extended by the City in accordance with Minnesota Statutes
462.355, Subd. 4.
Section 4. Effective Date: This Ordinance is effective upon publication of the
Ordinance in accordance with the City Charter.
Adopted by the Lino Lakes City Council this ____ day of ____________, 2024.
____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
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EXHIBIT A 9
+
Expenditures
May 28, 2024
Check #120749 to #120823
$602,186.99
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13
14
15
16
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20
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24
25
26
27
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29
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32
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35
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Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting May 28, 2024 Transfer In/(Out)
5/10/2024 Payroll #10 (200,602.71)
5/10/2024 Payroll #10 Federal Deposit (58,233.35)
5/10/2024 Payroll #10 PERA (57,113.68)
5/10/2024 Payroll #10 PERA - DIE Credit Danzl Pierson 553.36
5/10/2024 Payroll #10 State (13,404.48)
5/10/2024 Payroll #10 Child Support (321.48)
5/10/2024 Payroll #10 H.S.A. Bank Pretax (3,546.20)
5/10/2024 Payroll #10 TASC Pretax (867.27)
5/10/2024 Payroll #10 Mission Sq 457 Def. Comp #301596 (2,645.00)
5/10/2024 Payroll #10 Mission Sq Roth IRA #706155 (939.23)
5/10/2024 Payroll #10 MSRS HCSP #98946-01 (4,949.40)
5/10/2024 Payroll #10 MSRS Def. Comp #98945-01 (3,035.00)
5/10/2024 Payroll #10 MSRS Roth IRA #98945-01 (779.00)
5/13/2024 Transfer from FRB Money Market 1,000,000.00
5/15/2024 Bldg Permit Surcharge (2,872.21)
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LINO LAKES CITY COUNCIL
WORK SESSION
MINUTES
DATE: April 22, 2024
TIME STARTED: 6:00 PM
TIME ENDED: 6:19 PM
MEMBERS PRESENT: Councilmembers, Lyden, Stoesz, Cavegn, Mayor Rafferty
MEMBERS ABSENT: Ruhland
Staff Members Present: City Administrator Sarah Cotton; Public Safety Director John Swenson;
Community Development Director Michael Grochala; City Planner Katie Larsen, Environmental
Coordinator Andy Nelson, WSB Project Engineer Veronica Kubicek.
1. Review Regular Agenda
Mayor Rafferty reviewed the meeting agenda. Staff provided an overview of the staff reports for
each agenda item.
Mayor Rafferty asked that the March 25, 2024, Council Meeting Minutes be revised as follows:
The Public Comment made by Randy Rennacker should be updated to state the Carl Street
residents have a “strong opposition of any connection from the development to the Carl Street
neighborhood” from the currently reflected “strong opposition of any development to the Carl
Street neighborhood”.
The work session concluded at 6:19 PM.
These minutes were considered and approved at the regular Council Meeting on May 28, 2024.
Hannah Lynch, City Clerk Rob Rafferty, Mayor
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LINO LAKES CITY COUNCIL
REGULAR MEETING
MINUTES
DATE: April 22, 2024
TIME STARTED: 6:41 PM
TIME ENDED: 8:33 PM
MEMBERS PRESENT: Councilmembers, Lyden, Stoesz, Cavegn, Mayor Rafferty
MEMBERS ABSENT: Councilmember, Ruhland
Staff Members Present: City Administrator Sarah Cotton; Public Safety Director John Swenson;
Community Development Director Michael Grochala; City Planner Katie Larsen, Environmental
Coordinator Andy Nelson, WSB Project Engineer Veronica Kubicek.
The meeting was called to order by Mayor Rafferty at 6:41 PM.
SETTING THE AGENDA
Staff suggested moving the Arbor Day Proclamation and Public Safety Life Saving Award
Presentation before Public Comment. Councilmember Cavegn requested further discussion
regarding the Fire Department Analysis under New Business.
1. Motion to: Approve the changes and additions to the agenda as presented.
PROCLAMATION
An Arbor Day Proclamation was issued by Mayor Rafferty, Declaring April 26, 2024 Arbor Day in
Lino Lakes, Minnesota.
SPECIAL PRESENTATION
Public Safety Director John Swenson presented the Citizen Life Saving Award to Tatum Stewart
for providing lifesaving care to her father Eric Stewart on October 19, 2023. Mr. Swenson also
presented the Life Saving Award to Sgt. Chad Schirmers, Investigator Bob Strub, Officer Anissa
Ng, Officer Shelby Bonczek, Officer Beck Petrie, Deputy Director Dan L’Allier, Firefighter Taylor
Andres, and Firefighter Ryan Olson.
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Lyden
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
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PUBLIC COMMENT
Luke Walter, 7800 Marilyn Drive, talked about a previous meeting where a developer discussed
his prior legal troubles. According to Mr. Walter, those in favor of the Madinah Lakes project
are spreading a falsehood, claiming that there were no objections to the earlier plan for
development on this property. Concerns raised by Mr. Walter include the development's
inclusivity, traffic issues, the mosque's parking plan, the effects on the school system, and
infrastructure costs that will raise taxes.
Dean Dovolis, 333 Washington Ave, Minneapolis, advised that he is an urban planner and
architect and that he received his education from Harvard University and the University of
Minnesota. The Madinah Lakes developer contacted Mr. Dovolis to talk about the issues raised
in a flyer that is being distributed. According to Mr. Dovolis, the development in terms of speed
and density is less dense. There will be a traffic study done in response to the traffic-related
complaints. The parking lot at the mosque will adhere to city code. Dovolis stated that the
development is open to anyone and not restricted.
Maysoon Wazwaz, 7991 Highland Drive, declared that the purpose of her visit was to discuss
the controversy around the housing units and the mosque. Before Madinah Lakes signed the
purchase agreement, there was a previous buyer who proposed a larger development, and she
could not find any comments to oppose that development. Another point is that there are
hundreds of houses being proposed on the other side of Main Street. The argument that the
schools will not be able to accommodate the students' needs, conflicts with the open
enrollment policy.
Samia Ali, 139 Morgan Lane, stated she has lived in Lino Lakes for the past 4 years and has
children who attend Centennial Middle and High School. She supports the Madinah Lakes
development. She wants to address the misconceptions about the development, which are that
the development is open to everyone and that the planned restaurants, coffee shops, and
grocery stores will serve as essential amenities. It was discussed that the school district will
benefit from more students due to the increased funding. Ali asked that the City Council
support the Madinah Lakes Development and reject any calls for the moratorium.
Matt Duffy, 7760 France Ave, stated he represents Zikar Holdings and a development proposal
was submitted last week and that it is going through the process of making sure it’s complete. If
it’s complete, he asked that it be considered on its merits. Also discussed as part of the process
is an environmental assessment worksheet, which will address a lot of the concerns that have
been raised. Mr. Dufffy requested that the merits of the application be considered and that the
City follow the process already in place to get a development going.
Feneti Mohamed, 7264 Watermark Way, stated she is in support of the Madinah Lakes
development, which is open to any faith and background. She has lived in Lino Lakes for four
years and has siblings in the school district. The proposed development adheres to current
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zoning rules and aligns with the comprehensive plan set up by the City of Lino Lakes. She urges
the City Council to carefully consider the implications of imposing a moratorium.
Salahadin Abda, 7264 Watermark Way, stated he has lived in Lino Lakes for four years. Abda
discussed his process of moving to the area. The complaining of the new development does not
make any sense to him.
Jeff Johnson, 6965 Sunrise Drive, has been a resident of Lino Lakes for 25 years and has seen
growth in the city. Johnson discussed the impacts of rapid growth and the struggle with adding
an additional 450 houses.
Darren Zabinski, 6711 Pine Street, discussed his reading of the 2040 comprehensive plan. His
questions to City Council include: Does this fit with the future vision of Lino Lakes? Do we have
the infrastructure to provide services to a development this size? What about water issues,
classroom sizes, enough law enforcement, city roads, parks, and walking paths?
Elizabeth Larkin, 980 Aspen Lane, discussed her children attending Centennial district and the
classroom sizes. Larkin would like to see the city council follow the 2040 comprehensive plan.
Larkin expressed concern for the law enforcement and the number of calls they could receive in
the future. She would like the council to look into the developer’s background.
Chris Stowe, 426 Pine Street, stated that he is opposed to any developments around Lino Lakes.
New developments mean higher taxes. Mr. Stowe talked about attending the Planning and
Zoning meeting the week before, where they talked about sacred homes. Additionally, he
opposes the construction of any new churches or mosques.
Catherine Decker, 614 Pine Street, stated she would like City Council deny the request to share
the cost of the water treatment with Rice Creek Watershed District. The first reason is that
there are only thirteen Lino Lakes households located on Centerville Lake. This proposal directly
affects .1% of Lino Lakes taxpayers. Second, she talked about how the Rice Creek Watershed
District and the Centerville Lakes Association describe themselves and why they ought to be the
only two organizations providing funds for this project. The third reason discussed was the 2024
reserved budget. Fourth, Rice Creek Watershed District has made no financial commitment
beyond this grant. The final reason is that three separate taxes will be imposed on the people of
Lino Lakes, even though 99.9% of them are not represented in this proposal.
Justin Houck, 490 Pine Street, stated he is opposed to any new development in Lino Lakes. His
family moved to Lino Lakes due to the small community, rural feel, and wide open spaces.
Houck discussed the state mandate regarding housing on religious properties; items that need
to be under consideration are schools, infrastructure, and police.
Jason Donahue, 8204 Wood Duck Trail, stated he is opposed to any major development.
Donahue stated infrastructure is not here including water and water towers, classroom sizes
are too large. He has concerns with the poor condition of the city roads, parking lots, and the
park system. He questioned the safety of residents living in the development.
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Sam Bennett, 6841 Lakeview Drive, wanted to invite residents May 4th from 9:00am to 12:00 to
help clean Hodgson Road. Pizza will be provided for volunteers.
1. Motion to: Close Public Comment at 7:54 PM.
1. CONSENT AGENDA
A. Consider Approval of Expenditures for April 22, 2024 (Check No. 120553 through 120635)
in the Amount of $669,949.91
B. Consider Approval of March 25, 2024 Council Meeting Minutes (Amended)
C. Consider Approval of April 8, 2024 Work Session Minutes
D. Consider Approval of April 8, 2024 Council Meeting Minutes
E. Consider Approval of the Hiring of Part-Time Staff for the Rookery Activity Center
i. Motion to: Approve Consent Agenda Items 1A – 1E
2. FINANCE DEPARTMENT
No report was presented.
3. ADMINISTRATION DEPARTMENT
No report was presented.
4. PUBLIC SAFETY DEPARTMENT
No report was presented.
5. PUBLIC SERVICES DEPARTMENT
A. Consider Resolution No. 24-22, Accepting Quotes and Awarding a Construction Contract,
2024 Trail Maintenance Project
WSB Project Engineer Veronica Kubicek requested approval of Resolution 24-22 to
accept quotes and to award a construction contract for the 2024 Trail Maintenance
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Cavegn
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
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Project for the Base, Alternate 2, and Alternate 3. She noted they are deferring
Alternate 1 Country Lake Drive West to a future year due to budget. Two quotes were
received, and staff recommended acceptance of the lowest quote from Winberg
Companies, which came in at $137,455.50.
i. Motion to: Approve Resolution 24-22, Accepting Quotes and Awarding a
Construction Contract, 2024 Trail Maintenance Project
6. COMMUNITY DEVELOPMENT DEPARTMENT
A. Consider Resolution No. 24-44, Approving Centerville Lake Alum Treatment Cost-Share
Agreement with Rice Creek Watershed District
Environmental Coordinator Andy Nelson requested the approval of Resolution 24-44 for
a cost-share agreement with Rice Creek Watershed District (RCWD) for an aluminum
sulfate treatment for Centerville Lake in an amount not to exceed $35,000.
i. Motion to: Approve Resolution 24-44, Approving Centerville Lake Alum Treatment
Cost-Share Agreement with Rice Creek Watershed District
B. Consider Resolution No. 24-42, Accepting Quotes and Awarding a Contract for 2024
Spring Boulevard Tree Planting
Environmental Coordinator Andy Nelson requested approval of Resolution 24-42 to
accept quotes and to award a contract for the Boulevard Tree Planting. Three quotes
were received and staff recommended acceptance of the lowest quote from Hoffman
and McNamara which came in at $35,209.00.
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
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i. Motion to: Approve Resolution 24-42, Accepting Quotes and Awarding a Contract
for 2024 Spring Boulevard Tree Planting
C. Consider Resolution No. 24-37, Accepting Bids and Awarding a Construction Contract,
2024 Rejuvenator Project
WSB Project Engineer Veronica Kubicek requested approval of Resolution 24-37 to
accept quotes and to award a construction contract for the 2024 Rejuvenator Project.
She noted that funding for this project is from the Pavement Management Fund. Two
quotes were received and staff recommended acceptance of the lowest quote from
Allied Blacktop Company which came in at $110,464.00.
i. Motion to: Approve Resolution 24-37, Accepting Bids and Awarding a Construction
Contract, 2024 Rejuvenator Project
D. Consider Resolution No. 24-38, Approving the CSAH 49/CRJ Reconstruction Project Joint
Powers Agreement with the City of Shoreview
Community Development Director Michael Grochala presented Resolution 24-38,
approving a Joint Powers Agreement (JPA) with the City of Shoreview for the
Roundabout Landscaping and Storm Sewer Maintenance at the CSAH 49 (Hodgson Rd)
and CSAH 32 (County Road J) Roundabout.
i. Motion to: Approve Resolution 24-38, Approving the CSAH 49/CRJ Reconstruction
Project Joint Powers Agreement with the City of Shoreview
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Stoesz
SECONDER: Cavegn
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
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E. Consider Resolution No. 24-39, Ordering Project, Approving Plans, Authorizing Ad For
Bids, Decorative Lighting for the CSAH 49/CRJ Roundabout Project
Community Development Director Michael Grochala requested approval of Resolution
24-39 to order project, approve the plans and specifications, and to authorize the ad for
bid for decorative lighting for the CSAH 49/CRJ roundabout project.
i. Motion to: Approve Resolution 24-39, Ordering Project, Approving Plans,
Authorizing Ad For Bids, Decorative Lighting for the CSAH 49/CRJ Roundabout
Project
F. 440 Park Court (Lino Lakes Tech Center & Storage Facility)
City Planner Katie Larsen requested consideration and approval of Resolutions 24-34,
24-35, and 24-36 related to the Conditional Use Permit and Site & Building Plan Review
for 440 Park Court (Lino Lakes Tech Center and Storage Facility).
i. Consider Resolution No. 24-34 Approving Conditional Use Permit for Two (2) or
More Principal Buildings
ii. Consider Resolution No. 24-35 Approving Parking Deferment Agreement
iii. Consider Resolution No. 24-36 Approving Site Improvement Performance
Agreement
a. Motion to: Approve Resolution 24-34, Approving Conditional Use Permit for Two
(2) or More Principal Buildings
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS
MOVER: Stoesz
SECONDER: Cavegn
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
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b. Motion to: Approve Resolution 24-35, Approving Parking Deferment Agreement
c. Motion to: Approve Resolution 24-36, Approving Site Improvement Performance
Agreement
G. Jansen Addition
City Planner Katie Larsen presented Resolution 24-40 to approve the Final Plat for the
Jensen Addition, as well as Resolution 24-41 approving the final Development
Agreement for the Jansen Addition. Planner Larsen noted that the Planning and Zoning
Board reviewed the Jansen Addition Final Plat on April 10, 2024, and recommended
approval with a 6-0 vote.
i. Consider Resolution No. 24-40 Approving Final Plat
ii. Consider Resolution No. 24-41 Approving Development Agreement
a. Motion to: Approve Resolution 24-40, Approving Final Plat
b. Motion to: Approve Resolution 24-41, Approving Development Agreement
RESULT: CARRIED [UNANIMOUS]
MOVER: Stoesz
SECONDER: Lyden
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
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H. Water Treatment Plant Funding
Community Development Director Michael Grochala requested consideration and
approval of Resolutions 24-43 and 24-45, related to the Minnesota Public Facilities
Authority Application for Water Treatment Plant Grant and Loan Agreement.
i. Consider Resolution No. 24-43 Authorizing Minnesota Public Facilities Authority
Application for Water Treatment Plant Grant Agreement
ii. Consider Resolution No. 24-45 Authorizing Minnesota Public Facilities Authority
Application for Water Treatment Plant Loan Agreement
a. Motion to: Approve Resolution 24-43, Authorizing Minnesota Public Facilities
Authority Application for Water Treatment Plant Grant Agreement
b. Motion to: Approve Resolution 24-45, Authorizing Minnesota Public Facilities
Authority Application for Water Treatment Plant Loan Agreement
7. UNFINSIHED BUSINESS
None.
8. NEW BUSINESS
Councilmember Cavegn stated at the April 1, 2024, work session that the Council gave
Public Safety Director John Swenson a directive to request proposals (RFP) from other cities.
At the April 8, 2024, work session, the subject was discussed again, which was not on the
agenda, did not follow the protocol for adding items to the agenda, and there was no
discussion after the subject. The directive for Public Safety Director John Swenson was
altered without conversation or a vote. Councilmember Cavegn would like to return to the
April 1, 2024, order that was approved by the Council.
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Lyden
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
54
Mayor Rafferty asked for an update. City Administrator Sarah Cotton stated staff has worked to
gather examples of RFPs from other agencies, has drafted an RFP, and plans to bring this to the
May 6 work session for Council review.
ADJOURNMENT
Mayor Rafferty reviewed the Community Calendar as presented on the Agenda. With no further
business before the Council, the meeting was adjourned by Mayor Rafferty at 8:33 PM.
These minutes were considered and approved at the regular Council Meeting on May 28, 2024.
Hannah Lynch, City Clerk Rob Rafferty, Mayor
55
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 1D
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: May 28, 2024
TOPIC: Hiring Part-Time Rookery Activity Center Staff
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
The Council is being asked to approve the hiring of part-time Rookery Activity Center staff.
BACKGROUND
The recruiting process has identified candidates that will be a great addition to the staff at the
Rookery.
RECOMMENDATION
Staff recommends the Council approve the hiring of the part-time Rookery Activity Center staff
listed below:
First Name Last Name Position
Soren Wilkes Lifeguard
Carly McKinney Child Watch
Riley Wallace Lifeguard
Chad Prater Lifeguard
Start dates very based on position and training schedule.
ATTACHMENTS
None
56
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 1E
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: May 28, 2024
TOPIC: Consider Resolution No. 24-62, Authorizing the Issuance of a
Special Event Permit for the Minnesota Wheels of Honor Fallen
Hero Visit
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
The Council is being asked to consider approval of Resolution No. 24-62, authorizing the
issuance of a Special Event Permit for the Minnesota Wheels of Honor Fallen Hero Visit.
BACKGROUND
James Woodruff, Vice Chair and Road Captain of the Minnesota Wheels of Honor, has applied
for a Special Event Permit for the Fallen Hero Visit on Saturday, June 8, 2024.
The applicant is proposing to honor Fallen Hero, Shawn Silvera, by organizing a motorcycle ride
to visit the Shawn Silvera Memorial located at 699 Town Center Parkway.
The application has been reviewed by staff, including the Public Safety Department. Proof of
general liability insurance has been submitted by Minnesota Wheels of Honor to cover the
event.
The full application is on file in the Clerk’s Office for review.
RECOMMENDATION
Consider Resolution No. 24-62, Authorizing the Issuance of a Special Event Permit for the
Minnesota Wheels of Honor Fallen Hero Visit
ATTACHMENTS
Resolution No. 24-62
57
CITY OF LINO LAKES
RESOLUTION NO. 24-62
AUTHORIZING THE ISSUANCE OF A SPECIAL EVENT PERMIT FOR THE
MINNESOTA WHEELS OF HONOR FALLEN HERO VISIT
WHEREAS, James Woodruff, Vice Chair and Road Captain of the Minnesota Wheels of
Honor, has applied for a special event permit; and,
WHEREAS, the event plan includes a motorcycle ride to visit the Shawn Silvera Memorial
located at 699 Town Center Parkway; and,
WHEREAS, the Public Safety Department has reviewed plans for the event; and,
WHEREAS, proof of general liability insurance has been submitted by the Minnesota
Wheels of Honor to cover the event; and,
WHEREAS, EMT’s travel with the group and provide first aid if necessary; and,
WHEREAS, portable toilets will be available for use by attendees; and,
WHEREAS, city staff has reviewed the Special Event Permit application and plan for the
event for compliance with city ordinance and regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the
City Council authorizes issuance of a Special Event Permit to the Minnesota Wheels of Honor for
the event scheduled Saturday, June 8, 2024.
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
58
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 1F
STAFF ORIGINATOR: Hannah Lynch, Finance Director
MEETING DATE: May 28, 2024
TOPIC: 1st Quarter 2024 Financial Report
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
Staff has prepared the 1st Quarter 2024 Financial Report for Council’s review and approval.
BACKGROUND
Staff has reconciled all bank and investment account through March 31, 2024. The Quarterly
Financial Report contains unaudited information as follows:
• Investments Summary
• Cash Balance by Fund
• General Fund Budget to Actual
• Rookery Activity Center Fund Budget to Actual
• Water Fund Budget to Actual
• Sewer Fund Budget to Actual
• Storm Water Fund Budget to Actual
Each Budget to Actual analysis provides a summary of significant activity. Full general ledger
detail can be found on pages 10-23.
RECOMMENDATION
Consider approval of the 1st Quarter 2024 Financial Report.
ATTACHMENTS
1st Quarter 2024 Financial Report
59
1st Quarter 2024 Financial Report
60
City of Lino Lakes
Investments Summary
For the Quarter Ended March 31, 2024
Portfolio Characteristics YTD Performance
Market Value $47,468,887 Interest Earnings $351,527
Number of Investments 145 Unrealized Gain (Loss)$69,721
Average Maturity (Date)8/30/2026
Average Maturity (Years)2.34
Yield To Maturity (YTM)4.87%
54%
23%
15%
8%
Sector Distribution
Municipal Bonds Certificates of Deposit
Cash/Money Market Government/Agency Securities
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
2024 2025 2026 2027 2028 2029
Cash Flow Distribution
61
City of Lino Lakes
Cash Balance by Fund
For the Quarter Ended March 31, 2024
Cash Balance
101 General Fund 5,711,017$
202 Rookery Activity Center 48,316
203 Economic Development Authority 249,451
204 Cable TV & Communications 264,805
205 Blue Heron Days 5,494
207 State Narcotics Forfeiture 32,842
208 DUI Forfeitures 53,848
209 Forfeitures - Other 1,511
210 Federal Forfeiture - Treasury 12,624
211 K9 Unit 12,389
214 Public Safety Aid 557,152
301 Closed Bond 536,385
333 2009A G.O. Improvement Note -
337 2014A G.O. Improvement Bonds 279,742
338 2015A G.O. Bonds 458,347
339 2015 EDA Lease Revenue Bonds 128,907
340 2016A G.O. Capital Note 1,147
341 2016A G.O. Utility Revenue Bonds 271,010
344 2018A G.O. Bond 1,135,808
345 2020A G.O. Utility Revenue Bonds 278,337
346 2021A G.O. Street Reconstruction Bonds 21,743
401 Building and Facilities 1,854,798
402 Capital Equipment Replacement 931,034
403 Office Equipment Replacement 47,884
405 Dedicated Parks 1,324,500
406 Area & Unit Trunk 9,043,089
417 T.I.F District 1-10 1,246
418 T.I.F District 1-11 (1,772)
419 T.I.F District 1-12 273,377
420 Municipal State Aid (MSA)4,935,228
421 Pavement Management 134,501
422 Surface Water Management 1,980,894
423 Street Reconstruction 455,596
425 Park & Trail Improvements 238,026
430 T.I.F. District 1-13 1,182
484 Comp Plan Updates 18,172
487 Pheasant Run Reconstruction 46,290
488 2024 Street Reconstruction (63,449)
601 Water Operating 5,299,556
602 Sewer Operating 7,189,452
603 Storm Water Operating 370,305
801 Contractor Deposits 3,190,084
810 Foxborough Environmental & Stewardship 123,565
811 Preserve Environmental & Stewardship 14,456
47,468,887$
Fund
62
City of Lino Lakes
General Fund Budget to Actual (Unaudited)
For the Quarter Ended March 31, 2024 Percent
Received or
Expended
Budget Actuals Variance - Based on
Annual Thru Thru Favorable Budget Thru
Budget 03/31/2024 03/31/2024 (Unfavorable) 03/31/2024
Revenues
Property Taxes 10,429,606$ 2,607,402$ -$ (2,607,402)$ *- %
Other Taxes 185,000 46,250 38,472 (7,778) 83.2
Licenses and Permits 1,097,415 274,354 222,241 (52,113) 81.0
Intergovernmental Revenue 692,622 173,156 147,057 (26,099) 84.9
Charges For Services 456,325 114,081 100,141 (13,940) 87.8
Fines & Forfeits 76,000 19,000 25,864 6,864 136.1
Investment Income 30,000 7,500 60,811 53,311 (1) 810.8
Miscellaneous Revenue 32,000 8,000 8,251 251 103.1
Transfers In 20,000 5,000 20,000 15,000 400.0
Total Revenues 13,018,968 3,254,742 622,836 (2,631,906) 19.1
Expenditures
Mayor & Council 109,274 27,319 13,733 13,585 50.3
Administration 712,764 178,191 170,207 7,984 95.5
Elections 49,000 12,250 13,943 (1,693) 113.8
Charter Administration 8,920 2,230 - 2,230 -
Finance 748,840 187,210 167,761 19,449 89.6
Legal Consultants 138,000 34,500 36,963 (2,463) 107.1
Economic Development 98,135 24,534 10,941 13,592 44.6
Planning & Zoning 181,529 45,382 38,360 7,022 84.5
Engineering 97,463 24,366 12,384 11,982 50.8
Community Development 308,682 77,171 51,365 25,806 (2)66.6
Police 5,062,622 1,265,656 1,313,847 (48,192) 103.8
Fire 1,094,025 273,506 315,166 (41,660) 115.2
Building Inspections 537,078 134,270 110,119 24,151 82.0
Streets 1,146,013 286,503 233,255 53,248 81.4
Fleet Management 704,061 176,015 162,878 13,137 92.5
Government Buildings 624,081 156,020 192,687 (36,667) (3) 123.5
Parks 1,081,779 270,445 179,252 91,193 (4)66.3
Environmental 65,523 16,381 17,200 (819) 105.0
Solid Waste 87,417 21,854 12,244 9,610 56.0
Forestry 84,515 21,129 8,533 12,596 40.4
Other 229,247 57,312 150,000 (92,688) (5) 261.7
Total Expenditures 13,168,968 3,292,242 3,210,839 81,403 97.5
Revenues Over
(Under) Expenditures (150,000)$ (37,500)$ (2,588,003)$ (2,550,503)$
* Property tax settlements are received from Anoka County in July (with 70% advance in June) and December.
Item Explanation of items with variance greater than $15,000 and percentage less than 80% or greater than 120%
(1) Interest rates are favorable and surpassing budget expectations. Portfolio YTM is 4.87% compared to 4.49% at
March 31, 2023.
(2) Favorable variance due to Community Development Specialist vacancy; new position in the 2024 Budget that has yet to be filled.
63
City of Lino Lakes
General Fund Budget to Actual (Unaudited)
For the Quarter Ended March 31, 2024
(3) Unfavorable variance due to Building Insurance paid through August 2024 partially offset with a favorable variance in electricity.
(4) Favorable variance due to Temporaries, Utilities, and Contracted Services which are seasonal in nature (i.e. seasonal workers,
irrigation, portable restrooms, weed control, trail maintenance, etc.) and will be utilized throughout the Summer/Fall.
(5) Budgeted transfers are recorded in full each January slightly offset by a favorable contingency variance. Contingency does not
get any expenditures coded to it, instead that budget is allocated to other line items with budget amendments as needed.
64
City of Lino Lakes
Rookery Activity Center Fund Budget to Actual (Unaudited)
For the Quarter Ended March 31, 2024 Percent
Received or
Expended
Budget Actuals Variance - Based on
Annual Thru Thru Favorable Budget Thru
Budget 03/31/2024 03/31/2024 (Unfavorable) 03/31/2024
Revenues
Property Taxes 500,000$ 125,000$ -$ (125,000)$ *- %
Charges For Services 1,366,820 341,705 379,837 38,132 111.2
Investment Income - - 655 655 -
Miscellaneous Revenue 95,100 23,775 20,073 (3,702) 84.4
Total Revenues 1,961,920 490,480 400,564 (89,916) 81.7
Expenditures
Personal Services 1,291,354 322,839 273,910 48,928 84.8
Supplies 98,862 24,716 16,476 8,240 66.7
Services & Charges 307,108 76,777 86,740 (9,963) 113.0
Contractual Services 253,330 63,333 45,954 17,379 (1)72.6
Total Expenditures 1,950,654 487,664 423,080 64,584 86.8
Revenues Over
(Under) Expenditures 11,266$ 2,817$ (22,515)$ (25,332)$
* Property tax settlements are received from Anoka County in July (with 70% advance in June) and December.
Item Explanation of items with variance greater than $15,000 and percentage less than 80% or greater than 120%
(1) Favorable variance primarily a result of fees due to Endurance Fitness in accordance with the Professional Management Services
Agreement. The monthly fee is remitted within the applicable month, but the quarterly fee is remitted within 45 day of quarter end
(timing difference). The quarterly fee accounts for revenue sharing of personal training and spinning classes.
65
City of Lino Lakes
Water Fund Budget to Actual (Unaudited)
For the Quarter Ended March 31, 2024
Budget Actuals Prior Year Variance -
Annual Thru Thru Thru Favorable
Budget 03/31/2024 03/31/2024 03/31/2023 (Unfavorable)
Revenues
Water Hook Up Charge 41,250$ 10,313$ 7,000$ 5,250$ 1,750$
Water Meter Sales 100,000 25,000 17,116 25,010 (7,893)
Irrigation Controller Sales 5,000 1,250 45 140 (95)
Interest On Investments 50,000 12,500 39,105 30,237 8,868
Change in FV of Investments - - 7,769 52,599 (44,830) (1)
Miscellaneous Revenue 1,800 450 405 120 285
Flat Water Charge 601,760 150,440 137,268 95,156 42,112 (2)
Water Sales 1,450,533 362,633 184,633 174,132 10,501
Penalty 34,000 8,500 9,687 8,901 786
Total Revenues 2,284,343 571,086 403,028 391,545 11,483
Expenditures
Personal Services 415,378 103,845 86,577 85,800 (777)
Supplies 387,000 96,750 75,681 25,450 (50,231) (3)
Services & Charges 356,257 89,064 87,672 63,320 (24,352) (4)
Contractual Services 12,995 3,249 3,177 1,680 (1,496)
Capital Outlay 157,500 39,375 - (10,456) (10,456)
Transfers Out 731,760 182,940 - --
Total Expenditures 2,060,890 515,223 253,106 165,794 (87,312)
Revenues Over
(Under) Expenditures 223,453$ 55,863$ 149,922$ 225,751$ (75,829)$
Item Explanation of items with variance greater than $20,000
(1) Interest rates are favorable and surpassing budget expectations. Portfolio YTM is 4.87% compared to 4.49% at
March 31, 2023. A net unrealized gain on investments is still reported in the current year, although at a lesser amount
than the previous year due to stability in the interest rate.
(2) Increase in water rates combined with an increase in accounts. The Flat Water Charge increased from $15/Quarter/REU to
$20/Quarter/REU in Q1 2024 due to financing a Water Treatment Plant. In addition, there were 5,802 accounts in Q1 2024
compared to 5,637 in Q1 2023.
(3) The supply chain for water meters has continued to be delayed after the COVID-19 Pandemic. Meters are purchased when
available from the supplier.
(4) Unfavorable variance due to an increase in the cost of the MN Department of Natural Resources Appropriation Permit combined
with the legal costs for the contested permit.
66
City of Lino Lakes
Sewer Fund Budget to Actual (Unaudited)
For the Quarter Ended March 31, 2024
Budget Actuals Prior Year Variance -
Annual Thru Thru Thru Favorable
Budget 03/31/2024 03/31/2024 03/31/2023 (Unfavorable)
Revenues
Sewer Hook Up Charge 33,000$ 8,250$ 5,820$ 4,400$ 1,420$
Interest On Investments 80,000 20,000 53,398 52,705 693
Change in FV of Investments - - 10,734 89,666 (78,932) (1)
Sewer Sales 1,979,432 494,858 519,386 492,022 27,364 (2)
Penalty 30,000 7,500 8,581 8,114 467
Total Revenues 2,122,432 530,608 597,919 646,907 (48,987)
Expenditures
Personal Services 428,714 107,179 95,096 92,491 (2,606)
Supplies 90,200 22,550 18,383 5,712 (12,671)
Services & Charges 348,113 87,028 83,030 77,096 (5,935)
Contractual Services 1,373,738 343,435 438,461 388,841 (49,620) (3)
Capital Outlay 157,500 39,375 - - -
Total Expenditures 2,398,265 599,566 634,971 564,140 (70,831)
Revenues Over
(Under) Expenditures (275,833)$ (68,958)$ (37,052)$ 82,767$ (119,819)$
Item Explanation of items with variance greater than $20,000
(1) Interest rates are favorable and surpassing budget expectations. Portfolio YTM is 4.87% compared to 4.49% at
March 31, 2023. A net unrealized gain on investments is still reported in the current year, although at a lesser amount
than the previous year due to stability in the interest rate.
(2) Increase in sewer rates combined with an increase in accounts. 5,802 accounts in Q1 2024 compared to 5,637 in Q1 2023.
(3) Met Council Environmental Services Sewer Charges increased 10.78% in 2024.
67
City of Lino Lakes
Storm Water Fund Budget to Actual (Unaudited)
For the Quarter Ended March 31, 2024
Budget Actuals Prior Year Variance -
Annual Thru Thru Thru Favorable
Budget 03/31/2024 03/31/2024 03/31/2023 (Unfavorable)
Revenues
Interest On Investments 3,000$ 750$ 2,604$ 1,471$ 1,133$
Change in FV of Investments - - 400 3,067 (2,667)
Penalty 10,000 2,500 1,691 2,086 (395)
Storm Water Utility 536,470 134,118 116,550 113,716 2,834
Total Revenues 549,470 137,368 121,245 120,340 904
Expenditures
Personal Services 199,361 49,840 52,060 41,625 (10,435)
Supplies 24,000 6,000 487 - (487)
Services & Charges 45,150 11,288 3,636 4,178 541
Contractual Services 227,500 56,875 (13,678) 116,505 130,183 (1)
Capital Outlay 53,459 13,365 - - -
Total Expenditures 549,470 137,368 42,506 162,308 119,802
Revenues Over
(Under) Expenditures -$ -$ 78,738$ (41,968)$ 120,706$
Item Explanation of items with variance greater than $20,000
(1) Negative expense in current year due to reversal of 2023 Surface Water Management Project retainage at 12/31/2023 that has
yet to be paid to the contractor in 2024. Favorable variance due to timing difference in expenditures as projects are typically
completed in the winter spanning multiple fiscal years.
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 1G
STAFF ORIGINATOR: Hannah Lynch, Finance Director
MEETING DATE: May 28, 2024
TOPIC: Monetary Limits on Municipal Tort Liability
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
As a part of the annual insurance renewal process, the City Council is being asked by the League
of Minnesota Cities Insurance Trust to update the Liability Coverage Waiver Form.
BACKGROUND
The City of Lino Lakes has never waived its monetary limits on tort liability.
The decision to waive or not waive must be made annually by the City Council. The decision has
the following effects:
• If the member does not waive the statutory tort limits, an individual claimant could
recover no more than $500,000 on any claim to which the statutory tort limits apply.
The total all claimants could recover for a single occurrence to which the statutory tort
limits apply would be limited to $1,500,000. These statutory tort limits would apply
regardless of whether the member purchases the optional LMCIT excess liability
coverage.
• If the member waives the statutory tort limits and does not purchase excess liability
coverage, a single claimant could recover up to $2,000,000 for a single occurrence
(under the waive option, the tort cap liability limits are only waived to the extent of the
member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000).
The total all claimants could recover for a single occurrence to which the statutory tort
limits apply would also be limited to$2,000,000, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this
decision.
RECOMMENDATION
The City does not waive the monetary limits on municipal tort liability established by Minnesota
Statute 466.04.
83
ATTACHMENTS
Liability Coverage Waiver Form
84
LIABILITY COVERAGE WAIVER FORM
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to
the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made
annually by the member’s governing body, in consultation with its attorney if necessary. The decision has the
following effects:
•If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on
any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to
which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply
regardless of whether the member purchases the optional LMCIT excess liability coverage.
•If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could
recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived
to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total
all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to
$2,000,000, regardless of the number of claimants.
•If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a
single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,
regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name: __________________________________________________________________________
______________________________________________________________________________________________
Check one:
☐The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. §
466.04.
☐The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the
extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting:___________________________________________________________
Signature: _____________________________________________________________________________________
Position: _______________________________________________________________________________________
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust
(LMCIT) must complete and return this form to LMCIT before their effective date of coverage.
Email completed form to your city’s underwriter, to pstech@lmc.org, or fax to 651.281.1298.
85
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 1H
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: May 28, 2024
TOPIC: Consider Resolution No. 24-63, Authorizing the Issuance of a
Special Event Permit, On-Sale Temporary Liquor License, and
Cabaret License for St. Joseph’s Catholic Church
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
The Council is being asked to consider approval of Resolution No. 24-63, authorizing the
issuance of a Special Event Permit, On-Sale Temporary Liquor License and Cabaret License for
St. Joseph’s Catholic Church Summer Festival.
BACKGROUND
St. Joseph’s Catholic Church has applied for a Special Event Permit, On-Sale Temporary Liquor
License and Cabaret License for their summer festival scheduled for August 10-11, 2024.
The applicant is proposing to have food, games, a live band/music, fundraising activities, and a
bar at St. Joseph’s Church at 171 Elm Street.
The applications have been reviewed by staff, including the Public Safety Department. The
applicant will be required to submit proof of general liability insurance to cover all events held
on church property.
The full applications are on file in the Clerk’s Office for review.
RECOMMENDATION
Consider Resolution No. 24-63, Authorizing the Issuance of a Special Event Permit, On-Sale
Temporary Liquor License, and Cabaret License for St. Joseph’s Catholic Church
ATTACHMENTS
Resolution No. 24-63
86
CITY OF LINO LAKES
RESOLUTION NO. 24-63
AUTHORIZING THE ISSUANCE OF A SPECIAL EVENT PERMIT, ON-SALE
TEMPORARY LIQUOR LICENSE, AND CABARET LICENSE FOR ST. JOSEPH’S
CATHOLIC CHURCH
WHEREAS, St. Joseph’s Catholic Church has applied for a Special Event Permit, a Cabaret
License, and a Temporary On-Sale Liquor License for their annual summer festival on August 10-
11, 2024; and,
WHEREAS, the event plan includes two days of music, food, beverages, games, and
fundraising activities; and,
WHEREAS, proof of general liability insurance is required to be submitted by St. Joseph’s
Catholic Church to cover all events held on the church property; and,
WHEREAS, hired security will be onsite during the event and wristbands will be required
for any sale of alcoholic beverages; and,
WHEREAS, city staff has reviewed the applications, as well as the event site plan for
compliance with City ordinances and regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the
City Council authorizes the issuance of a Special Event Permit, Cabaret License, and Temporary
On-Sale Liquor License to St. Joseph’s Catholic Church for August 10-11, 2024.
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
87
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 1I
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
Diane Hankee, City Engineer
May 28, 2024
Consider Resolution No. 24-67 Approving Site Improvement
Performance Agreement, 455 Park Court (Fiji Cube)
Simple Majority
INTRODUCTION
Staff is requesting City Council consideration to approve the site improvement performance
agreement for 455 Park Court (Fiji Cube) project.
BACKGROUND
The City reviewed a land use application site and building plan for the Fiji Cube project to be
located at 455 Park Court. The 3.76 acre site is currently vacant commercial land. The plans
include a 32,644sf building office/warehouse building.
The proposed Fiji Cube plan meets ordinance and performance standards and staff
recommends approval of the project.
RECOMMENDATION
Staff is recommending the City Council approve Resolution 24-67 approving the site
improvement performance agreement for the Fiji Cube project.
ATTACHMENTS
1.Resolution No. 24-67
2.Project Location Map
3.Site Improvement Performance Agreement
88
CITY OF LINO LAKES
RESOLUTION NO. 24-67
APPROVING SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH FIJI CUBE
455 PARK COURT
WHEREAS, the City has completed review of the site and building plans for Fiji Cube; and
WHEREAS, the legal description of the property is Lot 1, Block 1, Marshan Lake
Industrial Park; and
WHEREAS, City Code Section 1007.020(5)(d) requires the execution of a site
performance agreement prior to issuance of a building permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the
Site Improvement Performance Agreement between the City of Lino Lakes and Fiji Cube, LLC is
hereby approved and the Mayor and City Clerk are authorized to execute such agreements on
behalf of the City.
Adopted by the Council of the City of Lino Lakes this 28th day of May, 2024.
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
89
90
Fiji Cube Site Performance Agreement page 1 of 11
CITY OF LINO LAKES, MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this _______ day of _______________, 2024,
is by and between the City of Lino Lakes, a municipal corporation organized
under the laws of the State of Minnesota, and Genice Management LLC (455
Park Court, Lino Lakes, MN 55014) “Developer”.
WHEREAS, the Developer has received approval of Site Development
Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 30th day of
April, 2024, and in accordance with the Plans all of which are made a part hereof
by reference. In consideration of such approval, the Developer, its successors
and assigns, does covenant and agree to perform the work as set forth in the
Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate
(hereinafter referred to as "Property") described as follows:
Lot 1, Block 1, Marshan Lake Industrial Park
NOW, THEREFORE, in consideration of the mutual promises of the
parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
I. DESIGNATION OF IMPROVEMENTS.
A. Improvements on the project site to be installed at the Developer’s
expense by the Developer as hereinafter provided are hereinafter
referred to as “On-site Work”.
B. Improvements off the project site to be installed at the Developer’s
expense, if any, by the Developer as hereinafter provided are
hereinafter referred to as “Off -Site Work”.
C. Developer shall enter into a Declaration for Maintenance of
Stormwater Facilities.
II. ON-SITE WORK.
A. On-Site Work. The On-Site Work shall consist of the improvements
described in the approved Plans, to include any approved
subsequent amendments, and shall be in compliance with all
applicable statutes, codes and ordinances of the City. The On-Site
Work includes all on-site exterior amenities as shown on the
approved Plans and as required by the plan approval, such as, but
not limited to: landscaping, private driveways, parking areas,
sanitary sewer extension, water system extension, storm drainage
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Fiji Cube Site Performance Agreement page 2 of 11
systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior
building architectural design and building elements, site grading
and erosion control measures.
Such improvements shall be completed in accordance with Section
IV herein.
B. Cost Estimates. The Developer shall provide the City with a written
estimate of all applicable costs of the On-Site Work, itemized by
type; the estimates shall be based upon the actual estimates
provided by the contractors who are to do the Work. Said cost
estimates shall be reviewed by the City, and the City shall establish
the actual amount of the financial guarantee. The description and
estimated cost of Developer's On-Site Work are as follows:
Description of Improvements Estimated
Costs
1. Lighting $ 13,500.00
2. Fences / Screen Structures $ 8,500.00
3. Trash Disposal Structures $ 0.00
4. Curbing / Islands / Delineators $ 36,600.00
5. Storm Drainage Systems / Sewers / Catch Basins
/ Culverts / Swales $ 70,000.00
6. Public Trails and / or Sidewalk $ 0.00
7. Private Trails and / or Sidewalk $ 0.00
8. Driveway / Curb cut / Parking Lot / Fire Lane $ 182,500.00
9. Water mains / Hydrants / Sanitary Sewers $ 70,000.00
10. Landscaping $ 60,000.00
11. Site Grading $ 180,000.00
12. Erosion Control $ 0.00
Total Estimated Cost of Developer Improvements $ 621,100.00
Security Requirement (Total * 35%) $ 217,385.00
III. DEVELOPER FEES.
A. Trunk Sanitary Sewer Connection Fees
The City established trunk utility connection fees to uniformly
distribute the costs of public trunk sanitary sewer infrastructure. The
Trunk Utility Connection Fee consists of two components; a Trunk
Charge and an Availability Charge.
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Fiji Cube Site Performance Agreement page 3 of 11
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or
at the time of hook-up, whichever is first. The Sanitary Sewer Trunk
Charge is $1,737.00 per unit. Commercial/Industrial/Institutional (CII)
trunk charges are based on a factor of 2.92 units per acre.
Availability Charge
For residential properties, the availability charge shall be paid at the
time of subdivision approval or at the time of hook-up, whichever is
first. Commercial/Industrial/Institutional availability charges shall be
paid at the time of building permit. Fees are based on the number
of sanitary access charge (SAC) units assigned by Metropolitan
Council Environmental Services (MCES).
City Sewer (CSAC) $1,626.00 Per SAC Unit
Trunk sewer unit charges addressed under this paragraph are in
addition to any SAC charges imposed by Metropolitan Council
Environmental Services.
B. Trunk Water Connection Fees
The City established trunk utility connection fees to uniformly
distribute the costs of public trunk water infrastructure. The Trunk
Utility Connection Fee consists of two components; a Trunk Charge
and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or
at the time of hook-up, whichever is first. The Water Trunk Charge is
$2,496.00 per unit. Commercial/Industrial/Institutional (CII) trunk
charges are based on a factor of 2.92 units per acre.
Availability Charge
For residential properties, the availability charge shall be paid at the
time of subdivision approval or at the time of hook-up, whichever is
first. Commercial/Industrial/Institutional availability charges shall be
paid at the time of building permit. Fees are based on the number
of sanitary access charge (SAC) units assigned by Metropolitan
Council Environmental Services (MCES).
City Water (CWAC) $1,570.00 Per SAC Unit
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Fiji Cube Site Performance Agreement page 4 of 11
C. Surface Water Management Area Charges
The City established a trunk area charge to uniformly distribute the
costs of public trunk surface water infrastructure and water quality
improvements. The Surface Water Management Charge shall be
based on developable acreage, in the amount specified in Exhibit
C.
Acre Fee
1. Sanitary Sewer Trunk Unit Fee ($1,737/unit; 2.92
units/Acre)
Paid
Previously
2. City Sewer Availability Fee ($1,626/SAC Unit) To be Paid
w/Building
Permit
3. Water Trunk Unit Fee ($2,496/unit; 2.92 units/Acre) Paid
Previously
4. City Water Availability Fee ($1,570/SAC Unit) To be Paid
w/Building
Permit
5. City Surface Water Management Fee ($/Acre) Paid
Previously
Total Estimated (Budget) Developer Fees w/Building
Permit
D. Metropolitan Council Environmental Services (MCES) Sewer
Availability Charges (SAC) are in addition to the fees referenced
above and shall be determined by MCES, and shall be paid with
the Building Permit.
IV. RECORD DRAWINGS.
A. Upon project completion, Developer shall submit record drawings,
in electronic format, of all public and private infrastructure
improvements, including grading, sanitary sewer, water main, storm
sewer facilities, and roads, constructed by Developer. The as-built
survey must include, but is not limited to, proposed and final
contours with adequate elevation shots to show conformance,
property irons (to be exposed in field), low floor and low opening
elevations, and the 100-Year High Water Level (HWL) of all ponds,
lakes, and wetland areas. The files shall be drawn in Anoka County
NAD 83 Coordinate system and provided in both AutoCAD .dwg and
Adobe .pdf file formats. The plans shall include accurate locations,
dimensions, elevations, grades, slopes and all other pertinent
information concerning the complete work. The Developer shall also
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Fiji Cube Site Performance Agreement page 5 of 11
submit certified compaction testing results for the site grading
operations.
B. A summary of the record plan attribute data for the storm sewer,
water main, and sanitary sewer structures and pipes shall be
submitted in the form of an Excel Spreadsheet as provided by the
City Engineer.
C. No securities will be fully released until all record drawings have
been submitted and accepted by the City Engineer.
V. COMPLETION DATE.
If the activities authorized by site and building plan approval are not
initiated within twelve (12) months from the final execution of this
agreement, then Developer will need to start the site and building
plan approval process from the beginning.
VI. GUARANTEE.
A. The Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer.
Concurrently with the execution hereof by the Developer, the
Developer will furnish to, and at all times thereafter maintain with
the City, a cash deposit, certified check, or Irrevocable Letter of
Credit, based on thirty-five (35%) percent of the total estimated cost
of Developer's On-site Work. An Irrevocable Letter of Credit shall
be for the exclusive use and benefit of the City of Lino Lakes and
shall state thereon that the same is issued to guarantee and assure
performance by the Developer of all the terms and conditions of this
Development Contract, construction of all required improvements in
accordance with the ordinances and specifications of the City and
guarantees the workmanship and materials for the landscape
improvements for a period of one year following the City’s
acceptance of the landscape improvements. The City reserves the
right to draw, in whole or in part, on any portion of the Irrevocable
Letter of Credit for the purpose of guaranteeing the terms and
conditions of this contract, if Developer has been found to be in
default of this agreement and only after providing Developer with
written notice and opportunity to cure any default. The Irrevocable
Letter of Credit shall be automatically extended for additional
periods of one year from present or future expiration dates unless
sixty (60) days prior to such the City Clerk or Administrator is
notified in writing by certified mail or overnight mail that the Letter of
Credit will not be renewed.
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Fiji Cube Site Performance Agreement page 6 of 11
B. Upon written request, The City will grant a reduction of the Letter of
Credit, or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested reduction.
The Developer may make such requests three times throughout the
life of this agreement, with the third and/or final request being at the
completion of the project. The City will respond to such request
within 30 days time. Prior to the final acceptance of the
Developer’s Improvements the City shall require a Letter of Credit
or Cash Escrow to cover the warranty provisions of the agreement.
The amount shall be agreed to by the City Engineer and Developer
and Developer may use the Letter of Credit discussed in Section
VI.A above.
VII. REIMBURSEMENT OF COSTS.
A. The Developer agrees to establish a non-interest bearing escrow
account with the City in an amount established by the City Engineer
or his designee for the payment of all City fees and costs incurred
by the City related to the On-site Work, including, but not limited to,
the following:
1. Site Plan Review Fee $5,500
2. Administration
(Legal, Engineering, Planning and Contract Administration) $23,900
3. Negative Short Term Escrow Balance $0
Total Estimated (Budget) Costs for Escrow Account $29,400
B. If it appears that the actual costs incurred will exceed the estimate
or that the actual costs incurred will be less than the estimate, then
Developer and City shall review the costs required to complete the
project. In such case, if the actual costs exceed the estimate, then
Developer shall promptly pay the additional sums to the City to pay
for the agreed upon increase. However, in such case where the
actual costs are less than the estimate, the City shall promptly
reimburse to Developer any amounts overpaid by the Developer.
The Developer may request a statement of the account each month
for review.
C. Intentionally Deleted.
VIII. REMEDIES FOR BREACH.
A. The City shall give prior written notice to the Developer of any
default hereunder before proceeding to enforce such financial
guarantee or before the City undertakes any work for which the City
will be reimbursed through the financial guarantee. If within twenty
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Fiji Cube Site Performance Agreement page 7 of 11
(20) days after receipt of such written notice to it, the Developer has
not notified the City by stating in writing the manner in which the
default will be cured and the time within which such default will be
cured, the City will proceed with the remedy it deems reasonably
appropriate.
B. At any time after the completion date and any extensions thereof, if
any of the work is deemed incomplete, the City may proceed in any
one or more of the following ways to enforce the undertakings
herein set forth, and to collect any and all expenses reasonably
incurred by the City in connection therewith, including, but not
limited to, engineering, legal, planning and litigation costs and
expense. The enumeration of the remedies hereunder shall be in
addition to any other remedies available to the City.
1. Specific Performance. The City may in writing direct the
surety or the Developer to cause the Work to be undertaken
and completed within a specified reasonable time. If the
Developer fails to cause the Work to be done and completed
in a manner and time reasonably acceptable to the City, the
City may proceed to bring an action for specific performance
to require work to be undertaken.
2. Completion by the City. The City, after written notice, may
enter the premises and proceed to have the Work done
either by contract, by day labor or by regular City forces. The
Developer may not question the manner of doing such work
or the letting of any such contracts for the doing of any such
work; provided that all such work is performed in a
reasonable manner, the costs are reasonable and the work
is completed in a good and workman-like manner and in
accordance with the approved plans and specifications.
Upon completion of such work, the Developer shall promptly
pay the City the full cost thereof as aforesaid.
3. Deposit of Financial Guarantee. In the event the financial
guarantee has been submitted in the form of a Letter of
Credit, the City may draw on the Letter of Credit the sum
equal to the reasonably estimated cost of completing the
Work, plus the City's reasonably estimated expenses as
defined herein, including any other reasonable costs,
expenses, and damages for which the surety may be liable
hereunder, but not exceeding the amount set forth on the
Letter of Credit. The money shall be deemed to be held by
the City for the purpose of reimbursing the City for any
reasonable costs incurred in completing the Work as
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Fiji Cube Site Performance Agreement page 8 of 11
hereinafter specified. Any funds remaining after completion
of the project shall be promptly returned to the Developer.
IX. OCCUPATION OF PREMISES.
The Developer agrees that it will not cause to be occupied any portion of
the building or improvements to be constructed upon the premises until
completion of the building and site improvements as more fully described
in the approved plans and following issuance of a Certificate of
Occupancy.
X. INSURANCE.
Developer or its general contractor shall take out and maintain until one
year after the City accepted the Developer Improvements, public liability
and property damage insurance covering personal injury, including death,
and claims for property damage which may arise out of the Developer's or
general contractor’s work, as the case may be, or the work of its
subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than Five Hundred
Thousand and no/100 ($500,000.00) Dollars for one person and One
Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for
property damage shall be not less than One Million and no/100
($1,000,000.00) Dollars for each occurrence; or a combination single limit
policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The
City, its employees, its agents and assigns shall be named as an
additional insured on the policy, and the Developer or its general
contractor shall file with the City a certificate evidencing coverage prior to
the City signing the plat. The certificate shall provide that the City must be
given ten days advance written notice of the cancellation of the insurance.
The certificate may not contain any disclaimer for failure to give the
required notice.
XI. REIMBURSEMENT FOR LITIGATION EXPENSES.
The City and Developer agree that the prevailing party in any litigation
pertaining to the enforcement of this Agreement shall be entitled
to reimbursement from the non-prevailing party for all reasonable costs
incurred by said prevailing party including court costs and reasonable
engineering and attorneys' fees.
XII. VALIDITY.
If a portion, section, subsection, sentence, clause, paragraph or phrase in
this Agreement is for any reason held to be invalid by a court of competent
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Fiji Cube Site Performance Agreement page 9 of 11
jurisdiction, such decision shall not affect or void any of the other
provisions of the Site Improvement Performance Agreement.
XIII. GENERAL.
A. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Property and shall be
deemed covenants running with the land.
B. Notices. Whenever in this Agreement it shall be required or
permitted that notice or demand be given or served by either party
to this Agreement to or on the other party, such notice or demand
shall be delivered personally or (i) mailed by United States mail by
certified mail (return receipt requested) or (ii) sent by nationally
recognized overnight carrier to the addresses hereinbefore set forth
on Page 1. Such notice or demand shall be deemed timely given
when delivered personally or when deposited in the mail or the
overnight carrier in accordance with the above. The addresses of
the parties hereto are as set forth on Page 1 until changed by
notices given as above.
C. Incorporation by Reference. All plans, special provisions,
proposals, specifications and contracts for the improvements
furnished and let pursuant to this Agreement shall be and hereby
are made a part of this Agreement by reference as fully as if set out
herein in full.
D. Hours of Construction Activity. Construction activity shall be limited
to the hours set out as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
XIV. VIOLATIONS/BUILDING PERMITS.
In the event that Developer violates any of the covenants and agreements
contained in this Site Improvement Performance Agreement and to be
performed by the Developer, the City, at its option, and after providing
written notice and opportunity to cure to Developer in addition to the rights
and remedies as set out hereunder may refuse to issue building permits to
any property within the development and/or stop building construction
within the development until such time as such default has been corrected
to the satisfaction of the City.
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Fiji Cube Site Performance Agreement page 10 of 11
CITY OF LINO LAKES
By _________________________
Mayor
ATTEST:
By_________________________
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of
____________, 2024, by Rob Rafferty as Mayor of the City of Lino Lakes on
behalf of said City.
_______________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of
____________, 2024 by Hannah Lynch as City Clerk of the City of Lino Lakes on
behalf of said City.
_______________________________
Notary Public
100
Fiji Cube Site Performance Agreement page 11 of 11
DEVELOPER
By _________________________
[Name/Owner of Developer]
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2024, before me, a Notary
Public within and for said County, personally appeared,
_______________________________, who executed the foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
101
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 3A
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: May 28, 2024
TOPIC: Appointment of Building Permit Technician
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
The City Council is being asked to approve the appointment of May Vang to the Building Permit
Technician position within the Community Development Department.
BACKGROUND
Staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Vang for the full-time position.
Vang has over 20 years of experience as a Permit Technician. She currently works for the Town
of Oro Valley in Arizona. Prior to that, she worked for the City of New Brighton in similar role for
over 10 years.
The starting wage for Vang will be at $31.22 per hour, which is Step 5 of a 6 step wage scale for
the Building Permit Technician position. With the Council’s approval, Vang would start in the
position on June 3, 2024.
The hiring of Vang will backfill the Building Permit Technician vacancy that was created on
March 15, 2024. The 2024 Adopted Budget includes one full-time Building Permit Technician.
RECOMMENDATION
Please approve the appointment of May Vang to the Building Permit Technician position.
ATTACHMENTS
None
102
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 3B
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: May 28, 2024
TOPIC: Appointment of Government Buildings Custodial Worker
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
The City Council is being asked to approve the appointment of Alison Gronning to the part-time
Custodial Worker position for Government Buildings within the Public Services Department.
BACKGROUND
Staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Gronning for the part-time position.
The wage for Gronning will be at $20.00 per hour, which is the starting rate for the Custodial
Worker position.
With the Council’s approval, Gronning would start in the part-time position on May 29, 2024.
RECOMMENDATION
Please approve the appointment of Alison Gronning to the Government Buildings Custodial
Worker position.
ATTACHMENTS
None
103
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 5A
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
Rick DeGardner, Public Services Director
May 28, 2024
Ordinance No. 09-24, Vacating Trail Easement on Shores
of Marshan Lake Plat
i.Public Hearing
ii.Consider 1st Reading of Ordinance No. 09-24
VOTE REQUIRED: 4/5
______________________________________________________________________________
INTRODUCTION
Staff is requesting City Council consideration of Ordinance No. 09-24 Vacating Trail Easement
on the Shores of Marshan Lake plat.
BACKGROUND
At the June 7, 2023 Park Board meeting, the Board discussed vacating the trail easement as
shown on the plat of Shores of Marshan Lake. The trail easement is located on Lots 1-14, Block
5, Shores of Marshan Lake. The property addresses range from 7200-7290 Stage Coach Trail.
The boardwalk has been removed and the trail easement is no longer needed. The Board
recommended to the City Council the trail easement be vacated.
Attached is the Park Board staff report and minutes that provide more background and
analysis.
RECOMMENDATION
Staff is recommending approval of the 1st Reading of Ordinance No. 09-24 Vacating Trail
Easement on Shores of Marshan Lake plat.
ATTACHMENTS
1.Ordinance No. 09-24
2.June 7, 2023 Park Board Staff Report
3.June 7, 2023 Park Board Minutes
104
CITY OF LINO LAKES
ORDINANCE NO. 09-24
TRAIL EASEMENT VACATION
SHORES OF MARSHAN LAKE
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate a TRAIL EASEMENT
(“Easement”) dedicated over, under, and across property legally described as follows:
Lots 1-14, Block 5, Shores of Marshan Lake, City of Lino Lakes, Anoka County, MN; and
2. The area of the vacated Easement is legally described as follows and is depicted on
Attachment A and Attachment B.
Attachment A -Trail Easement Vacation Exhibit (Lots 8-14, Block 5, Shores of Marshan Lake)
Description of Trail Easement area to be vacated (Doc. No. 1218320):
All that part of that particular trail easement, reserved in Doc. No. 1218320, and now to be
vacated, described as follows:
An easement for trail purposes over that part of Lot 11, Block 5, SHORES OF MARSHAN
LAKE, according to the recorded plat thereof, Anoka County, Minnesota, which lies within a
15.00 foot wide strip of land, the center line of which is described as follows:
Commencing at the southwest corner of Lot 13, Block 5, said SHORES OF MARSHAN
LAKE; thence South 89 degrees 03 minutes 42 seconds East, assumed bearing, along the
south line of said Lot 13, a distance of 124.39 feet; thence North 14 degrees 56 minutes
30 seconds East, a distance of 33.54 feet to the point of beginning of the center line to
be described; thence northeasterly to the southeast corner of Lot 4, Block 5, said
SHORES OF MARSHAN LAKE, and there terminating.
The side lines of said strip of land shall be lengthened or shortened to terminate on the
north line of Lot 8, Block 5, said SHORES OF MARSHAN LAKE and on the easterly line of the
trail easement in said Lot 13, as dedicated in said SHORES OF MARSHAN LAKE.
105
Description of Trail Easement area to be vacated (Doc. No. 1218321):
All that part of that particular trail easement, reserved in Doc. No. 1218321, and now to be
vacated, described as follows:
An easement for trail purposes over that part of Lot 12, Block 5, SHORES OF MARSHAN
LAKE, according to the recorded plat thereof, Anoka County, Minnesota, which lies within a
15.00 foot wide strip of land, the center line of which is described as follows:
Commencing at the southwest corner of Lot 13, Block 5, said SHORES OF MARSHAN
LAKE; thence South 89 degrees 03 minutes 42 seconds East, assumed bearing, along the
south line of said Lot 13, a distance of 124.39 feet; thence North 14 degrees 56 minutes
30 seconds East, a distance of 33.54 feet to the point of beginning of the center line to
be described; thence northeasterly to the southeast corner of Lot 4, Block 5, said
SHORES OF MARSHAN LAKE, and there terminating.
The side lines of said strip of land shall be lengthened or shortened to terminate on the
north line of Lot 8, Block 5, said SHORES OF MARSHAN LAKE and on the easterly line of the
trail easement in said Lot 13, as dedicated in said SHORES OF MARSHAN LAKE.
Description of Trail Easement area to be vacated (Doc. No. 1218322):
All that part of that particular trail easement, reserved in Doc. No. 1218322, and now to be
vacated, described as follows:
An easement for trail purposes over that part of Lot 13, Block 5, SHORES OF MARSHAN
LAKE, according to the recorded plat thereof, Anoka County, Minnesota, which lies within a
15.00 foot wide strip of land, the center line of which is described as follows:
Commencing at the southwest corner of Lot 13, Block 5, said SHORES OF MARSHAN
LAKE; thence South 89 degrees 03 minutes 42 seconds East, assumed bearing, along the
south line of said Lot 13, a distance of 124.39 feet to the point of beginning of the
center line to be described; thence Northeasterly to a point on the north line of said Lot
13, distant 166.00 feet easterly of the northwest corner of said Lot 13; thence
northeasterly to the southeast corner of Lot 4, Block 5, said SHORES OF MARSHAN LAKE,
and there terminating.
The side lines of said strip of land shall be lengthened or shortened to terminate on the
north line of Lot 8, Block 5, said SHORES OF MARSHAN LAKE and on the easterly line of the
trail easement in Lots 13 and 14, Block 5, said SHORES OF MARSHAN LAKE, as dedicated in
said plat.
106
Description of Trail Easement area to be vacated (Doc. No. 1218323):
All that part of that particular trail easement, reserved in Doc. No. 1218323, and now to be
vacated, described as follows:
An easement for trail purposes over that part of Lots 8 & 10, Block 5, SHORES OF MARSHAN
LAKE, according to the recorded plat thereof, Anoka County, Minnesota, which lies within a
15.00 foot wide strip of land, the center line of which is described as follows:
Commencing at the southwest corner of Lot 13, Block 5, said SHORES OF MARSHAN
LAKE; thence South 89 degrees 03 minutes 42 seconds East, assumed bearing, along the
south line of said Lot 13, a distance of 124.39 feet; thence North 14 degrees 56 minutes
30 seconds East, a distance of 33.54 feet to the point of beginning of the center line to
be described; thence northeasterly to the southeast corner of Lot 4, Block 5, said
SHORES OF MARSHAN LAKE, and there terminating.
The side lines of said strip of land shall be lengthened or shortened to terminate on the
north line of Lot 8, Block 5, said SHORES OF MARSHAN LAKE and on the easterly line of the
trail easement in said Lot 13, as dedicated in said SHORES OF MARSHAN LAKE.
Description of Trail Easement area to be vacated (Doc. No. 1218324):
All that part of that particular trail easement, reserved in Doc. No. 1218324, and now to be
vacated, described as follows:
An easement for trail purposes over the South 10 feet of the West 165.00 feet of Lot 14,
Block 5, SHORES OF MARSHAN LAKE, according to the recorded plat thereof, Anoka County,
Minnesota.
Description of Trail Easement area to be vacated (Doc. No. 1218325):
All that part of that particular trail easement, reserved in Doc. No. 1218325, and now to be
vacated, described as follows:
An easement for trail purposes over that part of Lot 9, Block 5, SHORES OF MARSHAN LAKE,
according to the recorded plat thereof, Anoka County, Minnesota, which lies within a 15.00
foot wide strip of land, the center line of which is described as follows:
Commencing at the southwest corner of Lot 13, Block 5, said SHORES OF MARSHAN
LAKE; thence South 89 degrees 03 minutes 42 seconds East, assumed bearing, along the
south line of said Lot 13, a distance of 124.39 feet; thence North 14 degrees 56 minutes
30 seconds East, a distance of 33.54 feet to the point of beginning of the center line to
107
be described; thence northeasterly to the southeast corner of Lot 4, Block 5, said
SHORES OF MARSHAN LAKE, and there terminating.
The side lines of said strip of land shall be lengthened or shortened to terminate on the
north line of Lot 8, Block 5, said SHORES OF MARSHAN LAKE and on the easterly line of the
trail easement in said Lot 13, as dedicated in said SHORES OF MARSHAN LAKE.
Attachment B – Trail Easement Vacation Exhibit (Lots 1-4, 13 and 14, Block 5, Shores of
Marshan Lake)
Description of Trail Easement area to be vacated:
All remaining trail easements in Lots 1, 2, 3, 4, 13 and 14, Block 5, SHORES OF MARSHAN LAKE,
according to the recorded plat thereof, Anoka County, Minnesota, as dedicated by said plat,
which were not previously vacated by Document No. 1182624, are now to be vacated.
3. A public hearing was held on May 28, 2024 before the City Council in the City Hall
Council Chambers after due published and posted notice had been given and reasonable
attempts were made to give personal notice to all affected property owners, and all
persons interested were given an opportunity to be heard; and
4. The Shores of Marshan Lake was platted in 1992. The boardwalk and trail within the plat
have been removed and the Easement is no longer needed; and
5. Resolution No. 95-89 (Document #1182624) previously vacated portions of the
Easement dedicated on the plat over Lots 4 -13, Block 5, Shores of Marshan Lake; and
6. It appears to be in the best interest of the City to vacate such Easement; and
7. This ordinance shall be recorded with Anoka County; and
8. Four-fifths of all members of the City Council concur with this ordinance.
Section 2: Easement Vacated
The Easement described herein is hereby vacated.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon filing of the Easement Vacation Ordinance.
Adopted by the Lino Lakes City Council this ____ day of ________________, 2024.
108
BY: ____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
109
Attachment A
Trail Easement Vacation Exhibit
(Lots 8-14, Block 5, Shores of Marshan Lake)
110
15 FT WIDE TRAIL EASEMENT
PER DOC. NO. 1218325
(LOT 9, BLOCK 5)
15 FT WIDE TRAIL EASEMENT
PER DOC. NO. 1218323
(LOTS 8 AND 10, BLOCK 5)
10 FT WIDE TRAIL EASEMENT
PER DOC. NO. 1218324
(LOT 14, BLOCK 5)
S89°03'42"E
124.39
N14°56'30"E
33.54
7.
5
7.
5
7.
5
SW CORNER OF
LOT 13, BLOCK 5
SE CORNER OF
LOT 4, BLOCK 5
165
10
MARSHAN
LAKE
D & U EASEMENT
PER PLAT OF SHORES
OF MARSHAN LAKE
15 FT WIDE TRAIL
EASEMENT PER
PLAT OF SHORES
OF MARSHAN LAKE
7.
5
15 FT WIDE TRAIL
EASEMENT PER
PLAT OF SHORES
OF MARSHAN LAKE
60
60
15 FT WIDE TRAIL EASEMENT
PER DOC. NO. 1218321
(LOT 12, BLOCK 5)
15 FT WIDE TRAIL EASEMENT
PER DOC. NO. 1218320
(LOT 11, BLOCK 5)
15 FT WIDE TRAIL EASEMENT
PER DOC. NO. 1218322
(LOT 13, BLOCK 5)
166.00
Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:Trail Easement Vacation Exhibit
Lots 8, 9, 10, 11, 12, 13 and 14, Block 5,
Shores of Marshan Lake
City of Lino Lakes, Minnesota
022154-000 4/23/2024
N
0
1 inch = 100 feet
100
Graphic Scale (feet)
TRAIL EASEMENT AREA TO BE VACATED
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Attachment A 111
Attachment B
Trail Easement Vacation Exhibit
(Lots 1-4, 13 and 14, Block 5, Shores of Marshan Lake)
112
MARSHAN
LAKE
D & U EASEMENT
PER PLAT OF SHORES
OF MARSHAN LAKE
15 FT WIDE TRAIL
EASEMENT PER
PLAT OF SHORES
OF MARSHAN LAKE
15 FT WIDE TRAIL
EASEMENT PER
PLAT OF SHORES
OF MARSHAN LAKE
60
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Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:Trail Easement Vacation Exhibit
Lots 1, 2, 3, 4, 13 and 14, Block 5,
Shores of Marshan Lake
City of Lino Lakes, Minnesota
022154-000 5/1/2024
N
0
1 inch = 120 feet
120
Graphic Scale (feet)
TRAIL EASEMENT AREA TO BE VACATED
TRAIL EASEMENT AREA PREVIOUSLY VACATED PER DOC. NO. 1182624
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Attachment B 113
DATE: June 7, 2023
TO: Park Board
FROM: Rick DeGardner, Public Services Director
RE: Easement Vacation – Shores of Marshan Lake Boardwalk
The boardwalk section in the Shores of Marshan development was built in 1995. The original
intent of the boardwalk was to continue northward resulting in an eventual circular loop around
Marshan Lake, but the concept was eventually abandoned.
The continued deterioration and heaving of the aging boardwalk sections became more of a safety
issue in 2017, with “Caution-Uneven Surface” signs being installed. In July 2019 Park Maintenance
staff placed barricades at both entrances, essentially closing down the Marshan Boardwalk.
Subsequently, the entire boardwalk section (approximately 700 feet), along with the bituminous
pathways leading to Stagecoach Trail, were removed in December 2020.
With the removal of the boardwalk and trail sections, there is no feasible plan to replace this trail
segment. Replacement costs would amount to well over $100,000. If no trail is ever envisioned or
needed, there is no need to retain the trail easements for public purposes. In order to vacate the
trail easements, the Park Board needs to approve a recommendation that the trail easements are,
“no longer needed for a public purpose.”
114
Mr. DeGardner gave a summary of his written report that the Lyngblomsten
development recently constructed paved trail connecting to the existing trail segment
near Woodridge Lane. The existing 200 feet of trail is in poor condition and is being
replaced.
7. UNFINISHED BUSINESS
Mr. Gooder stated a few residents from the Pheasant Hills development stated a 12-foot
section of a trail has risen about six inches and people can’t cross the roots. Mr.
DeGardner stated he has been in contact with a resident, and the cottonwood trees are
located on the HOA side. The city will have to work with the HOA.
Mr. Gooder also stated that there is a trail along Birch Street where the trees need to be
trimmed. Mr. DeGardner said he would look into this.
Mr. Cutts asked for any updates about when the bridge behind Rice Lake Elementary will
be open. Mr. DeGardner stated that it is an Anoka County project.
8. NEW BUSINESS
A. Easement Vacation – Shores of Marshan Lake Boardwalk
Mr. DeGardner gave a summary of his written report. The boardwalk section in the
Shores of Marshan development was built in 1995. The original intent of the boardwalk
was to continue northward resulting in an eventual circular loop around Marshan Lake,
but the concept was eventually abandoned.
The continued deterioration and heaving of the aging boardwalk sections became more of
a safety issue in 2017, with “Caution-Uneven Surface” signs being installed. In July 2019
Park Maintenance staff placed barricades at both entrances, essentially closing down the
Marshan Boardwalk. Subsequently, the entire boardwalk section (approximately 700
feet), along with the bituminous pathways leading to Stagecoach Trail, was removed in
December 2020.
With the removal of the boardwalk and trail sections, there is no feasible plan to replace
this trail segment. Replacement costs would amount to well over $100,000. If no trail is
ever envisioned or needed, there is no need to retain the trail easements for public
purposes. In order to vacate the trail easements, the Park Board needs to approve a
recommendation that the trail easements are, “no longer needed for a public purpose.”
Mr. Termont moved to vacant the Shores of Marshan Lake Boardwalk Easement. Motion
seconded by Mr. Gooder. Motion carried 6 – 0.
B. Discuss 2024 Goals
115
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6A
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
Diane Hankee, City Engineer
May 28, 2024
Ordinance No. 06-24, Vacating Drainage & Utility Easement,
202 Elm Street
i.Consider 2nd Reading of Ordinance No. 06-24
ii.Consider Resolution No. 24-54, Approving Summary
Publication of Ordinance No. 06-24
VOTE REQUIRED: 4/5
_____________________________________________________________________________
INTRODUCTION
Staff is requesting City Council consideration of the 2nd Reading of Ordinance No. 06-24,
vacating Drainage and Utility easement, Lot 1, Block 1, Bald Eagle Addition.
BACKGROUND
202 Elm Street a residential parcel owned by, John Grattan III. The property owner submitted
a land use application requesting the vacation, of a portion, of a drainage easement on their
property.
The drainage and utility easement was dedicated to the City of Lino Lakes with the 2021 Bald
Eagle Addition plat. The easement is intended to perpetuate drainage across the parcel. The
current owner would like to vacate a portion of the easement area where there is an existing
concrete pad. He plans to construct a 16X20’ building in this location. The City doesn’t allow
for structures larger than 120 sf within drainage and utility easements. The property owner
would like to vacate the easement so their property is in compliance.
The Drainage and Utility Easement Vacation Description Sketch prepared by EG Rud and Sons,
Inc. received on April 18, 2024 details the proposed drainage and utility area to be vacated
where the existing concrete slab is located.
RECOMMENDATION
116
Staff is recommending approval of the 2nd Reading of Ordinance No. 06-24 Vacating Drainage
& Utility Easements, Lot 1, Block 1, Bald Eagle Addition and Resolution 24-54 Approving
Summary Publication of Ordinance 06-24.
ATTACHMENTS
1. Ordinance No. 06-24
2. Drainage and Utility Easement Vacation Description Sketch
3. Resolution 24-54
117
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 06-24
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(202 ELM STREET, LOT 1, BLOCK 1, BALD EAGLE ADDITION,
ANOKA COUNTY, MINNESOTA.)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate a portion of the drainage
and utility easement dedicated over, under, and across that part of Lot 1, Block
1, BALD EAGLE ADDITION, Anoka County, Minnesota, described as follows:
That part of the drainage and utility easement dedicated on Lot 1, Block 1, BALD
EAGLE ADDITION, Anoka County, Minnesota, which lies within the westerly 5
feet of the easterly 10 feet, of the northerly 25 feet of the southerly 30 feet of
said Lot 1, Block 1.
AND
That part of the drainage and utility easement dedicated on Lot 1, Block 1, BALD
EAGLE ADDITION, Anoka County, Minnesota, which lies within the northerly 5
feet of the southerly 10 feet, of the westerly 20 feet of the easterly 25 feet of
said Lot 1, Block 1.
2. A public hearing was held on May 13, 2024 before the City Council in the City
Hall Council Chambers after due published and posted notice had been given
and reasonable attempts were made to give personal notice to all affected
property owners, and all persons interested were given an opportunity to be
heard; and
3. It appears to be in the best interest of the City to vacate such drainage and utility
easements; and
4. The Drainage and Utility Easement Vacation shall be recorded through Anoka
County Recorder’s Office; and
5. Four-fifths of all members of the City Council concur with this ordinance.
118
Section 2: Easement Vacated
The drainage and utility easement legally described herein and shown on Attachment A
is hereby vacated.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter and upon filing of the Drainage and Utility
Easement Vacation for Lot 7, Block 1, OTTER BAY.
Adopted by the Lino Lakes City Council this 28th day of May, 2024.
____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
119
ATTACHMENT A
120
121
CITY OF LINO LAKES
RESOLUTION NO. 24-54
APPROVING A SUMMARY OF ORDINANCE NO. 06-24 FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 06-24, vacating a drainage & utility
easement on Lot 1, Block 1, Bald Eagle Addition; and
WHEREAS, the City Council approved the first reading on May 13, 2024, and the second
reading and final passage on May 28, 2024; and
WHEREAS, Ordinance No. 06-24 is lengthy and MN statute 412.191 allows the city to
publish a summary of an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the public
of the intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full
printed copy of the ordinance is available at City Hall.
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino
Lakes, Minnesota that the City Council approves the summary in Attachment A for publication
according to state law and the City Charter.
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
122
ATTACHMENT A
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 06-24
AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
Section 1: Findings
The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility
easement dedicated over, under, and across Lot 1, Block 1, Bald Eagle Addition; and
A public hearing was held on May 13, 2024 before the City Council in the City Hall Council
Chambers after due published and posted notice had been given and a reasonable attempts
were made to give personal notice to all affected property owners, and all persons interested
were given an opportunity to be heard; and
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon recording of the Drainage and Utility Easement
Vacation.
Passed by the Lino Lakes City Council on May 28, 2024.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall.
123
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6B
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
Diane Hankee, City Engineer
May 28, 2024
Ordinance No. 08-24, Vacating Drainage & Utility
Easement, 6590 12th Avenue
i.Consider 2nd Reading of Ordinance No. 08-24,
ii.Consider Resolution No. 24-55, Approving Summary
Publication of Ordinance No. 08-24
VOTE REQUIRED: 4/5
_____________________________________________________________________________
INTRODUCTION
Staff is requesting City Council consideration of the 2nd Reading of Ordinance No. 08-24,
vacating Drainage and Utility easement, Water Treatment Plant (6590 12th Avenue).
BACKGROUND
The Water Treatment Plant (6590 12th Avenue) parcel was purchased by the City in 2023 for
the purpose of constructing a new Water Treatment Plant that would be located near the
City’s existing transmission lines and municipal water supply wells.
The site has an existing drainage and utility easement that was dedicated to the City of Lino
Lakes in 1991 for the purpose of extending sanitary sewer and watermain to serve
development to the east. With the Water Treatment Plant project the sanitary sewer and
watermain will be re-routed and the Water Treatment Plant building will be constructed in the
center of the site. The easement will no longer be needed.
The Drainage and Utility Easement Vacation Description Sketch prepared by WSB LLC. and
dated April 17, 2024 details the proposed drainage and utility area to be vacated.
RECOMMENDATION
124
Staff is recommending approval of the 2nd Reading of Ordinance No. 08-24 Vacating Drainage
& Utility Easements, Water Treatment Plant (6590 12th Avenue) and Resolution 24-55
Approving Summary Publication of Ordinance 08-24.
ATTACHMENTS
1. Ordinance No. 08-24
2. Drainage and Utility Easement Vacation Description Sketch
3. Resolution 24-55
125
CITY OF LINO LAKES
ORDINANCE NO. 08-24
UTILITY EASEMENT VACATION
(6590 12TH AVENUE)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate a utility easement (“Easement”)
dedicated over, under, and across property legally described as follows:
That part of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota
which lies within the Northeast Quarter of the Southeast
Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota.
AND ALSO
That part of the following described tract:
The Northeast Quarter of the Southeast Quarter of Section 28, Township 31, Range 22,
Anoka County, Minnesota, EXCEPTING ALL that part
of Anoka County Highway right-of-way Plat No. 11, Anoka County, Minnesota, and
EXCEPTING ALL that part of the Northeast Quarter of the
Southeast Quarter of Section 28, Township 31 North, Range 22 West, Anoka County,
Minnesota, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter
of said Section 28; thence South 89 degrees 56
minutes 28 seconds West, 835.00 feet along the Northerly line of said Northeast
Quarter of the Southeast Quarter (basis for bearings);
thence South 00 degrees 03 minutes 32 seconds East, 88.66 feet to the Southerly right-
of-way line of County State Aid Highway No. 10
according to the Anoka County Highway right-of-way Plat No. 11, as recorded in the
Anoka County Recorder's Office in and for said Anoka
County, and said point also being the point of beginning; thence continuing South 00
degrees 03 minutes 32 seconds East, 207.22 feet;
thence South 89 degrees 56 minutes 28 seconds West, 208.00 feet; thence North 00
degrees 03 minutes 32 seconds West, 212.27 feet to
said Southerly right-of-way of County State Aid Highway No. 10; thence Easterly along
said Southerly right-of way, 208.06 feet along the
arc of a non-tangential curve concave to the North having a central angle of 01 degrees
02 minutes 06 seconds, a radius of 11,519.16 feet,
a chord bearing of South 88 degrees 40 minutes 07 seconds East, and a chord distance
of 208.06 feet to the point of beginning.
Which lies easterly and northerly of the following described line:
126
Beginning at the aforementioned point of beginning; thence South 00 degrees 03
minutes 32 seconds East, 207.22 feet; thence South 76
degrees 18 minutes 03 seconds East, 320.00 feet; thence South 70 degrees 03 minutes
01 seconds East, 556.80 feet, more or less, to the
East line of said Northeast Quarter of the Southeast Quarter and said line there
terminating.
2. The legal description of the vacated Easement is legally described as follows and shown
in Attachment A-Easement Vacation Exhibit.
All of the easements, reserved in Doc. No. 944368, and now to be vacated, described as
follows:
A 30.00 foot perpetual easement and a 150.00 foot temporary construction easement for
the purpose of construction, operation and maintenance of underground utilities over,
under and across the following described property:
The Northeast Quarter of the Southeast Quarter (N.E. 1/4 of S.E. 1/4) of Section 28,
Township 31, Range 22, Anoka County, Minnesota, except Parcel 40, Anoka County
Highway Right-Of-Way Plat No. 11.
Said perpetual easement being 15.00 feet on each side of the following described line, and
said temporary construction easement being 45.00 feet to the right and 105 feet to the left
of the following described line. Said line is described as follows:
Commencing at the East Quarter corner of Section 28, Township 31, Range 22; thence
southerly along the East line of Section 28, a distance of 275.00 feet; thence westerly
along a line 275.00 feet South of, and parallel to the North line of the Southeast Quarter
of Section 28, a distance of 33.00 feet to the beginning of the line to be described;
thence continuing westerly along the prolongation of said line, a distance of 30.00 feet,
and said line there terminating.
Together with a 30.00 foot perpetual easement and a 45.00 foot temporary construction
easement for the purpose of construction, operation and maintenance of underground
utilities over, under and across the above described property. Said Perpetual easement
being 15.00 feet on each side of the following described line, and said temporary
construction easement being 45.00 feet to the right of the following described line. Said
line is described as follows:
Beginning at the terminus of the above described line; thence continuing westerly along
the prolongation of said line, a distance of 140.76 feet, and said line there terminating.
127
Together with a 30.00 foot perpetual easement and a 35.00 foot temporary construction
easement for the purpose of construction, operation and maintenance of underground
utilities over, under and across the first described property. Said Perpetual easement being
15.00 feet on each side of the following described line, and said temporary construction
easement being 35.00 feet to the right of the following described line. Said line is described
as follows:
Beginning at the terminus of the above described line; thence deflecting to the right 76
degrees 08 minutes 07 seconds from the westerly prolongation of the last described
line, a distance of 190.55 feet, more or less, to the South line of Parcel 40, Anoka County
Highway Right-Of-Way Plat No. 11, and said line there terminating.
The sidelines of said easements are prolonged or shortened to form a vertex at deflection
points and to terminate on the West line of the 12th Avenue roadway easement and on the
South line of Parcel 40, Anoka County Highway Right-Of-Way Plat No. 11.
Said temporary easement expires on November 1, 1992.
3. A public hearing was held on May 13, 2024 before the City Council in the City Hall
Council Chambers after due published and posted notice had been given and reasonable
attempts were made to give personal notice to all affected property owners, and all
persons interested were given an opportunity to be heard; and
4. It appears to be in the best interest of the City to vacate such Easement; and
5. This ordinance shall be recorded with Anoka County; and
6. Four-fifths of all members of the City Council concur with this ordinance.
Section 2: Easement Vacated
The Easement described herein is hereby vacated.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon filing of the Easement Vacation Ordinance.
128
Adopted by the Lino Lakes City Council this ____ day of ________________, 2024.
BY: ____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
129
ATTACHMENT A
Easement Vacation Exhibit
130
NE CORNER OF THE
NE 1/4 OF THE SE 1/4
OF SEC. 28, T. 31, R. 22
30 FT WIDE
UTILITY EASEMENT
PER DOC. NO. 944368
27
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S LINE OF PARCEL 40,
ANOKA COUNTY HIGHWAY
RIGHT-OF-WAY PLAT NO. 11S'LY ROW LINE OF C.S.A.H. NO. 10
PER ANOKA COUNTY HIGHWAY
RIGHT-OF-WAY PLAT NO. 11
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EXISTING 30 FT WIDE UTILITY EASEMENT PER DOC. NO. 944368 TO BE VACATED
Prepared by:WSB Project No.Date:Utility Easement Vacation Exhibit
PID: 28-31-22-41-0005
Address: 6590 12th Ave
City of Lino Lakes, Minnesota
021336-000 4/17/2024
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131
CITY OF LINO LAKES
RESOLUTION NO. 24-55
APPROVING A SUMMARY OF ORDINANCE NO. 08-24 FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 08-24, vacating a drainage & utility
easement at the Water Treatment Plant (6590 12th Avenue) site; and
WHEREAS, the City Council approved the first reading on May 13, 2024, and the second
reading and final passage on May 28, 2024; and
WHEREAS, Ordinance No. 08-24 is lengthy and MN statute 412.191 allows the city to
publish a summary of an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the public
of the intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full
printed copy of the ordinance is available at City Hall.
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino
Lakes, Minnesota that the City Council approves the summary in Attachment A for publication
according to state law and the City Charter.
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
132
ATTACHMENT A
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 08-24
AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
Section 1: Findings
The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility
easement dedicated over, under, and across Water Treatment Plant (6590 12th Avenue) site;
and
A public hearing was held on May 13, 2024 before the City Council in the City Hall Council
Chambers after due published and posted notice had been given and a reasonable attempts
were made to give personal notice to all affected property owners, and all persons interested
were given an opportunity to be heard; and
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon recording of the Drainage and Utility Easement
Vacation.
Passed by the Lino Lakes City Council on May 28, 2024.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall.
133
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6C
STAFF ORIGINATOR: Diane Hankee, PE City Engineer
MEETING DATE: May 28, 2024
TOPIC: 2024 Rejuvenator Project
i. Consider Resolution No. 24-57, Rescinding Resolution No.
24-37, Accepting Bids, Awarding a Construction Contract
ii. Consider Resolution No. 24-58, Rejecting Bids and
Authorizing Re-Bidding
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
Staff is requesting Council approval to rescind the acceptance of bids and construction contract
award for the 2024 Rejuvenator Project. Staff is also requesting Council reject bids and
authorize re-bidding.
BACKGROUND
On March 25th, 2024 the City Council ordered the project and authorized the advertisement for
bid for the 2024 Rejuvenator Project. On April 22nd, 2024 the City Council accepted bids, and
awarded a construction contract for the 2024 Rejuvenator Project.
The rejuvenator maintenance project includes the following:
Area A: 4th Ave
Area B: Forsham Lake Dr, Stage Coach Tr, Post Rd
Area C: W Shadow Lake, Shadow Ct , Sandpiper Dr,
Area D: Fox Rd
Area E: Joyer Ln, Karth Rd, Talle Ln, Canfield, Gaage Ln
Area F: Dogwood St, Ivywood Ave, Butternut St
Area G: 21st Ave, Crane Dr, Balsam Way, Diamond Ln, Forest, Eden Cir, Emily Cir,
Watermark Way, Harriet Ln, Geneva Ct, Itasca Cir, Johanna Cir, Cass Dr, Ada Dr, Bay Dr,
Jasper Ct, Island Ct, Heron Ct, Gull Dr, Dora Dr, Elmo Ct, Fall Dr
Bids were received on Wednesday, April 17, 2024. A total of 2 bids were received and are
summarized in the following table:
134
Contractor Base Bid
Allied Blacktop Company $110,464.00
Corrective Asphalt Materials $191,109.00
The low bid was submitted by Allied Blacktop Company in the amount of $110,464.00 which is
within the planned budget and was awarded. The project is still within the 60 day bid holding
period and the contracts have not been executed.
After bids were accepted and the construction contract was awarded, it was determined that
the low bidder’s materials did not meet the specifications. After conversations with the low
bidder and their materials supplier, they agree they do not meet specifications and understand
the City’s need to reject bids.
New rejuvenator products are coming into the market making it a more competitive. For a long
time Corrective Asphalt Materials was the only rejuvenator contractor. The City of Lino Lakes
and most Cities use MnDOT specifications as a basis for bidding and constructing road projects.
During the time of bidding this project, MnDOT provided specifications that opened up the
rejuvenator sources to additional contractors. This is after years of MnRoad testing and
evaluation.
Staff plans to use the new MnDOT specifications and rebid the project. After talking with both
contractors, that bid the 2024 Rejuvenator Project, they understood the City’s plan to rebid
under the new specifications. The City will not be charged for rebidding services.
RECOMMENDATION
Staff is recommending approval of Resolution No. 24-57, Rescinding Resolution No. 24-37
Accepting Bids, Awarding a Construction Contract for the 2024 Rejuvenator Project.
Staff is recommending approval of Resolution No. 24-58, Rejecting Bids and Authorizing Re-
Bidding.
ATTACHMENTS
1. Resolution No. 24-57
2. Resolution No. 24-58
3. Project Location Map
135
CITY OF LINO LAKES
RESOLUTION NO. 24-57
RESOLUTION RESCINDING RESOLUTION 24-37 ACCEPT BIDS, AWARDING A
CONSTRUCTION CONTRACT, 2024 REJUVENATOR PROJECT
WHEREAS, pursuant to an advertisement for bids for the construction of the 2024
Rejuvenator Project, bids were received, opened and tabulated according to law, and the
following bids were received; and
WHEREAS, on April 22nd, 2024 the City Council accepted bids, and awarded a
construction contract for the 2024 Rejuvenator Project; and
WHEREAS, the project is within the 60 day bid holding period and the Contract has not
been executed; and
WHEREAS, it was determined that the low bidder’s materials did not meet the project
specifications; and
WHEREAS, the City Council finds that it would be in the best interest of the city to
rescind Resolution No. 24-37 accepting bids and awarding a construction contract for the 2024
Rejuvenator Project. The low bidder has agreed to the revision,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota hereby
rescinds Resolution No. 24-37 entering into a contract with Allied Blacktop Company in the amount
of $110,464.00 for the construction of the 2024 Rejuvenator Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED The City Clerk is hereby authorized and
directed to return forthwith to all bidder the Bid Bonds made with their bids.
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
Contractor Base Bid
Allied Blacktop Company $110,464.00
Corrective Asphalt Materials $191,109.00
136
___________________________
Hannah Lynch, City Clerk
137
CITY OF LINO LAKES
RESOLUTION NO. 24-58
RESOLUTION REJECTING BIDS AND AUTHORIZING RE-BIDDING, 2024
REJUVENATOR PROJECT
WHEREAS, on April 22nd, 2024 the City Council accepted bids, and awarded a
construction contract for the 2024 Rejuvenator Project; and
WHEREAS, it was determined that the low bidder’s materials did not meet the project
specifications and on March 28, 2024 the City Council Rescinded Resolution No. 24-37
accepting bids and awarding a construction contract for the 2024 Rejuvenator Project; and
WHEREAS, the project is within the 60 day bid holding period and the low bidder has
agreed to the revision; and
WHEREAS, the City Council finds that it would be in the best interest of the city to reject
all bids and authorize re-bidding of the 2024 Rejuvenator Project,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes rejects bids for the
2024 Rejuvenator Project.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of Lino Lakes
authorizes re-bidding of the 2024 Rejuvenator Project.
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
138
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City of Lino Lakes, Minnesota
2024 Reclamite Project
Reclamite
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Sheet 2
2024 Rejuvenator
CRF
139
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6D
STAFF ORIGINATOR: Diane Hankee, PE City Engineer
MEETING DATE: May 28, 2024
TOPIC: Decorative Lighting for the CSAH 49/CRJ Roundabout Project
i.Consider Approval of Resolution No. 24-56, Accepting
Bids, Awarding a Construction Contract
ii.Consider Resolution No. 24-68, Approving Construction
Services Contract with WSB LLC
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
Staff is requesting Council approval to accept bids and award a construction contract for the
Decorative Lighting at the CSAH 49/CRJ Roundabout Project.
BACKGROUND
The City’s Gateway Design for the CSAH 49 (Hodgson Road) and CR J (Ash Street) improvement
project includes decorative lighting. On April 22nd, 2024 the City Council ordered the project and
authorized the advertisement for bid for the Decorative Lighting at the CSAH 49/CRJ Roundabout
Project.
Bids were received on Friday, May 17, 2024. A total of 4 bids were received and are
summarized in the following table:
Contractor Total Bid
Killmer Electric Company, Inc. $127,776.00
Granite Ledge Electrical Contractors, Inc. $137,135.00
NEI Electric, Inc. $150,912.00
Egan Company $164,782.50
140
The low bid was submitted by Killmer Electric Company, Inc. in the bid amount of $127,776.00
which is within the planned budget and is being recommended for award. Killmer Electric is a
subcontractor on the CSAH 49/CRJ Roundabout Project.
The project is funded through a combination of developer contributions and municipal state aid
streets funds.
The estimated schedule for the project is as follows:
Order Improvement, Approve Plans & Specs, and Authorize Ad for Bids April 22. 2024
City Council Awards Contract May 28, 2024
Construction Begins June, 2024
Completion September 31, 2024
WSB LLC has submitted a proposal to complete the construction services for the Decorative
Lighting at the CSAH 49/CRJ Roundabout Project in the amount of $12,660.00.
RECOMMENDATION
Staff recommends adoption of Resolution No. 24-56, Accepting the Bid and Awarding a
Construction Contract for Decorative Lighting at the CSAH 49/CRJ Roundabout Project in the
amount of $127,776.00 to Killmer Electric Company, Inc, and adoption of Resolution No. 24-68,
Approving the Construction Services Contract with WSB LLC. for the Decorative Lighting at the
CSAH 49/CRJ Roundabout Project, in the amount of $12,660.00.
ATTACHMENTS
1. Resolution No. 24-56 & 24-68
2. Project Location Map
3. Bid Summary
4. WSB LLC. Proposal
141
CITY OF LINO LAKES
RESOLUTION NO. 24-56
RESOLUTION ACCEPT BIDS, AWARDING A CONSTRUCTION CONTRACT,
DECORATIVE LIGHTING AT THE CSAH 49/CR J ROUNDABOUT PROJECT
WHEREAS, pursuant to an advertisement for bids for the construction of the Decorative
Lighting at the CSAH 49/CRJ Roundabout Project, bids were received, opened and tabulated
according to law, and the following bids were received complying with the advertisement; and
Contractor Total Bid
Killmer Electric Company, Inc. $127,776.00
Granite Ledge Electrical Contractors, Inc. $137,135.00
NEI Electric, Inc. $150,912.00
Egan Company $164,782.50
WHEREAS, it appears that Killmer Electric Company, Inc. is the lowest responsible bidder;
and
WHEREAS, the City Council finds that it would be in the best interest of the city to
proceed with the project,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with
Killmer Electric Company, Inc. in the amount of $127,776.00 by the name of the City of
Lino Lakes for the construction of the Decorative Lighting at the CSAH 49/CRJ
Roundabout Project according to the plans and specifications approved by the City Council
and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidder the Bid
Bonds made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
142
Adopted by the City Council of the City of Lino Lakes this 28th day of May, 2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
143
CITY OF LINO LAKES
RESOLUTION NO. 24-68
APPROVING THE CONSTRUCTION SERVICES CONTRACT
DECORATIVE LIGHTING AT THE CSAH 49/CR J ROUNDABOUT PROJECT
WHEREAS, pursuant to the City Council awarding a construction contract to Killmer
Electric Company, Inc in the amount of $127,776.00, on April 22nd, 2024; and
WHEREAS, WSB LLC has submitted a proposal to complete the construction services for
the Decorative Lighting at the CSAH 49/CRJ Roundabout Project in the amount of $12,660.00;
and
WHEREAS, the City Council finds that it would be in the best interests of the City to
proceed with the construction oversight and administration,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, the Mayor
and Clerk are hereby authorized and directed to enter into a contract with WSB LLC, in the name
of the City of Lino Lakes for the construction services of the Decorative Lighting at the CSAH
49/CRJ Roundabout Project.
Adopted by the Council of the City of Lino Lakes this 28th day of May, 2024.
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
144
SCALE:
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ITEM ITEM DESCRIPTION UNIT TOTAL
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2545.502 LIGHTING UNIT TYPE SPECIAL B EACH 8
2545.502 LIGHTING UNIT TYPE SPECIAL C EACH 3
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2545.502 SERVICE EQUIPMENT EACH 1
2545.503 0.75" NMC LIN FIT 40
2545.503 UNDERGROUND WIRE 1/C 8 AWG LIN FT 8600
145
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LIT2 10
LIGHTING UNIT TYPE SPECIAL A DETAIL LIGHTING UNIT TYPE SPECIAL B DETAIL
LIGHTING UNIT TYPE SPECIAL C DETAIL
MEDALLION COLOR DETAIL
2. COORDINATE INSTALLATION WITH ROADWAY CONTRACTOR
1. CONCRETE FOOTING AND CONDUIT PROVIDED BY OTHERS
NOTES:
146
PROJECT:
OWNER:
City of Lino Lakes, MN
WSB PROJECT NO.:
021397-000
Bids Opened: Friday, May 17, 2024, at 10:00 am
Contractor Bid Security (5%) Total Bid
1 Killmer Electric Company, Inc.X $127,776.00
2 Granite Ledge Electrical Contractors, Inc.X $137,135.00
3 NEI Electric, Inc.X $150,912.00
4 Egan Company X $164,782.50
Opinion of Cost $155,473.50
Denotes corrected figure
Jordan Gedrose, PLA
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on May 17, 2024
Hodgson Road & County Road J Decorative Lighting
K:\021397-000\Admin\Construction Admin\Bidding\021397-000 Bid Summary 051724
147
G:\.Clients All\Lino Lakes\Proposals\2024 Gateway Planning - Lighting CA services\Gateway Planning - Lighting CA Services Letter Proposal .docx
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May 20, 2024
Mr. Michael Grochala
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Contract Amendment Request #2 for construction administration services related to the
Hodgson Road and County Road J Decorative Lighting project. This phase is part of the
Community Gateway Planning project.
WSB Project No. 021397-000
Dear Mr. Grochala:
WSB is pleased to present this contract amendment request to the City of Lino Lakes for the
construction administrative services related to the Hodgson Road and County Road J Decorative
Lighting project you have requested. Our project understanding, scope of work, and proposed fee
are listed below.
I. PROJECT UNDERSTANDING
This project requires construction administrative services related to the implementation of
decorative lighting units, conduit, wiring, and electrical connections . Coordination with city and
county staff is required as this project is constructed in tandem with the Hodgson Road and
County Road J County roadway project. Construction for this project is anticipated to occur
between May and September of 2024.
II. SCOPE OF SERVICES
1. CONSTRUCTION ADMINISTRATION
A. Project Management
1) Managing the scope of services, budget, and schedule.
B. Site Progress Meetings
1) Attend up to (3) three site progress meetings during periods of active
construction during the project to allow for pro-active communication with the
Contractor and Owner, which will maximize efficiency during construction.
Meeting minutes will be distributed to all attendees.
2) (1) One substantial completion site meeting and punch list.
3) (1) One final project completion site review meeting.
C. Construction Administration and Submittal Review
1) Answer contractor questions and provide design intent and clarification for
any issues that may arise during the project
2) Review pay applications prepared by contractor and make recommendations
regarding payment
3) In the event of changed conditions during the project, WSB will prepare and
distribute any necessary change orders to expedite the work in the field
D. Construction Inspections
148
Mr. Grochala
05/20/2024
Page 2
G:\.Clients All\Lino Lakes\Proposals\2024 Gateway Planning - Lighting CA services\Gateway Planning - Lighting CA Services Letter
Proposal .docx
1) WSB will provide construction inspection services for conduit and electrical
service equipment installation. We included a total of (20) twenty hours for
inspection of these improvements.
III. ADDITIONAL SERVICES
Additional services may be added upon approval by both Client and Consultant via amendment to
this Agreement.
IV. PROPOSED FEES, SCHEDULE AND ACCEPTANCE
Services outlined in Paragraphs above will be provided for an hourly not-to-exceed fee based on
the table below:
Description Total
Construction Administration $12,660
Total Amendment Amount $12,660
ACCEPTANCE
This letter represents our entire understanding of the project scope. All work under this letter
proposal will be governed by the Professional Services Agreement entered into between the City
of Lino Lakes and WSB on January 1, 2014. If the scope and fee appear to be appropriate,
please sign on the space provided and return one copy to our office. We are available to begin
work once we receive signed authorization.”
Sincerely,
WSB
Monica Heil Jordan Gedrose, PLA
VP of Municipal Services Landscape Architect
Ph. (952) 737-4675 Ph. (612) 263-0687
I hereby authorize WSB to proceed with the above-referenced work under the terms and
conditions of the Professional Services Agreement entered into between the City of Lino Lakes
and WSB on January 1, 2014.
By: _____________________________________
Name: ___________________________________
Date: ____________________________________
149
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6E
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
Katie Larsen, City Planner
May 28, 2024
Ordinance No. 04-24, Zoning Ordinance Text Amendment-
Sacred Communities and Micro-Unit Dwellings
i.Consider 2nd Reading of Ordinance No. 04-24
ii.Consider Resolution No. 24-46 Approving Summary
Publication of Ordinance No. 04-24
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
Beginning January 1, 2024, Minnesota Statue 327.30 requires that cities must allow religious
institutions to site micro units on religious property. This is not related to the recently
submitted land use application for Madinah Lakes PUD Concept Plan and their proposed
Robinson Sod Farm development. This is a requirement of State law.
The 1st reading of the ordinance was approved by Council on May 13, 2024.
BACKGROUND
See attached League of Minnesota Cities summary. During the 2023 legislative session, the
Legislature passed a bill authorizing religious institutions beginning January 1, 2024 to site
micro-unit dwellings on religious institution property. The State statute also requires cities to
permit sacred settlements of micro units either via a permitted use or conditional use.
See attached Minnesota Statute 327.30 for detailed requirements. State statute defines the
following:
(e) "Micro unit" means a mobile residential dwelling providing permanent housing within a
sacredcommunity that meets the requirements of subdivision 4.
(f) "Religious institution" means a church, synagogue, mosque, or other religious organization
organizedunder chapter 315.
(g) "Sacred community" means a residential settlement established on or contiguous to the
grounds ofa religious institution's primary worship location primarily for the purpose of
150
providing permanent housingfor chronically homeless persons, extremely low-income persons,
and designated volunteers that meets therequirements of subdivision 3.
Staff recommends a conditional use permit be required for sacred community and micro units
as an accessory to public, educational, and religious uses. Public, educational, and religious uses
are currently allowed with a conditional use permit in the City’s rural, residential, LB-Limited
Business, and GB-General Business zoning districts.
Minn. Statute 412.191 provides for a city to publish a summary of an ordinance. The summary
is detailed in Resolution No. 24-46. A full printed copy of the ordinance is available at City Hall
or on the City’s website at https://linolakes.us/163/City-Code-Zoning-Ordinances.
RECOMMENDATION
Staff is requesting Council consideration of the 2nd reading of Ordinance No. 04-24 and
summary publication.
ATTACHMENTS
1. LMC Focus on New Laws: Sacred Settlements
2. Minnesota Statute 327.30
3. Ordinance No. 04-24
4. Resolution No. 24-46
151
Attachment 1: LMC Focus on New Laws: Sacred Settlements
152
153
154
327.30 SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS.
Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have the meanings
given.
(b) "Chronically homeless" means an individual who:
(1) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an
emergency shelter;
(2) has been homeless and living or residing in a place not meant for human habitation, a safe haven,
or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last
three years; and
(3) has an adult head of household, or a minor head-of-household if no adult is present in the household,
with a diagnosable substance use disorder, serious mental illness, developmental disability, post-traumatic
stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability,
including the co-occurrence of two or more of those conditions.
(c) "Designated volunteers" means persons who have not experienced homelessness and have been
approved by the religious institution to live in a sacred community as their sole form of housing.
(d) "Extremely low income" means an income that is equal to or less than 30 percent of the area median
income, adjusted for family size, as estimated by the Department of Housing and Urban Development.
(e) "Micro unit" means a mobile residential dwelling providing permanent housing within a sacred
community that meets the requirements of subdivision 4.
(f)"Religious institution" means a church, synagogue, mosque, or other religious organization organized
under chapter 315.
(g) "Sacred community" means a residential settlement established on or contiguous to the grounds of
a religious institution's primary worship location primarily for the purpose of providing permanent housing
for chronically homeless persons, extremely low-income persons, and designated volunteers that meets the
requirements of subdivision 3.
Subd. 2.Dwelling in micro units in sacred communities authorized.Religious institutions are
authorized to provide permanent housing to people who are chronically homeless, extremely low-income,
or designated volunteers, in sacred communities composed of micro units subject to the provisions of this
section. Each religious institution that has sited a sacred community must annually certify to the local unit
of government that it has complied with the eligibility requirements for residents of a sacred community in
this section.
Subd. 3.Sacred community requirements.(a) A sacred community must provide residents of micro
units access to water and electric utilities either by connecting the micro units to the utilities that are serving
the principal building on the lot or by other comparable means, or by providing the residents access to
permanent common kitchen facilities and common facilities for toilet, bathing, and laundry with the number
and type of fixtures required for an R-2 boarding house under Minnesota Rules, part 1305.2902. Any units
that are plumbed shall not be included in determining the minimum number of fixtures required for the
common facilities.
(b) A sacred community under this section must:
Official Publication of the State of Minnesota
Revisor of Statutes
327.30MINNESOTA STATUTES 20231
Attachment 2: Minnesota Statute 327.30
155
(1) be appropriately insured;
(2) have between one-third and 40 percent of the micro units occupied by designated volunteers; and
(3) provide the municipality with a written plan approved by the religious institution's governing board
that outlines:
(i) disposal of water and sewage from micro units if not plumbed;
(ii) septic tank drainage if plumbed units are not hooked up to the primary worship location's system;
(iii) adequate parking, lighting, and access to units by emergency vehicles;
(iv) protocols for security and addressing conduct within the settlement; and
(v) safety protocols for severe weather.
(c) Unless the municipality has designated sacred communities meeting the requirements of this section
as permitted uses, a sacred community meeting the requirements of this section shall be approved and
regulated as a conditional use without the application of additional standards not included in this section.
When approved, additional permitting is not required for individual micro units.
(d) Sacred communities are subject to the laws governing landlords and tenants under chapter 504B.
Subd. 4.Micro unit requirements.(a) In order to be eligible to be placed within a sacred community,
a micro unit must be built to the requirements of the American National Standards Institute (ANSI) Code
119.5, which includes standards for heating, electrical systems, and fire and life safety. A micro unit must
also meet the following technical requirements:
(1) be no more than 400 gross square feet;
(2) be built on a permanent chassis and anchored to pin foundations with engineered fasteners;
(3) have exterior materials that are compatible in composition, appearance, and durability to the exterior
materials used in standard residential construction;
(4) have a minimum insulation rating of R-20 in walls, R-30 in floors, and R-38 in ceilings, as well as
residential grade insulated doors and windows;
(5)have a dry, compostable, or plumbed toilet or other system meeting the requirements of the Minnesota
Pollution Control Agency, Chapters 7035, 7040, 7049, and 7080, or other applicable rules;
(6) have either an electrical system that meets NFPA 70 NEC, section 551 or 552 as applicable or a low
voltage electrical system that meets ANSI/RVIA Low Voltage Standard, current edition;
(7) have minimum wall framing with two inch by four inch wood or metal studs with framing of 16
inches to 24 inches on center, or the equivalent in structural insulated panels, with a floor load of 40 pounds
per square foot and a roof live load of 42 pounds per square foot; and
(8) have smoke and carbon monoxide detectors installed.
(b) All micro units, including their anchoring, must be inspected and certified for compliance with these
requirements by a licensed Minnesota professional engineer or qualified third-party inspector for ANSI
compliance accredited pursuant to either the American Society for Testing and Materials Appendix E541
or ISO/IEC 17020.
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2023327.30
156
(c) Micro units that connect to utilities such as water, sewer, gas, or electric, must obtain any permits
or inspections required by the municipality or utility company for that connection.
(d) Micro units must comply with municipal setback requirements established by ordinance for
manufactured homes. If a municipality does not have such an ordinance, micro units must be set back on
all sides by at least ten feet.
History: 2023 c 53 art 11 s 57
Official Publication of the State of Minnesota
Revisor of Statutes
327.30MINNESOTA STATUTES 20233
157
CITY OF LINO LAKES
ORDINANCE NO. 04-24
ORDINANCE AMENDING CITY CODE CHAPTER 1007 RELATED TO
SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS
The City Council of Lino Lakes ordains:
Section 1. Findings of Fact. The City Council finds that the zoning ordinance text amendment
protects the public health, safety, comfort, convenience and general welfare of the residents of
the community and is in compliance with Minnesota Statute 327.30.
Section 2. Amendment. The Lino Lakes City Code Chapter 1007 is hereby amended as follows:
•Section 1007.100(7)
(k)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.101(7)
(h)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.110(8)
(e)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.111(8)
(e)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.112(8)
(d)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.113(8)
(d)Sacred communities and micro-unit dwellings accessory to religious uses in
Attachment 3: Ordinance No. 04-24
158
compliance with Minnesota Statute 327.30.
•Section 1007.114(11)
(e)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.115(11)
(g)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.131(8)
(i)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
•Section 1007.132(8)
(n)Sacred communities and micro-unit dwellings accessory to religious uses in
compliance with Minnesota Statute 327.30.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this ____ day of ________________, 2024.
BY: ____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
159
CITY OF LINO LAKES
RESOLUTION NO. 24-46
RESOLUTION APPROVING SUMMARY OF
ORDINANCE NO. 04-24 FOR PUBLICATION
WHEREAS, the City Council has approved the first and second readings of Ordinance No.
04-24 amending City Code Chapter 1007: Zoning Code; and
WHEREAS, Ordinance No. 04-24 is lengthy and Minn. Statute 412.191 provides for a city
to publish a summary of an ordinance; and
WHEREAS, the City Council determines that the summary clearly informs the public of
the intent and effect of the ordinance; and
WHEREAS, the publication in the official newspaper will include a notice that a full
printed copy of the ordinance is available at City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the
summary of Ordinance No. 04-24, attached hereto as Exhibit A, for publication according to State
Law and City Charter is approved.
Adopted by the City Council of the City of Lino Lakes this _________day of ______________,
2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
Attachment 4: Resolution No. 24-26
160
EXHIBIT A
CITY OF LINO LAKES, MINNESOTA
SUMMARY OF ORDINANCE NO. 04-24
ORDINANCE AMENDING CITY CODE CHAPTER 1007: ZONING CODE
The City Council of Lino Lakes ordains:
Section 1. The Lino Lakes City Code Chapter 1007: Zoning Code has been amended to
permit by conditional use sacred communities and micro-unit dwellings accessory to religious
uses in compliance with Minnesota Statute 327.30.
Passed by the Lino Lakes City Council on May 28, 2024.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall or on the City’s website at https://linolakes.us/163/City-Code-Zoning-Ordinances.
161
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6F
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
Katie Larsen, City Planner
May 28, 2024
Ordinance No. 05-24, Zoning Ordinance Text Amendment-
Building Type and Construction
i.Consider 2nd Reading of Ordinance No. 05-24
ii.Consider Resolution No. 24-61 Approving Summary
Publication of Ordinance No. 05-24
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
Recent site and building plan reviews have led staff and the Planning & Zoning Board to consider
amending the City’s zoning ordinance related to building exterior materials.
The 1st reading of the ordinance was approved by Council on May 13, 2024. There is one minor
change to the ordinance from the 1st reading. Under City Code Section 1007.043(2)(d)1.
Definitions, the reference to Sections 1007.44 through 1007.051 was shown as deleted because
they were not correct. This deletion was already made in a previous codification.
BACKGROUND
In January 2024, 424 Apollo Drive (Rice Industries) formally appealed staff’s interpretation of
the zoning code relating to building type and construction and exterior wall finishes. The
applicant proposed to use pre-engineered Kingspan Granitstone Insulated Metal Panels (IMP’s)
with embossed stucco coating for a building addition. They considered the product to be a Class
2 material of masonry stucco and architectural metal cladding. Staff supported treating the
Insulated Metal Panel (IMP) similar to Class 3 Exterior Insulation and Finish System (EIFS). The
material would be limited to no more than 25% per wall elevation of the building addition. The
City Council concurred. The applicant resubmitted plans proposing another type of insulated
wall panel system claiming it as architectural metal cladding which it is not.
Ordinance Amendment
Staff met with an independent architect to review the City’s zoning ordinance to see if there were
any changes we should make to help clarify definitions and allowed exterior materials. The
162
architect felt the City’s ordinance is clearly written and that our 3 classes of primary materials are
consistent with current industry standards.
Staff and the Planning & Zoning Board recommend reclassifying Masonry Stucco from Class 2 to
Class 3. Staff also recommends amendments to clarify that primary material requirements apply
to each exterior wall.
Minn. Statute 412.191 provides for a city to publish a summary of an ordinance. The summary
is detailed in Resolution No. 24-61. A full printed copy of the ordinance is available at City Hall
or on the City’s website at https://linolakes.us/163/City-Code-Zoning-Ordinances.
RECOMMENDATION
Staff is requesting Council consideration of the 2nd reading of Ordinance No. 05-24 and
summary publication.
ATTACHMENTS
1. Ordinance No. 05-24
2. Resolution No. 24-61
163
CITY OF LINO LAKES
ORDINANCE NO. 05-24
ORDINANCE AMENDING CITY CODE CHAPTER 1007 RELATED TO
BUILDING TYPE AND CONSTRUCTION
The City Council of Lino Lakes ordains:
Section 1. Findings of Fact. The City Council finds that the zoning ordinance text amendment
protects the public health, safety, comfort, convenience and general welfare of the residents of
the community.
Section 2. Amendment. The Lino Lakes City Code Chapter 1007 is hereby amended as follows:
•City Code Section 1007.043(2):
(c)Multiple-Family Dwelling Construction Standards. All multiple-family dwellings shall
comply with the following requirements:
1.The exterior walls of multiple-family dwelling structures shall include a variation
in building materials which are to be distributed throughout the building walls
and coordinated into the architectural design of the structure to create an
architecturally balanced appearance.
2.A minimum of At least 33% of all each building exterior walls of a structure shall
have an exterior finish be composed of brick, natural stone, or artificial stone.
3.For the purposes of this section, the area of the building each exterior wall shall
not include area devoted to windows, entrance doors, garage doors, or roof areas.
4.Each building elevations exterior wall shall be articulated to add visual interest.
Large blank exterior walls shall be prohibited. Variation in elevations exterior walls
can be accomplished with projections or recesses, material changes, or other
methods of building articulation.
•City Code Section 1007.043(2):
(d)Commercial, industrial, and institutional. All buildings constructed on land within
commercial, industrial, public and semi-public zoning districts, and all institutional
buildings (such as public, education, and religious buildings) in residential and rural
zoning districts shall conform with the following:
1.Definitions. For the purpose of this section, the following definitions shall apply:
Attachment 1: Ordinance No. 05-24
164
ARCHITECTURAL METAL CLADDING. Refers to decorative, metal cladding systems such as
copper, zinc, titanium, stainless steel and painted steel components fixed to the outside of the
primary wall system.
ARCHITECTURAL REVEALS. A groove or a step in a panel face generally used to create a
desired architectural effect.
2.All sides exterior walls of the principal and accessory structures are to have
essentially the same or a coordinated harmonious finish treatment.
3.Classes of primary materials. For the purpose of this section, primary materials
shall be divided into class 1, class 2, and class 3 categories as follows:
Classes of Primary Materials
Class 1 Class 2 Class 3
Brick Precast concrete panels with
at least two architectural
reveals per panel
Exterior Insulation and
Finish Systems (EIFS)
Glass, or other glazing
materials
Specialty concrete block
including textured, burnished
block or rock faced block
Fiber Cement Exterior Siding
Natural or cultured stone Ceramic Tile (masonry, stone
or clay),
Glass Block
Architecturally textured
concrete precast or poured in
place panels
Masonry Stucco Masonry Stucco
Architectural metal cladding Wood
Other materials not listed that are of equal quality to materials in a specific class may be
approved for use by the Community Development Director.
4.Buildings shall incorporate classes of primary material in the following manner:
a.Commercial, public, educational and religious buildings. At least 50% of all each
exterior wall finishes shall be composed of at least three class 1 materials. Class 3 materials shall
not comprise more than 25% of each exterior wall finishes.
165
b.Industrial and warehouse buildings, multi-tenant office/industrial/warehouse or
showroom/warehouse or other combinations. At least 75% of all each exterior wall finishes shall
be composed of at least two different class 1 or 2 materials. Class 3 materials shall not comprise
more than 25% of the building each exterior wall.
c.To be counted as a primary material, the product must comprise at least 5% of the
exterior wall surface.
17.For the purposes of this section, the area of each exterior wall shall not include area devoted
to garage doors, window trim, and flashing shall not constitute required materials that make up
exterior finish of a building for purposes of this section.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this ____ day of ________________, 2024.
BY: ____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
166
CITY OF LINO LAKES
RESOLUTION NO. 24-61
RESOLUTION APPROVING SUMMARY OF
ORDINANCE NO. 05-24 FOR PUBLICATION
WHEREAS, the City Council has approved the first and second readings of Ordinance No.
05-24 amending City Code Chapter 1007: Zoning Code; and
WHEREAS, Ordinance No. 05-24 is lengthy and Minn. Statute 412.191 provides for a city
to publish a summary of an ordinance; and
WHEREAS, the City Council determines that the summary clearly informs the public of
the intent and effect of the ordinance; and
WHEREAS, the publication in the official newspaper will include a notice that a full
printed copy of the ordinance is available at City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the
summary of Ordinance No. 05-24, attached hereto as Exhibit A, for publication according to State
Law and City Charter is approved.
Adopted by the City Council of the City of Lino Lakes this _________day of ______________,
2024.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Hannah Lynch, City Clerk
Attachment 2: Resolution No. 24-61
167
EXHIBIT A
CITY OF LINO LAKES, MINNESOTA
SUMMARY OF ORDINANCE NO. 05-24
ORDINANCE AMENDING CITY CODE CHAPTER 1007: ZONING CODE
The City Council of Lino Lakes ordains:
Section 1. The Lino Lakes City Code Section 1007.043 has been amended to clarify
exterior wall requirements and reclassify masonry stucco from a Class 2 to Class 3 Primary
Material.
Passed by the Lino Lakes City Council on May 28, 2024.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall or on the City’s website at https://linolakes.us/163/City-Code-Zoning-Ordinances.
168
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 6G
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: May 28, 2024
TOPIC: Grant of Easements, Water Treatment Plant
i.Consider Resolution No. 24-64, Approving Grant of
Right-of-Way Easement to Anoka County (Birch Street)
ii.Consider Resolution No. 24-65, Approving Grant of
Right-of-Way Easement to the Public (12th Avenue)
iii.Consider Resolution No. 24-66, Approving Buffer
Declaration and Grant of Wetland Easement to the Rice
Creek Watershed District
VOTE REQUIRED: Simple Majority
______________________________________________________________________________
INTRODUCTION
Staff is requesting City Council consideration to grant easements to Anoka County, the Public,
and the Rice Creek Watershed District, respectively, as part of the Water Treatment Plant
project.
BACKGROUND
The minor subdivision of the Water Treatment Plant parcel required the dedication of public
right-of-way along both Birch Street and 12th Avenue. The Birch Street Right-of-Way (ROW),
included in Anoka County Right-of-Way Plat No. 11, will be provided in the form of an easement
to Anoka County. The 12th Avenue ROW will be granted by easement to the Public.
As part of the City’s Rice Creek Watershed District permit a wetland buffer declaration is
required along with a wetland easement over the existing wetland on site.
RECOMMENDATION
Staff recommends approval of Resolution No. 24-64, No. 24- 65, No. 24-66.
169
ATTACHMENTS
1. Resolution No. 24-64
2. Resolution No. 24-65
3. Resolution No. 24-66
4. Birch Street and 12th Avenue Easement Exhibit
5. Wetland Buffer Exhibit
170
CITY OF LINO LAKES
RESOLUTION NO. 24-64
APPROVING GRANT OF RIGHT-OF-WAY EASEMENT TO ANOKA COUNTY
WHEREAS, the City completed a minor subdivision and acquired land for the purposes of
constructing a Water Treatment Plant, and
WHEREAS, the property acquired included land within Anoka County Right-of-Way Plat No. 11,
filed for record in September of 1978 as Document No. 508243, and
WHEREAS, the property is used for public road purposes as County State Aid Highway 10 (Birch
Street), and
WHEREAS, it is in the best interest of the City and County to provide an easement over a
portion of the property, for public road purposes, legally described as:
That part of Anoka County Highway Right-of-Way Plat No. 11, Anoka County,
Minnesota which lies within the Northeast Quarter of the Southeast Quarter of Section
28, Township 31, Range 22, Anoka County Minnesota.
NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the City
hereby grants to the County of Anoka a right-of-way easement over, under and across the
above referenced property.
BE IT FURTHER RESOLVED, that the City Attorney is authorized to draft the easement, subject
to County review, for execution by the Mayor and Clerk.
Adopted by the City Council of the City of Lino Lakes this 28th day of May 2024.
_____________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
171
CITY OF LINO LAKES
RESOLUTION NO. 24-65
APPROVING GRANT OF RIGHT-OF-WAY EASEMENT TO THE PUBLIC
WHEREAS, the City completed a minor subdivision and acquired land for the purposes of
constructing a Water Treatment Plant, and
WHEREAS, 12th Avenue abuts the east side of the property and is identified as a collector road
in the City’s 2040 Comprehensive Plan, and
WHEREAS, collector roads require a right-of-way width of 80 feet, and
WHEREAS, the minor subdivision of land requires the dedication of right-of-way for abutting
roadways, and
WHEREAS, it is necessary to dedicate the easterly 40 feet of the property, for public road
purposes, as legally described in Exhibit A,
NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the City
hereby grants to the Public a right-of-way easement over, under and across the property so
described herein.
BE IT FURTHER RESOLVED, that the City Attorney is authorized to draft the easement for
execution by the Mayor and Clerk.
Adopted by the City Council of the City of Lino Lakes this 28th day of May 2024.
_____________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
172
EXHIBIT A
A permanent easement for drainage, utility, roadway, trail and sidewalk purposes,
together with the unrestricted right to improve the same, within, over, under and
across the following described easement area in the County of Anoka, State of
Minnesota:
The East 40.00 feet of the following described tract:
The Northeast Quarter of the Southeast Quarter of Section 28, Township 31,
Range 22, Anoka County, Minnesota, EXCEPTING ALL that part of Anoka
County Highway right-of-way Plat No. 11, Anoka County, Minnesota, and
EXCEPTING ALL that part of the Northeast Quarter of the Southeast Quarter
of Section 28, Township 31 North, Range 22 West, Anoka County,
Minnesota, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the
Southeast Quarter of said Section 28; thence South 89 degrees 56 minutes
28 seconds West, 835.00 feet along the Northerly line of said Northeast
Quarter of the Southeast Quarter (basis for bearings); thence South 00
degrees 03 minutes 32 seconds East, 88.66 feet to the Southerly right-of-
way line of County State Aid Highway No. 10 according to the Anoka County
Highway right-of-way Plat No. 11, as recorded in the Anoka County
Recorder's Office in and for said Anoka County, and said point also being the
point of beginning; thence continuing South 00 degrees 03 minutes 32
seconds East, 207.22 feet; thence South 89 degrees 56 minutes 28 seconds
West, 208.00 feet; thence North 00 degrees 03 minutes 32 seconds West,
212.27 feet to said Southerly right-of-way of County State Aid Highway No.
10; thence Easterly along said Southerly right-of way, 208.06 feet along the
arc of a non-tangential curve concave to the North having a central angle of
01 degrees 02 minutes 06 seconds, a radius of 11,519.16 feet, a chord
bearing of South 88 degrees 40 minutes 07 seconds East, and a chord
distance of 208.06 feet to the point of beginning.
Which lies easterly and northerly of the following described line:
Beginning at the aforementioned point of beginning; thence South 00
degrees 03 minutes 32 seconds East, 207.22 feet; thence South 76 degrees
18 minutes 03 seconds East, 320.00 feet; thence South 70 degrees 03
minutes 01 seconds East, 556.80 feet, more or less, to the East line of said
Northeast Quarter of the Southeast Quarter and said line there terminating.
173
CITY OF LINO LAKES
RESOLUTION NO. 24-66
APPROVING GRANT OF WETLAND BUFFER DECLARATION AND WETLAND
EASEMENT TO RICE CREEK WATERSHED DISTRICT
WHEREAS, the City completed a minor subdivision and acquired land for the purposes of
constructing a Water Treatment Plant, and
WHEREAS, development of the site is subject to a permit from the Rice Creek Watershed
District (RCWD), and
WHEREAS, the City received a conditional permit approval from the RCWD on April 24, 2024
(Permit No. 24-009) subject to the provision of a wetland buffer declaration and wetland
easement in favor or the RCWD,
NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the City
hereby grants to the RCWD a wetland buffer declaration and a wetland easement as described
in Exhibit A, attached hereto.
BE IT FURTHER RESOLVED, that the City Attorney is authorized to draft the necessary
documents for execution by the Mayor and Clerk.
Adopted by the City Council of the City of Lino Lakes this 28th day of May 2024.
_____________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
174
EXHIBIT A
175
OWNER: LAMOTTE, ALWIN A
ADDRESS: 6510 12TH AVE
PID: 28-31-22-41-0006
NE CORNER OF THE
NE 1/4 OF THE SE 1/4
OF SEC. 28, T. 31, R. 22
E LINE OF THE NE 1/4 OF THE
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OWNER: CITY OF LINO LAKES
ADDRESS: 1180 BIRCH ST
PID: 28-31-22-41-0003
S LINE OF PARCEL 40,
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L=431.75 R=11519.16 Δ=2°08'51" C.=431.72 (PLAT)
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OWNER: CITY OF LINO LAKES
ADDRESS: 6590 12TH AVE
PID: 28-31-22-41-0005
Prepared by:WSB Project No.Date:Right of Way Easement Exhibit
PID: 28-31-22-41-0005
Address: 6590 12th Ave
City of Lino Lakes, Minnesota
021336-000 4/17/2024
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FeetWater Treatment Plant
City of Lino Lakes, MN
Wetland Buffer Exhibit
!(Buffer Monuments
Wetland Buffer
Public Drainage Easement
Proposed Impervious
Delineated Wetland Boundary
Required 50' Average Buffer Area: 55,667 SF
Provided Buffer Area: 55,720 SF
177