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HomeMy WebLinkAbout10-10-2016 Council Packet (2)EXPANDED AGENDA CITY COUNCIL AGENDA Monday, October 10, 2016 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items Mayor Reinert removed Item 1E from the Consent Agenda so that it could be read at the meeting; the agenda was approved as amended 1. CONSENT AGENDA A) Consideration of Expenditures: i) October 10, 2016 (Check No. 10494 through 104663) in amt of $209,075.83 B) Consider approval of Sept. 26, 2016 Work Session Minutes C) Consider approval of Sept. 26, 2016 Council Meeting Minutes D) Consider Resolution 16-131, Off-Sale Liquor & Tobacco License for Liquor Barrel E) Proclamation Honoring Toastmasters Month 2016 Action Taken: Motion by Rafferty, seconded by Maher, to approve the Consent Agenda, Items 1A through 1D as presented, was adopted SPECIAL PROCLAMATION A) Proclamation Honoring Toastmasters Month 2016 Action Taken: Motion by Rafferty, seconded by Maher, to approve the proclamation as presented, was adopted 2. FINANCE DEPARTMENT No report 3. ADMINISTRATION DEPARTMENT No report Council Agenda -2- October 10, 2016 4. PUBLIC SAFETY DEPARTMENT No report 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Public Hearing, Consider Resolution No. 16-130, Adopting Special Assessments, Otter Lake Road Extension, Michael Grochala Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-130 as presented, was adopted B) Consider Resolution No. 16-128, Order the Project, Approving the Plans & Specifications and Authorizing the Ad for Bid, 2016 Surface Water Management Project, Diane Hankee Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 16-128 as presented, was adopted C) Consider Resolution No. 16-129, Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Service for the Improvement of Publically Owned Infrastructure, Diane Hankee Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 16-129 as presented, was adopted D) Consider Resolution No. 16-80, Approving A Minnesota Department of Transportation Final Layout, State Project 6284-172 I35W North Corridor Improvements, Michael Grochala No Action Taken E) Consider Resolution No. 16-132, Clarifying Licensing Requirements for Owner Installed Individual Sewage Treatment Systems (ISTS), Michael Grochala Action Taken: Motion by Rafferty, seconded by Manthey, to approve Resolution No. 16-132 as presented, was adopted (Maher – nay) 7. UNFINISHED BUSINESS None 8. NEW BUSINESS Public Safety Director Swenson provided an update on the recent helicopter crash in Lino Lakes Adjournment Motion by Rafferty, seconded by Manthey, to adjourn at 8:05 p.m., was adopted Following adjournment of the regular meeting, the council will reconvene in the Community Room for the Quarterly Public Safety Department Update Council Agenda -3- October 10, 2016 Community Calendar – A Look Ahead October 10, 2016 through October 24, 2016 Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Monday, October 24 6:00 pm, Community Room Council Work Session Monday, October 24 6:30 pm, Council Chambers City Council Meeting Updated 10/7/2016 CITY COUNCIL AGENDA Monday, October 10, 2016 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson 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 1. CONSENT AGENDA A) Consideration of Expenditures: i) October 10, 2016 (Check No. 10494 through 104663) in the amount of $209,075.83 B) Consider approval of Sept. 26, 2016 Work Session Minutes C) Consider approval of Sept. 26, 2016 Council Meeting Minutes D) Consider Resolution 16-131, Approving Off-Sale Liquor and Tobacco License for Liquor Barrel E) Proclamation Honoring Toastmasters Month 2016 2. FINANCE DEPARTMENT No report 3. ADMINISTRATION DEPARTMENT No report 4. PUBLIC SAFETY DEPARTMENT No report 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Public Hearing, Consider Resolution No. 16-130, Adopting Special Assessments, Otter Lake Road Extension, Michael Grochala Council Agenda -2- October 10, 2016 B) Consider Resolution No. 16-128, Order the Project, Approving the Plans & Specifications and Authorizing the Ad for Bid, 2016 Surface Water Management Project, Diane Hankee C) Consider Resolution No. 16-129, Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Service for the Improvement of Publically Owned Infrastructure, Diane Hankee D) Consider Resolution No. 16-80, Approving A Minnesota Department of Transportation Final Layout, State Project 6284-172 I35W North Corridor Improvements, Michael Grochala E) Consider Resolution No. 16-132, Clarifying Licensing Requirements for Owner Installed Individual Sewage Treatment Systems (ISTS), Michael Grochala. 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the council will reconvene in the Community Room for the Quarterly Public Safety Department Update Community Calendar – A Look Ahead October 10, 2016 through October 24, 2016 Wednesday, October 12 6:30 pm, Council Chambers Planning & Zoning Monday, October 24 6:00 pm, Community Room Council Work Session Monday, October 24 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL SPECIAL WORK SESSION September 26, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : September 26, 2016 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:28 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director Swenson; 11 Community Development Director Grochala; Finance Director Sarah Cotton; City Clerk 12 Julie Bartell. 13 14 1. 2017 Budget and Tax Levy – Finance Director Cotton noted the updated budget 15 documents included in the packet. She noted the Gap Analysis and how staff proposes to 16 continue seeking reductions in the amount of $26,000. She noted a flat tax capacity rate 17 of 45.985 percent. 18 19 There were no questions from the council. 20 21 2. Review Regular Agenda – 22 23 Finance Department – Finance Director Cotton reviewed her requests to the council. 24 25 Item 2Ai relates to issuance of bonds for the Aqua Lane project. 26 27 Items 2Aii and 2Aiii are refunding actions. Council Member Kusterman confirmed that 28 this is the appropriate time to move on refunding and that staff is monitoring other bonds 29 for the best opportunity. He also asked if the city could borrow from itself for these costs 30 and Ms. Cotton said it isn’t allowed and the city does practice that as able. Council 31 Member Kusterman asked that staff provide the actual statute language that governs the 32 practice. 33 34 Items 2B through 2G – All relating to the 2017 Preliminary budget, were reviewed. 35 36 A memorandum was distributed regarding Item 2D through Item 2G, all relating to the 37 cancelation of debt service for bond indebtedness because adequate resources are 38 available to make payment of the ensuing year debt service. 39 40 Item 6A – Community Development Director Grochala reviewed the three actions items, 41 all relating to the Clearwater Creek Business Park project. There will be continuing 42 discussion on the color of the building. There are trucks hauling out there, working on 43 the grading for a couple weeks yet. 44 45 CITY COUNCIL SPECIAL WORK SESSION September 26, 2016 DRAFT 2 Item 6B – Planner Larsen explained the addition of an audio/control room planned by 46 Eagle Brook Church. There were no issues presented in the advisory board process. 47 48 Item 6C – WSB Engineer Brian Bourassa noted the history of the project before the 49 council. The developer would like to get moving and that is purpose of requesting a 50 grading only permit. Council Member Manthey received a confirmation that there is 51 enough funding escrowed to take care of any potential problems. 52 53 Item 6D – WSB Engineer Brian Bourassa reviewed the bid results for the water main 54 project and also showed a drawing of the project area. The second part of the action 55 relates to a construction services contract for administration and other monitoring of the 56 project. 57 58 Item 6G – WSB Engineer Brian Bourassa briefly reviewed the final pay request for the 59 original project and alternate. The cost did run high because of an error by the engineer 60 and some funds were contributed by WSB as a result. It was a challenging project 61 overall but he’s proud of the result. Mayor Reinert asked if the amount of the final pay is 62 fair considering the fault of the contractor. Staff explained that this final pay represents 63 additional work that was necessary but wasn’t identified at the onset. The council 64 received confirmation that this will finish the project. 65 66 Item 6E – Community Development Director Grochala gave a short overview of the 67 action requesting authorization for an easement over a city trail. 68 69 The meeting was adjourned at 6:28 p.m. 70 71 These minutes were considered, corrected and approved at the regular Council meeting held on 72 October 10, 2016. 73 74 75 76 77 Julianne Bartell, City Clerk Jeff Reinert, Mayor 78 79 COUNCIL MINUTES September 26, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : September 26, 2016 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:40 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 8 Manthey, and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Finance Director Sarah Cotton; City Planner Katie Larsen; Director of Public Safety John 13 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 SPECIAL PRESENTATION 24 25 Barb Culp, representing the Lino Lakes Ambassadors Program, thanked the city and council for their 26 support of the Ambassadors Program and she presented the three individuals who will represent the 27 city as ambassadors for the coming year - Rachel Steinberg, Morgan Belting and Olivia Anizor. The 28 ambassadors reviewed some of their plans for the near future. Mayor Reinert expressed his support 29 for the program. 30 31 CONSENT AGENDA 32 33 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1F, as presented. 34 Council Member Maher seconded the motion. Motion carried on a voice vote. 35 36 ITEM ACTION 37 38 Consideration of Expenditures: 39 40 A) Consideration of Expenditures: 41 i) September 26, 2016 (Check No. 104486 through 104593) Approved 42 in the amount of $413,742.85 43 B) Consider approval of September 6, 2016 Work Session Minutes Approved 44 COUNCIL MINUTES September 26, 2016 DRAFT 2 C) Consider approval of September 12, 2016 Council Meeting Approved45 Minutes 46 D) Consider approval of Resolution No. 16-102, Appointing Approved 47 additional election judges for the November 8 General Election 48 E) Consider Resolution 16-117, Peddler License for The Window Approved 49 Store 50 F) Consider approval of September 12, 2016 Special Session Approved 51 Minutes 52 53 FINANCE DEPARTMENT REPORT 54 55 2A) Recommendations for Issuance of Bonds: 56 i. Consider Resolution No. 16-116, Providing for the Issuance and Sale of Approximately 57 $1,420,000 General Obligation Water Utility Revenue Bonds, Series 2016A 58 ii. Consider Resolution No. 16-125, Providing for the Issuance and Sale of Approximately 59 $1,980,000 Taxable General Obligation Improvement Refunding Bonds, Series 2016B 60 iii. Consider Resolution No. 16-126, Providing for the Issuance and Sale of Approximately 61 $1,600,000 General Obligation Tax Abatement Refunding Bonds, Series 2016C 62 Director Cotton reviewed the three proposed bond issuances, one to fund the Aqua Lane project and 63 two refunding issues. She noted the recommendation of the city’s financial advisor, Springsted, Inc., 64 to proceed with these reissuances. She introduced Springsted representative Paul Steinman. 65 Council Member Kusterman clarified that the impact upon taxpayers won’t change for the refunding 66 because the bonds already exist. 67 Mayor Reinert clarified that the city is saving by refunding, something in the area of $25,000. 68 Council Member Kusterman moved to approved Resolution No. 16-116 as presented. Council 69 Member Manthey seconded the motion. Motion carried on a voice vote. 70 Council Member Kusterman moved to approved Resolution No. 16-125 as presented. Council 71 Member Manthey seconded the motion. Motion carried on a voice vote. 72 Council Member Kusterman moved to approved Resolution No. 16-126 as presented. Council 73 Member Manthey seconded the motion. Motion carried on a voice vote. 74 2B) Consider Resolution No. 16-119, Adopting the Preliminary 2016 Tax Levy, Collectible in 75 2017 - Director Cotton reported that the resolution adopts the city’s preliminary tax levy. She noted 76 that this would represent the city’s maximum levy and it can be lowered but not raised. She 77 explained the basis of the levy proposed and also the amount it represents. 78 Mayor Reinert noted that valuations have risen in the city in an amount over six percent. What the 79 city is doing tonight is setting a maximum levy percentage and he is hoping that the council will work 80 to bring it down further. In good conscience he cannot support the levy as presented because he 81 doesn’t see it as living within means. 82 COUNCIL MINUTES September 26, 2016 DRAFT 3 Council Member Manthey noted multiple meetings on the budget and that he feels the council has 83 reviewed it well. He has seen reductions through this process; he hopes it can go lower and he 84 appreciates the work of staff. 85 Mayor Reinert recalled a time when the council literally went through every item in the budget in 86 order to reduce the budget lower than what staff said they absolutely needed; he will be continuing 87 review. 88 Council Member Manthey moved to approved Resolution No. 16-120 as presented. Council Member 89 Maher seconded the motion. Motion carried on a voice vote. (Nay – Reinert, Rafferty) 90 91 2C) Consider Resolution No. 16-120, Setting the Date and Time for the Public Hearing for 92 the Proposed 2017 Operating Budget and 2016 Tax Levy, Collectible in 2017 – Director Cotton 93 explained the requirement to hold a public hearing on the tax levy and time proposed for the city. 94 Council Member Maher moved to approved Resolution No. 16-120 as presented. Council Member 95 Manthey seconded the motion. Motion carried on a voice vote. 96 97 2D) Consider Resolution No. 16-121, Canceling the 2016/2017 Debt Service Tax Levy for 98 G.O. Tax Increment Financing Bond, Series 2007A – Director Cotton reviewed the request to 99 cancel the tax levy based on staff’s analysis indicating the levy is not needed for payment of debt 100 service. The debt relates to the 35W/Lake Drive interchange. 101 Council Member Maher moved to approve Resolution No. 16-121 as presented. Council Member 102 Rafferty seconded the motion. Motion carried on a voice vote. 103 2E) Consider Resolution No. 16-122, Canceling the 2016/2017 Debt Service Tax Levy for the 104 G.O. Improvement Bond, Series 2013A – Director Cotton reviewed the request to cancel the tax 105 levy based on staff’s analysis indicating the levy is not needed for payment of debt service. The debt 106 relates to the Otter Lake Road Project 107 Council Member Rafferty moved to approved Resolution No. 16-122 as presented. Council Member 108 Maher seconded the motion. Motion carried on a voice vote. 109 2F) Consider Resolution No. 16-123, Canceling the 2016/2017 Debt Service Tax Levy for 110 G.O. Bond, Series 2014 – Director Cotton reviewed the request to cancel the tax levy based on 111 analysis indicating the levy is not needed for payment of debt service. The debt relates to the 21st 112 Avenue Extension/Northpoint Utilities and Utility Improvements (Well #6 and Wellhouse. 113 Council Member Maher moved to approved Resolution No. 16-123 as presented. Council Member 114 Manthey seconded the motion. Motion carried on a voice vote. 115 2G) Consider Resolution No. 16-124, Canceling the 2016/2017 Debt Service Tax Levy for 116 G.O. Capital Note, Series 2016A, - Director Cotton reviewed the request to cancel the tax levy basd 117 on staff’s analysis that the levy is not needed for payment of debt service. The debt relates to 118 payments made to the City of Circle Pines for the cable communications system upgrade project of 119 North Metro Telecommunications. 120 121 COUNCIL MINUTES September 26, 2016 DRAFT 4 Council Member Maher moved to approved Resolution No. 16-124 as presented. Council Member 122 Manthey seconded the motion. Motion carried on a voice vote. 123 ADMINISTRATION DEPARTMENT REPORT 124 125 There was no report from the Administration Department. 126 127 PUBLIC SAFETY DEPARTMENT REPORT 128 129 There was no report from the Public Safety Department. 130 131 PUBLIC SERVICES DEPARTMENT REPORT 132 133 There was no report from the Public Services Department. 134 135 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 136 137 6A) Clearwater Creek Business Park: 138 i. Consider Resolution No. 16-109, Approving Final Plan/Final Plat, Clearwater Creek Business 139 Park – Community Development Director Grochala reviewed a presentation that included a site 140 overview, a development plan and plat, and a view of the architecture planned for the building (colors yet 141 to be decided). Items of concern that have been addressed are screening from the residential area, 142 placement of an exterior recycling enclosure, site landscaping (including upgrade of trees), screening 143 along the highway, and a unique feature that is a conservation area. He reviewed the extension of 21st 144 Avenue, a portion of which will be included in Centerville and for which an easement from them will be 145 required. He reviewed the first phase of that street development. The overall plans comply with the 146 preliminary approval; conditions are attached. He also noted the flood zone implications. He noted the 147 development agreement and joint powers agreement related to 21st Avenue (with the City of Centerville). 148 Mayor Reinert checked on the actions of the advisory Boards (Environmental and Planning & Zoning) 149 which were both unanimous in approval. 150 Council Member Maher moved to approve Resolution No. 16-109 as presented. Council Member 151 Manthey seconded the motion. Motion carried on a voice vote. 152 ii. Consider Resolution No. 16-110, Approving Development Agreement, Clearwater Creek 153 Business Park 154 Community Development Director Grochala reviewed the terms of the proposed agreement. 155 Council Member Maher moved to approve Resolution No. 16-110 as presented. Council Member 156 Manthey seconded the motion. Motion carried on a voice vote. 157 iii. Consider Resolution No. 16-111, Approving Joint Powers Agreement with City of 158 Centerville, 21st Avenue Road Extension – Community Development Director Grochala explained the 159 need for a joint powers agreement with the City of Centerville for 21st Avenue that assigns roles and 160 responsibilities (to the cities) as appropriate, with larger items such as resurfacing to be negotiated in the 161 future. 162 COUNCIL MINUTES September 26, 2016 DRAFT 5 Council Member Maher moved to approve Resolution No. 111 as presented. Council Member Rafferty 163 seconded the motion. Motion carried on a voice vote. 164 6B) Consider Resolution No. 16-127 Approving Conditional Use Permit Amendment and Site 165 Plan Review for Addition for Audio/Video Control Room at Eagle Brook Church – City Planner 166 Larsen reviewed a PowerPoint presentation including: 167 - an addition to northwest corner of existing facility of an audio control facility; 168 - size of existing facility and of proposed addition; 169 - site location and aerial map indicating location of addition; 170 - need for a conditional use permit since the area is zoned rural; 171 - existing building and addition of a small storm pond; 172 - a building plan and color rendering; 173 - Planning and Zoning board approval; 174 - safety plans for sprinkling equipment (plans were thoroughly reviewed by the fire chief); 175 - compliance of the plans to the city’s regulations and guides. 176 Council Member Maher to approve Resolution No. 16-127 as presented. Council Member Manthey 177 seconded the motion. Motion carried on a voice vote. 178 6C) Consider Resolution No. 16-108 Approving Grading Agreement for St. Clair Estates – WSB 179 Engineer Brian Bourassa reported that the resolution approves a grading agreement for the project. He 180 reviewed the history of the project, noting that the final plans and plat will be coming forward this fall 181 but the developer wishes to receive approval of just this agreement to allow them to begin operations on 182 grading quickly. 183 Council Member Kusterman moved to approve Resolution No. 16-108 as presented. Council Member 184 Maher seconded the motion Motion carried on a voice vote. 185 6D) 2016 Aqua Lane to Black Duck Drive Trunk Water Main Project – WSB Represntative 186 Brian Bourassa explained that the resolutions provide authorization for staff to accept the bids received 187 and to allow staff to execute a construction services contract with WSB and Associates to monitor the 188 project as necessary. 189 i. Consider Resolution No. 16-113 Accepting bids and Awarding a Construction Contract 190 Council Member Kusterman moved to approve Resolution No. 16-113 as presented. Council Member 191 Maher seconded the motion. Motion carried on a voice vote. 192 ii. Consider Resolution No. 16-114 Approving Construction Services Contract with WSB & 193 Associates 194 Council Member Kusterman move dto approve Resolution No. 16-114 as presented. Council Member 195 Maher seconded the motion. Motion carried on a voice vote. Council Member Rafferty abstained from 196 voting. 197 COUNCIL MINUTES September 26, 2016 DRAFT 6 Consider Resolution No. 16-112, Approving Conveyance of Trail Easement to Anoka County, 198 Legacy at Woods Edge Regional Trail Connection – Community Development Director Grochala 199 reported that the resolution provides for an easement over a trail as is being requested by Anoka County. 200 Council Member Manthey moved to approve Resolution No. 16-112 as presented. Council Member 201 Rafferty seconded the motion. Motion carried on a voice vote. 202 6E) Consider Resolution No. 16-81, Approving Payment No. 8 and Final, 2015 Street 203 Reconstruction Project (Shenandoah Area) – WSB Representative Brian Bourassa reported that the 204 resolution approves a final payment for the 2015 street reconstruction project. The final payment amount 205 was noted as well as the final total project cost. Council Member Rafferty suggested that this project was 206 well done as it needed to be. Mayor Reinert remarked on doing what was right for the residents in this 207 case (allowing wells to remain). 208 Council Member Kuserman moved to approve Resolution No. 16-81 as presented. Council Member 209 Maher seconded the motion. Motion carried on a voice vote. 210 6G) Consider Resolution No. 16-115 Approving Change Order No. 2 and Final Pay Voucher No. 211 4, 2015 Mill and Overlay Project – WSB Representative Brian Bourassa reported. The resolution 212 providing for a change order and final payment for the 2015 Mill and Overlay project. The project is 213 complete and staff is prepared to recommend approval of these actions. He noted the change order, final 214 payment and overall project cost. Good to get this challenging project buttoned up. 215 Council Member Rafferty moved to approve Resolution No. 16-115 as presented. Council Member 216 Maher seconded the motion. Motion carried on a voice vote. 217 6H) Consider Resolution No. 16-118, Approving Payment No. 7 and Final, Birch Street & 218 Centerville Road Street and Trunk Utility Improvements – WSB Engineer Represenative Brian 219 Bourassa reviewed the written report on the project and the staff recommendation to move forward with 220 a final payment. Final costs were noted. 221 Coucnil Member Kusterman moved to approve Resolution No. 16-118 as presented. Council Member 222 Maher seconded the motion. Motion carried on a voice vote. 223 224 UNFINISHED BUSINESS 225 226 There was no Unfinished Business. 227 228 NEW BUSINESS 229 230 There was no New Business. 231 232 COMMUNITY EVENTS 233 234 ABSENTEE VOTING STARTED Friday, September 23. You may vote early at City Hall. Hours 235 are 8:00 a.m. to 4:30 p.m. Monday through Friday. Information is available on the City website to 236 apply for a ballot by mail. 237 238 COUNCIL MINUTES September 26, 2016 DRAFT 7 WALDOCH FARM PUMPKIN PATCH AND CORN MAZE will be open daily September 17 239 through October 31 from 10:00 a.m. to 7:00 p.m. 240 241 BACKYARD BIRDS - learn more about the birds in our backyard! Over 100 birds call Lino Lakes 242 home - Please join us on Wednesday, September 28 at 6:30 p.m. in the City Hall chambers 243 244 COMMUNITY CALENDAR 245 246 Community Calendar – A Look Ahead 247 September 26, 2016 through October 10, 2016 248 Wednesday, September 28 6:30 pm, Council Chambers Environmental Board 249 Monday, October 3 6:00 pm, Community Room Council Work Session 250 Thursday, October 6 8:00 am, Community Room EDAC 251 Monday, October 10 6:00 pm, Community Room Council Work Session 252 Monday, October 10 6:30 pm, Council Chambers City Council Meeting 253 254 ADJOURN 255 256 There being no further business, Council Member Kusterman moved to adjourn at 7:40 p.m. Council 257 Member Maher seconded the motion. Motion carried unanimously. 258 259 These minutes were considered and approved at the regular Council Meeting, October 10, 2016. 260 261 262 263 264 Julianne Bartell, City Clerk Jeff Reinert, Mayor 265 266 AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: October 10, 2016 TOPIC: Consider Resolution 16-131, Approving Off-Sale Liquor and Tobacco License for Kevin Johnson, Liquor Barrel VOTE REQUIRED: 3/5 INTRODUCTION Mr. Kevin Johnson has applied for an Off-Sale Liquor and Tobacco license and is in the process of purchasing the Liquor Barrel located at 7997 Lake Drive. BACKGROUND The application submitted to the City is complete, the related fees have been paid and insurance information has been provided to the City as required. In addition, the Lino Lakes Police Department has conducted the required background investigation on the applicant. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing, this application requires approval by the City Council. The code also requires that opportunity shall be given to any person to be heard for or against the granting of the license. The council may then, in its discretion, grant or refuse the application. If local approval is granted, Mr. Kevin Johnson’s application for an off-sale liquor and tobacco license will be forwarded to the Minnesota Alcohol & Gambling Enforcement Division for review. The State of Minnesota is the licensing authority for liquor licenses. The applicant is aware that approval is subject to all the provisions and conditions of the laws of the city, state and federal government. RECOMMENDATION Staff recommends the approval of the Off-Sale Liquor and Tobacco Licenses for Liquor Barrel. ATTACHMENTS Resolution No. 16-131 CITY OF LINO LAKES RESOLUTION NO. 16-131 APPROVING ISSUANCE OF AN OFF-SALE INTOXICATING LIQUOR AND TOBACCO LICENSE TO LIQUOR BARREL WHEREAS, Kevin Brown has submitted an application for an off-sale intoxicating liquor and tobacco license at 7997 Lake Drive in Lino Lakes; and WHEREAS, city staff has reviewed said application and determined that the request meets the requirements of the City Code and Minnesota State Statutes for the type of licenses requested; and WHEREAS, the Police Department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS, the applicant has provided proof of insurance as required and has paid the necessary fees; and WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board and will receive final approval upon completion of their inspection; NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves an off-sale intoxicating liquor and tobacco license for Round One Liquor Corporation subject to compliance to all the provisions and conditions of the laws of the city, state and federal government. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 PROCLAMATION HONORING TOASTMASTERS MONTH OCTOBER, 2016 WHEREAS, Toastmasters International, the world’s leading organization devoted to communication, public speaking and leadership skills, provides a mutually- supportive and positive learning environment in which every member has the opportunity to develop their communication and leadership skills which, in turn, fosters self- confidence and personal growth; and WHEREAS, Toastmasters, founded October 1924, has over 345,000 members in 142 countries, with over 14,200 clubs worldwide; and WHEREAS, Toastmasters clubs are made up of 20-30 people who gather weekly to follow an agenda of prepared speeches, impromptu speeches and evaluations as members learn through practice, by listening to one another, and by studying educational manuals from Toastmasters International which offer guidelines for speeches, and the monthly Toastmaster magazine is an excellent source to gain everyday speaking tips – for both personal and professional use. NOW, THEREFORE, I, Jeff Reinert Mayor of the City of Lino Lakes, do hereby proclaim October 2016 in the City of Lino Lakes as: “TOASTMASTERS MONTH” in the City of Lino Lakes and urge all citizens to join me in congratulating Toastmasters for the inspiring role they play in assisting individuals develop self- confidence and communication skills which enhance all aspects of their lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed. Adopted by the Lino Lakes City Council on October 10, 2016. __________________________ Jeff Reinert, Mayor __________________________ Attest: Julie Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 10, 2016 TOPIC: Consideration of Resolution No. 16-130, Adopting Proposed Assessment, Otter Lake Road Extension VOTE REQUIRED: 3/5 Vote INTRODUCTION Staff is requesting City Council consideration to adopt assessments for the Otter Lake Road Extension Project. BACKGROUND The City Council authorized preparation of a Feasibility Study for the Otter Lake Road Extension Improvements on May 23, 2011. The study was received by the Council on January 9, 2012. Following the required mailed and published notice the City Council held a public hearing on February 13, 2012. On March 12, 2012 the Council approved Resolution No. 12-27 authorizing preparation of plans and specifications. In June of 2012 the City Council ordered the improvement. The project was awarded to Arnt Construction Company on March 11, 2013. The project improvements included a four lane extension of Otter Lake Road, from Main Street to a point approximately 360 feet north. The project limits extend an additional 270 feet northerly to accommodate stormwater ponding improvements. The project also includes the extension of sanitary sewer and water main, storm sewer, bituminous trail and traffic signal modifications. On September 12, 2016, the City Council approved Resolution No. 16-106, calling the hearing on the proposed assessment for the Otter Lake Road Extension project. The total cost of the improvement is $714,561. Staff has allocated the costs of the project to abutting benefitted properties and the assessment roll has been prepared. To determine the amount to be assessed staff subtracted oversizing costs for sanitary sewer and water of $36,376 from the total project cost. This resulted in an amount proposed for assessment of $678,185.00. This amount was distributed equally between the abutting properties lying east and west of the improvements in the amount of $339,093.00. This amount was further allocated to the Main Street Shoppes Plat, between Lot 1, Block 1 and Outlot A, based on the development agreement for the project. The amount proposed to be assessed to BLINO, LLC was reduced to $190,000.00 based on a special benefit appraisal prepared for the City by BRKW Appraisals. 2 The remaining cost to be paid by the City is $149,092 and is funded from the municipal state aid street fund. The proposed assessments will be spread over 10 years with an interest rate of 5%. A property owner may pay the entire assessment on the property with interest accrued to the date of payment to the City. However, no interest will be charged if the entire assessment is paid within 30 days of the adoption of the assessment. The assessment for Lot 1, Block 1, Main Street Shoppes has been prepaid. A public hearing is required by law prior to consideration to adopt the assessments. Property owners have the opportunity to comment on the proposed assessment during the hearing. Notice of the hearing was published in the Quad Press two weeks prior to the hearing. Mailed notice was also provided to property owners in accordance with statutory provisions. RECOMMENDATION Staff is recommending approval of Resolution No. 16-130 Adopting Assessments. ATTACHMENTS 1. Resolution No. 16-130 2. Proposed Assessment Roll 3. Project Layout CITY OF LINO LAKES RESOLUTION NO. 16-130 A RESOLUTION ADOPTING ASSESSEMENT FOR THE OTTER LAKE ROAD EXTENSION ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Otter Lake Road between Main Street and a point approximately 630 feet northerly of Main Street by street construction, installation of sanitary sewer, water main, storm sewer, traffic control signals and pedestrian/bicycle facilities; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and is on file for public inspection. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2017, and shall bear interest at the rate of 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the count y auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 CITY OF LINO LAKES, MINNESOTAOtter Lake Road ExtensionAssessment Role Owner Name Anoka County PIN Legal Description Amount BLINO LLC 24-31-22-12-0001 THE NW1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RDS, SUBJ TO EASE OF REC 190,000.00$ Amy Hughes Ruggles Trustee Mary Elizabeth Hughes Trustee 24-31-22-11-0007 LOT 1 BLOCK 1 MAIN STREET SHOPPES 37,946.18$ CM Properties 14, LLC 24-31-22-11-0008 OUTLOT A MAIN STREET SHOPPES 301,146.82$ Total 529,093.00$ IJ84 §¨¦I-35E 24TH AVE24TH AVE21ST AVE21ST AVE24TH AVE24TH AVE7 0 T H S T70TH S TNNOORRTTHHEERRNNLLIIGGHHTTSSBBLLVVDD OTTER LAKE RDOTTER LAKE RDOTTER LAKE RDOTTER LAKE RD2 4 1 3 0 4 0 0 8 0 0 1 ,2 0 0200Fe e t 10/6/2016 Otter Lake Road Extension General Location Map Ü P r o j e c t A r e a CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 10, 2016 TOPIC: Consider Resolution No. 16-128 Order Project, Approving the Plans & Specifications and Authorizing the Ad for Bid, 2016 Surface Water Maintenance Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting Council order the project, approve plans and specifications and authorizing advertisement for bids for the 2016 Surface Water Maintenance Project. BACKGROUND In accordance with the City’s Surface Water Management Plan, sites have been identified for annual maintenance. Proposed improvements to the storm sewer system include cleaning of storm sewer outfalls, removal of vegetation and sediment deltas in stormwater ponds, minor pond excavation and storm sewer structure repair/replacement. Sites are selected for maintenance based on public input, input from Public Works, and feasibility of locations. The proposed project includes 15 sites throughout the city that have been identified for maintenance of publically owned stormwater infrastructure. Please refer to the attached map for specific site locations. The budget for the project is $100,000. The schedule for this project is as follows: City Council Order Project, Authorizes Plans and Specifications October 10, 2016 City Council Approves Plans and Specifications October 10, 2016 City Council Authorizes Ad for Bids October 10, 2016 City Open Bids November 3, 2016 City Council Awards Contract November 14, 2016 Construction Begins November 16, 2016 Final Completion December 31, 2016 RECOMMENDATION Staff recommends adoption of Resolution No. 16-128 to Order the Project, Approve the Plans & Specifications and Authorizing the Ad for Bid, 2016 Surface Water Maintenance Project. ATTACHMENTS 1. Resolution No. 16-128 2. Location Map CITY OF LINO LAKES RESOLUTION NO. 16-128 RESOLUTION ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2016 SURFACE WATER MAINTENANCE PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2016 Surface Water Maintenance Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. The project is hereby ordered and the City Engineer is directed to advertise for bids, provide construction observation, and close out the project once it is complete. The City clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at 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 November 14, 2016, 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 10th day of October, 2016. 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 !5 !5 !5 !5 !5!5 !5 !5!5!5 !5 !5 !5 !5 !5 Centerville Lake Peltier Lake Reshanau Lake Rice Lake Marshan Lake George Watch Lake Baldwin Lake Amelia Lake Otter Lake Cedar Lake Wards Lake Sherman Lake CENTERVILLE %&d( %&c( %&c( GnWX GwWX GÀWX Site 3-340 Pine St Site 11-7961 Henry Ln Site 7-7718 Mustang Ln Site 4-7624 Gordon Ave Site 6-1580 LaMotte CirSite 13-1554 LaMotte Dr Site 14-1366 Wolf Cir Site 9-6556 White Oak Rd Site 15-12th AveSite 12-726 & 738 County Lakes Dr Site 1-1183 Durango Pt Site 8-1144 Hudson Trl Site 10-2001 Otter Lake Dr Site 2-212 Ulmer Dr Site 5-6238 Baldwin Lake Rd ELMCREST AVE NOTTER LAKE RDDIANE CT OSPREY CTHIGHLAND DRF O X CIR TART LAKE RDIVY RIDGE LNCOUNTY ROAD JDEERWOOD LNCEDAR ST W T I MBERWOL F T RLLAKE DR NEM O UND TRLAQUA CIR21ST AVE SLAMOTTE DRRED FOX RDINTERSTATE 35ELAKOTA TRLAQUA LNAPOLLO DR2ND AVEGLENVIEW LNGOIFFON RDSNOW OWL LNLEA CTM E A D O W L NOAK CTPARK CT 74TH ST IN TE R S TA TE 35W R O N D E A U LA K E R D W GLADSTONE DR NORTH R D 62ND ST DUPRE RDPHEASANT LNHENRY LNROHAVIC LN KARTH RDMARILYN DRLOIS LNBLOOM CT4TH AVERAVENS CT POST RDLINDA CT CENTERVILLE RDEVERGREEN TRL M U S T A N G L N DIA N E S T STEVEN LN ROBIN LN S ARROWHEAD DR MORGAN LN ASPEN LN FOXTAIL DRMAIN ST H U N T E R S T R L MARVY ST TELE DRTEAL CTHOLLOW LNRIVER BIRCH PLHOKAH DRPELTIER LAKE DRJON AVECONNIE L N WOOD DUCK TRL20TH AVE NLANGER LN 64TH ST 65TH STCOUNTRY LNMARCIA LN C A R L S T MOLITOR DR FOXTAIL CTELBE STK E L LY S T SUNRISE DRHOLLY DR N72ND ST 20TH AVE SPLUM LN 82ND ST E MAPLE ST CENTER ST MARSHAN LN KNOLL DRLAKE DR81ST ST W WARE RDQUEBEC ST OLIVE ST AENON PLNANCY DRAPPALOOSA LNW H I T E P I N E R D LILAC ST 77TH ST W 81ST ST E ASH ST SHAD AVELINDEN LNLAKEVIEW DRPHELPS RDSUNSET AVETHOMAS ST W O O D L A N D D R WO O D R I D G E L N G STCAROLE DRP E LTIE R CIR R O N D EA U LA K E RD ELEONARD AVERICE LAKE LNRICE LAKE DRHAW THORN RD OAK LN CEDAR ST EOAKLAND DR77TH ST E OLD BIRCH STPARKWAY RD ESHADOW LAKE DR WBIRCH ST F ST 80TH ST E Document Path: K:\02988-300\GIS\Maps\2016StormwaterMaintenanceProject.mxdÜ 0 3,500Feet Site Location Map2016 Stormwater Maintenance ProjectLino Lakes, MN CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 10, 2016 TOPIC: Consider Resolution No. 16-129 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting Council accept and approve the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services. BACKGROUND The Minnesota Legislature has appropriated to the Metropolitan Council of Environmental Services (MCES) in the 2014 State Bonding Bill, $2,000,000 for a grant program to be administered by the MCES for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program). The City of Lino Lakes has submitted an application to the MCES for grant funding for improvements to the publically owned sanitary sewer system to reduce inflow and infiltration. The MCES has determined to contribute one-half of the actual amount of eligible expenses during the grant activity period up to an estimated Preliminary Minimum Allocation (PMA) of $25,000. In addition to the PMA an additional Final Reimbursement Amount (FRA) will be allocated proportionally to grant participants, determined based on eligible project expenses submitted and available remaining grant program funds. The City of Lino Lakes has incurred eligible expenses while completing the 2015 Street Reconstruction – Shenandoah Area Project. Documentation from the project as well as this proposed resolution will be submitted to the MCES as part of the reimbursement process. RECOMMENDATION Staff recommends adoption of Resolution No. 16-129 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure. ATTACHMENTS 1. Resolution No. 16-129 CITY OF LINO LAKES RESOLUTION NO. 16-129 A RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE METROPOLITAN COUNCIL OF ENVIRONMENTAL SERVICES FOR THE IMPROVEMENT OF PUBLICALLY OWNED INFRASTRUCTURE (MCES Agreement #SG_________) WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council of Environmental Services (MCES) in the 2014 State Bonding Bill, $2,000,000 for a grant program to be administered by the MCES for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program). WHEREAS, the MCES has identified the City of Lino Lakes as a contributor of excessive inflow and infiltration to the MCES metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. WHEREAS, grant monies will be awarded to pre-approved municipalities for a pre-determined amount up to 50% of eligible improvements completed between May 20, 2014 and October 30, 2016. WHEREAS, The City of Lino Lakes has submitted an application to the Metropolitan Council of Environmental Services (MCES) for grant funding for improvements to the publically owned sanitary sewer system to reduce inflow and infiltration; and WHEREAS, The MCES has determined to contribute one-half of the actual amount of eligible expenses during the grant activity period up to an estimated Preliminary Minimum Allocation (PMA) of $25,000. In addition to the PMA an additional Final Reimbursement Amount (FRA) will be allocated proportionally to grant participants, determined based on eligible project expenses submitted and available remaining grant program funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The City of Lino Lakes has budgeted and completed the City’s portion of the improvements as set forth in the agreement; and 2. The City Council agrees to accept and approve the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services; and 3. The Mayor and Clerk are hereby authorized and directed to execute said Agreement for and on behalf of the City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 10, 2016 TOPIC: Consider Resolution No. 16-80, Approving Municipal Consent, I- 35W North Corridor Improvements VOTE REQUIRED: 3/5 INTRODUCTION Council is to consider approving municipal consent for the Interstate 35W North Corridor improvement project. BACKGROUND The Minnesota Department of Transportation (Mn/DOT) is currently completing preliminary design of the 35W North Corridor Project. The proposed project will add a lane in each direction from Highway 36 to Lexington Avenue in Blaine. The lanes will be managed under the MnPass program. Eight (8) additions spot improvements along the corridor are also being recommended as part of the project. Construction is anticipated to start in 2019. Project Purpose MnDOT has identified a number of factors justifying the need for the I-35W North Corridor Project. These factors include pavement conditions, mobility, travel time reliability, and transit and carpool advantages. Improvements Within Lino Lakes While the added lane only extends to Lexington Avenue the project will involve some resurfacing work past Sunset Avenue and into Lino Lakes. As a result, a noise wall is being proposed for the south side of the interstate within Lino. Work within Lino Lakes includes repaving approximately 400 feet of the existing northbound and southbound main lines east of Sunset Avenue and construction of approximately 1,600 feet of noise wall on the south side of the interstate. There are no City costs and no City maintenance responsibilities proposed with the project. Planned Project Schedule The proposed project schedule is: • August 2018: Project Letting. • September 2018: Minor construction begins with limited lane closures and minor traffic impacts. • April 2019: Major construction begins with major lane and ramp restrictions and major traffic impacts. • November 2023: Construction is completed. Municipal Consent Since the project extends into Lino Lakes, Mn/DOT has requested municipal consent from the City as with other municipalities along the corridor. The procedure for municipal consent is as follows: 1. City schedules and holds a public hearing. The City Council held the required hearing on August 22, 2016. A representative of Mn/Dot provided a review of the project, including its’s MnPass designation. No public comment was received. 2. City passes a resolution, within 90 days of the public hearing, approving or disapproving the project layout. The City has until October 30, 2016 to act on the request. If no action is taken by the City within 90 days, the layout is deemed approved. 3. If City disapproves, Mn/DOT may decide to: a. Meet the City’s condition b. Go to the appeal process c. Stop the project or scale the project down so that municipal consent is no longer required. 4. Alternatively, the City could waive its right to municipal consent. The City’s review, with regards to the layout approval, is limited to the project elements with the City. A city cannot impose a condition on its approval that is outside of the city’s boundaries. Council Consideration Following the August 22, 2016 public hearing, at the request of council, a resolution was drafted approving the layout, but opposing the designation of the new lanes as MnPass lanes. The resolution was distributed to the City Council for discussion at the September 6, 2016 work session (attached as Resolution No. 80A). Mn/DOT staff were present to discuss the project and answer questions. Mn/DOT has determined that Resolution No. 80A is a denial of the project layout because it opposes and restricts how the lanes are signed and operated. If adopted, Mn/DOT will have to decide on how to proceed. Their options include: 1. Mn/DOT can change the project to satisfy the City’s conditions. Mn/DOT is not likely to remove the MnPASS designation and restrictions for the new lanes. The project has been proposed and designed based on the use of managed lanes. Additionally, the additional lanes are not located with Lino Lakes. The City does not have authority over how Mn/DOT operates the system. 2. Mn/DOT can proceed to the Appeal Process for Municipal Consent. 3. Mn/DOT can modify the scope & schedule of the project so that Municipal Consent is no longer required by Lino Lakes. This would mean removal of the noise wall and other improvements within Lino Lakes. At the October 3, 2016 City Council work session staff presented additional options for consideration. Resolution No. 16-80B was drafted by the City Attorney in response to Mn/DOT comments as an alternative resolution that modifies the recitals to reflect the Council’s general opposition to MnPass Lanes but otherwise approves the layout. Mn/DOT staff is in agreement with this language. Alternatively, the council may wish to consider a resolution that simply approves the project layout (Attached as Resolution No. 16-80C). Additional information on the project can be found on the Mn/DOT project website at http://www.dot.state.mn.us/metro/projects/i35wroseville/index.html. OPTIONS 1. Adopt Resolution 16-80A, Approves layout with condition of no lane restrictions (Mn/Pass) 2. Adopt Resolution 16-80B. Opposes Mn/Pass in general but approves layout. 3. Adopt Resolution 16-80C. Approves layout 4. Take no action. Layout deemed to be approved if no disapproval within 90 days of the public hearing (October 30, 2016). ATTACHMENTS 1. Lino Specific Improvements Map 2. Resolution No. 16-80A 3. Resolution No. 16-80B 4. Resolution No. 16-80C 5. Minn. Stats. 161.164 Layout Approval Process Project Layout Lexington Ave (Blaine) through Sunset Ave (Lino Lakes) End of Resurfacing Approx. 1600’ Proposed Noise Wall Existing Wall Start new SB Lane CITY OF LINO LAKES RESOLUTION NO. 16-80A A RESOLUTION APPROVING A MINNESOTA DEPARTMENT OF TRANSPORTATION FINAL LAYOUT FOR STATE PROJECT 6284-172 I35W NORTH CORRIDOR WITHIN THE MUNICIPAL LIMITS OF LINO LAKES WHEREAS, a Public Hearing on the final layout for State Project 6284-172 for improvements to the Interstate 35W North Corridor was held by the City Council of Lino Lakes on August 22, 2016; and WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project Layout 1A, 6284-172 on Interstate 35W North, from Sunset Avenue to approximately 1,600 feet northeast within the City of Lino Lakes for corridor improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District, Minnesota Department of Transportation office, Roseville, Minnesota, being marked as S.P. 6284-172, Layout 1A, from R.P. 680+00 to 696+00. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes approves Minnesota Department of Transportation Recommended Final Layout for the improvement 6284-172 on Interstate 35W North Corridor within the corporate limits of Lino Lakes. BE IT FURTHER RESOLVED, that the City Council of the City of Lino Lakes supports the construction of sound barriers and additional lanes to I-35W between Highway 36 and County Road 17, as those improvements are clearly needed, but opposes designating the additional lanes as MnPass lanes and opposes any specific restriction or special purpose of the additional lanes. The new lanes shall be open to all given that all taxpayers are financially supporting their construction. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 CITY OF LINO LAKES DRAFT RESOLUTION NO. 16-80B A RESOLUTION APPROVING A MINNESOTA DEPARTMENT OF TRANSPORTATION FINAL LAYOUT FOR STATE PROJECT 6284-172 I35W NORTH CORRIDOR WITHIN THE MUNICIPAL LIMITS OF LINO LAKES WHEREAS, a Public Hearing on the final layout for State Project 6284-172 for improvements to the Interstate 35W North Corridor was held by the City Council of Lino Lakes on August 22, 2016; and WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project Layout 1A, 6284-172 on Interstate 35W North, from Sunset Avenue to approximately 1,600 feet northeast within the City of Lino Lakes for corridor improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District, Minnesota Department of Transportation office, Roseville, Minnesota, being marked as S.P. 6284-172, Layout 1A, from R.P. 680+00 to 696+00; and WHEREAS, the City Council supports the proposed Project improvements within the corporate limits of Lino Lakes, but generally opposes the expansion of MnPASS lanes in Minnesota. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes approves Minnesota Department of Transportation Recommended Final Layout for the improvement 6284-172 on Interstate 35W North Corridor within the corporate limits of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 CITY OF LINO LAKES DRAFT RESOLUTION NO. 16-80C A RESOLUTION APPROVING A MINNESOTA DEPARTMENT OF TRANSPORTATION FINAL LAYOUT FOR STATE PROJECT 6284-172 I35W NORTH CORRIDOR WITHIN THE MUNICIPAL LIMITS OF LINO LAKES WHEREAS, a Public Hearing on the final layout for State Project 6284-172 for improvements to the Interstate 35W North Corridor was held by the City Council of Lino Lakes on August 22, 2016; and WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project Layout 1A, 6284-172 on Interstate 35W North, from Sunset Avenue to approximately 1,600 feet northeast within the City of Lino Lakes for corridor improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District, Minnesota Department of Transportation office, Roseville, Minnesota, being marked as S.P. 6284-172, Layout 1A, from R.P. 680+00 to 696+00. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes approves Minnesota Department of Transportation Recommended Final Layout for the improvement 6284-172 on Interstate 35W North Corridor within the corporate limits of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 161.164 FINAL LAYOUT APPROVAL PROCESS.​ Subdivision 1. Submission of final layout. Before proceeding with the construction, reconstruction, or​ improvement of any route on the trunk highway system lying within any municipality, the commissioner​ shall submit to its governing body a final layout and project report covering the purpose, route location, and​ proposed design of the highway. The final layout must be submitted as part of a report containing any​ supporting data that the commissioner deems helpful to the governing body in reviewing the final layout​ submitted. The supporting data must include a good-faith cost estimate of all the costs in which the governing​ body is expected to participate. The final layout must be submitted before final decisions are reached so that​ meaningful early input can be obtained from the municipality.​ Subd. 2. Governing body action. (a) Within 15 days of receiving a final layout from the commissioner,​ the governing body shall schedule a public hearing on the final layout. The governing body shall, within 60​ days of receiving a final layout from the commissioner, conduct a public hearing at which the Department​ of Transportation shall present the final layout for the project. The governing body shall give at least 30​ days' notice of the public hearing.​ (b) Within 90 days from the date of the public hearing, the governing body shall approve or disapprove​ the final layout in writing, as follows:​ (1) If the governing body approves the final layout or does not disapprove the final layout in writing​ within 90 days, in which case the final layout is deemed to be approved, the commissioner may continue​ the project development.​ (2) If the final construction plans contain changes in access, traffic capacity, or acquisition of permanent​ right-of-way from the final layout approved by the governing body, the commissioner shall resubmit the​ portion of the final construction plans where changes were made to the governing body. The governing body​ must approve or disapprove the changes, in writing, within 60 days from the date the commissioner submits​ them.​ (3) If the governing body disapproves the final layout, the commissioner may make modifications​ requested by the municipality, decide not to proceed with the project, or refer the final layout to an appeal​ board. The appeal board shall consist of one member appointed by the commissioner, one member appointed​ by the governing body, and a third member agreed upon by both the commissioner and the governing body.​ If the commissioner and the governing body cannot agree upon the third member, the chief justice of the​ Supreme Court shall appoint a third member within 14 days of the request of the commissioner to appoint​ the third member.​ Subd. 3. Appeal board. Within 30 days after referral of the final layout, the appeal board shall hold a​ hearing at which the commissioner and the governing body may present the case for or against approval of​ the final layout referred. Not later than 60 days after the hearing, the appeal board shall recommend approval,​ recommend approval with modifications, or recommend disapproval of the final layout, making additional​ recommendations consistent with state and federal requirements as it deems appropriate. It shall submit a​ written report containing its findings and recommendations to the commissioner and the governing body.​ History: 2001 c 191 s 5​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 161.164​MINNESOTA STATUTES 2016​1​ CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: October 10, 2016 TOPIC: Consider Resolution No. 16-132, Clarifying Licensing Requirements for Owner Installed Individual Subsurface Sewage Treatment Systems (ISTS) VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting Council consideration of a policy directive regarding interpretation of the ISTS licensing requirements. BACKGROUND City Code Chapter 403 regulates the installation, construction and maintenance of individual subsurface sewage treatment systems (ISTS) within the City. Section 403.02, subpart (5) requires installation of systems to be performed by businesses or persons in accordance with the licensing provisions of Minn. Rule 7083.0700. Under Minn. Rule 7083.0700, subpart B a license is not required for: An individual who, after obtaining a signed site evaluation and design report from a licensed design business, constructs an ISTS to serve a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual. Any assistance provided to the system owner in construction of a system under this item must be performed by a licensed installation business. In August of 2016 the City issued a permit to the property owner of 8383 4th Avenue in Lino Lakes for the installation of a ISTS system on the property. During an initial inspection of the project staff determined that the work was not being done by the owner but rather by a relative of the owner. Staff informed the individual that if he was not the owner, he would need to be a licensed installer to complete the work. The City Council received a request to review this interpretation and allow for the project to continue without the need for a licensed installer. Council directed staff to review and suggest policy language for consideration. Staff contacted the Minnesota Pollution Control Agency (MPCA), which is responsible for administration of the ISTS program, for their opinion. MPCA responded that if a homeowner was completing the installation of a system on their own property anyone hired to assist or help must be a licensed installation business. This would infer that anyone assisting or helping, without compensation, would not need to be licensed. Also in question is the involvement of the owner with the actual installation process. Under the law the owner is the individual constructing the ISTS system. The law specifically allows for owners of the property owner to complete the work without being licensed. Staff does not dispute this. However, in the specific case presented above, the owner was not present on site and has not been involved in the construction work. Since the owner, as the permit holder, is ultimately responsible for the work completed on the site, their involvement should be required in some form. Staff would suggest that either the owner or an owner’s designated representative shall be on site during construction. OPTIONS 1. Adopt Resolution 16-132, Clarifying Licensing Requirements for Owner Installed Individual Sewage Treatment Systems. 2. Take no action. ATTACHMENTS 1. Resolution No. 16-132 2. Minn. Rules 7083.0700 CITY OF LINO LAKES RESOLUTION NO. 16-132 A RESOLUTION CLARIFYING LICENSING REQUIREMENTS FOR OWNER INSTALLED INDIVIDUAL SEWAGE TREATMENT SYSTEMS WHEREAS, Minnesota Rules, 7083.0700 established licensing requirements for the installation of Individual Subsurface Sewage Treatment Systems (ISTS); and WHEREAS, rules provide that individuals of property may construct an ISTS to serve a dwelling that is owned by the that individual; and any assistance to the owner must be performed by a licensed installation business; and WHEREAS, for purposes of administration of the rules the City Council finds it is necessary to clarify the responsibility of the owner and the circumstances in which the assistance must be performed by a licensed installation business. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes that: 1. Where an owner applies for and receives a permit under the provisions of 7083.0700 the owner or the owner’s designated representative shall be on-site during construction of the system. 2. Individuals assisting or helping the system owner with installation, without compensation, are not required to be licensed. Adopted by the Council of the City of Lino Lakes this 10th day of October, 2016. 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 1 REVISOR 7083.0700 7083.0700 LICENSES. A state SSTS license applicable to the type of work being performed is required for any business that conducts work to design,install,repair,maintain,operate,or inspect all or part of an SSTS.A license is also required to land spread septage and operate a sewage collection system discharging to an SSTS.Property owners that employ a business to perform this work shall hire a business that is licensed according to this chapter.Individuals exempt from a state SSTS license must follow all applicable local,state,and federal requirements. A license is not required for: A.an individual who is a qualified employee performing work as directed by a state or local government employer; B.an individual who,after obtaining a signed site evaluation and design report from a licensed design business,constructs an ISTS to serve a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual. Any assistance provided to the system owner in construction of a system under this item must be performed by a licensed installation business; C.an individual who performs supervised labor or services as an employee of a licensed SSTS business; D.a farmer who pumps septage from an ISTS that serves dwellings or other establishments that are owned or leased by the farmer and applies septage on land that is owned or leased by the farmer; E.a property owner who personally gathers existing information,evaluates, and investigates an ISTS to provide a disclosure as defined in Minnesota Statutes,section 115.55,subdivision 6,for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual; F.an individual or business who abandons an SSTS; G.an individual who maintains a toilet waste treatment device for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual; H.an individual who performs tasks identified in the system's management plan that do not require a maintainer or service provider license for a dwelling that is owned by the individual and functions solely as a dwelling or seasonal dwelling for that individual;or I.the owner or designee of a campground or other similar facility who removes and transports sewage wastes from recreational vehicles into a holding or treatment system located on the same property as the facility. Statutory Authority:MS s 115.03;115.55 Copyright ©2011 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 REVISOR 7083.0700 History:32 SR 1420 Published Electronically:March 11,2011 Copyright ©2011 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.