HomeMy WebLinkAbout06-26-2017 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, June 26, 2017
***********
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
COUNCIL WORK SESSION, 6:00 P.M.
Community Room (not televised)
1.Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Rafferty, Kusterman, Manthey, and Mayor Reinert
were present; Council Member Maher was absent
Pledge of Allegiance
Open Mike / Public Comment - none
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented
1.CONSENT AGENDA
A)Consideration of Expenditures:
i)June 26, 2017 (Check No. 106046 through 106286 in the
amount of $762,759.83
Item 1A pulled from agenda (Post Board payment approved)
B)Consider approval of June 5, 2017 Work Session Minutes
Action Taken: Motion by Rafferty, seconded by Maher, to approve
Consent Agenda Item 1B as presented, was adopted
C)Consider approval of June 12, 2017 Council Meeting Minutes
Action Taken: Motion by Rafferty, seconded by Maher, to approve
Consent Agenda Item 1C as presented, was adopted (Kusterman
abstained)
D)Consideration of Not Waiving Monetary Limits on Tort Liability per MN
Statute 466.04
Item 1D pulled from agenda
2.FINANCE DEPARTMENT REPORT
No report
3.ADMINISTRATION DEPARTMENT REPORT
A)Consider 2nd Reading and Adoption of Ordinance No. 03-17, Relating to
Liquor and Beer Sales on Sunday, Julie Bartell
Council Agenda -2- June 26, 2017
Action Taken: Motion by Rafferty, seconded by Maher, to approve the
2nd Reading and Adoption of Ordinance No. 03-17 as presented, was
adopted: Yeas, 5; Nays none
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Hiring Paid On-Call Firefighter, John Swenson
Action Taken: Motion by Maher, seconded by Rafferty, to
approve the hiring of ________ as recommended, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
A) Consider Resolution No. 17-57, Approving Purchase of Playground
Equipment for NorthPointe Park, Rick DeGardner
Action Taken: Motion by Manthey, seconded by Kusterman, to
approve Resolution No. 17-57 as presented, was adopted
6. COMMUNITY DEVELOPMENT REPORT
A) NorthPointe 6th Addition, Katie Larsen
i. PUBLIC HEARING: Consider 1st Reading of Ordinance No. 05-17
Vacating Drainage & Utility Easement (Outlot D, NorthPointe 5th
Addition)
Action Taken: Motion by Maher, seconded by Rafferty, to
approve the 1st Reading of Ordinance No. 05-17 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Meeting adjourned at 6:48 p.m
Following adjournment of the regular meeting, the council will reconvene to a special
work session to discuss the Watermark development
Community Calendar – A Look Ahead
June 26, 2017 through July 10, 2017
Tuesday, July 4 CLOSED INDEPENDENCE DAY
Wednesday, July 5 6:00 pm, Community Room Council Work Session
Thursday, July 6 8:00 am, Community Room EDAC
Monday, July 10 6:30 pm, Council Chambers Council Meeting
Monday, July 10(resched) 6:30 pm, Community Room Park Board
CITY COUNCIL AGENDA
Monday, June 26, 2017
***********
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
COUNCIL WORK SESSION, 6:00 P.M.
Community Room (not televised)
1. Review Regular Agenda
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) June 26, 2017 (Check No. 106046 through 106286 in the
amount of $762,759.83
B) Consider approval of June 5, 2017 Work Session Minutes
C) Consider approval of June 12, 2017 Council Meeting Minutes
Council Member Kusterman absent
D) Consideration of Not Waiving Monetary Limits on Tort Liability per MN
Statute 466.04
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider 2nd Reading and Adoption of Ordinance No. 03-17, Relating to
Liquor and Beer Sales on Sunday, Julie Bartell
*Council may vote to dispense with full reading of ordinance
*Roll call vote is required for adoption of the ordinance
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Hiring Paid On-Call Firefighter, John Swenson
Council Agenda -2- June 26, 2017
5. PUBLIC SERVICES DEPARTMENT REPORT
A) Consider Resolution No. 17-57, Approving Purchase of Playground Equipment
for NorthPointe Park, Rick DeGardner
6. COMMUNITY DEVELOPMENT REPORT
A) NorthPointe 6th Addition, Katie Larsen
i. PUBLIC HEARING: Consider 1st Reading of Ordinance No. 05-17
Vacating Drainage & Utility Easement (Outlot D, NorthPointe 5th
Addition)
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following adjournment of the regular meeting, the council will reconvene to a special
work session to discuss the Watermark development
Community Calendar – A Look Ahead
June 26, 2017 through July 10, 2017
Tuesday, July 4 CLOSED INDEPENDENCE DAY
Wednesday, July 5 6:00 pm, Community Room Council Work Session
Thursday, July 6 8:00 am, Community Room EDAC
Monday, July 10 6:30 pm, Council Chambers Council Meeting
Monday, July 10(resched) 6:30 pm, Council Chambers Park Board
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : June 5, 2017 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 10:15 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 John 11
Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12
Cotton; City Engineer Diane Hankee; Director of Public Works Rick DeGardner; 13
Environmental Coordinator Marty Asleson; City Clerk Julie Bartell. 14
15
1. Review 2016 Annual Audit, Redpath and Company, Ltd. – Finance Director 16
Cotton introduced the Redpath representative Andy Hering who distributed a written 17
review of the 2016 Audit. Mr. Hering’s report covered: 18
19
- Excellence in Financial Reporting Award; 20
- Report on Internal Controls; 21
- Report on legal compliance; there was discussion about the City’s investments 22
and the amount of interest received on restricted investments; the council 23
requested further discussion on the matter at the next work session; information 24
requested on what types of investments are best for the city; 25
- Communication to Those Charged with Governance; 26
- Pensions; Net pension liability increase was noted, including discrepancy in 27
assumed pension return; 28
- Summary of Financial Activity; 29
- General Fund Summary; 30
- General Fund Five Year History; 31
- General Fund Monthly Cash Balances; 32
- Special Revenue Funds; Program Recreation decrease was noted and Mayor 33
Reinert asked that staff report on that fund specifically at the next work session; 34
- Debt Service Funds; 35
- Capital Project Funds; 36
- Enterprise Fund (Change in Net Position and Cash Flow) 37
38
Mayor Reinert commended the presentation which was more to the point than past audits. 39
2. Arlo Lane Stop Sign Request – City Engineer Hankee reviewed her written 40
report. The request received from the neighborhood to study traffic in the area did go 41
through a standard review process. She explained the process used to conduct the study 42
and how the process compares with the state standard and aligns with what other cities 43
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
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use for study criteria. She reviewed the recommendations, including no stop sign with 44
continued monitoring of the traffic by the Police and continued traffic monitoring. 45
A resident of the street (not identified) addressed the council. He noted concerns about 46
how the traffic study was conducted (noting on a map the area where speed sticks were 47
used for the study). There are very many children in the area. When the mayor asked if 48
speeders are people from the neighborhood, the residents present said yes, noting that 49
there are quite a few teens. 50
51
Residents spoke in favor of a stop sign and asked for a new traffic study with different 52
data gathering sites. 53
54
Public Safety Director explained that placing a stop sign where drivers don’t expect it 55
creates a less safe situation because of an expectation that may not be met (drivers may 56
not stop). He would be interested in data from a different spot though. Also he wonders 57
about being creative by placing temporary speed bumps. 58
59
Mayor Reinert noted the results of the speed study; what changes or devices does the 60
study result point to? 61
62
The council directed staff to work further on the issue (additional data to be gathered and 63
communication to area residents) and report back at the July work session. 64
3. Culvert Maintenance ACD 10-22-32 – City Engineer Hankee introduced the 65
Rice Creek Watershed district representatives. Ms. Hankee reviewed the council 66
direction to staff to gather additional data on the culvert area in addressing the 67
draining/flooding situation that has occurred there. She reviewed communication with 68
the property owner of the specific site where the culvert is located and the area residents 69
who have expressed concern. She noted the balance required in maintaining the drainage 70
systems. The history of the culvert and ditch system was reviewed. 71
72
Ms. Hankee explained the work that has been done to address the flooding. The water 73
has receded to normal levels. 74
75
Ms. Hankee recalled a request to report on the original development (Bluebell Ponds) of 76
the area; as outlined in the staff report there was study included with that development. 77
78
Mayor Reinert noted the circumstances that created the problem and that it seems that it is 79
back to normal. An area resident disagreed, noting first that a certain area has cleared 80
but noting also his concern about the dead trees near his home that are still sitting in 81
water. He feels that the original plans and culvert don’t address all of the problem. 82
83
The son-in-law of a resident explained the current situation whereby there is still water 84
threatening homes. 85
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
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86
Mayor Reinert remarked that the discussion is about addressing the current as well as 87
long-term. 88
89
Environmental Coordinator Asleson explained how the ditch did not start out under the 90
jurisdiction of the RCWD but eventually that happened. 91
92
Tom Schmidt, Rice Creek Watershed District (RCWD), first reported that the regular 93
Peltier Lake drawdown did not occur due to high water; it may happen this fall. In 94
response to tonight’s discussion about the ditch, it was replaced in 2013 as part of regular 95
repair. It has already been designated as a public ditch (this portion), however, crossings, 96
under drainage law, are not public responsibility. The culvert needs to be kept clean and 97
the RCWD cannot keep up with regular checks on all the culverts in all the systems in 98
their district – they tend to respond to complaints. He reported that the board is anxious 99
to see a long-term solution to this situation. The ditch/culvert was not intended to be a 100
flood avoidance tool and they cannot change the size. The city/residents are free to 101
request a reset of the grade but that comes with financial implications. The current 102
situation has improved but it must be recognized that the ditch system was not intended to 103
be fast or complete. 104
105
Mayor Reinert asked Mr. Schmidt if petitioning a drop would be the correct long-term 106
solution? 107
108
Area resident noted history of the culverts. 109
110
Community Development Director Grochala noted that there are many complications. 111
This is a very wet year (ground water level is high everywhere in the city) along with 112
other situations. Mayor Reinert asked if this is a temporary situation and Mr. Grochala 113
remarked that he believes so as long as it doesn’t keep raining unreasonably. Ms. 114
Hankee showed how the floodplain affects the area and indications that the water will 115
drain. 116
117
Mayor Reinert suggested that there should be a plan in place in case things don’t improve. 118
Mr. Grochala remarked that a plan/analysis could end up being pretty extensive and 119
would probably result in a recommendation for additional storage area (ponds) and that is 120
fairly expensive. 121
122
Mr. Schmidt of the RCWD explained that the City of Columbus (near this problem area) 123
has been experiencing flooding and is in discussion about how to address their situation. 124
The ditch system was never intended to pull water from a large area and the sandy soil in 125
the area, when it becomes saturated, will not accept any more water. He also reviewed 126
the history of development of the ditch system and the area that was assessed for benefit. 127
128
Area resident remarked that the problem relates to removal of a culvert and replacement 129
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
DRAFT
4
at a higher level. Ms. Asleson said he was present when the original culvert was 130
replaced and it was not put in at a higher level. 131
132
Mayor Reinert suggested that the immediate issue has been addressed. Area resident 133
said the water is higher than it was twenty years ago and Mayor Reinert asked how that 134
could be addressed. Mr. Grochala explained that the culvert was put in at the point 135
acceptable to the RCWD. Ms. Hankee noted that staff has added pond cleaning in the 136
area to the city’s water management program and they have added other improvements to 137
plans. She added that flood insurance is available to the area residents as well. 138
139
Mr. Schmidt talked about the work planned by the RCWD (ditch cleaning, i.e.) and 140
district wide impacts of changes. They will help when they are called upon and staff here 141
at the city have been good at keeping an eye on things. 142
143
Mayor Reinert suggested the matter be watched carefully (as has been done to this point) 144
and staff will add the matter to the weekly progress report. If this continues to be a 145
problem, it will have to be addressed long term. 146
4. 2018 City Budget – Mayor Reinert noted that the budget agenda item includes a 147
salary change for an employee; he would prefer to handle all salary topics at the same 148
time, with the union increases and anything else in that area. Administrator Karlson said 149
he wanted the information on the table. On the budget, he noted the following will be 150
plugged into the budget at this time: 151
- 2.75% overall cost of living increase; 152
- Anticipates a 15% increase in health care; 153
154
Finance Director Cotton explained the changes to the budget consideration process that 155
staff plans for this year. There will be a baseline budget and beyond that directors are 156
expected to submit detailed information for any changes. She explained the budget 157
review schedule. 158
159
Mayor Reinert asked for a report on what costs have gone down, i.e. bonds for the city 160
hall facility will be paid off, savings on outsourcing, etc. 161
162
Director Cotton reviewed the written report: 163
- Preliminary estimates on tax revenues; 164
- Use of funds from the Closed Bond Fund and reserve funds; 165
- Current information on fund balance; 166
- Increase projected in dental insurance; 167
- Increase in employee contribution to PERA that will be pulled out if not approved 168
at the state level. 169
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
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She noted that directors are working on their budgets and will be submitting information 170
in the next week. A mid-year look at health insurance will be coming soon. 171
172
There was discussion about when the council will next discuss the budget. Staff 173
proposes a budget work session on July 31, with the council receiving the proposed 174
budget a couple weeks prior to that date. The mayor suggested it would be prudent for 175
the council to receive the proposal as early in the process as possible. Administrator 176
Karlson remarked that staff plans to improve the product that the council receives for 177
review. Staff will do a drill down and then send information to the council around July 178
10. 179
180
Director Cotton asked the council about their priorities. Mayor Reinert recalled the goal 181
setting session and the identified priority to consider amenities for the residents. 182
183
5. 5-Year Street Reconstruction Plan – Community Development Director 184
Grochala noted that staff has published the notice for a public hearing and are currently 185
pulling together the numbers that they will need for the project plans. He reviewed a map 186
showing the streets proposed to be included in a five year plan. He explained the process 187
after the hearing, allowing for a petition, and moving toward the bid process and 188
eventually issuance of bonds. 189
190
Council Member Maher asked if there is any more information on the West Shadow 191
project since the council’s last discussion and Director Grochala said no. He reviewed 192
the actual plan, its content and cost projections. The council will be asked to approve 193
the plan and a preliminary approval to bond issuance down the line (although the 194
approval isn’t binding on following through with the plan nor issuance of bonds). 195
196
Mayor Reinert asked if there are any issues of concern and Mr. Grochala suggested that 197
he feels the project is of great interest to many residents, especially the sewer element. H 198
added that there could be some challenges with the design and there could be some 199
concern about the price tag. Mr. Grochala explained the process if right of way 200
acquisition needs to move forward. 201
202
6. Outsourcing Review - Mayor Reinert said he’d like for the process to be more 203
routine. He requests a list of all the services the city receives on contract and a process to 204
look regularly at those outsourced services, including a rotation recommendation. It’s a 205
good process to keep looking as it keeps the pencil sharpened. 206
207
Council Member Maher asked if there is a way to look at internal services and the value 208
of sending some of those out. 209
210
7. Update on Ace Program – Public Safety Director Swenson briefly explained the 211
program that offers education to improve safety rather than the standard fine system. 212
The incentive for the individual is that the citation doesn’t go onto their record. The 213
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
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programs are highly regulated under state law. He explained the voluntary nature of the 214
program and how information is provided when tickets are issued. 215
216
- There are 189 individuals in program so far this year (down by about 80 from last 217
year this time); 218
- Staff will continue to monitor activity in the program and decide about filling an 219
open CSO position based on activity. 220
221
Mayor Reinert asked if it would be appropriate to allow people to participate more than 222
once and Director Swenson said no because the program is based on a defined option of 223
receiving education once; you wouldn’t want a program that enables bad driving without 224
any consequences on record. Chief Swenson added that the program does have some 225
allowance for participation for different offenses. 226
227
Council Member Manthey asked if the fees could be an issue in participation levels and 228
Director Swenson remarked that the feedback received from participants doesn’t include 229
cost concerns. 230
231
8. Speed Limit Changes on Main Street – Mayor Reinert noted the number of 232
speed limit changes along the roadway. Some residents have indicated concern about the 233
confusion and if it is done to cause reason for tickets. 234
235
Community Development Director Grochala reviewed a map indicating the actual speed 236
limits on Main Street as well as other major roadways in the area. 237
238
Mayor Reinert said he can see how the changes make sense (schools, roadway changes, 239
etc). He confirmed that the changes are clearly posted wherever they occur. 240
241
9. Winter Parking Restrictions – Mayor Reinert noted that he’s heard from 242
residents on this issue many, many times. When there is no snow, no snow in the 243
forecast, and therefore no plans for plowing, they wonder why they get ticketed. 244
245
Public Safety Director Swenson said that regulations could be changed to indicate parking 246
is snow related but he fears that cars will be left when plowing is needed. 247
248
Council Member Kusterman said he likes the idea of giving a warning and doesn’t 249
support the removal of restrictions because there will be consequences when you do want 250
to plow. He wonders if the Police Department can handle the calls reporting the use of 251
the street and Director Swenson said he doesn’t see it as problematic. 252
253
The council concurred that the current regulations should stand but a warning system 254
should be considered. 255
256
CITY COUNCIL SPECIAL WORK SESSION June 5, 2017
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10. Council Review of Department Directors – Mayor Reinert said he wants this as 257
a casual discussion item. It would be more a means of annual communication with 258
directors to discuss things that are going well and not. Otherwise the council doesn’t 259
have any contact with directors other than occasional interaction with items coming 260
forward. 261
262
Council Member Kusterman said he wouldn’t support the direct approach. He expects 263
the City Administrator to handle performance review and that he should come forward 264
with any concerns that reach the council level. 265
266
11. Step Adjustments for New Employees – Administrator Karlson reviewed his 267
written report outlining how the step program works for city employees. There are 268
normally six steps. He explained the benefit of being able to hire at a lower rate. He 269
doesn’t want to come to the council continually to discuss individual step amounts. It is 270
also a retention issue. 271
272
Mayor Reinert recalled previous discussions on the matter. While he realizes that there is 273
a probationary period, he wonders why the city uses six steps. 274
275
The city council discussed the automatic nature of the program. They heard about how 276
the process serves the city from Administrator Karlson. 277
278
12. Council Updates on Boards/Commissions, City Council - none. 279
280
13. Monthly Progress Report – Administrator Karlson reviewed his written report. 281
282
14. Review Regular Agenda – The agenda was reviewed and there were no changes. 283
284
The meeting was adjourned at 10:15 p.m. 285
286
These minutes were considered, corrected and approved at the regular Council meeting held on 287
June 26, 2017. 288
289
290
291
292
Julianne Bartell, City Clerk Jeff Reinert, Mayor 293
294
COUNCIL MINUTES June 12, 2017
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : June 12, 2017 4
TIME STARTED : 6:30 p.m. 5
TIME ENDED : 7:30 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Maher, 7
Manthey, and Mayor Reinert 8
MEMBERS ABSENT : Council Member Kusterman 9
10
Staff members present: Community Development Director Michael Grochala; Director of Public 11
Safety John Swenson; Finance Director Sarah Cotton; City Planner Katie Larsen; and City Clerk Julie 12
Bartell 13
14
PUBLIC COMMENT 15
16
No one was present to address the council regarding a matter not on the agenda. 17
18
SETTING THE AGENDA 19
20
The agenda was approved as presented. 21
22
CONSENT AGENDA 23
24
Council Member Rafferty moved to approve the Consent Agenda, as amended to remove the payment 25
of $764.30 to CNH from the expenditure authorization. Council Member Manthey seconded the 26
motion. Motion carried on a voice vote. 27
28
ITEM ACTION 29
30
Consideration of Expenditures: 31
32
June 12, 2017 (Check No. 105958 – 33
106045, $292,403.35) Approved 34
35
May 22, 2017 Council Work Session Minutes Approved 36
37
May 22, 2017 City Council Meeting Minutes Approved 38
39
Resolution No. 17-55, Approving the Renewal 40
Of Liquor, Wine, and Beer licenses for the 41
2017/2018 licensing period Approved 42
43
Resolution No. 17-56, Approving Renewal of 2017/2018 44
Tobacco License Renewals Approved 45
COUNCIL MINUTES June 12, 2017
DRAFT
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Resolution No. 17-51, Approving a Temporary On Sale 46
Liquor License, a Cabaret License, an Exemption for 47
Gambling Permit and Parade Run Permit for the Annual 48
St. Joseph’s Catholic Church August Festival Approved 49
50
FINANCE DEPARTMENT REPORT 51
52
2A) Consider Accepting 2016 Audit Report, Redpath and Company, Ltd – Finance Director 53
Cotton introduced Redpath representative Andy Hering who summarily reviewed the results of the 54
audit (the full report and summary on file). 55
56
Council Member Maher asked for additional information on the Certificate for Excellence in 57
Financial Reporting; is that something all cities receive? Representative Hering explained that it is 58
common for cities to apply for the designation but there are some cities that don’t apply and 59
occasionally a certificate application may be denied. 60
61
Mayor Reinert remarked that the City has a healthy fund reserve and although those funds are 62
protected from anything other than very conservative investments, he’d like to explore further the best 63
investments. 64
65
Council Member Rafferty moved to accept the 2016 Audit Report as presented. Council Member 66
Manthey seconded the motion. Motion carried on a voice vote. 67
68
ADMINISTRATION DEPARTMENT REPORT 69
70
3A) Consider 1st Reading of Ordinance No. 03-17, Relating to Liquor and Beer Off-Sales on 71
Sunday – City Clerk Bartell explained that the State Legislature approved and the governor signed a 72
law that legalizes the off-sale of liquor on Sundays, effective July 1, 2017, with sales to be allowed 73
between the hours of 11:00 a.m. and 6:00 p.m. She indicated that city staff has reviewed the city’s 74
liquor regulations and prepared an ordinance that would bring the city code into concurrence with the 75
new state law. If the ordinance is finally approved by the council (receives first and second reading), 76
staff will proceed to inform the city’s off-sale license holders as part of their annual license renewal 77
on July 1. 78
79
Council Member Maher moved to approve the 1st Reading of Ordinance No. 03-17 as presented. 80
Council Member Rafferty seconded the motion. Motion carried on a voice vote. 81
82
PUBLIC SAFETY DEPARTMENT REPORT 83
84
4A) Consider Resolution No. 17-52, Reaffirming Lino Lakes Participation in Anoka County 85
All Hazard Mitigation Plan – Public Safety Director Swenson reviewed his written report, outlining 86
a) the city’s participation in this mitigation plan; b) rule changes that require municipalities to update 87
their participation every five years. He explained that the Plan serves as a blueprint for cities to 88
follow as they make their own preparations for mitigation situations and links the city to FEMA 89
resources. 90
COUNCIL MINUTES June 12, 2017
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91
Mayor Reinert asked if there are any cities that do not participate in the plan and Director Swenson 92
said he knows of none. 93
94
Council Member Maher recommended that the report is good reading for all citizens; it provides 95
valuable insight on the actions that are planned for emergencies. 96
97
Council Member Manthey moved to approve Resolution No 17-52 as presented. Council Member 98
Maher seconded the motion. Motion carried on a voice vote. 99
100
4B) Consider Donation of Seized Property to Bikes for Kids – Public Safety Director Swenson 101
explained the staff recommendation to donate seven bikes to a non-profit program. Donation is 102
allowed under city ordinance for unclaimed property such as in this case. These bicycles have been 103
fully dealt with through the system. 104
105
Council Member Manthey moved to approve the donation of seized property. Council Member 106
Maher seconded the motion. Motion carried on a voice vote. 107
108
PUBLIC SERVICES DEPARTMENT REPORT 109
110
There was no report from the Public Services Department. 111
112
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 113
114
6A) Public Hearing; Consider Resolution No. 17-54, Adopting a Street Reconstruction Plan 115
and Authorizing Issuance of Street Reconstruction Bonds – Community Development Director 116
Grochala reviewed a presentation including information on: 117
- The history of improvement projects proposed for West Shadow Lake Drive and LaMotte 118
project; 119
- The proposed Street Reconstruction project does not include sewer or water improvements; 120
street and storm water improvements only; 121
- The 2018 plan would be West Shadow Lake Drive/LaMotte project; 122
- The 2021 plan would include Diane, Elbe, Danube, 81st Street and a stretch of 4th Avenue on 123
the north side; 124
- The amount of funds required for the 2018 project; 125
- Bonding is planned; 126
- City Charter restrictions do not apply; 127
- Plan is subject to reverse referendum; 128
- Plan must be approved unanimously by all council members present at meeting; 129
- Public Hearing is required and is being held tonight. 130
131
The schedule going forward was reviewed, with or without receipt of a valid petition. He clarified 132
that the approval of the Plan would not approve nor commit the city to the issuance of bonds; that 133
would be a separate process and consideration. 134
135
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He introduced bond counsel from Kennedy and Graven available to answer questions. 136
137
Mayor Reinert opened the public hearing. 138
139
Charles Puskas, 6994 West Shadow Lake Drive, noted that he has read the feasibility study. He 140
noted language in that study that suggests sewer connection could be considered. Community 141
Development Director Grochala remarked that the city has explored the possibility of extending sewer 142
services, there is a trunk main in place on the north end of the project, and he would suggest it would 143
be a wise decision, however, consideration tonight is only for a street and storm water project. Going 144
forward, there will be a review of other improvements and evaluation of sewer and water extension. 145
146
Mayor Reinert recalled past street improvement discussions with neighborhoods where the residents 147
were found to be happy with their well water. It’s been more successful to split the type of projects 148
and let people decide on the improvements that best fit their situation. West Shadow Lake Drive has 149
been the subject of discussion for many years and the roadway is in very poor shape and he feels it is 150
irresponsible for the city to not fix the roadway. Having the roadway dug up could create a great 151
opportunity for residents on the street to get their sewer and water improvements done; that is a 152
decision that will be considered by the residents. 153
154
There being no one else wishing to speak, the public hearing was closed at 7:07 p.m. 155
156
Community Development Director Grochala explained the process going forward, if a valid petition 157
is not received, including further development of a project study and development of plans and 158
specifications. This would be a design engineering process but also ongoing discussion process with 159
the neighborhood and impacted property such as the golf course. The first actions that residents will 160
see will be surveyors collecting data, well and septic locating, and establishment of neighborhood 161
meetings to keep people up to date in late August or early September. 162
163
Staff discussed with Council Member Rafferty the process foreseen on consideration of sewer 164
improvements – there will be additional data gathered and presented to the residents and decisions 165
made at that level. The neighborhood will have much opportunity for input to the process. 166
167
Council Member Rafferty moved to approve Resolution No. 17-54 as presented. Council Member 168
Manthey seconded the motion. Motion carried on a voice vote. 169
170
6B) Lino Lakes Elementary School Renovation 171
i. Consider Resolution No. 16-151, Approving Site Improvement Performance 172
Agreement 173
ii. Consider Resolution No. 17-53, Approving Maintenance Agreement for 174
Stormwater Management Facilities 175
176
City Planner Larsen recalled previous council approval of renovation plans for Lino Lakes 177
Elementary and she described the type of improvements planned. It is a city standard that a project 178
of this type include the agreements being presented to the council. She noted that the existing 179
crosswalk will be removed based on a decision by the school district and county that is safety based. 180
COUNCIL MINUTES June 12, 2017
DRAFT
5
181
Council Member Manthey asked if there has been discussion about the loss of community access to 182
the school playground and facilities with the removal of the crosswalk. It’s odd to him that they are 183
choosing to lose that access. Ms. Larsen indicated that the county and school ultimately make the 184
decision. The council expressed their desire to have the concern on the record. Mayor Reinert 185
pledged that the city is open to resident comments on the matter and oftentimes the city hears those 186
comments first. 187
188
Council Member Rafferty moved to approve Resolution No. 16-151 as presented. Council Member 189
Maher seconded the motion. Motion carried on a voice vote. 190
191
Council Member Rafferty moved to approve Resolution No. 17-53 as presented. Council Member 192
Maher seconded the motion. Motion carried on a voice vote. 193
194
UNFINISHED BUSINESS 195
196
There was no Unfinished Business. 197
198
NEW BUSINESS 199
200
There was no New Business. 201
202
COMMUNITY EVENTS 203
204
MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, June 17 from 205
10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 206
207
BEYOND THE YELLOW RIBBON - Beyond the Yellow Ribbon Lino Lakes is proud to be teaming 208
up with the Chain of Lakes Rotary, Quad Chamber and the Lino Lake Business Community to 209
provide dinner at Veterans Campground on Big Marine Lake. Active military, veterans along with 210
their families and BTYR volunteers are invited to this free evening on June 29 of dining and 211
socializing. There will be free transportation by bus leaving from the American Legion in Lino Lakes 212
or you may drive yourself. The bus boards at 5:20 p.m. We will be leaving the campgrounds at 8pm. 213
Sign up by June 25th at the American Legion in Lino Lakes or on the Beyond the Yellow Ribbon City 214
website. 215
216
COMMUNITY CALENDAR 217
218
Community Calendar – A Look Ahead 219
June 12, 2017 through June 26, 2017 220
Wednesday, June 14 6:30 pm, Council Chambers Planning & Zoning Bd 221
Monday, June 26 6:30 pm, Community Room Council Work Room 222
Monday, June 26 6:30 pm, Council Chambers City Council Meeting 223
Monday, June 26 following reg council meeting Spec. Wk. Session 224
225
226
COUNCIL MINUTES June 12, 2017
DRAFT
6
ADJOURN 227
228
The council joined together in offering thanks to the Public Safety and Public Services Divisions in 229
their work to clean up after the severe storm of the previous day. 230
231
There being no further business, the meeting was adjourned at 7:30 p.m. 232
233
These minutes were considered and approved at the regular Council Meeting, June 26, 2017. 234
235
236
237
238
Julianne Bartell, City Clerk Jeff Reinert, Mayor 239
240
CITY COUNCIL
CONSENT AGENDA ITEM 1D
STAFF ORIGINATOR: Sarah Cotton
MEETING DATE: June 26, 2017
TOPIC: Consideration of Not Waiving Monetary Limits
on Tort Liability per MN Statute 466.04
VOTE REQUIRED: 3/5
INTRODUCTION
As a part of the annual insurance renewal process the City Council is being asked by the
League of Minnesota Cities Insurance Trust to update the Liability Coverage Waiver
Form.
BACKGROUND
Each year, the City has the option of waving its monetary limits on tort liability to the
extent of the coverage purchased. The decision to waive or not to waive the statutory
limits has the following effects:
If the city does not waive the statutory tort limits, an individual claimant would be able to
recover no more than $500,000 on any claim to which the statutory tort limits apply. The
total which all claimants would be able to recover for a single occurrence to which the
statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
would apply regardless of whether or not the city purchases the optional excess liability
coverage.
If the city does waive the statutory tort limits and does not purchase excess liability
coverage, a single claimant could potentially recover up to $2,000,000 on a single
occurrence (under this option, the tort cap liability limits are waived to the extent of the
city’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The
total which all claimants would be able to recover for a single occurrence to which the
statutory limits apply would also be limited to $2,000,000, regardless of the number of
claimants.
If the city does waive the statutory tort limits and purchases excess liability coverage, a
single claimant could potentially recover an amount up to the limit of the coverage
purchased. The total which all claimants would be able to recover for a single occurrence
to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this
decision.
The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and
annual limit).
The City of Lino Lakes has never waived its’ monetary limits on tort liability.
RECOMMENDATION
The city does not wish to waive the monetary limits on municipal tort liability established
by Minnesota Statutes, Section 466.04.
ATTACHMENT
Liability Coverage – Waiver Form
effect July 1, 2017.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2017.
The motion for the adoption of the foregoing ordinance 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 3A
STAFF ORIGINATOR: Julie Bartell, City Clerk
Lisa Hogstad Osterhues, Deputy City Clerk
MEETING DATE: June 26, 2017
TOPIC: Consider 2nd Reading and Adoption of Ordinance No. 03-17,
Amending the Lino Lakes Code of Ordinances, Chapter 701,
Relating to Liquor and Beer
VOTE REQUIRED: 3/5
BACKGROUND
This year the Minnesota Legislature approved, and the Governor signed, a state law change
allowing Sunday off-sale liquor sales effective July 1, 2017. This new law authorizes off-sale
between the hours of 11:00 a.m. and 6:00 p.m. on Sundays.
The legislation passed during the regular session allowed cities to be more restrictive on the
hours of sale but not to opt out of the law. However, as part of this year’s special legislative
session, the law was changed so that cities can now be more restrictive than state law on days
of sale as well. So cities may choose to concur with all aspects of the state law or: a) opt out of
Sunday off-sales; or b) allow Sunday off-sales but choose to be more restrictive on the hours of
sale.
City staff and the city attorney have reviewed the city’s current liquor regulations and prepared
the attached ordinance that would bring the city’s language into concurrence with the new state
law.
The council approved the 1st Reading of Ordinance No. 03-17 on June 12, 2017.
RECOMMENDATION
Staff recommends approval of the 2nd Reading and Adoption of Ordinance No. 03-17,
Amending Chapter 701 of the Lino Lakes Code of Ordinances relating to Liquor and Beer, to
allow the off-sale of liquor on Sundays.
ATTACHMENTS
Ordinance No. 03-17
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 03-17
ORDINANCE AMENDING TITLE 700, CHAPTER 701 OF THE LINO LAKES
CODE OF ORDINANCES RELATING TO LIQUOR AND BEER.
The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain:
Section 1. That Section 701.02, Subdivision 4, of the Lino Lakes Code of
Ordinances be amended to as follows:
701.02 LICENSES REQIRED
(4) Off-sale license. Off-sale licenses shall be issued only to exclusive liquor
stores and shall permit off-sale of liquor only. Off-sale liquor may be conducted on
Sundays. All Sunday off-sale liquor sales must be made between the hours of 11:00 a.m.
and 6:00 p.m.
Section 2. That Section 701.08, of the Lino Lakes Code of Ordinances be
amended by adding thereto a Subdivision 7 to read as follows:
701.08 CONDITIONS OF THE LICENSE
(7) Deliveries. No delivery of alcohol to an off-sale license may be made by a
wholesaler or accepted by an off-sale licensee on a Sunday. No order solicitation or
merchandising may be made by a wholesale on a Sunday.
Section 3. That Section 701.09, Subdivision 3, of the Lino Lakes Code of
Ordinances be amended to read as follows:
701.09 RESTRICTIONS ON PURCHASE AND CONSUMPTION
(3) Hours. No on-sale or off-sale of liquor shall be made, nor any licensed
premises be occupied, after 2:00 a.m. on Sunday nor until 8:00 a.m. on Monday, except
that a holder of a Sunday on-sale license may sell liquor between 8:00 a.m. on Sunday
and 2:00 a.m on Mondays and the holder of a off-sale license may sell liquor between
11:00 a.m. and 6:00 p.m. on Sunday. No on-sale shall be made between the hours of 2:00
a.m. and 8:00 a.m. on any weekday. No on-sale shall be made after 8:00 p.m. on
December 24. No off-sale shall be made before 8:00 a.m. or after 10:00 p.m. of any day
except that no off-sale shall be made on December 24 after 8:00 p.m. No off-sale shall be
made on Thanksgiving Day or Christmas Day, December 25.
Section 4. Effective Date of Ordinance. This ordinance shall be in force and
effect July 1, 2017.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2017.
The motion for the adoption of the foregoing ordinance 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 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: June 26, 2017
TOPIC: Hire Paid On-Call Firefighter
VOTE REQUIRED: 3/5
INTRODUCTION
The Lino Lakes Public Safety Department is requesting council approval to hire a paid on-call
firefighter.
BACKGROUND
As directed by Council Resolution 14-50 staff is integrating fire operations into the Public
Safety Department. Staff has been engaged in a fire recruiting and hiring process for paid on-
call firefighter candidates as part of the integration process.
The hiring process has been extensive including an interview process, background investigation,
medical examinations, and drug screen. This process has identified candidates that will
continue the Public Safety Department’s proud tradition of delivering high quality services
to the Lino Lakes Community.
RECOMMENDATION
Staff recommends the Council approve the hiring of Jacob Cree for the position of paid on-
call firefighter effective July 1, 2017.
ATTACHMENTS
None
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: June 26, 2017
TOPIC: NorthPointe 6th Addition
i) PUBLIC HEARING: Consider 1st Reading of Ordinance
No. 05-17, Vacating Drainage & Utility Easements (Outlot D,
NorthPointe 5th Addition)
VOTE REQUIRED: 4/5
INTRODUCTION
Staff is requesting City Council consideration of the above noted item for NorthPointe 6th
Addition.
Complete Application Date: May 12, 2017
60-Day Review Deadline: July 7, 2017
120-Day Review Deadline: September 9, 2017
Environmental Board Meeting: N/A
Park Board Meeting: N/A
Planning & Zoning Board Meeting: June 14, 2017
Tentative City Council Work Session: June 26, 2017
Tentative City Council Meeting: June 26, 2017 &
July 10, 2017
BACKGROUND
NorthPointe is a PUD residential subdivision located northeast of the intersection of Birch
Street and 20th Avenue South/CSAH 54. The preliminary plat is 94.09 gross acres and consists
of a residential density mix of single family lots and an 88 unit senior multi-family residence.
The following is a breakdown of unit development:
• 216 Single Family Units (215 new lots + 1 existing home)
• 11 Future Single Family Units (future development of existing home)
• 88 unit multi-family
• 315 TOTAL UNITS
The applicant, Eternity Homes LLC, has submitted a land use application for final plat of
NorthPointe 6th Addition. Eternity Homes LLC is purchasing from Tony Emmerich
2
Constructions, Inc. Outlot D, NorthPointe 5th Addition and is constructing 15 single family
homes on the 50 foot wide lots.
This review is based on the NorthPointe 6th Addition Street and Utility Plan Set and final plat
dated May 12, 2017 and prepared by Carlson McCain.
Previous Council Actions:
• March 10, 2014: NorthPointe PUD Development Stage Plan/Preliminary Plat,
Resolution No. 14-21
• June 23, 2014: NorthPointe PUD Final Plan-Final Plat, Resolution No. 14-47
• September 22, 2014: NorthPointe 2nd Addition Final Plat, Resolution No. 14-105
• August 24, 2015: NorthPointe 3rd Addition Final Plat, Resolution No. 15-86
• July 11, 2016: NorthPointe 4th Addition Final Plat, Resolution No. 16-64
• April 24, 2017: NorthPointe 5th Addition Final Plat, Resolution No. 17-34
ANALYSIS
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The final plat has been reviewed for compliance with the comprehensive plan, zoning and
subdivision ordinance. The proposed development is not considered premature and meets the
performance standards of the subdivision and zoning ordinance. The final plat is consistent
with the PUD Development Stage Plan/Preliminary Plat and Final Plan.
Per the phasing plan dated July 28, 2016, Phase VI has 19 lots. The proposed plat is for 15 lots.
The phasing plan shall be revised accordingly.
Phases
NorthPointe has been developed in the following phases:
Phase # Lots
1 21
2 40
3 41
4 31
5 39
6 15
3
7 TBD
8 TBD
TOTAL 172
TOTAL SF Lots in NP = 215
- # Lots Platted to Date = 187
# Lots Remaining1 = 28
1The # Lots Remaining does not include the potential 88 unit multi-family senior complex proposed in the
southeast corner of the development.
Blocks and Lots
The final plat for NorthPointe 6th Addition creates 15 lots and 0 outlots.
Streets
The following right-of-way and street widths were approved with Resolution No. 14-21, PUD
Development Stage Plan/Preliminary Plat:
Street Name Right-of-Way Width Street Width
(Back to Back)
Redwood Avenue 50 feet 28 feet
No sidewalk is required along Redwood Avenue.
Easements
Standard drainage and utility easements are provided on all lot lines.
There will be a temporary cul-de-sac easement lying over, under and across the East 90 feet of
the West 180 feet of the South 75 feet of Lot 1, Block 5, NorthPointe at the end of Redwood
Avenue.
The applicant is requesting all of the drainage and utility easements, as created and dedicated
over, under, and across Outlot D in the plat of NorthPointe 5th Addition, Anoka County,
Minnesota be vacated. This easement will be re-dedicated on the plat of NorthPointe 6th
Addition. The City Council has approved similar easement vacations throughout the
development of NorthPointe.
Tonight, the City Council is holding the public hearing for the 1st reading of Ordinance No. 05-
17 for the vacation.
4
Public Land Dedication and Fees
The City will require a combination of land dedication and cash in lieu of land for the entire
NorthPointe development. Outlot D, NorthPointe 4th Addition was dedicated to the City for
parkland in 2016.
NorthPointe 6th Addition
Total #of Lots = 15
x Park Dedication fee $2,575
= Total Due for NP 5th $38,625
The Park Board has been working with WSB to create a master plan for the park and
anticipates starting construction in summer 2017. The City will construct the trails in
conjunction with the park development.
Zoning
NorthPointe 6th Addition is zoned PUD-Planned Unit Development as approved by the City
Council with Ordinance No. 02-14.
Comprehensive Plan
The final plat is in compliance with the Comprehensive Plan in terms of the Resource
Management System, Land Use Plan, Housing Plan, and Transportation Plan.
Alternative Urban Areawide Review (AUAR)
The project site is within the 2005 I-35E Corridor AUAR and is subject to the AUAR
mitigation plan. The NorthPointe PUD Development Stage Plan/Preliminary Plat is consistent
with development Scenario 1 for residential medium density and complies with the mitigation
plan in regards to wetlands, water use, erosion and sedimentation, surface water runoff,
wastewater and transportation. The final plat for NorthPointe 6th Addition is also consistent
with these plans.
Floodplain
The applicant received a FEMA Letter of Map Revision effective December 21, 2016. There
are no floodplain impacts.
Development Agreement
A Development Agreement shall be drafted by the City, executed by the City and the developer
and recorded by the developer.
Title Commitment
5
The City Attorney has been provided the title commitment and final plat for review and
comment.
Stormwater Maintenance Agreement
A Maintenance Agreement for Stormwater Management Facilities was approved by the City
Council on August 11, 2014 with Resolution No. 14-87 for the entire NorthPointe
development.
Environmental
The Environmental Coordinator reviewed the plans and has no issues.
RECOMMENDATION
The Planning & Zoning Board reviewed and recommended approval of the PUD Final
Plan/Final Plat for NorthPointe 6th Addition on June 14, 2017. The vote was 6-0.
The only Council action tonight is the public hearing and 1st reading of Ordinance No. 05-17
Vacating Drainage & Utility Easement. The 2nd reading, final plat and Development Agreement
will be presented to the Council on July 10, 2017 for consideration.
ATTACHMENTS
1. Ordinance No. 05-17
2. Drainage & Utility Easement Vacation Description Sketch
1
1st Reading: 6/26/2017 Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 05-17
ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(Outlot D, NorthPointe 5th Addition)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate all of the drainage and
utility easements, as created and dedicated over, under, and across Outlot D, in
the plat of NorthPointe 5th Addition, Anoka County, Minnesota as shown in
Exhibit A; and
2. A public hearing was held on June 26, 2017 before the City Council in the City
Hall Council Chambers after due published and posted notice had been given and
reasonable attempts were made to give personal notice to all affected property
owners, and all persons interested were given an opportunity to be heard; and
3. The same drainage and utility easements shall be dedicated to the public on the
plat of NorthPointe 6th Addition; and
4. It appears to be in the best interest of the City to vacate such drainage and utility
easements; and
5. Four-fifths of all members of the City Council concur with this ordinance.
Section 2: Easement Vacated
The drainage and utility easement described herein is hereby vacated.
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter and upon filing of the NorthPointe 6th Addition
final plat.
Adopted by the Lino Lakes City Council this 10th day of July, 2017.
2
The motion for the adoption of the foregoing ordinance 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
Exhibit A