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HomeMy WebLinkAbout12-14-2020 Council Meeting MinutesCOUNCIL MINUTES APPROVED 1 2 LINO LAKES CITY COUNCIL 3 REGULAR MEETING 4 MINUTES 5 6 DATE December 14, 2020 7 TIME STARTED 6:30 p.m. 8 TIME ENDED : 9:00 P.M. 9 MEMBERS PRESENT Councilmember Stoesz (by phone), Lyden, 10 Ruhland (by phone), Cavegn and Mayor Rafferty 11 MEMBERS ABSENT None 12 13 Staff members present: City Administrator Sarah Cotton; Community Development Director 14 Michael Grochala; Public Safety Director John Swenson; Finance Director Hannah Lynch, Public 15 Services Director Rick DeGardner; City Planner Katie Larsen; City Engineer Diane Hankee; City 16 Clerk Julie Bartell 17 18 PUBLIC COMMENT 19 Chris Stowe, 426 Pine Street, addressed the council regarding his property and his attempt to get a 20 conditional use permit. He believes that there is already a conditional use permit for the property 21 for his purpose. He has questions and wants to keep the council abreast of the situation. There is 22 also an issue with the City and wetlands. Mayor Rafferty asked the City Engineer to contact Mr. 23 Stowe on the wetland question. 24 SETTING THE AGENDA 25 The agenda was amended to remove Item 6C from the agenda, to be considered January 11. 26 CONSENT AGENDA 27 Councilmember Lyden moved to approve the Consent Agenda, Items lA through I as presented. 28 Councilmember Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 29 30 ITEM ACTION 31 Consideration of Expenditures: 32 A) Consideration of Expenditures: December 14, 2020 33 (Check No. 113450 through 113545) in the amount of 34 $1,043,499.99. Approved 35 B) Consider Approval of Nov. 23, 2020 Work Session Minutes Approved 36 C) Consider Approval of Nov. 23, 2020 Council Minutes Approved 37 D) Consider Approval of Nov. 30, 2020 Special Council Minutes Approved 38 E) Consider Approval of Nov. 30, 2020 Special Work Session Minutes Approved 39 F) Consider Resolution No. 20-149, Establishing Polling Locations for 40 2021 Elections Approved 41 G) Consider Acceptance of Police Canine Leash Approved 1 COUNCIL MINUTES APPROVED 42 H) Consider Resolution No. 20-161 Extending the Recording Date for 43 the Final Plat of Natures Refuge Approved 44 I) Consider Approval of Settlement Agreement Approved 45 J) Consider Resolution No. 20-169, Approving Off -Sale 3.2 Beer 46 and Tobacco License for Casey's Retail Company, 7601 Lake Drive Approved 47 FINANCE DEPARTMENT REPORT 48 2A) Public Hearing — 2020/21 Property Tax Levy and 2021 Budget. 49 i) Consider Resolution No. 20454, Adopting Final 2020 Tax Levy, Collectible 2021, 50 ii) Consider Resolution No. 20455, Adopting the Final 2021 General Fund Operating Budget; 51 iii) Consider Resolution No. 20456, Adopting the 2021 Water and Sewer Operating Budgets 52 53 Finance Director Lynch reviewed a PowerPoint presentation that included information on the following: 54 - Total tax levy proposed (two components — General Fund and debt levy); 55 - Tax Capacity and Rate (what a property owner will pay); 56 - Valuations increasing approximately 8%; 57 - Other taxes on tax statement; 58 - Tax Rate Impact (residential and commercial property example); 59 - General Fund Budget breakdown by department (fund is balanced for 2021); 60 - Review of General Fund Budget, including proposed increases; 61 - Water & Sewer Fund summary (funded by user fees). 62 63 Mayor Rafferty opened the public hearing. There was no one present wishing to speak and the public 64 hearing was closed. 65 66 Councilmember Lyden thanked his fellow councilmembers and the staff for holding down taxes for next 67 year. He thinks it would be helpful to property owners for the City to provide a comparison between 2020 68 and 2021 payable. Ms. Lynch clarified that the overall tax amount mentioned in her presentation was 69 based on the other taxing jurisdiction's preliminary budgets so there could be some reduction in those. 70 She also noted that the multijurisdictional calculation was based only on the Centennial School district 71 figures although there are other school districts that serve and tax in Lino Lakes. 72 73 Mayor Rafferty noted that it's been clear from the onset of budget discussions that staff and the council 74 would work hard, including through a pandemic, to bring forward an appropriate budget. 75 76 Councilmember Cavegn moved to approve Resolution No. 20-154 as presented. Councilmember Stoesz 77 seconded the motion. Motion carried: Yeas, 5; Nays none. 78 79 Councilmember Lyden moved to approve Resolution No. 20455 as presented. Councilmember Cavegn 80 seconded the motion. Motion carried: Yeas, 5; Nays none. 81 82 Councilmember Lyden moved to approve Resolution No. 20-155 as presented. Councilmember Cavegn 83 seconded the motion. Motion carried: Yeas, 5; Nays none. 84 85 2B) Consider Resolution No. 20457, Amending the 2020 General Fund Operating Budget — 86 Finance Director Lynch noted that annually staff brings forward the final figures for the current year 2 COUNCIL MINUTES APPROVED 87 budget. As included in the staff report, Ms. Lynch reviewed factors that impacted the budget. She 88 announced that the final budget will add funds to the City's budget reserve. 89 90 Councilmember Ruhland moved to approve Resolution No. 20457 as presented. Councilmember 91 Stoeszseconded the motion. Motion carried: Yeas, 5; Nays none. 92 93 2C) Coronavirus Relief Funds: i) Consider Approval of Final Spending Plan; ii) Consider 94 Adopting Federal Grants Policy- Finance Director Lynch reviewed her written report that outlines the 95 City's final spending plan for Coronavirus Relief funding. The staff recominendation includes a request 96 to approve a federal grants policy. 97 98 Councilmember Lyden noted that this was no small effort and staff stepped forward and did a good job. 99 100 Councilmember Stoesz asked about a lift station and Ms. Lynch noted other eligible expenditures. 101 102 Councilmember Lyden moved to approve the Final Spending Plan and Federal Grants Policy as presented. 103 Councilmember Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 104 ADMINISTRATION DEPARTMENT REPORT 105 3A) Authorize Entering into a Joint Powers Agreement with Metro-INET for IT Services — 106 City Administrator Cotton explained that the City has been a member of the consortium since 2004. 107 This year, however, efforts were underway to establish provision of services under a joint powers 108 agreement (JPA). She noted that at a previous meeting there was information presented to the council 109 indicating why these services remain the best value for the City. As for the JPA document, it has 110 been thoroughly reviewed including by the City's attorney. It is expected to take most of 2021 to 111 transition to the JPA but it would be effective as of January 2, 2021. Staff is recommending that the 112 council authorize entering into the JPA for City IT services. 113 Mayor Rafferty remarked that he's seen the services and level of technology needed by the City and 114 provided by Metro INET change over the course of years. 115 Councilmember Stoesz asked about facilities to be used; will the offices and data center remain at 116 Roseville. If expansion of those facilities is required, how can the City ensure it is treated equitably 117 (not subsidizing Roseville facilities with Lino Lakes taxpayer money). Ms. Cotton explained that one 118 of the issues with the current operation is that there is a lot of space used at the City of Roseville and 119 that City needs their space. So she suspects there may be a move to use space at member facilities. 120 Many details such as that question will be worked out over the coming year by the board. 121 122 Councilmember Lyden moved to authorize execution of the Joint Powers Agreement as presented. 123 Councilmember Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none. 124 3B) Consider Resolution No. 20462, Approving the Keystone Compensation Classification ] 25 System- City Administrator Cotton explained that staff is requesting that the council approve a new 126 personnel classification system. The council authorized a comprehensive study to rectify certain 127 issues related to pay equity and internal equity. The council received a presentation on the system, the 128 system was presented to the employee labor unions and staff is now requesting council approval. 129 Councilmember Cavegn moved to approve Resolution No. 20-162 as presented. Councilmember Lyden 130 seconded the motion. Motion carried: Yeas, 5; Nays none. l;' COUNCIL MINUTES APPROVED 131 3C) Consider Resolution No. 20463, Approving the 2021-2022 Labor Agreement with LELS, 132 Local No. 260 - City Administrator Cotton explained that the item requests approval of a two year 133 labor agreement with LELS, Local No 260. Terms of the agreement are outlined in the staff report. 134 The proposed contract has been voted upon and approved by the members. 135 Councilmember Lyden moved to approve Resolution No. 20-163 as presented. Councilmember Ruhland 136 seconded the motion. Motion carried: Yeas, 5; Nays none. 137 3D) Consider Resolution No. 20-164, Approving the 2021-2022 Labor Agreement with 138 I.U.O.E, Local No. 49- City Administrator Cotton explained that the item requests approval of a two 139 year labor agreement with I.U.O.E local. Terms of the agreement are outlined in the staff report. The 140 proposed contract has been voted upon and approved by the members. 141 Councilmember Lyden moved to approve Resolution No. 20-164 as presented. Councilmember 142 Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 143 3E) Consider Resolution No. 20 165, Approving the 2021 2022 Labor Agreement with 144 AFSCA4t , Loeal No. 454Sarah -Cotton 145 3F) Consider Resolution No. 20-166, Approving the 2021-2022 Labor Agreement with LELS, 146 Local No. 299- City Administrator Cotton explained that the item requests approval of a two year 147 labor agreement with LELS, Local No. 299. Terms of the agreement are outlined in the staff report. 148 The proposed contract has been voted upon and approved by the members. 149 Councilmember Ruhland moved to approve Resolution No. 20A 66 as presented. Councilmember 150 Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 151 3G) Consider Resolution No. 20-167 and 20468, Establishing the 2021 and 2(22 152 Compensation Plans for Non -Union Employees- City Administrator Cotton explained that the 153 resolutions would establish compensation for non -union employees for the upcoming two years. The 154 salary adjustments proposed are in line with those included in the contracts proposed for union 155 employees. 156 Councilmember Lyden noted that labor agreements and. talks can be contentious. He offers thanks to 15 / the people on both sides of the table for coming together. He knows that no one gets everything they 158 want. 159 Mayor Rafferty remarked that the actions will impact people's lives and in the most positive sense. 160 Councilmember Lyden moved to approve Resolutions No. 20-167 and No. 20-168 as presented. 161 Councilmember Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 162 311) Consider Plan for Liquor License Fees during State Emergency- City Clerk Bartell 163 reviewed her written report. Restaurants and bars in Lino Lakes are impacted by the State's 164 emergency mandate and they are no longer able to sell on -sale beverages. As the City did previously 165 this year, staff is requesting that the council authorize a liquor license fee refund to on -sale license 166 holders to be applied as a future fee credit. The terms of the refund plan would be similar to what 167 was offered under the earlier emergency State mandate. 168 Councilmember Ruhland moved to approve the refund plan as presented. Councilmember Cavegn 169 seconded the motion. Motion carried: Yeas, 5; Nays none. 170 PUBLIC SAFETY DEPARTMENT REPORT 171 There was no report from the Public Safety Department. COUNCIL MINUTES APPROVED 172 PUBLIC SERVICES DEPARTMENT REPORT 173 5A) Consider Approval of Resolution No. 20448, Approving Cleaning Services Contract with 174 Marsden Services — Public Services Director DeGardner reviewed his written report that provides the 175 history of cleaning services contracted for City facilities, the current dissatisfaction with the services 176 provided despite attempts to receive better services, and staff s recommendation to enter a new 177 contract with Marsden Services. The period of the proposed contract is six months which will allow 178 the City to evaluate Marsden's services. 179 Councilmember Lyden noted the amount of detail provided by the proposed contractor. If their 180 services are as detailed, there won't be any more problems. 181 Mayor Rafferty thanked staff for looking for a way to do better. 182 Councilmember Cavegn moved to approve Resolution No. 20448 as presented. Councilmember 183 Lyden seconded the motion. Motion carried: Yeas, 5; Nays none 184 SB) Consider Approval of Resolution No. 20-150, Authorize the Preparation of Plans and 185 Specs, Hard Court Facility at Birch Street and Centerville Road - Public Services Director 186 DeGardner reviewed his written report requesting council authorization to proceed with planning for 187 the development of certain hard court facilities. Mr. DeGardner reviewed how the work would be 188 funded, an estimated schedule for the project, and the proposed contractor. 189 Councilmember Stoesz asked if there is any coordination with the Emerald Ash Borer program and 190 tree planting for this project. Mr. DeGardner said park staff will handle the tree element. 191 Councilmember Cavegn mentioned his concerns: location (not a large population to serve); taking 192 park dedication funds from a development; and the many needs for existing parks. 193 Councilmember Lyden asked that the matter be tabled: all park needs should be considered in the 194 discussion for funding and more examination of that information is -important; the council must 195 prioritize the needs with all parties including the community. 196 Director DeGardner responded with discussion of facilities that are currently available (hard court), 197 the popularity of pickleball, and the opportunity to serve that area of the city. He also noted the 198 council discussion and designation of funds for the project in 2018. 199 Councilmember Stoesz said he isn't opposed to having more discussion about parks, however, he has 200 followed this project coming forward. He would like to understand more about cost. He would be in 201 favor at this point because the council will have another opportunity to vote. 202 Director DeGardner remarked that the plans and specifications element is very expensive and he 203 wouldn't recommend going down that road without certainty of moving forward. 204 Mayor Rafferty recalled discussions about a project and the thought that landscaping could be 205 coordinated with the water tower project. He spoke about the location and that he sees the need for 206 services in the area. He added that park dedication funds from the Stoneybrooke development were 207 used previously for a trail. 208 Director DeGardner said there is certainly potential on this land to incorporate amenities such as 209 playground improvements in the future. This gets a project going but it doesn't have to be limited. 210 Mayor Rafferty suggested that the main mission here is to decide what's appropriate currently. He is 211 in favor of moving forward to getting things moving. He noted the council's recent budget decision 212 to move some funds from contingency that will be used for parks. 5 COUNCIL MINUTES APPROVED 213 Councilmember Lyden said he is requesting that the matter be tabled so this discussion can continue. 214 He understands and respects other opinions and would like further discussion. 215 Councilmember Lyden moved to table the matter. Councilmember Cavegn seconded the motion. 216 Motion lost: Yeas, 2; Nays, 3 as follows: Yeas — Lyden, Cavegn; Nays — Stoesz, Ruhland, Rafferty 217 Councilmember Stoesz moved to approve Resolution No. 20A 50 as presented. Councilmember 218 Ruhland seconded the motion. Motion carried: Yeas, 3; Nays, 2 as follows: Yeas — Stoesz, Ruhland, 219 Rafferty; Nays — Cavegn, Lyden 22o COMMUNITY DEVELOPMENT REPORT 221 6A) Consider Resolution No. 20445 Approving Preliminary Plat for Bald Eagle Addition — 222 City Planner Larsen reviewed a PowerPoint presentation that included information on the following: 223 - 2 lot subdivision on Elm Street; 224 - Zoning Requirements; 225 - Planning and Zoning consideration (citizen comments were reviewed); 226 - Public Safety review; 227 - Findings of Fact. 228 Councilmember Lyden asked if the question relating to storm water was resolved. Ms. Larsen 229 explained that issues such as storm water will be addressed in the process going forward in preparation 230 of the final plat. 231 Councilmember Stoesz asked about Lot 2. Ms. Larsen said the house pad is shown and that meets the 232 setback requirements; as of right now the size of a property isn't determined. 233 Mayor Rafferty suggested that the Planning and Zoning Board look at the setbacks requirements 234 overall. 235 Councilmember Lyden moved to approve Resolution No. 20-145 as presented. Councilmember 236 Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 237 6B) Poehling Addition: i. Consider Resolution No. 20459 Approving Final Plat; lie 238 Consider Resolution No. 20460 Approving Development Agreement - City Planner Larsen 239 reviewed a PowerPoint presentation that included information on the following: 240 - 2 lot subdivision on West Shadow Lake Drive; 241 - Preliminary plat approval and final plat consistency; 242 - Planning and Zoning review and approval; 243 - Findings of Fact are included. 244 Councilmember Stoesz asked if the property has any flood area. Ms. Larsen said the applicant has met 245 requirements for floodplain mitigation. 246 Councilmember Lyden said he is sometimes surprised at numbers, noting the costs to the property 247 owner for a subdivision such as this. It's an established property that has been paying taxes to the 248 city. He sees a resident developing their property differently from an outside developer. He'd like 249 to see park dedication fees waived. Ms. Larsen explained that the fees would be applied only to the 250 one lot. COUNCIL MINUTES APPROVED 251 Mr. Poehling was present and noted that he concurs with Councilmember Lyden. He added that staff 252 was out front about the process and he is appreciative of the staff s work. He is also appreciative of 253 the City stepping up and getting the road improved so that the lot can be subdivided. 254 Community Development Director Grochala suggested that the council doesn't have the authority at 255 this point to waive a park dedication fee. It would be an arbitrary action favoring one developer. 256 Councilmember Lyden asked if there could be consideration of fees according to what is being 257 developed. 258 Councilmember Stoesz moved to approve Resolution No. 20459 as presented. Councilmember 259 Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 260 Councilmember Stoesz moved to approve Resolution No. 20460 as presented. Councilmember 261 Ruhland seconded the motion. Motion carried: Yeas, 5; Nays none. 262 6C) Consider Resolution No. 20 131 Denying a Setbaek Alarianee for- a Deek at 842 Lot's 263 264 follo-wi 265 266 themetion. Motion etarried: Yeas, 5; Nays nofte—. 267 6D) Consider 1st Reading of Ordinance No. 06-20 Zoning Ordinance Text Amendment 268 Regarding Metal Roofs on Single Family Dwellings- City Planner Larsen reviewed a PowerPoint 269 presentation that included information on the following: 270 - Background; staff directed to look at metal roof requirements; 271 - Looked at neighboring communities; 272 - Discussed at recent work session; left with impression that the exposed fasteners wouldn't be 273 appropriate; 274 - Action presented to the council is the Planning and Zoning Board's so if the council doesn't 275 wish to concur, the absence of a motion would conclude the matter. 276 Councilmember Lyden said he isn't opposed to allowing exposed fasteners in rural areas. He's seen 277 areas where the exposed fasteners are already in place. What would happen if one of those property 278 owners needed to work on their roof? 279 Councilmember Lyden moved to approve the first reading of Ordinance No. 06-20 amended to allow 280 exposed fasteners only in rural (zoned) neighborhoods. Councilmember Cavegn seconded the 281 motion. Motion lost: Yeas, 2; Nays, 3 as follows: Yeas — Lyden, Cavegn; Nays — Stoesz, Ruhland, 282 Rafferty. 283 No additional action was taken on the matter. 284 6E) Consider Approval of Resolution No. 20402, Approving Payment No. 7 and Final, 2020 285 Street Rehabilitation Project- City Engineer Hankee reviewed her written report, including the work 286 performed and the final budget. 287 Mayor Rafferty noted the contractor favorably and also noted that having WSB & Associates 288 managing the project also helps. 289 Councilmember Lyden moved to approve Resolution No. 20402 as presented. Councilmember 290 Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 7 COUNCIL MINUTES APPROVED 291 6F) Consider Approval of Resolution No. 20447, Approving Payment No. 2 and Final, 2020 292 City Hall Parking Lot Fog Seal Project- City Engineer Hankee reviewed her written report outlining 293 the history of the project, the amount of the contract, the completion of the project and the final 294 payment yet to be made. 295 Councilmember Cavegn moved to approve Resolution No. 20447 as presented. Councilmember 296 Lyden seconded the motion. Motion carried: Yeas, 5; Nays none. 297 6G) Consider Approval of Resolution No. 20-151, Order Project, Approve the Plans and 298 Specifications and Authorize the Ad for Bid, 2021 Street Improvement Projects - City Engineer 299 Hankee reviewed her written staff report outlining the project history, funding mechanism, size and 300 location of the project, estimated cost for components, and an explanation of what is planned and 301 where. It was clarified that a thin overlay is an inch and one half. The projects will be combined for 302 one bid offering in the hopes of getting the best price. 303 Councilmember Stoesz asked Ms. Hankee if she feels overweight truck use of 4th Avenue has 304 contributed to deterioration of that street. Ms. Hankee said the tonnage of that road is limited the 305 same as any other road in the City; it is an old roadway and yes traffic can cause additional 306 deterioration. 307 Councilmember Cavegn moved to approve Resolution No. 20-151 as presented. Councilmember 308 Lyden seconded the motion. Motion carried: Yeas, 5; Nays none. 309 6H) Consider Approval of Resolution No. 20452, Approving Payment No. 6 and Final, East 310 Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project - City Engineer 311 Hankee reviewed the history of this project shared with the City of Hugo. The elements of the project 312 were reviewed as well as the final cost. 313 Mayor Rafferty remarked that the improvements were needed so this project was very welcome. 314 Kudos to the City of Hugo for joining with the City to get it done. 315 Councilmember Stoesz asked, prior to going out for bid, what was WSB's estimate for the project. 316 Ms. Hankee will provide that information later. 317 Councilmember Lyden moved to approve Resolution No. 20-152 as presented. Councilmember 318 Cavegn seconded the motion. Motion carried: Yeas, 5; Nays none. 319 6I) Consider Approval of Resolution No. 20453, Accepting Quotes, and Awarding a 320 Construction Contract, 2020 Surface Water Maintenance Project - City Engineer Hankee 321 reviewed her written report. She explained surface water maintenance in the city and what it is meant 322 to accomplish. This year's project would focus on seven sites and they are hoping to get some of it 323 done in the near future because the weather is favorable. This involves separate contractors so the 324 council will see separate quote packets. She explained the low quote received. 325 Mayor Rafferty asked if any pond cleaning is due to Eurasian Milfoil. Ms. Hankee said staff reviews 326 data and uses it to address treatment areas as well as look at the downstream impacts. 327 Councilmember Stoesz asked, regarding site #7 which appears to be a commercial site, did the 328 business there contribute to the current situation. Ms. Hankee said the Public Works department 329 recommended the site (they've attempted work there in the past) and no it isn't necessarily their 330 sediment; there's been an issue at the property for some time. 331 Councilmember Cavegn moved to approve Resolution No. 20453 as presented. Councilmember 332 Lyden seconded the motion. Motion carried: Yeas, 5; Nays none. i i COUNCIL MINUTES 333 UNFINISHED BUSINESS 334 There was no Unfinished Business. 335 336 NEW BUSINESS 337 There was no New Business. 338 339 COMMUNITY EVENTS 340 There were no events announced. 341 COMMUNITY CALENDAR APPROVED 342 Community Calendar —A Look Ahead 343 December 14, 2020 through December 28, 2020 344 --Monday, December 28 6:00 pm, Community Room Council Work Session 345 Monday, December 28 6:30 pm, Council Chambers City Council Meeting 346 347 ADJOURN 348 349 Mayor Rafferty announced that he hopes people in the City and City staff will have the merriest 350 Christmas and happiest New Year and always keep safe. 351 352 There being no further business, the council moved to adjourn at 9:00 p.m. Motion carried on a 353 voice vote. 354 355 These minutes were considered and approved at the regular Council Meeting on December 28, 356 2020. 357 358 359 360 r 4 361 Ju ' Bartell, City lerk Rob Rafferty, Mayor 362