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Home My WebLink About07/23/2012 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, July 23, 2012 0 F ** * * * ** * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Charter Exempt Zones Staff will prepare a response for the Charter Commission 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order — 6:30 p.m. ➢ Roll Call - Council Members Stoesz, O'Donnell, Roeser & Rafferty, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment None ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented SPECIAL PRESENTATION 2011 -12 Lino Lakes Ambassadors and Ambassador Candidates 1. CONSENT AGENDA A) Consideration of Expenditures: i) July 23, 2012 (Check No. 93747 through 93825) in the amount of $195,927.15; ii) Centennial Fire District (Check No. 5415 through 5426) in the amount of $3,786.19 B) Consider approval of July 2, 2012 Work Session Minutes Pg lla Council Member O'Donnell absent C) Consider approval of July 9, 2012 Council Meeting Minutes Pg llb D) Consider approval of July 2, 2012 Closed Session Minutes Pg 12 Council Member O'Donnell absent Action Taken: Motion by O'Donnell, seconded by Stoesz, to approve Consent Agenda, Items 1A & 1C, as presented, was adopted Pg 1 -11 Council Agenda -2- July 23, 2012 EXPANDED AGENDA Action Taken: Motion by Roeser, seconded by Stoesz, to approve Consent Agenda, Items 1B & 1D, as presented, was adopted; Council Member O'Donnell abstained 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution No. 12 -64, approving a special event, Pg 13 -15 parade /run permits and temporary exempt gambling permit for the 2012 Blue Heron Days festival, Julie Bartell Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -64 as presented, was adopted B) Consider Resolution No. 12 -65, Approving a special event Pg 16 -19 permit for Miller's on Main annual music /tent event, to be held on August 17 & 18, Julie Bartell Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 12 -65 as presented, was adopted C) Consider Resolution No. 12 -75, approving amendment to Joint Pg 19a Cooperative Agreement and approving issuance by the North Metro Telecommunications System of certain refunding bonds, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 12 -75 as presented, was adopted D) Appointment of Alternate Director to North Metro Telecommunications Commission, Jeff Karlson Action Taken: Motion by Reinert, seconded by O'Donnell, to approve the appointment of Council Member Rafferty, was adopted Pg 19b 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consideration of Resolution No 12 -62 Approving Use of Pg 20 -21 City Property for Blue Heron Days Events, Mary Alice Divine Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -62 as presented, was adopted Council Agenda -3- July 23, 2012 EXPANDED AGENDA Consideration of Resolution No. 12 -63 Providing Liability Pg 22 -24 Insurance for Certain Blue Heron Days Events, Mary Alice Divine Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 12 -63 as presented, was adopted C) Encompass Satellite Farm Grading Only, 6221 Holly Drive, Pg 25 -35 Paul Bengtson i. Public Hearing: Consider Resolution No. 12 -68, Approving Conditional Use Permit to Allow Grading and Earth Removal Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 12 -68 with an additional condition, was adopted ii. Consider Resolution No. 12 -69, Authorizing execution of a site performance agreement with Encompass Digital Media Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -69 as presented, was adopted D) Industrial Zoning District Text Amendment, Paul Bengtson Pg 36 -82 i. Consider 2 "d Reading of Ordinance No. 07 -12, Amending Section 8, Industrial Districts of the Zoning Ordinance Action Taken: Motion by Roeser, seconded by O'Donnell, to approve the 2 "d Reading of Ordinance No. 07 -12 as presented, was adopted: Yeas; 5; Nays none. ii. Consider Resolution No. 12 -66, Summarizing Ordinance No. 07 -12 for publication purposes Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -66 as presented, was adopted E) Landscaping Standards Text Amendment, Paul Bengtson Pg 83 -100 i. Consider 2nd Reading of Ordinance No. 08 -12, Amending Section 3, Landscaping Requirements of the Zoning Ordinance Action Taken: Motion by O'Donnell, seconded by Roeser, to approve the 2nd Reading of Ordinance No. 08 -12 as presented, was adopted: Yeas; 5; Nays none ii. Consider Resolution No. 12 -67, Summarizing Ordinance No. 07 -12 for publication purposes Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 12 -67 as presented, was adopted Council Agenda -4- EXPANDED AGENDA July 23, 2012 F) Intersection Signal Improvements, Michael Grochala Pg 101 -107 i. Consider Resolution No. 12 -70, Approving Plans & Specifications and Authorizing Advertisement for Bids, Lake /Main & Birch/Ware Intersection Improvements, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -70 as presented, was adopted ii. Consider Resolution No. 12 -71, Establishing No Parking Restriction, Main Street (CSAH 14) iii. Consider Resolution No. 12 -72, Establishing No Parking Restriction, Lake Drive (CSAH 23) iv Consider Resolution No. 12 -73, Establishing No Parking Restriction, Birch Street (CSAH 10) Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolutions No. 12 -77, 12 -72 & 12 -73 as presented, was adopted v. Consider Resolution No. 12 -74, Approving Supplemental Authorization for Engineering Services Action Taken: Motion by Reinert, seconded by Rafferty, to table Resolution No. 1274, was adopted (to be discussed at Aug 6 Work Session) 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the council will reconvene to a special work session to discuss economic development Wednesday, July 25 Monday, August 6 Monday, August 6 Monday, August 6 Wednesday, August 8 Monday, August 13 Community Calendar July 23, 2012 through August 13, 2012 6:30 pm, Council Chambers 8:00 am, Community Room 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board EDAC Park Board Council Work Session Planning & Zoning City Council Meeting • REVISED CITY COIJNCIL AGENDA Monday, July 23, 2012 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson OUNCIL' ►RK,SESSION, 5.30 P.M. Community Room (not televised) 1. Charter Exempt Zones 2. Review Regular Agenda CTPi'`I�0 CI L MEETING, 6 :30 P.M. • Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items CIAL P.RLSEI�I 2011 -12 Lino Lakes Ambassadors and Ambassador Candidates Sg A) Consideration of Expenditures: i) July 23, 2012 (Check No. 93747 through 93825) in the amount of $195,927.15; ii) Centennial Fire District (Check No. 5415 through 5426) in the amount of $3,786.19 Pg 1 -11 B) Consider approval of July 2, 2012 Work Session Minutes Pg lla Council Member O'Donnell absent C) Consider approval of July 9, 2012 Council Meeting Minutes Pg llb D) Consider approval of July 2, 2012 Closed Session Minutes Pg 12 Council Member O'Donnell absent Council Agenda D No report -2- REVISED NT REPORT July 23, 2012 AD TION DEP. A) Consider Resolution No. 12 -64, approving a special event, parade /run permits and temporary exempt gambling permit for the 2012 Blue Heron Days festival, Julie Bartell B) Consider Resolution No. 12 -65, Approving a special event permit for Miller's on Main annual music /tent event, to be held on August 17 & 18, Julie Bartell Pg 13 -15 Pg 16 -19 C) Consider Resolution No. 12 -75, approving amendment to Joint Pg 19a Cooperative Agreement and approving issuance by the North Metro Telecommunications Svstem of certain refunding bonds, Jeff Karlson D) Appointment of Alternate Director to North Metro Pg 19b Telecommunications Commission. Jeff Karlson tIC SAFETY DEPARTI No report ICES "DE 'TME111T REP No report A) Consideration of Resolution No 12 -62 Approving Use of City Property for Blue Heron Days Events, Mary Alice Divine B) Consideration of Resolution No. 12 -63 Providing Liability Insurance for Certain Blue Heron Days Events, Mary Alice Divine C) Encompass Satellite Farm Grading Only, 6221 Holly Drive, Paul Bengtson i. Public Hearing: Consider Resolution No. 12 -68, Approving Conditional Use Permit to Allow Grading and Earth Removal ii. Consider Resolution No. 12 -69, Authorizing execution of a site performance agreement with Encompass Digital Media (Site Performance Agreement to Follow) Pg 20 -21 Pg 22 -24 Pg 25 -35 • Council Agenda -3- REVISED July 23, 2012 D) Industrial Zoning District Text Amendment, Paul Bengtson Pg 36 -82 i. Consider 2nd Reading of Ordinance No. 07 -12, Amending Section 8, Industrial Districts of the Zoning Ordinance *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 12 -66, Summarizing Ordinance No. 07 -12 for publication purposes E) Landscaping Standards Text Amendment, Paul Bengtson Pg 83 -100 Consider 2nd Reading of Ordinance No. 08 -12, Amending Section 3, Landscaping Requirements of the Zoning Ordinance *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 12 -67, Summarizing Ordinance No. 07 -12 for publication purposes F) Intersection Signal Improvements, Michael Grochala Pg 101 -107 i. Consider Resolution No. 12 -70, Approving Plans & Specifications and Authorizing Advertisement for Bids, Lake /Main & Birch /Ware Intersection Improvements, Michael Grochala ii. Consider Resolution No. 12 -71, Establishing No Parking Restriction, Main Street (CSAH 14) iii. Consider Resolution No. 12 -72, Establishing No Parking Restriction, Lake Drive (CSAH 23) iv. Consider Resolution No. 12 -73, Establishing No Parking Restriction, Birch Street (CSAH 10) v. Consider Resolution No. 12 -74, Approving Supplemental Pg 107a Authorization for Engineering Services INiSH:D BUSINESS None B7SI+TESS None noun Following adjournment of the regular meeting, the council will reconvene to a special work session to discuss economic development Council Agenda -4- REVISED July 23, 2012 Wednesday, July 25 Monday, August 2 Monday, August 6 Monday, August 6 Wednesday, August 8 Monday, August 13 Community Calendar July 23, 2012 through August 13, 2012 6:30 pm, Council Chambers 8:00 am, Community Room 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board EDAC Park Board Council Work Session Planning & Zoning City Council Meeting • • • • • CITY COUNCIL AGENDA Monday, July 23, 2012 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Charter Exempt Zones 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION 2011 -12 Lino Lakes Ambassadors and Ambassador Candidates 1. CONSENT AGENDA A) Consideration of Expenditures: i) July 23, 2012 (Check No. 93747 through 93825) in the amount of $195,927.15; ii) Centennial Fire District (Check No. 5415 through 5426) in the amount of $3,786.19 Pg 1 -11 B) Consider approval of July 2, 2012 Work Session Minutes to follow Council Member O'Donnell absent C) Consider approval of July 9, 2012 Council Meeting Minutes to follow D) Consider approval of July 2, 2012 Closed Session Minutes Pg 12 Council Member O'Donnell absent 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- July 23, 2012 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution No. 12 -64, approving a special event, Pg 13 -15 parade /run permits and temporary exempt gambling permit for the 2012 Blue Heron Days festival, Julie Bartell Consider Resolution No. 12 -65, Approving a special event permit for Miller's on Main annual music /tent event, to be held on August 17 & 18, Julie Bartell 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. CO1VIMUNITY DEVELOPMENT REPORT Pg 16 -19 A) Consideration of Resolution No 12 -62 Approving Use of Pg 20 -21 City Property for Blue Heron Days Events, Mary Alice Divine B) Consideration of Resolution No. 12 -63 Providing Liability Pg 22 -24 Insurance for Certain Blue Heron Days Events, Mary Alice Divine C) Encompass Satellite Farm Grading Only, 6221 Holly Drive, Pg 25 -35 Paul Bengtson i. Public Hearing: Consider Resolution No. 12 -68, Approving Conditional Use Permit to Allow Grading and Earth Removal ii. Consider Resolution No. 12 -69, Authorizing execution of a site performance agreement with Encompass Digital Media (Site Performance Agreement to Follow) D) Industrial Zoning District Text Amendment, Paul Bengtson Pg 36 -82 i. Consider 2nd Reading of Ordinance No. 07 -12, Amending Section 8, Industrial Districts of the Zoning Ordinance *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 12 -66, Summarizing Ordinance No. 07 -12 for publication purposes • • • • • Council Agenda E) F) -3- July 23, 2012 Landscaping Standards Text Amendment, Paul Bengtson Pg 83 -100 Consider 2nd Reading of Ordinance No. 08 -12, Amending Section 3, Landscaping Requirements of the Zoning Ordinance *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 12 -67, Summarizing Ordinance No. 07 -12 for publication purposes Intersection Signal Improvements, Michael Grochala Pg 101 -107 Consider Resolution No. 12 -70, Approving Plans & Specifications and Authorizing Advertisement for Bids, Lake /Main & Birch/Ware Intersection Improvements, Michael Grochala ii. Consider Resolution No. 12 -71, Establishing No Parking Restriction, Main Street (CSAH 14) iii. Consider Resolution No. 12 -72, Establishing No Parking Restriction, Lake Drive (CSAH 23) iv. Consider Resolution No. 12 -73, Establishing No Parking Restriction, Birch Street (CSAH 10) v. Consider Resolution No. 12 -74, Approving Supplemental to follow Authorization for Engineering Services 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the council will reconvene to a special work session to discuss economic development Wednesday, July 25 Monday, August 2 ,I► Monday, August 6 :,- Monday, August 6 46- Wednesday, August 8 Monday, August 13 Community Calendar July 23, 2012 through August 13, 2012 6:30 pm, Council Chambers 8:00 am, Community Room 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board EDAC Park Board Council Work Session Planning & Zoning City Council Meeting • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: July 23, 2012 To: City Council From: Michael Grochala Re: Charter Exempt Zones Background The City Charter Commission has requested a formal response from the City Council providing the Council's rationale for including exempt zones as part of the proposed Council Charter amendment rather than having it changed by ordinance. This request appears to originate from the Charter Commission's response to the Council amendment submitted to the commission in 2008. In 1993 the City Charter was amended, by ordinance, to establish three areas within the City that would be exempt from the public improvement provisions of Chapter 8 of the Charter. Instead those areas would be governed by the public improvement provisions of Minnesota Statutes, Chapter 429. These areas which surrounded the 35W interchange, 35E interchange and the Lake Drive/Hodgson Road intersection were identified as the city's primary economic development locations. Under the provisions of Chapter 429 the city can specially assess the cost of public improvement to benefitting properties. However the improvement process is not subject to the neighborhood petition process or referendum requirements of the charter. As proposed in the 2008 amendment and included in the 2012 City Council amendment the charter exempt zones are eliminated as part of a comprehensive rewrite of the Charter's Chapter 8. The overriding premise discussed in 2008 was that if the neighborhood petition process was refined and the election requirement eliminated than there was less importance placed on the exempt zones. In 2008 the Charter Commission was agreeable to amending the charter, by ordinance, to eliminate the exempt zones, but not the other amendment provisions. This appears to be the same case today. Staff and attorney Steve Bubul were present at the May 31, 2012 meeting and addressed this issue. As noted at the meeting the city submitted a comprehensive rewrite of the chapter and is not agreeable to a piecemeal amendment process. Removal of the exempt zones, absent other proposed changes, would result in the entire city being governed by the existing charter provisions. Given the repeated discussions to change the existing charter language it does not appear this would be in the best interests of the city. Council Direction None required. The council may wish to formalize a response to the commission regarding this request. • • • EXPENDITURES JULY 23, 2012 • CHECK NO. 93747 -93825 $195,927.15 • P1 2e: 07/13/2012 Time: 14:57:06 Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 10352 - 10358 Trans #: (A) Line 8: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Name City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 1 Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N • Discount # of items Net Gross Discount Lost 000093 ACE SOLID WASTE, INC. 000408 AFSCME COUNCIL #5 000210 AMERICAN FASTENER & SUPPLY, INC. 000162 BARNA, GUZY & STEFFEN, LTD. 000610 BAUER BUILT, INC. 000861 BEE LINE ALIGNMENT SERVICE 008293 BIFF'S INC. 008604 BLUE HERON DAYS 000724 BLUE TOW SERVICE, INC. 000833 BROCK WHITE COMPANY, LLC 008516 BUREAU OF CRIM. APPREHENSION D01110 CENTENNIAL UTILITIES 002700 CENTERPOINT /MINNEGASCO, INC. 008049 COLUMBUS AUTO TRUCK & TRAILER 004670 COMCAST 001187 CONNEXUS ENERGY 008393 EMMONS & OLIVIER RESOURCES, INC. 007449 FRONTIER PRECISION, INC. 008557 GECK, DUEA & OLSON, PLLC 008609 GETHSEMANE GARDENS 001610 GILLUND ENTERPRISES, INC. 008240 GOPHER STATE ONE -CALL 1 1 1 1 1 1 1 1 1 1 1 1 1 3 2 2 1 1 1 1 1 1 608.43 608.43 .00 .00 684.25 684.25 .00 .00 44.14 44.14 .00 .00 229.50 229.50 .00 .00 166.96 166.96 .00 .00 75.00 75.00 .D0 .00 847.88 847.88 .00 .00 6,552.00 6,552.00 .00 .00 178.91 178.91 .00 .00 6,089.00 6,089.00 .0D .00 390.00 390.00 .00 .00 576.91 576.91 .00 Ilk 235.78 235.78 .0D .00 1,603.07 1,603.07 .00 .00 84.90 84.90 .00 .00 4,142.91 4,142.91 .00 .00 813.30 813.30 .00 .00 20.00 20.00 .00 .00 8,000.00 8,000.00 .00 .00 450.00 450.00 .00 .00 189.47 189.47 .00 .00 442.25 442.25 .00 .00 Date: 07/13/2012 Time: 14:57:06 City of Lino Lakes Operator: pms PageP 3 2 FM Entry - Invoice Journal Discount or # Name # of items Net Gross Discount Lost 007527 GOVERNMENT FINANCE OFFICERS ASSOC 1 190.00 190.00 .00 .00 001480 HAWKINS, INC. 2 10,911.99 10,911.99 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 1 790.63 790.63 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 16.06 16.06 .00 .00 007224 HUGO EQUIPMENT COMPANY 1 5.32 5.32 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 00E394 JANI -KING OF MINNESOTA, INC. 2 3,624.13 3,624.13 .00 .00 007927 ZACHARY JOHNSON 1 42.83 42.83 .00 .00 007851 JRK SEED AND TURF SUPPLY 1 54.51 54.51 .00 .00 008221 JEFFREY KARLSON 1 122.25 122.25 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 1,035.00 1,035.00 .00 .00 008636 LESCH, KERRI 1 95.00 95.00 .00 .00 008286 LIL MANDILE TOURS 1 2,100.00 2,100.00 .00 .00 008123 LUBRICATION TECHNOLOGIES, INC. 1 3,051.61 3,051.61 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 162.02 162.02 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 9,365.40 9,365.40 .00 .00 •94 METROPOLITAN COUNCIL 1 57,077.74 57,077.74 .00 .00 002350 MIDWAY INDUSTRIAL SUPPLY CO., INC. 1 59.69 59.69 .00 .00 007383 MINNESOTA UI 1 6,570.26 6,570.26 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 3 1,029.66 1,029.66 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 243.59 243.59 .00 .00 000056 NMTV (NORTH METRO TELEVISION) 1 369.07 369.07 .00 .00 003300 NORTHWAY IRRIGATION /LANDSCAPING 1 2,828.00 2,828.00 .00 .00 000983 OPTUMHEALTH FINANCIAL SERVICES 2 74.80 74.B0 .00 .00 008637 OSMEK, JANICE 1 55.00 55.00 .00 .00 003524 PITNEY BOWES, INC. 2 822.00 822.00 .00 .00 000057 PREMIUM WATERS, INC. 1 47.54 47.54 .00 .00 • Ia 4k: 07/13/2012 Time 14:57:06 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 3 Discount Vendor # Name # of items Net Gross Discount 1110! 003600 PRESS PUBLICATIONS, INC. 5 602.22 602.22 .00 .00 000221 RAFFERTY, ROBIN G. 1 159.21 159.21 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 3,126.25 3,126.25 .00 .00 002640 RDO EQUIPMENT COMPANY, INC. 1 378.75 378.75 .00 .00 008638 REHBEIN, DEANNA 1 95.00 95.00 .00 .00 003753 REINERT, JEFF 1 324.05 324.05 .00 .00 008535 ROOF SPEC INC. 1 250.00 250.00 .00 .00 900491 CITY OF ROSEVILLE 2 7,095.46 7,095.46 .00 .00 003910 SAM'S CLUB, INC. 1 1.25 1_25 .00 .00 000065 SCHARBER & SONS, INC. 1 142.80 142.B0 .00 .00 003467 SHARPER HOMES, INC. 1 4,950.00 4,950.00 .00 .00 003990 SHOREVIEW, CITY OF 1 3,415.80 3,415.80 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 1 2,275.00 2,275.00 .00 .00 008002 SL -serco 1 1,315.00 1,315.00 .00 .00 004150 STAR TRIBUNE 1 72.80 72.80 .00 .00 004180 STATE OF MINNESOTA 1 6,885.00 6,885.00 .00 .00 008141 TASC - CLIENT INVOICES 1 84.15 84.15 .000 000489 TDS METROCOM MN 1 993.01 993.01 .00 .00 008639 THAEMLITZ, KATHY 1 95.00 95.00 .00 .00 008635 TRACIE DEWBERRY 1 30.00 30.00 .00 .00 003193 TRAPPER'S BAR AND GRILL 1 50.00 50.00 .00 .00 004560 U S BANK VISA 1 2,895.38 2,895.38 .00 .00 008640 U. S. BANK 1 2,409.28 2,409.28 .00 .00 004606 U S BANK 1 425.00 425.00 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 4,164.92 4,164.92 .00 .00 008395 WSB & ASSOCIATES, INC. 8 13,974.31 13,974.31 .00 .00 003250 XCEL ENERGY 1 6,406.25 6,406.25 .00 .00 • Date: 07/13/2012 Time 14:57:07 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page P 5 4 Discount lillior # Name # of items Net Gross Discount Lost Grand Totals: 98 195,927.15 195,927.15 .00 .09* • • DALE: 07/13/2012 Time 14:59:21 Operator: pms Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 10353 - 10376 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CABLE FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING AFSCME COUNCIL #5 JULY 2012 UNION DUES LAW ENFORCEMENT LABO JULY 2012 UNION DUES METRO COUNCIL ENVIRO SAC JUNE 2012 MN CHILD SUPPORT PAY CHILD SUPPORT TRAPPER'S BAR AND GR REFUND - OVERPAYMENT DAN BLUE HERON DAYS ASSISTANCE WITH BLUE HER Total for Department RAFFERTY, ROBIN G. LMC CONFERENCE THE SUITE REINERT, JEFF LMC CONFERENCE THE SUITE U S BANK VISA RECOGNITION CERTIFICATES U S BANK VISA RECOGNITION GIFT CARDS Total for Department 401 BARNA, GUZY & STEFFE PROFESSIONAL FEES OPTUMHEALTH FINANCIA JUN - ELIG PLAN PARTICIP OPTUMHEALTH FINANCIA JUNE RETIREES U S BANK VISA LICENSE OF ADOBE ACROBAT TASC - CLIENT INVOIC FLEX PLAN ADMIN. KARLSON, JEFFREY KARLSON LMC CONFERENCE R Total for Department 402 NMTV (NORTH METRO TE MACKIE 12x4 COMPACT LIVE Total for Department 404 PRESS PUBLICATIONS, ANNUAL SUMMARY PRESS PUBLICATIONS, STATEMENT OF CASH FLOW PRESS PUBLICATIONS, STATEMENT OF NET ASSET PRESS PUBLICATIONS, STATEMENT OF REV EXPENSE GOVERNMENT FINANCE 0 BASE MEMBERSHIP AL ROLEK ROSEVILLE, CITY OF IT SERVICES BILLING JULY Total for Department 407 RATWIK, ROSZAK & MAL GECK, DUEA & OLSON, Total for PRESS PUBLICATIONS, MINNESOTA UI RATWIK, ROSZAK & MAL MAY LEGAL SERVICES PROFESSIONAL SERV. LL PR Department 414 PUBLIC HEARING 7/11/12 2ND QTR UNEMPLOYMENT ZONING ORD. - MAY LEGAL Amount 684.25 1,035.00 9,365.40 1,029.66 50.00 6,552.00 18,716.31* 159.21 324.05 160.00 125.00 768.26* 229.50 51.80 23.00 211.03 84.15 122.25 721.73* 369.07 369.07* 202.73 107.33 125.21 119.25 190.00 6,144.16 6,888.68* 1,107.25 8,000.00 9,107.25* 47.70 6,358.00 58.00 • Date: 07/13/2012 Time: 14:59:21 Operator: pms • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ENGINEERING ENGINEERING ENGINEERING ENGINEERING COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE ,ETS ETS ETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET • Total for Department 416 WSB & ASSOCIATES, IN CARTEGRAPH DATA RESTORAT WSB & ASSOCIATES, IN GENERAL ENGINEERING SERV WSB & ASSOCIATES, IN GPS FILE CONSOLIDATION WSB & ASSOCIATES, IN GPS /GIS MISC. ASSISTANCE Total for Department 417 U. S. BANK PROGRAM SUPPLIES Total for Department 418 TDS METROCOM MN BLUE TOW SERVICE, IN CONNEXUS ENERGY SAM'S CLUB, INC. SAM'S CLUB, INC. JOHNSON, ZACHARY BUREAU OF CRIM. APPR U. S. BANK U. 5. BANK U. S. BANK U. 5. BANK U. S. BANK U. S. BANK U. S. BANK U. S. BANK Total for D TDS METROCOM MN CONNEXUS ENERGY CONNEXUS ENERGY NEWMAN TRAFFIC SIGNS XCEL ENERGY MINNESOTA UI Total for D SCHARBER & SONS, INC MACQUEEN EQUIPMENT, AMERICAN FASTENER & BAUER BUILT, INC. BEE LINE ALIGNMENT S GILLUND ENTERPRISES, MIDWAY INDUSTRIAL SU RDO EQUIPMENT COMPAN HSBC BUSINESS SOLUTI COLUMBUS AUTO TRUCK COLUMBUS AUTO TRUCK COLUMBUS AUTO TRUCK LUBRICATION TECHNOLO MONTHLY PHONE SERVICE TOW WHITE MAZDA MILLENIA MONTHLY SERVICE VOLUNTEER APPREC. PICNIC VOLUNTEER APPREC. PICNIC EAR PIECE AND MICROPHONE 1 CONN a 50 MD x 3 M0/2 1" PLANTRONICS C6540 W/H BLACK AND WHITE METER C. BRAGELMEN C. BRAGELMEN UNIFORM GLOVES: RESCUE GLOVE, RE MN CHIEFS OF POLICE ASS PD VERIZON PROMO 23IN WLED LCD LA 2 epartment 42D MONTHLY PHONE SERVICE 2164 MAIN ST ELECTRIC SE MONTHLY SERVICE TEMP NO PARK SIGNS BLUE MONTHLY ELECTRIC CHARGES 2ND QTR UNEMPLOYMENT epartment 430 RPM SENSOR #117 CROSS BEARING KIT WASHERS CAP WIRE HEAT SH D PWR STR RAD TRLR BW & 4 WHEEL ALIGN BRAKE PARTS, CLEANER, GR GASKET 5 /PAK CHECK VALVE REPLACE FRONT ENG, OIL S 7RV BLD 6 ROUND 1ED (TRA 1999 STERLING DOT INSPEC 1999 STERLING REPLACE SU WATER TRUCK REPLACE SUSP 1000 GALLONS 87 UNL Total for Department 431 6,463.70* 153.00 4,366.67 509.00 1,348.00 6,376.67* 61.73 61.73* 684.35 178.91 21.37 -16.27 17.52 42.83 390.00 233.99 19.00 31.88 15.70 39.99 50.00 680.80 580.60 2,970.67* 36.36 34.92 1,281.47 243.59 209.47 212.26 2,018.07* 142.80 162.02 44.14 166.96 75.00 189.47 59.69 378.75 16.06 75.00 865.85 662.22 3,051.61 5,889.57* P7 I� 07/13/2012 Department Time 14:59:21 Operator: pms Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARES PARES ENVIRONMENTAL ENVIRONMENTAL PREMIUM WATERS, INC. ACE SOLID WASTE, INC ACE SOLID WASTE, INC TDS METROCOM MN CENTENNIAL UTILITIES CONNEXUS ENERGY CENTERPOINT / MINNEGAS XCEL ENERGY NORTHWAY IRRIGATION/ PITNEY BOWES, INC. PITNEY BOWES, INC. STAR TRIBUNE U 5 BANK VISA U S BANK VISA COMCAST COMCAST JANI -KING OF MINNESO JANI -KING OF MINNESO ROOF SPEC INC. GETHSEMANE GARDENS U. S. BANK U. 5. BANK ROSEVILLE, CITY OF BOTTLED WATER PUBLIC WOR 1189 MAIN STREET 640 TOWN CENTER PKWY MONTHLY PHONE SERVICE NATURAL GAS USAGE MONTHLY SERVICE JUNE 2012 GAS USAGE MONTHLY ELECTRIC CHARGES REPAIR IRRIG AT CITY ADD EQUIPT. MAINT. DM 500 HI EQUIPT. MAINT. DM500 MAI 13 WEEKS OF SERV. 7/15 - I-INNOTATE APLICATION FO VESTIBULE HARDWARE AT PD INTERNET CITY HALL INTERNET SERVICE PUBLIC MONTHLY CONTRACT BILL FO MONTHLY CONTRACT BILL FO CONSULT SERV PERFORMED J DELIVERY OF PLANTS, MAP IPAD MANUAL INDESIGN C55 PROGRAM SUPPLIES MONTHLY PHONE BILLS JULY Total for Department 432 ACE SOLID WASTE, INC CENTENNIAL UTILITIES CONNEXUS ENERGY CENTERPOINT /MINNEGAS U S BANK VISA U S BANK VISA BIFF'S INC. U. S. BANK U. S. BANK U. S. BANK Total for FRONTIER PRECISION, JRK SEED AND TURF SU Total for SUNRISE PK NATURAL GAS USAGE MONTHLY SERVICE JUNE 2012 GAS USAGE PAINT TAPE & PAINT PORTABLE RESTROOM RENTAL PRUNING TOOLS REPLACE BASE PADS MAKITA WASP SPRAY Department 450 TERRASYNC FUNDAMENTALS T ARBORPLUGS #3 100PK Department 461 Total for Fund 101 TRACIE DEWBERRY LESCH, KERRI OSMEK, JANICE REHBEIN, DEANNA THAEMLITZ, KATHY REFUND TENNIS CLASS PROGRAM REFUND PROGRAM REFUND FOR SOCCE PROGRAM REFUND HAWKS PLAYGROUND REFUND Total for Department 47.54 209.69 262.13 163.22 492.16 912.06 93.18 6,172.21 2,828.00 539.00 283.00 72.80 10.70 312.11 42.45 42.45 3,137.85 486.28 250.00 450.00 30.62 57.89 951.30 17,846.64* 136.61 66.58 69.51 30.21 65.32 33.26 847.86 148.85 51.14 25.67 1,475.03* 20.00 54.51 74.51* 79,747.89* 30.00 95.00 55.00 95.00 95.00 370.00* Date: 07/13/2012 Time: 14:59:21 Operator: pms • Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FAMILY ACTIVITIES FAMILY ACTIVITIES U. S. BANK U. S. BANK Total for SPECIAL EVENTS /TRIPS U SPECIAL EVENTS /TRIPS U SPECIAL EVENTS /TRIPS U SPECIAL EVENTS /TRIPS U SPECIAL EVENTS /TRIPS U SPECIAL EVENTS /TRIPS U SPECIAL EVENTS /TRIPS LIL SPECIAL EVENTS /TRIPS U. S SPECIAL EVENTS /TRIPS U. S 5 BANK VISA S BANK VISA S BANK VISA S BANK VISA S BANK VISA S BANK VISA MANDILE TOURS . BANK . BANK Total for PROGRAM SUPPLIES PUPPET SHOW SUPPLIES Department 203 ART CAMP SUPPLIES ART SUPPLIES PLAYGROUND PLAYGROUND SUPPLIES SENIORS STAFF TRAINING SUBWAY SUMMER IN THE CITY BOAT FIELD TRIP PROGRAM SUPPLIES Department 205 YOUTH INSTRUCTIONAL SKYHAWKS SPORTS ACAD RICE LK ELEM. SCHL MINI - Total for Department 207 YOUTH SPORTS DEBT SERVICE U. S. BANK PIZZA STAFF Total for Department 208 Total for Fund 201 U. 5. BANK MN GO IMPRV AND UTILITY Total for Department 470 Total for Fund 334 SRNMENT BUILDINGS U S BANK VISA 1 LICENS MICROSOFT OFFIC RNMENT BUILDINGS U 5 BANK VISA LAPTOP FOR MICHAEL GROCH Total for Department 432 OTHER OTHER OTHER OTHER OTHER OTHER OTHER Total for Fund 403 RATWIK, ROSZAK & MAL MAY LEGAL SERVICES WSB & ASSOCIATES, IN OTTER LAKE ROAD EXTENSIO Total for Department 499 Total for Fund 406 BROCK WHITE COMPANY, ROADSAVER 221 CRAFCO SEA WSB & ASSOCIATES, IN 2012 MILL & OVERLAY /PHAS WSB & ASSOCIATES, IN 2012 SEALCOAT PROJECT Total for Department 499 Total for Fund 421 RATWIK, ROSZAK & MAL CONSERVATION EASE - MAY EMMONS & OLIVIER RES SURFACE WATER MANAGEMENT Total for Department 499 2.91 3.94 6.85* 13.69 30.46 79.82 83.74 33.29 28.66 2,100.00 225.00 137.57 2,732.23* 2,275.00 2,275.00* 12.00 12.00* 5,396.08* 425.00 425.00* 425.00* 352.44 1,348.91 1,701.35* 1,701.35* 420.50 1,762.25 2,182.75* 2,182.75* 6,089.00 2,562.75 1,478.00 10,129.75* 10,129.75* 158.00 813.30 971.30* P9 ilateO 07/13/2012 Department Time: 14:59:21 Operator: pms Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER Total for Fund 422 971.30* RATWIK, ROSZAK 6 MAL 35E INTERCHANGE ASSESS -M 106.50 Total for Department 499 106.50* Total for Fund 474 106.50* SHOREVIEW, CITY OF 2ND QTR SHARED SVCS - ST 9.54 STATE OF MINNESOTA COMMUNITY WATER SUPPLY S 6,885.00 Total for Department 6,694.54* WATER W. W. GOETSCH ASSOCI 3 SUBMERSIBLE DRAW -DOWN 4,164.92 WATER INSTRUMENTAL RESEARC TOTAL COLIFORM BACTERIA 142.50 WATER TDS METROCOM MN MONTHLY PHONE SERVICE 109.08 WATER CONNEXUS ENERGY MONTHLY SERVICE 1,465.83 WATER HAWKINS, INC. CHLORINE CYLINDER 5.00 WATER HAWKINS, INC. CHLORINE, BULK INHIBITOR 10,906.99 WATER CENTERPOINT /MINNEGAS JUNE 2012 GAS USAGE 66.83 WATER SHOREVIEW, CITY OF 2ND QTR SHARED SVCS - WA 2,308.20 WATER U S BANK VISA REPLACE BROKEN MOTOROLA 6.95 WATER HD SUPPLY WATERWORKS SENSUS COMMAND LINK SALE 790.63 WATER SL -serco 1 CCR PROD LYOUT PRINT /W 1,315.00 WATER GOPHER STATE ONE -CAL EMAIL TICKETS, CANCELLED 221.12 WATER WSB & ASSOCIATES, IN GENERAL ENGINEERING SERV 833.32 Total for Department 494 22,336.37* Total for Fund 601 29,230.91* SEWEP. CENTENNIAL UTILITIES NATURAL GAS USAGE 18.17 SEWER CONNEXUS ENERGY MONTHLY SERVICE 357.75 SEWER CENTERPOINT / MINNEGAS JUNE 2012 GAS USAGE 45.56 SEWER XCEL ENERGY MONTHLY ELECTRIC CHARGES 24.57 SEWER SHOREVIEW, CITY OF 2ND QTR SHARED SVCS - SE 1,098.06 SEWER HUGO EQUIPMENT COMPA BUSHING - SHAFT, OUTPUT 5.32 SEWER METROPOLITAN COUNCIL WASTE WATER SERVICES DEF 57,077.74 SEWER GOPHER STATE ONE -CAL EMAIL TICKETS, CANCET,T.RD 221.13 SEWER WSB 6 ASSOCIATES, IN GENERAL ENGINEERING SERV 833.32 Total for Department 495 59,681.62* Total for Fund 602 59,681.62* SHARPER HOMES, INC. ESCROW RELEASE 131 ROBBI 4,950.00 RATWIK, ROSZAK & MAL CARTWAY PETITION - MAY L 1,247.00 RATWIK, ROSZAK & MAL MAY LEGAL SERVICES 29.00 WSB & ASSOCIATES, IN MISC. ESCROW ACCOUNT REV 128.00 Total for Department 6,354.00* Total for Fund 801 6,354.00* Grand Total 195,927.15* • • P11 CENTENNIAL FIRE DISTRICT •eport Criteria: Report type: Summary Check Register- FIRE GL Page: 1 Check Issue Dates: 7/1/2012 - 7/10/2012 Jul 10, 2012 02:08PM GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 07/12 07/10/2012 5415 20353 BLAINE BROTHERS, INC A21 MTC & REPAIR 704.43 07/12 07/10/2012 5416 30485 CENTER MART FUEL 302.84 07/12 07/10/2012 5417 30490 CENTERPOINT ENERGY STATION 2 GAS 31.87 07/12 07/10/2012 5418 31008 COMCAST INTERNET CENTERVILLE STATI 101.50 07/12 07/10/2012 5419 40150 DISCOUNT TIRE, INC TRAILER TIRE 132.84 07/12 07/10/2012 5420 50121 EMERGENCY AUTOMOTIVE TE C -2 EMERGENCY LIGHTING RE 1,222.36 07/12 07/10/2012 5421 60050 FISDAP EMS TESTING 100.00 07/12 07/10/2012 5422 60650 FRATTALLONE'S HARDWARE S MISC SUPPLIES 52.56 07/12 07/10/2012 5423 130420 MESABI RANGE VIRGINIA CAM TRAINING LODGING JW 80.00 07/12 07/10/2012 5424 160050 PAETEC PHONES STATION 2 148.63 07/12 07/10/2012 5425 180175 ROBERT REXEISEN NREMT TEST FEE REIMB 70.00 07/12 07/10/2012 5426 180600 CITY OF ROSEVILLE JULY PHONE SERVICE 839.16 Grand Totals: 3,786.19 M = Manual Check, V = Void Check CITY COUNCIL WORK SESSION DRAFT July 2, 2012 • 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : July 2, 2012 5 TIME STARTED : 5:33 p.m. 6 TIME ENDED : 8:15 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Rafferty, Roeser 8 and Mayor Reinert 9 MEMBERS ABSENT : Council Member O'Donnell 10 11 12 Staff members present: City Administrator Jeff Karlson; Community Development 13 Director Michael Grochala; City Engineer Jason Wedel; City Planner Paul Bengtson; 14 Public Safety Director John Swenson; City Clerk Julie Bartell 15 16 1. Zoning Ordinance Amendment — Industrial Zoning Districts- City Planner 17 Bengtson reported that the City engaged a consultant to review the industrial zoning 18 regulations and ensure consistency with the 2030 Comprehensive Plan and ensure the 19 quality of future industrial development. He introduced Kendra Lindahl of Landform 20 who conducted the review and prepared the proposed ordinance amendments. 21 22 Ms. Lindahl explained the process used to coordinate the ordinance changes including 111 23 meetings with staff for background and discussion of how to implement the city's 24 Comprehensive Plan vision and address non - conforming situations, keeping in mind the 25 city's short and long term goals. She noted that the council expressed interest in 26 receiving information on outside storage in industrial districts, including what other cities 27 do; she explained that generally such storage is accepted as an interim use, is a typical use 28 and she has included recommendations on allowing the use with increased setback and 29 screening requirements and not within the gateway zone (adjacent to the interstate). 30 31 Regarding screening and setback, Council Member Roeser expressed some concern that 32 the requirements enforced between industrial properties could be an extra and 33 unnecessary expense to business owners. The mayor suggested that the change to allow 34 outside storage at all is business friendly and he recognizes the need to have some 35 protections included; perhaps there could be some language that allows consideration 36 based on the situation. Ms Lindahl added that it is not unusual to have the requirements 37 and there are certainly a lot of different uses that could occur. Community Development 38 Director Grochala expressed some concern about inequities that could occur but staff can 39 try to develop some language for council consideration; he noted that the screening 40 language is included in the landscaping ordinance. Also noted was concern about 41 creating a cluttered look by adding barriers and screens and also a definition that includes 42 a limit of 24 -hours on storage. 43 44 2. Establishment of Cartway, Otter Lake Drive — Community Development 4110 45 Director Grochala recalled the city's receipt of a petition for a cartway submitted by 1 CITY COUNCIL WORK SESSION July 2, 2012 DRAFT 46 Adam Johnson, 2055 Otter Lake Drive. The council was required under statute to set a 47 hearing date. Mr. Grochala reviewed the hearing process as set forth in his report and 48 also reviewed a map of the proposed vicinity and cartway. It appears from everything 49 staff has seen that Mr. Johnson meets those minimum statutory requirements for 50 establishment of a cartway. The next question then becomes damages. The city has 51 escrowed funds from Mr. Johnson for the city expenses. Damages to other landowners is 52 another consideration and while there is not a lot of guidance on the subject included in 53 state statute, Mr. Grochala suggests that it could be construed like an easement situation. 54 The question is whether or not there is any reduction in property value with the addition 55 of the cartway. The council may receive appraisal information presented at the hearing. 56 The mayor confirmed that, if the statutory threshold for a cartway is met in this case, it is 57 not a case of if but how. Mr. Grochala noted the third area of consideration as 58 maintenance - would Mr. Johnson have the same maintenance responsibility /costs as the 59 current owners? Mr. Grochala noted that the City Attorney will assist the council in the 60 hearing process and added that it is within the council's prerogative to table the item as 61 long as the public hearing is opened. He also added that the involved parties have been 62 informed that they may provide a brief on their position to the city before the hearing. 63 Also council members could visit the site if that would be helpful. 64 65 2a. Proposal on Otter Lake Road — Community Development Director Grochala 66 introduced Bruce Miller, MFC Properties, owner of the northeast quadrant property. Mr. 67 Miller noted that since the benefit appraisal for the Otter Lake Road improvements came 68 in under estimate and since he'd like to see the improvements go ahead so that 69 development in the area can proceed, he is offering to cover the difference as a loan. His 70 company is in jeopardy of losing a client interested in a business in the quadrant because 71 the process is not moving. 72 73 The mayor noted that he understands that the analysis came in low but also recognizes 74 that it is simply an estimate and the real value is what people will pay. He asked if 75 obtaining another appraisal would be appropriate. Mr. Grochala noted that there is the 76 possibility of scaling back the improvements to cover the gap of $80,000 but reducing the 77 scope could also reduce the benefit. He sees a stalemate position; the appraisal was done 78 by a well recommended organization so he doesn't see the benefit of a_redo. He's heard 79 Mr. Miller's offer to finance the gap but that would leave assessment questions. Mr. 80 Grochala said he would intend to further explore the opportunity with the city attorney. 81 The other alternative he mentioned is to prepare a tax levy covering the gap, a step that 82 hasn't been used by the city in the past. 83 84 When Council Member Roeser asked if the developer(s) could go ahead and do the 85 improvements on their own, Mr. Grochala explained that there are property acquisitions 86 questions involved. Mr. Miller discussed the option of changing the location of the 87 proposed bus park and ride. Mr. Grochala suggested that the situation seems to present a 88 struggle no matter how you look at it. The council directed staff to continue discussions 89 with the involved parties and see what can be worked out. 90 2 • • • • CITY COUNCIL WORK SESSION July 2, 2012 DRAFT 91 3. Traffic Signal Project Update — Community Development Director Grochala 92 noted that TKDA is finishing up the plans and specifications for the projects and approval 93 requests for the different elements of the project will proceed starting in July and 94 culminating with construction time in the fall (functional lights in winter). The city 95 engineer is speaking with residents and businesses impacted by either acquisition or other 96 elements including utilities, and responding to residents' questions as necessary. Mr. 97 Grochala explained the plans to deal with right of way at Main Street and Lake Drive and 98 how the business will be impacted. 99 100 4. Zoning Ordinance Amendment — Landscaping Standards — City Planner 101 Bengtson noted that this is not the first time the council has seen this language as it was 102 reviewed as part of the Comprehensive Plan process; the language was completed 103 previously and reviewed by the council and the Planning & Zoning Board. Staff has 104 pared down language that was more suggestion than material in order to reach a standard 105 of compliance that is clear. There are still five distinct areas for landscaping: canopy 106 coverage, foundation and open area, buffering and screening requirements and boulevard 107 trees. 108 109 Council Member Roeser suggested that there's been a trend to go more "wild" in 110 landscaping but he sees that being more appropriate in some areas than others; do the 111 standards address that? Mr. Bengtson noted that separate guidelines will be maintained 112 that indicate types of plantings that are acceptable, basically though for commercial and 113 industrial, anything in the front is expected to be more manicured. The intent isn't to 114 dictate what people will plant in their yards; it's more directed to new development. 115 116 The ordinance will be considered for first reading at the next council meeting. 117 118 5. Charter Commission Budget Request - The mayor suggested that the 119 Commission has about $1,200 left in their 2012 budget. He isn't clear from reading their 120 communication why the funding is requested. He attended the commission meeting 121 when this was discussed and determination that they would require eight hours of 122 attorney work seemed to be arbitrary and the amount seems extensive; it would more 123 make sense to get an estimate of the legal costs. 124 125 Council Member Roeser added that a bid would be appropriate when considering 126 expending public funds. Also he is concerned about granting funds to a group that he 127 believes misappropriated funds in the past. He also doesn't understand the need for 128 opposing attorneys and suggests that the commission and the council should be getting an 129 open and fair opinion from the same attorney; to act otherwise is seeking a differing 130 opinion and makes for an awkward and more costly process. 131 132 Council Member Rafferty expressed that he is confused about the amount being 133 requested. There is a budget in place not fully expended. 134 CITY COUNCIL WORK SESSION July 2, 2012 DRAFT 135 The council concurred that both staff and an attorney were present at the last commission 136 meeting to provide information and answer questions on the city council's proposal. 137 Council Member Roeser pointed out that much of the legal involvement comes in 138 preparing the wording for the amendment and that is the responsibility of the council. 139 140 There was no support indicated by the City Council to provide additional funds to the 141 Charter Commission at this time. The council is aware that the commission has funds 142 remaining in their 2012 budget. 143 144 6. Revised Personnel Policy — Administrator Karlson distributed and reviewed 145 survey information indicating what other cities (similar in size to Lino Lakes) offer in the 146 area of tuition reimbursement. The mayor suggested an annual incentive of $2,000 147 including tuition, fees and books with a requirement of a "C" or better and a percentage 148 of 50 %. Council Member Stoesz suggested language that requires a payback if the 149 employee leaves within two years; Administrator Karlson clarified that the proposed 150 policy would require repayment if leaving within a year. It was clarified that courses 151 required to maintain licensure or accreditation related to job duties are paid one hundred 152 percent by the city. 153 154 Administrator Karlson also noted that the council previously expressed interest in 155 understanding what sections of policy are covered by collective bargaining. In response 156 he has provided in his report an index that highlights those sections. 157 158 Administrator Karlson will include the updated information in the policy and will bring 159 the revised personnel policy to the council for consideration of approval at the next 160 council meeting. 161 162 7. Social Media Update — There was no written report. Administrator Karlson 163 remarked that the key focus of the discussion at this point has been development of a 164 communications plan for critical incidents. The city's emergency management plan is 165 already in place to cover disaster situations. He basically sees three different levels: 166 using social media (i.e. Facebook, See /Click/Fix) to communicate on a regular basis 167 about items of interest in the community; a critical incident communication system that 168 will get information out quickly; the highest level would be the emergency management 169 plan. The mayor suggested that the city may want to stay on top of advancements in 170 technology that are occurring continually; at minimum an annual review is required. It 171 will be important to give residents the opportunity to participate in the city's social media. 172 Council Member Roeser suggested coordinating involvement with the school district or 173 through the election process. 174 175 REVIEW REGULAR AGENDA ITEMS 176 177 The council agenda for the July 9, 2012 meeting was reviewed. There were no changes to 178 the agenda as presented. 179 4 • • CITY COUNCIL WORK SESSION July 2, 2012 DRAFT 180 The meeting was adjourned at 8:15 p.m. 181 182 These minutes were considered, corrected and approved at the regular Council meeting held on 183 July 23, 2012. 184 185 186 187 188 Julianne Bartell, City Clerk Jeff Reinert, Mayor 189 5 COUNCIL MINUTES July 9, 2012 DRAFT fik 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : July 9, 2012 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 8:50 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; City Planner Paul Bengtson; City Engineer Jason Wedel; City Attorney Joseph Langel; 13 Chief of Police John Swenson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 CONSENT AGENDA 24 25 Council Member Rafferty moved to approve the Consent Agenda, Items 1 A through 1F, as presented. 26 Council Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 27 28 ITEM ACTION 29 30 Consideration of Expenditures: 31 32 July 9, 2012 (Check No. 93640 - 33 93746, $93,746) Approved 34 35 Centennial Fire District (Check No. 5393 - 36 5409, $11,713.38) Approved 37 38 June 25, 2012 Council Work Session 39 Minutes Approved 40 41 June 25, 2012 City Council Meeting 42 Minutes Approved 43 44 Resolution No. 12 -56, Appointing Election Judges • 45 For the 2012 Primary and General Elections Approved 1 COUNCIL MINUTES July 9, 2012 DRAFT 46 47 June 25, 2012 Special Session Minutes Approved 48 49 Resolution No. 12 -61, Approving a Peddler License 50 for Edward Zaliagiris Approved 51 52 FINANCE DEPARTMENT REPORT 53 54 There was no report from the Finance Department. 55 56 ADMINISTRATION DEPARTMENT REPORT 57 58 3A) Memorandum of Understanding with Rice Creek Watershed District regarding city 59 participation in a grant program for a deicing system — City Administrator Karlson recalled that 60 the city joined with other area cities in applying for grant funds to support participation in a salt brine 61 roadway deicing program. Brining is a proactive activity to prepare roads before storms and a process 62 that reduces costs as well as chemicals. The city has been awarded a grant that will cover about forty 63 percent of the cost of equipment for the program. In order to receive the grant, authorization to enter 64 into a Memorandum of Agreement with the Rice Creek Watershed District is requested. 65 66 Council Member Roeser moved to authorize execution of the Memorandum of Agreement as 67 presented. Council Member Stoesz seconded the motion. Motion carried on unanimous voice vote. 68 69 3B, Revised Personnel Policy — City Administrator Karlson noted that staff introduced a revised 70 personnel policy for council consideration in May. The policy has been discussed and reviewed by 71 the council at several meetings. The policy revisions include the areas of personal leave, tuition 72 reimbursement, computer use policy, and updating of the drug and alcohol policy. 73 74 Council Member O'Donnell moved to approve the Revised Personnel Policy as presented. Council 75 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 76 77 PUBLIC SAFETY DEPARTMENT REPORT 78 79 There was no report from the Public Safety Department. 80 81 PUBLIC SERVICES DEPARTMENT REPORT 82 83 There was no report from the Public Services Department. 84 85 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 86 87 6A, Public Hearing, Resolution No. 12 -59, Establishing a Cartway — Community Development 88 Director Grochala explained that the city received a petition from Mr. Adam Johnson, 2055 Otter 89 Lake Drive, to establish a cartway easement to provide access to a landlocked parcel that he owns. 90 The process for a cartway is established under Minnesota Statutes and provides that the city council 2 COUNCIL MINUTES July 9, 2012 DRAFT 91 shall establish a cartway if certain criteria is met. The city process has included the calling of a public • 92 hearing by resolution that also included an order for Mr. Johnson to personally serve the resolution 93 upon the owners /occupants of the land. Affidavits of service have been provided. Mr. Johnson has 94 also provided escrow funds for city costs in the process. 95 96 Community Development Director Grochala then outlined the three issues to be addressed: meeting 97 the threshold requirements of the statute, where the cartway should be located, and 98 damages /maintenance. 99 100 City Attorney Langel noted that the council should hear from both sides, petitioner first and then the 101 homeowner association. There may be rebuttal time allowed afterward. The council will then decide 102 how to proceed. 103 104 Mayor Reinert commented that a position paper had been submitted by the homeowners association 105 that seems to associate this process with eminent domain. He clarified that none of the proceedings 106 this evening have to do with such eminent domain and he doesn't want the issue clouded with that 107 talk. This involves private land and private parties and the law dictates the city council's 108 involvement. 109 110 Joe Barnett, attorney for Mr. Johnson. He believes the homeowners' association brief is misapplied 111 in its statements. It is clear that the threshold requirements are met in this case. Mr. Johnson owns a 112 parcel of property that he doesn't have access to from a public roadway. They claim that there is a13 reasonable access but that is not what the statute requires. The second issue is the proper location of 114 the cartway. Mr. Johnson has indicated on a map a red line that shows the distance that he would 115 like to have established as a cartway (submitted for the record). The road already exists there and Mr. 116 Johnson is supposed to have access by a previous deed associated settlement agreement anyway (copy 117 of settlement agreement distributed). Regarding damages Mr. Johnson's position is that there are no 118 damages to the homeowners as there will be no impediment to their use. Apparently anyone besides 119 Mr. Johnson is currently allowed to use the roadway. Mr. Johnson has done everything possible to try 120 and resolve this without this action. The use requested is minimal. How he would use his land is 121 irrelevant. Mr. Barnett added that he has spoken with a member of the homeowners association and 122 there has been no vote of the association on their position. 123 124 Adam Johnson, 2055 Otter Lake Drive, noted the cartway petition that he has submitted, his right to 125 access his land and his request to the council to uphold his right. He has tried to work this out 126 including through mediation. The bridge has been open to everyone but him. He owns property and 127 has maintained it well. He noted the docking easement that is in place. He has caused no damages by 128 use of the bridge and anticipates none in the future. He asks the council to uphold his rights and 129 establish the cartway. 130 131 Dave Snyder, attorney representing the Oak Brook Peninsula Homeowners Association. He has heard 132 the mayor note the reference to eminent domain and asked if the city attorney is advising that he not 133 be allowed to reference the limitations created by the recently enacted statute regarding eminent 134 domain? The Minnesota Court of Appeals in 2007 indicated that the authority to create a cartway is .35 an exercise of eminent domain authority. Attorney Langel responded that no one is directing the 3 COUNCIL MINUTES July 9, 2012 DRAFT 136 argument although there may be disagreement on the implications of the eminent domain law. 137 Attorney Langel suggested that the mayor is simply interested in focusing on cartway consideration. 138 Mr. Snyder indicated that his attorney's brief was submitted this afternoon and he has received no 139 opinion from the city attorney on it. The mayor reiterated that he doesn't believe that there is any 140 taking of land by the city. 141 142 Attorney Snyder requested that the cartway petition be denied for several reasons. There is no 143 compelling need for creation of a cartway. The property to which access is sought is part of a single 144 parcel. They believe the parcel is being accessed now and historically accessed without the bridge. It 145 may not be the most convenient access but there is access being used. Another approach and perhaps 146 the most practical would be construction of a bridge by the applicant. Another concern is that this 147 request is inconsistent with the limitation on establishment of cartways by cities; cities formerly could 148 create cartways by public road (eminent domain) and also by establishing private cartways (for use by 149 one individual) as is proposed here today. Because it is private in this case, eminent domain is no 150 longer allowed under statute (except for town roads or ditches). The city cartway statute is not 151 incorporated into the changes to eminent domain so the allowance for cities is only for public 152 cartways. The city only has powers provided to it under statute. He suggests that there are other 153 remedies for Mr. Johnson such as the public cartway laws. Also the use proposed would further 154 accelerate the use of the property for illegal hunting. Mr. Snyder added that there is the option of 155 seeking a statutory change but that should fall to the applicant rather than the city. In the matter of 156 damages, they believe a bond should be established. In regard to the settlement agreement that has 157 been mentioned and distributed by the applicant, his clients disagree that it is germaine and that it 158 provides for access. He reminded the council that this action involves private property. 159 160 Attorney Langel noted that Outlot A (location of the road) is owned by the homeowners association 161 and he asked if the group is active. Attorney Snyder responded that he doesn't know their activity 162 level but he is aware that they met to determine that they would resist any attempts to encroach upon 163 their private property. When Attorney Langel asked for records of their meeting, Mr. Snyder said he 164 could provide them in the future and added that of the three member board, two are present this 165 evening. 166 167 Julie Jeffrey Schwartz, 2140 Otter Lake Drive. She is concerned that the applicant has not provided 168 any appraisal information on damages. The association has paid money for a professional appraisal 169 estimating damages under either a public or private taking. She understands that the statute requires 170 the council to determine damages and she noted that the council has received only the homeowners' 171 appraisal. On the question of activity of the association, they are active and have registered with the 172 Secretary of State and did meet to authorized hiring of the appraiser and attorney. She discussed the 173 question of access and noted that there is currently a high water level and even under those 174 circumstances, Mr. Johnson has been able to cross to his property and has done so numerous times. 175 He has requested the cartway for walking, a lawnmower and for a garden tractor and she suggests that 176 those things can be brought to the property through a float or a bridge over the channel. She 177 questions if roadway access is being requested because of other plans to build or practice illegal 178 activity that has occurred in the past. She noted that Mr. Johnson is a professional hunter who 179 advertises services in the northeast metro and that his very disruptive activity has and would impact 4 • • COUNCIL MINUTES July 9, 2012 DRAFT 080 the quiet enjoyment of the area. She asks that the private nature of this property be considered and if 81 it is taken the damage appraisal submitted by the association should be considered. 182 183 Attorney Langel asked if the homeowners' association position is that the channel is not navigable. 184 Attorney Snyder responded that he understands that the position is that parts of the channel are and 185 parts are not and that the burden to the applicant would not be great. Mr. Snyder added that if the 186 request of the applicant for access by use of ATV is accurate, then it is clear that he already has that 187 access because he is doing it now even under high water conditions. He believes that the 188 establishment of a public cartway is discretionary by the council in this case. The mayor noted that he 189 is indifferent about the establishment but has been advised by legal counsel that if the threshold of the 190 statute is met, the establishment isn't discretionary. Attorney Langel clarified the statutory language 191 and the presence of a navigable waterway. Ms. Schwartz noted that the definition of navigable water 192 is defined by the DNR and in the case of this channel it is not navigable because it has not been 193 dredged. She added that there is a purposefully construction hump at the head of the channel meant to 194 provide separation from the lake that also makes the pond not part of the lake. 195 196 In rebuttal, Mr. Johnson noted that the ATV on his property was driven across the bridge by Mr. 197 Melton so that he (Mr. Johnson) could access his property without police involvement. Regarding the 198 channel, most years the channel has been navigable even by large boats. He added that Rice Creek 199 Watershed District does have authority to dredge the channel also. Attorney Barnett noted the 200 settlement agreement and a clause that requires that the channel be kept navigable. He added that the 201 public taking of property assumption is not correct and therefore the appraisal submitted that is based .02 on a public taking has no basis; it is his client's position that there are no damages in this situation. 203 Speculation of how the land will be used is irrelevant. Attorney Langel pointed out that there are two 204 elements to a question of damages — value and maintenance. Attorney Barnett responded that there is 205 an obligation for an equitable share of maintenance costs but pointed out that Mr. Johnson's use 206 would be minimal on a percentage basis. 207 208 In rebuttal, Mr. Snyder noted that the appraisal comprehensively addresses both elements — public and 209 private. Statutory predicate for this is not met and the risk of changing statute shouldn't fall to the 210 city. Attorney Langel clarified that the appraisal data seems to be based on a public taking but asked 211 if it could be refined to a private cartway. 212 213 Council Member Roeser noted the settlement agreement for dock access and asked for clarification 214 that the agreement grants access rights to Mr. Johnson. Attorney Langel indicated that he will be 215 further reviewing the document. Mr. Johnson noted that the agreement runs with the deed to his 216 home as well as all the homeowners of Otter Lake Estates. 217 218 Ms. Schwartz indicated her familiarity with the settlement agreement and explained the history. It 219 was intended for owners who already had property developed in Otter Lake Estates. Mr. Johnson's 220 parcel was not created at the time that the agreement was put together and that land in fact belonged 221 to the person granting the settlement so he couldn't have granted an easement to himself. Also the 222 settlement indicates rights to 18 plaintiffs, not parcels. Council Member Roeser pointed out that the •223 agreement says that it runs with the property; he also believes that the easement indicates a right to a 5 COUNCIL MINUTES July 9, 2012 DRAFT 224 navigable waterway. Council Member Roeser added that he does have concern about intended uses. • 225 Ms. Schwartz argued that Mr. Johnson's parcel did not exist at the time of the settlement. 226 227 Council Member O'Donnell noted the hunting use that has been mentioned; that is covered by city 228 ordinance so it isn't pertinent to the cartway question. Attorney Snyder pointed out that the question 229 isn't personal hunting but rather professional guide hunting, a service that Mr. Johnson offers. 230 Regarding the settlement agreement, Council Member O'Donnell asked if there is an easement in 231 place? Attorney Langel responded that the settlement agreement hasn't been verified but it appears 232 there is an agreement in place; it has been suggested that the easement provided for in the settlement 233 has never been recorded however. 234 235 Council Member Rafferty asked for a review of claimed damages versus the amount of use claimed 236 by Mr. Johnson. Mr. Snyder responded that statute directs consideration of damages and his clients 237 have followed an accepted process for appraisal by a professional appraiser. 238 239 The mayor asked that the council discuss the threshold element — has the statutory threshold been 240 met? The council indicated that they have determined that the waterway is or could be navigable. 241 On location, it was verified that 293.7 feet is the length of the cartway requested to the nearest point 242 that access is possible (that is a straight line map measurement however and so the exact distance 243 hasn't actually been established — a point of entry has been established). It was pointed out that there 244 are metal stakes in the ground that would have to be removed. Attorney Langel noted that there is 245 also the question of dimension. Mr. Johnson said that statutes indicate a width of no less than 33 feet 246 and he'd prefer the area off the road to be 30 feet. Council Member Stoesz suggested that there may • 247 be some indication of size in the easement agreement and that in turn could be compared to the 248 request and perhaps used to assist with determining damages. Attorney Barnett asked about the 249 ability for Mr. Johnson to access the property for his work and measurement. 250 251 The mayor suggested a discussion of damages and maintenance; what should be considered in that 252 discussion? Council Member O'Donnell remarked that the appraisal data submitted is for the full 253 length of Otter Lake Road. Attorney Snyder responded that the appraisal includes damages in gross 254 and net (including sub parts). Council Member Roeser suggested that if Mr. Johnson is granted use of 255 a private road, he should participate in the maintenance of the road. Mr. Johnson said he agreed in the 256 past to pay current and future maintenance. Council Member Roeser suggested sometimes it's the 257 fear of the unknown that cause issues or concerns; would Mr. Johnson be opposed to covenants or the 258 like attached to the situation that would calm fears. Mr. Johnson suggested that use isn't a 259 consideration in the cartway statute so he'd prefer not to add any conditions. The mayor indicated 260 that he would intend to somehow address uses and conditions as part of an action on the matter; the 261 city attorney clarified that the statute doesn't provide for such. Council Member Roeser suggested 262 that a property owner could certainly voluntarily accept conditions. 263 264 Attorney Snyder reviewed his clients' position. He believes that this evening's review and discussion 265 clearly identifies this as an eminent domain related action and he doesn't believe that the city would 266 want to overstep current statute. There are other solutions besides this action to deal with the 267 disagreements between neighbors. Conditions or not the issue is imposition on the property owners' 268 rights. He recommends that the city call for a posting of a bond in the matter as would be called for ! 6 COUNCIL MINUTES July 9, 2012 DRAFT 069 under eminent domain. They request that the city deny the petition and allow the petitioner to pursue 70 other avenues if he chooses. If the city were to grant the petition, damages must be considered. 271 272 Attorney Barnett noted that it is clear that Mr. Johnson has met the statutory threshold for granting of 273 the cartway. On the question of damages, the statute doesn't require that there be damages set and in 274 this case Mr. Johnson already has an easement and he shouldn't be exposed to any damages. Future 275 maintenance costs will be a consideration. 276 277 The mayor said he would intend to see the public hearing closed and for the council to receive more 278 information on outstanding questions and have another discussion in the future. Council Member 279 Roeser asked Mr. Johnson if he will be willing to put some limitations on future use with the 280 understanding that could have a bearing on damages now and in the future; he recommends that the 281 parties discuss that aspect. The mayor commented that he is indifferent about the action; the council 282 must drill down using the facts. He is sensitive to the privacy of that neighborhood but he doesn't 283 believe this is an issue of eminent domain (he reviewed the process that the statute dictates the 284 council must follow to consider the petition). He feels there is a value involved here; the 285 neighborhood is secluded and this would be an imposition. 286 287 Council Member Rafferty moved to close the public hearing. Council Member Stoesz seconded the 288 motion. Motion carried on a unanimous voice vote. 289 290 The item will be considered next at the August work session. The council will want more ‘11291 information on the settlement agreement and its easement implications. Also the council would like 292 to understand zoning and land use for the area in question. Attorney Langel said it would be helpful to 293 know the exact point of entry to the land. Clarification of the dock or lack thereof is requested. 294 295 6B) 1st Reading of Ordinance No. 07 -12, Amending Section 8, Industrial Districts of the Zoning 296 Ordinance — Planner Bengtson explained text amendment before the council. The city engaged the 297 assistance of Landform to review the industrial district zoning language to ensure standards are 298 consistent with the 2030 Comprehensive Plan as well as the goal of continued quality development. 299 The ordinance has been reviewed by both the Planning & Zoning Board and the Economic 300 Development Advisory Committee and both have recommended approval. The city council reviewed 301 the language at their last work session. 302 303 Kendra Lindahl, Landform, noted the goals of updating this ordinance were to simplify the language 304 and to move more specific performance standards into the landscape ordinance. At the work session 305 discussion the council did raise questions about how to deal with properties abutting other industrial 306 property. In working with staff, it is felt that the way to provide flexibility in those screening 307 standards so that individual situations can be considered is within the landscaping regulations. For 308 outside storage, the language in this ordinance has not changed. 309 310 Council Member Roeser moved to approve the first reading of Ordinance No. 07 -12 as presented. 311 Council Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 312 • 7 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 COUNCIL MINUTES July 9, 2012 DRAFT 6C) 1st Reading of Ordinance No. 08 -12, Amending Section 3, Landscaping Requirements of the Zoning Ordinance — City Planner Bengtson explained that this ordinance is a zoning text amendment to approve previously reviewed standards. The requirements for landscaping will be broken into four areas — canopy coverage, open area, foundation and buffers, and screening and boulevard trees. Regarding screening, staff has added language to address the council's concerns about industrial to industrial situations. The Planning & Zoning Board has approved the ordinance. Council Member Roeser moved to approve the first reading of Ordinance No. 08 -12 as presented. Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 6D) Resolution No. 12 -60, Authorizing Preparation of Plans and Specifications for the 2012 Surface Water Management Project - Community Development Director Grochala noted that the city annually implements a surface water management project. The city engineer has submitted a proposal to prepare plans, contracts and administration for this year's project. Funding for the contract is included in the budget. Council Member Rafferty moved to approve Resolution No. 12 -60 as presented. Council Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY CALENDAR • • Wednesday, July 11 Thursday, July 12 Monday, July 23 Monday, July 23 Monday, July 23 6:30 pm, Council Chambers 6:30 pm, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers following Council Mtg Planning & Zoning Charter Commission Council Work Session City Council Meeting Special Work Session ADJOURN There being no further business, Council Member Rafferty moved to adjourn at 8:50 p.m. Council Member Roeser seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, July 23, 2012. Julianne Bartell, City Clerk Jeff Reinert, Mayor 8 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CLOSED COUNCIL SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES CLOSED COUNCIL SESSION July 2, 2012 : July 2, 2012 . 8:13 p.m. . 9:09 p.m. : Council Members Rafferty, Stoesz, Roeser and Mayor Reinert : Council Member O'Donnell Staff present: City Administrator Jeff Karlson Mayor Reinert called the meeting to order at 8:13 p.m. in the Community Room at Lino Lakes City Hall. The meeting was convened as a closed session of the city council pursuant to the Open Meeting Law for the express purpose of discussing labor negotiations. The meeting was recorded as required. The meeting was adjourned at 9:09 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on July 9, 2012. Julianne Bartell, City Clerk Jeff Reinert, Mayor P12 P13 STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 3A Julie Bartell, City Clerk July 23, 2012 Consider Resolution No. 12 -64, Approving a special event, parade /run and excluded bingo permit for the 2012 Blue Heron Days festival 3/5 Plans are being finalized for Lino Lake's annual community festival, Blue Heron Days. The festival will take place the weekend of August 18 -19, 2012. BACKGROUND Events scheduled for this year's festival include a 5K Run sponsored by the Chain of Lakes Rotary, a grand day parade on Lake Drive, city ambassador program with coronation ceremony, a petting zoo sponsored by the Lino Lakes Lions, police and fire department open houses, Magic Bounce inflatables, a business expo, yoga and family activities at the Chain of Lakes YMCA. Many of the activities for this year's festival will occur in the city's own Lino Park. A special event application requesting city permission to conduct these activities has been submitted to the city by Anna Wicks, Director of the Quad Area Chamber of Commerce. A request for use of city property for some of these events and the related question of liability and insurance coverage is being considered separately by the council. The volunteer parade coordinator, Ms. Casey Block, has been working with city staff on the parade details and has provided the following information. She anticipates approximately 75 units in the parade; the proposed route for the parade would be the same as in 2011, running on Lake Drive from Marketplace Drive to James Street, with a staging parking lot. Ms. Block has obtained permission from Anoka ounty to conduct the p adeton County Road 23 (Lake Drive). The Quad Area Chamber of Commerce will also be sponsoring bingo Park this year. Non-profit organizations are allowed to conduct cluded bingo with local Lino approval of a permit. Ms. Wicks has submitted a permit application that will be forwarded to the state if approved by the council. The Police and Public Works Department have reviewed the applications and have signed off on the permits with the understanding that the applicants will continue to follow their instructions on safety, signage and parking up to and through the festival. The applicant must also have in place all necessary permissions for use of property involved in the event. P14 CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 12 -64 APPROVING A SPECIAL EVENT, PARADE/RUN PERMITS AND TEMPORARY EXCLUDED BINGO PERMIT FOR BLUE HERON DAYS, AUGUST 18 -19, 2012 WHEREAS, the Lino Lakes summer celebration, Blue Heron Days, is planned for the weekend of August 18 & 19, 2012; and WHEREAS, the schedule for this year's festival includes a 5K run, a parade on Lake Drive, Magic Bounce inflatables, a Commerce and Crafts Business Expo, Polynesian singer, bingo, kiddie carnival, petting zoo, dance studio singers and dance presentation, yoga, family movie night, Police Department Open House /Blood Drive, Centennial Fire Open House, YMCA Splash and Dash, tent dance, Waldoch Farm garden tour, and Lino Lakes Ambassadors' coronation; and WHEREAS, the Quad Area Chamber of Commerce is sponsoring many festival events and has submitted an application for a special event and parade permit in conjunction with all the events; WHEREAS, the Rotary Club is sponsoring a 5K Run on Saturday, August 18 and has submitted an application for a run permit; and WHEREAS, said permit applications were reviewed for compliance with the City of Lino Lakes Code of Ordinances and for safety considerations by city administration, police, fire and public works divisions; and WHEREAS, Anoka County has approved a special roadway use permit to allow for parade activities on Lake Drive on August 18, 2012 between the hours of 10:00 a.m. and 1:00 p.m.; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: That the City Council hereby approves the special event, parade /run and excluded bingo applications for the 2012 Blue Heron Days festival subject to ongoing efforts to ensure proper safety, signage and related issues. Adopted by the Council of the City of Lino Lakes this 23rd day of July, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • so • • CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: July 23, 2012 TOPIC Consider Resolution No. 12 -65, Approving a Special Event Permit for Miller's on Main Tent Event on August 17 & 18, 2012 VOTE REQUIRED: 3/5 INTRODUCTION The owner of Miller's on Main, Mr. Chad Wagner, has applied to the City for permission to conduct a special event on his property at 8001 Lake Drive on August 19, 20 and 21. Mr. Wagner has held a similar event for the past several years during the Lino Lakes Blue Heron Days festival. BACKGROUND Mr. Wagner has submitted an application for a special event permit, noting that his event will include a tent in his parking lot with live music, food and alcoholic beverages. Staff has been working with him to ensure that the event plans meet appropriate state and local regulations. In past years, the placement of the tent has been an issue as far as setback. Mr. Wagner has addressed the setback issue by acquiring a lease of adjacent land. A list of conditions has been developed relating to the application and event. All conditions are set forth as Attachment A to Resolution No. 12 -65 and it is recommended that they be attached if the Council elects to approve this permit. Mr. Wagner has reviewed and accepted the conditions. The applications, site plan and all background information are available for review in the City Clerk's Office. RECOMMENDATION Approve Resolution No. 12 -65, Authorizing a Special Event Permit for the Miller's on Main Tent Event on August 17 and 18, 2012, with the conditions as set forth P16 P17 CITY OF LINO LAKES RESOLUTION NO. 12 -65 AUTHORIZING SPECIAL EVENT PERMIT FOR MILLER'S ON MAIN TENT EVENT WHEREAS, Chad Wagner of Miller's on Main has submitted an application for a special event permit a tent event to be held on August 17 & 18, 2012, at the business at 8001 Lake Drive; and WHEREAS, consistent with previous approvals, and recognizing that successfully implementing an event of this type requires ongoing communication and instruction, staff recommends that conditions of approval be attached and incorporated into this resolution; and WHEREAS, the applicant has expressed a willingness to be bound to the conditions recommended by staff (Attachment A) and to continue to work with staff to address additional concerns which may arise; and WHEREAS, the Lino Lakes Police Department and the Centennial Fire District has reviewed the application and event plans; and WHEREAS, proof of general liability and liquor liability insurance has been submitted by the applicant; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: That the City Council authorizes issuance of a special event permit to applicant Chad Wagner of Miller's on Main for events on August 17 and 18, 2012 subject to the attached conditions (Attachments A) Adopted by the Council of the City of Lino Lakes this 23rd day of July, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: AT 1ES T: Julianne Bartell, City Clerk Jeff Reinert, Mayor • ATTACI ANT A (Resolution No. 12 -65) Conditions and Checklist for issuance of Special Event Permit to Chad Wagner d/b /a Miller's on Main, for music event on August 17 & 18, 2012: (1) The applicant has plans for parking vehicles including size and location of lots, points of access; and proof of permission for use of property upon which the special event is to be held or upon which parking may occur, and in the case of County right -of -way, proper documentation from the County approving the plans; (2) For the concerts, the use of wristbands for limiting the number of persons is indicated in the application. An entrance fee shall be charged and entrance shall be by wrist bands only. The applicant shall also indicate the maximum number of persons that shall be permitted, and the fire marshal shall provide a maximum number of occupants based on the size of the tent; (3) Plans are submitted for fencing the location and the gates contained in such fence; (4) Plans are submitted for providing toilet and lavatory facilities including the • source, number, and location, type and means of disposing of waste deposited; (5) Plans are submitted for holding, collection, and disposing of solid waste material; (6) Plans are submitted to illuminate the location of the event including the source and amount of power and the location of lights; based on plans provided, the fire inspector shall determine if a state permit is required; (7) (8) (9) Plans are submitted for security including the number of guards and the name of the security company; in addition, the applicant is required to ensure that two uniformed Lino Lakes police officers are present at the event during the hours of 9:00 p.m. and 1:30 a.m. on August 17 and 18, 2012, or as long as the Police Department deems necessary; Plans are submitted for sound control and sound amplification, if any, including number, location, and power of amplifiers and speakers; all reasonably necessary precautions shall be taken by the applicant to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly; Plans are submitted to meet the requirements of the State Fire Code, including but not limited to the following: i. Minimum of three 2A1OBC fire extinguishers need to be on location in the tent area; ii. `No Smoking" signs need to be displayed throughout the area. P18 P19 iii. No pryotechnics are allowed. iv. No parking within 20 feet of the tent. Measured from stakes. v. No open flames within 20 feet of tent. Measured from stakes. vi. Generator to be located at least 20 feet from tent. Measured from stakes. vii. Clearance to property line needed to 20 feet. Measured from stakes; viii. Certificate of flame retardant for all panels of tent. (10) Music shall cease at the time determined by the City. (11) Telephone service shall be in place sufficient to connect to emergency services; (12) The applicant shall provide proof of appropriate liability insurance. (13) The placement of a tent must comply with setback requirements. • • • • • CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Jeff Karison, City Administrator MEETING DATE: July 23, 2012 TOPIC: Amendment to North Metro TV Joint Cooperative Agreement VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve a resolution amending a joint cooperative agreement for North Metro Cable Television to refinance the building bond. BACKGROUND The North Metro Cable Commission has submitted a proposal to refinance the North Metro TV building bond at a lower interest rate, which will result in a savings of $64,000. While working on the refinancing, bond counsel stated that the refinancing institution, Bremer Bank, requires that all voting members of the Cable Commission be elected officials, including alternates: Currently, the Joint Cooperative Agreement does not require that alternates be elected officials. As a result, the Joint Agreement needs to be amended in order to move forward with the refinancing. RECOMMENDATION Approve Resolution 12 -75, "Approving First Amendment to Joint and Cooperative Agreement and Approving Issuance by the North Metro Communications System of Certain Refunding Bonds." ATTACHMENTS First Amendment to Joint and Cooperative Agreement for the Administration of a Cable Communications System Resolution No. 12 -75 FIRST AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM This First Amendment to Amended and Restated Joint and Cooperative Agreement for the Administration of a Cable Communication System is entered to as of July 23, 2012, by and among the cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes, and Spring Lake Park (the "Members "). RECITALS WHEREAS, the Member entered into that certain Amended and Restated Joint and Cooperative Agreement for the Administration of a Cable Communication System dated as of June 23, 2003 (the "Joint Agreement "); and WHEREAS, the Members have determined to amend the Joint Agreement in certain respects as described herein. NOW, THEREFORE, the Members agree as follows: 1. Part VI, Section 3 of the Joint Agreement is modified to read as follows: Section 3. Each Member shall appoint at least one alternate director who shall be a council member from the Member City. A Member may appoint any number of additional alternate directors, each of whom must also be a council member from that Member City. The Commission, in its By -Laws, may prescribe the extent of an alternate director's powers and duties. 2. The Joint Agreement remains in full force and effect and is not modified except as expressly provided in this First Amendment. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this 23r1 day of July, 2012. ATTEST: CITY OF LINO LAKES, MINNESOTA City Clerk Mayor 407499v1 SJB NR375 -1 • • • CITY OF LINO LAKES RESOLUTION NO. 12 -75 APPROVING FIRST AMENDMENT TO AMENDED AND RESTATED JOINT AND COOPERATIVE AGREEMENT AND APPROVING ISSUANCE BY THE NORTH METRO TELECOMMUNICATIONS SYSTEM OF CERTAIN REFUNDING BONDS AND RELATED MATTERS BE IT RESOLVED by the City Council (the "Council ") of the City of Lino Lakes (the "City ") as follows: Section 1. Recitals. 1.01. The City is a member of the North Metro Telecommunications Commission ( "NMTC "), which is a joint powers entity organized pursuant to Minnesota Statutes, section 471.59. 1.02. The member cities of NMTC entered into an Amended and Restated Joint and Cooperative Agreement for the Administration of a Cable Communications System dated as of June, 2003 (the "Joint Agreement "). 1.03. NMTC issued its $2,000,000 North Metro Telecommunications Commission Cable Franchise Revenue Bonds, Series 2003 (the "Series 2003 Bonds ") to finance a facility for NMTC operations. 1.04. NMTC has determined that it is reasonable and necessary to refund the Series 2003 Bonds in order to achieve debt service savings by issuing its Cable Franchise Revenue Refunding Bonds, Series 2012 (the "Refunding Bonds "). 1.05. The City Council has also reviewed a First Amendment to the Joint Agreement, (the "First Amendment ") providing for certain changes in appointment by member cities of alternate directors who serve on the board of NMTC. Section 2. Approvals. 2.01. The City Council approves the First Amendment in substantially the form presented to the Council. 2.02. The Mayor and City Clerk are authorized and directed to execute the Amendment, and deliver the same to NMTC. 2.03. The City Council expressly authorizes NMTC to issue the Refunding Bonds in the amount deemed necessary by NMCT to effect a current refunding of the Series 2003 Bonds and achieve debt service savings. 407976v1 SJB NR375 -1 2.04. In order to qualify the Refunding Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) The reasonably anticipated amount of tax- exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2012 will not exceed $10,000,000; (b) Not more than $10,000,000 of obligations issued by the City during calendar year 2012 has been designated for purposes of Section 265(b)(3) of the Code. (c) The City agrees, with all members of NMTC, to allocate the benefits attributable to the Refunding Bonds (and the project financed by the original Series 2003 Bonds) in accordance with members' most recent Debt Service Share under Article XI., Section 3 of the Joint Agreement, which share is 17.15 percent; and accordingly the City allocates 17.15 percent of the principal amount of the Refunding Bonds to the City for the purposes of Section 265(b)(3) of the Code. 2.05. City staff and consultants are authorized and directed to take all other actions required to carry out the intent of this Resolution. Approved by the City Council of the City of Lino Lakes this 23rd day of July 2012. Attest: Mayor City Clerk 407976v1 SJB NR375 -1 2 • • • • CITY COUNCIL AGENDA ITEM 3D STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: July 23, 2012 TOPIC: Appointment of Alternate Director to NMTC VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to reappoint an alternate director to the North Metro Telecommunications Commission. BACKGROUND In the process of refinancing its building bond, the North Metro Cable Commission was informed by the refinancing institution that alternate directors had to be elected officials. An amendment to the Joint Cooperative Amendment, which includes this change, is also included in the agenda packet for your consideration. The current alternate director, who was appointed last January, is Administrator Karlson. RECOMMENDATION Reappoint an alternate director. • • • CITY COUNCIL AGENDA ITEM 6 -A STAFF ORIGINATOR: Mary Alice Divine MEETING DATE: July 23, 2012 TOPIC: Consideration of Resolution No. 12 -62 Approving the Use of City Property for Blue Heron Days Events VOTE REQUIRED: 3/5 INTRODUCTION The ninth annual Blue Heron Days will take place from August 17 -19. The Blue Heron Days Committee is requesting the use of Lino Park for Blue Heron Days events on August 18. BACKGROUND Participants in Blue Heron Days are requesting use of Lino Park for festival events on August 18. Participants include: 1. Magic Bounce Inflatables 2. Quad Area Chamber of Commerce Business Expo and Craft Fair 3. Quad Area Chamber of Commerce Bingo 4. Free Comfort Yoga 5. Lions Petting Zoo 6. Centennial Girl Scout Troop 52831 Kiddie Carnival 7. Jaycees Family Movie Night In addition there will be musical entertainment and concessions. Staff has been in contact with the League of Minnesota Cities Insurance Trust staff to determine appropriate insurance requirements to minimize any liability exposure to the City and will carry out those recommendations. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -62. ATTACHMENTS Resolution No. 12 -62 P20 P21 CITY OF LINO LAKES RESOLUTION NO. 12 -62 APPROVING USE OF CITY PROPERTY FOR BLUE HERON DAYS EVENTS WHEREAS participants in Blue Heron Days are requesting use of Lino Park for Blue Heron Days events; and WHEREAS, certain activities are not excluded activities under the City's current liability insurance and are covered without any additional cost to the City. WHEREAS, excluded activities have provided the City with Certificates of Insurance listing the City as an Additional Insured. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes the use of City property for Blue Heron Days Events is approved. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: Adopted by the Council of the City of Lino Lakes this 23rd day of July, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: 3/5 CITY COUNCIL AGENDA ITEM 6 -B Mary Alice Divine July 23, 2012 Consideration of Resolution No. 12 -63 Providing Liability Insurance for Certain Blue Heron Days Events INTRODUCTION The City is annually requested from the Blue Heron Days Committee and Lino Lakes Ambassador Program to provide liability insurance coverage for the parade, the Quad Chamber Business Expo and Lino Lakes Ambassador coronation. BACKGROUND City staff and League of Minnesota Cities Insurance Trust (LMCIT) staff have reviewed all of the proposed Blue Heron Days - related events, groups hosting the events, and whether the events are on property owned by the hosting groups, other private property or public property, as described below. Event Parade Ambassador Coronation Commerce and Crafts Chamber Bingo Lions Petting Zoo Girl Scouts Kiddie Carnival Tent Dance Splash & Dash Magic Bounce Inflatables 5K Rotary Run Comfort Yoga Tati /emcee performer Police Open House /Blood Drive Centennial Fire Open House Family Movie Night Event Host Blue Heron Days Ctte. Ambassador Program Chamber of Commerce Chamber of Commerce Lino Lakes Lions Girl Scouts Miller's on Main YMCA Magic Bounce Chain of Lakes Rotary Thia Casanova Blue Heron Days Ctte. Public Safety Centennial Fire Blaine Jaycees Ownership of Property Public - County St. Joseph Church Public - City Public - City Public — City Public - City Miller's on Main YMCA Public — City School /County Public — City Public - City Public - City Public — Fire District Public - City Based on the discussion with LMCIT, the City would be expected to assume the liability coverage for the parade, ambassador coronation, and business expo and Bingo, in consideration of the host group, existence of liability insurance and event location. These activities are not excluded activities under the City's current liability insurance; therefore, they are covered without any additional cost to the City. The increased involvement of the City providing liability insurance may result in an increased exposure to claims against the City for these covered events and the festival as a whole. Staff has requested a certificate of insurance from P22 P23 the other groups hosting activities as well as being an additional insured for activities occurring on City property. The City has, in past years, waived event and parade permits for non - profit activities, such as the parade, 5K and business expo as its in -kind donation to the community festival. Because of the change of location to Lino Park, the Public Safety Director is requiring a police officer be present on Lake Drive at Lino Park from noon — 4 p.m. on Saturday, August 18. The Blue Heron Days Committee is requesting a waiver of the fee for an on -duty officer for those four hours. RECOMMENDATION Approve Resolution No. 12 -63 ATTACHMENTS Resolution No. 12 -63 • • • • • CITY OF LINO LAKES RESOLUTION NO. 12 -63 APPROVING LIABILITY INSURANCE AND WAIVER OF FEES FOR CERTAIN BLUE HERONS DAYS EVENTS WHEREAS, the Blue Heron Days Committee and Lino Lakes Ambassador Program have requested the City provide liability insurance coverage for the Blue Heron Days parade, the Quad Area Chamber Business Expo, and Lino Lakes Ambassador coronation; and WHEREAS, these activities are not excluded activities under the City's current liability insurance and are covered without any additional cost to the City; and WHEREAS, the City of Lino Lakes has agreed to a waiver of event application fees for the Parade/Run and Event application and the services of the Police Department as in -kind participation in the community festival. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that the provision of Liability Insurance for Certain Blue Heron Days Events, provision of Police officer and the waiver of fees is approved. Adopted by the Council of the City of Lino Lakes this 23rd day of July, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor P24 • • • P25 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Paul Bengtson MEETING DATE: July 23, 2012 TOPIC: Public Hearing: Conditional Use Permit — Grading and Earth Removal i. Resolution No. 12 -68, Approving Conditional Use Permit ii. Resolution No. 12 -67, Authorizing Site Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Encompass Digital Media, operators of the satellite farm at 6221 Holly Drive are in the process of securing additional contracts that would necessitate expansion of the facility. While finalizing the details on the expansion plan, they have applied to remove a large portion of a earth berm on the south side of the site and do some preliminary grading work on the rest of the site. SCHEDULE OF ACTIONS: Planning & Zoning Board City Council (Public Hearing) Action Deadline July 11, 2012 July 23, 2012 September 1, 2012 (may be extended) BACKGROUND The amount of material proposed for removal from the site is approximately 20,000 cubic yards, with the material being hauled south from the site on Holly Drive and then the majority east on County Road J /Ash Street then out of the city. Less than ten percent of the material would be taken west on County Road J /Ash Street. A grading plan prepared by ICECOR dated June 28, 2012, identifies the site layout, proposed excavation area, silt fence locations, and existing wetlands has been provided for staff review. The applicant estimates that it will take approximately 1,200 truck trips to remove the excavated material from their property. The proposed haul route for the excavated materials from the Encompass excavation site is south on Holly Drive and either east or west on County Road J. Per the applicant, the vast majority of the truck trips will go east on County Road J to 35E; however, there will be approximately 20 trips that will travel west on County Road J. A grading plan for the earth materials excavation site was provided by the applicant's engineer. The plan identifies the existing and proposed contours for the site, proposed drainage patterns, and locations for silt fence and hay bale check dams for erosion control purposes. The City will conduct regular inspections of the site to ensure that all NPDES General Permit requirements are being met. The wetlands on the site have been delineated and are shown on the grading plan submitted by the applicant. Wetlands will not be affected by the excavation or grading. P26 The grading plan and conditional use penult has been submitted to the Rice Creek Watershed District (RCWD) for their review and approval. A conditional use permit may be issued if all the criteria have been met as defined in the resolution of this report. Section 3, Subdivision 11 of the zoning ordinance for Earth Moving and Land Reclamation provides a list of conditions as a prerequisite that the City may use for granting a permit. Those conditions that the City may deem necessary are as follows: 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. The site is fenced and occupied by the facilities' staff. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. There will be no pits and excavation shall be staged to prevent large banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. Again, no open pits are proposed for this project /site. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. There is not excavation below the surrounding grade, and the potential development of the site will not be diminished. 5. Limit any fill material to clean fill, defined as rock, sand; gravel, clay, or other like and similar non - decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. All fill used on the site will be inspected to determine that it meets city standards. 6. Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. All construction will be done on suitable fill materials. 7. Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. The submitted plans show the existing and proposed grade elevations as well as drainage directions. 8. Specify a time when the excavation or land reclamation project shall be completed. The project is proposed to be completed within a 3 week period (weather permitting) after approval by the City Council. P27 9. Place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within sixty (60) days of completion, or in a time period consistent with the City's storm water management and pollution prevention plan. This will be a condition of approval for the request. 10. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. A Site Performance Agreement shall be required to outline financial securities and an appropriate escrow deposit to cover inspections. 11. Implement the tree preservation plan. There is no tree preservation plan for the site as there are not significant trees within the grading area. 12. In addition to a conditional use permit, the City Engineer may determine that permits in excess of twenty -five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one - quarter (1 /4) mile. The proposed removal will not exceed 25,000 cubic yards and therefore a • neighborhood meeting is unnecessary. 13. Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. A Site Performance Agreement shall be required to outline fmancial securities and an appropriate escrow deposit to cover inspections. 14. Other conditions deemed appropriate to the application by the permitting authority. Any other conditions appropriate for this request will be added to the approval of the conditional use permit. The City has sent a public hearing notice to surrounding home owners to inform them of the S proposed Conditional Use Permit, but due to the timelines the applicant is facing, the public hearing will need to be held at the City Council on July 23, 2012. The mailed notice indicated both the City Council and Planning and Zoning Board meetings so that neighbors may attend either or both. Staff recommends that the Planning and Zoning Board allow public comment even without the official public hearing. P28 The Site Performance Agreement outlines the requirements of the project and establishes financial security requirements for the project. RECOlVIlVIENDATION Staff and the Planning and Zoning Board recommend approval of the Conditional Use Permit with the conditions included in Resolution Number 12 -68. ATTACHMENTS 1. Resolution Number 12 -68, Conditional Use Permit 2. Resolution Number 12 -69, Site Perfoi inance Agreement • • • • P29 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 12 -68 RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW GRADING AND EARTH REMOVAL AT 6221 HOLLY DRIVE, ENCOMPASS DIGITAL MEDIA WHEREAS, Encompass Digital Media has submitted a request to the City to grant a conditional use permit to allow earth material storage at 6221 Holly Drive. WHEREAS, the legal description of the property is: THE NVV1 /4 OF SEC 33 TVVP 31 RGE 22, EX S 110 FT OF E 254 FT OF SE1 /4 OF SD 1/4, ALSO EX THAT PRT OF E1/2 OF SD 1/4 DESC AS FOL: BEG AT INTER OF C/L OF HOLLY DR WITH A BRANCH OF CO DITCH NO 25, SD INTER BEING ON E LINE OF SD 1/4, TH NWLY ALG SD DITCH 700 FT +OR- TO INTER/W ANOTHER DITCH RUN IN NLY DIRECTION, TH NELY ALG SD DITCH 918 FT +OR- TO SD E • LINE TH SLY ALG SD E LINE 907 FT +OR- TO POB, ALSOEX NW1 /4 OF SD NW1 /4, ALSO EX THAT PRT OF NE1 /4 OF SD NW1 /4 DESC AS FOL: BEG AT NW COR THEREOF, TH S 89 DEG 52 MIN 21 SEC E, ASSD BRG, ALG N LINE OF SD 1/4 1/4 450 FT, TH S 15 DEG 58 MIN 24 SEC W 1008 .32 FT, TH N 89 DEG 52 MIN 21 SEC W 160 FT TO W LINE OF SD 1/4 1/4, TH N 0 DEG 44 MIN 23 SEC W ALG SD W LINE 970.11 FT TO POB, ALSO EX THAT PRT OF SW1 /4 OF SD NW1 /4 DESC AS FOL: BEG AT NW COR OF SD1/ 4 1/4, TH S 89 DEG 57 MIN 28 SEC E, ASSD BRG, ALG N LINE OF SD SVV1 /4 OF NW1 /4 1304.74 FT TO NE COR OF SD SW1 /4 OF NW1/4 TH S 25 DEG 18 MIN 53 SEC W 387.05 FT, TH N 22 DEG 0 MIN 26 SEC W 377.62 FTTO S D N LINE, TH N 89 DEG 57 MIN 28 SEC W ALG SD N LINE 332.74 FT, TH S 64 DEG 53 MIN 35 SEC W 729.37 FT TO W LINE OF SD SW1 /4 OF NW1 /4, TH N 0 DEG 50 MIN 22 SEC W ALG SD W LINE 310 FT TO POB, TOG/WN 50 FT OF NE1 /4 OF SW1 /4 OF SD SEC, EX E 254 FT THEREOF, EX RD, SUBJ TO EASE OF REC WHEREAS, the City's review is based on the plans received June 28, 2012. WHEREAS, the Planning and Zoning Board met on July 11, 2012 and recommended approval with a 6 -0 vote, and WHEREAS, the City Council held a public hearing on July 23, 2012, and P30 WHEREAS the City Council of the City of Lino Lakes deems the following finding of facts: A. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including. The excavation activity is consistent since it does not adversely affect the existing or proposed uses of the site. It is a temporary activity that will create more developable area on the site. B. The proposed development application is compatible with present and future land uses of the area. The site is already developed with a satellite farm and the removal of the earth berm will allow the potential for further development of the site C. The proposed development application conforms to performance standards herein and other applicable City Codes. Adoption of the recommended requirements as outlined in the resolution will solidify conformance to all standards and codes. D Traffic generated by a proposed development application is within the capabilities of the City. All traffic will be temporary and hauling will be governed by the Site Performance Agreement. E. The proposed development shall be served with adequate and safe water supply. Not applicable to this grading activity. F The proposed development shall be served with an adequate and safe sanitary sewer system. Not applicable to this grading activity. G. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City improvements will be required for this grading activity, and the Site Performance Agreement includes conditions that will assure no premature expenditures of funds will be caused by the project. • • • P31 H. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Monitoring of the activity by the City will ensure this work will not become detrimental. !. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. City staff and the appropriate agencies have reviewed the site to confirm no deterioration of the site will occur. WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by section 3 Subdivision 11 of the Lino Lakes Zoning Ordinance. 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non - decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. 6. Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. 7 Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. 8. Specify a time when the excavation or land reclamation project shall be completed. Place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within sixty (60) days of completion, or in a time period consistent with the City's storm water management and pollution prevention plan. P32 10. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 11. Implement the tree preservation plan. 12. In addition to a conditional use permit, the City Engineer may determine that permits in excess of twenty -five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one - quarter (1/4) mile. 13. Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 14. Other conditions deemed appropriate to the application by the permitting authority. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves a conditional use permit to allow grading and earth removal at 6221 Holly Drive. BE IT FURTHER RESOLVED THAT the following conditions apply: 1. The site grading plan must be signed by a licensed Civil Engineer within the state of Minnesota. 2. All material hauling activity will be restricted to south on Holly Drive and either east or west on County Road J. Truck traffic may not travel north Holly Drive. 3. The applicant will be responsible for submitting to the City a fee of $15,000 for the future replacement of Holly Drive. 4. A rock construction entrance shall be maintained at all times. 5. Street sweeping on Holly Drive shall occur as necessary. 6. All construction activity shall be limited to the hours set as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed • • • 7 Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the conditions of approval are being met. 8. Post a form of security to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 9. Permits from the Rice Creek Watershed District, if required, must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 10. AU excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by September 1, 2012. 11. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 12. Applicant must place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within 7 days of grading operation inactivity. This review is based on the following plans and information: 1. Site Map, Received June 29, 2012 2. Erosion Control Map, Received June 29, 2012 Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23rd day of July, 2012. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. P33 P34 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 12 -69 RESOLUTION AUTHORIZING EXECUTION OF A SITE PERFORMANCE AGREEMTN WITH ENCOMPASS DIGITAL MEDIA TO ALLOW GRADING AND EARTH REMOVAL AT 6221 HOLLY DRIVE. WHEREAS, Encompass Digital Media at 6221 Holly Drive wishes to remove an earthen berm from the south side of their property, and; WHEREAS, a Conditional Use Permit was approved by the City Council with Resolution Number 12 -68, on July 23, 2012. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby authorizes execution of a Site Improvement Performance Agreement (ATTACHMENT A). Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2012. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • ATTACHMENT A TO FOLLOW • • P35 a • • STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 6D Paul Bengtson July 23, 2012 Zoning Ordinance Text Amendment — Industrial Zoning Districts i. Second Reading: Ordinance Number 07 -12 ii. Resolution Number 12 -66, Summary for Publication VOTE REQUIRED: 3/5 (Roll Call for Ordinance) INTRODUCTION The City Council engaged the planning consulting firm Landform to complete a review of the existing Industrial Zoning Districts within the zoning ordinance and ensure that the standards are consistent with the 2030 Comprehensive Plan and ensure a continued quality of development in the city's industrial districts. SCHEDULE OF ACTIONS: P &Z BOARD / EDAC DISCUSSION PLANNING & ZONING BOARD (PUBLIC HEARING) CITY COUNCIL WORK SESSION CITY COUNCIL FIRST READING CITY COUNCIL SECOND READING ACTION DEADLINE APRIL 16, 2012 JUNE 13, 2012 JULY 2, 2012 JULY 9, 2012 JULY 23, 2012 STAFF NITA'I'ED BACKGROUND The City Council voted unanimously to approve the first reading of the draft ordinance language at the July 9, 2012 meeting. The language is unchanged from that seen on July 9, 2012. The memorandum from Kendra Lindahl, of Landform is attached at the end of this report. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the ordinance language. ATTACHMENTS 1. Ordinance Number 07 -12 2. Resolution Number 12 -66 3. Memorandum from Kendra Lindahl, Landform P36 P37 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 7 -12 AN ORDINANCE AMENDING SECTION 8 OF THE ZONING ORDINANCE TO REVISE INDUSTRIAL ZONING DISTRICT STANDARDS IN ACCORDANCE WITH THE 2030 COMPRHENSIVE PLAN Section 1 Findings Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official City Comprehensive Plan. The purpose of this amendment is to ensure that the industrial standards of the city are consistent with the 2030 Comprehensive Plan, the city's vision goals and policies, and are appropriate for each type of use. 2. The proposed use is or will be compatible with present and future land uses of the area. The changes contained within this amendment will increase the compatibility between present and future land uses. 3. The proposed use conforms to all performance standards contained herein. This ordinance will reflect the goals of the comprehensive plan and will establish performance standards for industrial development within the city. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed amendment is based on the 2030 comprehensive plan which appropriately considers service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed amendment will not affect traffic generation, as the properties it will be applied on are already guided by the comprehensive plan for industrial development. The Lino Lakes Planning & Zoning Board held a public hearing on the amendment on June 13, 2012, and unanimously recommended approval of the amendment. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 8 of the Zoning Ordinance be amended per attachment A of this ordinance. Section 3 Zoning Ordinance and City Code Stand as Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. • • Section 4 in Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this th day of 2012. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • P38 P39 ATTACHMENT A SECTION 8. INDUSTRIAL DISTRICTS Subd. 1. LI, Light Industrial District. A. Purpose. These areas are intended to attract and encourage new light industrial, high -tech business and professional services. These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. LI uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. No new land shall be zoned LI, Light Industrial unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. B. Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. One (1) acre. b. Unsewered Lot. Ten (10) acres in accordance with applicable • provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Width. One hundred (100) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal and Accessory Building - Local Street. Thirty (30) feet. 2) Principal and Accessory Building - Collector or Arterial Street. Fifty (50) feet. 3) Parking Lot. Fifteen (15) feet. b. Rear Yard. 1) Principal Building. Fifteen (15) feet. 2) Accessory Building. Ten (10) feet. • • • • 3) Parking Lot. Five (5) feet. c. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot. Five (5) feet. d. From property guided by the comprehensive plan for residential develoomentResibcntial District. Seventy -five (75) feet. Bctwc..n Principal Building Not less than ono half (1!2) the sum of tho building hoights of to two (2) buildings. C. Buffer. Where a side or rear lot line in an LI District coincides with an adjacent Dublic road right -of -way or property guided by the comprehensive Dian for residential or commercial development. a landscape buffer area shall be provided along such side or rear lot line not less than forty (40) feet in depth and shall contain landscaping, planting, berminq or other effective screening suitable to Drovide an effective screen in compliance with Section 3. Subd. 4.0.6 of this Ordinance. D. Maximum Building Height Regulations. r allowed by Section 3, Subd. 4.0. Forty -five (45) feet in height. except as 1;,E. Maximum Impervious Surface Coverage. In no ovent :hall off stroot parking eSeventy -five (875) percent of the lot area resulting in ices than fifttoi (15) €F. Building Requirements. Ali newly constructed industrial buildings shall meet the exterior building standards of Section 43, Subd. 4.B.4 of this Ordinance. F. Buffer. Whcre a side or rear lot line in an LI District coincidcs with an adjacent arca shall be providod along such sido or roar lot line not lees than forty (10) foot f recning ouitabic to providc an offoctivo o✓recn. G. Permitted Uses. Subject to applicable provisions of this Ordinance, the following are permitted uses ifn the LI District, no building or land shall hereafter be crocted, or structurally altered 'except for one or MOM of the following uses. Lino Lakes Zoning Ordinance 8 -2 Industrial Districts P40 P41 1 Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. 2. Building material sales. Carpet and rug cleaning. 3. 4. Community gardens operated by the city. 4-5. Construction - related businesses, including sShops and offices for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, ate-- general contracting and similar uses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. -. Feed and seed sales. 8.7. Greenhouses, nurseries. 7-8. Laundry, dry cleaning or dying plant. vibration, smoke, odors, heat, or glare, c occupants. ., disturbing to adjacent property 8-9. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, enoxious products, by- products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. €samples of such uses a. Fabrication or assembly of email products such as optical, a. 10. Mass transit terminals. 3-11. Office business — clinic and generalos. - _ _ - • -- _ Lino Lakes Zoning Ordinance 8 -3 industrial Districts P42 =4H12. Radio and television stations. -1-1,13. Recreational business contained entirely within the principal building. 14. Research laboratories 12. /lass transit terminals. 15. Trade or Business schools. 13. 1- e.1S. Warehousing and distribution facilities, but not including truck freight trucking terminal or mini self- storage facilities per Section 1, Subd. 2.B of this Ordinance. 'T1 7. Wholesale businesses /showroomsWholucale businesses and offload. 16. Qomm-unity Cardan3 operated by the city. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the LI District: 1. Accessory buildings and structures as regulated by Section 3, Subd. 4.D.g 10 of this Ordinance. 2 Accessory indoor retail, rental or service activities other than that allowed as a permitted or conditional use within the Light Industrial zoning district, Provided such use is related and accessory to a principle use allowed within the Liaht Industrial zoning district. 23. Fences as regulated by Section 3, Subd. 4.R of this Ordinance. -a-4. Off- street loading as regulated by Section 3, Subd. 6. of this Ordinance. 4,5. Off- street parking as regulated by Section 3, Subd. 5. of this Ordinance. -6. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or Tess in diameter, short -wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 14 of this Ordinance. Signs as regulated by the city sign ordinance, Ord. No. 12 07. as a- -Rded- Chapter 1010 of the City Code. Lino Lakes Zoning Ordinance industrial Districts 8 -4 P43 = B. Brewer taprooms accessory to a malt liquor beverage production and bottling facility. &-9. Liquor sales, on sale through brewer taprooms and off sale pursuant to Minnesota Statutes section 340A.301, subdivision 7(b), all accessory to a malt liquor beverage production and bottling facility. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LI District. These uses require a conditional use permit based on criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. groE-,s floor arca of the principal building. Automobile and truck repair provided that: and cite shall not bo so dissimilar to the existing buildings or area b. All building materials and construction including those of acoescory - in conformance with Section 3, Subd. 1.D. of this Ordinance. Aue AN. The entire arca other than occupied by buildings or structures or planting shall be curfaoed with bituminous or concrete which will control dust and drainage. The entire area shall have a perimeter approval of the City Engineer. following: Lino Lakes Zoning Ordinance 8 -5 Industrial Districts • • • A — the principal building. The trash enclosure must be fully screened from view of adjacent properties. a. f. All painting must be conducted in an approved paint booth per Section 3, Subd. H. Vie State of Minnesota Pollution Centro r?PC 1 15, as amended. Standards, Minnesota Regulation g. The emission of odor by a use shall be in compliance with and -regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC, as amended. b. h. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. c. .. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. Off -trcct parking shall be i-n conformance with Section 3, Subd. 5. of this Ordinance and a loading ?rca or berth shall be provided in ccrtformanco -w h-- Section 3, Subd. 6. of this Ordin.anoe. All conditions pertaining to 3 specific sits. arc subject to chon o r finds that the gcnoraa welfare and pub-4c betterment can bo served by modifying the conditions. 3. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty -five (45) feet in height and less than two hundred (200) feet in height as regulated by Section 3, Subd. 4-14 of this Ordinance. Commercial Kennels. provided that: Lino Lakes Zoning Ordinance 8 -6 industrial Districts P44 P45 a. The applicable provisions of Chapter 503 are determined to be satisfied. b. Cages. enclosures and housing facilities shall be at least five hundred (500) feet from any residential property line. c. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be enclosed by an eight (8) foot high solid fence. d. All animals shall be housed indoors for overnight boarding. 4. Mini self- storage facilities provided that: a. No single building shall be greater than one hundred fifty (150) feet in length. b. If an "on- premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple family dwelling units of the Minnesota State Building Code. c. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the mini self- storage facility. Motor fuel stations provided that: o. Motor Fuel Facilities. Motor fuel facilities cl -all be installed in ✓pace shall be provided to access fuel pumps and allow tanks are to bo positioned to allow adequate 3000S5 by motor fuel transports and unloading operations which do not conflict with be installed on pump islands. b. Architectural Standards. _ IN Lino Lakes Zoning Ordinance 8 -7 industrial Districts • • • compatible with each other and the existing buildings in tho neighborhood setting. ^,I€ sides of the principal and accessory structures arc to have essentially the same or a 000rdinat -d harmonious finish treatment pursuant to Section 3, Subd. 4.B of this Ordinance. Exterior wall troatmonts liko b'ricl;, stone (natural or artificial), d000rativc concrotc block and stucco shall be usod. 6) in soil, vegetation, etc., bla,k, dray, a,, f a n , -bn ige, brick -red, coft e-c , ✓ ft b e, or white_ such colors are limitod to brown, Ton (10) -porcont of the building facade may contain not de.fin d os earth torsos. The canopy may have. contrasting color bands or accent linos not to oxceod an not be illuminated. c. Canopy. A protective canopy structure. may be Iocstod over the pump island(s), as an accessory structuro. The canopy shall moet 1) The t.dge of the canopy shall be thirty (3) foot or more from 2) The canopy shall not exceed eighteen (18) foot in hoight and must provide fourteen (14) foot of clearance to aocommodate c semi tailor truck passing undernooth. 3) The, canopy fascia shat€ not exceed three (3) foot in vertical height, 4) Canopy lighting shall consist of canister spotlights rccossed J cxtond below the ceiling of tho canopy. Total canopy illumination may not exceed one hundred fifteen (11-5) foot candles b::low the. canopy at ground level Lino Lakes Zoning Ordinance 8 -8 Industrial Districts P46 P47 6) Signage may be allowed on a detached canopy in lien of wall cignagc on the principal structure, provided that: L} The individual canopy sign does not exceed more a public right of way. operation of the as pumps. Pump Islands. 1 } Pump islands shad comply with the following Pump islands shall be elevated six (6) inches above the traveled surface of the site. 2) All pump islands shall be set at least thirty (30) feet back pump islands curb face must be at least twenty four (21) feat. Duct Control and Drainage.. The entire site other than taken up by drainage shall be subject to approval of the City Engineer. include the following: 1) A minimum of four hundr d (4 00) cubic feet of permanent 2) A minimum pool depth of four (4) feet. 3) minimum oil containment capaeity of eight hundred (800) gallons. �) Minimum maintenance /inspection of two (2) times per year M PC? . Lino Lakes Zoning Ordinance 8 -9 Industrial Districts • • g. Landscaping. At bast twont fives (25) peroerit of the lot, par col or tract of streets or residential proporty. shall be required: a) Prom silo and rcer property Tinos, ar, aroa of not loss than five (5) foot wide snail bo landscapod in Ordinanco. 'o) From 311 road rig-hts of way, an afoa of not less than fiftoen (15) foet wide shall be landcoaped in compiianco with Section 3, Subd. ^.Q of this Ordinance. c) WheFe lots abut residentially zonod proporty, a buffer d) Tho property ownor be rooponsiblo for boulov3rd. Exterior Lighting. Tho lighting shall bo accorn- piishod in such a way fesidential use or from the public right of way and shall bo in compiianco with Section 3, Subd. 1.F of this Ordinance. A cornprohonsive lighting plan shall bo submitted as part of tho 1) Canopy Lighting. Canopy lighting shall only be porrnittA fixturo may extond boiow the soiling of the canopy. Total Lino Lakes Zoning Ordinance 8 -10 Industrial Districts P48 P49 2) Perimeter Lighting. Lighting at the periphery of tho site and building shall be directed downward, and individual lights 3) Illumination. Maximum site illumination shag not exceed with an adjoining residential property or any public property. Access. Vehicular occcsc points s all orcato a minimum of h. Circulation and Loading. The site design must accommodate truck. Designated loading areas must be exclusive of off street illustrate adquate turning radius, using appropriate engineering templates. Parking. use(s) and the srguaaro footage cf the p incipal building(s). 2) Parking spaces shall be screened from abutting residential properties in compliance with Section 3, Subd. 1.0 of this line. Play of music or advertisement from the public address shall be allowed, cx opt as follows: Lino Lakes Zoning Ordinance 8 -11 industrial Districts P50 2` Propane cabs of twonty (20) pound capacity tanks moy bo located outsido provided the propane tanks arc ccurgd in a locker and moots all State Uniform Building and Fire Code:- Largo, bul tel: propane tanks must meet all applicable 3) A comprescod air service arca may be loca4d on site as long as it does not interrupt on sit- 4) Outside sees, sales, and equipment rental accessory to percent of the gross floor area of the principal building. 1. Litter Control. The operation slnll bo responsible for litter control an the subject property, which is to occur on a daily basis e receptacles shall bo provided at a convenient location on site to facilitate fitter control. are subject to change when the Council, Upon investigation in betterment can be served as well or better by modifying or 5. 5. Open and outdoor storage (not outdoor sales Tots) as an accessory use provided that: a. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right -of -way. b. a—The storage area is landscaped and screened from view of neighboring adiacent uses, residential zoning districts,_ and public rights -of -way via a fence and greenbelt planting strip, in accordance with - Section 3, Subd. 4.0.6 of this Ordinance. c. The entire storage area is fenced and secured in an appropriate manner. b. Storage area is fenced in 3 manner approved by the City. d. e—The Storage area is blacktopped or concrete surfaced;_ unless an alternative wear - resistant material is determined by the City Engineer Lino Lakes Zoning Ordinance industrial Districts 8 -12 P51 to be suitable to control dust and drainage and is specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.F of thi3 Ordinance or other lighting standards in place at the time of project approval. e. e,--The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yards. f. The property shall not abut property zoned for residential, rural, or comer to corner. ._ SI AK f. g —The property shall not abut 1-35W or I -35E. h. The storage arca shall not abut a school or a public park. )1 • Aft la M. q. i—The ratio of storage area to building footprint shall not exceed -g2.5:1. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. i. Storage shall not include material considered hazardous under Federal or State Environmental Law. Veterinary Hospitals provided that: a. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. b. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. c. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: 1) The number of animals boarded shall not exceed forty (40). Lino Lakes Zoning Ordinance Industrial Districts 5 -13 • • • 2) An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be limited to a maximum of twenty -five (25) percent of the gross floor area of the principal use. 3) A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. 4) A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 5) indoor animal kennel floors and walls shall be made of non- porous materials or sealed concrete to make it non - porous. 6) Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. The appropriate license is obtained from the City and the conditions of Chapter 503 relating to the keeping of animals are satisfactorily met. e. All State Health Department and Minnesota Poliution Control Agency requirements for such facilities are met. J_ Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 14 of this Ordinance. 2. Telecommunication towers as regulated by Section 3, Subd. 15 14 of this Ordinance. 3. Temporary mobile towers as regulated by Section 3, Subd. -1-5-14 of this Ordinance. Lino Lakes Zoning Ordinance industrial Districts 8 -14 P52 P53 4. Open Air Markets. 5. Transient Merchants. 6. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of Section 3, Subd. 15 are met. K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the LI District and are governed by Section 2, Subd. 3 of this Ordinance: 1. Op3n and outdoor ctoragc as a principal or accessory use provided that: a. A minimum setback of seventy five (75) feet is provided along abutting residentially zoned properties. b. The setback shall include a buffer yard not less than twenty (20) feat in width provided along residentially zoned properties in e. All storage is screened from view of neighboring uses and public - -- •_IL e IA d. The storage area does not take up parking space or loading space ac required for conformity to this Ordinance. g. J Ordinances^. The storage area is fenced and cecur,.d in an appropriate manner. The storage area is surfaced in a wear resistant material h. All parking, loading and truck staging activities shall occur on site. Noiscs emanating from the use are in compliance with and Minnesota Regulations MPC 7030, as amended and City Code. Lino Lakes Zoning Ordinance 8 -15 Industrial Districts • • j. The use is terminate: upon a sp cifibd date or the happcning of an 1 2. Temporary Batch Plants. Lino Lakes Zoning Ordinance Industrial Districts 8 -16 P54 P55 Subd. 2. GI, General Industrial District. A. Purpose. These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. No new land shall be zoned GI, General Industrial unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. B. District, Lot and Yard Requirements. 1. Minimum Lot Size. a. Sewered Lot. One (1) acre. b. Unsewered Lot. Ten (10) acres in accordance with applicable provisions of Section 3, Subd. 2. of this Ordinance. 2. Minimum Lot Width. One hundred (100) feet. 3. Setbacks. (The greater of the following:) a. From Streets. 1) Principal and Accessory Building - Local Street. Fifty (50) feet. 2) Principal and Accessory Building - Collector or Arterial Street. Fifty (50) feet. 3) Parking Lot. Fifteen (15) feet. b. Rear Yard. 1) Principal Building. Fifteen (15) feet. 2) Accessory Building. Ten (10) feet. 3) Parking Lot. Five (5) feet. c. Side Yard. 1) Principal Building. Ten (10) feet. 2) Accessory Building. Ten (10) feet. Lino Lakes Zoning Ordinance Industrial Districts 8 -17 • 3) Parking Lot. Ten (10) feet. d. From property guided by the comprehensive plan for residential developmentResidential District. One hundred (100) feet. an ♦ AZ C. Buffer. Where a side or rear lot line in a GI District coincides with an adjacent public road right -of -way or property guided by the comprehensive plan for residential or commercial development, a landscape buffer area shall be provided along such side or rear lot line not less than forty (40) feet in depth and shall contain landscaping, planting. berminq or other effective screening suitable to provide an effective visual screen in compliance with Section 3. Subd. 4.Q.6 of this Ordinance. D. Maximum Building Height Regulations. No building in tho GI District shall be Forty -five (45) feet in height, except as allowed by Section 3, Subd. 4.C. E. Maximum Impervious Surface Coverage. In no event shall off street parking °Seventy -five (8575) percent of the lot area reculttinr n 'eoc than fiftGun (15) percent pervious land: cap.d area. E. Buffer. Where a lido or rear lot line in a GI District coincides with an adjacent arco shop be provided along such side or roar lot line not less than fo y (10) foot F. Building Requirements. All newly constructed industrial buildings shall meet the exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance. G. Permitted Uses. Subject to applicable provisions of this Ordinance. the following are permitted uses. ikn the GI District:, no building or land shall be used and nc building shall bo erected, converted, or structurally altered unless Lino Lakes Zoning Ordinance 8 -18 industrial Districts P56 P57 1. Beverage production and bottling, including public tours of the facilities and gift shops containing merchandise directly related to the facility. 2. 2. Building material sales. 3. Commercial (production) bakery. 4. Community gardens operated by the city. 5. 6. Construction - related businesses, including s &hops and offices for contractors including plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, electrical, carpentry, welding, landscaping, excavating, and- general contracting and similar uses, including contractor storage of equipment and building materials if enclosed within a building, but not storage yards. /1. Feed and seed sales. 7. 5. Greenhouses, nurseries. 8. 6. Laundry, dry cleaning or dying plant. 7 Machine shops and metal products manufacturing when not create noise, vibration, smoke, odors, heat, or glare., etc., disturbing to adjacent property occupants. 9. 8. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, a# noxious products, by- products, or wastes, or creates other objectionable impact on the environment, including the generation of large volumes of traffic. Examples of such uses are: pharmaceutical, medical supplies, and equipment. b. Printing and publishing. 10. Mass transit terminals. 11. 9. Profeesional officesOffice business — clinic and general. Lino Lakes Zoning Ordinance 8 -19 industrial Districts P58 12. 10. Radio and television stations. 11. Mass transit terminals. 13. 12. Warehousing and distribution facilities_ but not including truck freight transfer stations or mini self- storage facilities per Section 1, Subd. 14. 13. Wholesale businesses /showroomsWholesale businosscs and offices. 11. Community Gads H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are accessory uses in the GI District: 1. Accessory buildings and structures as regulated by Section 3, Subd. 4.D.g 10 of this Ordinance. 2. Accessory indoor retail, rental or service activities other than that allowed as a permitted or conditional use within the General Industrial zoning district, provided such use is related and accessory to an allowed principal use in the district. 3. Crude oil, gasoline or other liquid storage tanks (not including bulk propane at motor fuel stations for providing service to the general public) where related and accessory to an allowed principal use in the district. .:4. Fences as regulated by Section 3, Subd. 4.R of this Ordinance. 5. Off - street loading as regulated by Section 3, Subd. 6. of this Ordinance. -6. Off - street parking as regulated by Section 3, Subd. 5. of this Ordinance. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 14 of this Ordinance. 3. Signs as regulated by the city sign ordinancc, Ord. No. 12 97, as amp.. -mod- ,Chapter 1010 of the City Code. Lino Lakes Zoning Ordinance industrial Districts 8 -20 P59 0. Brewer taprooms accessory to a malt liquor beverage production and bottling facility. "--10. Liquor sales, on sale through brewer taprooms and off sale pursuant to Minnesota Statutes section 340A.301, subdivision 7(b), all accessory to a malt liquor beverage production and bottling facility. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the GI District—. These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 1. Acccs ''ory, indoor retail, rental, or scrvicc activity other than that allowed allowod within the Ll District. AL 2. Automobile and truck repair provided that: influence within a reasonable distance of the lot. b. All building materials and construction including those of accessory c. Not leas than twenty five (25) percent of the lot, parcel or tract of approved landscape plan. d. The entire area other than occupied by buildings or structures or urfaccd with bituminous or concrete which will control dust and drainage. The entire area shall have pQ ° ter following: Lino Lakes Zoning Ordinance 5-21 industrial Districts • • 1) Exterior wall treatment shall be similar and/or complement 2) The enclosed trash r3ceptacle arca shall be locat _d in the rear or in a side yard which is not abutting a st eot. 3) The trash enclosure must be in an accessible location for pick up hauling vehir~les. a_f All painting must be conducted in an approved paint booth per Section 3, Subd. H. APO 1 15, as amended. g. The emission of odor by ucc shall be in compliance with and r_� Minnesota Regulations APO, as amended. b. h. All flammable materials, including liquids and rags, shall conform w+thito the applicable provisions of the Minnesota Uniform Fire Code. c. —AII outside storage shall be prohibited except the storage of customer vehicles waiting for repair. The storage of damaged f— street .parking shaIl be in c -fosmance- with Section 3, Subd. 5. of this Ordinance and a loading area or berth shall be provided in a. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a form request, 2. 3. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty -five (45) feet in height and Tess than two hundred (200) feet in height as regulated by Section 3, Subd. 15 of this Ordinance. Lino Lakes Zoning Ordinance 8 -22 Industrial Districts P60 P61 3. �. Concrete product plants, building materials production and similar uses provided that: satisfactorily met. be installed. a. e— Storage areas are landscaped, fenced and screened from view of neighboring uses, properties guided by the comprehensive plan for residential or commercial development. abutting residential zoning districts and public rights -of -way in compliance with Section 3, Subd. 4.S --Q.6 of this Ordinance. d. Vehicular access points shall create a minimum of conflict with City Engineer. e. Provisions shall be made to control and minimize noise, air and water pollution. • O. • general public) provided that: a. All applicable Minnesota Pollutio Control Agency requircm nts arc satisfactorily met. b. A drainage system subject to the approval of the City Engineer shall be installed. neighboring uses, abutting residential zoning districts and public Lino Lakes Zoning Ordinance 8 -23 Industrial Districts • • • City Engineer. the front yard or side yard abutting public rights of way. ar &a. Storage of any kind is prohibited in said open a-rca, except be set back ten (10) feet from any storage tank. _ G in tho Firo Code, Sam ,d on tank size. h. Storage tanks shall not interfere with site circulation, including but not limited to, parking, driveway, curb cuts and leading area. i. A wire weave /chain link security fence shall be required around all storage tanks. The location of said fence shall bo as per tho Storage sites shall be accessible Jay scrvico and ornk.'goncy vehicles. locking devices. A warning sign shall be required for every.tanl{ and shell bo plaood in a conspicuous location, directly on the tank indicating a s- upplier'o name, address, phone number, that highly flammable and dangerous material is stored therein, and that no smoking be used for advertising purposes. m. Provisions are made to control and minimize noise, air and water pollution. • Lino Lakes Zoning Ordinance 8 -24 industrial Districts P62 P63 finds that the general welfare_ or public bettor er1t can be served as fb 4. Commercial Kennels, provided that: a. The applicable provisions of Chapter 503 are determined to be satisfied. b. Cages, enclosures and housing facilities shall be at least five hundred (500) feet from any residential property line. c. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be enclosed by an eight (8) foot high solid fence. d. All animals shall be housed indoors for overnight boarding. 5. 6. Manufacture of materials, including but not limited to, rubber, corrosive acids, petroleum and chemical products, which pose potential health and safety risks and which when produced give off potentially noxious odors, provided that: satisfactorily met. b. A drainage system subject to the approval of the e-ity Engineer shall be installed. rights of way in c mpliance with Section 3, Subd. d. Vehicular access points shall create a minimum of conflict with City Engineer. c. Provisions are made to control and minimize not -e, air and water f. Exterior liquid storage tanks shall comp-ly with the standards of Section 8, Subd. 215 of this Ordinance: Lino Lakes Zoning Ordinance 8 -25 Industrial Districts • 6. 7 Mini self - storage facilities provided that: which is sodded and intcnly landscaped in accordance with a a_e—No single building shall be greater than one hundred fifty (150) feet in length. All driveways and parking areas 3 c to c had (blacktop or concrete) is to be provided to inrurc adequate and safe ac :..so during win ;;R-944t#1-6, r b_i—lf an "on- premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple family dwelling units of the Minnesota State Building Code. righ-thaf-woy- park, or similar public use areas shall be of brick, natural stone, wood, or stucco facing material. Lino Lakes Zoning Ordinance 8 -26 Industrial Districts P64 P65 c_k—No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the self storage, mini warchousingmini self - storage facility. 8. Motor fuel stations provided that: o. Motor Fuel Facilities. Motor fuel facilities shall be installed in space shall be provided to 3ccese fuel pumps and allow maneuverability around the pumps. Underground fuel storage bo installed on pump islands. b. Architectural Standards. ^icva.tio-hc shall be submitted. 2) The architectural app uranco, scalp, and functional plan of compatible with each other and the existing buildings in the finish eatment pursuant to Section 3, Subd. 'LB of this 0 rr i_ in soil, vegetation, etc., such colors arc limited to brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. 6) Tie (10) percent of the building facade may contain Lino Lakes Zoning Ordinance 8 -27 industrial Districts • • accumulative width of four ('i) inches. The color bands shall not bo illuminated. the foilowing porformancc standards: 1) The edge of tho canopy shall be thirty (3J) feet or morn from the front and/or side lot line; provided that adequate, visibility both on situ and off site is maintained. must provide fourtow (1/!) f... ^t of cle,arance to accommodate a semi trailer truck passing :.Endo, heath. height. ;c Canopy lighting -hall Dons ist of canistor spotlights reccssod illumination may not oxcee one hundred fifteen (115) foot a public right of way. SIB gra AM JICAl• op 'ation of the gas pumps. IBM 1 } Pump islands shall bo elovated six (6) inchco abovo tho Lino Lakes Zoning Ordinance 5-28 Industrial Districts P66 P67 2) All pump islands shall be set at least thirty (30) feet back pump islands curb face must be at least twenty four (24) feet. a building, structure, or plantings shall be surfaced with asphalt, Drainage from all fueling areas shat! be directed to an oil /grit icl-udo the fallowing.- 1) A minimum of four hundred (400) cubic feet of permanent 2) A minimum pool depth of four (4) feet. 3) A minimum oil containment capacity of eight hundred (800) gallons. 4) Minimum maintenance /inspection of two (2) times per your and/or after measurable spill ovents. A measurable spill MPCA. f. Landscaping. 1) At !cast twenty five (25) percent of the lot, parcel or tract of land used oxctuoivety for the gas sales facility shall remain as a gra -e plot, including trees, shrubbery, plantings or fencing and shall be landscaped. Required mi imum green area should be emphasized in the front and side yards abutting streets or residential property. 2) At the boundaries of the lot, the following landscape area shall be reg fired: a) From side and rear property linos, an area of not less than five (5) foot wide shati be landscaped in compliance with Section 3, Subd. 4.Q of this Ordinance. .r sint fifteen (15) feet wide shall be Landscaped in Lino Lakes Zoning Ordinance 8 -29 Industrial Districts P68 compliance with Section 3, Subd. 4.0 of this Ordinance. c) Where lots abut reoidentially zoned property, a buffer d) The property owner shall be responsible for maintonanco of all landscaping, including within the boulevard. as to havo no direct ,ource of light visible from adjacent land in residential use or from tho public right of way and shall be. in oomplianoo with Section 3, Subd. 4.F of this Ordinance. A cornprchonsivo lighting plan shall be submitted us part of the conditional use permit application,, and shall be subject to the following performaflcc standards: 1) Canopy Lighting. Campy lighting shall only be permitted roccssed i to the canopy. No portion of the light source or fixture may extend below tho bottom face of the canopy. 2) Pcrimoter Lighting. Lighting at- the -perip-hery of the site and building shall be directed downward, and individual lights shall not cxcoed fifteen (15) foot candles at ground love!. Illumination. Maximum site illumination shall not exc -ecd four tenths (.4) foot candle at ground Icvol whe rneasurod of any boundary line with an adjoining residential propel o-r any public property. 4) Access. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5 of this Ordinance. h. Circulation and Loading. The site design mutt accommodate. odcguate turning radius and vertical clearance for a =omi trailer ■., _ e ending areas must be exclusive of off street baking stalls and drive aisles. A site plan must be provided to Lino Lakes Zoning Ordinance Industrial Districts 8 -30 P69 i. Parking. 2) Parking spaces shall be scrccned from abutting residential Ordi system is prohibited. Noise control shall be requir d as regulated in Public phones may be located on site as long as they do not yard abutting residentially Zoned property. located outside provided the propane. tanks are secured in o Large, bulk sale propane tanks must meet all building and fire code r quirements. '1) Outside services, sales, and equipment rental accessory to the principal use and limited in arca to twenty five (25) 1. Litter Control. The operation shall be responsible for litter control receptacles shall be provided at a convenient locatien —en�ee facilitate litter control. .. A ors .ibject to change whcr, he Council, upon investigation in Lino Lakes Zoning Ordinance 8 -31 Industrial Districts • • • 7 8. Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: a. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right -of -way. e b. The storage area is landscaped and screened from view of neighboring adjacent uses, ro-cidontiaf. zoning districts, and public rights -of -way via a fence and greenbelt planting strip, in accordance withpe-r Section 3, Subd. 4.Q.6 of this Ordinance. Tho storage arca be ccreenou ono hundred (100) percent from residential c. The entire storage area is fenced and secured in an appropriate manner. r.d. The storage area is blacktopped or concrete surfaced, unless an alternative wear - resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council Mb c. Al! lighting shall be in compliance with Section 3, Subd. 4.F of this Ordinance or other lighting standards in place at the time of project approval. •-.e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yards. busineos uce, including land in a neighboring city. "Abutting' includes ocroos a stroot. "Abutting" does not include proprrtios that touch only corner to porner f. The property shall not abut 1-35W or 1 -35E. Lino Lakes Zoning Ordinance 8 -32 Industrial Districts P70 P71 k-q. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. h. Storage shall not include material considered hazardous under Federal or State Environmental Law. 10. Refuse /garbage collccticn transfer stations provided that: a. a—No refuse or garbage shall be stored or in any way disposed of on the site. b. b. The storage of refuse or garbage in the front yard shall be prohibited. c. Vehicle parking and storage areas apc screened from view of neighboring us-es, abutting residential zoning districts and public rights c. e-.—The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis. d. f--One (1) off - street parking space shall be provided for each commercial vehicle operated by the business. Parking requirements will otherwise be as mandated by the provisions of Section 3, Subd. 5. of this Ordinance. e. g. All in bound and out bound trucks and equipment, excluding ememployee's personal vehicles, shall be restricted to designated routes established by the City, except for times when providing collection service to customers within the City limits. 4 —The hours of operation shall be limited as necessary to minimize the effects of nuisance factors such as traffic, noise, and glare upon any existing neighboring residential uses, or residential zoning districts. Lino Lakes Zoning Ordinance Industrial Districts 8 -33 P72 i. Provisions are made to control and minimize noise, air and water pollution. the Council, upon investigation in relation to a forma! request, finds that 9. 11. Trucking terminals provided that: a. Vehicular access points shall be located along arterial streets and shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. A drainage system subject to the approval of the City Engineer Storage areas are landscaped, fa-rood and screened from view of rights of way in compliance with Section 3, Subd. 4.Q. d. Vehicular access points shall create. a minimum of conflict with City Engineer. e. Provisions are made to control and minimize. noise, air and water pollution. f. An conditions pertaining to a specific site am subject to change when the Council, upon investigation in relation to a form.,[ request, wolf or bettor by modifying the conditions. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 1. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 4 -5-14 of this Ordinance. 2. Telecommunication towers as regulated by Section 3, Subd. 15 14 of this Ordinance. 3. Temporary mobile towers as regulated by Section 3, Subd. 15 14 of this Ordinance. Lino Lakes Zoning Ordinance Industrial Districts 8 -34 P73 4. Open Air Markets. 5. Transient Merchants. 6. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of Section 3, Subd. 15 are met. K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim uses in the GI District: 1. Temporary Batch Plants. Lino Lakes Zoning Ordinance Industrial Districts 8 -35 • • • Council Member introduced the following resolution and moved its adoption: P74 CITY OF LINO LAKES RESOLUTION NO. 12 -66 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 07 -12 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 07 -12, amending Section 8 of the Zoning Ordinance regarding Industrial Zoning Districts; and WHEREAS, Ordinance No. 07 -12 is lengthy and MN 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 THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 23rd day of July 2012. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. P75 ATTACHMENT A, RESOLUTION 12 -66 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 07 -12 AN ORDINANCE amending the Industrial Zoning Districts of the Zoning Ordinance The purpose of amending this section of the Zoning Ordinance is to verify that the requirements of the Industrial Zoning Districts are consistent with the 2030 Comprehensive Plan and insure the continued quality of development within the industrial properties of Lino Lakes. The following sections are amended with the adoption of this ordinance. Section 8. Subdivision 1 — Light Industrial Zoning District Section 8. Subdivision 2 — General industrial Zoning District Passed by the Lino Lakes City Council on July 23`d, 2012. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • • • • • Wom Site to `Inisrs P76 D F O R M • • • 105 South Fifth Avenue Tel: 612 -252 -9070 Suite 513 Fax: 612 - 252 -9077 Minneapolis, MN 55401 www.landform.net TO: Michael Grochala, Community Development Director FROM: Kendra Lindahl, Landform DATE: July 3, 2012 for the July 9th City Council Meeting RE: Update to Industrial Zoning District Standards BackGround Landform was asked by the City of Lino Lakes to review the existing Industrial Zoning district standards in Section 8 of the Zoning Ordinance to ensure that the ordinance standards were consistent with the recently adopted 2030 Comprehensive Plan, that allowed uses were consistent with the City vision, goals and policies and that the development standards were appropriate for the different uses. We have reviewed the 2030 Lino Lakes Comprehensive Plan, the Zoning Ordinance dated October 2011 and the Redevelopment Task Force Workbook. Additionally, prior to preparing these recommendations, we met with staff to understand the issues identified previously by the City (staff, Commissioners and Council members) and we spoke with site selectors and developers to better understand how the Zoning Ordinance standards could affect their decision to locate in a community. Summary of July 2, 2012 City Council Work Session At the July 2nd work Session, the City Council questioned why screening would be required between industrial properties. Staff indicated that the recommendation is included because there are many different types of uses allowed in the industrial district and outside storage should be screened from any adjacent landowner. The City Council directed staff to review the draft language to consider changes to allow some discretion for screening between industrial properties. Following the City Council work session, staff reviewed the ordinance language and is recommending that this screening flexibility be provided in the landscape ordinance section (Section 3, Subd. 4 of the Zoning Ordinance). The Industrial District language for outside storage is drafted to read: 1. Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: a. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right -of -way. Landform, SensiblyyGreer, and Site to Finish° are registered service marks of Landfomi Professional Services LLC. P77 • • • b. The storage area is landscaped and screened from view of adjacent uses and public rights -of -way via a fence and greenbelt planting strip, in accordance with Section 3, Subd. 4. Q. 6 of this Ordinance. c. The entire storage area is fenced and secured in an appropriate manner. d. The storage area is blacktopped or concrete surfaced, unless an alternative wear - resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. f. The property shall not abut I -35W or 1 -35E. g. The ratio of storage area to building footprint shall not exceed 2.5 :1. h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. i. Storage shall not include material considered hazardous under Federal or State Environmental Law. The City Council also had some discussion about whether or not to prohibit outside storage adjacent to the interstate, but recommended that the prohibition remain as drafted. Summary of June 13, 2012 P&Z Public Hearing The Planning and Zoning Board held a public hearing on this item on June 13 and voted unanimously to recommend approval with two changes: 1. Modify the draft Manufacturing definition to read as follows: "Manufacturing. An establishment engaged in the indoor manufacturing, assembly, fabrication. packaging or other industrial processing, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products." 2. Modify the Research Laboratories definition to read as follows: "Research Laboratories. A use engaged in research and development, testing, assembly, repair, and manufacturing. Examples include research labs in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing, wholesaling. and distribution of the finished products produced at the site are allowed as part of this use." Revisions to Industrial District Standards (Section 8) 2 July 9, 2012 • • • • • P78 • There was a question at the meeting about why motor fuels stations are no longer allowed in the industrial districts. Staff noted that these types of uses are more retail uses that should be located in commercial zoning districts with convenient road access. Site selectors for those types of businesses are more interested in those retail sites with good access and that frees up industrial land for true industrial uses. There was a question about why the draft language allows outside storage adjacent to residential and continues to prohibit it adjacent to the I- 35E/W. We noted that currently the ordinance prohibits outside storage adjacent to residential and I- 35E/W, but allows it adjacent to residential via an IUP. There are at least two businesses that have outside storage and the city has expressed some desire to allow outside storage for industrial districts to be more business friendly and to bring these existing businesses into compliance. In exchange for more opportunities for outside storage, the City has increased the performance standards, including the setback and screening standards for outside storage. When this issue was discussed at the staff level and at the March 14th workshop, there was a general sense that it was important to preserve the gateway into the City along the interstate and, therefore, outside storage would continue to be prohibited in those areas. After some discussion, the P &Z recommended keeping the language as drafted. Summary of March 14, 2012 Workshop On March 14th joint Planning and Zoning Board /Economic Development Advisory Committee meeting, we presented a summary of proposed changes to the industrial zoning district standards to ensure consistency with the 2030 Comprehensive Plan and ensure a continuation of quality development that meets market demand. At that meeting, there was significant discussion about the proposed change to the outside storage standards. While the majority seemed to be in agreement that this type of use is appropriate in industrial districts, there were a number of concerns about screening and what constitutes effective screening. Furthermore, while there was an acknowledgement of the importance of standards to ensure quality development, there were also comments that the ordinance should not be so restrictive that it discourages quality businesses from locating in Lino Lakes. Consensus was to increase the performance standards in exchange for increased opportunities for outside storage. Many of the concerns related to the standards in the landscape /screening standards in Section 3 of the Zoning Ordinance. Therefore, after the meeting, staff prepared an update to those standards for consideration at the June 13th meeting in a separate action. Additionally, the Commissioners suggested that "Research Laboratories" be defined, so we have prepared a definition for consideration. The Commissioners also suggested that Kennels /Pet hotels be added as a conditional use in the Industrial districts. Therefore, we have added "Commercial Kennels" as a conditional use in both industrial districts subject to the same standards used elsewhere in the City Code. Revisions to Industrial District Standards (Section 8) 3 July 9, 2012 P79 • Summary of Proposed Changes • • • We are recommending a number of revisions to the ordinance based on discussions with City staff and our professional experience writing and implementing ordinances. The proposed changes have been shown as deleted text in etrikcthrough, added text in underline in the attached document. Background • In our initial meeting with City staff we discussed the City's concerns with the existing Industrial zoning districts and begin discussion of potential changes to help the City implement their vision. The following key issues were discussed: • Non- conforming uses in the Industrial districts • The challenges specific to the Light Industrial area on Lake Drive (e.g. non- conformities, proximity to single family residential, lack of municipal sewer and water, zoning that is inconsistent with Comprehensive Plan) • Need to balance property owner rights with the rights of adjacent landowners • Need to analyze the long term goals vs. short term requests • Need to analyze tax impacts for the city as a whole • Importance of Lake Drive as a gateway for the City • Outside storage needs to be clearly addressed, including updated definition of outside storage to address vehicle parking, dumpsters, display areas, etc. It is our understanding that there were some in the City who felt that the existing ordinance may have been overly restrictive and discouraged new businesses from locating in Lino Lakes. Our experience shows that one of the roles of zoning is to protect property rights of existing landowners and businesses by maintaining a standard that ensures quality and maintenance of adjacent properties, which helps to maintain property values. My conversations with site selectors and developers indicate that few buildings are being built on speculation. The only buildings being built are for specific tenants and each tenant has specific locational criteria that will drive site selection more that any zoning standards. The general consensus is that businesses are looking for land as close to the central cities of Minneapolis and St. Paul as possible and those businesses generally will not move out from that core until they can find land that is priced to fit their needs. The supply of industrial land in places like Blaine is diminishing, which will make and in Lino Lakes more appealing. Throughout the metropolitan area, performance standards have been increased and businesses seem to understand this baseline expectation has increased over what might have been acceptable 30 years ago. None of site selectors I spoke to cited Lino Lakes as having an ordinance that was too restrictive, but all noted the importance of flexibility for users. Proposed Revisions One of the significant changes relates to the general format of the Zoning Ordinance. It is our intent to make the Industrial district standards clearer with these updates. However, it should be noted an update to Section 3 (general performance standards) will be required to supplement these updates. The key changes proposed in the LI and GI districts are as follows: Revisions to Industrial District Standards (Section 8) 4 July 9, 2012 • • • • 0 P80 • • Eliminated motor fuel stations as an allowed use in both the LI and GI zoning districts. We believe that these users should be located on commercial property with convenient access. This will free up the remaining Industrial and for true industrial uses. • Added new permitted uses, such as research laboratories and trade /business schools in both LI and GI and food processing in GI. This is reflective of the current economy and is consistent with the intent of these zoning districts. • Made accessory indoor retail, rental or service activities an accessory use rather than a conditional use permit. This provides more flexibility for landowners and eliminates the time - consuming conditional use permit for these accessory and incidental uses. • Eliminated redundant standards for conditional uses. If the standard is addressed in the general performance standards section of the Zoning Ordinance or the Building Code, there is no reason to repeat those standards and, therefore, they have been eliminated. We understand that staff plans a future update of the general performance standards in Section 3 of the Zoning Ordinance as well. • Added Mini - Storage as a conditional use in the LI district (it was already a conditional use in the GI district). This type of use is commonly located in the light industrial zoning districts and would be compatible with other allowed uses. • Added Commercial Kennels as a conditional use in both the LI and GI districts, subject to the same standards used elsewhere in the City Code. • A number of changes were made to outside storage standards (for outside storage as an accessory use). These changes will allow outside storage accessory to the principal use as an option for more properties in the Industrial zoning districts, but will increase the performance standards for outside storage: o Outside storage areas must be completely enclosed in a fenced area and this area must comply with the structure setbacks for the district. There are currently no setback requirements for outside storage areas. o Outside storage may now be allowed adjacent to residential properties, parks, schools, and businesses provided they meet the structure setback, buffering and other performance standards. The only prohibition that remains in place is abutting interstates, and abutting will no longer mean across a right of way. o Setbacks from residential will be based on the land use classification in the 2030 Comprehensive Plan rather than the Zoning Map classification. o The ratio of outside storage area to building footprint has been eliminated in the GI district and reduced from 3.5:1 to 2.5:1 in the LI district. o Outside storage as a principal use had been eliminated from LI district where it was previously allowed as an interim use permit. Definitions In addition to the changes to the Industrial district uses and standards, I would suggest the following new definitions be included in the Ordinance when the City updates Section 1, Subd. 2 (Rules and Definitions) of the Zoning Ordinance: Mass Transit Terminal. The property, equipment and improvements owned, used, constructed, maintained, controlled, or operated to provide mass transportation for passengers or to provide for the movement of people. including park -and -ride stations, transfer stations and parking lots. Revisions to Industrial District Standards (Section 8) 5 July 9, 2012 P81 • • • 3. Manufacturing. An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products. Outside Storage The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building for a period greater than 24 hours. We note that the existing ordinance currently uses the terms "outside storage" and "exterior storage" interchangeably. We recommend that future ordinance updates replace the term "exterior storage" with "outside storage" for consistency and clarity. Research Laboratories. A use engaged in research and development, testing, assembly, repair, and manufacturing. Examples include research Tabs in the following industries: biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as part of this use. Trade or Business Schools. A specialized instructional establishment that provides on -site training of business. commerciaL, and /or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school. Wholesale Businesses /Showrooms. An establishment or place of business primarily engaged in selling and /or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. Zoning Map We recommend that the City update the zoning map to be consistent with the adopted 2030 Future Land Use Map as required by State Statute and to eliminate any confusion about appropriate land uses on properties. However, this item is not required immediately and can be completed in the future. Revisions to industrial District Standards (Section 8) 6 July 9, 2012 • • Recommendation • f P82 • • Move to adopt the proposed revisions to the Industrial Ordinance standards in Section 8 of the Zoning Ordinance. Attachments 1. Ordinance Amending Section 8 Revisions to Industrial District Standards (Section 8) 7 July 9, 2012 • CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Paul Bengtson MEETING DATE: July 23, 2012 TOPIC: Zoning Ordinance Text Amendment — Landscaping Standards i. Second Reading: Ordinance Number 08 -12 ii. Resolution Number 12 -67, Summary for Publication VOTE REQUIRED: 3/5 (Roll Call for Ordinance) INTRODUCTION As a part of the 2030 Comprehensive Plan process the City Council engaged the planning consulting firm Stantec to also complete a thorough review of the landscaping standards included in the Zoning Ordinance to make sure they are consistent with the 2030 Comprehensive Plan and ensure a continued quality of development in the city. SCHEDULE OF ACTIONS: PLANNING & ZONING BOARD (PUBLIC HEARING) CITY COUNCIL WORK SESSION CITY COUNCIL FIRST READING CITY COUNCIL SECOND READING ACTION DEADLINE JUNE 13, 2012 JULY 2, 2012 JULY 9, 2012 JULY 23, 2012 STAFF INITA'I'ED BACKGROUND The City Council voted unanimously to approve the first reading of the draft ordinance language at the July 9, 2012 meeting. The language is unchanged from that seen on July 9, 2012. The landscaping requirements are composed of five distinct standards: Canopy Cover, Foundation Landscaping, Open Area Landscaping, Buffer and Screening, and Boulevard Trees. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the ordinance language. ATTACEPVIENTS 1. Ordinance Number 08 -12 2. Resolution Number 12 -67 P83 P84 1st Reading: 2 "a Reading: Publication: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 8 -12 AN ORDINANCE AMENDING SECTION 3.4.Q OF THE ZONING ORDINANCE TO REVISE LANDSCAPING AND BUFFER STANDARDS IN ACCORDANCE WITH THE 2030 COMPRHENSIVE PLAN Section 1 Findings Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official City Comprehensive Plan. The purpose of this amendment is to implement portions of the newly adopted 2030 comprehensive plan, and to clearly express the landscaping and buffer standards for future developments. 2. The proposed use is or will be compatible with present and future land uses of the area. The changes contained within this amendment will increase the compatibility between present and future land uses as appropriate landscaping and buffering will be provided for. 3. The proposed use conforms to all performance standards contained herein. This ordinance will reflect the goals of the comprehensive plan and will establish performance standards for new developments that occur within the city. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed amendment will make changes to the landscaping and buffering standards for new development and therefore will not have any impact on the public services or service capacity. • • • • 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed amendment will not affect traffic generation, as it is creating performance standards for future development projects. The Lino Lakes Planning & Zoning Board held a public hearing on the amendment on June 13, 2012, and unanimously recommended approval of the amendment. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3.4.Q of the Zoning Ordinance be stricken and replaced with the language included in attachment A of this ordinance. Section 3 Zoning Ordinance and City Code Stand as Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this Jeff Reinert, Mayor to day of 2012. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. P85 P86 ATTACHMENT A Q Landscaping, Screening and Tree Preservation Standards 1. Purpose. To establish landscaping and tree preservation standards to promote high quality site development, compatibility of uses, biodiversity, tree preservation, and to enhance the health, safety and general welfare of the residents of the community. a. Definitions. For the purpose of the Landscaping, Screening and Tree Preservation Standards, the following definitions shall apply: Basic Use Area. Area dedicated to site's use, including buildings, parking, loading, driveways, streets, outbuildings, trash enclosures, utilities, landscaping, and grading necessary for the construction of the above uses. Surface water detention ponds are not part of the basic use area. Biodiversity. The variety, distribution and abundance of living organisms in an ecosystem. Damage. Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay. DBH. Diameter at breast height, typically measured at 4' -6' above the ground. Detention Area. Area of a detention pond from the normal water level and up the side slopes to 10' offset from the high water level. Disturbance. Any construction, development, removals, earth movement, clearing or other similar activity. Drip Line. Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. Foundation Landscape Zone. Within 15' of the building. Invasive Species. A plant non - native to the local ecosystem which exhibits, or has the potential to exhibit, uncontrolled growth and invasion or alteration of the natural functions of any native habitat. Large Shrub. Large shrubs have a mature height over 6'. Large Tree. Over story deciduous trees with a mature height of at least 40'. Medium Shrub. Medium shrubs have a mature height of 3' -6'. Medium Tree. Deciduous trees with a mature height over 18' and up to 39'. Removal. Actual removal or effective removal through actions resulting in the death of a tree. P87 Root Protection Zone. A protected area around an existing tree established by offsetting the drip line 5' away from the tree center. Screen. A barrier that hinders sight and, potentially, access. Small Shrub. Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials, ornamental grasses and groundcovers to fulfill landscape standards. Small Tree. Understory deciduous trees with a mature height of 18' and under. Tree. Any self supporting woody plant, growing up the earth with one trunk of at least 3" dbh, or a multi- stemmed trunk system with a definitely formed crown. Undesirable Tree. Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings. 2. Landscaping Standards. New residential platted subdivisions, mixed use, commercial, institutional and industrial uses shall be subject to the landscaping standards unless specifically excepted. The landscape standards have been divided into five categories: Canopy Cover, Foundation Landscape, Open Areas Landscape, Buffer and Screen, and Boulevard Trees. Projects shall comply with the applicable requirements of all five categories. 3. Canopy Cover Standards. The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Vehicular hardscape areas includes loading drives, parking lots, driveways, drop - offs and other areas covered with a hard surface intended for vehicles. Canopy cover requirements do not apply to single family residential development, nor to multi - family residential development without surface parking other than individual unit driveways. a. The required minimum canopy coverage for all uses is 40 %. b. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape (Square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape. c. The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 P88 years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Assigned Canopy Cover Value Large Tree Medium Tree Small Tree Existing Tree: 6 -12 "dbh L_ yam 1 LJ Existing Tree: 1 2+"dbh Large trees in an island containing 3 more tr ees are given additional Canopy Value. See Canopy Coverage Table_ Interior parking lot islands Within less than 7' of vehicular hardscap e edge 7' -12' from vehicular hardscap e edge 100% of the 50% of canopy the square canopy footage square footage 950 SF (or 1200 SF in islands of 3 or more trees) 600 SF 25% of the canopy square footage 300 SF 500 SF 250 SF 125 SF 250 SF 125 SF NA 1900 SF 950 SF NA 2850 SF 1425 SF NA L ' I Tres surrounded by hardscape on 3 sids are valued at 100% Canopy. Trees with access to planting soil outside of the island are required to meat soil volume requirements for a shared bed. Trees in interior islands are valued at 100% Canopy d. Existing trees may be used to fulfill canopy coverage, as described in Section 3.Subd. 4.0.8, when the drip line has proximity to the edge of the hardscape; therefore, existing trees do not need to be within less than 7' feet of the vehicular hardscape edge. 4. Foundation Landscape Standards. The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural P89 environment. Foundation Landscaping Standards do not apply to single family residential development. a. The foundation landscape planting standards are described in the following table: Foundation Landscape Standards near feet uiding' cat 5 1 large 3 large tree 2 large 6 large * Rounded to the nearest tenth, with a minimum factor of one. b. Round all calculations to the nearest whole number of plants. c. The required plant materials shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the standards difficult to meet. d. Existing trees may be used to fulfill the Foundation Landscape • Standards as described in Section 3 Subd.4.Q.8. e. Smaller landscape materials may be substituted at the following rates 1 Large Tree = 1.5 Medium or 2 Small Trees 3 Large Shrubs = 5 Medium or 10 Small Shrubs f. The design of landscaping for ground areas under the building roof overhang must take into account the potential effects of runoff from the roof edge. 5. Open Areas Landscape Standards: The purpose of these standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, such as cul de sac islands, boulevard medians, storm water management areas, common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint. Open Area landscaping standards do not apply to single family residential lots. Open areas landscaping shall meet the following standards. • a. The open areas planting standards are described in the following table: P90 Open Areas Landscape Standards 1 large 3 large * Rounded to the nearest tenth, with a minimum factor of one. b. Round all calculations to the nearest whole number of plants. c. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The City may require specific tree species in locations where water levels vary. d. Existing trees may be used to fulfill Open Areas Landscape Standards as described in Section 3, Subdivision 4.Q.9. e. Smaller landscape materials may be substituted at the following rates: 1 Large Tree = 1.5 Medium or 2 Small Trees 3 Large Shrubs = 5 Medium or 10 Small Shrubs f. Areas that are included in a project - specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards. g. All lot areas not used for off - street parking, off - street loading, sidewalks, driveways, building sites or other requirements shall be landscaped with grass, shrubs, trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed in Section 3, Subdivision 4.Q.14. 6. Buffer and Screen Standards: The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. The location of buffers and screens are listed below, while the width of the buffer yard can be found in the respective zoning districts. Buffers and screens shall meet the following standards. a. Required screen location, height, and materials are described in the following table: Landscape Screen Location, Height and Materials • P91 equired creels ight Locat required "Screen 1 tateria: Between a parking lot and public right of way or sidewalk 30 inches • Year round continuous planting screen in accordance with paragraph 6.b. Or • A combination of berm and year round continuous screen in accordance with paragraph 6.b. Between residential uses and arterial or collector road Between any development and adjacent, less intense, residential land uses (this includes across a street from residential) Between loading /service area and public view 6 feet • Year round continuous planting screen in accordance with6.b. Or • Wall or fence and plantings shall provide shrub cover for 50% of the wail or fence on the exterior side Or • A combination of berm and year round continuous screen in accordance with paragraph 6.b. Outdoor Storage Yards 8 feet • A wall or fence of permanent materials and planting shall provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected property line adjoins another industrial property. All continuous year round planting screens shall require at a minimum a double row of plants with triangulated spacing. See illustration. Planting plans shall include species which are sized to appropriately screen visibility within five years of planting. Small shrubs shall be a planted at a maximum interval of 3' on center; medium shrubs shall be planted at a maximum interval of 4' on center; and large P92 shrubs shall be planted at a maximum interval of 6' on center unless; otherwise authorized by the City. c. A wall or fence intended to provide a continuous year round screen shall block visibility completely. d. In addition to the shrub cover required in the table above, all screens shall be planted with large trees every 50 LF, medium trees every 35 LF, or small trees every 25 LF or some combination thereof, along the length of the screen. e. Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the City. Existing screens may be enhanced with new plantings to comply with the standards. f. Berms shall be irrigated, have maximum side slopes of 3:1, and have no Tess than four (4) inches of topsoil. g. Permanent walls and fences shall be offset by a minimum of 2' at intervals of 75' maximum length for stability and visual relief. See illustration. h. Approved permanent wall /fence materials shall include wood, • metal, masonry, concrete stone, or other prefabricated and /or sustainable materials. Non - decorative concrete block is prohibited for screening walls: rock face block or other decorative material is required for masonry walls. Chain link fences with slats are prohibited for screening walls. Maintenance of the required buffer strip planting and - /or fence shall be the responsibility of the individual property owners or, if applicable, the homeowners association. 7. Boulevard Tree Standards: a. Boulevard trees are required at the rate of one tree per 70 linear feet of road frontage where property fronts any public road. The City shall collect a standard fee per tree based on the estimated market rate cost to purchase and install trees within the development site. b. Existing trees may be used to fulfill boulevard tree standards at the City's discretion. 8. General Landscaping Standards: a. Desirable existing trees may be used to fulfill Canopy Cover, Foundation Landscape and Open Areas Landscape standards if P93 applicable by placement. Desirable existing trees are valued according to the following table: Existing Tree Value eoiauou: 1 large tree 2 large trees 3 large trees b. Plantings may be grouped if part of an approved landscape plan. c. Standards may be met with different sizes of trees and shrubs. d. New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen standards simultaneously if applicable by placement. e. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the drip line area is disturbed during the construction process. f. The City may allow flexibility in landscape standards if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. 9. The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. h. Trees and shrubs shall not be planted in the right of way without City authorization and shall not be planted in easements without authorization from the holder of the easement. Turf slopes in excess of three to one (3:1) are prohibited. 9. Tree Preservation and Mitigation Standards: The purpose of these standards is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary Toss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. Unless specifically excepted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, grading, building, and other activity that requires a city permit or approval. P94 a. Tree preservation and mitigation standards are described in the following table: Tree Preservation and Mitigation Standards deciduous trees 6" dbh and over or evergreen trees between 12' -20' tall deciduous trees 6 -12" dbh or evergreen trees between 12' -20' tall deciduous trees over 12" dbh or evergreen trees over 20' tall Non -ESA no mitigation required provide one tree per tree removed provide two trees per tree removed Natural Resource Conservation Area or Natural Resource Corridor Enhancement Area provide one tree per four trees removed provide two trees per tree removed provide three trees per tree removed Natural Resource Protected Area provide one tree per two trees removed provide two trees per tree removed provide three trees per tree removed b. Trees used for mitigation may also fulfill the Open Areas Landscape Standards at the discretion of the City. c. Trees with thirty percent (30 %) of the roots damaged are considered to be removed and must be mitigated for at the applicable rates. d. Undesirable trees are not subject to the Tree Preservation and Mitigation Standards. e. On existing Tots with existing buildings where no building or development activity that requires a permit or approval from the City is occurring, the removal of trees is not subject to tree preservation and mitigation standards. f. Replacement trees shall be planted on site. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion, the City may accept the fee for planting trees within the general area of the development project. The City shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees. P95 10. Landscaping Guidelines and Technical Specifications: The selection, installation and maintenance of all planting materials shall be in accordance with the City's Landscaping Guidelines and Technical Specifications Manual. 11. Tree Survey: a. A tree survey is required for all property that contains a deciduous tree greater than 6" dbh or an evergreen tree greater than 12' tall. b. The tree survey shall be the basis for the tree preservation plan, tree mitigation standards, and the use of existing trees to fulfill landscape standards. c. The tree survey shall provide the following information: 1) In the basic use area and other areas where tree removal is proposed, for all deciduous trees over 6" dbh and all evergreen trees greater than 12' tall: a) tree species b) size c) location d) drip line e) tree condition 2) the location of the combined drip lines of all tree stands designated for preservation on the development property 3) on adjacent properties, the drip line of deciduous trees over 6" dbh and evergreen trees greater than 12' tall where the drip line is within 5' of the development property. d. For a new plat or new Planned Unit Development, the tree survey shall be one plan sheet and the tree preservation plan shall be a separate plan sheet. e. For a building permit for a new structure on an existing lot, the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing structure, the tree survey information may be provided in an informal medium that sufficiently conveys the information. f. At the City's discretion, the tree survey requirement may be waived under the following circumstances: 1) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will not be removed and are not likely to be impacted by construction. 2) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will only be removed within the basic use area and the basic use area is not an ESA. P96 12. Tree Preservation Plan: a. A tree preservation plan shall be required for all soil disturbance activities where Tree Preservation and Mitigation Standards apply. A tree preservation plan shows how the Tree Preservation and Mitigation Standards will be met and how preserved trees will be protected during construction and other potentially harmful activities. b. The tree preservation plan shall be based on the tree survey. c. If a tree survey shows that no desirable deciduous trees over 6" dbh or evergreen trees greater than 12' in height on the development property or adjacent properties are near the construction area, the City may waive the tree preservation plan requirement. d. A tree plan shall identify: 1) The basic use area. 2) The disturbance area. 3) Tree size (dbh), species, condition, location, and root protection zone (5' out from the drip line) for all deciduous trees over 6" dbh or evergreen trees greater than 12' tall to be preserved, or; The combined root protection zone of all stands of trees designated for preservation, whichever is applicable. 4) Location and type of tree protection fence. 5) Staging areas. 6) Temporary construction access routes when temporary site access is necessary within root protection zone of any tree or tree stand designated for preservation. i. Temporary access shall be routed in a manner that is least disruptive to the tree or tree stand per the approval of the City Forester.. ii. Temporary access roads shall not exceed twenty - five (25) feet in width and shall be delineated by snow fencing or safety fencing. iii. An eight (8) inch deep cover of wood chip mulch shall be placed over the temporary access road to cushion the root protection zones from compaction. 7) Concrete washout areas. 8) Existing and proposed grading. 9) The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoid damage to adjacent trees. P97 10) Coordination of utility planning so that utilities are installed in a manner that protects trees intended to be saved. a) Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The City may inspect the trees to verify compliance with the preservation plan at any time during construction. b) If a natural resource management plan has been approved for the site, the tree preservation plan shall be in accordance with said plan. c) See City Code Chapter 1011, Stormwater and Erosion and Sediment Control, for other construction related requirements. e. The following shall occur prior to soil disturbance: 1) The tree preservation plan shall be approved by the City. 2) Fencing and all tree protection measures shall be installed and inspected by the City. 3) Erosion control measures shall be installed and inspected by the City. 4) All required financial securities have been submitted. 5) Any required development agreement has been approved. 13. Tree Preservation during Construction: Trees that are to be preserved must be protected by the following methods unless otherwise approved by the City. a. Tree protection fencing shall be installed and maintained 5' out from the identified drip line of the trees (Root Protection Zone) prior to soil disturbance. Fencing shall be a minimum of 4' high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process. Cut roots with clean, pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall be installed to instruct workers to stay out of the Root Protection Zone. b. Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. c. No actions that may harm the health of the tree, including but not limited to construction, traffic, compaction, storage of equipment or materials including soil, grading, or concrete washout areas may occur in the Root Protection Zone. P98 d. Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated at applicable rates. e. Tree protection measures shall remain in place until all grading and construction activity is terminated. 14. Final Inspection: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the City that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the City. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: a. If winter weather will prevent healthy planting practices, a security shall be posted to ensure the remaining planting is accomplished and all planting must be installed by the fifteenth of June the following spring. b. A certificate of occupancy may be issued by the City on residential lots prior to lawn seeding or sod, provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. 15. Non - Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or, if applicable, the homeowners association, regarding the non - compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. 16. Performance Security: The City may require performance security to ensure conformance with the requirements of this chapter. a. The performance security shall extend for two (2) years from the date of planting. The form of the security (cash, letter of credit, or other form) shall be determined by the City. b. If after notification of non - compliance the property owner or, if applicable, the homeowners association fails to achieve the compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance. • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 12 -67 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NUMBER 08 -12 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 08 -12, amending Section 3.Subdivision 4.Q. of the Zoning Ordinance regarding Landscaping Requirements; and WHEREAS, Ordinance No. 8 -12 is lengthy and MN 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 THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 23rd day of July 2012. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. P99 P100 ATTACHMENT A. RESOLUTION 12 -67 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 08 -12 AN ORDINANCE amending Section 3.Subdivision 4.Q. of the Zoning Ordinance section regulating Landscaping and Screening standards. The purpose of amending this section of the Zoning Ordinance is to clarify the regulations regarding landscaping and screening. Section 3.Subdivision 4.Q. regulates landscaping and screening and requires five types of landscaping for new developments, including: Canopy Cover, Foundation Landscaping, Open Area Landscaping, Buffer and Screening, and Boulevard Trees. Passed by the Lino Lakes City Council on July 23rd, 2012. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • • C1TY�;;�� OF IN• KE • • Memorandum To: City Council From: Paul F. Bengtson, Associate Planner Date: July 20 2012 Re: July 23, 2012 City Council Agenda Item 6Cii Resolution No. 12 -69 Attachment A : Site Performance Agreement Attached is the Site Improvement Performance Agreement for the Encompass Digital Media project at 6221 Holly Drive. It should be attached to Resolution Number 12 -69 as Attachment A. ATTACHMENT A CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this th day of , 2012 is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Encompass Digital Media, whose address is 6221 Holly Drive Lino Lakes, Minnesota 55014, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of a Conditional Use Permit hereinafter called the "Plans ", by the City Council on the 23rd day of July, 2012 with the adoption of Resolution Number 12 -68 and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: THE NW1 /4 OF SEC 33 TWP 31 RGE 22, EX S 110 FT OF E 254 FT OF SE1 /4 OF SD 1/4, ALSO EX THAT PRT OF E1 /2 OF SD 1/4 DESC AS FOL: BEG AT INTER OF C/L OF HOLLY DR WITH A BRANCH OF CO DITCH NO 25, SD INTER BEING ON E LINE OF SD 1/4, TH NWLY ALG SD DITCH 700 FT +OR- TO INTER/W ANOTHER DITCH RUN IN NLY DIRECTION, TH NELY ALG SD DITCH 918 FT +OR- TO SD E LINE TH SLY ALG SD E LINE 907 FT +OR- TO POB, ALSOEX NW1 /4 OF SD NW1 /4, ALSO EX THAT PRT OF NE1 /4 OF SD NW1/4 DESC AS FOL: BEG AT NW COR THEREOF, TH S 89 DEG 52 MIN 21 SEC E, ASSD BRG, ALG N LINE OF SD 1/4 1/4 450 FT, TH S 15 DEG 58 MIN 24 SEC 1008 .32FT,THN89DEG52MIN21 SECW 160 FT TOW LINE OF SD 1/4 1/4, TH N 0 DEG 44 MIN 23 SEC ALG SD W LINE 970.11 FT TO POB, ALSO EX THAT PRT OF SW1 /4 OF SD NW1 /4 DESC AS FOL: BEG AT NW COR OF SD1/ 4 1/4, TH S 89 DEG 57 MIN 28 SEC E, ASSD BRG, ALG N LINE OF SD SW1/4 OF NW1 /4 1304.74 FT TO NE COR OF SD SW1 /4 OF NW1 /4 TH S 25 DEG 18 MIN 53 SEC W 387.05 FT, TH N 22 DEG 0 MIN 26 SEC 377.62 FTTO S D N LINE, TH N 89 DEG 57 MIN 28 SEC W ALG SD N LINE 332.74 FT, TH S 64 DEG 53 MIN 35 SEC W 729.37 FT TO W LINE OF SD S W 1 /4 OF NW1/4, TH N 0 DEG 50 MIN 22 SEC W ALG SD W LINE 310 FT TO POB, TOG/WN 50 FT OF NE1 /4 OF SW1 /4 OF SD SEC, EX E 254 FT THEREOF, EX RD, SUBJ TO EASE OF REC NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: • • • I • • DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". II. ON -SITE WORK. A. On -Site Work. The On -site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On -site Work is as follows: Description of Improvements Estimated Costs 1. Grading $35,000 2. Erosion Control $5,000 Total Estimated Cost of Developer Improvements $40,000 Security Requirement (Total * 35 %) $14,000 C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City shall have one or more inspectors inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. Prior to construction, the Developer or its engineer shall schedule a preconstruction meeting at a mutually agreeable time at the Lino Lakes City Hall, located at 600 Town Center Parkway, Lino Lakes, Minnesota with contractors, subcontractors, the City staff, and other parties specified by the City to review the program for the construction work. III. COMPLETION DATE. A. The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the City may exercise any remedies as set forth in Section IX., unless an extension is granted by the City. IV. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Off -site Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Off -site Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty -five (35 %) percent of the total estimated cost of Developer's On -site and Off -site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. • • • • V. REIMBURSEMENT OF COSTS. • • A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On -site and Off -site Work, including, but not limited to, the following: Total Estimated (Budget) Costs for Escrow Account Administration (Legal, Engineering, Planning, and Contract administration) Existing project escrow as of June 19, 2012 $5,000 $5,000 Additional escrow deposit required: $0 B. The City shall have a right to reimburse itself from the Escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. VI. FUTURE RECLAMATION AND PAVING FEE A. The Developer agrees to provide the City a cash fee in the amount of fifteen thousand dollars ($15,000) for the future reclamation and paving of the existing Holly Drive pavement from Holly Court to County Road J. This fee represents the Developers proportional cost of the above described improvements. VII. REMEDIES FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the improvements to be constructed upon the premises until completion of the site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. X. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. • • • • • • XI. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XII. VIOLATIONSBUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and /or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES By Developer Mayor ATTEST: By STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2012, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julie Bartell to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ANOKA On this day of , 2012, before me, a Notary Public within and for said County, personally appeared _ (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 • • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 6F (i) Michael Grochala July 23, 2012 Consideration of Resolution No. 12 -70 Approving Plans & Specifications and Authorizing Advertisement for Bids, Lake/Main & Birch/Ware Intersection Improvements VOTE REQUIRED Simple Majority INTRODUCTION Staff is requesting council action to approve the plans and authorize advertisement for bids for the intersection improvements. The improvements include installation of traffic signals, road widening, median placement, storm sewer installation and roadway resurfacing. The project schedule is as follows: July 23, 2012 August 30, 2012 September 10, 2012 October 1, 2012 June, 2013 BACKGROUND Approve Plans & Authorize Advertisement for Bids Open Bids Consider Award of Contract Start Construction Construction Complete The City Council authorized the final design preparation of plans and specifications for the Lake Drive/Main Street and Birch Street/Ware Road Intersection improvements on January 21, 2011 (Resolution No. 11 -06 and 11 -07). The final design has been completed, reviewed and approved by the City, Anoka County and the Minnesota Department of Transportation (Mn/DOT). Funding for the project is being provided by Anoka County, and the City of Lino Lakes. The City's share of the project cost is approximately $1.8 million. The City funding will be provided primarily through the issuance of general obligation bonds authorized by a voter approved referendum in 2010. Water main installed under the new street segment on Sioux Lane will be funded by the City's trunk utility fund. RECOMMENDATION Staff is recommending adoption of Resolution No. 12 -70 approving plans and specifications and authorizing advertisement for bids. ATTACHMENTS 1. Resolution No 12 -70 P101 P102 CITY OF LINO LAKES RESOLUTION NO. 12 -70 RESOLUTION ACCEPTING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS LAKE DRIVE/MAIN STREET & BIRCH STREET/WARE ROAD INTERSECTION IMPROVEMENTS STATE AID PROJECT NO. 002 - 614 -038, 002 - 623 -016 & 002 - 634 -002 WHEREAS, pursuant to a resolution passed by the council on January 21, 2011, TKDA Inc., has prepared plans and specifications for the improvement of the Lake Drive /Main Street & the Birch Street/Ware Road Intersection; and WHEREAS, plans for Project No. S.A.P. 002 -614 -038, 002 - 623 -016 & 002 - 634 -002 showing proposed alignment, profiles, grades and cross- sections for the reconstruction of the intersection of County State -Aid Highway No. 23 and County State Aid Highway No. 14 and the intersection of County State Aid Highway 34 and Ware Road within the limits of the City as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which are made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 a.m. on Thursday, August 30, 2012, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, September 10, 2012, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • • ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor Whereupon said resolution was declared duly passed and adopted. • • P103 • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 6F (ii,iii,iv) Michael Grochala July 23, 2012 ii. Consider Resolution No. 12 -71, Approving No Parking Designation, CSAH 14 (Main St.) iii. Consider Resolution No 12 -72 Approving No Parking Designation, CSAH 23 (Lake Drive) iv. Consider Resolution No. 12 -73, Approving No Parking Designation, CSAH 34 (Birch St.) VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting the City Council approve a no parking designation for those sections of Lake Drive, Main Street, and Birch Street included in the proposed intersection signal improvement projects in compliance with State Aid Rules. BACKGROUND: Final design has been completed for the improvements of the Lake/Main & Birch/Ware intersections. Construction is anticipated to start in October of 2012. Based on the roadway design and State Aid Rules on- street parking will not be allowed on the roadways. As part of the project approvals the Minnesota Department of Transportation requires the local jurisdiction to designate this restriction. The designation for Main Street will apply from Aenon Place to Elbe Street. The designation for Lake Drive will apply from 77th Street to 81st Street. The designation for Birch Street will apply from Lakota Trail to Totem Trail. RECOMMENDATION Staff is recommending adoption of Resolutions No. 12 -71, 12 -72 and 12 -73 Approving the No Parking Designation for Main Street, Lake Drive and Birch Street, respectively ATTACHMENTS 1. Resolution No. 12 -71 2. Resolution No. 12 -72 3. Resolution No. 12 -73 P104 P105 CITY OF LINO LAKES RESOLUTION NO. 12 -71 APPROVING NO PARKING RESTRICTION S.A.P.: 002 - 614 -038 MAIN STREET (ANOKA COUNTY NO. 14) FROM AENON PLACE TO ELBE STREET IN THE CITY OF LINO LAKES, MINNESOTA. WHEREAS, The City has planned the improvements of Main Street from Aenon Place to Elbe Street; and WHEREAS, the Anoka County will be expending County State Aid Street Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a County State Aid project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City shall ban the parking of motor vehicles on both sides of Main Street from Aenon Place to Elbe Street at all times. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. Jeff Reinert, Mayor • • • • • • CITY OF LINO LAKES RESOLUTION NO. 12 -72 APPROVING NO PARKING RESTRICTION S.A.P.: 002 - 623 -016 LAKE DRIVE (ANOKA COUNTY NO. 23) FROM 77TH STREET TO 81ST STREET IN THE CITY OF LINO LAKES, MINNESOTA. WHEREAS, The City has planned the improvements of Lake Drive from 77th Street to 81st Street; and WHEREAS, the Anoka County will be expending County State Aid Street Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a County State Aid project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City shall ban the parking of motor vehicles on both sides of Lake Drive from 77th Street to 81st Street at all times. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. P106 P107 CITY OF LINO LAKES RESOLUTION NO. 12 -73 APPROVING NO PARKING RESTRICTION S.A.P.: 002-634-002 BIRCH STREET (ANOKA COUNTY NO. 34) FROM LAKOTA TRAIL TO TOTEM TRAIL THE CITY OF LINO LAKES, MINNESOTA. WHEREAS, The City has planned the improvements of Birch Street from Lakota Trail to Totem Trail; and WHEREAS, the "County" will be expending County State Aid Street Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a County State Aid project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City shall ban the parking of motor vehicles on both sides of Birch Street from Lakota Trail to Totem Trail at all times. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. • • • • c, CITY COUNCIL AGENDA ITEM 6F(v) STAFF ORIGINATOR: Michael Grochala MEETING DATE: July 23, 2012 TOPIC: v. Consider Resolution No. 12 -74, Approving Supplemental Authorization Lake/Main and Birch/Ware Intersection Improvement Project. ACTION REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to approve a supplemental agreement with TKDA for engineering services provided that are outside the scope of the original professional services agreement. BACKGROUND The City Council authorized TKDA to prepare the plans & specifications for the Lake/Main & Birch/Ware intersection projects in January of 2011. During the plan development process design work was completed that was not originally contemplated, such as the Market Place signal components and the overlay of Lake Drive from Main Street to 77t. Additional work was also required due to design changes necessary to meet storm water requirements, additional right -of -way acquisition, and Mn/DOT state aid requirements. TKDA has submitted a supplemental authorization request covering the additional items for both projects totaling $137, 291.94. Staff is working with Anoka County and WSB Inc. to review the request. At this time we are proposing approval of the following items: Lake Drive/Main Street • Millers Parking Lot Design and updates $ 3,449.98 • Signal Justification Report updates $ 1,098.19 • Soil Borings $ 1,833.77 • Traffic Counts $ 525.00 • Market Place signal/sidewalk $12,547.48 • Crack and Seat (overlay) $19,908.92 Subtotal Lake /Main $39,363.34 Birch/Ware • • Sioux Lane Watermain Extension $1,994.06 • SJR Updates for New Traffic $ 720.21 • Soil Borings • Birch Street Full Lot Acquisition/Storm Subtotal Birch/Ware Total Supplemental Authorization $ 1,833.77 $ 6,667.80 $11,215.84 $50,579.18 Under the terms of the JPA the Market Place signal /sidewalk and Crack and Seat expenditures are 100% Anoka County costs. Staff is continuing to review the balance of the request and will bring forth a recommendation at a future meeting date. RECOMMENDATION Adopt Resolution No. 12 -74 ATTACHMENTS 1. Resolution No. 12 -74 • • • • • CITY OF LINO LAKES RESOLUTION NO. 12 -74 RESOLUTION APPROVING SUPPLEMENTAL AUTHORIZATION PREPARATION OF PLANS AND SPECIFICATIONS MAIN STREET/LAKE DRIVE & BIRCH/WARE INTERSECTION IMPROVEMENTS WHEREAS, the City entered into a professional services agreement with TKDA, Inc. to prepare plans and specification for the Main Street/Lake Drive & Birch/Ware Intersection Improvements; and WHEREAS, TKDA has submitted a Supplemental Authorization request for task performed outside the scope of the original agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the supplemental authorization in the amount of $50,579.18 is hereby approved. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. • • • 9 0 ENCOMPASS DIGITAL MEDIA FACILITY LINO LAKES, MINNESOTA ICECOR PROJECT #102012006 SITE MAP DATE REVISIONS DESCRIPTION 6/28/12 ORIGINAL SUBMISSION 7/22/12 REVISED SIGNATURE I hereby certify that this pion, specification r report was prepared by me or under my eu•rdalon and that I am a duly licensed .: a, , 44: under the laws of the State Jr Printed name: NATE GRAYSON Date: 7/22/12 Uc, No 45813 iC'eC04 P.O. BOX 1105 SUPERIOR, WISCONSIN 54880 (715) 395 -0985 • • • ENCOMPASS DIGITAL MEDIA FACILITY LINO LAKES, MINNESOTA ICECOR PROJECT #102012006 PROPOSED DEVELOPMENT MAP DATE REVISIONS DESCRIPTION 6/28/12 ORIGINAL SUBMISSION 7/22/12 REVISED SIGNATURE I hereby certify that this plan, apecHicatlon or report was prepared by me or under my •et-vision and that I am a duly licensed aa: under the lows of the State Printed name: NATE GRAYSON Date: 7/22/12 Ue No 45813 iCECOi P.O. BOX 1105 SUPERIOR, WISCONSIN 54880 (715) 395 -0965 LM 155 1 0 ! 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O D m to r o R r co V) ---I O Cam CO m C,J ri -1 MEMORANDUM Date: July 23, 2012 To: Mayor and Council From: Mary Alice Divine Re: Economic Development Update Introduction Mayor and Council requested information regarding the amount of taxes that are generated by different types of development and an update on economic development activities to attract additional commercial /industrial development and housing. The following outlines the current tax forfeit status of the Legacy properties, recent staff activity, and revenues generated from a variety of development. The question was raised about the disparity between Blaine and Lino Lakes housing growth, so included is a comparison of housing growth in the two cities dating back to 2000. Tax Forfeit process: After Hartford Group let the Legacy properties go into foreclosure, the bank servicing the loan on the properties closed and taxes and assessments went unpaid. A group of investors who had participated in the development loan had three years to redeem the properties by paying off back taxes, assessments, penalties and interest, but failed to do so. The redemption period ended July 2011 and the properties went tax forfeit. Tax forfeit properties are owned by the state, but their maintenance and sale are administered by the counties. The county assessor sets the value of the parcels. Staff and legal counsel met with Anoka County officials on several occasions to discuss the future of the Legacy parcels. Anoka County has indicated it would not put Legacy properties up for sale in the near future because it is unlikely a sale would occur. Once a property is tax forfeit, City has a right at any time before a sale to request that it be held from public sale for a period of six months and the city can purchase it within that time frame. If the City finds a developer, it could use a turn-key approach to purchase the property and turn it around to sell to a developer. If parcels of forfeited land in Anoka County are sold, the County determines its annual expenditures for administering tax forfeit property and subtracts that amount from the gross receipts from all tax forfeit property for that year. The annual expenditures are prorated to the parcels based on the receipts for that year. These expenses average $100,000 per year. At worst case, if a Legacy parcel was the only parcel to sell within a specific year, that $100,000 would be retained by the County from the purchase price. The remaining revenue would be returned to the City to be used to pay assessments on that parcel. Marketing efforts: Staff continues its marketing of the Legacy project to developers. For the past four years developers who have met with staff have continued to make the much the same comments: • There are fewer developers to do projects, those still doing business look for easy projects in desirable locations • Housing developments are smaller (prefer approx. 40 lots) to avoid land carrying costs • There is no market for townhomes • There is a market for apartments • Developers are building in the inner rings • It's easier for consumers to get to the developments in other cities, such as Blaine • Construction costs have not gone down while home prices have dropped • Financing is difficult but is freeing up slightly in 2012 • Lino Lakes market is soft for commercial /retail • Lino Lakes has a reputation as anti - development (limit to housing starts and perception that townhomes are not welcome) Staff has met with a variety of developers, attend real estate conferences to follow current trends and network with developers, mail marketing materials, and continue to look for ways to appeal to all realistic markets. Staff has met with the following housing developers: • Ryland Homes, Mike DeVoe • Pulte Homes, Ian Peterson • Lennar, Steve Ach • The Beard Group, Tom Gump • Hans Hagen Homes, John Rask • Doran Companies, Kelly Doran • Century Farms - Gary Uhde • CBRE - Richard Palmiter • Welsh Co. - Ted Gonsier • Pratte Homes - Len Pratte • Cornerstone Group, Colleen Carey • Common Bond • Dominium, Nick Anderson • Lino Lakes Assisted Living, Amy Koehnen • Bancor Group, David Newman Additionally, Springsted and city staff are arranging a developer forum with several other residential /commercial developers to continue the dialogue. Staff is preparing a marketing piece for their use. Tax Revenues from Different Types of Development Council requested that staff present revenue generated from different types of development. Below is a comparison of residential types and commercial /industrial development based on a range of values. In addition there is a comparison of an existing space in Lino Lakes (Lakewood Apartments first floor) built out as commercial, as market rate apartments, and as affordable apartments. Comparison of Tax Revenues Taxes on Single Family/Townhome (Homestead) Value Acres EMV City Taxes Total taxes City portion 5150,000 Big Box Store $2,292 16 5983 $56,875 5250,000 $7,000,000 53,628 60,000 51,556 Fast Food Restaurant $500,000 1.3 57,641 $4,743 52,145 $4,572,900 2.6 113,542 $32,056 Single Family Home $183,700 0.26 Taxes on 50 Unit Market Rate Apartment $1,030 Industrial Building $1,879,400 EMV 30,076 Total taxes City portion 57,500,000 122,570 $40,213 Taxes on 50 Unit Affordable Rate Apartment EMV Total taxes City Portion 57,500,000 $73,542 $24,128 Taxes on Commercial /Industrial (less Fiscal Disp.) EMV Total taxes City Portion 5750,000 511,178 $3,667 54,500,000 523,337 $7,657 $7,500,000 5122,618 $40,229 Taxes on Lakewood first floor developed as commercial (less Fiscal Disp.) EMV Total taxes City Portion 51,494,200 $23,243 57,626 Taxes on Lakewood first floor developed as market rate apartments EMV Total taxes City Portion 51,494,200 524,419 58,011 Taxes on Lakewood first floor developed as affordable apartments EMV Total taxes City Portion 51,494,200 514,652 54,807 Sample Properties: Taxes and Development Fees Generated City Taxes Generated Development Value Acres Size (sq. ft.) City Taxes Big Box Store $10,578,700 16 182,760 $56,875 Grocery Store $7,000,000 7 60,000 $37,028 Fast Food Restaurant $936,888 1.3 3,746 $4,743 Apartment Building $4,572,900 2.6 113,542 $32,056 Single Family Home $183,700 0.26 1386 $1,030 Industrial Building $1,879,400 4.91 30,076 $9,840 Development SAC/WAC Units Bldg. Permit Fee Park Dedication Surface Water Mgt. Big Box Store $323,400 $68,923 $34,800 $135,210 Grocery Store $132,000 $47,189 $15,225 $59,154 Fast Food Restaurant $26,400 $9,429 $2,827 $10,986 Apartment Building $277,200 $32,430 $150.000 $19,974 Single Family Home $6,600 $4.591 $2,500 3,967 Industrial Building $33,000 $15,606 $10,679 $41,493 Comparison of Blaine versus Lino Lakes housing growth Council inquired what Blaine was "doing right" in terms of housing growth. Blaine, which had a peak lot inventory in 2006 of 1,350 homes, has a current single family lot inventory of 360. Lino Lakes' current inventory is 64. Below is a comparison of the number of new housing permits issued in Blaine versus Lino Lakes since 2000. Note that the 2010 Lino Lakes Comprehensive Plan limiting the amount of new housing units took effect in August of 2002. Also note the uptick in Lino Lakes housing permits in 2004 and 2005 contained a significant amount of townhome development. Lino Lakes /Blaine Lino Lakes /Blaine 2000: 240/564 2007: 93/336 2001: 200/668 2008: 31/311 2002:218/817 2009: 30/283 2003:111/816 2010: 31/331 2004: 189-/1,089 2011: 34/336 2005: 196/649 2012: 13/188 (ft 6 mo.) 2006: 91/331