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Home My WebLink About11-26-2018 Council Meeting MinutesCOUNCIL MINUTES November 26, 2018 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE November 26, 2018 5 TIME STARTED 6*30 p.m. 6 TIME ENDED 7:50 p.m. 7 MEMBERS PRESENT Council Member Rafferty, Maher, 8 Manthey, Stoesz and Mayor Reinert 9 MEMBERS ABSENT 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Director of Finance Sarah Cotton; City Engineer Diane Hankee; Director of Public Safety 13 John Swenson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 Mayor Reinert noted his recent visit to Cub Scout Pack #36 and a thank you picture and note he 18 received after the visit. He thanked the pack for taking the time to write a note; the visit was his 19 pleasure. 20 21 Jamie Jensen, Arden Hills, addressed the council. He is developer of the St. Clair Estates project. 22 He is requesting return of his remaining escrow (approximately $60,000). The only work remaining 23 is boulevard trees. He understands there is a policy prohibiting return at this point but he's seen no 24 such policy. He requests his money back. 25 26 Mayor Reinert noted that he's followed the messages on this matter and he feels Mr. Jensen has 27 received information as needed. City Engineer Hankee explained the escrow process used by the 28 City and noted required elements of Mr. Jensen's project that have not been fulfilled. The escrow is 29 security that the project is done to the City's specifications. Mr. Jensen remarked that his agreement 30 with the City indicates use of escrow for fees only, not other "security". He feels there has been a 31 violation of the agreement. 32 33 Mayor Reinert thanked Mr. Jensen for his comments and he was asked to leave. 34 35 Council Member Manthey asked if Mr. Jensen had written information to provide; the council really 36 must work with staff on the matter. 37 38 Community Development Director Grochala noted requirements under erosion control and other 39 requirements. He also clarified that every developer is required to enter a development agreement 40 and it requires financial securities for costs and they are funded by escrow. He pointed out required 41 items that have not been finished on Mr. Jensen's project and that the City is still going to incur costs. 42 Escrow will not be released until all items are completed. 43 44 Council Member Maher remarked that the Mayor has background on the matter but she feels 45 somewhat less informed. E COUNCIL MINUTES November 26, 2018 APPROVED 46 47 SETTING THE AGENDA 48 49 The agenda was approved as presented. 50 51 CONSENT AGENDA s2 53 Council Member Rafferty moved to approve Consent Agenda Items 1 A, 1 B and 1 D, as presented. 54 Council Member Manthey seconded the motion. Motion carried on a voice vote. 55 56 Council Member Stoesz moved to approve Consent Agenda Item 1 C as presented. Council Member 57 Manthey seconded the motion. Motion carried on a voice vote. Council Member Rafferty abstained 58 59 ITEM ACTION 60 61 Consideration of Expenditures: 62 63 November 26, 2018 (Check No. 109245 — 64 109347, $639,131.69) Approved 65 66 Nov. 5, 2018 Council Work Session Minutes Approved 67 68 Nov. 13, 2018 City Council Meeting Minutes Approved 69 70 Consider Resolution 18-167, Consenting to the 71 Redemption of a Revenue Note (YMCA Project), Approved 72 73 Consider Resolution 18470, Consenting to the Rice 14 Creek Watershed District's Request to Conduct 75 Proceedings for Anoka -Washington Judicial Ditch 3 removed from agenda 76 77 FINANCE DEPARTMENT REPORT 78 79 2A) 2019 City Fee Schedule: i. Consider 2nd Reading and Adoption of Ordinance No. 1848, 80 Establishing the 2019 Fee Schedule; and H. Consider Resolution No. 18468, Approving 81 Summary Publication of Ordinance — Finance Director Cotton requested that the council grant final 82 approval to the city fees proposed for 2019. Any changes are noted in the staff report. 83 Council Member Rafferty moved to waive the full reading of Ordinance No. 1 & 18 as presented. 84 Council Member Maher seconded the motion. Motion carried on a voice vote. 85 Council Member Maher moved to approve the 2nd Reading and adoption of Ordinance No. 18-18 as 86 presented. Council Member Rafferty seconded the motion. Motion carried: Yeas; 5; Nays none. 87 Council Member Manthey moved to approve Resolution No. 18468 as presented. Council Member 88 Stoesz seconded the motion. Motion carried on a voice vote. 89 COUNCIL MINUTES November 26, 2018 APPROVED 90 ADMINISTRATION DEPARTMENT REPORT 91 3A) Consider T& Reading and Adoption of Ordinance No. 1748, Adjusting the Salaries of 92 the Mayor and Councilmembers — Administration Karlson requested that the council consider 93 approval of the 2nd reading of this ordinance that will increase the council salaries and eliminate the 94 special meeting stipend that has been received for some years. The change would bring the council 95 and mayor closer to an average of elected official pay. 96 Council Member Maher moved to waive the full reading of Ordinance No. 17-18 as presented. 97 Council Member Stoesz seconded the motion. Motion carried on a voice vote. 98 Council Member Manthey moved to approve the 2"d Reading and adoption of Ordinance No. 17-18 as 99 presented. Council Member Stoesz seconded the motion. Motion carried: Yeas; 5; Nays none 100 3B) Consider 2nd Reading and Passage of Ordinance No. 08-18, Amending Chapter 203 of the 101 Lino Lakes City Code — Administrator Karlson reviewed the change to the city code. This change 102 eliminates certain requirements related to special meetings and will be in effect until the special 103 meeting pay is eliminated in 2020. Mayor Reinert remarked that this language will update the code to a 104 more modern state. 105 Council Member Maher moved to waive the full reading of Ordinance No. 08-18. Council Member 106 Stoesz seconded the motion. Motion carried on a voice vote. 107 Council Member Maher moved to approve the 2"d Reading and passage of Ordinance No. 08-18 as 108 presented. Council Member Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none. 109 3C) Consider Resolution No. 18-164, Approving On -Sale Wine and Beer License with no 110 Sunday Sales for Chili Thai Cuisine — City Clerk Bartell reported that this restaurant has been open 111 for some time but have now submitted an application to serve wine and beer. Staff has completed the 112 required investigation and review of the application and is sending the matter forward for approval. 113 Council Member Maher moved to approve Resolution No. 18-164 as presented. Council Member 114 Manthey seconded the motion. Motion carried on a voice vote. 115 116 PUBLIC SAFETY DEPARTMENT REPORT 117 118 There was no report from the Public Safety Department. 119 120 PUBLIC SERVICES DEPARTMENT REPORT 121 122 There was no report from the Public Services Department. 1123 124 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 125 6A) Watermark: i. Consider Resolution No. 18443, Approving PUD Final Plan/Final Plat; ii. 126 Consider Resolution No. 18-144, Approving. Master Development Agreement; iii. Consider 127 Resolution No. 18445, Approving 1st Addition Development Agreement — Mayor Reinert noted that 3 COUNCIL MINUTES November 26, 2018 APPROVED 128 this matter requires further discussion so it is being referred to the December work session and 129 December 1 Oth council meeting. 13o Council Member Maher moved to postpone Item 61A. Council Member Rafferty seconded the 131 motion. Motion adopted on a voice vote. 132 133 613) Drainage and Utility Easement Vacation. 134 i. Consider 2nd Reading of Ordinance No. 1648, Vacating Right -of -Way Along 135 Sandpiper Drive and drainage Utility Easements within Lakes Addition No. 1; 136 ii. Consider Resolution No. 18461, Approving Summary Publication of Ordinance No. 137 1648 - City Engineer Hankee reviewed her written report requesting approval of second reading. 138 She reviewed the background information. 139 Council Member Maher moved to waive the full reading of Ordinance No. 16-18 as presented. 140 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 141 Council Member Rafferty moved to approve the 2nd Reading and adoption of Ordinance No. 16-18 as 142 presented. Council Member Maher seconded the motion. Motion carried: Yeas; 5; Nays none. 143 Council Member Rafferty moved to approve Resolution No. 18-161 as presented. Council Member 144 Maher seconded the motion. Motion carried on a voice vote. 145 6C) Consider 1St reading of Ordinance No. 19-18, Rezoning Certain Properties Along West 146 Shadow Lake Drive from R, Rural to R4X, Single Family Executive Residential and PSP, Public 147 and Semi -Public — City Planner Larsen reviewed a PowerPoint presentation that included information 148 on the following: 149 - Involves rezoning in West Shadow Lake Drive (WSLD) area for possible subdivisions of some 150 properties; 151 - Existing rural zoning was reviewed for parcels under consideration; 152 - Properites that are proposed to be rezoned was reviewed; 153 - Requirements of R-1 and R-1X reviewed; 154 - Findings of fact supporting the rezoning; 155 - Planning and Zoning Board held public hearing and recommended approval. 156 157 Council Member Maher moved to approve the Pt Reading of Ordinance No. 19-18, as presented. 158 Council Member Manthey seconded the motion. Motion carried on a voice vote. 159 160 6D) Consider Resolution No. 18465, Approving a Variance for Curb Cut/Driveway Width 161 for 111 Robinson Drive — City Planner Larsen reviewed this variance request from a homeowner 162 whose driveway was installed in excess of the width allowed by the city. She reviewed the findings 163 of fact on the variance request. The Planning and Zoning Board has approved the request. 164 165 Mayor Reinert recalled the council's review of this particular circumstance and his support to allow COUNCIL MINUTES November 26, 2018 APPROVED 166 the variance. He would, however, like to have a future council discussion about the larger matter of 167 city driveway requirements; it may be time for a change. 168 Council Member Maher moved to approve Resolution No. 18-165 as presented. Council Member 169 Stoesz seconded the motion. Motion carried on a voice vote. 170 6E) Consider Resolution No. 18-166, Approving a Variance for Roof Materials for 47 171 Gladstone- City Planner Larsen reviewed this request for a variance from a property owner that 172 would like to install a metal roof with visible exposed fasteners. City ordinance allows metal roofing 173 but requires invisible fasteners. The roof is already in so without a variance the property owner 174 would have to reinstall a roof with allowed fasteners. Ms. Larserireviewed staff s original findings 175 to deny and the Planning and Zoning Board recommendation to approve. 176 177 Mayor Reinert noted the evolution of metal roofs; they have become more popular. He recommends 178 that staff bring forward information on a change to the code for this type of roof if that is called for. 179 180 Council Member Rafferty remarked that it's concerning that someone wouldn't realize that a permit is 181 required for a roof replacement. He also commented that any change should keep the city's code 182 athestically appropriate. 183 Council Member Rafferty moved to approve Resolution No. 18-166 as presented. Council Member 184 Maher seconded the motion. Motion carried on a voice vote 185 6F) Consider Resolution No. 18-169, Approving Final Payment for the 2018 Mill and 186 Overlay Project- City Engineer Hankee reviewed the written staff report. She is requesting 187 authorization to proceed with the final payment on the project. She noted that the project has come in 188 under budget. 189 Council Member Manthey moved to approve Resolution No. 18-169 as presented. Council Member 190 Stoesz seconded the motion. Motion carried on a voice vote 191 192 UNFINISHED BUSINESS 193 194 There was no Unfinished Business. 195 196 NEW BUSINESS 197 198 There was no New Business. 199 20o COMMUNITY EVENTS 201 202 19t'' ANNUAL SECRET HOLIDAY SHOP will be held at Lino Lakes City Hall on Wednesday and 203 Thursday, December 12 & 13, 4:30 — 7:00 p.m. For additional information please contact 651-982- 204 2445. 2os 206 TOYS FOR JOY/CHRISTMAS COMMITTEE Collection of toys and food for the upcoming 207 holiday will serve folks right here in our community. Drop off locations are located at Lino Lakes 208 City Hall. For more information, please contact 651-982-2424. 5 COUNCIL MINUTES November 26, 2018 209 210 211 212 213 214 215 216 217 APPROVED COMMUNITY CALENDAR Community Calendar -A Look Ahead November 27, 2018 through December 10, 2018 4- Wednesday, November 28 6:30 pm, Council Chambers Environmental Board Monday, December 3 6:00 pm, Community Room Council Work Session 4- Thursday, December 6 8:00 am, Community Room EDAC 4, Monday, December 10 6:30 pm, Council Chambers City Council Meeting 218 219 ADJOURN 220 221 There being no further business, Council Member Stoesz moved to adjourn at 7:50 p.m. Council 222 Member Manthey seconded the motion. Motion carried. 223 224 These minutes were considered and approved at the regular Council Meeting, December 10, 2018. 225 226 227 228 229 Julianne artell, City Jerk Je f idneyrt, Mayor 230