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Home My WebLink About11-25-2024 Council Meeting Agenda Packet CITY COUNCIL AGENDA Updated 11/22/24 Monday, November 25, 2024 Broadcast on Cable TV Channel 16 and northmetrotv.com/lino-lakes-stream City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz Interim City Administrator: Dave Pecchia CITY COUNCIL WORK SESSION, 5:30 P.M. Community Room | 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. Closed Session, Attorney-Client Privilege: Zikar Holdings LLC v. City of Lino Lakes 4. Update and Discussion on City Administrator Position 5. Review Regular Agenda 6. Adjournment CITY COUNCIL MEETING, 6:30 P.M. 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 November 25, 2024 (Check No. 121740 through 121842) in the Amount of $888,828.60 B. Consider Approval of 3rd Quarter 2024 Financial Report C. Consider Resolution 24-154 Approving Cannabinoid Product License for JP’s Liquor, Wine & Beer, LLC D. Consider Approval of the Oct. 22, 2024 City Council Special Work Session Minutes E. Consider Approval of the Oct. 28, 2024 Council Special Work Session Minutes F. Consider Approval of the Oct. 28, 2024 Council Meeting Minutes G. Consider Approval of Nov. 4, 2024 City Council Special Work Session Minutes H. Consider Approval of Nov. 4, 2024 City Council Work Session Minutes Council Agenda -2- I. Consider Approval of Nov. 4, 2024 City Council Closed Meeting Minutes J. Consider Approval of Nov. 12, 2024 City Council Work Session Minutes K. Consider Approval of Nov.12, 2024 City Council Meeting Minutes L. Consider Approval of July 22, 2024 City Council Meeting Minutes M. Consider Approval of September 23, 2024 City Council Meeting Minutes N. Consider Approval of October 7, 2024 Work Session Minutes O. Consider Approval of October 14, 2024 Work Session Minutes P. Consider Approval of October 14, 2024 Closed Meeting Minutes Q. Consider Approval of October 14, 2024 City Council Meeting Minutes 2. FINANCE DEPARTMENT REPORT No Report 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Approval of 2025-2026 Labor Agreement with LELS Local No 260, Meg Sawyer B. Consider Approval of 2025-2026 Labor Agreement with LELS Local No 299, Meg Sawyer C. Consider Approval of 2025-2026 Labor Agreement with I.U.O.E. Local No. 49, Meg Sawyer D. Consider Approval of 2025-2026 Non-Union Compensation Plan, Meg Sawyer E. Consider Appointment of Activity Center Coordinator, Meg Sawyer 4. PUBLIC SAFETY DEPARTMENT REPORT No Report 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT A. Vacating Drainage & Utility Easement, 1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates, Diane Hankee i. Consider Second Reading and Adoption of Ordinance No. 15-24 *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. 24-152, Approving Summary Publication of Ord. No. 15-24 B. Lino Retail 2.0, Katie Larsen i. Consider Second Reading and Adoption of Ordinance No. 17-24 Approving Zoning Ordinance Map Amendment (Rezoning) from NB, Neighborhood Business to GB, General Business *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. 24-155 Approving Summary Publication of Ord. No. 17-24 Council Agenda -3- C. Vacating a portion of 77th Street lying between Marilyn Drive and Lake Drive, Diane Hankee i. Consider Second Reading and Adoption of Ordinance No. 14-24 *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. 24-151, Approving Summary Publication of Ord.No. 14-24 D. Consider Resolution No. 24-153, Awarding Quote for the Utility Repair Project, Diane Hankee E. Consider Resolution No. 24-158 Approving Colonial Woods Comprehensive Plan Amendment, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None 9. NOTICES AND COMMUNICATIONS A. Community Calendar: A Look Ahead i. Environmental Board Meeting, November 26th at 6:30 p.m. at City Hall. Please note that this is a date change from November 27th. ii. City Council Work Session, December 2nd at 6 p.m. at City Hall. iii. Park Board Meeting, December 4th at 6:30 p.m. at City Hall. iv. Mapping Northwest Main, Community Meeting #1, December 4th at 6 p.m. at the Rookery, 7690 Village Drive in Lino Lakes. v. Economic Development Advisory Committee Meeting, December 5th at 8 a.m. at City Hall. ADJOURNMENT + Expenditures November 25, 2024 Check #121740 to #121842 $888,828.60 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting November 25, 2024 Transfer In/(Out) 11/8/2024 Payroll #23 (201,883.47) 11/8/2024 Payroll #23 Federal Deposit (57,102.40) 11/8/2024 Payroll #23 PERA (56,728.68) 11/8/2024 Payroll #23 State (12,844.73) 11/8/2024 Payroll #23 Child Support (321.48) 11/8/2024 Payroll #23 H.S.A. Bank Pretax (3,772.74) 11/8/2024 Payroll #23 TASC Pretax (655.74) 11/8/2024 Payroll #23 Mission Sq 457 Def. Comp #301596 (2,420.00) 11/8/2024 Payroll #23 Mission Sq Roth IRA #706155 (939.23) 11/8/2024 Payroll #23 MSRS HCSP #98946-01 (4,792.59) 11/8/2024 Payroll #23 MSRS Def. Comp #98945-01 (3,340.00) 11/8/2024 Payroll #23 MSRS Roth IRA #98945-01 (649.00) 11/20/2024 Sales & Use Tax (11,214.00) 11/12/2024 Transfer from FRB Money Market 1,300,000.00 11/15/2024 Building Permit Surcharge (8,612.72) 11/12/2024 Payroll #23 ACH Return K Tratar 152.38 11/14/2024 Payroll #23 ACH Resent K Tratar (152.38) 11/22/2024 Payroll #24 (220,814.83) 11/22/2024 Payroll #24 Federal Deposit (57,814.67) 11/22/2024 Payroll #24 PERA (57,024.85) 11/22/2024 Payroll #24 State (12,942.98) 11/22/2024 Payroll #24 Child Support (321.48) 11/22/2024 Payroll #24 H.S.A. Bank Pretax (3,772.74) 11/22/2024 Payroll #24 TASC Pretax (655.74) 11/22/2024 Payroll #24 Mission Sq 457 Def. Comp #301596 (2,420.00) 11/22/2024 Payroll #24 Mission Sq Roth IRA #706155 (939.23) 11/22/2024 Payroll #24 MSRS HCSP #98946-01 (55,524.68) 11/22/2024 Payroll #24 MSRS Def. Comp #98945-01 (3,340.00) 11/22/2024 Payroll #24 MSRS Roth IRA #98945-01 (649.00) 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1B STAFF ORIGINATOR: Hannah Lynch, Finance Director MEETING DATE: November 25, 2024 TOPIC: 3rd Quarter 2024 Financial Report VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION Staff has prepared the 3rd Quarter 2024 Financial Report for Council’s review and approval. BACKGROUND Staff has reconciled all bank and investment account through September 30, 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 3rd Quarter 2024 Financial Report. ATTACHMENTS 3rd Quarter 2024 Financial Report 3rd Quarter 2024 Financial Report 1 City of Lino Lakes Investments Summary For the Quarter Ended September 30, 2024 Portfolio Characteristics YTD Performance Market Value $48,902,150 Interest Earnings $971,532 Number of Investments 147 Unrealized Gain (Loss) $1,198,831 Average Maturity (Date)1/1/2027 Average Maturity (Years)2.17 Yield To Maturity (YTM)4.14% 55% 23% 14% 8% Sector Distribution Municipal Bonds Certificates of Deposit Cash/Money Market Government/Agency Securities $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 2024 2025 2026 2027 2028 2029 Cash Flow Distribution 2 City of Lino Lakes Cash Balance by Fund For the Quarter Ended September 30, 2024 Cash Balance 101 General Fund 6,101,671$ 202 Rookery Activity Center (8,271) 203 Economic Development Authority 259,082 204 Cable TV & Communications 268,933 205 Blue Heron Days 9,925 207 State Narcotics Forfeitures 26,993 208 DUI Forfeitures 55,876 209 Other Forfeitures 1,569 210 Federal Forfeitures - Treasury 6,257 211 K9 Unit 10,563 214 Public Safety Aid 571,704 215 Local Affordable Housing Aid 45,501 301 Closed Bond 527,246 337 2014A G.O. Improvement Bonds 287,547 338 2015A G.O. Bonds 598,835 339 2015 EDA Lease Revenue Bonds 248,720 341 2016A G.O. Utility Revenue Bonds 276,202 344 2018A G.O. Bond 1,350,425 345 2020A G.O. Utility Revenue Bonds 239,643 346 2021A G.O. Street Reconstruction Bonds 115,203 401 Building and Facilities 2,026,807 402 Capital Equipment Replacement 1,371,987 403 Office Equipment Replacement 44,422 405 Park Dedication 1,059,543 406 Area & Unit Trunk 9,218,181 418 T.I.F District 1-11 219,508 419 T.I.F District 1-12 409,909 420 Municipal State Aid (MSA) Construction 4,397,706 421 Pavement Management (1,143,012) 422 Surface Water Management 2,450,956 423 Street Reconstruction 481,415 425 Park & Trail Improvements 204,564 430 T.I.F. District 1-13 4,412 484 Comp Plan Updates 18,874 487 Pheasant Run Reconstruction 46,721 488 2025 Street Reconstruction (99,755) 601 Water Operating 5,840,027 602 Sewer Operating 7,462,590 603 Storm Water Operating 491,995 801 Contractor Deposits 3,256,575 810 Foxborough Environmental & Stewardship 130,089 811 Preserve Environmental & Stewardship 15,014 48,902,150$ Fund 3 City of Lino Lakes General Fund Budget to Actual (Unaudited) For the Quarter Ended September 30, 2024 Percent Received or Expended Budget Actuals Variance - Based on Annual Thru Thru Favorable Budget Thru Budget 09/30/2024 09/30/2024 (Unfavorable) 09/30/2024 Revenues Property Taxes 10,429,606$ 7,822,205$ 5,479,482$ (2,342,723)$ *70.1 % Other Taxes 185,000 138,750 98,144 (40,606) (1)70.7 Special Assessments - - 287 287 - Licenses and Permits 1,097,415 823,061 755,219 (67,842) 91.8 Intergovernmental Revenue 692,622 519,467 761,841 242,374 (2) 146.7 Charges For Services 456,325 342,244 390,742 48,498 114.2 Fines & Forfeits 76,000 57,000 73,467 16,467 (3) 128.9 Investment Income 30,000 22,500 280,462 257,962 (4) 1,246.5 Miscellaneous Revenue 32,000 24,000 19,136 (4,864) 79.7 Transfers In 20,000 15,000 20,000 5,000 133.3 Total Revenues 13,018,968 9,764,226 7,878,780 (1,885,446) 80.7 Expenditures Mayor & Council 109,274 81,956 68,862 13,094 84.0 Administration 712,764 534,573 455,463 79,110 85.2 Elections 49,000 36,750 37,963 (1,213) 103.3 Charter Administration 8,920 6,690 - 6,690 - Finance 748,840 561,630 591,835 (30,205) 105.4 Legal Consultants 138,000 103,500 104,458 (958) 100.9 Economic Development 98,135 73,601 49,740 23,861 (5)67.6 Planning & Zoning 181,529 136,147 111,681 24,466 82.0 Engineering 97,463 73,097 65,936 7,161 90.2 Community Development 308,682 231,512 159,960 71,551 (6)69.1 Police 5,062,622 3,796,967 3,521,175 275,791 92.7 Fire 1,094,025 820,519 798,581 21,937 97.3 Building Inspections 537,078 402,809 336,516 66,292 83.5 Streets 1,146,013 859,510 794,323 65,186 92.4 Fleet Management 704,061 528,046 607,148 (79,102) 115.0 Government Buildings 624,081 468,061 451,770 16,291 96.5 Parks 1,081,779 811,334 729,534 81,800 89.9 Environmental 65,523 49,142 40,438 8,704 82.3 Solid Waste 87,417 65,563 46,153 19,410 (7)70.4 Forestry 84,515 63,386 73,549 (10,163) 116.0 Other 229,247 171,935 250,000 (78,065) (8) 145.4 Total Expenditures 13,168,968 9,876,726 9,295,086 581,640 94.1 Revenues Over (Under) Expenditures (150,000)$ (112,500)$ (1,416,306)$ (1,303,806)$ * 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) Circle Pines Gas Franchise Fee revenue is below expectation. Budget for 2025 has been decreased to align expectation with actuals. (2) Municipal State Aid and Police State Aid have been received in full and have surpassed the annual budget by $20,000 and $80,000, respectively. 4 City of Lino Lakes General Fund Budget to Actual (Unaudited) For the Quarter Ended September 30, 2024 (3) Fine revenue passed through from the State of Minnesota in relation to the Police Division is surpassing budget expectations. (4) Interest rates are favorable and surpassing budget expectations. (5) Favorable variance due to the August and September Tourism Tax remittances processed in the 4th quarter. (6) Favorable variance due to Community Development Specialist vacancy; new position in the 2024 budget that has yet to be filled. (7) Favorable variance due to Recycling Intern vacancies and less advertising expenses than expected. Solid Waste expenditures are reimbursed from Anoka County through the SCORE grant; less expenditures will result in less grant revenue received. (8) Budgeted transfers are recorded in full each January slightly offset by a favorable contingency variance. The City Council authorized an additional $100,000 transfer in 2024 for BS&A Software. Contingency does not get any expenditures coded to it, instead that budget is allocated to other line items with budget amendments as needed. 5 City of Lino Lakes Rookery Activity Center Fund Budget to Actual (Unaudited) For the Quarter Ended September 30, 2024 Percent Received or Expended Budget Actuals Variance - Based on Annual Thru Thru Favorable Budget Thru Budget 09/30/2024 09/30/2024 (Unfavorable) 09/30/2024 Revenues Property Taxes 500,000$ 375,000$ 250,000$ (125,000)$ *66.7 % Intergovernmental Revenues - - 8,825 8,825 - Charges For Services 1,366,820 1,025,115 978,102 (47,013) 95.4 Investment Income - - 4,294 4,294 - Miscellaneous Revenue 95,100 71,325 54,597 (16,728) (1)76.5 Total Revenues 1,961,920 1,471,440 1,295,818 (175,622) 88.1 Expenditures Personal Services 1,291,354 968,516 872,014 96,502 90.0 Supplies 98,862 74,147 63,374 10,772 85.5 Services & Charges 307,108 230,331 239,417 (9,086) 103.9 Contractual Services 253,330 189,998 151,449 38,549 (2)79.7 Total Expenditures 1,950,654 1,462,991 1,326,254 136,737 90.7 Revenues Over (Under) Expenditures 11,266$ 8,450$ (30,436)$ (38,886)$ * 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 $15,000 and percentage less than 80% or greater than 120% (1) Silver Sneakers and Renew Active/One Pass revenue is below expectation. Budget for 2025 has been decreased to align expectation with actuals. (2) Favorable variance primarily a result of fees due to Endurance Fitness in accordance with the Professional Management Services Agreement. The monthly fee is remitted within the applicable month, but the quarterly fee is remitted within 45 day of quarter end. The quarterly fee accounts for revenue sharing of personal training and spinning classes. Those revenues are under budget, thus the quarterly remittance is also under budget. 6 City of Lino Lakes Water Fund Budget to Actual (Unaudited) For the Quarter Ended September 30, 2024 Budget Actuals Prior Year Variance - Annual Thru Thru Thru Favorable Budget 09/30/2024 09/30/2024 09/30/2023 (Unfavorable) Revenues Penalties & Interest -$ -$ 299$ 46$ 253$ Water Hook Up Charge 41,250 30,938 23,750 22,250 1,500 Other Grant - - 4,945 6,734 (1,790) Water Meter Sales 100,000 75,000 62,607 72,147 (9,540) Irrigation Controller Sales 5,000 3,750 2,880 3,715 (835) Interest On Investments 50,000 37,500 111,348 88,824 22,523 (1) Change in FV of Investments - - 146,892 32,555 114,337 (1) Miscellaneous Revenue 1,800 1,350 1,160 2,335 (1,175) Refunds & Reimbursements - - 247 (247) Flat Water Charge 601,760 451,320 446,070 320,493 125,577 (2) Water Sales 1,450,533 1,087,900 811,304 1,212,728 (401,424) (3) Penalty 34,000 25,500 34,325 30,636 3,689 Total Revenues 2,284,343 1,713,257 1,645,578 1,792,710 (147,132) Expenditures Personal Services 415,378 311,534 278,357 238,817 (39,540) (4) Supplies 387,000 290,250 278,722 300,273 21,551 (5) Services & Charges 356,257 267,193 223,807 285,742 61,935 (6) Contractual Services 12,995 9,746 17,159 9,689 (7,470) Capital Outlay 157,500 118,125 64,742 41,284 (23,458) (7) Transfers Out 731,760 548,820 - - - Total Expenditures 2,060,890 1,545,668 862,787 875,804 13,018 Revenues Over (Under) Expenditures 223,453$ 167,590$ 782,792$ 916,906$ (134,114)$ Item Explanation of items with variance greater than $20,000 (1) Interest rates are favorable and surpassing budget expectations. (2) Increase in water rates combined with an increase in accounts. The Flat Water Charge increased from $15/Quarter/REU to $20/Quarter/REU in January 2024 due to financing the Water Treatment Plant. In addition, there were 5,862 accounts in Q3 2024 compared to 5,708 in Q3 2023. (3) More rainfall was experienced in 2024 resulting in less lawn irrigation. Water consumption was 167,138,000 gallons in Q3 2024 compared to 312,432,000 gallons in Q3 2023. (4) Unfavorable variance due to a Maintenance Worker vacancy from 2023 filled in 2024. (5) Favorable variance due to irrigation controllers on hand from 2023; no more have needed to be purchased in 2024. (6) Favorable variance due to less water main repairs and well house irrigation compared to 2023. (7) Variance from prior year due to timing of capital projects and purchases. A truck (Ford F250 #514) was purchased in 2024 (with 50% charged to Sewer). In the prior year, the Water Tower #2 Rehabilitation Project wrapped up. 7 City of Lino Lakes Sewer Fund Budget to Actual (Unaudited) For the Quarter Ended September 30, 2024 Budget Actuals Prior Year Variance - Annual Thru Thru Thru Favorable Budget 09/30/2024 09/30/2024 09/30/2023 (Unfavorable) Revenues Penalties & Interest -$ -$ 318$ 47$ 271$ Sewer Hook Up Charge 33,000 24,750 20,080 18,630 1,450 Interest On Investments 80,000 60,000 148,529 154,252 (5,723) Change in FV of Investments - - 192,094 55,422 136,672 (1) Refunds & Reimbursements - - 602 - 602 Sewer Sales 1,979,432 1,484,574 1,576,003 1,496,390 79,614 (2) Penalty 30,000 22,500 31,889 29,123 2,766 Total Revenues 2,122,432 1,591,824 1,969,515 1,753,864 215,652 Expenditures Personal Services 428,714 321,536 290,087 249,766 (40,321) (3) Supplies 90,200 67,650 25,870 8,726 (17,145) Services & Charges 348,113 261,085 251,196 252,614 1,418 Contractual Services 1,373,738 1,030,304 1,086,744 1,031,020 (55,724) (4) Capital Outlay 157,500 118,125 64,742 31,250 (33,492) (5) Total Expenditures 2,398,265 1,798,699 1,718,640 1,573,375 (145,264) Revenues Over (Under) Expenditures (275,833)$ (206,875)$ 250,876$ 180,488$ 70,388$ Item Explanation of items with variance greater than $20,000 (1) Interest rates are favorable and surpassing budget expectations. (2) Increase in sewer rates combined with an increase in accounts. There were 5,862 accounts in Q3 2024 compared to 5,708 in Q3 2023. (3) Unfavorable variance due to a Maintenance Worker vacancy from 2023 filled in 2024. (4) Unfavorable variance due to Met Council Environmental Services Sewer Charge increase in 2024. (5) Variance from prior year due to timing of capital projects and purchases. A truck (Ford F250 #514) was purchased in 2024 (with 50% charged to Water). In the prior year, a towable generator was purchased. 8 City of Lino Lakes Storm Water Fund Budget to Actual (Unaudited) For the Quarter Ended September 30, 2024 Budget Actuals Prior Year Variance - Annual Thru Thru Thru Favorable Budget 09/30/2024 09/30/2024 09/30/2023 (Unfavorable) Revenues Penalties & Interest -$ -$ 81$ 2$ 79$ Interest On Investments 3,000 2,250 8,918 5,747 3,171 Change in FV of Investments - - 13,063 1,569 11,494 Penalty 10,000 7,500 8,359 9,411 (1,052) Storm Water Utility 536,470 402,353 429,027 421,680 7,346 Total Revenues 549,470 412,103 459,447 438,409 21,038 Expenditures Personal Services 199,361 149,521 148,663 95,067 (53,597) (1) Supplies 24,000 18,000 1,654 - (1,654) Services & Charges 45,150 33,863 20,682 37,906 17,224 Contractual Services 227,500 170,625 73,229 166,945 93,717 (2) Capital Outlay 53,459 40,094 - - - Total Expenditures 549,470 412,103 244,228 299,918 55,690 Revenues Over (Under) Expenditures -$ -$ 215,219$ 138,491$ 76,728$ Item Explanation of items with variance greater than $20,000 (1) Unfavorable variance due to a Maintenance Worker vacancy from 2023 filled in 2024. (2) Favorable variance due to the timing of Surface Water Management projects. Projects are typically completed in the winter spanning multiple fiscal years. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1C STAFF ORIGINATOR: Roberta Colotti, CMC, City Clerk MEETING DATE: November 25, 2024 TOPIC: Resolution No. 24-154 Approving Cannabinoid Product License for JP’s Liquor, Wine & Beer, LLC VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The City of Lino Lakes requires a license for any business that desires to sell edible cannabinoid (low potency THC) products. Each license shall be issued for a period of one year, except, that if the application is made during the license year, a license may be issued for the remainder of the year for a pro-rata fee with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June. BACKGROUND JP’s Liquor, Wine & Beer, LLC, currently holds an off-sale alcohol and a tobacco license from the City. They have applied for a cannabinoid product license. A complete application has been received by City staff. The applicant meets all licensing criteria pursuant to Lino Lakes City Code Chapter 617.The complete application is on file in the City Clerk's office for review. RECOMMENDATION Staff recommends approval of Resolution 24-154 Approving Cannabinoid Product License for JP’s Liquor, Wine & Beer, LLC, effective through June 30, 2025. ATTACHMENTS Resolution 24-154 CITY OF LINO LAKES RESOLUTION NO. 24-154 APPROVING CANNABINOID PRODUCT LICENSE FOR JP’S LIQUOR, WINE & BEER, LLC WHEREAS, the City of Lino Lakes requires all businesses wishing to sell edible cannabinoid products to apply on a city-approved application form for a Cannabinoid Product License; and, WHEREAS, the applicant, JP’s Liquor, Wine & Beer, LLC, located at 6501 Ware Road, Suite 300, has applied to obtain a Cannabinoid Product License; and, WHEREAS, City staff has reviewed the submitted renewal applications and verified that local licensing requirements have been met; and, WHEREAS, the JP’s Liquor, Wine & Beer, LLC, holds a current Off-Sale Liquor and a Tobacco licenses and the City has not received any complaints related to said licenses; and WHEREAS, City Ordinance allows for the sale of edible cannabinoid products at licensed locations except for: (1) On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.; (2) Before 8:00 a.m. on Monday through Saturday; (3) After 10:00 p.m. on Monday through Saturday; (4) On Thanksgiving Day; (5) On December 25; and (6) After 8:00 p.m. on December 24. These sale prohibition dates and times are conditions of the license. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the City hereby approves the issuance of a Cannabinoid Product License with conditions as stated above, to JP’s Liquor, Wine & Beer, LLC, located at 6501 Ware Road, Suite 300, effective through June 30, 2025 unless cancelled or revoked before that date. Adopted by the City Council of the City of Lino Lakes this 25th day of November, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: _______________________ Roberta Colotti, CMC City Clerk Page 1 of 2 Lino Lakes City Council Special Work Session Minutes DATE: October 22, 2024 TIME STARTED: 5:30 P.M. TIME ENDED: 6:30 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Present: City Administrator Sarah Cotton. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 5:30 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. Discuss Interim City Administrator Position The City Council discussed options for hiring an Interim City Administrator. The current City Administrator’s last day is November 15, 2024. The Council determined to host a series of candidate interviews and directed staff to provide meeting notices as identified. The Council directed staff to post for the position, provide notice to a past employee that may have interest in the position, and to provide notice to the LMC list serve of retired and in transition professionals that provide interim contracts. The City Administrator asked if the Council would like to engage the services of a recruitment firm for the hiring process for the regular City Administrator position. Mayor Rafferty stated that he was not ready to finalize the hiring process for the regular City Administrator position at this time. Councilmember Ruhland stated that consulting firms are expensive, and he would support using our Human Resources Department to conduct the executive search. The City Administrator noted that the Council could start with the Human Resources Department and go to an executive search firm if needed. She stated that it will be one of the tasks of the Interim City Administrator to direct the hiring process. Page 2 of 2 4. Adjournment Mayor Rafferty adjourned the meeting at 6:30 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 1 Lino Lakes City Council Special Work Session Minutes DATE: October 28, 2024 TIME STARTED: 5:30 P.M. TIME ENDED: 6:35 P.M. LOCATION: Council Work Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Present: City Administrator Sarah Cotton and HR & Communications Manager Meg Sawyer. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 5:30 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. Interim City Administrator Interview The City Council conducted an interview for the Interim City Administrator position. 4. Adjournment Mayor Rafferty adjourned the meeting at 6:35 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 4 LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: October 28, 2024 TIME STARTED: 6:40 PM TIME ENDED: 6:55 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Public Safety Director John Swenson, Deputy Public Safety Director Kyle Leibel, Finance Director Hannah Lynch, HR & Communication Manager Meg Sawyer. The meeting was called to order by Mayor Rafferty at 6:40 PM. Mayor Rafferty provided an overview of the Rules of Decorum. PUBLIC COMMENT None SETTING THE AGENDA There were no additions or amendments to the agenda as presented. SPECIAL PRESENTATIONS New selected Lino Lakes Ambassadors Ameia P., Emily B., and Tabitha J. presented a report on their work as ambassadors and shared a list of upcoming events. They have participated in volunteer activities, parades and coronations, representing the Lino Lakes community. They thanked the City Council for the continued support of the Lino Lakes Ambassador program. 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A through 1D as presented. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 2 of 4 2. FINANCE DEPARTMENT REPORT 2A, First Reading of Ordinance 16-24 Motion to dispense with the full reading of Ordinance No. 16-24 Repeal and Replace of Chapter 218 (Fee Schedule). Motion to provide first reading of Ordinance No. 16-24 Repeal and Replace of Chapter 218 (Fee Schedule). 3. ADMINISTRATION DEPARTMENT REPORT Item 3A, Appointment of Public Works Maintenance Worker Motion to Approve the apppointment of Christopher Heck to the Streets Maintenance Worker position at Step 3 of the wage scale. Item 3B, Appointment of Administrative Assistant Motion to appoint Marjorie Schlueter to the Administrative Assistant position at step 6 of the wage scale. RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 3 of 4 Item 3C, Appointment of Part-Time Firefighter Motion to approve the appointment of Cole Heather to the Part-time Firefighter position at the starting step of the wage scale. Item 3D, Appointment of Part-Time Firefighter Motion to approve the appointment of Tim Bertz to the Part-time Firefighter position at the starting step of the wage scale. 4. PUBLIC SAFETY DEPARTMENT REPORT Item 4A, Resolution No. 24-141 Motion to adopt Resolution No. 24-141 Authorizing Execution of Grant Agreement for the 2025 Intensive Comprehensive Peace Officer Education and training Grant 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT No Report RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 4 of 4 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None 9. NOTICES AND COMMUNICATIONS Community Calendar: A Look Ahead October 29, 2024 – November 12, 2024 a. October 29, 2024, 5:30 PM: Special City Council Work Session b. October 30, 2024, 5:30 PM: Special City Council Work Session c. November 4, 2024, 5:30 PM: Special City Council Work Session d. November 4, 2024, 6:00 PM: City Council Work Session e. November 5, 2024, from 7 AM to 8 PM: General Election f. November 6, 2024, 6:30 PM: Park Board Meeting g. November 7, 2024, 8:00 AM: Economic Development Advisory Comm. Meeting h. November 11, 2024, City Hall will be Closed in Observance of Veterans Day i. November 12, 2024, 6:00 PM Council Work Session | 6:30 PM Regular Meeting ADJOURNMENT Mayor Rafferty adjourned the meeting at 6:55 p.m. These minutes were considered and approved at the regular Council Meeting on Nov. 25, 2024. _________________________ _________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 1 Lino Lakes City Council Work Session Minutes DATE: November 4, 2024 TIME STARTED: 5:30 P.M. TIME ENDED: 5:50 P.M. LOCATION: Council Conference Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton and HR & Communications Manager Meg Sawyer. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 5:30 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. Interim City Administrator Interviews None 4. Review of Candidates and Next Steps The City Council provided direction to staff to extend and offer and negotiate a contract with Mr. David Pecchia, for formal action at the next Regular Meeting. 5. Adjournment Mayor Rafferty adjourned the meeting at 5:50 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 5 Lino Lakes City Council Work Session Minutes DATE: November 4, 2024 TIME STARTED: 6:03 P.M. TIME ENDED: 8:45 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, Community Development Director Michael Grochala, City Planner Katie Larsen, Public Works Superintendent Justin Williams, Public Safety Director John Swenson, Finance Director Hannah Lynch, HR & Communication Manager Meg Sawyer, and City Engineer Diane Hankee. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 6:03 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. North Metro TV Update North Metro TV Interim Co-Executive Directors Eric Houston and Danika Peterson provided an overview of the current operations and discussion surrounding a possible merger. They provided a PowerPoint presentation highlighting the following: • NMTV is a Public, Educational, and Government (PEG) television station working under a Joint Powers Agreement (JPA) of the North Metro Telecommunications Commission serving the cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes, and Spring Lake Park. • NMTV started operations in 1983 • NMTV is on Comcast channels 15 & 859, Lino Lakes City Channel is on Comcast channels 16 & 799, Public Access is on Comcast channel 14 • Funding is through a Comcast franchise fee .5% of gross revenue on local subscribers and PEG fee on cable bill of $3.30 per subscriber. • NMTV has a $1.6M budget. Included in that budget, NMTV gives money to its member cities each year for the city to use on communication projects. In 2025, NMTV will return nearly 10% of the annual franchise fees to cities. Related to the possible merger the following information was provided: • In 2023, Blaine cable commissioner Chris Massoglia suggested the idea of NMTV considering a merger with another community TV station. Page 2 of 5 • Commissioner Massoglia suggested that we look at the Northwest Suburbs Cable Communications Commission (NWSCCC). That’s the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, and Robbinsdale, and operates as CCX Media. • After discussions, the NMTV cable commission voted in July to reach out to NWSCCC and gauge their interest. • In July of 2024, NMTV executive directors, three city administrators, and legal counsel met with members of CCX Media for a brief discussion. • In August, NMTV executive directors met with CCX Media executive director to compare and contrast the two stations. • In September, that document was presented to the NMTV cable commission. • The commission agreed to consider the pros and cons, discuss it with their city councils and city administrators, and return in November to discuss it again as a group. Councilmember Stoesz, as the City of Lino Lakes Representative to the NMTV Board, reported that he approached the discussion of merger from a discovery perspective in moving forward with the review and consideration. He stated that the City of Blaine representative initiated the discussion based on a desire to have the most professional production possible. Also to explore the costs and benefits of a merger. He stated that a vote of the Commission is needed to authorize a merger. NMTV Co-Executive Director Houston stated that a date for a Commission vote on a merger has not been set, that the next step is a workshop in November for the Board to review its goals and consider aspects of what a potential merger should be and if NWSCC is the best partner for a possible merger. Then in December the Board will have a regular meeting at which any action items can be finalized. If there is ratified interest by the Board in pursuing a merger, the first step would be legal due diligence. The City Administrator stated some concerns with merging with a larger organization include what our service levels will look like after the merger and if they provide coverage for City Council meetings. The main question for the Board is just what we are trying to achieve with merger. Councilmember Stoesz noted that if Blaine left that would impact the remaining organization. The City Administrator concurred that Blaine leaving would impact the current JPA. She referenced the service agreement with Fridley and potential for other cities to be part of the organization. Page 3 of 5 NMTV Co-Executive Director Houston requested that the Council start to think about the priorities for the City of Lino Lakes and what services are too important to lose. This is a topic that the Board will continue to discuss as well. Mayor Rafferty stated that the current services are appreciated. He added that it is fair to say there are unanswered questions, but he values what we have. The City Administrator referenced that going forward the Council can look to Councilmember Stoesz to bring back information to the full Council as the City’s representative to NMTV. She stated that there are significant differences between the current JPA and the operations of the other cable television cooperative that will need to be reviewed by legal and the City Council if a merger were to proceed. 4. Lino Retail 2.0 The City Planner reported that Java Companies, LLC, is proposing to plat and develop three (3) commercial lots near Lake Drive, Marketplace Drive, and 77th Street. Their Land Use Application is for the following: (1) Rezoning of NB, Neighborhood Business to GB, General Business (2) Preliminary Plat (3) Conditional Use Permit (4) Site & Building Plan Review and (5) Vacation of a Portion of 77th Street. This item will be presented at a future meeting for formal action. 5. Closed Session Mayor Rafferty recessed the Work Session at 7:13 p.m. Mayor Rafferty announced that pursuant to Minnesota Statues, Section 13D.05, subdivision 3(c)(3), the meeting will be closed to discuss offers and counter offers for the lease of real property located at 1710 Birch Street. Motion by Councilmember Ruhland and seconded by Councilmember Cavegn to close the meeting at 7:13 p.m. pursuant to Minnesota Statues, Section 13D.05, subdivision 3(c)(3), the meeting will be closed to discuss offers and counter offers for the lease of real property located at 1710 Birch Street. By Roll Call Vote - In Favor: Mayor Rafferty, Councilmembers Stoesz, Ruhland, Lynden, and Cavegn. Voting Against: None. (Motion passed 5-0) Mayor Rafferty reconvened the Work Session at 7:40 p.m. The Community Development Director summarized the Closed Session, stating that the Council directed staff to negotiate a lease agreement. 6. 2025 Annual Budget and 2025-2029 Financial Plan The Finance Director reported that the City Council adopted the 2025 preliminary tax levy on September 23, 2024. That levy was certified to Anoka County and represents what will be included on property owner’s proposed 2025 tax statements in mid- Page 4 of 5 November. The proposed 2025 final levy presented this evening totals $15,604,954 and represents a $1,484,023 or 10.51% increase over the 2024 levy. The resulting city tax rate is estimated at 39.025%. The Finance Director summarized that staff would make the adjustments as discussed, this evening and the 2025 Annual Budget and 2025-2029 Financial Plan is scheduled for final adoption following the public hearing on December 9, 2024. 7. Public Works Building RFP The Public Works Superintendent reported that over the past 10 years, the City has been evaluating the construction of a new public works building to replace the existing facility, located at 1189 Main Street. Constructed in 1971, the buildings are substandard and do not meet the current and future needs of the City. The Council provided direction for an RFP for Architectural and Engineering Services for a new public works facility to be drafted. This item will be scheduled for City Council for approval at the November 12th Council meeting. Mayor Rafferty suggested that staff tour other area facilities as part of the project design planning. 8. PFAS Update The Community Development Director reported that to address public inquiries regarding PFAS, staff have set up a webpage with background information, a Frequently Asked Questions (FAQ) document, and links to multiple MDH and EPA resources. The Lino Lakes page can be found at: www.linolakes.us/pfas The Community Development Director stated that additionally, staff has started the process for replacement of Well No. 2. A preliminary well assessment was completed by the Minnesota Department of Natural Resources (MNDNR) in September. Staff will be bringing forward a proposal from WSB to develop a test well and evaluation services at the November 11, 2024 regular council meeting. The Community Development Director stated that the new water treatment plant does not treat for PFAS. PFAS removal requires a completely different process than what is used for Manganese and Iron. Testing results do not currently warrant development of a treatment process. However, the site planning process did incorporate a location to accommodate this additional treatment process if needed in the future. The City and MDH will continue to monitor PFAS concentrations and adjust well pumping accordingly. This information is ever evolving, and the city is continuously monitoring the EPA’s and MDH’s guidance on PFAS Maximum Containment Levels and are always considering the health and safety of the residents. Page 5 of 5 9. Education and Training Mayor Rafferty introduced the discussion on staff training and requested consideration of an agreement related to length of service associated with authorized training programs. The Mayor stated that there were three police officer training and education grants presented this year. He requested that future similar grant programs be presented at a Work Session prior to being presented for formal action. The Public Safety Director reviewed the police department grants, including local costs and status of candidate recruitment. He noted that the candidates for the police education and training grants have college degrees, and the grant program supports an intensive full-time police training program. That the program is a recruitment tool. Mayor Rafferty suggested a tired system for reimbursement based on years of service following employee professional development training. The City Administrator reviewed that the City has a years of service policy related to tuition reimbursement but that doesn’t apply to professional development training or professional conferences. The Council discussed professional training and conferences and determined that no further policies are required related to training and terms of service. 10. Notices and Communications None Adjournment Mayor Rafferty adjourned the meeting at 8:45 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 1 Lino Lakes City Council Closed Meeting Minutes DATE: November 12, 2024 TIME STARTED: 7:13 P.M. TIME ENDED: 7:40 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, Community Development Director Michael Grochala and Finance Director Hannah Lynch. Guests in Attendance: Keith Dahl, Ehlers & Associates 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 7:13 p.m. 2. Closed Meeting Mayor Rafferty announced that the meeting would be closed in accordance with Minnesota Statues, Section 13D.05, subdivision 3(c) (3), the meeting to discuss offers and counter offers for the lease of real property located at 1710 Birch Street. 3. Lease of Real Property The City Council discussed the lease of real property located at 1710 Birch Street. 4. Adjournment Mayor Rafferty adjourned the meeting at 7:40 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 3 Lino Lakes City Council Work Session Minutes DATE: November 12, 2024 TIME STARTED: 6:00 P.M. TIME ENDED: 6:20 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Planner Katie Larsen, Public Safety Director John Swenson, Police Captain William Owens, Finance Director Hannah Lynch, HR & Communication Manager Meg Sawyer, Engineer Diane Hankee, Public Works Superintendent Justin Williams, and Public Services/Parks & Recreation Director Rick DeGardner. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 6:00 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. Review Regular Agenda The City Council reviewed the regular meeting agenda including the following items. Finance Director reviewed that the 2025 fee schedule was being presented for second reading/adoption this evening. The HR & Communications Manager reviewed that the City Administrator’s last day is November 15th, and the Interim Administrator is scheduled to start on November 18th. Administrator Cotton reported that she has a transition meeting scheduled this week with the incoming Interim Administrator. The HR & Communications Manager provided a status report on the labor negotiations. The City Administrator noted that a tentative agreement has been reached with three of the four unions. The HR & Communications Manager reviewed the Paid On-Call Firefighter and Paid On- call Fire Lieutenant appointments scheduled for this evening. Page 2 of 3 The Police Captain stated that the fitness equipment included with the donation scheduled for acceptance, would mostly be used by the police and fire departments. Mayor Rafferty asked that staff extend the City’s appreciation to the person making the donation. The Public Work Superintendent provided an overview of the Public Works Facilities project. This evening the Council will be asked to authorize issuance of Request for Proposals (RFPs) for Architectural and Engineering Services. Mayor Rafferty asked if the schedule as presented for the project was realistic. The Public works Superintendent stated that the scheduled would be adjusted as the project moves forward. Councilmember Ruhland asked if the Council was in favor of forming a sub-committee to oversee the project. Mayor Rafferty stated that he was in favor of discussing the formation of a sub- committee further at the next Work Session. The City Planner stated that the Lino Retail 2.0 project has been reviewed in detail by the Council at a prior Work Session and will be presented in full this evening for the public and as part of the first reading of Ordinance No. 17-24 Zoning Ordinance Map Amendment-Rezoning Certain Property from NB, Neighborhood Business to GB, General Business. Along with the associated Preliminary Plat and Conditional Use Permit for automobile repair-minor. The City Planner reported that the Planning and Zoning Committee held the required public hearing on this matter. The City Planner stated that there is also a proposed vacation of a portion of 77th Street that is scheduled for public hearing this evening. She noted that there is cross-over of interest between the Lino Retail 2.0 project and street vacation. The Council discussed past studies related to this project area, noting that the traffic signal was installed approximately 20 years ago for this project area. The City Planner stated that the proposed vacation of the drainage and utility easement at 1057 Black Duck Court is at the request of the property owners as they would like to build a shed on the property. It has been determined that the vacation is acceptable by the City as it relates to drainage and utility needs. Page 3 of 3 The City Engineer reported that the resolution adopting assessments, 2024 individual properties is at the request of the property owner and was a late submittal. The City Engineer stated that the request to move forward with designing a test well is part of the process required to construct a new well. Mayor Rafferty recognized outgoing City Administrator Sarah Cotton for her years of service. Stating that he and the Council can not thank her enough for her work with the City of Lino Lakes. He wished her a bright future and thanked her again. Administrator Cotton expressed her appreciation to the Council and city staff for the last nine years as Finance Director and City Administrator. 4. Adjournment Mayor Rafferty adjourned the meeting at 6:20 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 9 LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: November 12, 2024 TIME STARTED: 6:30 PM TIME ENDED: 8:01 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Planner Katie Larsen, Public Safety Director John Swenson, Police Captain William Owens, Finance Director Hannah Lynch, HR & Communication Manager Meg Sawyer, Engineer Diane Hankee, Public Works Superintendent Justin Williams, and Public Services/Parks & Recreation Director Rick DeGardner. The meeting was called to order by Mayor Rafferty at 6:30 PM. Mayor Rafferty provided an overview of the Rules of Decorum. PUBLIC COMMENT Mayor Rafferty opened the public comment period at 6:33 p.m. Chris Iwan, 638 Barbara Lane, Lino Lakes, stated that he is concerned that if Marilyn Drive is adjusted with the vacation of 77th Street, that road will become a cut-through for traffic when the freeway and then main arterial street get backed up. He suggested the council consider traffic calming options such as speed bumps, a stop sign at Marilyn Drive and Barbara Lane, lowering the speed limit, design the roadway with turns that a semi-truck cannot maneuver. Luke Walter, Love Lino Lakes Group Representative, 7800 Maryland Drive, Lino Lakes, stated that he has a broad concern with the notification process for development projects. He stated that for the discussion of the vacation of 77th Street, only those properties within a limited distance were provided mailed notice. Otherwise, they had to follow the website to learn about the project. He requested that the Council consider Facebook posts and extending the distance that letters are mailed to impacted property owners. Mary Lee, 7782 Marilyn Drive, Lino Lakes, stated that she did not receive a direct mailing of the public hearing. She stated that her concerns with the proposed road connection include the environmental impact of the project, noting that the current street does not have curb and gutters. She is also concerned with parking on both sides of the street, and pedestrian safety. Daniell Gladd, 6479 Tomahawk Trail, Lino Lakes, requested that the Council consider adopting an ordinance prohibiting panhandling within 1,000 feet of a daycare, school or playground. She reported that there have been panhandlers at Hodgson and Birch, near a daycare, and that she Lino Lakes City Council Minutes Page 2 of 9 had asked the police if the panhandlers had been offered resources for public assistance and it was reported that they had been offered resource information. Sarah Wetzstein, 7710 Marilyn Drive, Lino Lakes, stated that her backyard is adjacent to the community gardens, and the proposed Lino Retail 2.0 project would change that. She stated that she did not receive a mailed public hearing notice. She stated that her concern is safety if there is business development between her property and the community gardens. She stated that she has witnessed cars not stopping at the current stop signs. She stated that there isn’t a stop light, and she is concerned with traffic safety. She asked if they would be required to connect to water and sewer with this project development. Sam Bennett, 6841 Lakeview Drive, Lino Lakes, stated that at the Park Board meeting earlier this year it was identified that $90,000+/- was dedicated to park funding. He requested that the City increase park funding. He suggested hosting a 10K race to raise awareness of the need for park funding as well as to generate revenue for park funding. Scott Bakeberg, 7871 Marilyn Drive, Lino Lakes, expressed his concern for traffic safety on Marilyn Drive currently and in the future if the 77th Street vacation moves forward. He stated that street signs on that roadway have been damaged by cars. He noted how fast 30 MPH is on a residential street. He encouraged the Council to drive the street to get a better understanding of the roadway and traffic concerns. Elizabeth Larkin, 980 Aspen Lane, Lino Lakes, stated that she is part of the Love Lino Lakes group and that they had provided the extended notice to the neighborhood of the 77th Street vacation public hearing. She requested that the Council adopt a policy of providing extended notice. She stated that she is concerned with traffic safety and the impact of cut-through traffic if the roadways are connected. She suggested several mitigation options for the consideration of the Council including making the roadway wider, prohibiting large vehicles, solar powered speed signs, lowering the speed limit, crosswalks with lights, speed bumps, etc. The City Administrator announced that concludes the list of people present at this time, who requested to speak at public comment. Motion to close the public comment period at 6:53 p.m. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 3 of 9 SETTING THE AGENDA There were no additions or amendments to the agenda as presented. 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A through 1D as presented. 2. FINANCE DEPARTMENT REPORT Motion to dispense with the full reading of Ordinance No. 16-24 Repeal and Replace of Chapter 218 (Fee Schedule). Motion to provide second reading and adopt Ordinance No. 16-24 Repeal and Replace of Chapter 218 (Fee Schedule). Motion to adopt Resolution No. 24-147, Approving Summary Publication of Ordinance No. 16-24 RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn By Roll Call Vote AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 4 of 9 3. ADMINISTRATION DEPARTMENT REPORT Item 3A, Appointment of Interim City Administrator Motion to Approve the apppointment of Interim City Administrator David Pecchia and Aprpoval of Employement Agreement as presented. Item 3B, Appointment of Paid On-Call Firefighter Motion to appoint Richard LaDoucer to the Paid On-Call Firefighter position within the Public Safety Department at the step and wage as presetned. Item 3C, Promotion of Paid On-Calll Fire Lieutenant Motion to approve the appointment of Luke Evens for the Paid On-Call Fire Lieutenant position at Fire Station #2, at the same hourly rate and addition of a montly stipend of $225. 4. PUBLIC SAFETY DEPARTMENT REPORT Item 4A, Acceptance of Donated Fitness Equipment RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 5 of 9 Motion to accept the donated fitness equipment as presented, with an approximate value of $2,170. 5. PUBLIC SERVICES DEPARTMENT REPORT Item 5A, Resolution No. 24-149 Motion to adopt Resolution No. 24-149, Authorizing Request for Proposals for Architectural and Engineering Services for Lino Lakes Public Works Facilities. 6. COMMUNITY DEVELOPMENT REPORT 6A, Lino Retail 2.0 Motion to dispense with the full reading of Ordinance No. 17-24, Zoning Ordinance Map Amendment-Rezoning Certain Property from NB, Neighborhood Business to GB, General Business. Motion to approve first reading of Ordinance No. 17-24, Zoning Ordinance Map Amendment-Rezoning Certain Property from NB, Neighborhood Business to GB, General Business. RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 6 of 9 Motion to adopt Resolution No. 24-142 Approving Preliminary Plat Motion to adopt Resolution No. 24-143 Approving Conditional Use Permit for Automobile Repair-Minor 6B, Vacating a Portion of 77th Street Mayor Rafferty opened the Public Hearing at 7:40 p.m. Luke Walter, 7800 Marilyn Drive, stated that his concerns are traffic, congestion, and safety. He stated that he does not accept the results of the traffic study. He asked that the Council consider traffic calming options for this project area. He stated that the city does not need another oil change business, as proposed with the commercial project area. Julia Nelson, 689 Oak Lane, stated that this development project is going to impact their neighborhood. She stated that the city does not need more retail development. Sam Bennett, 6841 Lakeview Drive, stated that many of the suggested road improvements that may make a road safer will also make people drive faster. He stated that you can’t fix a road with street signs, you need to fix it with design. He stated that he wants community development and growth, but that development needs to strengthen the community. He stated that big companies don’t provide local ownership or high paying jobs. Regarding the project park dedication fee, he stated that is a one- time fee and the park funding needs to be sustainable. Patty Miller, 476 Loise Lane, stated that the only thing that will slow traffic is a stop sign. Regarding the preferred type of retail development, she favored something like MC Taphouse for future development. RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 7 of 9 Motion to close the public hearing at 7:52 p.m. Motion to dispense with the full reading of Ordinance No. 14-24 Vacating a Portion of 77th Street (Between Marilyn Drive and CSAH 23 (Lake Drive), Anoka County, Minnesota) Motion to provide first reading of Ordinance No. 14-24 Vacating a Portion of 77th Street (Between Marilyn Drive and CSAH 23 (Lake Drive), Anoka County, Minnesota) Item 6C, Vacating Drainage & Utility Easement Mayor Rafferty opened the Public Hearing at 7:56 p.m. No Comments presented. Mayor Rafferty closed the Public Hearing at 7:56 p.m. RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 8 of 9 Motion to dispense with the full reading of Ordinance No. 15-24 Drainage and Utility Easement Vacation (1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates, Anoka County, Minnesota). Motion to provide first reading of Ordinance No. 15-24 Drainage and Utility Easement Vacation (1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates, Anoka County, Minnesota). Item 6D, Resolution 24-144 Assessments Motion to adopt Resolution No. 24-144 Adopting Assessments, 2024 Individual Properties Item 6E, Resolution No. 24-146 Test Well 7B Motion to adopt Resolution No. 24-146, Approving Professional Services Agreement with WSB for Preparation of Test Well 7B Design and Analysis RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 9 of 9 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None 9. NOTICES AND COMMUNICATIONS Community Calendar: A Look Ahead November 13, 2024 – November 25, 2024 I. November 13, 2024, 6:30 PM: Planning & Zoning Board Meeting II. November 21, 2024, 6:00 PM: Joint City Council and Advisory Committee Work Session at City Hall III. November 25, 2024, 6:00 PM Council Work Session | 6:30 PM Regular Meeting Mayor Rafferty recognized the City Administrator for her work with the City of Lino Lakes and expressed the City Council’s sincere appreciation. City Administrator Cotton thanked the City Council for the opportunity. She said that it has been a privilege to serve, and the community has been good to work with. ADJOURNMENT Mayor Rafferty adjourned the meeting at 8:01 p.m. These minutes were considered and approved at the regular Council Meeting on Nov. 25, 2024. _________________________ _________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: July 22, 2024 TIME STARTED: 6:30 PM TIME ENDED: 8:42 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Engineer Diane Hankee, HR & Communications Manager Meg Sawyer, Public Safety Director John Swenson, and City Attorney Jay Squires. The meeting was called to order by Mayor Rafferty at 6:30 PM. Mayor Rafferty provided an overview of the Rules of Decorum and provided first warning regarding enforcement of the rules. PUBLIC COMMENT Mayor Rafferty opened the public comment period at 6:35 p.m. Luke Walter, 7800 Maryland Drive, Lino Lakes, stated that he was here this evening representing the committee of petitioners who submitted three development related petitions to the City staff on July 1, 2024. He noted two petitions are proposed charter amendments and the third proposes the adoption of an ordinance. Mr. Walters stated that the petitioners care deeply about the future of the city and believe it's worth their efforts to protect it. He stated that the issues we face regarding the developments proposed in the northwest quadrant have exposed a significant gap in the necessary protections for our city and their group has had to step in and address those profound needs identified by Lino Lakes residents. They have seen a growing concern amongst residents about rapid pace development and the potential consequences. He stated that it is our collective responsibility to ensure that growth and progress do not come at the expense of the quality of life and the wellbeing of our existing residents. Mr. Walters stated that there are two possible directions for tonight's City Attorney opinion, either his opinion supports the legalities of their petitions, in which case, the Council can disregard the next part of his speech, or the City Attorney's opinion is not favorable, in which case he asks the Council to listen carefully. He stated that these petitions have been meticulously crafted with the best interest of our community in mind and to dismiss them based on some technicality would be a disservice to the residents of Lino Lakes. Mr. Walters stated that the first petition aims to prevent intentionally segregated neighborhoods. It's not just a matter of policy, it's a matter of justice and equity. The second petition seeks to reduce the pace of residential growth. He stated that they are not against Lino Lakes City Council Minutes Page 2 of 8 development, but they believe it should be managed in a way that aligns with our City's capacity and infrastructure. The third petition is to prevent inexperienced, dishonest and financially questionable developers from building in Lino Lakes. In order to ensure that those investing our community are committed to its wellbeing and have the necessary expertise and financial stability to deliver on their promises. By setting higher standards for developers, we can protect our city from subpar developments that could harm our environment, economy and reputation. Mr. Walters stated that the work and effort by the community to complete and deliver these petitions cannot be ignored. If the Council cannot, for whatever reason, recommend that these petitions move forward to the ballot. The petition committee believes these citizens are rightly do their demands through another avenue. Mr. Walters asked that the Council make a commitment to real citizen engagement during the moratorium process. He requested that one of the council members work closely with their citizen group as a liaison to create a pathway for city drafted ordinances along the lines of what they have proposed with the petition process. Mr. Walters urged the Council to allow the three petitions to proceed. Stating that the motivations behind these petitions are fair and just and rooted in a genuine desire to see Lino Lakes thrive now and in the future. He thanked the Council for their consideration. Aaron Frederickson, 7177 Whippoorwill Lane, Lino Lakes, said in the 1980s Secretary of Labor, Raymond Donovan was charged with larceny and fraud, but later acquitted on all charges. When he was acquitted, a number of the jurors openly applauded as he asked, “Which office do I go to get my reputation back”. Like Secretary Donovan, the last several months have been rough on the residents of the City of Lino Lakes. We've been accused of many things including being bigots, being racist, and being Islamophobes. These baseless accusations were unfortunately repeated by the media. Others suggested Lino Lakes is too white. It's not diverse. Even though if you look at the composition of Lino Lakes, we are more diverse than Minnesota is as a whole. Thankfully, KARE 11 brought out the facts. The City of Lino Lakes was wrongly attacked. Mr. Frederickson stated a reputation has been harmed and asked the Mayor and Members of the City Council, “Where do we go to get our reputation back”. He stated that he was also personally attacked. A person seeking business before the Council threatened to sue him, why? Because he merely asked him questions after this person said that he would be open, honest and transparent. Sam Bennett, 6841 Lakeview Drive, Lino Lakes, spoke regarding a new park that is being discussed, and stated that he feels the park should be built in the town center. This could be a springboard to bring in more traffic and to focus the design of the town center. He would like to see the city finish the current town center before starting another area. He would like to see businesses such as an ice-cream shop/restaurant developed in coordination with the park and town center development. Lino Lakes City Council Minutes Page 3 of 8 The City Administrator announced that concludes the list of people present at this time, who requested to speak at public comment. Motion to close the public comment period at 6:45 p.m. SETTING THE AGENDA Councilmember Ruhland stated that he had a comment on one of the consent agenda items. Mayor Rafferty requested that item be further discussed as part of the consent agenda approval. Motion to approve the Council meeting agenda as presented. SPECIAL PRESENTATIONS Lino Lakes Ambassador Program The Lino Lakes Ambassadors and Candidates presented their past year achievements, event attendance and awards. They stated that the program builds skills in public speaking, event planning and community engagement. American Legion Presentation of Awards The American Legion Post 566 presented the Police Officer of the Year Award to Shelby Bonczek. They then presented the Firefighter o the Year Award to Brian Gustafson. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 4 of 8 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A, 1C through 1F and 1H as presented and to table 1B to August 12, 2024. Motion to Approve Consent Agenda Item #1G as presented. Councilmember Ruhland stated that his company has a current client that works for the applicant company, and while not a conflict of interest, to avoid the appearance of a conflict of interest he would abstain from voting on this application. 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT 3A, Appointment of Investigative Assistant Motion to Jessica Crowe to the full-time Investigative Assistant position within the Public Safety Department at step 5 of the wage scale. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [4-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, and Stoesz NAYS: None ABSTAIN: Ruhland Lino Lakes City Council Minutes Page 5 of 8 3B, Appointment of Public Works Maintenance Worker Motion to appoint Riley Meyer to the full-time Utilities Maintenance Worker position within the Public Works Department, at step 3 of the wage scale. 3C, Promotion of Paid-On Call District Chief Firefighter Motion to appoint Brian Gustafson for the Paid On-Call District Chief position at Fire Station #1 as presented. 3D, City Attorney Opinion Related to Petitions The City Attorney provided an overview of his opinion and the legal basis for his recommendation. He stated that all three petitions are determined not to meet the standard of legal validity. He stated that the Council has the option to send the matter to the State Attorney General for an opinion as well. The City Council discussed the opinion and reviewed the option to forward the matter to the State Attorney General for an opinion. The City Attorney stated that the next step is to prepare and present the resolutions for formal action at the next regular meeting. He stated that formal action was not required at this meeting. 3E, Appointment of Government Building Custodial Worker Motion to approve the appoint Joe Petrucci to the part-time Custodial Worker position for Government Buildings, at the starting step of the wage scale as presented. 4. PUBLIC SAFETY DEPARTMENT REPORT None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 6 of 8 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT 6A, Public Hearing - 2024/2025 Street Reconstruction, Sewer & Water Extension Project The City Engineer presented a PowerPoint presentation on the 2024/2025 Street Reconstruction and Municipal Sewer and Water Extension Project, Pine Haven. She stated that the purpose of this meeting was to discuss the proposed assessments. She stated that the property owners will have 60 days from this meeting to present a petition against the project. Mayor Rafferty opened the public hearing at 8:10 p.m. Chris Stowe, 426 Pine Street, Lino Lakes, stated he is a plumber by trade. He advised against connecting to municipal water and sewer. Noting the costs of municipal systems compared to private systems. He noted that future infrastructure is needed to support the expansion of the municipal system. Neal Testin, 8016 Danube Street NE, Lino Lakes, reviewed the high costs associated with the private water and sewer system at his property. He stated that in addition his water has a rust issue. He was in support of the water and sewer project as he believes it will pay for itself over time. Ellen Testin, 8016 Danube Steet NE, Lino Lakes, stated that she is in favor of the water and sewer project as she does not have any room for a new septic mound. She stated that in the recent past, her neighbor’s septic failed and was located near her well. She noted that the City has standards for testing water. She added that her well water is orange in color. Tracy Busch, 8015 Elbe Street, Lino Lakes, reviewed the cost and connection options with the City Engineer. Michelle A., 8015 Danube Street NE, Lino Lakes, stated that he does have room for a mound system. He asked how the contractor calculated costs and project specifications. The Engineer reviewed the details of the process. David, 8019 Elbe Street, Lino Lakes, asked if he could keep his private well for irrigation. The City Engineer reviewed the considerations in approving the maintenance of a private well for irrigation. John J., 9040 81st Street, Lino Lakes, stated that their property became non-compliant and that it would be impactful on the current structures and landscaping to run the lines for a new mound system. Leigha J. 9040 81st Street, Lino Lakes, asked about requirements for disclosing the proposed project if the home is put on the market. Lino Lakes City Council Minutes Page 7 of 8 The City Engineer reviewed the city process which includes a 60-day waiting period for the property owners to present a petition against the project. After which time the City would create the assessment. Motion to close the public hearing at 8:30 p.m. 6B, Vacating Drainage & Utility Easement Watermark 5th Addition Motion to dispense with the full reading of Ordinance No. 10-24 Vacating Drainage & Utility Easement, Outlot C, Watermark 5th Addition. Motion to provide second reading and adopt Ordinance No. 10-24 Vacating Drainage & Utility Easement, Outlot C, Watermark 5th Addition. Motion to adopt Resolution No. 24-93 Approving Summary Publication of Ordinance No. 10-24 RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 8 of 8 Motion to adopt Resolution No. 24-94 Approving 2nd Amendment to Open Space Easement for Watermark. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None 9. NOTICES AND COMMUNICATIONS Community Calendar: A Look Ahead a. Environmental Board Meeting, July 31, 2024, 6:30 PM b. Economic Development Advisory Committee Meeting, August 1, 2024, 8:00 AM c. City Council Work Session, August 5, 2024, 6:00 PM ADJOURNMENT Mayor Rafferty adjourned the meeting at 8:42 p.m. These minutes were approved at the regular Council Meeting on Nov. 25, 2024. _________________________ _________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: September 23, 2024 TIME STARTED: 6:30 PM TIME ENDED: 8:41 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Engineer Diane Hankee, Human Resources/Communications Manager Meg Sawyer, and Deputy Director/Fire Dan L’Allier. The meeting was called to order by Mayor Rafferty at 6:30 PM. Mayor Rafferty provided an overview of the Rules of Decorum. PUBLIC COMMENT Mayor Rafferty opened the public comment period at 6:35 p.m. Jackie Lindblom, 6425 Lakota Trail, Lino Lakes, stated that she is opposed to changing the Home Occupation ordinance, as is being discussed by the Planning and Zoning Board in response to a recent application. She asked that the Council consider the broader community when deciding, not just the one applicant that is requesting the amendment. She stated that the city does not have commercial uses in residential districts and should consider this when reviewing the proposed Home Occupation ordinance amendment. Salat Tuke, 14171 Drake Street NW, stated that he was present to speak to the email by Councilmember Lyden. He stated that even the title of the email stands out. He said that a Councilmember can not sit behind the bench with hate. He stated that he does not have confidence in Councilmember Lyden. He stated that the City paused the development of the mosque and residential construction project this summer. He stated that they are continuing to pursue the project development. Catherine Decker, 614 Pine Street, Lino Lakes, clarified Chris Stowe’s property ownership as it relates to the recorded minutes of the Rice Creek Watershed District. Chris Stowe, 426 Pine Street, Lino Lakes, stated that the Rice Creek Watershed said the storm water pipe was their responsibility and now they are saying it is the City’s responsibility. The pipe at the sod farm is underwater and they can not get to it. If the sod farm floods, then his property floods. If a developer builds on the sod farm property, then any flooding will be the City’s responsibility on his property. Jaylani Hussein, CAIR-MN Executive Director, 1821 University Avenue, St. Paul, said that Councilmember Lyden’s email would be considered the equivalent of a message from the Klan. Lino Lakes City Council Minutes Page 2 of 7 He said that he would not repeat the message, but the word parasite was used and that is a term used for genocide, for example in Rwanda. He said that Councilmember Lynden needs to be held accountable by the City Council. He noted that it has been 51 days since the message was sent. Elizabeth Larkin, 980 Aspen Lane, Lino Lakes, stated that she opposes cancel culture as it doesn’t allow for growth. She stated that she believes the City Council has guidelines and believes in holding the City Council accountable. Ms. Larkin stated that regarding the proposed development of the land between City Hall and the Rookery, she supports developing recreational opportunities not further development. The City Administrator announced that concludes the list of people present at this time, who requested to speak at public comment. Motion to close the public comment period at 6:55 p.m. SETTING THE AGENDA There were no changes or amendments to the agenda as presented. 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A through 1J as presented. 2. ADMINISTRATION DEPARTMENT REPORT 2A, Resolution 24-114 – Censure Councilmember The City Administrator provided an overview of the discussion at the August Work Session. She stated at that meeting a draft resolution relating to the censure of Councilmember Lyden was presented for consideration. Councilmember Ruhland stated that the City does not have a land use application from CAIR-MN. His concern was that the City email account was used for personal thoughts. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 3 of 7 Councilmember Lyden stated that integrity matters. He stated that the original email was sent to him and to CAIR-MN. He stated that he supports all people of all races and religions. He stated that his opposition is to CAIR-MN. He referenced the CAIR-MN comments regarding the recent Hamline University professor news report. He stated that exposing the hate does not make him a hater. Councilmember Lyden stated that he has been on the City Council and committees and has never been accused of being a racist. Nor, when he has served as a volunteer or at work. He reviewed the draft resolution and provided counter points to the items as listed, requesting that the Council not adopt the resolution. Mayor Rafferty reiterated that the email was sent using the City account. Councilmember Ruhland requested additional time to review the matter with the City Attorney before voting. Councilmember Stoesz stated that time was a factor in making this decision. Motion to adopt Resolution No. 24-114 Resolution to Censure Councilmember. 2B, Promotion of Paid On-Call District Chief Motion to approve the appointment of Jon Stalker for the Paid On-Call District Chief position at Fire Station #2. 3. FINANCE DEPARTMENT REPORT 3A, Resolution 24-121 Adopting 2025 Preliminary Levy RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, and Stoesz NAYS: Lyden and Ruhland RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 4 of 7 Motion to adopt Resolution No. 24-121 Adopting the 2025 Preliminary Levy. 3B, Resolution No. 24-122 Announcing Public Hearing on 2025 Budget and Levy The Finance Director reported that Minnesota Statutes require the City of Lino Lakes to announce the time and place of any subsequent regularly scheduled meetings at which the budget and levy will be discussed and at which the public will be allowed to speak. The public hearing for the 2025 budget and levy is hereby announced for Monday, December 9, 2024 at 6:30 p.m. during the regularly scheduled City Council Meeting in the Council Chambers at the Civic Complex, 600 Town Center Parkway. Motion to adopt Resolution No. 24-122 Announcing the Public Hearing on the 2025 Budget and Levy 3C, Resolution No. 24-123 Canceling 2025 Levy for G.O. Capital Note Motion to adopt Resolution No. 24-123, Canceling the 2025 Levy for G.O. Capital Note, Series, 2016A. 4. PUBLIC SAFETY DEPARTMENT REPORT 4A, Sale of Fire Vehicle #621 Motion to Council approve the sale of fire vehicle #621 to the City of Brooklyn Center Fire Department for $201,000. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 5 of 7 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT 6A, Resolution No. 24-125 – G.O. Revenue Note Motion to adopt Resolution No. 24-125 Accepting Offer of the Minnesota Public Facility Authority to Purchase General Obligation revenue Note and Authorize Execution of Project Loan Agreement. 6B, Resolution No. 24-102, 2025 Street Reconstruction and Sewer/Water Extension Motion to adopt Resolution No. 24-102 Authorizing the Preparation of Plans and Specs, 2025 Street Reconstruction and Sewer and Water Extension Project 6C, Resolution No. 24-126 Kimley Horn, Main Street Corridor Master Plan Motion to adopt Resolution 24-126, Authorizing Agreement with Kimley Horn, Main Street Corridor Master Plan and AUAR RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 6 of 7 6D, Resolution 24-127, Agreement with WSB, Right of Way Acquisition Services Motion to adopt Resolution No. 24-127, Authorizing Agreement with WSB for Right of Way Acquisition Services. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS Closed Meeting Mayor Rafferty announced that the meeting would be closed for labor negotiations, pursuant to Minnesota Statutes §13D.03. Motion to close the meeting at 7:47 p.m. for labor negotiations, pursuant to Minnesota Statutes §13D.03. Mayor Rafferty reconvened the meeting at 8:41 p.m. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 7 of 7 9. NOTICES AND COMMUNICATIONS Community Calendar: A Look Ahead a. Environmental Board Meeting, September 25, 2024, 6:30 PM at City Hall b. Park Board Meeting, October 2, 2024, 6:30 PM at City Hall c. Economic Development Advisory Committee Meeting, Thursday, October 3, 2024, 8:00 AM at City Hall d. City Council Work Session, Monday, October 7, 2024, 6:00 PM at City Hall ADJOURNMENT Mayor Rafferty adjourned the meeting at 8:41 p.m. These minutes were approved at the regular Council Meeting on Nov. 25, 2024. _________________________ _________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 4 Lino Lakes City Council Work Session Minutes DATE: October 7, 2024 TIME STARTED: 6:00 P.M. TIME ENDED: 9:07 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Planner Katie Larsen, and Public Safety Director John Swenson 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 6:00 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. Anoka County Elections Integrity Team Presentation Members of the Anoka County Elections Integrity Team (ACEIT) presented six goals of the committee including: small voting precincts, secured election judge data through the use of paper to record election judge information/not using electronic files, verified registered voters (Anoka County), validated paper ballots, paper poll books, and hand- counted paper ballots. The City Clerk provided an overview of the election systems in place for the 2024 Election. The City Council thanked the ACEIT presenters for their presentation. 4. Slater Addition Preliminary Plat The City Planner provided an overview of the Slater Addition Preliminary Plat. She stated that this item is scheduled for formal action at the October 14th Council Meeting. The applicant, Boulder Contracting, submitted a land use application for Preliminary Plat and proposes to subdivide the existing parcel located at 7869 Meadow View Trail into three single family lots for the purpose of construction two new single-family homes. The Council discussed the site conditions and development proposal. The Mayor noted that the City is starting to see the in-fill of development areas. Page 2 of 4 5. Zoning Ordinance Text Amendment-Home Occupation Permits The City Planner presented the draft zoning ordinance amendment related to home occupations. She stated that the applicant, Connor Mattioli, submitted a Land Use Application for a Zoning Ordinance Text Amendment to allow for home occupation businesses related to or involving explosives. The City Planner reported that the Planning and Zoning Board considered this matter and on a 5-2 voted to strike “weapons” but not “explosives and ammunition” from the language. Sine that time the applicant requested that the language be amended again to allow “manufacturing” of ammunition. The City Planner stated that this item is scheduled for formal review at the next City Council meeting. The applicant provided an overview of his business model. He stated that he would like to start as a home-based business and someday move to a store front. He stated that testing is done off-site. 6. Natures Refuge North Revised PUD Concept Plan The City Planner presented the Natures Refuge North revised Planned Unit Development (PUD) Concept Plan for the consideration of the City Council. She reported that the applicant, M/I Homes of Minneapolis/St. Paul, LLC, originally submitted a land use application for a PUD Concept Plan review in October of 2023. The Concept Plan was reviewed by the City’s Advisory Boards and City Council. The applicant has now submitted a revised Concept Plan based on public, staff, Board and Council comments. The development contains two parcels totaling approximately 60 gross acres. It is located north of Natures Refuge and is called Natures Refuge North. The Council discussed the lot sizes, the home design, open space preservation, etc. The Council expressed concern with the small garage size being proposed for this development. The Developer responded that the development is design to include lawn and snow maintenance through the HOA and therefore a smaller garage is marketable. The Council expressed an interest in a minimum lot size larger than the proposed lot sizes. The Planner noted that the open space element and increased tree preservation is achieved with a smaller lot size as part of the PUD. The Developer stated that there will be a reciprocal use agreement between the lots to allow for maintenance by the HOA. The Council discussed the plans for future public safety roadway connections. 7. Wilkinson Waters PUD Concept Plan The City Planner presented the Wilkinson Waters PUD Concept Plan. The applicant, Wilkinson Waters LLC, is proposing a Master Planned Development, located on North Oaks Company property, located south of County Road J/Ash Street/CSAH 32, west of Centerville Road/CSAH21 and north of Wilkinson Lake Blvd. The development contains four parcels totaling approximately 76 gross acres and consists of a mix of residential Page 3 of 4 housing types and commercial development. The proposed development is called Wilkinson Waters. The City Council reviewed the plan design, proposal for private streets and associated arterial street improvements, Anoka County traffic plan, multi-family building studio apartment size, senior building, building height, greenspace, water and sewer access, Environmental Assessment Worksheet requirements, floodplain, and 15-unit bonus opportunity for development. Council Consensus It was the consensus of the City Council to support the overall density as discussed, assuming water and sewer can be secured for the development. 8. Imagine 2050 Regional Plan Comments The Community Development Director stated that every 10 years the Metropolitan Council requires an update to the Comprehensive Plan. The next plan update is 2028. To prepare for that date the Metropolitan Council has put together planning documents for the review of the City. The Community Development Director requested feedback from the City Council regarding the proposal to move from five to four community designation titles. If implemented the City of Lino Lake would move from an “Emerging Suburban Edge” to “Suburban Edge” designation. Council Consensus It was the consensus of the City Council to support retaining five district designations as that provides for better definition. The Community Development Director stated that the other item for the review and consideration of the City Council is the proposal to require an average of four vs. three units per acre for sewered development. Council Consensus It was the consensus of the City Council to support the continued standard of an average of three units per acre for sewered development, because the city development standards have been drafted based on an average three units per acre requirement, and the city would not be able to pivot to meet the new standard by the deadline, thereby limiting future development. 9. Notices and Communications Mayor stated that he was not able to attend the most recent VLAWMO meeting. Councilmember Stoesz reported on the North Metro TV meeting. There has been discussion of a merger between North Metro TV and CCX Media. Page 4 of 4 The City Council was in favor of inviting the North Metro TV, Co-Executive Directors to attend a future City Council Work Session to provide a status report on the current operations and possible merger. 10. Closed Session Mayor Rafferty announced that the meeting would be closed in accordance with Minnesota Statues, Section 13D.05, subdivision 3(c) (3), to discuss an offer for proposed land purchase, 7473 24th Avenue (Winter Property). Motion to close the meeting at 8:43 p.m. in accordance with Minnesota Statues, Section 13D.05, subdivision 3(c) (3), to discuss an offer for proposed land purchase, 7473 24th Avenue (Winter Property). 11. Adjournment Mayor Rafferty adjourned and reconvened and then adjourned the meeting at 9:07 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn BY ROLL CALL VOTE AYES: Mayor Rafferty, Councilmembers Lyden, Stoesz, Cavegn, and Ruhland NAYS: None Page 1 of 1 Lino Lakes City Council Work Session Minutes DATE: October 14, 2024 TIME STARTED: 5:30 P.M. TIME ENDED: 6:27 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland (arrived at 5:31 p.m.) MEMBERS ABSENT: None Staff Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 5:30 p.m. 2. Setting the Agenda: Addition or Deletion of Agenda Items The agenda was adopted as presented. 3. Closed Session – Attorney-Client Privilege Mayor Rafferty announced that Pursuant to Minnesota Statues, Section 13D.05, subdivision 3(b) Attorney-Client Privilege, the meeting will be closed to discuss the Zikar Holdings, LLC vs. City of Lino Lakes lawsuit. Motion by Councilmember Cavegn and seconded by Councilmember Stoesz to close the meeting Minnesota Statues, Section 13D.05, subdivision 3(b) Attorney-Client Privilege, the meeting will be closed to discuss the Zikar Holdings, LLC vs. City of Lino Lakes lawsuit. By roll call vote, Voting In Favor: Mayor Rafferty, Councilmembers Cavegn, Lyden, and Stoesz. Voting Against: None. Absent: Councilmember Ruhland. Mayor Rafferty reconvened the Work Session at 6:27 p.m. 4. Adjournment Mayor Rafferty adjourned the meeting at 6:27 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 1 Lino Lakes City Council Closed Meeting Minutes DATE: October 14, 2024 TIME STARTED: 5:30 P.M. TIME ENDED: 6:27 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Stoesz and Ruhland (arrived at 5:31 p.m.) MEMBERS ABSENT: None Staff Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, and Community Development Director Michael Grochala. Also Attending: Attorney’s John Baker and Kate Swenson, LMCIT Representatives Brian Gaviglio and Joe Nuebauer. 1. Call to Order and Roll Call Mayor Rafferty called the meeting to order at 5:30 p.m. 2. Closed Session – Attorney-Client Privilege Mayor Rafferty reviewed that Pursuant to Minnesota Statues, Section 13D.05, subdivision 3(b) Attorney-Client Privilege, the meeting has been closed to discuss the Zikar Holdings, LLC vs. City of Lino Lakes lawsuit. The City Council discussed the lawsuit with the assigned attorneys and LMCIT representatives. 3. Adjournment Mayor Rafferty adjourned and re-opened the meeting at 6:27 p.m. These minutes were approved at the regular Council Meeting on November 25, 2024. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor Page 1 of 6 LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: October 14, 2024 TIME STARTED: 6:30 PM TIME ENDED: 7:26 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Planner Katie Larsen, Public Safety Director John Swenson, Police Captain William Owens, HR & Communication Manager Meg Sawyer, Engineer Diane Hankee, and Deputy Public Safety Director/Fire Dan L’Allier. The meeting was called to order by Mayor Rafferty at 6:30 PM. Mayor Rafferty provided an overview of the Rules of Decorum. PUBLIC COMMENT Mayor Rafferty opened the public comment period at 6:35 p.m. Jeff Johnson, 6965 Sunrise Drive, Lino Lakes, provided a correction to the July 8, 2024 City Council minutes. He clarified that the number of homes he referenced related to the proposed development project, was 450 not 150 homes. He identified that the re-cap of his comments in support of the proposed moratorium did not accurately reflect his statements, as he does not believe the site is perfect for the developer. He asked that the following be entered into the record this evening to accurately reflect his sentiment on July 8th, “My question is on this whole project: why here? How did this area get chosen when if it’s so perfect for him, it would be such a drastic change to our area.” Sam Bennett, 6841 Lakeview Drive, Lino Lakes, addressed the utilization of Sunset Avenue. He stated that the road runs along the school property. He provided suggestions for design options to improve the use of the street. He stated that a pedestrian bridge across Hwy. 35 would reduce the current bottleneck at that point. He noted that the current design encourages speeding and traffic enforcement is not a cost-effective option to maintain the lower posted speed. Connor Mattioli, 7607 Quarter Horse Ct., Lino Lakes, stated that he is the applicant requesting the Zoning Ordinance text amendment (Item 6G) on the agenda this evening. He stated that his primary business is the manufacture of firearms and teaching firearms safety, which is why he is seeking a text amendment to allow for a home occupation business working with weapons and ammunition. He provided further explanation of his current business and future business plans. Lino Lakes City Council Minutes Page 2 of 6 Motion to close the public comment period at 6:47 p.m. SETTING THE AGENDA There were no additions or amendments to the agenda as presented. SPECIAL PRESENTATIONS The Public Safety Director presented the recently promoted officers including Katie Kraemer promoted to Police Sergeant, Brian Gustafson promoted to District Chief, Jon Stalker promoted to District Chief, and Vincent Kasprowicz promoted to Fire Lieutenant. Mayor Rafferty commended the officers on their promotions. 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A through 1H as presented. 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT Item 3A, Appointment of Office Specialist Motion to Approve the apppointment Marissa Ertel to the Office Specialist position within the Community Development Department at step 6 of the wage scale. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 3 of 6 Item 3B, Appointment of Environmental coordinator Motion to appoint Thomas Hoffman to the Environmental Coordinator position within the Community Development department at step 5 of the wage scale. 4. PUBLIC SAFETY DEPARTMENT REPORT Item 4A, Acceptance of TZD Grant Motion to accept the Minnesota Office of Traffic Safety (OTS) grant funding for the cooperative Anoka County Toward Zero Deaths (TZD) program administered by the City of Lino Lakes in the amount of $306,600. 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT 6A, Resolution 24-135 Weed Abatement Assessments Mayor Rafferty Opened the Public Hearing at 7:04 p.m. No comments provided. Motion to close the public hearing at 7:04 p.m. RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 4 of 6 Motion to adopting Resolution 24-135 Adopting Assessment 2024 Weed Abatement Charges. 6B, Resolution 24-130 Assessments 2024 Individual Properties Motion to adopt Resolution No. 24-130 Adopting Assessments, 2024 Individual Properties. 6C, Resolution 24-131 Assessments, Jansen Addition Motion to adopt Resolution No. 24-131, Adopting Assessments, Jansen Addition. 6D, Resolution 24-137 Construction Contract, 2024 SWMP, City Hall Motion to adopt Resolution 24-137 Accepting Quotes, and Awarding a Construction Contract, 2024 Surface Water Management Project at City Hall RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 5 of 6 6E, Resolution 24-128, 2025 Street Rehabilitation Project Motion to adopt Resolution 24-128, Authorizing Preparation of Plans and Specifications for the 2025 Street Rehabilitation Project 6F, Resolution 24-134 Slater Addition Preliminary Plat Motion to adopt Resolution 24-134 Approving Slater Addition Preliminary Plat Item 6G, Ordinance No. 13-24 Zoning Ordinance Text Amendment A public hearing was held on this matter at the September 11, 2024 Planning & Zoning Borad meeting. Motion to dispense with the full reading of the ordinance. Motion to provide first reading of Ordinance No. 13-24 Zoning Ordinance Text Amendment – Home Occupation Permits. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None RESULT: Motion failed for a lack of a second MOVER: Lyden SECONDER: None AYES: N/A NAYS: N/A Lino Lakes City Council Minutes Page 6 of 6 6H, Resolution No. 24-139 – Amendment to Purchase Agreement with Java Companies Motion to adopt Resolution No. 24-139 Approving 1st Amendment to Purchase Agreement with Java Companies. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None 9. NOTICES AND COMMUNICATIONS Community Calendar: A Look Ahead a. Environmental Board Meeting at 6:30 p.m. on October 23, 2024 b. City Council Work Session at 6 p.m. and Council Meeting at 6:30 p.m. on October 28, 2024 ADJOURNMENT Mayor Rafferty adjourned the meeting at 7:26 p.m. These minutes were considered and approved at the regular Council Meeting on Nov. 25, 2024. _________________________ _________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3A STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: November 25, 2024 TOPIC: 2025-2026 Labor Agreement with LELS Sergeants, Local No. 260 VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the 2025-2026 Labor Agreement between the City of Lino Lakes and LELS Sergeants, Local No. 260. BACKGROUND A tentative agreement has been reached for a two-year contract with LELS, Local No. 260. A tentative agreement was reached after three meetings and the union members voted in favor of the following terms: Article 6.4 Grievance Procedure: Update the language as follows: • Step 3: A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The Union shall notify the Employer of its intention to arbitrate the grievance within 15 calendar days following the Employee-designated representative's final Step 2 answer. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute Section 626.892. For all other grievances, if the parties are unable to agree on the selection of an arbitrator, the Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with Minnesota Statutes Section 179A.21. Article 13: Holidays Update the language to include • Juneteenth on June 19 Section 13.2 Update the language as follows: • Employees who work any of the listed holidays in Section 13.1 shall receive 1 ½ times the regular rate of pay, which will be paid out in the pay period worked. Article 16: Sick Leave • Change the title of Article 16 from Sick Leave to Sick Leave/Earned Sick and Safe Time (ESST). • Add the following language in Section 16.4: See the City of Lino Lakes Personnel Policy for a full description of the City’s Sick Leave/ESST policy. 2 Article 17: Insurance Section 17.1 Health Update the language as follows: • Health: Effective January 1, 2025, the Employer will contribute 100% ($644.47) of the monthly base single premium and $1,291.33 toward the monthly base family premium. • Effective January 1, 2026, the Employer will contribute 100% of the base single plan and $1,291.33 plus 50% of the 2026 premium increase toward the base family plan. Article 18: Compensation Section 18.1 Wage Update the language as follows: • The wage schedule reflects a 3% general wage increase/COLA plus a 4% market adjustment effective January 1, 2025 and a 3% general wage increase/COLA plus a 3% market adjustment effective January 1, 2026. • Police Sergeant Wage Schedule - Change the Step headings from Start through Step 9 to Step 1 through Step 10. • Police Training Officer (PTO) – Sergeants assigned to perform the duties of a PTO during the integration, field training, or assessment phases will receive 1.5 hours of compensatory time per shift. • Instructor Pay – Sergeants assigned to perform the duties of a use of force instructor or a firearms instructor during an employer-scheduled in-service training session will receive 1.5 hours of compensatory time per shift. When determining eligibility for PTO and Instructor Pay, a shift is defined as an assignment of 4 hours or more. Sergeants are not eligible for PTO or Instructor Pay when working an overtime shift and are not eligible for both PTO and Instructor Pay during the same shift. • Availability Pay – Sergeants will be provided an hourly stipend of $0.81 in 2025 and $0.83 in 2026 as compensation for being available to take phone calls and emails related to department business during off-duty hours. This stipend increases by any annual general wage increase/COLA. Article 22: Clothing Allowance Section 22.1 Update the language as follows: • The annual clothing allowance will be equal to the annual general wage increase/COLA, which is $966.68 in 2025 and $995.68 in 2026. Article 27: Duration Update the language to reflect a 2-year contract as follows: • This Agreement shall be effective January 1, 2025 and shall remain in full force and effect until December 31, 2026. Appendix A: M.O.A. Regarding Firefighter Stipend • Union is aware of the City conducting a Police and Fire Study and the potential change in the Public Safety organizational structure. Carryforward and update as follows: WHEREAS, the City and the Union are parties to a 2025-2026 collective bargaining agreement (“CBA”); NOW, THEREFORE, the parties agree that: 3 1. City of Lino Lakes police sergeants may volunteer to be trained as Lino Lakes firefighters. 2. Upon successful completion of firefighter training (Fire 1, Fire 2, and Hazmat), a sergeant will receive premium pay of $1.69 per hour, in addition to any other premium pay, for all hours worked as a Lino Lakes police sergeant, whether performing licensed police sergeant or firefighter duties. The firefighter stipend will increase to $1.74 in accordance with the 2026 general wage increase/COLA, and increase equivalent to the annual general wage increase/COLA thereafter. 3. Firefighter-trained sergeants are not obligated to respond to fire calls while they are off- duty. 4. Firefighter-trained sergeants who respond to a fire call while off-duty will be paid at their overtime rate. 5. The Employer retains discretion to allow sergeants to participate in the firefighter stipend program. Appendix B: M.O.A Regarding Personal Time Off (PTO) • Change the title and references from Personal Time Off (PTO) to Personal Time Off/Earned Sick and Safe Time (PTO/ESST). RECOMMENDATION Staff recommends the approval of the 2025-2026 Labor Agreement between the City of Lino Lakes and LELS Sergeants, Local No. 260. ATTACHMENTS None 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3B STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: November 25, 2024 TOPIC: 2025-2026 Labor Agreement with LELS Officers, Local No. 299 VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the 2025-2026 Labor Agreement between the City of Lino Lakes and LELS Police Officers, Local No. 299. BACKGROUND A tentative agreement has been reached for a two-year contract with LELS, Local No. 299. A tentative agreement was reached after three meetings and the union members voted in favor of the following terms: Article 7: Grievance Procedure 7.3 Procedure Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute Section 626.892. For all other grievances, if the parties are unable to agree on the selection of an arbitrator, the Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with Minnesota Statutes Section 179A.21. Article 15: Sick Leave • Change the title of Article 15 from Sick Leave to Sick Leave/Earned Sick and Safe Time (ESST). • Add the following language in Section 15.4: See the City of Lino Lakes Personnel Policy for a full description of the City’s Sick Leave/ESST policy. Without negotiations with the union, the employer will not diminish this policy after 1/1/2025. Article 13: Holidays Update the language as follows: • Add Juneteenth on June 19 • Change Columbus Day to New Years Eve Day Section 18.2 • Update the language as follows: Employees who work on any of the listed holidays in Section 18.1 shall receive 1 ½ times their regular rate of pay, which will be paid out in the pay period worked. 2 Article 19: Insurance Section 19.1 Health • Update the language as follows: Health: Effective January 1, 2025, the Employer will contribute 100% of the premium toward the base single plan of $644.47 and $1,291.33 toward the base family plan. Effective January 1, 2026, the Employer will contribute 100% of the base single plan and $1,291.33 plus 50% of the 2026 premium increase toward the base family plan. Section 19.3 Dental • Update the language as follows: Dental: The Employer agrees to pay 100% of the single premium for monthly dental insurance coverage. The Employer agrees to deduct the difference between the Employer’s contribution of 100% of the single premium and the employee’s contribution towards either single plus one or family coverage from each employee’s salary and forward the total premium to the Dental Plan Administrator. Article 23: Clothing Allowance Section 23.1 • Update the language as follows: The Employer agrees to provide each new employee with all required uniforms and equipment. After one year of service, each full-time employee will be credited with a prorated uniform allowance on their anniversary date and then receive a full uniform allowance on January 1st each year thereafter. The annual clothing allowance will be equal to the general wage increase/COLA, which is $966.68 in 2025 and $995.68 in 2026. Article 24: Wages • Update the wage matrix as follows: 3% general wage increase/COLA plus a 4% market adjustment effective January 1, 2025. 3% general wage increase/COLA plus a 3% market adjustment effective January 1, 2026. Change the Step headings from Start through Step 6 to Step 1 through Step 7 • Update the language as follows: Police Training Officer (PTO): Officers assigned to perform the duties of a PTO during the integration, field training, or assessment phases will receive 1.5 hours of compensatory time per shift. Instructor Pay: Officers assigned to perform the duties of a use of force instructor or a firearms instructor during an employer-scheduled in-service training session will receive 1.5 hours of compensatory time per shift. When determining eligibility for PTO and Instructor Pay, a shift is defined as an assignment of 4 hours or more. Officers are not eligible for PTO or Instructor Pay when working an overtime shift and are not eligible for both PTO and Instructor Pay during the same scheduled shift. Article 29: Duration • Update the language to reflect a 2-year contract as follows: This Agreement shall be effective as of the 1st of January 2025 and shall remain in full force and effect until the 31st day of December 2026. 3 Appendix A: M.O.A. Regarding Firefighter Stipend • Union is aware of the City conducting a Police and Fire Study and the potential change in the Public Safety organizational structure. Carryforward and update as follows: WHEREAS, the City and the Union are parties to a 2025-2026 collective bargaining agreement (“CBA”); NOW, THEREFORE, the parties agree that: 1. Lino Lakes police officers may volunteer to be trained as Lino Lakes firefighters. 2. Upon successful completion of firefighter training (Fire 1, Fire 2, and Hazmat), an officer will receive premium pay of $1.69 per hour, in addition to any other premium pay, for all hours worked as a Lino Lakes police officer, whether performing licensed police officer or firefighter duties. The firefighter stipend will increase to $1.74 in accordance with the 2026 wage adjustment and increase equivalent to the annual wage adjustment thereafter. 3. Firefighter-trained officers are not obligated to respond to fire calls while they are off- duty. 4. Firefighter-trained officers who respond to a fire call while off-duty will be paid at their overtime rate. 5. The Employer retains the discretion to allow officers to participate in the firefighter stipend program and agrees to meet and confer before making any changes regarding officer participation. Appendix B: M.O.A Regarding Transitioning Police Officers to New Compensation Plan • Remove – All officers have fully transitioned. Appendix C: M.O.A. Regarding Personal Time Off (PTO) • Change the title and references from Personal Time Off (PTO) to Personal Time Off/Earned Sick and Safe Time (PTO/ESST). RECOMMENDATION Staff recommends the approval of the 2025-2026 Labor Agreement between the City of Lino Lakes and LELS Local No. 299. ATTACHMENTS None 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3C STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: November 25, 2024 TOPIC: 2025-2026 Labor Agreement with I.U.O.E. Local No. 49 VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the 2025-2026 Labor Agreement between the City of Lino Lakes and International Union of Operating Engineers Local 49. BACKGROUND A tentative agreement has been reached for a two-year contract with I.U.O.E. Local No. 49. A tentative agreement was reached after two meetings and the union members voted in favor of the following terms: Article 5: Holidays Section 5.1 • Update the language as follows: All Union employees receive the following 13 paid holidays: Add Juneteenth on June 19 Article 6: Sick Leave • Change the title of Article 6 from Sick Leave to Sick Leave/Earned Sick and Safe Time (ESST). • Add the following language in Section 6.4: See the City of Lino Lakes Personnel Policy for a full description of the City’s Sick Leave/ESST policy. Article 10: Wages and Classifications Section 10.1 Wage Classifications Wage Schedule • Change the Step headings from Start through Step 6 to Step 1 through Step 7. • 3% general wage increase/COLA, plus 3% market adjustment effective 1/1/2025. • 3% general wage increase/COLA, plus 3% market adjustment effective 1/1/2026. Article 12: Standby and On-Call Pay Section 12.3 • Update the language as follows: On-call employees scheduled to carry the on-call phone over the weekend will be paid an additional three hours at time and one-half for a mandatory check of all well houses, water towers, and lift stations. The checks can be made anytime between Saturday at 10:00 a.m. and Sunday at 12:00 p.m. If an on-call employee is called out during this window and the mandatory checks have not been completed, the checks will be completed during the same call-out period, 2 which would result in being paid three hours at time and one-half total for the original call-out and mandatory check. Time spent over three hours would be compensated at time and one- half. Article 17: Insurance Section 17.1 Health • Update the language as follows: Health: Effective January 1, 2025, Employer will contribute $644.47 toward the premium for single coverage and $1,291.33 toward the premium for family coverage. Effective January 1, 2026, Employer will contribute 100% of the base single plan and $1,291.33 plus 50% of the 2026 premium increase toward the family plan. Article 25: Duration • Two-year contract effective January 1, 2025 through December 31, 2026. Appendix A, B, D, F, G: MOU’s • Carryforward as written – Update dates as needed. Appendix C: MOU Regarding Paid Time Off (PTO) • Change the title and references from Personal Time-Off (PTO) to Personal Time Off/Earned Sick and Safe Time (PTO/ESST). • Update reference(s) to City of Lino Lakes Personnel Policy as needed. Appending E: MOU Regarding Central Pension Fund • Update the language as follows: 4. A contribution of $4.80 per straight time hour worked prevents any employee’s annual CPF contributions from exceeding $10,000 in a year and, therefore, complies with limitations set forth under Minnesota Statute §356.24, subd. 1(10) as amended. Appendix G: MOU Regarding Hours Worked for the Purpose of Calculating Overtime • Change reference from PTO to PTO/ESST • Change reference from Sick Leave to Sick Leave/ESST and • Remove the following language: “through Employee Self Service.” RECOMMENDATION Staff recommends the approval of the 2025-2026 Labor Agreement between the City of Lino Lakes and I.U.O.E. Local No. 49. ATTACHMENTS None 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3D STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: November 25, 2024 TOPIC: 2025-2026 Non-Union Compensation Plan VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the 2025 and 2026 Compensation Plans for Non-Union Employees. BACKGROUND Section 207.04 of the Code of Ordinances requires the City Administrator to establish and maintain a compensation plan for all positions in the City, which is to be reviewed and approved by the City Council. This compensation plan is in compliance with Minnesota Statutes Chapter 471, which is referred to as the Pay Equity Law. The 2025 compensation plan includes a 3% general wage increase/COLA, plus 3% market adjustment effective January 1, 2025. 2 The 2026 compensation plan includes a 3% general wage increase/COLA, plus 3% market adjustment effective January 1, 2026. The 2025 adopted budget includes resources sufficient to cover the 3% general wage increase/COLA, plus 3% market adjustment. RECOMMENDATION Staff recommends the approval of the 2025-2026 Non-Union Compensation Plan. ATTACHMENTS None 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 3E STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager MEETING DATE: November 25, 2024 TOPIC: Consider Appointment of Activity Center Coordinator VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The City Council is being asked to approve the appointment of Calvin Joustra to the full-time Activity Center Coordinator (Membership) position at the Rookery Activity Center. BACKGROUND Staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Joustra for the full-time position. Joustra has a Bachelor’s degree in Sports Management from Calvin University in Grand Rapids, Michigan. Joustra worked as the Operations Manager at Empower Adventures Tampa Bay in Florida from 2016 – 2024. The starting wage for Joustra will be $33.00 per hour which is the Starting Step in a 6 step wage scale for the Activity Center Coordinator position. With the Council’s approval, Joustra would start in the Activity Center Coordinator position on December 9, 2024. The hiring of Joustra as Activity Center Coordinator will backfill the vacancy that was created due to a resignation on September 19, 2024. The 2024 Adopted Budget includes three full time Activity Center Coordinators at the Rookery Activity Center. RECOMMENDATION Please approve the appointment of Calvin Joustra to the Activity Center Coordinator position. ATTACHMENTS None 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 25, 2024 TOPIC: Ordinance No. 15-24, Vacating Drainage & Utility Easement, 1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates, Diane Hankee i. Consider 2nd Reading of Ordinance No. 15-24 ii. Consider Resolution No. 24-152, Approving Summary Publication of Ordinance No. 15-24 VOTE REQUIRED: 4/5 _____________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration of the 2nd Reading of Ordinance No. 15-24 Vacating Drainage & Utility Easement, 1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates. BACKGROUND 1057 Black Duck Court a residential parcel owned by Patrick & Heather Galvin. The property owner submitted a land use application requesting the vacation, of a portion, of a drainage and utility easement on their property for the installation of a deck and for compliance with City code. The drainage and utility easement was dedicated to the City through the platting process pre wetland conservation act. The property owner has completed an approved wetland delineation on the property. Staff has reviewed the delineation and grading of this site and the adjacent properties to determine the area that could be vacated. The property owner is going to move their shed and complete grading on the site to become in compliance with code. The vacation of the easement will also allow them to construct a deck which was not previously allowed due to the easement. The Drainage and Utility Easement Vacation Description Sketch prepared by E.G Rud and Sons, Inc. received on October 15, 2024 details the proposed drainage and utility area to be vacated. 2 RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 15-24 Vacating Drainage & Utility Easement, 1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates and Resolution 24-152 Approving Summary Publication of Ordinance 15-24. ATTACHMENTS 1. Ordinance No. 15-24 2. Drainage and Utility Easement Vacation Description Sketch 3. Resolution 24-152 1 1st Reading: November 12, 2024 Website Notice: November 13, 2024 2nd Reading: November 25, 2024 Publication: December 3, 2024 Adoption: November 25, 2024 Effective: January 2, 2025 CITY OF LINO LAKES ORDINANCE NO. 15-24 DRAINAGE AND UTILITY EASEMENT VACATION (1057 BLACK DUCK CT, LOT 14 BLOCK 2, BLACK DUCK ESTATES, 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 the drainage and utility easement (“Easement”) as shown in Attachment A and legally described as follows: That part of the drainage and utility easement lying over, under, and across Lot 14, Block 2, BLACK DUCK ESTATES, Anoka County, Minnesota, as created and dedicated in said BLACK DUCK ESTATES, described as follows: Commencing at the southeast corner of said Lot 14, thence North 00 degrees 02 minutes 18 seconds West, assumed bearing, along the easterly line of said Lot 14, for a distance of 90.00 feet to an angle point along said easterly line, and to the point of beginning of said easement to be vacated; thence South 75 degrees 38 minutes 00 seconds West, for a distance of 82.57 feet, more or less, to a point on the west line of said Lot 14 being 70.00 feet from the southwest corner thereof; thence North 00 degrees 02 minutes 18 seconds West, along said west line, for a distance of 102.00 feet; thence North 89 degrees 57 minutes 42 seconds East, for a distance of 50.00 feet; thence South 45 degrees 17 minutes 35 seconds East, for a distance of 52.89 feet, more or less to the easterly line of said Lot 14; thence South 09 degrees 37 minutes 47 seconds West, along said easterly line, for a distance of 45.00 feet to said point of beginning. Except that part embraced within the easterly and Westerly 5.00 feet of said Lot 14. 2. A public hearing was held on November 12, 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 2 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 Easement; and 4. This ordinance shall be recorded with the Anoka County; and 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The Easement legally described herein is hereby vacated upon the property becoming compliant with all City Ordinances. Specifically the existing shed and site drainage shall be addressed. Should the City determine, in its sole discretion, that the noncompliance issues have not been suitably addressed, the vacation provided by this Ordinance shall be null and void. 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 Easement ordinance. Adopted by the Lino Lakes City Council this 25th day of November, 2024. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, CMC City Clerk 3 ATTACHMENT A CITY OF LINO LAKES RESOLUTION NO. 24-152 APPROVING A SUMMARY OF ORDINANCE NO. 15-24 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 15-24, vacating a drainage & utility easement on 1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates; and WHEREAS, the City Council approved the first reading on November 12, 2024, and the second reading and final passage on November 25, 2024; and WHEREAS, Ordinance No. 15-24 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 25th day of November, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, City Clerk ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 15-24 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 1057 Black Duck Court, Lot 14, Block 2, Black Duck Estates; and A public hearing was held on November 12, 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 November 25, 2024. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: November 25, 2024 TOPIC: Lino Retail 2.0 i. Consider 2nd Reading of Ordinance No. 17-24 Approving Zoning Ordinance Map Amendment (Rezoning) from NB, Neighborhood Business to GB, General Business ii. Consider Resolution No. 24-155 Approving Summary Publication of Ordinance No. 17-24 VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration of the above noted items. BACKGROUND The applicant, Java Companies, LLC, is proposing to plat and develop three (3) commercial lots near Lake Drive, Marketplace Drive, and 77th Street. The rezoning is part of the development process. The City Council approved the 1st reading of the rezoning ordinance on November 12, 2024. ANALYSIS The 5 acre site includes the redevelopment of six (6) existing lots along the west side of Lake Drive. Two (2) lots north of 77th Street are zoned GB, General Business. Four (4) lots to the south are zoned NB, Neighborhood Business. These 4 lots will be rezoned to GB, General Business to allow for drive-throughs and automotive repair-minor which are not allowed in NB zoning district. Findings of Fact The Findings of Fact are detailed in Ordinance No. 17-24. 2 RECOMMENDATION Staff recommends approval of the 2nd reading of Ordinance No. 17-24 and summary publication. ATTACHMENTS 1.Ordinance No. 17-24 2.Resolution No. 24-155 1 1st Reading: November 12, 2024 Website Notice: November 13, 2024 2nd Reading: November 25, 2024 Publication: December 3, 2024 Adoption: November 25, 2024 Effective: January 2, 2025 CITY OF LINO LAKES ORDINANCE NO. 17-24 ORDINANCE TO REZONE CERTAIN PROPERTY FROM NB, NEIGHBORHOOD BUSINESS TO GB, GENERAL BUSINESS FOR LINO RETAIL 2.0 The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1.The City received a Land Use Application to rezone certain property from NB, Neighborhood Business to GB, General Business. 2.The Planning and Zoning Board held a public hearing on October 9, 2024. 3.Per City Code Section 1007.015 (4): (e)The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1.The proposed action is consistent with the official City Comprehensive Plan. The rezoning is consistent with the 2040 Comprehensive Plan. The land is guided commercial. GB, General Business is a business/commercial zoning district. 2.The proposed action is or will be compatible with present and future land uses of the area. The rezoning is compatible with the adjacent GB, General Business zoned parcels along Lake Drive. 3.The proposed action conforms with all performance standards contained herein. The proposed commercial development conforms with all performance standards with minor revisions as noted in Resolution No. 24-142 and Resolution No. 24-143. 4.The proposed action can be accommodated with existing public services and will not overburden the city’s service capacity. Attachment 1: Ordinance No. 17-24 2 The proposed commercial development can be accommodated with existing public services and will not overburden the city’s service capacity. 5.Traffic generation by the proposed action is within capabilities of streets serving the property as described in § 1007.020(4)(d) of City Code. Traffic generated by the proposed commercial development is within the capabilities of the street serving the property. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property and shown in Attachment A - Rezoning Exhibit from NB, Neighborhood Business to GB, General Business. Section 3: Legal Description Lot 3, Auditor’s Subdivision No. 134, Anoka County, Minnesota, excepting therefrom Parcel 17, Anoka County Highway Right-of-Way Plat No. 17. AND Lot 4, Auditor’s Subdivision No. 134, Anoka County, Minnesota, excepting therefrom Parcel 18, Anoka County Highway Right-of-Way Plat No. 17. AND Lot 5, Auditor’s Subdivision No. 134, Anoka County, Minnesota, excepting therefrom Parcel 19, Anoka County Highway Right-of-Way Plat No. 17. AND Lot 6, Auditor’s Subdivision No. 134, Anoka County, Minnesota, excepting therefrom Parcel 20, Anoka County Highway Right-of-Way Plat No. 17. AND That part of 77th Street lying in the Southwest Quarter of the Southeast Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, bounded as follows: Lying north of Lot 3, AUDITOR’S SUBDIVIONS No. 134, according to the recorded plat thereof, said Anoka County; lying east of the northerly extension of the West line of said Lot 3; lying west of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 17, according to the recorded plat thereof, said Anoka County and 3 lying south of the North line of said Southwest Quarter of the Southeast Quarter. AND That part of 77th Street lying in CAROLE’S 2ND ADDITION ESTATES, according to the recorded plat thereof, Anoka County, Minnesota, bounded as follows: Lying east of the southerly extension of the west line of Lot 12, Block 2, said CAROLE’S 2ND ADDITION ESTATES; lying south of the south line of said Lot 12; lying north of the North line of the Southwest Quarter of the Southeast Quarter, Section 8, Township 31, Range 22 and lying west of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 17, according to the recorded plat thereof, said Anoka County. Section 4: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the ordinance. Section 5: The rezoning provided for by this ordinance is contingent on the filing of Lino Retail 2.0 final plat. Should the final plat not be filed, the rezoning provided by this ordinance shall be null and void. Adopted by the Lino Lakes City Council this ____ day of ________________, 2024. ________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, CMC City Clerk 4 ATTACHMENT A Rezoning Exhibit 0 100'200' REZONING EXHIBIT I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. NO.DATE DESCRIPTION DATE: SCALE: DRAWN BY: CHECKED BY: PROJECT NO.COPYRIGHT @ 2024BY DESIGN TREE ENGINEERING INCORPORATED AS SHOWN DATE: PREPARED FOR:10/3/24 JDS MG 10923008 Jonathan D. Schuette 45352 JAVA COMPANIES 1 INCH = 100 FEET 10/3/24 EXISTING ZONING: GB EXISTING ZONING: NB EXISTING ZONING: NB EXISTING ZONING: NB EXISTING ZONING: NB EXISTING ZONING: NB EXISTING ZONING: NB CITY OF LINO LAKES RESOLUTION NO. 24-155 RESOLUTION APPROVING SUMMARY OF ORDINANCE NO. 17-24 FOR PUBLICATION WHEREAS, the City Council has approved the first and second readings of Ordinance No. 17-24 amending City Code Chapter 1007: Zoning Code; and WHEREAS, Ordinance No. 17-24 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. 17-24, 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: ___________________________ Roberta Colotti, CMC, City Clerk Attachment 2: Resolution No. 24-155 EXHIBIT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 17-24 REZONING CERTAIN PROPERTY FROM NB, NEIGHBORHOOD BUSINESS TO GB, GENERAL BUSINESS FOR LINO RETAIL 2.0 The City Council of Lino Lakes ordains: Section 1. The Lino Lakes City Code Chapter 1007: Zoning Code has been amended to rezone the property located in the future plat of Lino Retail 2.0 near Lake Drive, Marketplace Drive, and 77th Street from NB, Neighborhood Business to GB, General Business. Passed by the Lino Lakes City Council on November 25, 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. 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 25, 2024 TOPIC: Ordinance No. 14-24, Vacating a portion of 77th Street lying between Marilyn Drive and Lake Drive, Diane Hankee i. Consider 2nd Reading of Ordinance No. 14-24 ii. Consider Resolution No. 24-151, Approving Summary Publication of Ordinance No. 14-24 VOTE REQUIRED: 4/5 _____________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration of the 2nd Reading of Ordinance No. 14-24 Vacating a portion of 77th Street lying between Marilyn Drive and Lake Drive. BACKGROUND The City has planned, for a long time, to realign 77th Street with Market Place Drive. This is in coordination with Anoka County to improve mobility on Lake Drive and provide safer access to adjacent neighborhoods. In 2025, the City plans to complete the construction of the realign 77th Street at Market Place Drive. This project is in coordination with the Lino Lakes 2.0 development. The City held a public hearing on November 12, 2024 for the 77th Street vacate where there were concerns from some of the residents on Marilyn Drive. In response staff is evaluating some of the proposed considerations for traffic calming. The Vacation Description Sketch prepared by Design Tree, Inc. dated September 9, 2024 details the proposed area to be vacated. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 14-24 Vacating a portion of 77th Street lying between Marilyn Drive and Lake Drive and Resolution 24-151 Approving Summary Publication of Ordinance 14-24. 2 ATTACHMENTS 1. Ordinance No. 14-24 2. Drainage and Utility Easement Vacation Description Sketch 3. Resolution 24-151 1st Reading: November 12, 2024 Publication: November 13, 2024 2nd Reading: November 25, 2024 Effective: December 3, 2024 Adoption: November 25, 2024 Effective: January 2, 2025 CITY OF LINO LAKES ORDINANCE NO. 14-24 ORDINANCE VACATING A PORTION OF 77TH STREET (BETWEEN MARILYN DRIVE AND CSAH 23 (LAKE DRIVE), 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 77th Street between Marilyn Drive and CSAH 23 (Lake Drive) (“Street”). 2. The area of the vacated Street is legally described as follows and shown in Attachment A-Vacation Exhibit. That part of 77th Street lying in the Southwest Quarter of the Southeast Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, bounded as follows: Lying north of Lot 3, AUDITOR’S SUBDIVIONS No. 134, according to the recorded plat thereof, said Anoka County; lying east of the northerly extension of the West line of said Lot 3; lying west of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 17, according to the recorded plat thereof, said Anoka County and lying south of the North line of said Southwest Quarter of the Southeast Quarter. AND That part of 77th Street lying in CAROLE’S 2ND ADDITION ESTATES, according to the recorded plat thereof, Anoka County, Minnesota, bounded as follows: Lying east of the southerly extension of the west line of Lot 12, Block 2, said CAROLE’S 2ND ADDITION ESTATES; lying south of the south line of said Lot 12; lying north of the North line of the Southwest Quarter of the Southeast Quarter, Section 8, Township 31, Range 22 and lying west of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 17, according to the recorded plat thereof, said Anoka County. 3. A public hearing was held on November 12, 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 Street; and 2 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: Street Vacated The Street described herein is hereby vacated. Section 3: Any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto. Section 4: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the ordinance. Section 5: The vacation provided for by this ordinance is contingent on the dedication of new 77th Street right-of-way in the Lino Retail 2.0 plat, said new right-of-way to be named Marketplace Drive. Should the new right-of-way not be dedicated, the vacation provided by this ordinance shall be null and void. Adopted by the Lino Lakes City Council this ____ day of ________________, 2024. BY: ____________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, CMC, City Clerk 3 ATTACHMENT A Street Vacation Exhibit 0 60'120' VACATION EXHIBIT I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. NO.DATE DESCRIPTION DATE: SCALE: DRAWN BY: CHECKED BY: PROJECT NO.COPYRIGHT @ 2023 BY DESIGN TREE ENGINEERING INCORPORATED AS SHOWN DATE: PREPARED FOR:09/04/24 CWK JDS 10923008 Jonathan D. Schuette 45352 JAVA COMPANIES, LLC 1 INCH = 60 FEET 09/09/24 SOUTH LINE OF LOT 12, BLOCK 2, CAROLE'S 2ND ESTATES WEST LINE OF ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 17 NORTH LINE OF LOT 3, AUDITOR'S SUBDIVISION NO. 134 NORTHERLY EXTENSION OF THE WEST LINE OF LOT 3, AUDITOR'S SUBDIVISION NO. 134 SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 12, BLOCK 2, CAROLE'S 2ND ESTATES NORTH LINE OF THE SW1/4-SE1/4 OF SEC. 8, T.31, R.22 CITY OF LINO LAKES RESOLUTION NO. 24-151 APPROVING A SUMMARY OF ORDINANCE NO. 14-24 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 14-24, vacating a portion of 77th Street lying between Marilyn Drive and Lake Drive; and WHEREAS, the City Council approved the first reading on November 12, 2024, and the second reading and final passage on November 25, 2024; and WHEREAS, Ordinance No. 14-24 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 25th day of November, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, City Clerk ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 14-24 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT Section 1: Findings The City Council of Lino Lakes has determined to vacate a portion of the area over, under, and across 77th Street lying between Marilyn Drive and Lake Drive; and A public hearing was held on November 12, 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 November 25, 2024. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 25, 2024 TOPIC: Consider Resolution No. 24-153, Accepting Quotes and Awarding a Construction Contract, Utility Repair Project VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the Utility Repair Project. BACKGROUND There are two leaking gate values off Lonesome Pine Trail and one off Chokecherry Road. Staff received quotes to repair the leaking gate valves by December 13, 2024. Quotes for the project were received on November 21, 2024 and are outlined below: The low quote was submitted by Valley-Rich Company Inc. of Chaska, Minnesota, in the amount of $35,400.00. Funding for the project is through the Water Operating Fund. RECOMMENDATION Staff recommends adoption of Resolution No. 24-153 accepting quotes and awarding a construction contract for the Utility Repair Project in the amount of $35,400.00 to Valley-Rich Company Inc. ATTACHMENTS 1. Resolution No. 24-153 CONTRACTOR QUOTE Valley-Rich Co., Inc. $35,400.00 Olson’s in the Pink $67,700.00 C.W. Houle, Inc. Did not Quote CITY OF LINO LAKES RESOLUTION NO. 24-153 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, UTILITY REPAIR PROJECT WHEREAS, pursuant to a request for quotes for the repair of leaking gate valves, quotes were received, and tabulated: WHEREAS, the low quote was submitted by Valley-Rich Company Inc. of Chaska, Minnesota, in the amount of $35,400.00; and WHEREAS, the funding for the project is through the Water Operating Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the Mayor and Clerk are hereby authorized and directed to enter into a contract with Valley-Rich Company Inc. for the construction of the Utility Repair Project in the amount of $35,400.00; Adopted by the City Council of the City of Lino Lakes this 25th day of November, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, CMC, City Clerk CONTRACTOR QUOTE Valley-Rich Co., Inc. $35,400.00 Olson’s in the Pink $67,700.00 C.W. Houle, Inc. Did not Quote 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: November 25, 2024 TOPIC: Consider Resolution No. 24-158, Approving Colonial Woods Comprehensive Plan Amendment VOTE REQUIRED: Super Majority ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to approval a Comprehensive Plan Amendment to provide for sanitary sewer and water service to the Colonial Woods neighborhood. BACKGROUND The City of Lino Lakes has initiated a Comprehensive Plan Amendment for land located east of Ware Road, north of 62nd Street North and south of Birch Street. The area is an existing residential neighborhood with 29 homes, known as Colonial Woods. The City is proposing to reconstruct the roads within the development in 2025. The area is currently served by individual subsurface sewage treatment systems and private wells. As part of the road construction project a feasibility study was completed that considered the extension of municipal sanitary sewer and water utility to service the area. A majority of the property owners supported the extension of utilities, and the City Council has ordered the improvement. The 2040 Comprehensive Plan includes a Full Build Land Use Plan and a 2040 Land Use plan. The Full Build plan guides the area as low density residential, and the 2040 Future Land Use plan shows the area as Urban Reserve. To provide sanitary sewer, the 2040 Land Use plan will need to be amended to guide the land as low density residential, matching the Full Build Land Use Plan. The 2040 Utility Staging Plan also needs to be amended to change from Stage 3 Planned Service Area to Stage 1A Planned Service Area. ANALYSIS Staff has reviewed the application for consistency with the Comprehensive Plan, as well as City policies. 2 Existing Conditions The 29 subject parcels are owned by multiple parties. The parcels are developed with single family homes. The area is currently served by onsite septic systems and private wells. Septic systems within the project area have an average age of 35 years. Most systems are original to the construction date of the homes with four replaced in the last 10 years. The existing development density of 1.34 units per acre falls slightly under the City’s low density sewered land use density threshold (1.6 to 3.0 units per acre). However, the City will continue to meet the regional average sewered density requirement of 3.0 units per acre. Land Use Amendment One change from the 2040 Land Use Plan is proposed: 1. 39 acres will be reclassified from Urban Reserve to Low Density Residential. Staging Plan Amendment One change to the 2040 Staging Plan is proposed: 1. 39 acres will be changed from Stage 3 Planned Service Area to Stage 1A Planned Service Area on the Utility Staging Map. Consistency with the Comprehensive Plan The proposed amendments are supported by and consistent with the Land Use (Chapter 3) goals and policies as noted below: Existing Unsewered Single-Family Subdivisions The urbanized area of the City of Lino Lakes surrounds several large-lot single family subdivisions that are not connected to the public sewer and water systems. These pockets of homes use subsurface sewage treatment systems (SSTS) and some use private wells. The Utility Staging Plan maps these areas in Staging Area 3. Even though the staging plan indicates that these areas will not receive service within the 20-year span of the plan, it is the city’s policy to extend public utilities to these neighborhoods when either requested by the homeowners or when necessary to replace failing SSTS, to preserve and maintain existing neighborhoods. The city’s sewer and water systems have been designed to serve these areas. As part of the Staging Plan update, the city considered changing these neighborhoods to Stage 1A on the 2040 Staging Plan and changing them from “Urban Reserve” to “Low Density Residential” on the Land Use Plan Maps. Including them in the staging plan would 3 remove an extra bureaucratic step (a Comprehensive Plan Amendment) from the process of extending utility service. However, the Metropolitan Council’s formulas for calculating compliance with regional density policies would penalize the city for including these existing neighborhoods unless there is current documentation of SSTS failures. Therefore, case-by- case plan amendments will be necessary before service can be extended to these existing neighborhoods. 1. The City will create a fully integrated Comprehensive Plan and keep it up to date with biannual reviews. The City will perform an intensive review at least once every five years to ensure the plan addresses changing needs and conditions. The need for a Comprehensive Plan amendment to provide municipal services has been petitioned by the residents. The amendment will allow utilities to be provided to replace failing septic systems and wells. 2. The Comprehensive Plan will include a staging plan defining development staging areas sized to accommodate forecasted growth. The proposed amendment to the staging plan will allow the land to be brought into the current staging plan phase. The adjacent areas to the north, south and east are all in the current staging area. 3. The City will monitor the ten-year staging areas and annually determine if adequate land remains available. The proposed amendment applies to land already developed and will have no impact on land supply within staging areas. 4. All development must be located within the current ten-year staging area unless a Comprehensive Plan amendment is approved that redefines the current ten-year staging area. If approved as proposed the amendments would bring the area into the current staging area to allow utility services to be provided. 5. All development must be phased within each ten-year staging area in accordance with the staging plan unless the City Council determines, by resolution, to redefine the location of the current five-year phase. No development is proposed outside of the current staging area. 4 6. Prior to reaching the time threshold for the next ten-year staging area, or five-year phase within a ten-year staging area, depicted on the staging plan, the City Council will determine by resolution if the next area is to be opened to development. The following criteria will be used to determine where and when to open up the next ten-year staging area, or five-year phase within a staging area, in accordance with the timing indicated on the staging plan: a. Adequate infrastructure must be available to support development. Appropriate analysis will determine if adequate infrastructure is available and what utility extensions and transportation improvements are required to support new development. If infrastructure is not available and cannot be made available in a timely manner to support expanding into the next ten-year staging area or five-year phase within a staging area, the city may refrain from opening up the next staging area, or portions thereof. b. Different areas of the city can be considered independently. A decision to open one area of the city to development does not automatically open a different area of the city. Decisions to open new areas to development should clearly define and map the area being opened. c. This process does not require a comprehensive plan amendment because it is in accordance with the timing indicated on staging plan. Staff finds that adequate infrastructure is available to support the existing development. 7. The following criteria will be used to determine if the city should allow a specific development project to occur early in a ten-year staging area, or five-year phase within a staging area, prior to the timing indicated on the staging plan. a. The proposed development must be located within both the current and the next ten- year staging area, or five-year phase, or located adjacent to the current staging area. b. The proposed development must be master planned. Small, piecemeal developments do not justify redefining the ten-year staging area, or five-year phase. c. The proposed, master planned project must provide discernable public values. d. Adequate infrastructure must be available to support development. Appropriate analysis will determine if adequate infrastructure is available and what utility extensions and transportation improvements are required to support new development. e. There must be a commitment that the development will pay its proportionate share of infrastructure improvement costs associated with development. Not applicable. 8. All development must adhere to the Greenway System plan, including all its components, 5 as this plan provides a conservation design framework for growth within the city. This request will adhere to the Greenway System Plan. 9. Include standards in subsequent ordinance updates to ensure quality development that minimizes negative impacts on natural and cultural features of the community. Not applicable. 10. The City will plan to accommodate an annual average of 230 units per year over each 5- year phasing period not to exceed 345 units in any one year. At the end of the 5-year phasing period unallocated units will be averaged out over the next five-year phase. Not Applicable. The proposed area includes developed parcels and no new development would occur with the amendment. Findings of Fact The following are Findings of Fact for the Comprehensive Plan Amendment: 1. The proposed 2040 Comprehensive Plan amendments are needed to provide municipal services to existing residents of the City. 2. The proposed land use and staging plan changes are consistent with the policy text for the 2040 Comprehensive Plan. 3. The proposed amendment is consistent with Sanitary Sewer Plan planned infrastructure improvements and simply allows those improvements to occur earlier. 4. The proposed amendment is consistent with Water Supply Plan planned infrastructure improvements and simply allows those improvements to occur earlier. 5. Subsurface Sewage Treatment Systems in the area are more than 35 years old with failure of some systems. PLANNING AND ZONING BOARD The Planning and Zoning Board held a public hearing on November 13, 2024. The City published notice of the proposed change in the official newspaper and mailed notice to the property owners whose property is proposed to be reclassified. There were no public comments and the board unanimously recommended approval. METROPOLITAN COUNCIL If approved by the City Council the amendment will be submitted to Metropolitan Council for review and determination that the amendment is in conformance with regional policies. 6 RECOMMENDATION Staff recommends approval of the Colonial Woods Neighborhood Comprehensive Plan Amendment. ATTACHMENTS 1. Resolution No. 24-158 CITY OF LINO LAKES RESOLUTION NO. 24-158 APPROVING COMPREHENSIVE PLAN AMENDMENT FOR COLONIAL WOODS NEIGHBHORHOOD WHEREAS, the City is proposing to reconstruct streets within the Colonial Woods neighborhood, and WHEREAS, the neighborhood is currently served by individual subsurface sewage treatment systems and private wells; and WHEREAS, the City finds that it is in the best interest of the public health, welfare and safety to extend municipal sewer and water utilities to service the area as part of the street reconstruction project, and WHEREAS, the neighborhood is currently guided Urban Reserve in the City’s 2040 Comprehensive Plan and located in a Stage 3, post 2040, utility staging area; and WHEREAS, it is necessary to amend the Comprehensive Plan to change the land use to Low Density Residential and the Staging Area to Stage 1A to service the area, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the Comprehensive Plan is hereby amended to: 1. Reclassify the 39 acre Colonial Woods neighborhood from Urban Reserve to Low Density Residential, as shown on the attached Exhibit A 2. Reclassify the 39 acre Colonial Woods neighborhood from Stage 3 Planned Service Area to Stage 1A Planned Service Area, as shown on attached Exhibit B. Adopted by the City Council of the City of Lino Lakes this 25th day of November, 2024. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, CMC, City Clerk Reshanau LakeReshanau Lake Birch St 62nd St N Ash St City of Shoreview White Bear Township COLONIAL WOODS 1,000 0 1,000500 Feet ± Date: 11/5/2024 Time: 1:16:05 PM User: LPSremote Permanent Rural Urban Reserve Low Density Residential Low Density Mixed Residential Medium Density Residential High Density Residential Planned Residential / Commercial Office Residential Signature Gateway District Commercial Town Center Business Campus Industrial Civic and Institutional Parks and Open Space Private Airfield Source:Revised National Wetland Inventory (MN DNR, 2009-2014) Reshanau LakeReshanau Lake Birch St 62nd St N Ash St City of Shoreview White Bear Township Existing Proposed EXHIBIT A Reshanau LakeReshanau Lake Birch St 62nd St N Ash St City of Shoreview White Bear Township COLONNIAL WOODS 1,000 0 1,000500 Feet ± Date: 11/5/2024 Time: 12:46:10 PM User: LPSremote STAGE Stage 1A Planned Service Area (2018 - 2025) Stage 1B Planned Service Area (2025 - 2030) Stage 2A Planned Service Area (2030 - 2035) Stage 2B Planned Service Area (2035 - 2040) Stage 3 Planned Service Area (Post 2040) No Service Source:Revised National Wetland Inventory (MN DNR, 2009-2014) Reshanau LakeReshanau Lake Birch St 62nd St N Ash St City of Shoreview White Bear Township Existing Proposed EXHIBIT B