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HomeMy WebLinkAbout05-22-2017 Council Meeting MinutesCOUNCIL MINUTES May 22, 2017 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE May 22, 2017 6 TIME STARTED 6:30 p.m. 7 TIME ENDED 7:50p.m. 8 MEMBERS PRESENT Council Member Rafferty, Kusterman, Maher, 9 Manthey, and Mayor Reinert 10 MEMBERS ABSENT 11 12 Staff members present: City Administrator Jeff Karlson; City Engineer Diane Hankee; Director of 13 Public Safety John Swenson; Director of Public Services Rick DeGardner; Human Resources 14 Manager Karissa Henning 15 16 PUBLIC COMMENT 17 18 John DeHaven, 1612 Birch Street. Mr. DeHaven stated his concern about a member of the council 19 posting a threat on Facebook and the embarrassment caused to the citizens. He called for the council 20 member to resign. Mayor Reinert noted agenda Item 3D. 21 22 Doug Malson, 8210 Diane Street, told the council about a water issue in his neighborhood. He noted 23 a lot of written information involved that would take more than three minutes allotted for open mike. 24 He asked that the council put the matter on their agenda for discussion. Mayor Reinert remarked 25 that he was made aware of the matter and he understands it involves a culvert and beaver blockage. 26 Mr. Malson suggested it goes further than just the culvert being clogged; there is history involved. 27 Mayor Reinert asked that the council receive more information now and see if more time is needed. 28 Mr. Malson said he has a list of what he'd like accomplished at this meeting; the mayor suggested 29 that the council should make its decision by being as informed as possible so more study may be 30 needed. He called upon the City Engineer to provide more insight on the situation. 31 32 City Engineer Hankee explained that the culvert in question is part of the Anoka County and 33 watershed district system. Staff has talked with the watershed representative and heard that the 34 culvert was replaced in 2013, it was upsized and graded to the size of the ditch system. Anything the 35 city does would have to be in coordination with the watershed district. Staff has cleared the beaver 36 dam and will look at options to prevent further blocking. Mr. Malson confirmed that the problem is 37 more than just beavers. 38 39 Mayor Reinert asked what needs to be dealt with immediately and Mr. Malson said there is flooding 40 of the woods and experience tells him that trees will be lost. Mayor Reinert asked what could be 41 done to help the flooding and Ms. Hankee said a clear culvert will eventually clear the water; it's a 42 large basin. Ms. Hankee explained that many water bodies and drainage systems are at the hundred 43 year level and are straining; additional staff has been brought in. She clarified that the city cannot 44 drain a basin by grading under watershed laws but it is a top priority to work on the problem. 45 1 COUNCIL MINUTES May 2292017 APPROVED 46 Mayor Reinert said he isn't hearing any suggestion from staff for immediate action other than keeping 47 that culvert clear and trapping the beaver. Mr. Malson noted that there are no trespassing signs 48 posted that prevent him from working around the culvert and Ms. Hankee clarified that staff has 49 received permission from the property owner to work in the area and they will do so on a daily basis 5o as long as that is necessary. 51 52 The council concurred that they will discuss what can be a permanent solution to this problem at their 53 next work session. The council received information from Mr. Malson for their review and for the 54 record. 55 56 Lonny Eibensteiner, 8180 Diane Street, added his concern about the high water in his area. There are 57 homes flooding as a result. He has been watching the water for a month and hasn't seen anyone 58 working on the culvert. He showed the council a video of the culvert area. He is also calling for a 59 long term solution and considering the blockage, it's a difficult matter. 60 61 Lisa Crotty, 8117 Diane Street, asked how flooding could impact the septic systems in the area. She 62 fears that could be a real health issue; they are drinking water from a well also. Ms. Hankee said she 63 would verify with the building inspector if the septic systems could be impacted. As far as wells, if 64 they are in compliance with regulations, there shouldn't be an issue with ground water and septic. 65 Ms. Crotty also suggested that the builder of the property should have some liability. Mayor Reinert 66 suggested that staff include information on the builder's liability. 67 68 Susan Wienke, 6155 Diane Street, added her concern about the fence in her back yard that is being 69 compromised by the water and that secures her dog as she is required by law. Mayor Reinert said 70 staff will explore that concern as well. 71 72 Jackie Burgeson, 8125 Diane Street, said she has lost her fire pit and wood pile and basically her 73 entire back yard. Maintenance in the area is impossible. 74 75 Robert Mann, 8175 Diane Street, asked who will pay for the damage to his yard after he has recently 76 relandscaped. He feels that a problem occurred due to some grading. 77 78 Mayor Reinert invited those concerned for further discussion at the June 5 work session. 79 8o SETTING THE AGENDA 81 82 The agenda was approved as presented. 83 84 SPECIAL PRESENTATION 85 86 American Legion Post 566 representatives presented awards as followed: 87 Lino Lakes Police Officer of the Year — Matt Paulson 88 Lino Lakes Firefighter of the Year — Mark Hokkanen 89 90 Public Safety Director Swenson announced Public Safety Department promotions as follows: COUNCIL MINUTES May 22, 2017 APPROVED 91 Melissa Christensen, Sergeant — Police Division 92 Brian Finke, Fire Lieutenant 93 Andy Bennett, Public Safety Volunteer Recognition, 20 years 94 95 CONSENT AGENDA 96 97 Council Member Rafferty moved to approve the Consent Agenda, Items 1 A through 1 G, as presented. 98 Council Member Maher seconded the motion. Motion carried on a voice vote. 99 loo ITEM ACTION 101 102 Consideration of Expenditures. 103 104 May 22, 2017 (Check No. 105869 — 105 105957, $260,484.71) Approved 106 107 May 1, 2017 Council Work Session 108 Minutes Approved 109 110 May 8, 2017 City Council Meeting III Minutes Approved 112 113 May 8, 2017 Board of Appeal Minutes Approved 114 115 Resolution No. 1746, Extension of Time for the 116 Recording of the Final Plat of St. Clair Estates Approved 117 Resolution No. 1745, Approving a Permit for Consumer 118 Fireworks Sales at SuperTarget Approved 119 120 Resolution No. 1747, Approving a Solicitor/Peddler 121 License for Edward Jones Approved 122 123 FINANCE DEPARTMENT REPORT 124 125 There was no report from the Finance Department. 126 127 ADMINISTRATION DEPARTMENT REPORT 128 129 3A) Consider Resolution No. 1744, Approving Joint Powers Agreement between the City of 130 Lino Lakes and County of Anoka for Assessment of Property — Administrator Karlson explained 131 that the city's current agreement for assessment services through Anoka County is expiring. At the 132 council's direction, staff has reviewed the county's provision of services versus other options and 133 recommends renewal of services through the county for an additional five years. 134 135 Council Member Kusterman reviewed the good reasoning for continuing with county services. 3 COUNCIL MINUTES May 22, 2017 APPROVED 136 137 Council Member Kustennan moved to approve Resolution No. 1744 as presented. Council Member 138 Manthey seconded the motion. Motion carried on a voice vote. 139 140 3B) Consider Appointment of Joseph Widing to the position of Community Development 141 Intern Position — Human Resources Manager Henning reviewed the written report recommending 142 the appointment of Mr. Widing for a six month period. 143 144 Council Member Kusterman moved to approve the appointment of Joseph Widing as recommended. 145 Council Member Manthey seconded the motion. Motion carried on a voice vote. 146 147 3C) Consider Appointment of Benefits Broker — Human Resources Manager Henning explained 148 the staff s recommendation, based on the results of a request for proposal, to enter a contract with 149 National Finance Partners to provide the city's benefit broker services. Staff has determined that the 150 National Finance Partners' proposal would provide the best value and service level for the city, 151 especially considering the inclusion of free wellness program assistance and GASB review. 152 153 Mayor Reinert remarked that it is usual for the city to seek proposals for services occasionally as it 154 often results in a better value or a confirmation that the city is getting the best deal; this is a change 155 after twenty years with another broker. 156 157 Council Member Kusterman noted that he doesn't consider this type of service a commodity so he'd 158 like some assurance that the change will not result in a loss of quality. Ms. Henning indicated that 159 she had spoken with two other cities who utilize National Finance Partners and received good 160 reviews. Council Member Kusterman asked that the information be forwarded. 161 162 Council Member Kusterman moved to approve the staff recommendation to appoint National Finance 163 Partners as the city's benefit broker. Council Member Manthey seconded the motion. Motion 164 carried on a voice vote. 165 166 3D) Consider Resolution No. 1748, To Censure Councilmember Maher — Mayor Reinert 167 recalled a situation of a member of the council being on social media and leaving comments that were 168 out of bounds. Based on comments received and the responsibility of the council, feels compelled to 169 respond and feels the appropriate action is to censure. A censure is an expressed severe disapproval 170 in a formal statement. The action of a censure will also allow other council members to go on record 171 on the matter. 172 173 Council Member Maher said she is supportive of the council taking this action. It allows the matter 174 to be put to rest. The council discussed the matter at length at the work session previous to the 175 council meeting and she feels this action is fair and just. 176 177 Mayor Reinert noted that Council Member Maher has shown that she is sorry for the comments 178 through apology and through the media and is accepting of this action as a fair response. 179 COUNCIL MINUTES May 22, 2017 ' ' : WAV L 180 Administrator Karlson noted that the council approved the removal of certain language from the 181 resolution that relates to the council's Code of Conduct, as they determined that a violation of that 182 code has not occurred. 183 184 Mayor Reinert moved to approve Resolution No. 1748 with the amendments to remove reference to 185 the City Council's Code of Conduct. Council Member Rafferty seconded the motion. 186 187 Council Member Kusterman remarked that the members of the council take their role seriously and 188 accept the responsibility of the role all day even away from the council meetings. He said that 189 Council Member Maher strayed from her role with the inappropriate comments and the action is 190 appropriate. 191 192 Motion adopted upon a voice vote. 193 194 Kelly Gustafson, 135 Ulmer Drive, commended staff and the city officials for how they reacted to this 195 matter. She is glad that Council Member Maher completely owned up to what she calls a complete 196 lack of judgment. Ms. Gustafson explained how she met with Council Member Maher after the 197 incident and worked with her on responding completely and appropriately. As a citizen of Lino 198 Lakes, she is thankful for the response 199 200 PUBLIC SAFETY DEPARTMENT REPORT 201 202 There was no report from the Public Safety Department. 203 204 PUBLIC SERVICES DEPARTMENT REPORT 205 206 5A) Consider Resolution No. 1743, Accepting Bids and Awarding a Construction Contract 207 to Sunram Construction, Inc., NorthPointe Park Project — City Engineer Diane Hankee explained 208 that the council is being requested to accept the low bid of Sunram Construction, Inc. for construction 209 of the park. She noted that only one bid was received but staff can confirm that the bid is under the 210 engineer's estimate and is acceptable. The quality of work of this company has been confirmed and 211 staff is recommending acceptance of their bid. 212 213 Council Member Rafferty moved to approve Resolution No. 1743 as presented. Council Member 214 Maher seconded the motion. Motion carried on a voice vote. 215 216 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 217 218 There was no report from the Community Development Department. 219 220 UNFINISHED BUSINESS 221 222 There was no Unfinished Business. 223 224 NEW BUSINESS 5 COUNCIL MINUTES May 22, 2017 225 226 227 228 229 230 231 232 233 234 235 There was no New Business. COMMUNITY CALENDAR Monday, May 29 Wednesday, May 31 Thursday, June 1 Monday, June 5 APPROVED Community Calendar —A Look Ahead May 22, 2017 through June 12, 2017 CLOSED MEMORIAL DAY 6:30 pm, Council Chambers Environmental Board 8:00 am, Community Room EDAC 6:00 pm, Community Room Council Work Session 236 237 ADJOURN 238 239 There being no further business, Council Member Rafferty moved to adjourn at 7:50 p.m. Council 24o Member Manthey seconded the motion. Motion carried on a voice vote. 241 242 243 244 245 246 These minutes were considered and approved at the regular Council Meeting, June 12, 2017. 247 Julianne Bartell, City Clerk 248 J