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HomeMy WebLinkAbout11-27-2017 Council Meeting MinutesCOUNCIL MINUTES November 27, 2017 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE November 27, 2017 6 TIME STARTED 6:30 p.m. 7 TIME ENDED 8:05 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; Finance Director Sarah Cotton; City Planner Katie 14 Larsen; City Engineer Diane H and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. 23 24 SPECIAL PRESENTATATION 25 26 Mayor Reinert presented a proclamation to Susan Holtz of Centennial Hockey Association 27 recognizing Hockey Day, January 20, 2018 in the City of Lino Lakes. 28 29 CONSENT AGENDA 30 31 Council Member Rafferty moved to approve the Consent Agenda, Items 1 A and 1 C, presented. 32 Council Member Maher seconded the motion. Motion carried on a voice vote. 33 34 ITEM ACTION 35 36 Consideration of Expenditures: 37 38 November 27, 2017 (Check No. 107140 — 39 107260, $463,941.23) Approved 40 41 November 13, 2017 City Council Meeting Minutes 42 43 Council Member Rafferty noted his concern about certain verbiage in the minutes (noting lines 44, 44 45, 47, 48). His statement at the council meeting related to a question he posed to Administrator 1 COUNCIL MINUTES November 27, 2017 APPROVED 45 Karlson and Community Development Director Grochala on the possibility of a conflict relating to 46 the architectural firm that he works for working with the city's current contract engineering firm. 47 48 The minutes will be held from approval and considered at the next council meeting. 49 50 Council Member Rafferty also noted concern about the same minutes and Lines 106, 107 and 108. 51 He stated that seven years ago he recalled "making the recommendation" but rather he said at that 52 time it was "a must". 53 54 November 6, 2017 Closed Council Session Minutes Approved 55 56 57 FINANCE DEPARTMENT REPORT 58 59 A) 2018 City Fee Schedule: i) Consider Second Reading and Adoption of Ordinance No. 60 1147, Establishing the 2018 City Fee Schedule; ii) Consider Resolution No. 17434, Approving 61 Summary Publication of Ordinance No. 1147 — Finance Director Cotton explained that the council 62 is being asked to approve the second reading of this ordinance as well as a summary for publication. 63 In reviewing the written report, she noted that the changes recommended are noted in red. 64 65 Council Member Rafferty recalled the council's previous discussions about peddler licensing and a 66 decision to modify license fees as they relate to multiple licensees. City Clerk Bartell explained that a 67 change is reflected in the fee schedule as presented and that change is to charge a fee of $35 per 68 individual for licensed representatives over the number of three. 69 70 Council Member Rafferty moved to waive the full reading of Ordinance No. 11-17. Council Member 71 Maher seconded the motion. Motion carried on a voice vote. 72 73 Council Member Rafferty moved to approve the 2nd Reading and adoption of Ordinance No. 11-17 as 74 presented. Council Member Maher seconded the motion. Motion carried: Yeas, 5; Nays none. 75 76 Council Member Maher At approve Resolution No. 17-134 as presented. Council Member 77 Manthey seconded the motion. Motion carried on a voice vote. 78 79 ADMINISTRATION DEPARTMENT REPORT 80 81 3A) Consider Resolution No. 17437, Approving a New On -Sale and Sunday Liquor License 82 for Fiesta Cancun Mexican Grill &Bar —City Clerk Bartell explained that the request relates to a 83 change of license holder for this establishment. When a change occurs, a new application must be 84 submitted. 85 Council Member Kusterman moved to approve Resolution No. 17-137 as presented. Council Member 86 Manthey seconded the motion. Motion carried on a voice vote. 87 3B) Consider 1st Reading of Ordinance No. 0647, Adding Chapter 616 to the Lino Lakes 88 Code of Ordinances, relating to Therapeutic Massage Licensing — City Clerk Bartell explained that 2 COUNCIL MINUTES November 27, 2017 APPROVED 89 the ordinance would add a chapter to the City Code for the purpose of regulating the practice of 90 therapeutic massage. It provides for an application process, including backgrounds, an inspection 91 process and professional requirements. The license would be issued on an annual basis and would 92 require approval of the city council. 93 Council Member Manthey moved to approve the 1st Reading of Ordinance No. 06-17 as presented. 94 Council Member Kusterman seconded the motion. Motion carried on a voice vote. 95 96 PUBLIC SAFETY DEPARTMENT REPORT 97 4A) Consider Acceptance of Monetary Donation to Lino Lakes Public Safety Canine Unit — 98 Public Safety Director Swenson requested that the council provide formal approval to accept the 99 donation of $500 from city resident Jean Mayer, donated to the Public Safety Department's Canine 100 Unit. 101 Council Member Maher moved to accept the donation of Maher as recommended. Council Member 102 Manthey seconded the motion. Motion carried on a voice vote. 103 4B) Consider Hire of Paid On -Call Firefighter —Public Safety Director Swenson reported on 104 his recommendation to hire Brian Gustafson to this position. Mr. Gustafson would come with a 105 number of years of experience in the field and he is a city resident. 106 107 Council Member Manthey moved to approve the hiring of Brian Gustafson as recommended. 108 Council Member Kusterman seconded the motion. Motion carried on a voice vote. 109 110 PUBLIC SERVICES DEPARTMENT REPORT 111 112 There was no report from the Public Services Department. 113 114 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 115 116 6A) Consider Resolution No. 17430 Approving a Variance for Curb Cut/Driveway Width 117 for 41 Century Trail — City Planner Larsen gave a PowerPoint presentation outlining the following: ifF 119 - Driveway variance requested by the resident (specifically a variance on the curbcut); 120 - Aerial map of the property; 121 - Improvement was made to driveway without a permit and it was too large a curbcut; 122 - To reach compliance, the driveway would have to be reduced; 123 - Staff recommended denial of the variance; the Planning and Zoning Board recommended 124 approval (as indicated by the resolution). 125 126 Council Member Maher asked about the cost to the homeowner of making the change but staff wasn't 127 able to provide an estimate. Council Member Maher noted that approving the variance would reflect 128 the council not following the city's rules; she does recognize that there isn't any real harm to the city 129 of allowing the additional size to the driveway. 130 131 Mayor Reinert noted that the council isn't in the habit of approving work, even if it is completed, that 132 doesn't meet the code. He asked about the standard driveway size for other cities but staff was not 3 COUNCIL MINUTES November 27, 2017 APPROVED 133 able to respond. The city engineer remarked that there are driveways in the city that do not meet the 134 standard and there are driveways that have been altered to meet it. 135 136 Council Member Kusterman said he watched the Planning and Zoning Board meeting to understand 137 better how they came to their decision. He heard an impassioned plea from the homeowner at that 138 meeting. While he doesn't like to set precedent by ignoring the regulations, he did hear about the 139 lack of intent in this situation; it was an accident and he doesn't think it will cause a swell in 140 nonconforming driveway construction. He thinks this is one the city can let go, with the stipulation 141 that a permit be taken out (Ms. Larsen added that a permit and penalty for the work has been paid 142 already). 143 144 Mayor Reinert remarked that things change, such as it being more common to have a three car garage, 145 so maybe it's time to take a look at the regulations. It's a topic for discussion at a future work 146 session. 147 148 Council Member Rafferty suggested that the city engineer mentioned that some individuals have had 149 to change their driveway to meet regulations. He recognizes though that some driveways are 150 concrete, some are asphalt and some are even gravel and there would be a big difference in making 151 changes. Is there information on what types of driveways have been changed due to error? City 152 Engineer Hankee first noted that she's aware that other communities do restrict driveway width (even 153 narrower in some cases) in order to balance green space and for aesthetics. Mayor Reinert said that 154 the question would be part of the future discussion. 155 156 Council Member Maher remarked that given the expense of having a concrete driveway installed, she 157 has a hard time understanding that people would risk not doing it correctly. She would be more 158 comfortable granting a variance when a homeowner makes an error as opposed to a contractor. 159 160 The homeowner addressed the council. The work was done by her father and she trusted that he 161 would do it correctly and with a permit. The instructions to the workers was actually to remove and 162 replace the driveway; she attributes some confusion perhaps to the fact that she removed some 163 landscape rock on the sides of the driveway. There was no intent to enlarge the driveway but she'd 164 prefer to leave the concrete as is. 165 166 Council Member Kusterman moved to approve Resolution No. 17-130 as presented. Council 167 Member Rafferty seconded the motion. Motion carried on a voice vote. 168 613) Consider Resolution No. 17431 Approving a Variance to Allow for the Minor Subdivision 169 of a Portion of Outlot A, Lino Air Park North —City Planner Larsen presented information to the 170 council on the variance request: 171 172 - Unique situation at 345 Carl Street with an Outlot A platted in 1977; 173 - The outlot (2 feet wide, 1200 feet long) is known as a spite strip (to prevent development of the 174 property); 175 - The adjacent parcel is to be purchased (vacant) for development of a single family home; COUNCIL MINUTES November 27, 2017 APPROVED 176 - The vacant parcel is substandard and developable but it must abutt the street, which is prevented 177 by the outlot strip; 178 - The proposal is to do a minor subdivision providing for three parcels to be combined with their 179 related parcels. 180 - Technically this would require a variance because the small parcels wouldn't meet the 181 requirements. 182 183 Council Member Kusterman moved to approve Resolution No. 17430 as presented. Council 184 Member Manthey seconded the motion. Motion carried on a voice vote. 185 186 6C) Consider Resolution No. 17432 Approving a Conditional Use Permit for St. Joseph of 187 the Lakes Church Rectory — City Planner Larsen reviewed information on the request: 189 - Proposed home to be used as the church rectory (site located on an aerial view); 190 - Property zoning allows for the church facilities only with a conditional use permit which 191 would have to be amended to allow for construction of the rectory; 192 - No new access is proposed from Elm Street (access from the existing driveway); 193 - Water and sewer hookup would be included; no drainage problems have been identified; 194 - Site Plan was reviewed as well as findings of fact; 195 - Planning and Zoning Board reviewed and approved with removal of staff stipulation limiting 196 residence of home to church. 197 198 Council Member Rafferty clarified that if there are any changes to the plans, they would have to come 199 back to council. 200 201 Council Member Kusterman moved to approve Resolution No. 17432 as presented. Council 202 Member Manthey seconded the motion. Motion carried on a voice vote. 203 6D) Consider Resolution No. 17- 127, Approving Northeast Lino Lakes Comprehensive 204 Stornit watVIA Management Plan —City Engineer Hankee introduced Katy Thompson of WSB & 205 Associates. Ms. Thompson reviewed a PowerPoint presentation outlining the following: 206 207 - Background on the Plan as a framework for regional Stormwater management in the northeast 208 area of the city; 209 - The current undersized ditch system that serves the area; 210 - Goals as they relate to current land owners and future plans and improvements; 211 - Map of area shown and existing drainage; 212 - Existing limitations of system; 213 - Proposed system (open channel draining to Peltier) shown on map; 214 - Effectiveness of proposed system and benefit to landowners; 215 - Future development implications. 216 217 Ms. Thompson noted that the resolution would approve the plan and, if approved, the plan would be 218 forwarded to the Rice Creek Watershed for review. 219 5 COUNCIL MINUTES November 27, 2017 APPROVED 220 Council Member Kusterman wondered if the watershed district has been involved in development of the 221 plan and Ms. Thompson concurred. 222 223 Council Member Kusterman moved to approve Resolution No. 17427 as presented. Council 224 Member Maher seconded the motion. Motion carried on a voice vote. 225 226 6E) Consider 2nd Reading of Ordinance No. 1247, Vacating Drainage and Utility Easement 227 Lot 2, Block 1 of St. Clair Estates — City Engineer Hankee explained that staff is requested approval 228 of the second reading of this ordinance. The ordinance would provide for a vacation of an easement 229 that is necessary due to the modification of a storm sewer system that in turn would allow for 230 construction of a proposed home. An ordinance is required for a vacation such as this. The first 231 reading was approved previously by the council. 232 233 Council Member Kusterman moved to waive the full reading of Ordinance No. 12-17. Council 234 Member Manthey seconded the motion. Motion carried on a voice vote. 235 236 Council Member Maher moved to approve the 2nd Reading and adoption of Ordinance No. 12-17 as 237 presented. Council Member Rafferty seconded the motion. Motion carried: Yeas, 5; Nays none. 238 239 6F) Authorizing Preparation of Report on Improvements (Amending May 8, 2017 Feasibility 240 Report): i) Consider Resolution No. 17435, Authorizing Preparation of Report on 241 Improvements, West Shadow Lake Area Street and Utilities; ii) Consider Resolution No. 17- 242 136, Authorizing Preparation of Report on Improvements, LaMotte Area Street and Utilities — 243 City Engineer Hankee reviewed a PowerPoint presentation outlining the status of the project and 244 responding to previous council inquires, as follows: 245 246 - Previous information and council authorizations related to projects; 24 / - Staff is currently working on roadway design and working with neighborhood on the 248 consideration of utility extension (neighborhood meetings are scheduled to talk about process 249 as opposed to costs); 250 - Roadway and drainage design update, including current conditions and looking ahead; 251 - Municipal utility discussion for both West Shadow Lake and LaMotte (including chart on age 252 of wells and septic systems) 253 - Proposed funding review; 254 - Municipal Utility Report that is forthcoming; 255 - Project schedule. 256 257 Ms. Hankee noted the upcoming open houses for residents. 258 259 Council Member Rafferty noted a survey for the LaMotte neighborhood is mentioned in the report; if 260 that occurs but everyone doesn't participate, will that be a part of consideration. Community 261 Development Director Grochala said they will track addresses as part of considering responses. 262 Council Member Rafferty also asked for clarification on how a loop of a water system (involving 263 Centerville) would be funded. 264 J COUNCIL MINUTES November 27, 2017 265 Council Member Kusterman asked about financing options for people who want to connect to 266 utilities. Staff explained options are to assess up front or to do connection charges when people hook 267 up (with the city carrying charges). Council Member Kusterman remarked that it behooves the city to 268 look at options that encourage people to hook up, including internal financing. 269 270 Community Development Director Grochala clarified spoke to differences between the LaMotte and 271 West Shadow situations. 272 273 Council Member Rafferty asked about consideration of future hook ups and the difference in costs 274 that would normally occur over periods of time. Staff indicated that costs will be reviewed yearly. 275 276 Council Member Maher confirmed that the council will see all the costs when staff reports back on 277 December 11. Ms. Hankee concurred. 278 279 Council Member Kusterman moved to approve Resolutions No. 17-135 and 17-136 as presented. 280 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 281 282 6G) Consider Resolution No. 17438, Accepting Quotes and Awarding a Construction 283 Contract, Surfacewater Maintenance Project, Block 3 — Pheasant Hills Preserve 511 Addition — 284 City Engineer Hankee reviewed her written staff report. The project relates to a request to resolve an 285 issue and the project would be one hundred percent funded by the property owner involved. 286 287 Council Member Kusterman asked if the problem is a result of an error that occurred during original 288 development of the property? Ms. Hankee noted that changes in the area occur over time, such as 289 berming, and that impacts the drainage. 290 291 Council Member Kusterman moved to approve Resolution No. 17-138 as presented. Council 292 Member Maher seconded the motion. Motion carried on a voice vote. 293 294 UNFINISHED BUSINESS 295 296 There was no Unfinished Business. 297 298 NEW BUSINESS 299 300 There was no New Business. 301 302 COMMUNITY EVENTS 303 304 SECRET HOLIDAY SHOPPING will be held at 1189 Main Street on Saturday, December 9 from 305 9:00 a.m. to 11:30 a.m. For additional information please contact 651-982-2445. 306 307 7 COUNCIL MINUTES November 27, 2017 APPROVED 308 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFF locations are located at Lino Lakes City 309 Hall. Collection of toys and food for the upcoming holiday will serve folks right here in our 310 community. For more information, please contact Lisa Hogstad-Osterhues at 651-982-2424. 311 312 COMMUNITY CALENDAR 313 314 315 316 317 318 319 320 Community Calendar— Look Ahead November 27, 2017 through December 11, 2017 Wednesday, November 29 6:30 pm, Council Chambers Environmental Board Wednesday, November 29 Monday, December 4 Thursday, December 7 Monday, December 11 6:30 pmCommunity Room , 6:00 pm, Community Room 8:00 am, Community Room 6:30 pm, Council Chambers Park Board Council Work Session EDAC 321 322 ADJOURN 323 324 There being no further business, Council Member Rafferty moved to adjourn at 8#05 p.m. Council 325 Member Manthey seconded the motion. Motion carried on a voice vote. 326 327 These minutes were considered and approved at the regular Council Meeting, December 11, 2017. 328 329 330 331 332 u ' e Bartell, City Jerk eff Re' rt, Mayor 333