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Home My WebLink About12-10-2012 Council Minutes COUNCIL MINUTES December 10,2012 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : December 10, 2012 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 8:05 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 SPECIAL COUNCIL SESSION 13 14 Prior to the regular council meeting, the council met in the Council Work Room for the purpose of 15 interviewing advisory board applicants. Since one applicant was unable to attend, the council 16 indicated that an additional interview would be conducted at the first regular work session in January. 17 18 REGULAR COUNCIL MEETING 19 20 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 21 Grochala; Chief of Police John Swenson; Finance Director Al Rolek; Economic Development 22 Coordinator Mary Alice Divine; and City Clerk Julie Bartell 23 24 PUBLIC COMMENT 25 26 No one was present to address the council regarding a matter not on the agenda. 27 28 SETTING THE AGENDA 29 30 The agenda was approved as presented. 31 32 SPECIAL PRESENTATION 33 34 Police Chief Swenson introduced the two newest members of the Lino Lakes Police Department- 35 Officers Robert Strub and Tou Vang. Mayor Reinert gave the Oath of Service to the officers. 36 37 CONSENT AGENDA 38 39 Council Member Roeser moved to approve the Consent Agenda, Items 1 A through 1G, as presented. 40 Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 41 42 ITEM ACTION 43 44 Consideration of Expenditures: 45 1 COUNCIL MINUTES December 10,2012 APPROVED 46 December 10, 2012 (Check No. 94744- 47 94804, $249,875.78) Approved 48 49 Centennial Fire District (Check No. 5596 - 50 5611 & 2012010, $31,839.07) Approved 51 52 2012 Signal Projects payment to WSB in the Approved 53 Amount of$778,107.65 54 55 November 26, 2012 Council Work Session Minutes Approved 56 57 November 26, 2012 City Council Meeting Minutes Approved 58 59 Resolution No. 12-118, Transfer of Funds from Area 60 and Unit Fund to the 2003A G.O. Improvement Bond 61 Debt Services Fund Approved 62 63 Resolution No. 12-119, Transfer of Funds from the Area Approved 64 And Unit Fund to the 2005B G.O. Improvement Bond 65 Debt Service Fund 66 67 Resolution No. 12-120, Interfund Loan from the Sanitary Approved 68 Sewer Fund to the 2005A G.O. Improvement Bond 69 Debt Service Fund �— 70 71 Resolution No. 12-121, Transfers for Installment Payment 72 On Interfund Loan for Recreation Complex Land Approved 73 74 FINANCE DEPARTMENT REPORT 75 76 A) Public Hearing—2012/13 Property Tax Levy and 2012 Budget 77 i) Consider Resolution No. 12-122, Adopting the Final 2012 Tax Levy Collectible in 2013; 78 ii) Consider Resolution No. 12-123, Adopting the Final 2013 General Operating Budget; 79 iii) Consider Resolution No. 12-124, Adopting 2013 Water and Sewer Operating Budget; 80 iv) Consider Resolution No. 12-125, Adopting the 2013 Recreation Fund Budget 81 Finance Director Rolek gave a PowerPoint presentation outlining the Proposed 2013 Operating Budget 82 and Property Tax Levy (on file). When asked to comment on the City's fund reserve, Mr. Rolek 83 noted that the city's reserve is healthy and is above the 50% benchmark established by the city council. 84 Mayor Reinert noted that some city reserves are in the range of 35%. 85 86 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 87 hearing was closed. 88 2 COUNCIL MINUTES December 10,2012 APPROVED 89 Council Member Rafferty moved to approve Resolution No. 12-122 as presented. Council Member 90 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 91 92 Council Member O'Donnell moved to approve Resolution No. 12-123 as presented. Council Member 93 Roeser seconded the motion. Motion carried on a unanimous voice vote. 94 95 Council Member Roeser moved to approve Resolution No. 12-124 as presented. Council Member 96 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 97 98 Council Member Rafferty moved to approve Resolution No. 12-125 as presented. Council Member 99 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 100 101 B) Resolution No. 12-126, Amending the 2012 General Operating Budget—Finance Director 102 Rolek noted that throughout the year there are actions taken by the council as well as other factors that 103 impact the general operating budget. Generally, at this time of the year, the current operating budget 104 is revised to make it more realistic and concurrent. This resolution makes those adjustments. 105 106 Council Member Roeser moved to approve Resolution No. 12-126 as presented. Council Member 107 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 108 109 C) Resolution No. 12-127, Commiting Specific Revenue Sources in the Special Revenue Funds - 110 Finance Director Rolek noted that GASB Statement#54 categories the city's fund balances and a 111 portion of that policy calls for the council to commit certain revenue sources towards a special 112 purpose and this resolution commits the recreation program fees toward that fund source in line with ~- 113 the policy. 114 115 Council Member O'Donnell moved to approve Resolution No. 12-127, as presented. Council 116 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 117 118 ADMINISTRATION DEPARTMENT REPORT 119 120 A) 2013 City Fee Schedule 121 i) Second Reading and Adoption of Ordinance No. 12-12 approving the 2013 City Fee 122 Schedule 123 ii) Consider Resolution No. 12-134, Approving summary publication of 124 Ordinance No. 12-12 125 126 City Clerk Bartell reported that for efficiency and clarity, city fees are consolidated into 127 one schedule that is adopted annually. The 2013 proposed fee schedule is before the council and 128 it includes several staff recommended changes that are noted in red in the ordinance. The first 129 reading of the ordinance was approved by the council on Nov. 26. Staff recommends that the council 130 consider approval of the 2nd reading of Ordinance No. 12-12 and a resolution approving summary 131 publication. 132 3 COUNCIL MINUTES December 10, 2012 APPROVED 133 Council Member Rafferty moved to waive the full reading of Ordinance No. 12-12. Council Member 134 Roeser seconded the motion. Motion carried on a unanimous voice vote. 135 136 Council Member O'Donnell moved to approve the second reading and adoption of Ordinance No. 12- 137 12 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 5;Nays none. 138 139 Council Member Rafferty moved to approve Resolution No. 12-134 as presented. Council Member 140 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 141 142 B) Consider Resolution No. 12-136, Authorizing execution of a Joint Powers Agreement with 143 Anoka County regarding Conduct of Elections—City Clerk Bartell noted that at the last work 144 session, the council reviewed a proposed Joint Powers Agreement with Anoka County. The agreement 145 provides for cost sharing in the purchase of new election equipment and the provision of elections 146 assistance. The new equipment will be purchased soon and should be available for the 2013 elections. 147 Staff is recommending approval of the resolution that authorizes execution of the agreement. 148 149 Council Member Roeser moved to approve Resolution No. 12-136 as presented. Council Member 150 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 151 C) Consider Resolution No. 12-128, Approving a Labor Agreement between the 152 City of Lino Lakes and Law Enforcement Labor Services, Local#299 (Police Officers) 153 -Administrator Karlson explained that negotiations have been ongoing with this labor unit 154 and ended up going to mediation in May without a resolution. Since police officers are 155 essential employees, the next course of action was arbitration. The arbitration award has 156 been announced and the issues covered are wages, health contributions, and health waivers. 157 The decision is that in 2012, effective July 1, 2012, the officers will receive a one percent 158 wage increase and an additional 1.5 percent increase in 2013. The HSA contribution came 159 in midway at $2,500. The opt out offer of the city was approved by the arbitrator. 160 Council Member Stoesz moved to approve Resolutiojn No. 12-128 as presented. Council 161 Member Roeser seconded the motion. Motion carried; Mayor Reinert did not vote. 162 163 D) Approve Appointment of Lisa Hogstad to Deputy City Clerk position—Administrator 164 Karlson noted that long time Deputy Clerk Jean Viger is retiring at the end of 2012. The job has 165 been restructured and was posted for internal candidates only. After interviewing and testing two 166 applicants, the name of Lisa Hogstad is being forwarded for council approval to this position. 167 168 Council Member Rafferty moved to approve the appointment of Lisa Hogstad to the postion of 169 Deputy City Clerk. Council Member Roeser seconded the motion. Motion carried on a unanimous 170 voice vote. 171 172 PUBLIC SAFETY DEPARTMENT REPORT 173 174 4A) Authorize Hiring of Kristen Thorstad as Police Records Technician in the Police 175 Department—Chief Swenson reported that the council has previously authorized the filling of this 4 COUNCIL MINUTES December 10,2012 APPROVED 176 position and he is now requesting approval of the candidate selected, Kristen Thorstad. If approved, 177 Ms. Thorstad would begin in this position on December 17, 2012 at the first step rate of pay. 178 179 Council Member O'Donnell moved to approve the hiring as recommended. Council Member 180 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 181 182 PUBLIC SERVICES DEPARTMENT REPORT 183 184 There was no report from the Public Services Department. 185 186 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 187 188 A) Bill's Superette 189 i. Consider Resolution No. 12-129, Approving Preliminary Plat, Bill's Superette. 190 ii. Consider Resolution No. 12-130, Conditional Use Permit, Motor Fuel Station. 191 Breanne Rothstein, WSB & Associates, reviewed her staff report on this request for preliminary plat 192 and conditional use approval for a development on the northeast corner of Main Street and Lake 193 Drive. The development would include a superette/motor fuel station and liquor store. She described 194 the current condition of the site and where building is proposed. The site is zoned to allow the 195 proposed uses. She reviewed the architectural standards of the city and what applies to this 196 development. City water and sewer will be extended to the development but not beyond. She 197 explained how the adjacent signal improvement project impacts the development. Parking 198 requirements would not be met outright but staff has reviewed parking needs at similar sites and are 199 satisfied with the amount proposed. The city engineer has reviewed the surface water management �-' 200 plan, with comments that have been addressed or will be. The Rice Creek Watershed district will be 201 reviewing the application soon and their comments were received ahead. City landscaping standards 202 are pertinent and comments in that area are included in the report and were outlined by Ms. Rothstein. 203 Lighting plans were reviewed. She noted that the Planning and Zoning Board did request trail 204 easements on both sides of the development, credited toward park dedication requirements. The 205 Environmental Board requested and received certain items. Regarding public testimony, the boards 206 heard about the number of liquor licenses and a desire to limit licenses within the city. Staff 207 recommends approval of both resolutions with conditions included in each. 208 209 Mr. Grant Rademacher, one of the developers, came forward and explained the planned features of 210 the store. They are not a typical convenience store as they offer groceries, produce, cooler products as 211 well as fresh meat. 212 213 Council Member Rafferty confirmed that the site plans will include a change in landscaping to buffer 214 the propane tank area. The applicant present indicated they would accept an amendment to 215 conditions. 216 217 Mayor Reinert indicated that the council has heard comments about the number of liquor stores in the 218 city and will consider the broad subject of limiting licenses at the January work session. 219 5 COUNCIL MINUTES December 10,2012 APPROVED 220 Adam LeMere, Lakes Liquor 7860 Lake Dr, noted that the left turn in and out onto Lake Drive is a 221 dangerous situation. Community Development Director Grochala responded that Anoka County has 222 acknowledged that there may be a longer median limiting left turns established in the future. 223 224 Council Member Roeser moved to approve Resolution No. 12-129 as presented. Council Member 225 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 226 227 Council Member O'Donnell, moved to approve Resolution No. 12-130 with an additional condition 228 recognizing that CSAH 14 and 23 will be reconstructed with medians and on screening. Council 229 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 230 231 iii. Consider Resolution No. 12-135,Approving an Off-Sale Liquor and Tobacco License 232 for WCR Liquors, Inc (G-Will Liquors), at 865 Main Street- City Clerk Bartell reported that as 233 part of the Bill's Superette development, a liquor store is proposed. An application for an off-sale 234 liquor and tobacco license has been submitted by WCR Liquors, Inc. The related license fees have 235 been paid and the Lino Lakes Police Department has conducted the required background 236 investigation. Although the store is not proposed to open until at least September of 2013, license 237 approval is requested to facilitate purchase of the property. In accordance with the Lino Lakes Code 238 of Ordinances, council approval is required following opportunity being given to any person wishing 239 to be heard on the matter of the license. There were no public comments. 240 241 Council Member Rafferty moved to approve Resolution No. 12-135 as presented. Council Member 242 Roeser seconded the motion. Motion carried on a unanimous voice vote. 243 `- 244 B) Consider Resolution No. 12-131 Approving a Modification of Tax Increment Financing 245 Plan for Tax Increment Financing District No. 1-5 - Economic Development Coordinator Divine 246 noted that earlier in the evening the city's Economic Development Agency (EDA) approved this 247 action to amend a tax increment district to allow pooling of funds for outside of the district for 248 certain housing projects. This is an administrative amendment that does not require a public hearing. 249 250 Council Member Roeser moved to approve Resolution No. 12-131 as presented. Council Member 251 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 252 253 C) Consider Resolution No. 12-132, Final Pay Request, 2012 Surface Water Management 254 Project- Brian Boraso, WSB and Associates, reviewed the request for approval of the 2012 Surface 255 Water Management Project including the change order outlined in the report. 256 257 Mayor Reinert recalled a work session discussion outlining the decision to do certain work because of 258 dry conditions, thus saving the city from pumping costs. 259 260 Council Member Rafferty moved to approve Resolution No. 12-132 as presented. Council Member 261 Roeser seconded the motion. Motion carried on a unanimous voice vote. 262 263 D) Consider Resolution No. 12-133, Authorizing Professional Services to Prepare 264 Amendment to the Wellhead Protection Plan - Brian Bourassa, WSB and Associates, explained 6 • COUNCIL MINUTES December 10,2012 APPROVED 265 that this is a mandate of the Minnesota Department of Health to ensure safe drinking water. This 266 authorization would deal with Phase One of the project dealing with well heads. 267 268 Council Member O'Donnell moved to approve Resolution No. 133 as presented. Council Member 269 Roeser seconded the motion. Motion carried on a unanimous voice vote. 270 271 UNFINISHED BUSINESS 272 273 There was no Unfinished Business. 274 275 NEW BUSINESS 276 277 There was no New Business. 278 279 COMMUNITY CALENDAR 280 Community Calendar—A Look Ahead 281 December 10,2012 through December 26,2012 282 Wednesday, December12 6:30 pm, Library Environmental Board 283 Wednesday, December 12 6:30 pm, Council Chambers Planning&Zoning 284 December 24 &25 CITY HALL CLOSED Christmas Holiday 285 286 287 COMMUNITY EVENTS 288 289 December 12 and 13, Secret Holiday Shop, Lino Lakes City Hall from 4:30—7 p.m.: The Secret 290 Holiday Shop is the perfect opportunity for children to shop, learn how to budget their money, make 291 decisions and buy something special for their family and friends. Items range in price from $0.25 - 292 $15. All children will be assisted by high school volunteers through their shopping. Come and shop 293 anytime during open hours. The holiday shop is restocked after the first night so shopping is just as 294 good on the second night as the first. No registration is required. 295 296 Letters from Santa due by December 17: Let us know whom in your family would like to hear from 297 Santa and we'll take it from there! Simply complete a"Letters from Santa" form for each person you 298 would like to receive a letter and return along with $1 (cash or check only) for each letter sent, to the 299 Lino Lakes Parks and Recreation Department (600 Town center Parkway, Lino Lakes, MN 55014). 300 Forms are available on the city website. 301 302 ADJOURN 303 304 There being no further business, Council Member Rafferty moved to adjourn at 8:05 p.m. 305 306 SPECIAL CLOSED MEETING 307 308 Following adjournment of the regular meeting, the council held special closed session in the Council 309 Work Room to discuss labor negotiations. All council members and Administrator Karlson were 310 present at the meeting. 7 • COUNCIL MINUTES December 10, 2012 APPROVED 311 312 These minutes were considered and approved at the regular Counci u --ting, January 14, 2012. 313 314 315 316 317 Juli Bartell, City Cler Jeff Re nert, ayor 318 8