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HomeMy WebLinkAbout05-10-2021 Council Meeting Minutes COUNCIL MINUTES APPROVED 1 2 LINO LAKES CITY COUNCIL 3 REGULAR MEETING 4 MINUTES 5 6 DATE : May 10,2021 7 TIME STARTED : 6:30 p.m. 8 TIME ENDED : 7:25 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; Public Safety Director Jo Swenson; 14 Finance Director Hannah Lynch; City Planner Katie Larsen; City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 There were no public comments. 18 SETTING THE AGENDA 19 The agenda was approved as presented. 20 CONSENT AGENDA 21 Councilmember Ruhland moved to approve the Consent Agenda, Items 1 A through IF as presented. 22 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTIO 25 Consideration of Expenditures: 26 A) May 10, 2021 (Check No. 114273 through 114358) in the 27 Amount of$236,071.25 Approve" 28 B) Consider Approval of April 26, 2021 Council 29 Work Session Minutes Approve" 30 C) Consider Approval of April 26, 2021 Council 31 Minutes Approve 32 D) Consider Approval of Resolution No. 21-37,Approving a 33 Special Event Permit for Hammerheart Brewing Co. Approve 34 E) Consider Approval an Exempt Permit for Lawful Gambling at 35 St. Joseph of the Lakes Catholic Church Approved 36 F) Consider Acceptance of the Water and Sewer Utility Rate Study Approved 37 FINANCE DEPARTMENT REPORT 38 2A) Consider Resolution No. 21-43,Providing for the Issuance and Sale of General 39 Obligation Street Reconstruction Bonds, Series 2021A, in the Proposed Aggregate Principal 40 Amount of$1,815,000—Finance Director Lynch reviewed the written staff report. The bonds 1 COUNCIL MINUTES APPROVED 41 would be used to finance the 2021 Street Reconstruction Project,as approved by the council. She 42 introduced the City's financial advisor Terri Heaton, Baker Tilly,to review the bond issuance 43 details. 44 Ms. Heaton reviewed the request,the amount, and the purpose. The sale would occur on June 14, 45 2021 and the results would be provided to the City that evening. The bonds are a ten year fund, 46 payments are about 194,000 annually for repayment. The interest is 1.35%(at this time); a low bid 47 on the date of the sale actually determines the rate. They did look at other issuances to consider 48 refunding and are holding off based on the possibility of impacting legislation. The bond rating is 49 AA+ although there will be another rating of the bonds through this process. 50 Mayor Rafferty remarked that the council has supported moving the street projects forward and is 51 looking for the best possible rate to fund the work. 52 Councilmember Stoesz asked if rates change, can the bidder change anything? Ms. Heaton said 53 typically there are multiple bids,there is a council acceptance proces and there is normally no 54 change. 55 The council discussed the City's credit rating and possibilites for improvement or of being 56 downgraded. Ms. Heaton explained that she doesn't anticipate a change at this time. 57 Councilmember Stoesz moved to approve Resolution No. 20-43 as presented. Councilmember 58 Ruhland seconded the motion. Motion carried on a voice vote. 59 ADMINISTRATION DEPARTMENT REPORT 60 3A) Consider Appointment of Police Officer—Public Safety Director Swenso reviewed the 61 written recommendation to hire Daniel Swenson to an open police officer position viith the City. If 62 hired, he would begin on June 1, 2021. Mr. Swenson noted Candidate Swenson's experience and 63 the recommendation to start him at salary Step 4. 1 64 Councilmember Lyden moved to approve the appointment of Daniel Swenson as re ommended. 65 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 66 PUBLIC SAFETY DEPARTMENT REPORT 67 4A) Consider Converting Seized Property to City Property for City Use—P blic Safety 68 Director Swenson explained that the staff report denotes the items they are proposi4 to convert. 69 All items have gone through the statutory requirements for converting seized prope 70 Councilmember Cavegn moved to approve the conversion of property as recommen ed by staff. 71 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 72 4B) Consider Donation of Seized Property—Public Safety Director Swenson explained that 73 staff is requesting authority to donate certain seized property. In the past the department has 74 utilized a service and it has not been the best result. In lieu they recommend that these items be 75 donated to Family Pathways, a non-profit,to be sold in their thrift store. 76 Councilmember Stoesz discussed the possibility of storing some items off site but Director Swenson 77 explained why that would not work(chain of custody issues). 78 Councilmember Ruhland moved to approve the donation of property as recommend d by staff. 79 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 80 PUBLIC SERVICES DEPARTMENT REPORT 2 COUNCIL MINUTES APPROVED 81 There was no report from the Public Services Department. 82 COMMUNITY DEVELOPMENT REPORT 83 6A) Butler Addition: i) Consider 1st Reading of Ordinance No. 03-21,Rezoning Property 84 from R,Rural to R-1, Single Family Residential; ii) Consider Resolution No.21-39 Approving 85 Preliminary Plat—City Planner Larsen reviewed a PowerPoint presentation including information on 86 the following: 87 - Land Use Application — subdivide to two lots; 88 - Aerial of location; 89 - Zoning Map—rezoning would be consistent with neighborhood; 90 - Density—subdivision is consistent with requirements; 91 - Preliminary Plat—includes storm water pond;public land dedication; 92 - Zoning Requirements; 93 - Comprehensive Plan—project is consistent; 94 - Recommendations—Planning& Zoning recommends approval; 95 - Findings of Fact—reviewed. 96 Councilmember Ruhland moved to approve the 1'Reading of Ordinance No. 03-21 as presented. 97 Councilmember Cavegn seconded the motion. Motion carried on a voice vote 98 Councilmember Ruhland moved to approve Resolution No. 21-39 as presented. Councilmember 99 Cavegn seconded the motion. Motion carried on a voice vote. 100 6B) Otter Crossing: i) Consider Resolution No. 21-40 Approving Final Plat; ii) Consider 101 Resolution No. 21-41 Approving Development Agreement; iii Consider Resolution No.21-42 102 Approving Declaration of Access Control—City Planner Larsen reviewed a PowerPoint presenation 103 that included information on the following: 104 - Land Use Application for the final plat of Otter Crossing; 1.46 acre parcel fob-the purpose of 105 constructing a 7,800 square foot commercial retail building.; 106 - Aerial view of location—vacant commercial land: 107 - Original preliminary plat and revisions shown; 108 - Site plan review; 109 - Building Elevations; 110 - Storm water maintenance pond will be expanded;wetland mitigation plans ( pproved by 111 watershed district); 112 - Additional comments—signage, surface, land dedication; 113 - Required Agreements— Stormwater, development, site improvement, drive ay easement, 114 access control; 115 - Findings of Fact; 116 - Recommendations—Planning&Zoning Board recommends approval. 3 COUNCIL MINUTES APPROVED 117 Councilmember Lyden expressed some concern about the drive-through. The location is noisy and he 118 wonders if the developer is aware of the possible impact. Ms.Larsen noted that the developer is aware 119 and the site plan meets requirements (including screening). 120 Councilmember Stoesz asked if there are pedestal signs planned for freeway view? Ms. Larsen 121 explained there is nothing planned for the interstate signage. 122 Paul Schier, Maplewood, developer. There is much that goes into this type of procss; staff has been 123 very helpful. They (developers)are interested in getting it open and providing services as soon as the 124 development process will allow. 125 Councilmember Lyden moved to approve Resolution No. 21-40,Resolution No. 21-41 and Resolution 126 No. 21-42 as presented. Councilmember Ruhland seconded the motion. Motion carried on a voice 127 vote. 128 6C) Consider Resolution No. 21-38 Denying a Variance for a Second Driveway at 23 Century 129 Trail—City Planner Larsen reviewed a PowerPoint presentation (on file); she was brief as the matter 130 was fully reviewed at the council's last work session. The application is for a variance to allow a 131 second driveway for a second constructed garage. The Planning&Zoning Board did not approve a 132 motion on the matter; they did recommend review of the ordinance impacting driveway regulations. 133 Staff is recommending denial of this variance request as outlined in the staff report. 134 Councilmember Stoesz moved to approve Resolution No. 21-38 as presented. Motion failed for lack 135 of second. 136 Councilmember Lyden moved to approve the variance request. Councilmember Cavegn seconded the 137 motion. 138 Councilmember Stoesz asked if staff expects there will be additional variance requests if this were 139 approved; staff explained that they couldn't know that in advance but it would be a} recedent. 140 Councilmember Ruhland said it sounds like there was some miscommunication bet'een the City and 141 the homeowner as he developed his second garage. Staff will now have a new process that is clear. 142 He is in favor of looking at an ordinance change and he sees no reason to have a citizen wait a year 143 when there seems to be council support. He supports the variance. 144 Councilmember Cavegn said he reviewed the recent zoning training information pr ided by City 145 Attorney Squires. It's notable that the training recommends that the council practic reasonableness 146 when that is called for and he sees it applies in this case. 147 Councilmember Ruhland noted the location of the applicant's property on a cul-de-sac; he expects this 148 driveway may be an improvement. 149 Councilmember Lyden noted the aerial view of the property and why he thinks this passes the test 150 conformance to the area. The number of driveway(s) issue is different here because the two driveways 151 will be on different streets. 152 Derek Sadowski, applicant, noted that this has been discussed at great length and th site visited by 153 some councilmembers. He will leave the decision in the council's hands. 154 Mayor Rafferty remarked that while he is twisted, he would like to see the things fal into place the 155 proper way. 156 Councilmember Stoesz explained that he supports handling this matter through proper channels—by an 157 ordinance change. 4 COUNCIL MINUTES APPROVED 158 Motion carried; Councilmember Stoesz and Mayor Rafferty voted no. 159 UNFINISHED BUSINESS 160 There was no Unfinished Business. 161 162 NEW BUSINESS 163 There was no New Business. 164 165 COMMUNITY EVENTS 166 There were no events announced. 167 COMMUNITY CALENDAR 168 169 Community Calendar-A Look Ahead 170 May 10,2021 through May 24,2021 171 14. Wednesday,May 12 6:30 pm,Zoom Planning&Zoni Board 172 Monday,May 24 6:00 pm,Council Chambers Council Work Se sion 173 Monday,May 24 6:30 pm, Council Chambers City Council Mee ing 174 175 ADJOURN 176 177 There being no further business, Councilmember Ruhland moved to adjourn at 7:25 p.m. 178 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 179 180 These minutes were considered and approved at the regular Council Meeting on Ma 24, 2021. 18] 182 183 184 _ tj\-( 185 lip e Bartell, City C erk ob of erty, Mayor 186 5