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Home My WebLink About02-24-25 - Council Meeting Agenda CITY COUNCIL AGENDA Updated 2/24/25 Monday, February 24, 2025 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, 6:00 P.M. Community Room (Not televised) | No Public Comment allowed per the Rules of Decorum 1. Call to Order and Roll Call 2. Setting the Agenda: Addition or Deletion of Agenda Items 3. Administration Update 4. Review Regular Agenda 5. 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. Approval of Expenditures for February 24, 2025 (Check No. 122264 through 122337) in the Amount of $372,711.68 B. Approval of February 10, 2025 City Council Meeting Minutes C. Resolution 25-24 Authorizing the Issuance of a Solicitor License to Walter’s Recycling & Refuse, Inc. D. Approval of February 10, 2025 Work Session Minutes Council Agenda -2- 2. FINANCE DEPARTMENT REPORT No Report 3. ADMINISTRATION DEPARTMENT REPORT A. First Reading of Ordinance No. 04-25 Comcast Franchise Extension Agreement, Dave Pecchia, Interim City Administrator 4. PUBLIC SAFETY DEPARTMENT REPORT No Report 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT A. 2025 Street Reconstruction and Sewer and Water Extension, Pine Haven, Diane Hankee, City Engineer i. Consideration of Resolution No. 25-25, Declaring Cost to be Assessed ii. Consider Resolution No. 25-26, Calling Hearing on Proposed Assessment B. 2025 Street Reconstruction and Sewer and Water Extension, Colonial Woods, Diane Hankee, City Engineer i. Consideration of Resolution No. 25-27, Declaring Cost to be Assessed ii. Consider Resolution No. 25-28, Calling Hearing on Proposed Assessment C. Adoption of Cannabis Business Regulations, Michael Grochala, Community Development Director i. Consider 2nd Reading of Ordinance No. 01-25, Amending Chapter 617 of City Code Establishing Regulations Relating to Cannabis Businesses ii. Consider Resolution No. 25-23, Approving Summary Publication of Ordinance No. 01-25 iii. Consider 1st Reading of Ordinance No. 03-25, Amending the City Fee Schedule to Establish Fees Relating to Cannabis Businesses D. Consider 1st Reading of Ordinance No. 02-25, Amending Chapter 1007 of City Code (Zoning Ordinance), Relating to Cannabis Businesses, Michael Grochala, Community Development Director Council Agenda -3- E. Consider Resolution No. 25-21, Approving Permanent Right of Way Easement and Agreement with Ramsey County, I35/CRJ Interchange Project, Michael Grochala, Community Development Director 7. UNFINISHED BUSINESS No Report 8. NEW BUSINESS No Report 9. NOTICES AND COMMUNICATIONS A. Community Calendar: A Look Ahead i. Environmental Board Meeting, February 26th at 6:30 PM ADJOURNMENT + Expenditures February 24, 2025 Check #122264 to #122337 $372,711.68 check Date Check Bank CKING POOLED CHECKING 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 02/24/2025 122283 122284 122285 122286 122287 122288 122289 122290 122291 122292 122293 122294 122295 122296 122297 122298 122299 122300 122301 02/21/2025 11:19 AM vendor Name COMCAST CONNEXUS ENERGY CORE & MAIN LP CROWN MARKING, INC. EARL F. ANDERSEN EHLERS AND ASSOCIATES CHECK REGISTER FOR CITY OF LINO LAKES CHECK NUMBER 122264 -122337 -CHECK TYPE: PAPER CHECKDescription PHONE & INTERNET SERVICES WATERMARK PARK PAVILION ELECTRICITY ELECTRICITY 3/4 SWIVELS FOR METERS NAME PLATE AND NAME PLATE HOLDERS NAME PLATE -B. WHITE REPLACEMENT STREET NAME PLATES BASES FOR ORGANICS SIGNS HOURLY SERVICES -K. HORN ELMWOOD AREA FIRE DEPARTMENT EXTRICATION EQUIPMENT EMERGENCY AUTOMOTIVE TECHNOLO KUSSMAUL AUTO EJECT #316 ENDURANCE FITNESS OF MN, LLC MONTHLY FEE Erickson, Ross PARTIAL REFUND 6468 OJIBWAY PATH PERMIT FACTORY MOTOR PARTS COMPANY STOCK FILTERS, NITRILE GLOVES, BRAKE CL STOCK FILTERS FRATTALLONE'S/CIRCLE PINES COTTER PINS FOR STUMP GRINDER ATTACHMEN HACH COMPANY BENCH SERVICE AND CALIBRATION FOR WATER HAWKINS, INC. CHLORINE CYLINDER CHLORINE CYLINDERS WATER TREATMENT CHEMICALS HOTSY MINNESOTA REPAIR ITEM FOR FIRE STATION 2 HYDRAULIC SPECIALTY, INC. REPAIR HYDRAULIC CYLINDER & REPLACE 3 H IMAGE PRINTING & GRAPHICS, IN ROOKERY TRI-FOLD BROCHURE IMPERIAL DADE SPRAY BOTTLE HEAD (2) JANITORIAL SUPPLIES LABLES & FACIAL TISSUE KAVIAC VACUUM HOSE & METERING TIP INFINITE HEALTH COLLABORATIVE WELLNESS PROGRAM -AFG GRANT REIMBURSED Amount 278.89 167.39 16. 776,395.46 6,412.23 248.50 568.51 38.45 606.96 6,291.80 839.45 7,131.25 8,875.00 7,500.00 300.32 11,665.00 58.40 205.29 51.56 256.85 6.24 941.00 10.00 130.00 5,912.95 6,052.95 281. 593,016.12 66.90 7.10 695.38 41.49 360.18 1,104.15 781. 25 Page: 2/5 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting February 24, 2025 Transfer In/(Out) 2/4/2025 H.S.A. Employer Contribution (6,541.50) 2/14/2025 Transfer from Money Market 500,000.00 2/14/2025 Payroll #02 (224,158.79) 2/14/2025 Payroll #04 Federal Deposit (67,569.24) 2/14/2025 Payroll #04 PERA (61,858.32) 2/14/2025 Payroll #04 State (15,123.03) 2/14/2025 Payroll #04 Child Support (321.48) 2/14/2025 Payroll #04 H.S.A. Bank Pretax (4,061.72) 2/14/2025 Payroll #04 TASC Pretax (1,298.02) 2/14/2025 Payroll #04 Mission Sq 457 Def. Comp #301596 (2,295.00) 2/14/2025 Payroll #04 Mission Sq Roth IRA #706155 (669.23) 2/14/2025 Payroll #04 MSRS HCSP #98946-01 (5,567.98) 2/14/2025 Payroll #04 MSRS Def. Comp #98945-01 (2,355.00) 2/14/2025 Payroll #04 MSRS Roth IRA #98945-01 (799.00) 2/20/2025 Sales & Use Tax (9,541.00) 2/21/2025 Building Permit Surcharge - December 2024 (456.36) 2/21/2025 Building Permit Surcharge - January 2025 (2,273.13) Page 1 of 6 LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: February 10, 2025 TIME STARTED: 6:34 PM TIME ENDED: 7:09 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: Interim City Administrator Dave Pecchia, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Planner Katie Larsen, City Engineer Diane Hankee, Environmental Coordinator Tom Hoffman, HR and Communications Manager Meg Sawyer, and Interim Public Safety Director Curt Boehme. The meeting was called to order by Mayor Rafferty at 6:34 PM. Mayor Rafferty provided an overview of the Rules of Decorum. PUBLIC COMMENT Mayor Rafferty opened the public comment period. There was no public comment. Mayor Rafferty closed the public comment period at 6:35 p.m. SETTING THE AGENDA The agenda was adopted as presented. 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A through 1J as presented. 2. FINANCE DEPARTMENT REPORT None 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 6 3. ADMINISTRATION DEPARTMENT REPORT A. Approval of 2025-2026 AFSCME Local No. 2454 Contract Motion to approve the 2025-2026 Labor Agreement between the City of Lino Lakes and AFSCME Local No. 2454. B. Appointment of Police Officer Motion to approve the appointment of Jordan Oleson to the Police Officer Position at Step 1 in a 7-step wage scale for the Police Officer position, with a start date of February 26, 2025. C. Appointment of Police Officer Motion to approve the appointment of Zachary Crowley to the Police Officer position at Step 1 in a 7-step wage scale for the Police Officer position, with a start date of March 17, 2025. 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT None RESULT: CARRIED [5-0] MOVER: Lyden 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: Cavegn SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 3 of 6 6. COMMUNITY DEVELOPMENT REPORT A. Resolution No. 25-16 Interim Use Permit for Shuda Farms Motion to approve Resolution No. 25-16 Approving Interim Use Permit for Shuda Farms. B. 416 Lilac Street (BRF Enterprises) Motion to approve Resolution No. 25-13 Approving Conditional Use Permit for Automobile Repair-Major and Minor. Motion to approve Resolution No. 25-14 Approving Conditional Use Permit for Outdoor Storage. The City Planner stated that the resolution approving the stie improvement performance agreement would be brought back at a future meeting. C. Resolution No. 25-22, Centerville Road/CRJ Roundabout (RAB) Landscaping Design and Administration Motion to approve Resolution No. 25-22 Authorizing Professional Services Agreement with WSB for the Centerville Road/CRJ RAB Landscaping Design and Administration 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 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 6 D.Ordinance Amending Chapter 617 Regulating Cannabis Businesses The Community Development Director highlighted the requested amendments to the draft ordinance related to hours and buffers for special events. Motion to dispense with the full reading of the Ordinance Amending Chapter 617 of City Code Establishing Regulations Relating to Cannabis Businesses. Motion to provide First Reading of an Ordinance Amending Chapter 617 of City Code Establishing Regulations Relating to Cannabis Businesses, as amended regarding hours and buffers for special events. E.Resolution No. 25-28, CSAH 49/CRJ Roundabout Decorative Lighting Project – Final Payment Motion to approve Resolution No. 25-28, Final Payment Decorative Lighting for the CSAH 49/CRJ Roundabout Project. RESULT: CARRIED [5-0] MOVER: Lyden 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: 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 Lino Lakes City Council Minutes Page 5 of 6 F. 2025 Street Rehabilitation Project Motion to approve Resolution No. 25-19, Accepting Bids, Awarding Construction Contract. Motion to approve Resolution No. 25-20 Approving Construction Services Contract with WSB, LLC. G. Resolution No. 25-12, North Oaks Development Company, Mixed Use Development EAW Notice of Decision Motion to approve Resolution No. 25-12, Approving the Record of Decision and Making a Negative Declaration on the need for an Environmental Impact Statement. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None 9. NOTICES AND COMMUNICATIONS A. Community Calendar: A Look Ahead RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Ruhland 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: Stoesz SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Lino Lakes City Council Minutes Page 6 of 6 i. Planning & Zoning Board Meeting, Wednesday, February 12th at 6:30 P.M. ii. There is an Economic Development Authority meeting immediately following tonight’s City Council Meeting. ADJOURNMENT Mayor Rafferty adjourned the meeting at 7:09 p.m. These minutes were approved at the City Council Meeting on February 24, 2025. _________________________ _________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1C STAFF ORIGINATOR: Roberta Colotti, CMC, City Clerk MEETING DATE: February 24, 2025 TOPIC: Resolution No. 25-24 Authorizing the Issuance of a Solicitor License to Walter’s Recycling & Refuse, Inc. VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The Council is being asked to Consider Resolution No. 25-24 Authorizing the Issuance of a Solicitor License to Walter’s Recycling & Refuse, Inc. BACKGROUND Walter’s Recycling & Refuse, Inc, located at 2830 101st Ave. NE, Blaine, MN has submitted a solicitor’s license application to the City Clerk’s office. The company representatives listed to work in Lino Lakes are Adam Chier and Adam Paulson. They plan to travel through Lino Lakes neighborhoods, going door-to-door to offer residential garbage service. The term of the license is six (6) months, effective March 1, 2025 through August 31, 2025 The City has received the necessary forms required to issue a Solicitor License. The Lino Lakes Public Safety Department completed a background check and there are no limiting conditions. Payment is pending approval of the license and will be a condition of issuance of the license. RECOMMENDATION Approval of Resolution No. 25-24 Authorizing the Issuance of a Solicitor License to Walter’s Recycling & Refuse, Inc. ATTACHMENTS Resolution No. 25-24 CITY OF LINO LAKES RESOLUTION NO. 25-24 AUTHORIZING THE ISSUANCE OF A SOLICITOR LICENSE TO WALTER’S RECYCLING & REFUSE, INC. WHEREAS, Walter’s Recycling & Refuse, Inc., located in Blaine, Minnesota, has applied for a solicitor license to allow Adam Chier and Adam Paulson to solicit within the City of Lino Lakes; and WHEREAS, Walter’s Recycling & Refuse, Inc. has complied with the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license, except for payment which is pending approval of the license. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes, Minnesota hereby approves the request of Walter’s Recycling & Refuse, Inc. to solicit throughout Lino Lakes for a period of six (6) months, effective March 1, 2025 through August 31, 2025, contingent upon payment and maintenance of all conditions of the license. Adopted by the City Council of the City of Lino Lakes this 24th day of February 2025. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, CMC City Clerk Page 1 of 3 Lino Lakes City Council Work Session Minutes DATE: February 10, 2025 TIME STARTED: 6:00 P.M. TIME ENDED: 6:32 P.M. LOCATION: Community Room MEMBERS PRESENT: Mayor Rafferty Councilmembers Cavegn, Lyden, Stoesz and Ruhland MEMBERS ABSENT: None Staff Members Present: Interim City Administrator Dave Pecchia, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Planner Katie Larsen, City Engineer Diane Hankee, Environmental Coordinator Tom Hoffman, HR and Communications Manager Meg Sawyer, and Interim Public Safety Director Curt Boehme. 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 Interim City Administrator requested to add an Administrative Update to this and future Work Session agendas. The agenda was adopted as amended to include an Administrative Update. 3. Review Regular Agenda The HR and Communications Manager reported that with the 2025-2026 AFSCME labor agreement scheduled for this evening, all contract negotiations would be finalized. The HR and Communications Manager and Interim Public Safety Director provided an overview of the two police officer appointments recommended for approval this evening. It was noted that the different start dates for the two officers was based on the school schedule for the two different programs that the candidates attended. The City Engineer reviewed the Interim Use Permit proposed for Shuda Farms. The City Planner reviewed the Conditional Use Permits for the automobile repair business and associated outdoor storage for BRF Enterprises, LLC. The City Planner confirmed that the drawings would be updated by the applicant to reflect the required parking as part of the approval process. The Community Development Director reviewed the draft ordinance regarding cannabis businesses. He stated that this evening the Council would be asked to provide first Page 2 of 3 reading of the license regulation ordinance and that it would be brought back for second reading on February 24th. The Planning & Zoning Board is also reviewing the zoning element of the cannabis regulations and a first reading of the ordinance amending the zoning code would be brought back on February 24th for first reading, with second reading/adoption scheduled for March 2025. The City Engineer reviewed the decorative lighting plan for the CSAH 49/CRJ Roundabout Project. Noting that final payment is requested. The Council discussed that the roadway lighting is not uniform. They questioned options for city signage/lighting. It was identified that the requirements of the county and limitations of the site require the different light styles and do not support signage/lighting within the roundabout. The City Engineer stated that the 2025 Street Rehabilitation Project bids came back favorable. As a result, the bid alternatives are recommended for approval with the bid award this evening. This will advance the 2026 project list as well. It was noted that while the contractor has not worked in Lino Lakes before, the project manager has successfully managed projects in Lino Lakes for another company in the past. The Environmental Coordinator reviewed the North Oaks Company project, Environmental Assessment Worksheet (EAW). The next consideration is for the need for an environmental Impact Statement. He stated that it is recommended that the City Council make a negative declaration on the need for an Environmental Impact Statement by the North Oaks Company, mixed use development project. 4. Administrative Update The Interim City Administrator reported the following staffing updates: The Public Services/Parks & Recreation Department has posted for the summer seasonal workers. A recycling intern has been hired within the Community Development Department. The Community Development Specialist position vacancy has been posted. The hiring process for the City Administrator is moving forward and a number of applications have been received to date with the closing date pending. The Public Services Administrative Assistant has been designated as back-up for the City Clerk position. The Interim City Administrator provided an overview of the Citygate report and action items to date. He reviewed the Emergency Management role and identified that this is a critical role and is planned to have a depth of three trained managers. The Fire Department is anticipated to hold the Emergency Management title, with Public Safety Page 3 of 3 and Public Services both trained and prepared for management of any responses requiring 24-hour staffing. The Interim City Administrator reported that the police department had an all staff meeting on February 5th, held by the Interim Public Safety Director and the Interim Fire Chief is planning to hold a similar meeting for the Fire Department on February 18th. The Interim City Administrator stated that the Public Safety Department now has a flat organizational chart. He stated that it is planned to continue that way with final changes to the organizational chart, with the Citygate mid-point report recently presented and the final report pending. He stated that the Interim Public Safety Director is working on an organizational chart. The Council will be presented with options including costs, when the final Citygate report is presented. The Fire Department will also develop a three-year plan for staffing, including options with costs for the consideration of the Council at the time the Citygate final report is presented. He noted that because the city has a finite amount of money the costs will be presented with each staffing option. The Council asked about emergency management training. The Interim City Administrator stated that the City completed staff level training in 2024 on crisis communications. A consultant was contracted to provide the training. He stated that Anoka County has offered to assist the city with putting together an in-house training program for the City Council. He supported the development of an in-house training program. He stated that because emergency management is an important role, he wanted the Council to meet the appointed representative and to then move forward with the development of the training program. 5. Adjournment Mayor Rafferty adjourned the meeting at 6:32 p.m. These minutes were approved at the regular Council Meeting on February 24, 2025. ___________________________ ___________________________ Roberta Colotti, CMC Rob Rafferty, City Clerk Mayor CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 1D STAFF ORIGINATOR: Dave Pecchia, Interim City Administrator MEETING DATE: February 24, 2025 TOPIC: Ordinance No. 04-25, Comcast Franchise Extension Agreement VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION The Council is being asked to consider Ordinance No. 04-25, Franchise Extension Agreement. This agreement is with Comcast of Minnesota, Inc. and extends to any successors or assigns of Comcast. BACKGROUND The ordinance extends the franchise agreement for five years. The City is a part of North Metro Telecommunications Commission and each city within the consortium must adopt the extension agreement separately. Comcast has reviewed and is in support of the agreement as presented. The Chair of the North Metro Telecommunications Commission, Barbara Goodboe-Bisschoff has written the following regarding the proposed franchise extension: “This ordinance preserves all of the provisions of the current franchise, as well as: - The January 29, 1996, Memorandum of Understanding (MOU) - The 1997 Resolution Transferring Community Television Programming Responsibilities from Group W of the North Central Suburbs, d/b/a Meredith Cable to the North Central - The Franchise Settlement Agreement dated December 17, 2014 The ordinance was drafted by Commission Attorney Mike Bradley.” RECOMMENDATIONS • Dispense with the full reading of Ordinance No. 04-25, Franchise Extension Agreement. • Adopt First Reading of Ordinance No. 04-25, Franchise Extension Agreement ATTACHMENTS Ordinance No. 04-25 CITY OF LINO LAKES ORDINANCE NO. 04-25 FRANCHISE EXTENSION AGREEMENT THIS AGREEMENT, effective upon passage and acceptance, between the City of Lino Lakes, Minnesota (the “City”), and Comcast of Minnesota, Inc., a Minnesota corporation (“Comcast”). WHEREAS, the City granted Comcast a non-exclusive franchise to construct, operate and maintain a cable television system through a cable television franchise ordinance accepted and agreed upon by Comcast (the “Franchise’); WHEREAS, the City, is a member of the North Metro Telecommunications Commission (the “Commission”); WHEREAS, Comcast and the Commission are parties to (1) a Memorandum of Understanding (MOU) dated January 29, 1996; (2) the 1997 Resolution Transferring Community Television Programming Responsibilities from Group W of the North Central Suburbs, d/b/a Meredith Cable to the North Central; and (3) the Franchise Settlement Agreement dated December 17, 2014 (collectively the “Agreements”); WHEREAS, the term of the Franchise expired on or about December 31, 2020, and Comcast continued to operate under the terms and conditions of the Franchise; and WHEREAS, the parties desire to extend the current Franchise and Agreements. NOW, THEREFORE, THE CITY OF LINO LAKES ORDAINS AS FOLLOWS: Section 1. Section 2.4 of the Franchise is hereby amended by extending the term of such Franchise through and including June 30, 2030. The Parties do not waive any rights under Section 626 of the Federal Cable Act and agree that Grantee shall not be required to file an additional Section 626 Letter to preserve its rights to formal proceedings under the Franchise. Section 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. Section 3. Neither party waives any rights under law as a result of agreeing to this Franchise extension. Section 4. The Agreements shall remain effective so long as Comcast, including any successors or assigns, continues to operate under the Franchise, including as it may be extended pending the completion of the renewal process. Neither the Commission nor Comcast may terminate the Agreements prior to renewal. 1st Reading: February 24, 2025 Website Notice: February 25, 2025 2nd Reading: March 10, 2025 Publication: March 18, 2025 Adoption: March 10, 2025 Effective: April 17, 2025 2 Passed and adopted this 10th day of March, 2025. CITY OF LINO LAKES Mayor ATTEST ___________________________________ City Clerk APPROVED AS TO FORM ___________________________________ City Attorney ACCEPTANCE BY COMCAST Comcast agrees to the terms and conditions of this Ordinance and Franchise Extension Agreement. COMCAST OF MINNESOTA, INC. ___________________________________ Kalyn Hove Title: Regional Senior Vice President, Comcast Midwest Region Date: ______________________________ ACCEPTANCE BY NORTH METRO TELECOMMUNICATIONS COMMISSION NORTH METRO TELECOMMUNICATIONS COMMISSION __________________________________ Commission Chair Date: _____________________________ CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 24, 2025 TOPIC: 2025 Street Reconstruction and Sewer and Water Extension, Pine Haven i. Consideration of Resolution No. 25-25, Declaring Cost to be Assessed ii. Consider Resolution No. 25-26, Calling Hearing on Proposed Assessment VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting City Council consideration to declare the cost to be assessed, and call the hearing on proposed assessments for the 2025 Street Reconstruction and Sewer and Water Extension Project in the Pine Haven neighborhood. BACKGROUND The City Council approved the Feasibility Study for the 2025 Street Reconstruction and Sewer and Water Extension Project on June 10, 2024. Council then held a public hearing for the installation of sanitary sewer and watermain in the Pine Haven neighborhood on July 22, 2024. After the public hearing there was a 60 day petition period. There were no valid petitions against the project submitted. On December 9, 2024 Council ordered the project, approved the plans and specifications and authorized the ad for bid. Bids were received for the 2025 Street Reconstruction and Sewer and Water Extension project on February 11, 2025. The sanitary sewer and water construction costs as bid for the Pine Haven neighborhood came in at $1,286,558.00. The feasibility study estimated construction cost was $1,188,520.00. The 8% increase falls within the project contingencies and planned budgets. The total sanitary sewer and water project cost with contingencies and overhead is $1,604,530.00. The proposed funding is as follows: $480,000.00 Sanitary Sewer and Water Assessments $1,124,530.00 Trunk Area and Unit Fund $1,604,530.00 Total 2 The amount to be assessed against the abutting benefitted properties is $480,000.00. The proposed assessment role is enclosed. The assessments would be payable over 15 years at an interest rate of 5 percent. The next step in the process is to call for the hearing on the proposed assessment. The proposed hearing will be held at the March 24, 2025 City Council meeting. Notice of the meeting will be published in the City’s official newspaper (Quad Press). Mailed notice will be provided to each parcel owner not less than two weeks prior to the hearing. The assessments would be certified to Anoka County for taxes payable 2026. RECOMMENDATION Staff is recommending approval of Resolutions No. 25-25 and 25-26 declaring the cost to be assessed, and calling the hearing on proposed assessments for the 2025 Street Reconstruction and Sewer and Water Extension Project in the Pine Haven neighborhood. ATTACHMENTS 1. Resolution No. 25-25 2. Resolution No. 25-26 3. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 25-25 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT 2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT WHEREAS, the City of Lino Lakes received bids for the 2025 Street Reconstruction and Sewer and Water Extension Project, Pine Haven, on February 11, 2025 and the total project cost will be $1,604,530.00; and WHEREAS, Minnesota Statute 429.061 provides that the City Council shall determine by resolution the amount of the total expense a municipality will pay other than amount, if any, which it will pay as a property owner and the amount to be specially assessed. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The City’s share of the total cost of the above-described improvement is hereby declared to be $1,124,530.00 and the portion of the cost to be assessed against benefited property owners is declared to be $480,000.00. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2026 and shall bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City’s engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the assessment area affected, without regard to cash valuation, as provided by law, and file a copy of such proposed assessment in the Clerk’s office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council of the City of Lino Lakes this 24th day of February, 2025. ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, City Clerk CITY OF LINO LAKES RESOLUTION NO. 25-26 A RESOLUTION CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT 2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT WHEREAS, the City Council directed the City Clerk to prepare a proposed assessment roll for the sanitary sewer and water portion of the 2025 Street Reconstruction and Sewer and Water Extension Project for the Pine Haven neighborhood. WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and is on file for public inspection. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The Notice of Assessment Hearing, attached hereto as Exhibit A is hereby approved and ratified. 2. A hearing shall be held on the 24th day of March, 2025, at Lino Lakes City Hall Council Chambers located at 600 Town Center Parkway, Lino Lakes, Minnesota at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The action of the Clerk to cause the attached Notice of Assessment Hearing to be published at least once in the official newspaper at least two weeks prior to the hearing and to mail the Notice to the owners of each parcel described in the assessment roll is hereby approved and ratified. The mailing will be not less than two weeks prior to the hearing. Adopted by the Council of the City of Lino Lakes this 24th day of February, 2025. ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, City Clerk EXHIBIT A CITY OF LINO LAKES NOTICE OF SPECIAL ASSESSMENT HEARING 2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT Notice is hereby given that the City Council will meet at 6:30 p.m. on March 24, 2025 at Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 to consider, and possibly adopt, the proposed assessment against abutting properties, for the installation of sanitary sewer and watermain with the 2025 Street Reconstruction and Sewer and Water Extension Project in the Pine Haven neighborhood. The total amount of the proposed assessment is $480,000.00. Adoption by the Council of the proposed assessment may occur at the hearing. Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2026, and will bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The property owner may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. The property owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If the property owner decides not to prepay the assessment before the date given above the rate of interest that will apply is 5 percent per year. The proposed assessment roll is on file for public inspection at the City Clerk’s office. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§ 435.193 to 435.195 and City Code Section 303.10, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and City Code all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and City Code may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his/her property. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. ___________________________________ City Clerk WSB Project:2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT (PINE HAVEN)Residential per Unit Project Location:City of Lino Lakes Cost WSB Project No.:023620-000 Date:2/24/2025 $16,000.00 MapID PIN OWNER ASSESSMENT 1 043122330014 8060 LAKE DR LINO LAKES MN 55014 BOHJANEN-HAMMITT, CANDICE A $16,000.00 2 043122330015 8066 LAKE DR LINO LAKES MN 55014 MCKENZIE ANDREW W & KITTY A $16,000.00 3 043122330016 8074 LAKE DR LINO LAKES MN 55014 KOHEL TRUSTEE, MARY A $16,000.00 4 043122330025 904 81ST ST W LINO LAKES MN 55014 GENOSKY, JOHN JOSEPH $16,000.00 5 043122330024 8031 DANUBE ST LINO LAKES MN 55014 BARBER GERALD G & DIANE L $16,000.00 6 043122330023 8027 DANUBE ST LINO LAKES MN 55014 SCHMIDT, GARY DANIEL $16,000.00 7 043122330022 8023 DANUBE ST LINO LAKES MN 55014 YORK, DANIEL BRUCE $16,000.00 8 043122330021 8021 DANUBE ST LINO LAKES MN 55014 RODRIGUEZ JESSE $16,000.00 9 043122330020 8015 DANUBE ST LINO LAKES MN 55014 APMAN JEFFREY J & MICHELLE R $16,000.00 10 043122330019 8016 DANUBE ST LINO LAKES MN 55014 TESTIN TRUSTEE NEAL $16,000.00 11 043122340021 8020 DANUBE ST LINO LAKES MN 55014 SCHALLY, JANELLE C $16,000.00 12 043122340020 8024 DANUBE ST LINO LAKES MN 55014 AGWA OBANG O $16,000.00 13 043122340019 8028 DANUBE ST LINO LAKES MN 55014 MASTRIAN, LYNDSEE ANNA $16,000.00 14 043122340018 8032 DANUBE ST LINO LAKES MN 55014 MAMMENGA DEREK R $16,000.00 15 043122340017 954 81ST ST W LINO LAKES MN 55014 CARR TRUSTEE, JAMES $16,000.00 16 043122340016 8029 ELBE ST LINO LAKES MN 55014 MCCOY, JOHN E $16,000.00 17 043122340015 8025 ELBE ST LINO LAKES MN 55014 BARSKI NANCY L $16,000.00 18 043122340014 8021 ELBE ST LINO LAKES MN 55014 STAFKI ROBERT L & SHARON A $16,000.00 19 043122340013 8019 ELBE ST LINO LAKES MN 55014 METZGER DAVID A & BARRON AMY C $16,000.00 20 043122340012 8015 ELBE ST LINO LAKES MN 55014 BUSCH TRACI M $16,000.00 21 043122340010 8011 ELBE ST LINO LAKES MN 55014 MURPHY TRUSTEE ROBERT $16,000.00 22 043122340004 8010 ELBE ST LINO LAKES MN 55014 THIGPEN RICKEY A & TAMARA L $16,000.00 23 043122340005 8016 ELBE ST LINO LAKES MN 55014 SCHULTZ CAROL M $16,000.00 24 043122340006 8020 ELBE ST LINO LAKES MN 55014 SCHMIDT ROBERT J & MARY P $16,000.00 25 043122340007 8024 ELBE ST LINO LAKES MN 55014 BERNFELD MICHAEL & CAROLYN $16,000.00 26 043122340008 8028 ELBE ST LINO LAKES MN 55014 FREDRICKSON, JERRINE $16,000.00 27 043122340009 8032 ELBE ST LINO LAKES MN 55014 HOOVESTOL CURTIS $16,000.00 28 043122340023 8038 ELBE ST LINO LAKES MN 55014 WHELAN, BRIAN $16,000.00 29 043122340022 953 81ST ST W LINO LAKES MN 55014 MOSER, STEVEN ROBERT $16,000.00 30 043122330026 945 81ST ST W LINO LAKES MN 55014 PEARSON, JULIE M $16,000.00 $480,000.00 Assessment Roll PROPERTY ADDRESS CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 24, 2025 TOPIC: 2025 Street Reconstruction and Sewer and Water Extension, Colonial Woods i. Consideration of Resolution No. 25-27, Declaring Cost to be Assessed ii. Consider Resolution No. 25-28, Calling Hearing on Proposed Assessment VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting City Council consideration to declare the cost to be assessed, and call the hearing on proposed assessments for the 2025 Street Reconstruction and Sewer and Water Extension Project in the Colonial Woods neighborhood. BACKGROUND The City Council approved the Feasibility Study for the 2025 Street Reconstruction and Sewer and Water Extension Project on June 10, 2024. Council then held a public hearing for the installation of sanitary sewer and watermain in the Colonial Woods neighborhood on July 8, 2024. After the public hearing there was a 60 day petition period. There were no valid petitions against the project submitted. On December 9, 2024 Council ordered the project, approved the plans and specifications and authorized the ad for bid. Bids were received for the 2025 Street Reconstruction and Sewer and Water Extension project on February 11, 2025. The sanitary sewer and water construction costs as bid for the Colonial Woods neighborhood came in at $925,296.00. The feasibility study estimated construction cost was $1,093,595.00. The project bid is under the planned budget amount. The total sanitary sewer and water project cost with contingencies and overhead is $1,211,460.00. The proposed funding is as follows: $522,000.00 Sanitary Sewer and Water Assessments $689,460.00 Trunk Area and Unit Fund $1,211,460.00 Total 2 The amount to be assessed against the abutting benefitted properties is $522,000.00. The proposed assessment role is enclosed. The assessments would be payable over 15 years at an interest rate of 5 percent. The next step in the process is to call for the hearing on the proposed assessment. The proposed hearing will be held at the March 24, 2025 City Council meeting. Notice of the meeting will be published in the City’s official newspaper (Quad Press). Mailed notice will be provided to each parcel owner not less than two weeks prior to the hearing. The assessments would be certified to Anoka County for taxes payable 2026. RECOMMENDATION Staff is recommending approval of Resolutions No. 25-27 and 25-28 declaring the cost to be assessed, and calling the hearing on proposed assessments for the 2025 Street Reconstruction and Sewer and Water Extension Project in the Colonial Woods neighborhood. ATTACHMENTS 1. Resolution No. 25-27 2. Resolution No. 25-28 3. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 25-27 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT 2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT WHEREAS, the City of Lino Lakes received bids for the 2025 Street Reconstruction and Sewer and Water Extension Project, Colonial Woods, on February 11, 2025 and the total project cost will be $1,211,460.00; and WHEREAS, Minnesota Statute 429.061 provides that the City Council shall determine by resolution the amount of the total expense a municipality will pay other than amount, if any, which it will pay as a property owner and the amount to be specially assessed. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The City’s share of the total cost of the above-described improvement is hereby declared to be $689,460.00 and the portion of the cost to be assessed against benefited property owners is declared to be $522,000.00. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2026 and shall bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City’s engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the assessment area affected, without regard to cash valuation, as provided by law, and file a copy of such proposed assessment in the Clerk’s office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council of the City of Lino Lakes this 24th day of February, 2025. ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, City Clerk CITY OF LINO LAKES RESOLUTION NO. 25-28 A RESOLUTION CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT 2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT WHEREAS, the City Council directed the City Clerk to prepare a proposed assessment roll for the sanitary sewer and water portion of the 2025 Street Reconstruction and Sewer and Water Extension Project in the Colonial Woods neighborhood. WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and is on file for public inspection. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The Notice of Assessment Hearing, attached hereto as Exhibit A is hereby approved and ratified. 2. A hearing shall be held on the 24th day of March, 2025, at Lino Lakes City Hall Council Chambers located at 600 Town Center Parkway, Lino Lakes, Minnesota at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The action of the Clerk to cause the attached Notice of Assessment Hearing to be published at least once in the official newspaper at least two weeks prior to the hearing and to mail the Notice to the owners of each parcel described in the assessment roll is hereby approved and ratified. The mailing will be not less than two weeks prior to the hearing. Adopted by the Council of the City of Lino Lakes this 24th day of February, 2025. ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, City Clerk EXHIBIT A CITY OF LINO LAKES NOTICE OF SPECIAL ASSESSMENT HEARING 2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT Notice is hereby given that the City Council will meet at 6:30 p.m. on March 24, 2025 at Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 to consider, and possibly adopt, the proposed assessment against abutting properties, for the installation of sanitary sewer and watermain with the 2025 Street Reconstruction and Sewer and Water Extension Project, Colonial Woods neighborhood. The total amount of the proposed assessment is $522,000.00. Adoption by the Council of the proposed assessment may occur at the hearing. Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2026, and will bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The property owner may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. The property owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If the property owner decides not to prepay the assessment before the date given above the rate of interest that will apply is 5 percent per year. The proposed assessment roll is on file for public inspection at the City Clerk’s office. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§ 435.193 to 435.195 and City Code Section 303.10, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and City Code all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and City Code may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his/her property. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. ___________________________________ City Clerk WSB Project:2025 STREET RECONSTRUCTION AND SEWER AND WATER EXTENSION PROJECT (COLONIAL WOODS)Residential per Unit Project Location:City of Lino Lakes Cost WSB Project No.:023620-000 $18,000.00 Date:2/24/2025 MapID PIN OWNER ASSESSMENT 1 323122140013 707 62ND ST LINO LAKES MN 55014 MUNSON DOUGLAS C & GALE A $18,000.00 2 323122140012 6205 RED MAPLE LN LINO LAKES MN 55014 YOCHUM NICHOLAS ANTON $18,000.00 3 323122140014 6225 RED MAPLE LN LINO LAKES MN 55014 ENGST STEPHEN T & KAREN A $18,000.00 4 323122140015 6233 RED MAPLE LN LINO LAKES MN 55014 KORKOWSKI KENNETH J & G E $18,000.00 5 323122140016 6241 RED MAPLE LN LINO LAKES MN 55014 DICK TERRANCE J $18,000.00 6 323122140017 6249 RED MAPLE LN LINO LAKES MN 55014 LANGANKI TRUSTEE, CYNTHIA $18,000.00 7 323122140018 6255 RED MAPLE LN LINO LAKES MN 55014 CASURA, WAYNE A $18,000.00 8 323122140019 6263 RED MAPLE LN LINO LAKES MN 55014 BORDSEN TRUSTEE JAMES D $18,000.00 9 323122140020 6273 RED MAPLE LN LINO LAKES MN 55014 MILLER, CARA DEANNE $18,000.00 10 323122140011 6283 RED MAPLE LN LINO LAKES MN 55014 SLATTEN, MONIKA E $18,000.00 11 323122140010 6291 RED MAPLE LN LINO LAKES MN 55014 O CONNOR MICHAEL E & LINDA J $18,000.00 12 323122140009 6299 RED MAPLE LN LINO LAKES MN 55014 KENNY JOHN P & DAWN M $18,000.00 13 323122140008 6307 RED MAPLE LN LINO LAKES MN 55014 SAGER, CHELSEA R $18,000.00 14 323122140007 6317 RED MAPLE LN LINO LAKES MN 55014 DROW CHRISTINE J $18,000.00 15 323122140006 6323 RED MAPLE LN LINO LAKES MN 55014 DEDOMINES, ANNETTE M $18,000.00 16 323122140005 6331 RED MAPLE LN LINO LAKES MN 55014 O'NEILL, MAURA J $18,000.00 17 323122140004 6339 RED MAPLE LN LINO LAKES MN 55014 BUSHOR, STEPHEN R $18,000.00 18 323122140003 6347 RED MAPLE LN LINO LAKES MN 55014 KELLY JODI L & VANBERGEN BRIAN $18,000.00 19 323122140002 6216 RED MAPLE LN LINO LAKES MN 55014 KEMPLIN MARK STEVE $18,000.00 20 323122140001 6206 RED MAPLE LN LINO LAKES MN 55014 KELLER RICHARD A & REBECCA $18,000.00 22 323122140028 6354 RED MAPLE LN LINO LAKES MN 55014 ANDERSON JOSHUA J $18,000.00 23 323122140027 6242 RED MAPLE LN LINO LAKES MN 55014 JAVORSKI STANLEY & DOLORES $18,000.00 24 323122140026 6250 RED MAPLE LN LINO LAKES MN 55014 ENGSTROM, CAESARE $18,000.00 25 323122140025 6272 RED MAPLE LN LINO LAKES MN 55014 BARTHEL TRUSTEE, JOSEPH L $18,000.00 26 323122140024 6280 RED MAPLE LN LINO LAKES MN 55014 DEWITT DAVID F & KAREN E $18,000.00 27 323122140023 6292 RED MAPLE LN LINO LAKES MN 55014 MEIS, CARRIE A $18,000.00 28 323122140022 6310 RED MAPLE LN LINO LAKES MN 55014 OMAN JONATHAN $18,000.00 29 323122140021 6340 RED MAPLE LN LINO LAKES MN 55014 FERNSTROM GEORGE R & LYNN K $18,000.00 30 323122140029 6348 RED MAPLE LN LINO LAKES MN 55014 LECLAIRE, BRIANNA R $18,000.00 $522,000.00 Assessment Roll PROPERTY ADDRESS INTENTIONALLY LEFT BLANK 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: February 24, 2025 TOPIC: i. Consider Second Reading of Ordinance No. 01-25, Amending Chapter 617 of the City Code Concerning the Regulation of Cannabis Businesses ii. Consider Resolution No. 25-23, Approving Summary Publication of Ordinance No. 01-25 iii. Consider Resolution No. 03-25, Amending City Fee Schedule to Establish Fees Relating to Cannabis Businesses VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council to consider an amendment to City Code regulating cannabis businesses, approval of a summary publication of the ordinance, and amendment of the City Fee Schedule regarding registration fees. BACKGROUND As discussed at the December 2, 2024 and January 6, 2025, work sessions, Minnesota Statutes, Chapter 342, adopted in 2023 and amended in 2024 authorizes the cultivation, manufacturing and sale of cannabis products. Minnesota’s new Office of Cannabis Management (OCM) will be responsible for the licensing of cannabis businesses. The State is currently completing the rulemaking process which will likely be completed after the first of the year (2025). Amendments to Section 617 of City Code are being proposed to address the registration process and establish local requirements for cannabis businesses. The Council approved the first reading of Ordinance No. 01-25 on February 10, 2025. Due to the length of Ordinance No. 01-25 a summary of the ordinance has been prepared for publication. 2 The amendments to City Code Chapter 617 include the establishment of new registration fees. Staff has prepared an amendment to the City fee schedule (Chapter 218) to establish the new fees. State law and Ordinance No. 01-25 caps the application fee at $500.00 and the renewal fee at $1,000.00. Staff is proposing the establish those maximums. Lower potency hemp retail registration and renewal is proposed at $250.00, which is the same currently charged for Cannabinoid licenses. RECOMMENDATION Staff is recommending approval of: • the Second Reading of Ordinance No. 01-25 • approval of resolution No. 25-23, approving the Summary of Ordinance No. 01-25 for publication • the First Reading of Ordinance No. 03-25 amending the City Fee Schedule. ATTACHMENTS 1. Ordinance No. 01-25 2. Resolution No. 25-23 3. Ordinance No. 03-25 1st Reading: February 10, 2025 Website Notice: February 11, 2025 2nd Reading: February 24, 2025 Publication: March 4, 2025 Adoption: February 24, 2025 Effective: April 3, 2025 4838-5794-226587v2 CITY OF LINO LAKES ORDINANCE NO. 01-25 ORDINANCE AMENDING 617 OF THE CITY CODE CONCERNING THE REGULATION OF CANNABIS BUSINESSES The City Council of Lino Lakes ordains: Section 1. Chapter 617 of the Lino Lakes City Code is hereby amended in its entirety to read as follows: CHAPTER 617 CANNABIS BUSINESSES SECTION: 617.01: Findings and Purpose; Authority and Jurisdiction 617.02: Definitions 617.03: State License Required 617.04: Retail Registration 617.05: Performance Standards 617.06: Minimum Buffer Requirement 617.07: Temporary Cannabis Events 617.08: Use in Public Places 617.09: Local Government as a Cannabis Retailer 617.10 Severability 617.01 FINDINGS AND PURPOSE; AUTHORITY AND JURISDICTION (1). Findings and Purpose. The city makes the following legislative findings: (a) The purpose of this chapter is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the city. (b) The city finds that the proposed provisions are appropriate and lawful land use regulations for the city, that the proposed regulations will promote the interests of the community for now and in the future, and that the proposed provisions are in the public interest and for the public good. (2). Authority. The city has the authority to adopt this chapter pursuant to: 2 (a) Minnesota Statutes, section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. (b) Minnesota Statutes, section 342.22, regarding the local registration and enforcement requirements of state licensed cannabis retail businesses and lower potency hemp edible retail businesses. (c) Minnesota Statutes, section 152.0263, Subd. 5, regarding the use of cannabis in public places. 617.02 DEFINITIONS Unless otherwise noted in this chapter, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this chapter: ADULT USE CANNABIS PRODUCT. As defined under Minnesota Statutes, section 342.01, subd. 4. CANNABIS BUSINESS. In accordance with Minnesota Statutes, section 342.01, subdivision 14, “Cannabis Business” means any of the following license types: Cannabis Microbusiness, Cannabis Mezzobusiness, Cannabis Cultivator, Cannabis Manufacturer, Cannabis Retailer, Cannabis Wholesaler, Cannabis Transporter, Cannabis Testing Facility, Cannabis Event Organizer, Cannabis Delivery Service, Medical Cannabis Cultivator, Medical Cannabis Processor, Medical Cannabis Retailer, and Medical Cannabis Combination Business. CANNABIS RETAIL BUSINESS. A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower potency hemp edible retailers. CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. LOWER POTENCY HEMP EDIBLE. As defined under Minnesota Statutes, section 342.01, subd. 50. LOWER POTENCY HEMP EDIBLE RETAILER OR HEMP RETAIL BUSINESS. A hemp business, as defined by Minnesota Statutes, section 342.01, Subd. 34, that holds a valid lower-potency hemp edible retailer license. 3 OFFICE OF CANNABIS MANAGEMENT. State of Minnesota Office of Cannabis Management, as may be referred to as “OCM” in reference to this chapter. PLACE OF PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. PRELIMINARY LICENSE APPROVAL. Office of Cannabis Management pre-approval for a cannabis business license for applicants who qualify under Minnesota Statutes, section 342.17. PUBLIC PLACE. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. RESIDENTIAL TREATMENT FACILITY. As defined under Minnesota Statute, section 245.462, Subd. 23. RETAIL REGISTRATION. An approved registration issued by the city to a cannabis retail business. SCHOOL. A public school as defined under Minnesota Statutes, section 120A.05 or a nonpublic school that complies with the reporting requirements under Minnesota Statute, section 120A.24. STATE LICENSE. An approved license issued by the Office of Cannabis Management to a cannabis retail business. 617.03: STATE LICENSE REQUIRED. Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall require a state license in accordance with Minnesota Statutes, section 342.14. 617.04: RETAIL REGISTRATION: (1) Consent to Registering Cannabis Businesses and Hemp Retail Business (a) No individual or entity may operate a state-licensed cannabis retail business or hemp retail business within Lino Lakes without first registering with the city. (b) Any state-licensed cannabis retail business or hemp retail business that sells to a customer or patient without a valid retail registration shall incur a civil penalty of up to $2,000 per violation. 4 (2) Compliance Checks Prior to Retail Registration (a) Prior to issuance of a cannabis retail business or hemp retail business registration, the city shall conduct a preliminary compliance check to ensure compliance with local ordinances. (b) Pursuant to Minnesota Statutes Chapter 342, within 30 days of receiving a copy of a state license application from OCM, the city shall certify on a form provided by OCM whether a proposed cannabis retail business or hemp retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the city’s zoning ordinance and state fire and building codes. (3) Registrations Limited: (a) The city limits the number of cannabis retail businesses to no more than one registration for every 12,500 residents within city limits. (b) Registrations for cannabis retail businesses shall be issued in order as of the date the city has received a complete application. (4) Registration Fees: (a) Applicants for registration or renewal registrations shall be required to pay the registration and renewal fees as established by the city’s fee schedule depending upon the type of retail business license applied for and in accordance with the following: 1. An initial retail registration fee shall not exceed five hundred dollars ($500) or one-half (1/2) the amount of an initial state license fee established by Minnesota Statutes, section 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. 2. Any renewal retail registration fee imposed by the city shall be charged at the time of the second renewal and each subsequent renewal thereafter. 3. A renewal retail registration fee shall not exceed one thousand dollars ($1,000) or one-half (1/2) the amount of a renewal state license fee established by Minnesota Statutes, section 342.11, whichever is less. 4. A medical combination business operating as an adult-use retail location shall only be charged a single registration fee, not to exceed the lesser of 5 a single retail registration fee, defined by this section, for the adult-use retail business. 5. No registration fee shall be required for location change applications required under Section 617.04 (8) of this chapter. (b) The registration/renewal fee shall be non-refundable once processed in accordance with Section 617.04(6) of this chapter. (5) Application Submittal. (a) The city shall issue a retail registration to a state-licensed cannabis retail business or hemp retail business that adheres to the requirements of Minnesota Statutes, section 342.22 and is in compliance with this chapter. 1. An applicant for either a cannabis or hemp retail registration shall fill out an application form, as provided by the city. The application form shall include, but is not limited to: i. Full name of the property owner and applicant. ii. Address, email address, and telephone number of the applicant. iii. The address and parcel ID for the property which the retail registration is sought. iv. Name of the cannabis retail business or hemp retail business to be registered. v. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. 2. The applicant shall include with the form: i. The registration fee as required in Section 617.04(a) of this chapter. ii. A copy of a valid state license or written notice of OCM license preapproval. iii. A map showing the retail store meets the minimum buffer requirements outlined in Section 617.06 of this section of this chapter. 6 3. Once an application is considered complete, the City Clerk shall inform the applicant as such, process the application fees, and forward the application to the City Administrator or designee for approval or denial. (6) Application Approval. Registration of a cannabis retail business or hemp retail business will be approved by the city and in effect so long as the following requirements are met: (a) A state-licensed cannabis retail business registration will not exceed the maximum number of registered cannabis retail businesses permitted under Section 617.04(3) of this chapter. (b) All applicable registration/renewal fees are paid in full. (c) The applicant holds a valid license or license preapproval issued to the cannabis retail business by OCM for a cannabis retail license or valid lower-potency hemp edible retailer license issued by OCM for a hemp retail license. (d) If applicable, the applicant is current on all property taxes and assessments at the location where the retail establishment is located; and (e) The cannabis retail business or hemp retail business is found to be in compliance with the zoning code (Chapter 1007) and all requirements of Section 6.17.05 and 617.06 (7) Annual Compliance Checks (a) The city shall complete at minimum one unannounced compliance check per calendar year of every registered cannabis retail business and hemp retail business to assess if the business meets age verification requirements, as required under Minnesota Statutes, section 342.22, Subd. 4(b), Minnesota Statutes, section 342.24, and this chapter. (b) Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. (d) Any failures under this section must be reported to the Office of Cannabis Management. 7 (8) Location Change (a) A registered cannabis retail business or hemp retail business shall be required to submit a new application for registration under Section 617.04 of this chapter if it seeks to move to a new location still within the city. (b) A previously registered cannabis retail business or hemp retail business that seeks to change locations within the city shall be subject to all requirements of this chapter, including but not limited to the location requirements established by Chapter 1007 of the city code (zoning ordinance). (9) Registration is nontransferable. Cannabis retail business and hemp retail business registrations issued under this chapter shall not be transferred to a different cannabis retail business or hemp retail business. (10) Renewal of Registration. A registration for a state-licensed cannabis retail business or a hemp retail business shall be renewed at the same time OCM renews the license for that business, provided: (a) The business shall apply to renew registration on a form established by the city. (c) An applicant for a renewal registration shall pay the renewal registration fee required under Section 617.04 (4) of this chapter. (d) The application for renewal of a retail registration shall include but is not limited items required under Section 617.04 (5) of this chapter. (11) Suspension of Registration (a) When Suspension is Warranted. 1. The city may suspend a cannabis or hemp business’s registration if it violates the provisions of this chapter or poses an immediate threat to the health or safety of the public. The city shall immediately notify the business in writing the grounds for the suspension. 2. Notification to OCM. The city shall immediately notify the OCM in writing of the grounds for the suspension. OCM will provide the city and cannabis retail business or hemp retail business a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. 3. Length of Suspension. 8 The suspension of a cannabis retail business or hemp retail business registration may be up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. i. The City Administrator or designee shall determine the appropriate length of suspension. For the first violation, the presumptive suspension shall be seven (7) days. For a second violation found within an eighteen (18) month period, the presumptive suspension shall be fourteen (14) days. For a third and all subsequent violations within an eighteen (18) month period, the presumptive suspension shall be thirty (30) days. Nothing in this section shall prevent the City Administrator or designee from deviating from the presumptive suspension length based on the specific circumstances of a given violation, including but not limited to the severity of the violation, whether the violation was knowing or intentional, and the degree of risk to the public health caused by the violation. ii. The city may reinstate a registration if it determined that the violations have been resolved. iii. The city shall reinstate a registration if OCM orders reinstatement. 4. Civil Penalties. Subject to Minnesota Statutes, section 342.22, Subd. 5(e) the city may impose a civil penalty, as specified in the city’s fee schedule, for registration violations, not to exceed $2,000. 617.05 PERFORMANCE STANDARDS: Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall comply with the provisions of this chapter and the following: (1) Building Code. The cannabis business shall comply with the provisions of 1003, of this code. (2) Zoning Ordinance. The cannabis business shall comply with the provisions of Chapter 1007 of this code. 9 (3) Ventilation: A cannabis business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the cannabis business at the property line. (4) Age Limitations: No cannabis flower, cannabis products, lower-potency hemp edibles, or hemp derived consumer products shall be sold to any person under twenty-one (21) years of age unless the person is enrolled in the registry program and the cannabis business holds a medical cannabis retail endorsement. (5) Hours of Operation. Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 am and 9:00 pm, Sunday through Saturday. (6) Prohibited Activities: (a) Consumption or use of edible cannabis products onsite of a cannabis retail business is prohibited except for licensed microbusinesses that have an on-site consumption endorsement and meets all requirements of Minnesota Statutes, section 342.28, Subd. 10. (b) There shall be no outdoor events or sales associated with a cannabis business; all such activities shall occur within a principal or accessory building, including temporary structures, as allowed in compliance with Chapter 1007 of this code. (c) No cannabis business shall occupy a residential dwelling unit. 617.06 MINIMUM BUFFER REQUIREMENT. Except as provided for in subpart 2 of this subdivision, setbacks shall be measured from the closest point of the property line upon which the cannabis business is located, to the property line of the following uses: (1) A cannabis retail business shall not operate within 1000 feet of a school, and 500 feet of a residential treatment facility. (2) A cannabis retail business shall not operate within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. For purposes of this subpart, the distance measured shall be between the closest point of the property line upon which the cannabis business is located and the attraction that is regularly used by minors. (3) Nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, residential treatment facility, or a park attraction regularly used by minors, is installed or moves within the minimum buffer zone. 10 617.07 TEMPORARY CANNIBIS EVENTS: (1) Temporary Cannabis Event Permit Required: A temporary cannabis event permit is required to be issued and approved by the city prior to holding a Temporary Cannabis Event. (2) Fee: A registration fee, as established in city’s fee schedule, shall be charged to applicants for a temporary cannabis event permit. The application fee shall be non-refundable. (3) Application Submittal and Review: (a) An applicant for a temporary cannabis event permit shall fill out an application form, as provided by the city. The application shall include, but is not limited to: 1. Full name of the property owner and applicant. 2. Address, email address, and telephone number of the applicant. 3. Site plan of event space, including location and number of access points. 4. Proposed capacity of event space. 5. Plans for security to general public safety, security for cannabis workers, security of intoxicating cannabinoid product displays, and storage security of intoxicating cannabinoid products. 6. Plans on how to restrict access of intoxicating products to minors and verify age at the time of sale. 7. Plans on how waste will be disposed properly. 8. Details on how sales take place in an established retail space and how sales are recorded for tax collection. 9. Full list of all vendors with a brief explanation of what they are providing/selling and their license number/information. 10. Other information as required by the city based on the type or size of the event. (b) The applicant shall include with the application form: 1. The application fee as required in Section 617.07 (2) of this chapter. 11 2. A copy of the OCM cannabis event license application, submitted pursuant to Minn. Stat. 342.39 subd. 2. 3. The application shall be submitted to the City Clerk or designee for review, no less than 45 days prior to the event. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. (c) Once an application is considered complete, the City Clerk shall inform the applicant that the application is complete, process the application fees, and forward the application to the City Council for approval or denial at a regularly scheduled City Council meeting. 1. The application for a temporary cannabis event permit shall meet the following standards: a. Minimum Buffer Zone Required: A temporary cannabis event shall provide the minimum buffer zones required under section 617.06 of this chapter. b. Temporary cannabis events shall only occur between the hours of ten o’clock (10:00) A.M. and ten o’clock (9:00) P.M, unless extended by the city council with approval of a special event permit. c. Adequate security for the event is in place to ensure compliance with the requirements of state law and city code. (d) An application for a temporary cannabis event permit that meets the requirements of this section shall be approved. (e) A request for a temporary cannabis event permit that does not meet the requirements of this section shall be denied. The city shall notify the applicant of the standards not met and basis for denial. 617.08 USE IN PUBLIC PLACES: No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment, or an event licensed to permit on-site consumption of cannabis products. 617.09 LOCAL GOVERNMENT AS A CANNABIS RETAILER. Any municipal cannabis retail store shall not be included in any limitation on the number of registered cannabis retail businesses established in this ordinance. 12 (1) Notwithstanding anything within this Chapter to the contrary, the city may establish, own and operate one municipal cannabis retail business. (2) The city shall be subject to all the same retail license requirements and procedures applicable to all other applicants. 617.10 SEVERABILITY: If any provision of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 2. This Ordinance shall be in force and effect from and after upon its passage and publication according to the Lino Lakes City Charter. ADOPTED by the Lino Lakes City Council this 24th day of February, 2025. CITY OF LINO LAKES BY: ________________________ Rob Rafferty, Mayor ATTEST __________________________ Roberta Colotti, CMC, City Clerk CITY OF LINO LAKES RESOLUTION NO. 25-23 RESOLUTION APPROVING SUMMARY OF ORDINANCE NO. 01-25 FOR PUBLICATION WHEREAS, the City Council has approved the first and second readings of Ordinance No. 01-25 amending City Code Chapter 617; and WHEREAS, Ordinance No. 01-25 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. 01-25, 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 24th day of February, 2025. ___________________________ Rob Rafferty, Mayor ATTEST: ___________________________ Roberta Colotti, CMC, City Clerk EXHIBIT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 01-25 AMENDING CHAPTER 617 OF THE CITY CODE CONCERNING THE REGULATION OF CANNABIS BUSINESSES The City Council of Lino Lakes ordains: Section 1. Chapter 617 of the Lino Lakes City Code is hereby amended in its entirety by establishing cannabis and hemp business regulations. The ordinance includes the following sections: CHAPTER 617 CANNABIS BUSINESSES SECTION: 617.01: Findings and Purpose; Authority and Jurisdiction 617.02: Definitions 617.03: State License Required 617.04: Retail Registration 617.05: Performance Standards 617.06: Minimum Buffer Requirement 617.07: Temporary Cannabis Events 617.08: Use in Public Places 617.09: Local Government as a Cannabis Retailer 617.10 Severability Section 2. This Ordinance shall be in force and effect from and after upon its passage and publication according to the Lino Lakes City Charter. ADOPTED by the Lino Lakes City Council this 24th day of February, 2025. 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 www.linolakes.us 1st Reading: Website Notice: 2nd Reading: Publication: Adoption: Effective: CITY OF LINO LAKES ORDINANCE NO. 03-25 AN ORDINANCE AMENDING CHAPTER 218 OF CITY CODE RELATING TO CANNABIS BUSINESS REGISTRATION FEES The City Council of Lino Lakes ordains: Section 1. Chapter 218.01 (3) Business and miscellaneous is hereby amended to add the following fees: Cannabis Retail Registration Fee (Initial Application) $ 500.00 Cannabis Retail Registration Fee (Renewal) $1,000.00 Lower Potency Hemp Retailer (Initial Application) $ 250.00 Lower Potency Hemp Retailer (Renewal) $ 250.00 Adopted by the Lino Lakes City Council this ____ day of ________________, 2024. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, CMC City Clerk 1 CITY COUNCIL REGULAR MEETING STAFF REPORT AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: February 24, 2025 TOPIC: Consider First Reading of Ordinance No. 02-25, Amending Chapter 1007 of the City Code Relating to Cannabis Businesses VOTE REQUIRED: Simple Majority ______________________________________________________________________________ INTRODUCTION Staff is requesting City Council consideration to adopt amendment to the Zoning Ordinance (Chapter 1007 of City Code) relating to cannabis businesses. BACKGROUND As discussed at the December 2, 2024 and January 6, 2025, work sessions, Minnesota Statutes, Chapter 342, adopted in 2023 and amended in 2024 authorizes the cultivation, manufacturing and sale of cannabis products. Minnesota’s new Office of Cannabis Management (OCM) will be responsible for the licensing of cannabis businesses. The State is currently completing the rulemaking process which will likely be completed after the first of the year (2025). There are 13 different types of business licenses. These include: Microbusiness Mezzobusiness Cultivator Manufacturer Retailer Wholesaler Transporter Testing Facility Event Organizer Delivery Service Medical Cannabis Combo Bus. Lower-Potency Hemp Manuf. Lower-Potency Hemp Retailer Definitions for each business type are included in the attachments. 2 The amendment to Chapter 617, previously considered by the City Council, provides for registration requirements for Cannabis Business including, number of retail licenses allowed, buffer requirements from certain uses, and performance standards. The amendment to Chapter 1007 relates to the City’s role as the zoning authority. Cannabis businesses are viewed as any other type of legal business, subject to the City’s general zoning regulations. A zoning ordinance text amendment has been drafted to include the various license types into appropriate zoning districts. ANALYSIS For purposes of the Zoning requirements the primary focus will be on the appropriate districts for each use. It is also necessary to determine whether the use is a permitted or conditional use based on similar uses already established in the districts. The licensed uses fall within the following categories: Cultivation. Cannabis business licensed or endorsed for cultivation would be permitted as an agricultural use and would be permitted indoor and outdoor in the R – Rural district. Indoor cultivation would also be considered in Industrial districts. Cannabis Manufacturer. Cannabis business licensed or endorsed for cannabis manufacturer would be a permitted manufacturing use in the Light Industrial and General Industrial districts. Consideration should be given to whether this would be a permitted or conditional use in the Business Campus district. Hemp Manufacturer. Cannabis business licensed or endorsed for low-potency hemp edible manufacturers permitted as a manufacturing use in the industrial districts. Wholesale. Cannabis business licensed or endorsed for wholesale would be permitted as a wholesale sales use in the Light and General Industrial Districts and the Business Campus districts. Cannabis Retail. Cannabis business licensed or endorsed for cannabis retail are permitted as retail sales in the Neighborhood Business, Limited Business, and General Business, Light Industrial, General Industrial and Business Campus districts. Cannabis Transportation and Cannabis Delivery. Cannabis business licensed or endorsed for Transportation and Deliver would be permitted as warehousing uses in the Light and General Industrial Districts and the Business Campus District. The draft ordinance proposes the inclusion of cannabis uses as permitted where similar activities are currently allowed. No conditional uses are proposed. Except for microbusinesses, uses that included cultivation or retail sales were not allowed in the BC, Business Campus district. 3 Planning & Zoning Board The Planning and Zoning Board held a public hearing on January 8, 2025 and February 12, 2025. No public comment was received. The board unanimously recommended approval of Ordinance No. 02-25. RECOMMENDATION Staff is recommending approval of the First Reading of Ordinance No. 02-25. ATTACHMENTS 1. Ordinance No. 02-25 Rural Commercial District Industrial Districts Notes Cannabis License Type R, Rural NB, Neighborhood Business LB, Limited Business GB, General Business LI, Light Industrial GI, Gen Industrial BC, Business Campus Cannabis Microbusiness P P P indoor cultivation of plants up to 5,000 sq ft or ½ acre outdoors + 1 retail license (same site). Staff proposing (indoor only) Cannabis Mezzobusiness P P Indoor cultivation of plants up to 15,000 sq ft or up to 1 acre outdoors + 3 retail license (retail use is not on same site) (staff indoor only) Cannabis Cultivator (indoor) P P P Indoor cultivation of up to 30,000 sq ft plant canopy Cannabis Cultivator (outdoor) P Outdoor cultivation limited to 2 acres Cannabis Manufacturer P P P Manufacture cannabis and hemp products Cannabis Retailer P P P Cannabis retailer (342.27 stipulates display, storage, hrs operation; security) Cannabis Wholesaler P P P BUY and sell immature plants Cannabis Transporter P P P Transport cannabis and hemp products between Cannabis Testing Facility P P P Third-party testing any products grown or manufactured Cannabis Delivery Service P P P Delivery with on-site vehicles Medical Cannabis Cultivator P P P 60,000 sq ft of plant canopy Medical Cannabis Retailer P P P Purchase medical cannabis flower and products and sell or distribute Medical Cannabis Combo Business P P Cultivator, processor, and retailer Lower-potency Hemp Edible Manufacturer P P P Lower-potency Hemp Edible Retail P P P 1st Reading: Website Notice: 2nd Reading: Publication: Adoption: Effective: CITY OF LINO LAKES ORDINANCE NO. 02-25 ORDINANCE AMENDING CHAPTER 1007 (ZONING ORDINANCE) OF THE CITY CODE CONCERNING THE REGULATION AND ZONING OF CANNABIS BUSINESSES The City Council of Lino Lakes ordains: Section 1. Section 1007.001 of City Code (Rules and Definitions) is hereby amended to include the following definitions: CANNABIS BUSINESSES RELATED: Unless otherwise noted in this section or chapter 24 of this title, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, as amended, shall have the same meanings in this title. A. Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd. 4. B. Cannabis business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342. C Cannabis cultivation: A cannabis business licensed for planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to Minnesota Statutes, Chapter 342. D. Cannabis delivery service. A person or entity licensed or otherwise authorized to purchase cannabis flower, cannabis products, lower-potency hemp edibles, and hemp- derived consumer products from licensed cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and medical cannabis combination businesses; transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter 342. E. Cannabis or lower-potency hemp edible manufacturing. An entity licensed or otherwise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and hemp edibles for public consumption; package and label lower-potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an entity in possession of a medical cannabis processor license pursuant to Minnesota Statutes, Chapter 342. F. Cannabis mezzobusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342. G. Cannabis microbusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342. H. Cannabis retail business: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342. I. Cannabis retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. J. Cannabis testing facility. A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342. K. Cannabis transporter. An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business pursuant to Minnesota Statutes, Chapter 342. L. Cannabis wholesaler. An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342. M. Dispensary. An entity in possession of a cannabis retailer license or otherwise authorized to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related supplies and products pursuant to Minnesota Statutes, Chapter 342. N. Lower-potency hemp edible: As defined under Minnesota Statutes, section 342.01, subd. 50. O. Lower-potency hemp edible retailer. A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to Minnesota Statutes, Chapter 342. P. Medical cannabis combination business. An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to Minnesota Statutes, Chapter 342. Section 2. Section 1007.100(5) of the Zoning Ordinance (R, Rural District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (m) Cannabis cultivator, indoor, limited to 30,000 square feet of plant canopy in compliance with City Code Chapter 617. (n) Cannabis cultivator, outdoor, limited to 2 acres in compliance with City Code Chapter 617. (p) Medical cultivator, outdoor, limited to 2 acres in compliance with City Code Chapter 617. Section 3. Section 1007.130(6) of the Zoning Ordinance (NB, Neighborhood Business District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (j) Cannabis retailer in compliance with City Code Chapter 617. (k) Cannabis medical retailer in compliance with City Code Chapter 617. (l) Lower-potency hemp edible retailer in compliance with City Code Chapter 617. Section 4. Section 1007.131 (6) of the Zoning Ordinance (LB, Limited Business District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (m) Cannabis retailer in compliance with City Code Chapter 617. (n) Cannabis medical retailer in compliance with City Code Chapter 617. (o) Lower-potency hemp edible retailer in compliance with City Code Chapter 617. Section 5. Section 1007.132(6) of the Zoning Ordinance (GB, General Business District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (s) Cannabis retailer, in compliance with City Code Chapter 617. (t) Cannabis medical retailer in compliance with City Code Chapter 617. (u) Lower-potency hemp edible retailer in compliance with City Code Chapter 617. Section 6. Section 1007.140(7) of the Zoning Ordinance (LI, Light Industrial District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: (t) Cannabis businesses, conducted entirely within a principal structure: cultivator (including medical), delivery service, manufacturer (including medical and lower-potency hemp edible), medical combo, microbusiness, mezzobusiness, testing facility, transporter and wholesaler in compliance with City Code Chapter 617. Section 7. Section 1007.141(7) of the Zoning Ordinance (GI, General Industrial District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: (r) Cannabis businesses, conducted entirely within a principal structure: cultivator (including medical), delivery service, manufacturer (including medical and lower-potency hemp edible), medical combo, microbusiness, mezzobusiness, testing facility, transporter and wholesaler in compliance with City Code Chapter 617. Section 8. Section 1007.142(7) of the Zoning Ordinance (BC, Business Campus, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: (o) Cannabis Businesses, conducted entirely within a principal structure: delivery service, manufacturer (including medical and lower-potency hemp edible), microbusiness, testing facility, transporter and wholesaler in compliance with City Code Chapter 617. Section 9. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of ________________, 2025. ____________________________ Rob Rafferty, Mayor ATTEST: __________________________ Roberta Colotti, CMC, City Clerk