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HomeMy WebLinkAbout09-14-2020 Council Meeting MinutesCOUNCIL MINUTES 1 2 LINO LAKES CITY COUNCIL 3 REGULAR MEETING 4 MINUTES 5 6 DATE September 14, 2020 7 TIME STARTED 6:30 p.m. 8 TIME ENDED 8:30 p.m. 9 MEMBERS PRESENT Councilmember Stoesz, Lyden, 10 Ruhland, Cavegn and Mayor Rafferty 11 MEMBERS ABSENT 12 13 Staff members present: City Administrator Sarah Cotton; Director of Public Services Rick 14 DeGardner; Public Safety Director John Swenson; Community Development Director Michael 15 Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; City Clerk Julie Bartell I6 17 PUBLIC COMMENT 18 Mike Fisher, 867 Lois Lane, Lino Lakes resident since 2005, addressed the council regarding his 19 concern about a flag shop on Lake Drive. Mr. Fisher said that flags are blocking the view in 20 making a turn onto his street. Also there are flags that have profanity on them (they are political) 21 and he doesn't feel that is appropriate especially in the area of a park. He heard that there were 22 other complaints but that they were not logged nor a record kept of them. What was done with 23 those complaints? He is recommending that complaints be referred to the "contact the. City" form 24 so that they will be recorded. 25 26 Mayor Rafferty remarked that he's certain that councilmembers respond to every complaint they 27 receive. 28 Mr. Fisher continued. One complaint is safety related. There were seven or eight flags being flown 29 that are along the side of the road. Several people have called to complain about the safety of these 30 flags being flown. He admitted that he did stop when he was surprised and angry and took the flags 31 down and put them in the parking lot. He is concerned that the safety situation was reported and 32 nothing was done. 33 Mayor Rafferty asked for contact information with the intent of having Mr. Fisher work with staff 34 and the council to address his concerns and gain information. He thanked Mr. Fisher for coming in. 35 Community Development Director Grochala noted the history of contact to the Cite in regard to this 36 issue. There were multiple locations. Staff did call back the original caller. There are a number of 37 convoluted issues involved — location size and number. He noted the City's regulations and those 38 regulations that apply in the election period and contact made with individuals on the issue. In 39 conclusion, staff has responded to, at a minimum, the original complaint. 40 Public Safety Director Swenson noted that there is an active investigation so private information 41 can't be shared. To clarify, if the police are contacted, a report is made and there is a 42 determination. 1 COUNCIL MINUTES APPROVED 43 SETTING THE AGENDA 44 The agenda was approved as presented. 45 PROCLAMATION 46 A representative of the Daughters of the American Revolution was present to accept the 47 proclamation, which the Mayor read. 48 CONSENT AGEND 49 Councilmember Lyden offered thanks to the employee who returned nuts to the Auto Nation. The 50 council concurred. 51 Councilmember Lyden moved to approve the Consent Agenda, Items 1 A through 1 F as presented. 52 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 53 54 ITEM ACTION 55 Consideration of Expenditures: 56 A) Consideration of Expenditures: September 14, 2020 57 (Check No. 112817 through 112928) in the amount of 58 $671,457.10 Approved 59 B) Consider Approval of August 10, 2020 Closed Council 60 Minutes Approved 61 C) Consider Approval of August 10, 2020 Council Minutes Approved 62 D) Consider Approval of August 24, 2020 Council 63 Meeting Minutes Approved 64 E) Consider Approval of School Resource Officer Contract Approved 65 F) Consider Resolution No. 20-106, Declaring Cost to Be 66 Assessed and Calling Hearing on Proposed Assessment, 67 2020 Weed Abatement Charges Approved 68 FINANCE DEPARTMENT REPORT 69 There was no report from the Finance Department. 7o ADMINISTRATION DEPARTMENT REPORT 71 34Lk} Consider Appointment of Finance Direetor —City Administrator Cotton reviewed. her 72 written report recommending the appointment 73 Councilmember Cavegn moved to approve the appointment of Hannah Lynch as recommended. 74 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 75 313} Consider Election Judge Salary Schedule —City Clerk Bartell reviewed her written report 76 requesting consideration of an increase in the salary paid to the City's election judges and head 77 election judges. The council had discussed the matter at their previous work session and 78 recommended the payment scale in the staff report. 2 COUNCIL MINUTES APPROVED 79 Mayor Rafferty offered thanks to those individuals who serve the City as election judges; it is a 80 difficult and long day and he believes they do an outstanding job. He is supportive of an increase. 81 Councilmember Stoesz moved to approve the salary schedule as presented. Councilmember Lyden 82 seconded the motion. Motion carried on a voice vote. 83 3C) Consider Temporary Wage Increase far Accountant —City Administrator Cotton 84 reviewed her written recommendation that the council approve a temporary wage increase for Tracy 85 Thoma, the City's Accountant, who will be performing extra duties pending the filling of the 86 Human Resources Manager position. The council discussed the hiring process to fill the position. 87 It was noted that Ms. Thoma offered to help even prior to being asked. The council offered thanks 88 to Ms. Thoma for stepping up. 89 Councilmember Stoesz moved to approve the temporary wage increase for Tracy Thoma as 90 recommended. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 9] PUBLIC SAFETY DEPARTMENT REPORT 92 4A) Consider Appointment of Police Officers —Public Safety Director Swenson asked the 93 council to consider the hiring of two police officers, Quillan Oak and Georgia Carlson. He noted that 94 the department is currently three police officer positions down. He briefly reviewed the background 95 and qualifications of the two candidates. 96 Councilmember Lyden moved to approve the appointment of Quillan Oak and Georgia Carlson as 97 recommended. Councilmember Stoesz seconded the motion. Motion carried on a voice vote 98 4B} Consider Acceptance of K9 Donation —Public Safety Director Swenson reviewed his 99 written report and the program through which this donation comes forward. The donation comes 100 from an individual who donates regularly. The council offered thanks. Councilmember Ruhland 101 asked how much it costs to train and establish a canine program. Director Swenson said the costs 102 related to the most recent canine are about $14,000. 103 Councilmember Ruhland. moved to approve the acceptance of the donation as recommended. 104 Councilmember Cavegn seconded the motion. Motion carried on a voice vote 105 PUBLIC SERVICES DEPARTMENT REPORT 106 SA) Consider Resolution No. 20403, Awarding 2020 Lino Lakes Facilities Touchless Entry ] 07 Upgrades Project —Public Services Director DeGardner reviewed his written staff report. He 108 reviewed recent council consideration and the opening of bids for the project. Two bids were 109 received and his recommendation is to move forward with the lowest bid on the project and 110 alternate one. 111 112 Mayor Rafferty asked about the recommendation to go forward with alternate one only, meaning 113 city hall, the police department and public works facility will be included. Mr. DeGardner 114 explained that with the bid information in hand and the limitation of funds available, staff has 115 determined the priority projects. 116 Councilmember Cavegn noted that there is a strict deadline to finish a project in order to qualify for 117 grant funds; v�That is the City doing to ensure the work isn't delayed. Mr. DeGardner explained that 118 the City Attorney will look at including language in the contract for the project. 119 Councilmember Lyden thanked Mr. DeGardner for his hard work during this important period. 3 COUNCIL MINUTES APPROVED 120 Councilmember Stoesz confirmed that construction will not interfere with election activities. 121 Councilmember Cavegn moved to approve Resolution No. 20-103 as presented. Councilmember 122 Lyden seconded the motion. Motion carried on a voice vote 123 SI3} Consider Res" luti"Al No. 20-104, Approving Improvements To Access Control System — 124 Public Services Director DeGardner reviewed his written report outlining a proposed improvement 125 project for access control system at the Civic Complex and Public Works Facility. 126 Councilmember Ruhland thanked Director DeGardner for the work. 127 Councilmember Ruhland moved to approve Resolution No. 20-104 as presented. Councilmember 128 Lyden seconded the motion. Motion carried on a voice vote 129 SC} Consider Resolution No. 20-105, Approving Electrical Installation Agreement, -Public 130 Services Director DeGardner asked for council approval of a resolution that authorizes staff to execute 131 an agreement that will implement the necessary electrical improvements related to the Access Control 132 and Touchless Entry projects. I33 Councilmember Stoesz asked if both locations have fixed generators and Mr. DeGardner said the ]34 Civic Complex does and the Public Works facility has individual generators. Operation of the door 135 can become manual with an override. 136 Councilmember Ruhland moved to approve Resolution No. 20-105 as presented. Councilmember 137 Lyden seconded the motion. Motion carried on a voice vote 138 COMMUNITY DEVELOPMENT REPORT 139 6A) Natures Refuge. i) Consider Resolution No. 20-81 approving PUD Final Plan/Final, ii) 140 Consider Resolution No. 20-82 approving Development Agreement — City Planner Larsen 141 reviewed a PowerPoint presentation that included information on the following: 142 - Preliminary Plat previous approval; 143 - Trails and Sidewalks within the development; 144 - Planned Unit Development (rezoned from R-1 to PUD); changes; 145 - PUD Final Plan/Final Plat (consistent with preliminary); 146 - HOA will own certain outlots; 147 - Planning and Zoning Board approval; 148 - Request for council action. 149 Councilmember Stoesz noted Haywood Drive; what will that look like going forward (ghost plat)? Ms. ] 50 Larsen. explained it will eventually connect to Wood Duck. l51 l52 Councilmember Lyden said there is a lot to like about this project. He has noted certain concerns in the 153 past (couple lots) and he recognizes that those lots wouldn't be included but for the PUD designation. 154 If the sidewalks weren't included, he couldn't support this. He discussed the availability of parking. 155 He also asked that staff keep in mind that speed issues sometimes occur on neighborhood streets. ]56 157 Andrew, representing a group involved in developing this project, addressed the council. He explained COUNCIL MINUTES ] 58 lus real estate background and experience and plans to sell homes. He promises there will be lots of ] 59 open space and it will be a nice place to Live. 160 Councilmember Lyden moved to approve Resolution No. 20-81 as presented. Councilmember 161 Ruhland seconded the motion. Motion carried on a voice vote ] 62 Councilmember Stoesz moved to approve Resolution No. 20-82 as presented. Councilmember 163 Ruhland seconded the motion. Motion carried on a voice vote. 164 165 When the mayor asked about the schedule for breaking ground, a development representative 166 explained that they expect to be asking for a change in the Letter of Credit situation which they will 167 propose to staff. 168 613) Consider Resolution No. 20-98 Approving Preliminary Plat for Otter Crossing — City 169 Planner Larsen reviewed a PowerPoint presentation that included information on the following: 170 - Site review (29 acres); 171 - Site Plan, 172 - Exterior elevations of the building; Floor Plan (six units, drive through noted); 174 - Findings of Fact review; 175 - Public Safety comments; 176 - Planning and Zoning Board approval (6-0 vote); 177 - Requested council action. 178 Mayor Rafferty remarked that it is exciting to see development in this area of the City. 179 180 Developer (Time Properties), expressed excitement on the development and noted specifically how 181 they plan to make this a successful development by orientation. They look forward to this exciting 182 development and they agree with staffs findings. 183 The mayor asked if this is a shovel ready project and Community Development Director Grochala 184 explained the developer will have to come back vrith a final plat and project plan, probably ready to go 185 for spring construction. 186 Councilmember Cavegn confirmed that the six spots could be adjoined in numbers. 187 Councilmember Ruhland moved. to approve Resolution. No. 20-98 as presented. Councilmember 188 Stoesz seconded the motion. Motion carried on a voice vote 189 6C) Consider Resolution No. 20-99 Approving a Variance for Roofing Materials for 7831 190 Lake Drive —City Planner Larsen reviewed a PowerPoint presentation including information on the 191 following: 192 - Variance for roof materials; 193 - Site location an aerial map; 194 - Analysis (background and city requirements; aesthetic issue); 195 - Comparison photos; 5 COUNCIL MINUTES 196 - Planning and Zoning Board approval (4-3 vote) and recommendation to present ordinance 197 amendment; 198 - Requested council action. 199 Councilmember Ruhland remarked that he was on Planning and Zoning at a time when a variance for 200 a similar situation was approved. He recalls in that situation, it was difficult to see the difference in 201 the roof when it was installed. For this site, he has looked at Google Earth and thinks the impact to 202 the area is minimal. He doesn't approve of the council having to consider this after the fact. In 203 consideration of changing the ordinance, he pointed out that a denial tonight may end up with the 204 situation being allowed under new regulations. Mayor Rafferty noted that tonight's discussion is only 205 about the variance. 206 Councilmember Cavegn asked if there are materials that will still be purchased. If so, and the variance 207 is grant those materials should be up to City Code requirements. 208 209 The property owner (Kathleen Behr, 7831 Lake Drive) explained how minimal the difference will be 210 and how few people would be impacted or would probably even notice. She added that when she 211 purchased the roofing materials, they were identified for residential use. She also has labor issues 212 since the warm weather that will allow the installation is passing quickly. The project is related to 213 storm damage and she explained that the metal roofs should be much more durable. 214 Councilmember Stoesz recognized that the materials are already purchased but a variance is serious 215 and he will probably not support it. 216 Mayor Rafferty noted that the City has regulations and they must be followed. He doesn't believe 217 that a house being out of sight allows someone to not follow the rules. He expects that some of the 218 materials could be returned. 219 Ms. Behr noted that she has $3,000 into the project (including the variance cost) and it's become 220 something that she can't afford. 221 Mayor Rafferty said he favors the ordinance as it is written. 222 Councilmember Lyden said he thinks in life that kindness matters. He sees the Planning and Zoning 223 Board recommendation to approve. He also noted that Mayor Rafferty was on the council when. the 224 previous variance was approved. 225 Councilmember Cavegn offered a proposal to allow the project for the materials already purchased but 226 require code compliance for the other buildings on the property. 227 Councilmember Lyden moved to approve the product that the applicant has bought and allow the 228 purchase of additional same materials for the other garages. Councilmember Stoesz seconded the 229 motion. Councilmember Stoesz withdrew his second. Motion failed for lack of second. 230 Councilmember Cavegn moved to approve a variance for the home but not the two garages. 231 Councilmember Ruhland seconded the motion. Motion carried on a voice vote; Councilmember 232 Stoesz and Mayor Rafferty recorded as voting no. 233 6D) Stern Addition: i) Consider Resolution No. 20-96 Approving Final Plat; ii) Consider 234 Resolution No. 2Q-97 Approving Development Agreement —City Planner Larsen reviewed a 235 PowerPoint presentation that included information on the following: 236 - Land use application (to allow addition of one additional single family home); 3 COUNCIL MINUTES MA" 237 - Final Plat (found to conform); 238 - Shoreline Buffer Zone location consideration (buffer required), Planning and Zoning Board approval (5-0); 240 - Request to council. 241 Mayor Rafferty remarked that staff has done a great job working through the street improvement 242 project and planning for possible future development. 243 Councilmember Cavegn asked for the distance between the new property and the existing home. Ms 244 Larsen did not have that information but noted that it would meet City setback requirements. 245 Councilmember Cavegn asked if there will be a buffer between properties and Ms. Larsen said none is 246 required. 247 Councilmember Lyden noted that the securities, escrows and fees line item is quite large. Ms. Larsen 248 noted that the fees are standard. Councilmember Lyden suggested that he'd like to remove the park 249 dedication fee because he sees a situation of a single lot division differently from a new development. 250 251 Applicant Jamie Stern explained the history of getting this done and offered thanks to staff for their 252 assistance through all the levels of work. 253 Councilmember Cavegn moved to approve Resolution No. 20-96 and Resolution No. 20-82 as 254 presented. Councilmember Ruhland seconded the motion. Motion carried on a voice vote 255 256 257 258 259 260 261 262 263 264 265 266 WOVA 268 269 270 271 272 273 274 UNFINISHED BUSINESS There was no Unfiiushed Business. NEW BUSINESS There was no New Business. September 13-19 Direct Professionals Recognition Week (honoring professionals who provide care to disabled persons) COMMUNITY EVENTS There were no events announced. COMMUNITY CALENDAR Conz»zuzzilJCalendar —A Look Ahead June 8, 2020 through June 22, 2020 -4. Wednesday, June 10 6:30 pm, Zoom Mtg. Planning & Zoning Board Monday, June 22 6:00 pm, Council Chambers Council Work Session Monday, June 22 6:30 pm, Council Chambers City Council Meeting 275 276 ADJOURN 277 7 i COUNCIL MINUTES "' 1 TUN oil 278 There being no further business, Councilmember Ruhland moved to adjourn at 8:30 p.m. 279 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 280 281 These minutes were considered and approved at the regular Council Meeting on September 28, 282 2020. 283 284 285� 286 Julianne Bartell, City (Clerk /Rbb Rafferty, Mayor