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HomeMy WebLinkAbout11-13-2017 Council Meeting MinutesCOUNCIL MINUTES November 13, 2017 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE :November 13, 2017 6 TIME STARTED 6:30 p.m. 7 TIME ENDED 7:30 p.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; Community Development Director Michael 13 Grochala; Director of Public Safety John Swenson; City Engineer Diane Hankee; Finance Director 14 Sarah Cotton; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 1 s No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. 23 24 CONSENT AGENDA 25 26 Council Member Kusterman noted an expense relating to a bill of Ratwik, Roszak and Maloney, the 27 city's attorney. It is a monthly bill received from that contractor. It was clarified that the expense in 28 question relates to a legal opinion sought regarding a resident who filed for city office who also works 29 for the city's engineering contractor, WSB & Associates; a written legal opinion was received and the 3o cost was roughly $800. Council Member Kusterman questioned why this expenditure would be 31 ordinary and necessary to the workings of the city. He has worked in accounting for many years and 32 he doesn't feel this would be ordinary. Were there conflict of interest checks on all candidates this 33 year? 34 35 Administrator Karlson was asked to respond to the reasoning behind seeking that legal opinion and he 36 explained that a member of the council raised questions about one candidate for city council that 37 works for the city's contracted engineering firm and he felt it rose to the level that the question should 38 be posed to the City Attorney. He clarified that the question was originally posed to him by the 39 mayor. 40 41 Mayor Reinert noted that the situation of having a conflict of interest as a member of the council is 42 taken seriously by the City. 43 44 Council Member Rafferty concurred. He recalled speaking with city staff about his situation of 45 working for an architectural firm that could possibility have work ties with the city's contracted 0 COUNCIL MINUTES November 13, 2017 APPROVED 46 enfZmeering firm. He originally pproached the City Administrator with the question and it was 47 confirmed that there was no conflict. There was discussion about a situation that could be perceived 48 as a conflict and Mr. Rafferty explained that he falls on the side of caution when that perception could 49 be seen. 50 51 Mayor Reinert recalled his discussion with the City Administrator and how it came to be that the city 52 attorney would be asked; he was not aware that any legal costs would be incurred. He is surprised at 53 the price but he understands that the City Administrator wanted to have that legal review. Perhaps 54 the question is why the cost is so high. Mayor Reinert also mentioned that the city council is 55 discussed going out for RFP for legal services. 56 57 Council Member Kusterman suggested it was a blaming situation; he suggests that all council 58 members should have been consulted in this case. 6o Council Member Manthey concurred that the matter was one for the entire council to review. He 61 feels that the council having transparency is highly important. He believes that the council has 62 discussed perceptions of possible conflict for its members in the past so an experienced member of 63 the council would have already known the answer. 64 65 Mayor Reinert suggested this is a case of sour grapes based on election results. He had a 66 conversation with the administrator and Mr. Karlson chose to approach the city attorney for an 67 opinion. It was not a created situation for political gain. 68 69 Council Member Manthey noted that the matter of paying the bill is on the agenda for council 70 approval tonight; the council as a whole is expected to make that decision. 71 72 Mayor Reinert asked if the council would like to add discussion of a policy on legal opinions and the 73 city administrator to the next work session agenda. The council concurred. 74 75 Council Member Kusterman added that the RFP process for city attorney was initiated after the 76 opinion was received. 77 78 Council Member Maher asked the City Administrator if he would normally contact the city attorney 79 without a clear council direction to do so. 80 81 Administrator Karlson said he would normally contact the city attorney on matters that he feels 82 requires that course and it is not always with council direction; he noted that other city staff has the 83 ability to do the same. 84 85 Mayor Reinert reviewed the general process of seeking RFPs. He also recalled a discussion with the 86 city's contracted engineering firm and his quest for an opinion on a good timeline for RFP — how 87 often should the city seek them. He read an email from that firm's representative responding to the 88 question. 89 90 Council Member Manthey asked if that communication came after the candidate of that firm filed for F� �'i` h i U ►/11Y�Ty November 13, 2017 91 office; he suspects it did and it doesn't look good. 92 93 Mayor Reinert said the communication went out the day after the council had the discussion. 94 95 Council Member Manthey said he is attempting to get to the bottom of the matter. 96 97 Council Member Kusterman noted that there were reasons articulated at the council work session for 98 not going out an RFP, yet those were not mentioned in the Mayor's communication. Firms aren't 99 waiting to go through that extensive process without billing those costs back in some way, not to too mention that a long term provider is a benefit to staff and a new provider will cost city funds in the 101 engagement process. 102 103 Mayor Reinert disagreed. He recalled the city's switch from TKDA to WSB Engineering a few years 104 ago and a planned transition period that helped greatly. He doesn't believe that staff wanted to 105 change at that time but the switch has turned out to be positive and he believes staff would agree. 106 107 Council Member Rafferty said he hears the argument. Seven years ago he recalls that he recognized 108 that making a change was a must. He works with an architectural firm and he acknowledges that 109 doing an RFP is part of doing business. He feels that an RFP is a standard thing that has to happen 110 sometimes. 111 112 Council Member Kusterman requested that the Council Code of Conduct be discussed at the work 113 session as well. 114 115 Council Member Maher moved to approve the Consent Agenda, Items IA, I and 1D. Council 116 Member Manthey seconded the motion. Motion carried on a voice vote. 117 118 Council Member Maher moved to approve Consent Agenda Items IC and ID as presented. Council 119 Member Kusterman seconded the motion. Motion carried on a voice vote; Council Member Manthey 120 abstained from voting. 121 122 ITEM ACTION 123 124 Consideration of Expenditures: 125 126 November 13, 2017 (Check No. 107007 — 127 107139, $398,769.45 Approved 128 129 Resolution No. 17-125, Supporting Anoka County's 130 Rice Creek Chain of Lakes Park Reserve Master Plan 131 Amendment Approved 132 133 October 23, 2017 Council Work Session Minutes Approved 134 135 October 23, 2017 City Council Meeting Minutes Approved November 13, 2017 APPROVED 137 Consider Amendment to City of Lino Lakes Flexible 138 Spending Accounts Plan Approved 139 14o FINANCE DEPARTMENT REPORT 141 2A) Consider lst Reading of Ordinance No. 1147, Establishing the 2018 City Fee Schedule — 142 Finance Director Cotton presented the ordinance for first review. This represents the city's fee 143 schedule for the coming year. Recommended changes are highlighted in the ordinance before the 144 council. 145 Council Member Kusterman moved to approve the lst Reading of Ordinance No. 11-17, as presented. 146 Council Member Maher seconded the motion. Motion carried on a voice vote. 147 2B) Consider Resolution No. 17-126, Authorizing the Transfer and Commitment of Legion 148 Land Sale Proceeds - Finance Director Cotton explained that the resolution will provide for 149 appropriate action relative to the previously directed transfer of proceeds from the sale of land to the 150 American Legion. 151 152 Council Member Manthey remarked that the parking lot has been a positive addition to the area and he 153 sees the service it provides. 154 Council Member Manthey moved to approve Resolution No 17426 as presented. Council Member 155 Kusterman seconded the motion. Motion carried on a voice vote. 156 157 ADMINISTRATION DEPARTMENT REPORT 158 3A) Consider Extending the Temporary Building Inspector Position — Administrator Karlson 159 recalled that the city hired a temporary building inspector last spring. Due to a continuing high 160 workload in that department, he is recommending that this position be extended. 161 162 Council Member Manthey remarked that he suspects that the storm damage repair work underway in the 163 city will continue into next year; the position is only extended through December? Community 164 Development Director Grochala explained that the 2018 budget includes a temporary position for a 165 portion of the year but that doesn't preclude that staff could come forward with additional needs. 166 167 Council Member Rafferty moved to approve the extension as recommended by staff. Council Member 168 Maher seconded the motion. Motion carried on a voice vote. 169 3B) Consider Appointment of Parks Maintenance Worker —Administrator Karlson reviewed the 170 written staff report. He explained the process that brings forward the candidate recommended for 171 hiring. 172 Council Member Kusterman moved to approve the appointment of Macklin Glasby. Council Member 173 Rafferty seconded the motion. Motion carried on a voice vote. 174 175 PUBLIC SAFETY DEPARTMENT REPORT 0 COUNCIL MINUTES November 13, 2017 APPROVED 176 4A) Consider Hiring of One Records Technician — Public Safety Director Swenson requested 177 council authorization to hire an individual to this vacant position. He explained the hiring process and 178 his recommendation. 179 180 Council Member Rafferty moved to approve the hiring of Brooke Jacobson. Council Member Manthey 181 seconded the motion. Motion carried on a voice vote. 182 4B) Consider Acceptance of Monetary Donation to Lino Lakes Public Safety Canine Unit — 183 Public Safety Director Swenson explained that the Coss Family Foundation would like to donate 184 $15,000 to the department for future needs of the department's canine unit. 185 186 Council Member Rafferty asked if it makes sense to get a dog into training in preparation of the 187 replacement of the current dog. Director Swenson said he will investigate that possibility as the current 188 dogs gets closer to retirement. 189 190 Council Member Maher moved to accept the donation as recommended. Council Member Rafferty 191 seconded the motion. Motion carried on a voice vote. 192 193 PUBLIC SERVICES DEPARTMENT REPORT 194 195 There was no report from the Public Services Department. 196 197 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 198 199 6A) Item 6A was deleted from the agenda (by staff) 200 201 6B) Consider Resolution No. 17- 128, Approving Payment of Final Pay Voucher No. 4, 2016 202 Aqua Lane to Black Duck Drive Trunk Water Main Project — City Engineer Hankee reviewed the 203 process that brought this project to fruition and to this point of payment. She explained the elements 204 included in the project. Construction is complete and it came in under budget. 205 206 Council Member Manthey moved to approve Resolution No. 17428 as presented. Council Member 207 Kusterman seconded the motion. Motion carried on a voice vote. 208 209 6C) Public Hearing: Consider Ordinance No. 1247, Vacating Drainage and Utility Easement 210 Lot 2, Block I of St. Clair Estates — City Engineer Hankee reviewed the ordinance that would 211 provide for vacation of certain easements, necessary because of information discovered during project 212 activities in the area. 213 214 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 215 hearing was closed. 216 217 Council Member Rafferty commented that he didn't originally support this development but he sees 218 now that the project is moving forward as planned and this is part of that. 219 COUNCIL MINUTES November 13, 2017 APPROVED 220 Council Member Maher moved to approve the 1st Reading of Ordinance No. 12-17 as presented. 221 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 222 223 UNFINISHED BUSINESS 224 225 There was no Unfinished Business. 226 227 NEW BUSINESS 228 229 There was no New Business. 230 231 COMMUNITY EVENTS 232 233 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, November 234 18th from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 235 236 AMERICAN LEGION Auxiliary Fundraiser will be hosting a chili cook off and a bake sale on 237 Sunday, November 19th before the start of the noon football game. 238 239 TURKEY BINGO will be held at St. Joseph's Church on Sunday, November 19"' from 1:00 p.m. to 24o 4:00 p.m. 241 242 COMMUNITY CALENDAR 243 244 245 246 247 248 249 Community Calendar —A Look Ahead November -to, 2017 through November 21 20 t CITY HALL CLOSED NOVEMBER 23 & 24 - TI-TANKSGNING HOLIDAY Monday, November 27 6:00 pm, Community Room Council Work Session Monday, November 27 6:30 pm, Council Chambers City Council Meeting 250 251 ADJOURN 252 253 There being no further business, the meeting was adjourned at 7:30 p.m. 254 255 These minutes were considered and approved at the regular Council Meeting, November 27, 2017. 256 257 258 259 260 u i e Bartell, Ci Clerk Jeff e'nert, Mayor 261 0