HomeMy WebLinkAbout06-13-2016 Council Meeting MinutesCOUNCIL MINUTES
June 13, 2016
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE June 13, 2016
6 TIME STARTED 6*30 p.m.
7 TIME ENDED 8:28 p.m.
8 MEMBERS PRESENT Council Member Rafferty, Kusterman, Maher,
9 Manthey, and Mayor Reinert
10 MEMBERS ABSENT none
11
12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael
13 Grochala; City Planner Katie Larsen; Director of Public Safety John Swenson; Finance Director Sarah
14 Cotton; City Engineer Diane Hankee; and City Clerk Julie Bartell
15
16 PUBLIC COMMENT
17
18 No one was present to address the council regarding a matter not on the agenda.
19
20 SETTING THE AGENDA
21
22 The agenda was approved as amended to remove Item 31), to be discussed at a closed meeting on
23 June 27, and to moved Item 6D forward for discussion, and to add a new item requested by Council
24 Member Maher. The council also removed a payment to Jorgenson Construction from the
25 expenditures for further discussion and consideration at a future meeting.
26
27 CONSENT AGENDA
28
29 Council Member Rafferty moved to approve the Consent Agenda, as amended. Council Member
30 Maher seconded the motion. Motion carried on a voice vote.
31
32 ITEM ACTION
33
34 Consideration of Expenditures.
35
36 June 13, 2016 (Check No. 103800 —
37 103900, $435,860.53) Approved
38 as amended
39
4o May 23, 2016 Council Work Session Minutes Approved
41
42 May 23, 2016 City Council Meeting Minutes Approved
43
44 Consider Resolution 16-36, Approving a Special Event
45 Permit for F & M Bank Approved
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June 13, 2016
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APPROVED
47 Consider Resolution 16-46, Peddler License for Rove
48 Pest Control Approved
49
50 Consideration of not waiving monetary limits on tort
51 liability per MN Statute 466.04 Approved
52
53 Consider Resolution No. 15-69, Approving a Special
54 Event Permit for Fiesta Cancun Approved
55
56 Consider approval of May 23, 2016 Board of Appeal Approved
57 Minutes
58
59 Consider Resolution No. 16-52, Approving the Renewal
60 of Liquor, Wine, Beer and Dance licenses for the
61 2016/2017 licensing period Approved
62
63 Consider approval of Resolution 16-53, 2016/2017
64 Tobacco License Renewals Approved
65
66 Consider approval of May 23, 2016 Closed Council
67 Minutes Approved
68
69 Consider Resolution 16-57, Peddler License for Aptive
70 Pest Control Approved
71
72 FINANCE DEPARTMENT REPORT
73
74 2A) Consider Accepting 2015 Audit Report, CliftonLarsonAllen, LLP- Finance Director Sarah
75 Cotton introduced representatives of CliftonLarsonAllen, LLP, who performed the city's audit for
76 2015. Following their report, she recommends that the council accept the results of the audit.
77
78 Chris Knopik, CliftonLarsonAllen, LLP, reviewed a Powerpoint presentation (on file). Thanks were
79 offered to city finance staff for their assistance in conducting the audit. This being the first year they
80 have worked with the city's new Finance Director, it speaks well for the process in place to allow for
81 a smooth transition.
82
83 Council Member Kusterman moved to accept the results of the 2015 audit as presented. Council
84 Member Rafferty seconded the motion. Motion carried on a voice vote.
85
86 ADMINISTRATION DEPARTMENT REPORT
87 3A) Consider 2nd Reading of Ordinance No. 0146, Regarding Open Burning Permits —City
88 Administrator Karlson noted that staff is recommending that the council approve 2nd Reading and
89 adoption of this ordinance that changes the city code to indicate that open burning permits will now
90 be issued by the City's Fire Division.
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COUNCIL MINUTES
June 13, 2016
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91 Council Member Kusterman moved to waive the full reading of the ordinance as presented. Council
92 Member Maher seconded the motion.
93 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 01-06
94 as presented. Council Member Maher seconded the motion. Motion carried: Yeas; 5; Nays none.
95 3B) Consider 2nd Reading of Ordinance No. 02-16, Regarding Enforcement of State Fire
96 Code — City Administrator Karlson noted that staff is recommending that the council approve 2nd
97 Reading and adoption of this ordinance that authorizes the city's public safety director to administer
98 and enforce the provisions of the Minnesota State Fire Code,
99 Council Member Rafferty moved to waive the full reading of the ordinance as presented. Council
100 Member Maher seconded the motion.
101 Council Member Rafferty moved to approve the 2nd Reading and adoption of Ordinance No. 02-16 as
102 presented. Council Member Maher seconded the motion. Motion carried: Yeas; 5; Nays none.
103 C) Amendments to Licensing Ordinance
104 i. Consider Second Reading and Adoption of OrdinanceAmending Title
105 600, Chapters 601, 611, 612 and 615 of the Lino Lakes Code of Ordinances Relating to Business
106 and Activity Licenses
107 City Clerk Bartell noted that staff is recommending that the council approve 2nd Reading and adoption
108 of this ordinance that changes several areas of the city code that are needed in order to allow the city
109 continued access to the Bureau of Criminal Apprehension data base for the purpose of conducting
110 background checks for city licensing and employment purposes.
111 Council Member Maher moved to waive the full reading of the ordinance as presented. Council
112 Member Kusterman seconded the motion.
113 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 02-16
114 as presented. Council Member Rafferty seconded the motion. Motion carried: Yeas; 5; Nays none.
00
115 ii. Consider Resolution No. 1649, Authorizing Summary Publication of Ordinance
116 No. 03-16 -City Clerk Bartell requested that the council approve the resolution authorizing summary
117 publication.
118 Council Member Rafferty moved to approve Resolution No. 1649 as presented. Council Member
119 Maher seconded the motion. Motion carried on a voice vote.
120
121 PUBLIC SAFETY DEPARTMENT REPORT
122 4A) Consider acceptance of CenterPoint Energy Community Partnership Grant —Public Safety
123 Director Swenson explained that staff is requesting acceptance of a grant to be used toward the update
124 of communications equipment. He noted that CenterPoint Energy will be making a formal presentation
125 at the June 27, 2016 council meeting.
126 Council Member Maher moved to accept the grant as recommended. Council Member Rafferty
127 seconded the motion. Motion carried on a voice vote.
128 4B) Consider hiring of two PT Community Service Officers —Public Safety Director Swenson
129 reported that there are two CSO positions open within the Police Division, one being the addition of a
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June 13, 2016
APPROVED
130 position to support the ACE Program. Based on a thorough hiring process, he is recommending hiring
131 two candidates. Mayor Reinert recalled the council's discussion about the ACE program that gives
132 residents a second chance on tickets; it's been very popular and additional staff is needed and would be
133 supported by revenue from the program.
134 Council Member Maher moved to approve the hiring of Jonathan Tomczik and Nicholas Small as
135 recommended. Council Member Manthey seconded the motion. Motion carried on a voice vote.
136
137 PUBLIC SERVICES DEPARTMENT REPORT
138
139 There was no report from the Public Services Department.
140
141 COMMUNITY DEVELOPMENT DEPARTMENT REPORT
142
143 6A) Century Farm North 6th Addition. i. Consider Resolution No. 1643 Approving PUD
144 Final Plan/Final Plat
145 no Consider Resolution No. 1644 Approving Development Agreement
146 ilia Consider Resolution No. 1645 Approving Maintenance Agreement for Stormwater
147 Management Facilities
148
149 City Planner Larsen noted that city staff has been working with the developer on this project for a
150 couple of years. She reviewed the history that brings the project to this point including the location
151 of the project, the number of lots included, park dedication fees anticipated, land use and
152 transportation plan compliance, planning and zoning review. The resolution before the council
153 approves the final plan and final plat, development agreement and a maintenance agreement. She
154 noted the presence of the developer. Mayor Reinert noted that the development has been reviewed by
155 the council several times and so the council is quite familiar.
156
157 Council Member Kusterman moved to approve Resolution No. 1643 as presented. Council Member
158 Manthey seconded the motion. Motion carried on a voice vote.
159
160 Council Member Kusterman moved to approve Resolution No. 16-44 as presented. Council Member
161 Manthey seconded the motion. Motion carried on a voice vote.
162
163 Council Member Kusterman moved to approve Resolution No. 1645 as presented. Council Member
164 Manthey seconded the motion. Motion carried on a voice vote.
165
166 6B) Watermark PUD Residential Community. i. Consider Resolution No. 16-50 Approving
167 Comprehensive Plan Amendment
168 no Consider First Reading of Ordinance No. 0446 Rezoning Property from R, Rural and
169 R-BR, Rural -Business Reserve to PUD, Planned Unit Development
170 ilia Consider Resolution No. 16-51 Approving PUD Development Stage Plan/Preliminary
171 Plat
172
173 City Planner Larsen reviewed the details of the proposed development (using a PowerPoint
174 presentation, on file):
COUNCIL MINUTES
June 13, 2016
APPROVED
175 - Location within the city;
176 - Challenges of the site including lack of natural amenities and soil conditions;
177 - The inclusion of the northeast drainage project;
178 - The broad picture AUAR of the past and how that fits this development;
179 - The master planning process involved;
180 - The inclusion of recreation and open space consistent with guidance for the area;
181 - A trail plan for the development;
182 - Although no commercial component is included, nearby commercial will serve the area and
183 create a mixed use;
184 - A density chart indicated net and gross density;
185 - A front view of the different types of homes proposed and proposed square footage for homes;
186 - Key amenities, including a bridge entrance, landscaping and signage;
187 - The Park Board has been working with the developer in creation of a master plan for park
188 development that will be included in the initial stage of construction;
189 - A proposed 4,000 square foot private recreation center, HOA maintained and operated;
190 - The traffic impact study and trips proposed was reviewed; the study included review of peak
191 level of service after improvements;
192 - Cul-de-sacs were reviewed along with the width of the streets within the development and
193 location of hydrants;
194 - Architectural design standards (to be reviewed in greater detail in final plans);
195 - Elevations, with explanation that each will be reviewed further as they come in;
196 - Development agreements that will be coming forward;
197 - Findings of fact,
198
199 Council Member Rafferty requested more information on the exterior of the homes. The exterior
200 materials were reviewed and the developer representative indicated that LP would be the most
201 popular based on current trends in demand.
202
203 Ms. Larsen concluded by noting that the proposed development meets the city's goals and plans for
204 the area. She reviewed the vote of the Planning and Zoning Board and the action items requested of
205 the council at this time.
206
207 Mayor Reinert stated that this is the largest housing development proposed in the history of the city.
208 It's a concept that has been on the table for two years. There is a lot to like about the development
209 and many elements the council has argued for during the process. This location is off the interstate
210 but will be protected by a large berm and will include a trail that runs through the development.
211 There is an advantage in not developing the area piecemeal; the master plan bring amenities, better
212 density, savings on utilities, laid out better, etc. He's fond of having the park amenities developed
213 early in the plan to be utilized earlier. He'd like to see all streets at 32 feet. The traffic patterns
214 would probably develop differently with separate developments also. He also likes the quality of life
215 provided by fifty percent of the lots backing up to open space. He has long been a proponent of low
216 density and sees that this is coming in low. He is aware there is support on the council and
217 anxiousness to move forward but the council could take a couple weeks if necessary for review.
218
COUNCIL MINUTES
June 13, 2016
APPROVED
219 Council Member Kusterman noted that the Planning and Zoning Board voted four to two on the
220 Comprehensive Plan amendments and that relates to lack of commercial included. He'd like to
221 understand more about their concern. Ms. Larsen noted that the area is guided mixed use and she
222 believes those members felt that the guidance should be followed; overall she doesn't feel they had
223 problems with the development. She added that staff received some insight from experts in the area
224 and feels that commercial isn't viable. Mayor Reinert noted that this developer doesn't do
225 commercial as part of their projects so it isn't a discussion item for them; he sees the commercial
226 coming eventually.
227
228 Council Member Maher noted the inclusion in this project of a water reuse plan to use water from the
229 lake for the townhomes and public park area. City Engineer Hankee explained that the water reuse
230 is limited to those areas because high use is expected and more than that may require the addition of
231 infrastructure to bring water in; expanding the water reuse program would be a consideration for the
232 future.
233
234 The mayor called for the council to voice any concerns about the development.
235
236 The developer representative responded to the mayor's remark about widening the streets. They have
237 found that buyers want smaller streets to slow the traffic.
238
239 Council Member Manthey thanked city staff, in particular Ms. Larsen, for presenting even small
240 changes regularly so the council has been able to digest changes as they have come forward. He sees
241 this as a win/win even on commercial where people will be moving in to support the current
242 commercial.
243
244 Council Member Rafferty remarked on the process of working with Mattamy Homes. He'd prefer
245 wider streets also and doesn't necessarily like the variety of widths. Overall he sees that the positives
246 of the development far outweigh the negatives. This comes forward after much hard work and the
247 size of this development and one developer doing it is a real positive. He asked if other Mattamy
248 developments have included the community facility and the developer representative explained where
249 smaller developments have included smaller facilities and a larger development in Lakeville includes
250 a similar size facility. They are looking less at pools and more at work-out facilities which are more
251 popular and are also working on an office setting for resident use (with a coffee bar).
252
253 Council Member Rafferty noted that homeowner associations will be an important element in this
254 development; that will provide necessary rules and regulations in a large development. He wants to
255 see that included up front.
256
257 Council Member Maher asked if there are other developments of this scale already built. The
258 representative said none built at this point but underway.
259
260 Council Member Kusterman moved to approve Resolution No. 16-50 as presented. Council Member
261 Manthey seconded the motion. Motion carried on a voice vote.
262
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COUNCIL MINUTES June 13, 2016
APPROVED
263 Council Member Kusterman moved to approve the lst Reading of Ordinance No. 04-16 as presented.
264 Council Member Manthey seconded the motion. Motion carried on a voice vote.
265
266 Council Member Kusterman moved to approve Resolution No. 16-51 as presented. Council Member
267 Rafferty seconded the motion. Motion carried on a voice vote. Mayor Reinert noted that this is
268 preliminary and there will be changes. He asked about staging and Ms. Larsen responded that there
269 will undoubtedly be many stages and but those are yet to be determined.
270
271 6C) Public Hearing; Consider Resolution No. 16-54, Approving Amended and Restated
272 Business Subsidy Policy — Community Development Director Grochala noted that the resolution
273 comes forward from the public hearing held earlier before the city's Economic Development
274 Authority (EDA). He introduced the FDA's legal counsel, Julie Eddington, of Kennedy & Graven.
275
276 Ms. Eddington explained that she has been working with city staff on this revised policy that will
277 comply with the Business Subsidy Act in place. This will apply to both the City and EDA. Also the
278 amendment adds a wage goal.
279
280 Mayor Reinert said he sees this as basically a housekeeping item that will keep the city up to date on
281 this policy.
282
283 Council Member Kusterman moved to approve Resolution No. l &54 as presented. Council Member
284 Maher seconded the motion. Motion carried on a voice vote.
285
286 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public
287 hearing was closed.
288
289 61)) Consider Resolution No. 16-55, Approving Acquisition of Permanent Easement, Old
290 Birch Street Cul De Sac — Community Development Director Grochala reviewed the written report
291 requesting approval of a permanent easement relating to the Saddleclub Development. To do the cul-
292 de -sac, this easement is required. The cost has been negotiated and will be covered by the developer.
293
294 Council Member Rafferty moved to approve Resolution No. 16-55 as presented. Council Member
295 Maher seconded the motion. Motion carried on a voice vote.
296
297 6E) Consider Resolution No. 16-56, Calling for Hearing, I-35W North Corridor
298 Improvements — City Engineer Hankee reviewed the written staff report calling for a hearing to
299 consider the I35W improvements. The majority of the improvements are to the south of the city
300 however a small portion and a noise wall impact the city. The improvements are scheduled for 2022.
301 The public hearing will be to consider municipal consent on the project.
302
303 Council Member Manthey asked if there is already an easement to provide for the wall and City
304 Engineer Hankee said it will be within the existing MnDOT right/of/way.
305
306 Council Member Kusterman moved to approve Resolution No. 16-56 as presented. Council Member
307 Manthey seconded the motion. Motion carried on a voice vote.
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June 13, 2016
APPROVED
308 6F) Consider Resolution No. 16-48, Approving the Revised Joint Powers Agreement to
309 Protect and Manage the Vadnais Lake Area Watershed - Community Development Director
310 Grochala reviewed the written report. The resolution approves city participation in a revised joint
311 powers agreement with the Vadnais Lake Area Watershed District that represents an area of the city.
312 He briefly reviewed the changes to the agreement. Staff is recommending approval of the action.
313
314 The executive director of the organization attended the council work session and the council fully
315 reviewed changes at that time.
316
317 Council Member Rafferty moved to approve Resolution No. 1648 as presented. Council Member
318 Maher seconded the motion. Motion carried on a voice vote.
319
320 UNFINISHED BUSINESS
321
322 There was no Unfinished Business.
323
324 NEW BUSINESS
325
326 Council Member Maher had indicated that she had a new matter for discussion. She has decided that
327 the information is more appropriate for a work session and she will bring that forward in July.
328
329 COMMUNITY EVENTS
330
331 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, June 18 from
332 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items.
333
334 COMMUNITY CALENDAR
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336
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340
Comm unity Calendar - A Look Ahead
June 13, 2016 through June 27, 2016
Thursday, June 16 6:30 pm, Community Room Charter Commission
Monday, June 27 6:30 pm, Community Room Council Work Room
Monday, June 27 6:30 pm, Council Chambers City Council Meetinj
341
342 ADJOURN
343
344 There being no further business, Council Member Kusterman moved to adjourn at 8:28 p.m. Council
345 Member Manthey seconded the motion. Motion carried unanimously.
346
347 These minutes were considered and approved at the regular Council Meeting, June 27, 2016.
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Jeff Reinert, Mayor