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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 DRAFT 2 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 DRAFT 3 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 DRAFT 5 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 DRAFT 6 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 DRAFT 7 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 2 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 DRAFT 3 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 COUNCIL MINUTES June 12, 2017 DRAFT 4 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