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HomeMy WebLinkAbout05-29-2018 Council Meeting PacketEXPANDED AGENDA CITY COUNCIL AGENDA Tuesday, May 29, 2018 *********** 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz 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, Stoesz, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented SPECIAL PRESENTATION Oath of Fire Service – Firefighters Menne, Cree, Marshik, Gustafson Promotion to District Fire Chief: Mark Hokkanen Promotion to Public Safety Captain: William Owens Public Safety Department Volunteer Recognition 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 29, 2018 (Check No. 108118 through 108236) in the amount of $451,248.78 B) Consider approval of May 7, 2018 Council Work Session Minutes C) Consider approval of May 14, 2018 City Council Minutes D) Consider Resolution 18-64, Approving a Peddler/Solicitor License for Big Bell Ice Cream, Inc. E) Consider Resolution 18-65 Approving a Permit for Consumer Firework Sales for Target Superstore Council Agenda -2- May 29, 2018 EXPANDED AGENDA F) Consider Resolution 18-66 Approving a Special Event for Permit for Target Superstore G) Consider Resolution 18-67, Approving a Peddler/Solicitor License for The Window Store Action Taken: Motion by Maher, seconded by Rafferty, to approve Consent Agenda Items 1A through 1G as presented, was adopted 2. FINANCE DEPARTMENT REPORT A) Public Hearing for the Purpose of Providing Host Approval for the Issuance of a Revenue Note by the City of Columbia Heights, Sarah Cotton i) Consider Resolution No. 18-68, Consenting To and Approving the Issuance by the City of Columbia Heights of a Revenue Obligation for the Benefit of Love To Grow On Action Taken: Motion by Stoesz, seconded by Manthey, to approve Resolution No. 18-68 as presented, was adopted 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Accounting Clerk/ Utility Billing, Karissa Bartholomew Action Taken: Motion by Rafferty, seconded by Maher, to approve the appointment of Yelena Brook as recommended, was adopted B) Consider 2nd Reading and Passage of Ordinance No. 04-18, Amending Chapter 301 of the City Code relating to Public Parks and Grounds, providing an exception to alcohol restriction for community festival, Julie Bartell Action Taken: Motion by Rafferty, seconded by Maher, to approve the 2nd Reading of Ordinance No. 04-18 as presented, was adopted; Yeas, 5; Nays none 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Drainage and Utility Easement Vacation, Diane Hankee i) Consider 2nd Reading of Ordinance No. 03-18, Outlot B of NorthPointe 5th Addition Council Agenda -3- May 29, 2018 EXPANDED AGENDA Action Taken: Motion by Manthey, seconded by Stoesz, to approve the 2nd Reading and passage of Ordinance No. 03-18 as presented, was adopted; Yeas, 5; Nays none ii) Consider Resolution No. 18-53, Approving Summary Publication of Ordinance No. 03-18 Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 18-53 as presented, was adopted B) Consider Resolution 18-61, Approving Comprehensive Plan Amendment – Utility Staging, Diane Hankee Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 18-61 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the City Council will reconvene for a closed meeting (City Administrator’s review) Meeting was cancelled/to be rescheduled Community Calendar – A Look Ahead May 29, 2018 through June 11, 2018 Monday, June 4 6:00 pm, Community Room Council Work Session Thursday, June 7 8:00 am, Community Room EDAC Monday, June 11 6:00 pm, Council Chambers Liquor Compliance Hrg Monday, June 11 6:30 pm, Council Chambers Council Meeting Updated 5/25/2018 CITY COUNCIL AGENDA Tuesday, May 29, 2018 *********** 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz 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 SPECIAL PRESENTATION Oath of Fire Service – Firefighters Menne, Cree, Marshik, Gustafson Promotion to District Fire Chief: Mark Hokkanen Promotion to Public Safety Captain: William Owens Public Safety Department Volunteer Recognition 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 29, 2018 (Check No. 108118 through 108236) in the amount of $451,248.78 B) Consider approval of May 7, 2018 Council Work Session Minutes C) Consider approval of May 14, 2018 City Council Minutes D) Consider Resolution 18-64, Approving a Peddler/Solicitor License for Big Bell Ice Cream, Inc. E) Consider Resolution 18-65 Approving a Permit for Consumer Firework Sales for Target Superstore F) Consider Resolution 18-66 Approving a Special Event for Permit for Target Superstore Council Agenda -2- May 29, 2018 G) Consider Resolution 18-67, Approving a Peddler/Solicitor License for The Window Store 2. FINANCE DEPARTMENT REPORT A) Public Hearing for the Purpose of Providing Host Approval for the Issuance of a Revenue Note by the City of Columbia Heights, Sarah Cotton i) Consider Resolution No. 18-68, Consenting To and Approving the Issuance by the City of Columbia Heights of a Revenue Obligation for the Benefit of Love To Grow On 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Accounting Clerk/ Utility Billing, Karissa Bartholomew B) Consider 2nd Reading and Passage of Ordinance No. 04-18, Amending Chapter 301 of the City Code relating to Public Parks and Grounds, providing an exception to alcohol restriction for community festival, Julie Bartell *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Drainage and Utility Easement Vacation, Diane Hankee i) Consider 2nd Reading of Ordinance No. 03-18, Outlot B of NorthPointe 5th Addition *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 18-53, Approving Summary Publication of Ordinance No. 03-18 B) Consider Resolution 18-61, Approving Comprehensive Plan Amendment – Utility Staging, Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Council Agenda -3- May 29, 2018 Adjournment Following adjournment of the regular meeting, the City Council will reconvene for a closed meeting (City Administrator’s review) Community Calendar – A Look Ahead May 29, 2018 through June 11, 2018 Monday, June 4 6:30 pm, Community Room Park Board Monday, June 4 6:00 pm, Community Room Council Work Session Thursday, June 7 8:00 am, Community Room EDAC CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : May 7, 2018 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 11:35 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz 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; Public Services Director 12 Rick DeGardner; Finance Director Sarah Cotton; City Planner Katie Larsen; City 13 Engineer Diane Hankee; Environmental Coordinator Marty Asleson; City Clerk Julie 14 Bartell 15 1. Presentation from Terre Heiser, Roseville IT – Mr. Heiser reviewed a 16 PowerPoint presentation covering: 17 18 - Partnerships with 31 entities (including 24 cities); Population served is about the same 19 as the City of St. Paul; 20 - Number of users and connected buildings; 21 - Shared IT Department, meaning all members are equal; 22 - Goals and objectives of the department; 23 - Distribution of labor costs (noted that some administrative overhead is not charged 24 back); 25 - User Support, including indications on how charges are established and allow for 26 flexibility; 27 - Computer Support – Budget and costs; 28 - Exchange Email – Budget and costs; 29 - Server Support, most are virtualized and basically eliminated the need for organizations 30 to have an individual server; 31 - Network Systems Support, review of what’s included as well as budget and costs; 32 included cost comparison between Lino Lakes Fire Stations; they are always looking for 33 best costs and efficiencies; Mayor Reinert requested comparables for all the services the 34 city receives; 35 - Summary of budget and cost implications to the city; the City’s cost boils down to about 36 $108,000 that would save that the city could use to provide its own IT services. 37 - Service calls for the City (large and small combined). 38 39 Council Member Rafferty asked if costs to jurisdictions are based on number of users 40 only and Mr. Heiser said costs are based on that element and also collectively on 41 equipment involved. 42 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 2 Mayor Reinert said it is valuable for the council to have information on these services 43 regularly. As a follow up, he would like information on the services used by the City and 44 a comparison to what those would cost through the private sector. He sees that with this 45 IT organization being developed over quite a few years, efficiencies have evolved and he 46 compliments Mr. Heiser on that. 47 48 Council Member Stoesz asked if there are any organizations that are ditching their land 49 line phone service in lieu of cell phones. Mr. Heiser said not so much because the job 50 duties are still mainly desk oriented and the cost for landlines is significantly lower. Mr. 51 Heiser added that the Cisco Jabber program that is provided by Metro INET allows 52 transmission of a land line call to a cell phone. 53 54 Mr. Heiser also provided information to the council on how Metro INET limits the type 55 of equipment used to control what touches the network. He also noted that the 56 organization is working on their next strategic plan. 57 58 Council Member Stoesz asked what the council can do to educate and train the City staff 59 to keep them up to date on technology. Mr. Heiser suggested that training generally 60 comes through Roseville as a conduit; using Laserfiche as an example, there are many 61 training resources out there that they can share with users; that also serves to share 62 experiences among members. 63 64 Mr. Heiser updated the council on efforts to keep all equipment upgraded, in particular to 65 Windows 10. They’ve replaced 400 machines since the first of the year. 66 67 Council Member Manthey asked about how appropriate security is provided and Mr. 68 Heiser explained that keeping consistency has been a key element in that area. 69 2. 49/J Development Concept - Community Development Director Grochala 70 reviewed the background information/history on this area, including the master planning 71 study approved by the City Council in 2007. He noted that the senior housing provider 72 Lyngblomsten is proposing development of a new campus at the area. 73 74 Representatives of Lyngblomsten and a real estate representative addressed the council. 75 Using a PowerPoint presentation (on file), they reviewed their preliminary concept, 76 noting that they are seeking council comments. The presentation included information 77 on: 78 79 - the Lyngblomsten organization, including history, origin and existing facilities; 80 - providing a continuum of care is their goal; 81 - a new model of services was launched last year that includes volunteer involvement and 82 utilization of existing services in the community; 83 - they provide all levels of care. 84 85 Mayor Reinert asked about the types of units involved. He is particularly interested in 86 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 3 the one-level units. 87 88 The representatives reviewed the preliminary information on what is proposed, including 89 numbers of units for the continuum of care. Mayor Reinert asked if there is flexibility to 90 change the use as needs change; the representative said yes. The representatives 91 reviewed site plan basics (i.e. preservation of site assets, connectivity). 92 93 Mayor Reinert remarked that buffering from the neighborhood should be a part of any 94 development discussion. The representatives said design would take that into 95 consideration. 96 97 When asked where this organization fits in on a scale for the type of services offered, they 98 said about midway for services in the area. 99 100 An architectural representatives reviewed the preliminary design concepts for the project 101 (on file). 102 103 Director Grochala remarked that this project could be a major driver for other 104 development in the area. He noted that the Economic Development Advisory Committee 105 reviewed the concept and offered enthusiastic support. The additional slides in the 106 presentation will be forwarded to the council. Staff with work with the appropriate 107 governmental agencies going ahead. 108 109 Council Member Maher asked that quality outdoor space such as a garden area would be 110 desirable. 111 112 Mayor Reinert offered his support for the concept; the council concurred. 113 3. Environmental Board Goals – Environmental Coordinator Asleson and Board 114 Member Steven Heiskary reported. The council had asked for a report back on the goals. 115 Mr. Heiskary explained that the board did trim down the goals from what was previously 116 presented. He reviewed the list, highlighting for each goal how the Board is engaging or 117 plans to engage on the activity. On the matter of community gardens, Mayor Reinert 118 recalled previous discussions about expanding gardening activities to other areas of the 119 city, including new developments. 120 121 Council Member Maher noted that she’s seen a lot of eagles this spring and she wonders 122 if they could impact the heron rookery. Environmental Coordinator Asleson said the 123 eagles are here to eat the fish that are easily available in the spring; they shouldn’t be a 124 problem with the herons. 125 126 Council Member Manthey remarked that the Board’s presence at City functions such as 127 the corn feed where they spread the message of the Environmental Board is much 128 appreciated. 129 130 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 4 Council Member Rafferty asked why the council needs to adopt the goals as compared to 131 what is done for other advisory boards. Community Development Director Grochala 132 explained that the Environmental Board goals have traditionally been adopted, as an 133 annual validation of what the Board is doing and is preparing to do. Council Member 134 Rafferty said he’d prefer to show acceptance of their goals and say thank you. Council 135 Member Manthey suggested that the Board does a lot of work and adoption of their goals 136 shows support to the Board and the community. 137 4. Public Safety Update – Public Safety Director Swenson reviewed the written 138 report, using a PowerPoint presentation (on file). The presentation included statistics as 139 well as notable events and areas of focus for the department’s divisions. Special attention 140 is being paid to domestic violence and an improvement project is underway. He touched 141 on the roll out of body cameras and reported that the process went smoothly. On 142 domestic assault, they will provide information on how they are approaching the problem 143 and working toward improvement. 144 145 Heather Munoz, Deck, Duey and Olson (City’s prosecuting attorney firm), reported on 146 her research. She explained that the Lino Lakes Public Safety Department asked them to 147 look into the increases in domestic violence cases in Lino Lakes so they have gathered 148 related data and compiled the statistics that are included in the presentation. She 149 explained the types of crimes that were reviewed and the results as the crimes went 150 forward to the court system. The report also covers the relationship of the parties 151 involved in the crimes. The impact of substance abuse and mental health on the 152 occurrences was also reviewed. 153 154 Director Swenson reviewed the department’s goals going forward in respect of the 155 increase the department has seen in this type of crime. The prosecution staff is working 156 with the department to maximize evidence/improve handling of cases. 157 158 Director Swenson noted that Alexandra House has been providing services in the area for 159 a long time. There is already a system in place where officers will contact them for 160 services as needed. The department is also looking at issues that could be causing the 161 problems so appropriate services can be engaged. 162 163 Director Swenson noted finally that he will be addressing the council (during budget 164 discussions) about the possibility of financial support to Alexandra House from the city. 165 Mayor Reinert asked staff to provide the numbers as soon as information is available. 166 167 Jackie Bridgeman, Community Program Manager, and Sue Redmond, Program 168 Development Director, of Alexandra House were also present and provided information 169 on their programming. They were asked to return and give a comprehensive report on 170 their services. 171 5. 2018 Street Reconstruction – City Engineer Hankee reviewed the written 172 reports: 173 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 5 a. LaMotte Drive – The bids came in substantially over the estimate and she 174 explained the reasons. Staff intends to work on the issues that are driving the cost and 175 rebid the project; staff will communicate information to the residents. Mayor Reinert 176 asked the impact to the residents and Ms. Hankee said basically it’s a delay in fixing a 177 really terrible roadway. The council will be asked to reject the bids at the next council 178 meeting and proceed with the rebid. Residents will be informed that one of the potential 179 issues contractors are noting is how to maintain resident access during construction. 180 181 b. West Shadow Lake Dr. – Replacement of the culvert was discussed at an 182 advertised public meeting. Staff presented data, there was discussion and then a 183 presentation of staff’s proposal to replace the culvert. A mailing will be sent to follow up 184 on that public meeting. Permit applications will be submitted as required. Council 185 Member Maher received additional information on how the historic elevation is set. 186 6. Municipal State Aid Street Fund/ 2018 Mill and Overlay Project - City 187 Engineer Hankee recalled that the council previously authorized staff to seek an 188 advancement of MSA funds from the state. The funds are mainly reserved for remaining 189 debt service on the I-35W intersection improvement project. She reviewed how other 190 MSA funds are planned to be used and what funds are left unencumbered. Staff has 191 presented the option of moving unencumbered funds into this year’s mill and overlay 192 program or to hold them for next year’s project. Mayor Reinert said, considering that 193 costs seem to go up yearly, he sees no reason to hold the funds if they can be used this 194 year; the council concurred. Ms. Hankee will add the matter to Monday’s council agenda 195 because the contractors are ready to move. 196 7. Lease Extension for New Creations Child Care & Learning Center - 197 Administrator Karlson reviewed his written report. Based on interest of the center to 198 extend the lease and based on a previous council discussion that was amenable to the 199 concept, he has worked with an agent on revising the lease document appropriately. 200 201 The council concurred with extending the lease as proposed. 202 8. Technology Upgrades – Administrator Karlson said his report is based on a 203 recommendation of Council Member Stoesz. He has spoken with Metro INET on the 204 matter of modifying the city’s electronic address and found that they have worked with 205 some other cities on the same type of change. If the council directs, he will work on a 206 change. Council Member Stoesz suggested the address be “linolakes.us” because 207 “linolakes.gov” carries an annual fee. The mayor concurred with the “.us” option. 208 209 Council Member Maher remarked that there was an opinion expressed recently in the 210 newspaper from a resident who doesn’t wish to see City funds utilized to upgrade the 211 website if that’s not needed. She concurs; it’s difficult to justify spending taxpayer 212 money on this expense. 213 214 The mayor asked if the council could receive a sample of the improvements, perhaps 215 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 6 other websites where the improvements have been made. Administrator Karlson 216 concurred to send information. 217 218 Council Member Maher asked to see specifics on numbers of users of the City website 219 and information from cities that have changed. 220 9. Park Board Recommendation of 2018 Parks and Trails Capital Projects – 221 Public Services Director DeGardner and Park Board Chair Huelman and Park Board 222 Member Jensen reported. Director DeGardner recalled the funds available in this year’s 223 budget for parks and trails improvements. The park board has worked for several 224 months on developing recommendations for use of those funds. 225 226 Park Board Chair Heulman presented the board’s recommendation. They have identified 227 the types of funding needs and those that received the board’s focus. The larger projects 228 seemed like they would eat up the funds quickly with less impact. Mr. Heulman 229 reviewed the process used by the board to bring forward the recommendations (as 230 outlined in the written report). 231 232 The mayor expressed the desire to have the overall Parks and Trails Management Plan in 233 place as projects are funded. He wants to see the whole plan before funds are actually 234 spent. Director DeGardner suggested that the Park Board could deal with the 235 comprehensive plan and report back. The mayor said that the plan should provide a 236 snapshot of everything and provide the necessary vision and a path for implementation 237 such as provided by the City’s Pavement Management Plan. 238 239 Council Member Manthey remarked that this is an all new process so it takes some 240 working through. He understands having a plan because that can direct the full course of 241 an entire process but he also understands the recommendation that these are the biggest 242 bang for the buck items right now. 243 244 Park Board Chair Heulman remarked that this process isn’t quite the same as for paving 245 roads since in most cases the roads are in place; for these projects much is new so it may 246 be somewhat different in developing that plan. He continued to review the 247 recommendations brought forward by the Park Board. 248 249 Finance Director Cotton noted a budget work session discussion of last December and 250 figures that give some of the information that is being requested by the mayor. She 251 suggested that the funding recommendations brought forward now could be plugged into 252 that information to shed light on progress. Mayor Reinert said that wouldn’t be all the 253 data he is looking for. 254 255 Council Member Manthey remarked on all the elements that would be included in a plan. 256 He sees this as more complicated than just a road or a trail system. It may have to be 257 layered. A map with layers, a time frame and the amount of money. Mayor Reinert 258 suggested that staff work with WSB & Associates to put together a plan if necessary. 259 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 7 Council Member Maher said she wouldn’t be in favor of paying WSB if it could be done 260 in-house. 261 262 Council Member Maher asked Mr. DeGardner if he would be able to get the requested 263 plan together without outside assistance. Mr. DeGardner said he recognizes this as a 264 council priority and will provide the plan. 265 10. Blue Heron Days, Craft Beer Stand at Lino Park- Brian Hronski, Recreation 266 Supervisor, reported on plans for 2018 Blue Heron Days. The council has received a 267 request to consider a change in regulations to allow a craft beer/food stand in the park. 268 269 Council Member Manthey asked if this would require an increase in police presence. 270 Director DeGardner said he’d recommend a police presence with the sale of alcoholic 271 beverages. Director Swenson said it would be up to the City Council but this is a change 272 in the activities that have occurred in the park for the festival; he clarified that there 273 wouldn’t be a residual police presence after the parade. Director Swenson remarked that 274 the City can provide the structure to maintain the family nature of the event to a certain 275 extent but anytime alcohol is involved there can be issues. The council will leave the 276 matter of necessary security to the police; Chief Swenson will anticipate submission of a 277 security plan for his department’s review. 278 279 City Clerk Bartell clarified the process going forward, if a change is to be considered. 280 An ordinance amending the code to allow sale of intoxicating beverages in a city park 281 during the community festival would be introduced. If approved after a second reading, 282 that change would be in place. The council could then consider a resolution allowing a 283 specific event and attach to that resolution conditions appropriate to the event, in this case 284 part of that would be a security plan. 285 286 The ordinance will be introduced at the next council meeting. 287 288 Council Member Stoesz suggested that a church service at the park be added to the 289 festival schedule. He is working with a church organization on the possibility. A 290 council member suggested it be a separate event. Council Member Rafferty said he isn’t 291 necessarily comfortable with the concept. 292 11. Review City Attorney Candidates – Administrator Karlson noted his letter 293 outlining the four firms that were interviewed. Based on the current attorney’s letter of 294 engagement, notice would have to be given in order to change services. 295 296 Council members expressed their support for City attorney firms as follows: 297 298 Mayor Reinert – Rupp, Anderson, Squires and Waldspurger; 299 Council Member Manthey – Ratwik, Roszak & Maloney; 300 Council Member Maher – Ratwik, Roszak & Maloney; 301 Council Member Rafferty – Rupp, Anderson, Squires and Waldspurger; 302 Council Member Stoesz – Rupp, Anderson, Squires and Waldspurger. 303 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 8 304 Council Member Maher argued that the cost is higher to change. It is taxpayer money. 305 306 Council Member Stoesz suggested that a change in services occasionally is healthy. 307 308 Administrator Karlson will contact the Rupp firm. He recommends that the firm be asked 309 to provide services with no increase in fees for three years. There would be an 310 engagement letter forwarded to the council in the future. 311 12. Council Compensation – Administrator Karlson explained that the subject of 312 council compensation came up recently, specifically review of the payments for special 313 meetings. He has since taken a look at the regular salary for this City’s council members 314 and mayor in comparison with other councils. The City is quite a bit below the average. 315 He explained that, if council decided to change their compensation plan, that could not be 316 effective until after the next municipal election. In the area of special meeting 317 compensation, there is also an outstanding question about whether or not the Board of 318 Appeal and Canvassing Board should be paid separately from the special meetings. If 319 they are considered separate from the regular special council sessions, they could be 320 identified as such by ordinance and a rate of special payment established. There is already 321 a policy in place to provide for extra compensation for EDA meetings. Mayor Reinert 322 said it’s clear to him – it’s different when the council isn’t acting in their actual role of 323 council member 324 325 The history of when special meeting compensation was established by the council was 326 discussed. The last time that language was amended was 1997 and it established a four 327 meeting per month maximum compensation policy. 328 329 Finance Director Cotton noted that, for payroll purposes, how special compensation will 330 be handled must be very clear. For those meetings determined to be outside of regular 331 special council sessions but for which there will be compensation above the regular 332 maximum four special meetings per month, there should be approved language in 333 ordinance form authorizing payment and how much. 334 335 Administrator Karlson explained that in 1991, by ordinance, the council’s special 336 compensation was limited to two meetings per month; within that ordinance there was 337 also language clarifying that meetings that were held on the same night as a council 338 meeting would not be considered special. In 1997, the language was changed to allow up 339 to four special meetings but didn’t include any language on the matter of special meetings 340 on a regular council day. Going forward, the practice of not paying for special meetings 341 on regular council days continued. In 2014, at the request of a council member, he 342 reviewed the language and the policy going forward changed to payment for any special 343 meeting (maximum four per month) even on regular council days. 344 345 Council Member Stoesz suggested that the requirement to sign a voucher (paper) should 346 be updated to allow for verification of attendance by the minutes; also that a presence at 347 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 9 some portion of the meeting is attendance. 348 349 Council Member Rafferty asked if the council wants to consider if a four meetings per 350 month maximum is still correct and if the compensation amount needs review. 351 352 Council Member Manthey asked if there is any history on how the policy (of four 353 maximum per month) was established by a previous council. Staff knew of no 354 information. 355 356 Council Member Stoesz suggested that the policy of compensating more to the chair of 357 the EDA than to the members be changed, to pay every member the same. A majority of 358 council members concurred. 359 360 Administrator Karlson said staff will put together an ordinance with updated 361 language/figures on compensation for special meetings for council review. 362 363 Council Member Rafferty mentioned that he’d like for staff to investigate past 364 compensation to determine meetings that should have been paid under the 1997 policy 365 (special compensation for meeting on a regular council day) and any other discrepancies. 366 Council Member Manthey asked how far back he’d like to go, noting that the policy was 367 changed in 1997. Council Member Rafferty said he’d like to get as much information as 368 possible. Administrator Karlson said a formal direction from the council would be 369 needed for that. Staff also informed the council that there are no payroll records past a 370 certain retention period. Council Member Rafferty noted that he has saved his pay stubs. 371 Mayor Reinert suggested that if it’s right to go back and make payments then it’s right to 372 do what’s possible. 373 374 Mayor Reinert noted that Council Member Rafferty brought up the subject of the 375 compensation and an error back in 2014 and this probably should have been dealt with 376 then. 377 378 Finance Director Cotton explained that there would have to be a formal action of the 379 council directing staff to look back and to a specific time, and if compensation is the 380 result, it would be treated as retro pay. She added that her impression is that there 381 appeared to be a change in interpretation of the policy on special meetings in 2014. 382 383 Council Member Rafferty said he’d like this to be clarified and rectified if that is 384 appropriate. 385 386 Mayor Reinert suggested, whether it’s 2010 or 2012, Council Member Rafferty should 387 work with the Finance Director to determine what can legitimately be used as a starting 388 period. Administrator Karlson said minutes would be compared to payroll records as far 389 back as possible. There was discussion about what documentation would be needed in 390 order to clearly determine if payment was made for past special meetings. For council 391 members that have pay stubs and the minutes indicate their presence at a special meeting, 392 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 10 they should receive compensation for that. 393 394 A draft ordinance will be brought forward. Staff can do backpay research but an official 395 action should precede that work. 396 397 The mayor asked to move to the question of regular council salary. He has considered 398 something like an escalator that is tied to other city salaries but that is problematic; the 399 other option is to consider the salary every two years. Council Member Rafferty 400 suggested that the escalator could be tied to the lowest increase negotiated for employee 401 group(s). Administrator Karlson added that the council salary can only be dealt with by 402 ordinance and during the specified period after the municipal election. 403 404 Council Member Stoesz suggested looking at the survey list, taking off the lowest and 405 highest and reaching an average. Then the council could decide on a schedule to get to 406 the average. Administrator Karlson suggested, if the council moves in that direction, 407 spreading it out over a three year period. 408 409 13. Rice Lake Elementary Play Structure – Mayor Reinert reported that he has met 410 with the school district superintendent as well as the school principal and he’s bringing 411 forward recommendations based on that. The mayor said the school district has a policy 412 of not funding replacement of play structures (after original development, the replacement 413 responsibility falls to the school PTO). He felt concern about that policy because the 414 amount of money they have in budget each year makes it seems much more realistic for 415 the district to fund improvement as opposed to the city. Mayor Reinert said he suggested 416 a two-to-one contribution ratio, with the school district contributing the two. He also 417 discussed amounts for this particular project with them. They decided they could come 418 up with $40,000 and the mayor said he’d approach the council seeking a $20,000 match 419 from the city. The mayor said he’s also recommending a resolution establishing that 420 two-to-one contribution concept as the city’s policy; that would assist with discussions 421 about funding play structures in the future as there will certainly be funding needs. This 422 would be real help if the school district is willing to do the work on their funding part. 423 That being in place, if the school district were to commit $40,000 to this project next 424 year, the city could match with $20,000 and, over a two year period, the project would be 425 funded at $120,000. He also clarified that this would only be for schools within the City 426 of Lino Lakes (i.e. White Bear Lake district not eligible). 427 428 Council Member Rafferty asked if the question raised by parents about accessibility 429 should be a consideration at this time. Director DeGardner said there is a certain amount 430 of accessibility built into projects. Council Member Stoesz said he wants the resolution 431 to include language requiring accessibility consideration as well as availability 432 requirements (can’t be a gated off area), and that funding is limited to play structure and 433 not trail improvements. 434 435 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 11 The council concurred to consider a resolution at the next regular meeting establishing the 436 city’s policy on contributions for play structures. The council should have adequate time 437 to review the proposed resolution before the council meeting. 438 439 14. Public Works Facility Follow-up - Director DeGardner referenced the written 440 report included in the packet that responds to information requested by the council on this 441 subject. Mayor Reinert verified that the current council members have had the 442 opportunity to tour the City’s public works facilities. 443 444 The council postponed further review but will review again. 445 15. Council Updates on Boards/Commissions – There were no updates. 446 16. Schedule Date for All City Board Meeting – Administrator Karlson noted that 447 the council has requested establishment of this meeting. He is looking for dates in May 448 or June. 449 450 The council concurred on 6:00 p.m. Monday, June 18. The mayor recommended 451 providing pizza for the meeting. 452 17. Monthly Progress Report – Administrator Karlson reviewed the written report, 453 highlighting updates on labor negotiations, personnel (the police department will add 454 their hiring recommendations to the next council agenda if ready). 455 18. Review Regular Agenda of May, 14, 2018 – There were no changes to the 456 council agenda; the following items were briefly reviewed: 457 458 - NorthPointe – final addition of single family lots; final agreements for council 459 consideration; nothing different from the original proposal submitted; 460 - Love to Grow On (6499 Lakota Trail) – a conditional use permit for a day care facility 461 accommodating up to 188 children; a site plan was reviewed; staff has worked through 462 issues on the site, including storm water needs and traffic; variances are requested on set 463 back; 464 - Century Farm North – long term project and staff is recommending approval of the last 465 outlot in the development; view of site plan including four single family lots; 466 - Accepting 2018 Anoka County Recycling Grants. 467 19. Adjourn 468 The meeting was adjourned at 11:35 p.m. 469 470 These minutes were considered, corrected and approved at the regular Council meeting held on 471 May 29 , 2018. 472 CITY COUNCIL WORK SESSION May 7, 2018 DRAFT 12 473 474 475 _____________________ _______________________ 476 477 Julianne Bartell, City Clerk Jeff Reinert, Mayor 478 479 COUNCIL MINUTES May 14, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : May 14, 2018 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 8:45 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Maher, 8 Manthey, Stoesz and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: Finance Director Sarah Cotton; Community Development Director Michael 12 Grochala; Environmental Coordinator Marty Asleson; City Engineer Diane Hankee; City Planner 13 Katie Larsen; Director of Public Safety John Swenson; Human Resources Manager Karissa 14 Bartholomew; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. 23 24 SPECIAL REPORT 25 Forest Lake Superintendent Steve Massey presented on the Forest Lake School District 831’s 26 construction projects and levy referendum. He introduced Lino Lakes Elementary Principal Ron 27 Burris. Their PowerPoint presentation included the following topics: 28 - Update on construction activities (Lino Lakes Elementary); 29 - Residents approved $143 million referendum to improve facilities; 30 - Students participating in design process; 31 - Before/after overhead photos of school; 32 - Shots of interior demolition; 33 - Air Conditioning improvements; 34 - All grades have been toured with construction site manager; 35 - Features of common area; 36 - How outdoor space will be utilized; 37 Council Member Stoesz asked about pedestrian movement. Superintendent Massey said 38 conversations are on going about how pedestrians will best be traveling across the street; it will be an 39 important decision. He added that the City’s planning staff has been instrumental in the early stages 40 of the project in assisting with design elements. 41 COUNCIL MINUTES May 14, 2018 DRAFT 2 42 Superintendent Massey added that their STEM program is intentional and, in regard to the project, 43 some of the engineering systems will be open so that the students can see the workings. 44 45 Council Member Rafferty thanked the representatives for the presentation; the pride and ownership in 46 the project is evident and great to see. 47 48 CONSENT AGENDA 49 50 Council Member Stoesz moved to approve the Consent Agenda, Items 1A through 1I, except Item 1E, 51 as presented. Council Member Maher seconded the motion. Motion carried on a voice vote. 52 53 Council Member Stoesz moved to approve Consent Agenda Item 1E as presented. Council Member 54 Rafferty seconded the motion. Motion carried on a voice vote. Council Member Manthey abstained 55 from voting. 56 57 ITEM ACTION 58 59 Consideration of Expenditures: 60 61 May 14, 2018 (Check No. 108051 – 62 108117, $231,584.29) Approved 63 64 April 23, 2018 Work Session Minutes Approved 65 April 23, 2018 Council Minutes Approved 66 April 23, 2018 Board of Review Minutes Approved 67 April 9, 2018 Minutes (Attorney Interview) Approved 68 April 16, 2018 Minutes (Attorney Interviews) Approved 69 Consider approval of Resolution No. 18-54, Premise 70 Permit for Forest Lake Area Athletic Association to 71 conduct lawful gambling at Liquor Barrel Liquor Store Approved 72 Consider approval of Resolution No. 18-59, Approving 73 a Peddler License for Edward Jones Financial – 74 Daniel Chrzanowski Approved 75 Consider Approval of Resolution No. 18-62, Application 76 for Temporary On-Sale Liquor License and Exempt 77 Gambling Permit for and for Lino Lakes Lions Club Approved 78 79 FINANCE DEPARTMENT REPORT 80 81 There was no report from the Finance Department. 82 83 COUNCIL MINUTES May 14, 2018 DRAFT 3 ADMINISTRATION DEPARTMENT REPORT 84 3A) Consider Resolution 18-58, Supporting Financial Contributions to School Districts for 85 Playground Structures – Mayor Reinert explained that he has worked with School District 86 Superintendnet Dietz (SD 12) regarding the replacement of play structure at Rice Lake Elementary. 87 Funding was sought from the City but the mayor said he needed to learn more because the City’s 88 budget is much smaller than the school district. After gaining knowledge about the district’s inability 89 to fund the structures, he was able to come up with a solution whereby the school district contributes 90 an amount and the City would match that by 50%. He also feels that this solution for 2018 could 91 represent a good policy for future consideration of these funding decisions. The resolution represents 92 the funding commitment now and a policy for the future. He added that the council was able to 93 allocate funding in this year’s budget for park improvements (for the first time in a while due to 94 economic realities). 95 96 Council Member Rafferty asked if the policy would apply to the Forest Lake District and Mayor 97 Reinert explained that the resolution is written to allow for funding to any school district in Lino 98 Lakes but only for a facility that is located in the City. 99 Council Member Rafferty asked if there is a limit to what would be considered and Mayor Reinert 100 said the limit is $20,000 per year. 101 Council Member Manthey suggested that he feels somewhat rushed on the question. He feels the 102 council should have the opportunity for more discussion. 103 Council Member Manthey moved to postpone the Resolution. 104 Mayor Reinert suggested that there was adequate time to discuss the matter. 105 Council Member Rafferty seconded the motion. He feels there was discussion but if a member of 106 body wants more time, he can support a delay. 107 Council Member Manthey further explained his outstanding questions. He would have preferred for 108 all council members to be a part of the conversation with the school superintendent. 109 Council Member Rafferty said he’s not opposed to having more discussion but he is appreciative of 110 the mayor taking the initiative to meet and work out a policy. He is comfortable with the policy as 111 presented but he is open to more discussion if a council member feels that is needed. 112 Mayor Reinert added that he is prepared to move forward. 113 Council Member Manthey said he’d prefer to have more time. 114 Council Member Maher said she completely understands Council Member Manthey’s request and 115 will support the motion for more discussion even though she personally doesn’t need additional 116 discussion to support the resolution. 117 Council Member Manthey asked the mayor if the matter is time sensitive. Mayor Reinert said that 118 there are people who’d like to see it go forward. 119 Motion to postpone failed on a voice vote. 120 Council Member Stoesz moved to approve Resolution No. 18-58 as presented. Council Member 121 Maher seconded the motion. 122 COUNCIL MINUTES May 14, 2018 DRAFT 4 Council Member Manthey argued that his request for additional discussion conflicts with other items 123 held back. 124 Council Member Rafferty asked Superintendent Massey (SD 831) to weigh in on the school district 125 process. Mr. Massey stated that something like a funding decision that isn’t included in the budget 126 could take some process. He added that any time the schools can partner with the City, it’s a winner. 127 Motion carried on a voice vote; Council Member Maher abstained; Council Member Manthey voted 128 no. 129 3B) Consider Resolution 18-60, Authorizing Execution of Engagement Letter for Legal 130 Services – Finance Director Cotton reviewed the written report outlining the process of requesting 131 proposals and interviewing proposers for the city’s civil legal service provider. 132 Council Member Stoesz asked how services will be overlapped and Ms. Cotton suggested the legal 133 matters at hand would probably be handled individually, and stay with the current provider if that is 134 necessary. Staff will be communicating with the currrent attorney based on the action of the counicl. 135 Council Member Manthey said he will be voting no on the matter. The proposals came back with 136 with dollar amounts attached and the current provider is lower than the proposed firm. He hasn’t 137 been convinced that the City needs to spend more on these services. Mayor Reinert said he’s 138 experienced the services of both firms and his experience is that the proposed firm provides better 139 services. The mayor noted that the membership of the firm proposed is actually made up of the best 140 attorneys who left the current firm so he sees that the quality is there and his experience supports that. 141 Council Member Maher noted that the City is legally bound to take low bids. She feels the current 142 firm has served the City well and she can’t support the extra taxpayer funds involved in the change. 143 She doesn’t agree with changing at this time and particularly not with the firm proposed. 144 Council Member Manthey suggested that it is necessary to show in an accountable way that a low 145 bidder should not be selected. He has difficulty seeing that proven in this instance. 146 Council Member Rafferty recalled a good interaction very early on in his position on the council with 147 Attorney Jay Squires. He noted the educational component that the Rupp firm is offering, a 148 opportunity that was not available with the current firm. He feels change is a good thing sometimes. 149 Mayor Reinert concurred. He suggests that a workshop with the council be scheduled as soon as 150 possible. 151 Council Member Stoesz remarked that he spoke with Mr. Squires and feels comfortable that another 152 valuable component he is offering is innovation that could result in savings. 153 Council Member Manthey suggested that the teaching sessions wouldn’t make up for the increase in 154 daily costs. 155 Council Member Rafferty moved to approve Resolution No. 18-60 as presented. Council Member 156 Stoesz seconded the motion. Motion carried on a voice vote; Council Members Maher and Manthey 157 voted no. 158 3C) Consider Approving Appointment of Police Sergeant – Human Resources Manager 159 Bartholomew reviewed the request of staff to appointment Curt Boehme to the position of Sargeant. 160 This position is open due to the promotion of William Owens to the position of Captain. Ms. 161 Bartholomew reviewed Mr. Boehme’s experience and qualifications for the position. 162 COUNCIL MINUTES May 14, 2018 DRAFT 5 Council Member Rafferty moved to approve the appointment of Curt Boehme as Police Sergeant as 163 recommended. Council Member Maher seconded the motion. Motion carried on a voice vote. 164 165 3D) Consider 1st Reading of Ordinance No. 04-18, Amending Chapter 301 of the City Code 166 relating to Public Parks and Grounds, providing an exception to alcohol restriction for 167 community festival – City Clerk Bartell explained that the city’s annual festival, Blue Heron Days, 168 will be held on August 17 and 18, this year. Many of the festival activities take place at Lino Park. A 169 local restaurant is interested in offering food and craft beer at the park during the festival. In order for 170 the council to consider an application for this type of activity, a change to city regulations would be 171 required. Mr. Bartell noted that Ordinance No. 04-18 would add language to allow intoxicating 172 beverages at a City park but only during the community festival and only when the council approves a 173 specific event by resolution. The resolution process would allow the city to impose conditions as 174 appropriate. 175 176 Mayor Reinert asked if perhaps the council would prefer to limit the opportunity to just beer 177 considering the family nature of the community festival. City Clerk Bartell suggested that there could 178 be complications with state statute as far as the definition of intoxicating liquors but she will 179 investigate the possibility. 180 181 Council Member Manthey confirmed that the city council will have the opportunity to consider 182 individual event requests and attached conditions, etc. 183 184 Council Member Stoesz noted that he had spoken to staff before the meeting on the matter of 185 removing the word “picnic” from the ordinance language. He feels that would be a good change. 186 187 Council Member Stoesz moved to approve the 1st Reading of Ordinance No. 04-18 as amended to 188 remove the work “picnic”. Council Member Maher seconded the motion. 189 190 Council Member Rafferty confirmed that the language in the code that allows for consumption fo 3.2 191 beverages wouldn’t work for the community festival. City Clerk Bartell explained that, yes, 3.2 192 consumption is currently allowed under code but only is designated picnic area and she added that the 193 current proposal involves craft beer and that would most like never be 3.2 percent alcohol. 194 195 It was also confirmed that any event coming forward would have to be approved by resolution of the 196 council, based on the council concurring with the details of that specific event. 197 198 Motion carried on a voice vote. 199 200 PUBLIC SAFETY DEPARTMENT REPORT 201 There was no report from the Public Safety Department. 202 203 PUBLIC SERVICES DEPARTMENT REPORT 204 There was no report from the Public Services Department. 205 206 COUNCIL MINUTES May 14, 2018 DRAFT 6 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 207 208 6A) NorthPointe 7th Addition: i. Consider Resolution No. 18-49 Approving Final Plat; ii. 209 Consider Resolution No. 18-50 Approving Development Agreement; iii. Consider Resolution No. 210 18-51 Approving Public Improvement Surety Agreement – City Planner Larsen reviewed the writtem 211 staff report, presenting by PowerPoint the following information: 212 - Land Use Application includes 28 lots and 1 outlot; 213 - Site location and plat maps; 214 - The project is consistent and compliant with city regulations; 215 - This is the final of seven phases; 216 - Street and sidewalk implications; 217 - Drainage and utility easement; 218 - Public land dedication; 219 - Planning and Zoning Board and staff recommendation for approval. 220 Council Member Stoesz asked if the lateral water construction is best done now or later. City Engineer 221 Hankee said it is beneficial to do the work now. 222 223 Council Member Rafferty remarked, to developer Mr. Olson, that he is thankful that the park is going in 224 with the development. 225 Council Member Stoesz clarified that the staff report is incorrect in the amount of dedication. Staff 226 confirmed that it would be corrected. 227 Council Member Stoesz moved to approve Resolution No. 18-49, No. 18-50 and No. 18-51 as presented. 228 Council Member Manthey seconded the motion. Motion carried on a voice vote. 229 6B) Public Hearing: Consider Ordinance No. 03-18, Vacating Drainage and Utility Easement 230 Outlot B of NorthPointe 5th Addition – City Engineer Hankee reviewed the written report and schedule 231 going forward. 232 Mayor Reinert opened the public hearing. 233 There being no one present wishing to speak, the public hearing was closed. 234 Council Member Maher moved to approve the 1st Reading of Ordinance No. 03-18 as presented. 235 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 236 6C) Love to Grow On (6499 Lakota Trail) – i. Consider Resolution No. 18-46 Approving 237 Conditional Use Permit for a Commercial Day Care Facility; ii. Consider Resolution No. 18-47 238 Approving Variances; iii. Consider Resolution No. 18-48 Approving Parking Deferment 239 Agreement – City Planner Larsen reviewed the project details: 240 - Background on project (requesting variance, conditional use permit and parking deferment); 241 - Original and Revised Site Plan; 242 - Storm Water Management Plan; 243 COUNCIL MINUTES May 14, 2018 DRAFT 7 - Parking requirements and proposed deferment agreement; 244 - Traffic information; 245 - Exterior elevations and color pallete; 246 - Findings of Facts (including in resolution); 247 - Variances proposed (setback on from roadway & parking lot setback); 248 - Planning & Zoning Board recommendation to approve. 249 Mayor Reinert remarked that the parking deferment seems appropriate in this situation and can be pulled 250 back if that is ever needed. 251 Council Member Stoesz asked about staff’s work on parking calculations and Ms. Larsen explained that 252 there are staff conversations underway and the council will be updated when that is appropriate. 253 Council Member Rafferty moved to approve Resolution No. 18-46, No. 18-47 and No. 18-48 as 254 presented. Council Member Stoesz seconded the motion. Motion carried on a voice vote. 255 6D) Century Farm North – i. Consider Resolution No. 17-97 Approving 4th Amendment to 256 PUD Development Stage Plan/Preliminary Plat; ii. Consider Resolution No. 17-98 Approving 257 PUD Final Plan/Final Plat for Century Farm North 7th Addition; iii. Consider Resolution No. 17-258 99 Approving Development Agreement – City Planner Larsen reviewed the project using a PowerPoint 259 presentation including information on: 260 - Background, project historically; this would be the final plat; 261 - Aerial Map including plat; 262 - Original PUD; 263 - Analysis of how this plat fits into original plans (density same); 264 - Zoning requirements; 265 - Preliminary and final plat; 266 - Public land dedication and sidewalks; 267 - Planning and Zoning Board and staff recommendation. 268 City Planner asked that the council delete the sidewalk component. On a map, she showed an area of 269 sidewalk proposed and noted that the HOA has indicated that they do not want to take on any more 270 sidewalk. Technically the sidewalk would be on HOA land. 271 Developer Gary Uhde explained that he’s worked with the HOA on the matter and he can report that it’s 272 their opinion that they do not want the sidewalk put in. The sidewalk would be on their land and so it 273 cannot be done without their permission. 274 Mayor Reinert suggested that the matter be left to the HOA’s perogative; he’d like the decision, either 275 way, to be their own. 276 Council Member Rafferty asked if there is a way to refocus the funds from the unwanted sidewalk to 277 something like the trail project that the neighborhood wants. 278 COUNCIL MINUTES May 14, 2018 DRAFT 8 Community Development Director Grochala explained how the funds could possibly be redirected. The 279 amount involved was estimated at $5,000 per side. 280 Council Member Manthey suggested that the funds involved should probably be dedicated through the 281 City to ensure the final use. 282 Council Member Rafferty moved to approve Resolution No. 17-97, No. 17-98 and No. 17-99, with the 283 understanding that funds for the sidewalks being eliminated be placed in escrow for use in development 284 of pedestrian and bicycle facilities within the development. Council Member Maher seconded the 285 motion. Motion carried on a voice vote. 286 6E) Consider Resolution No. 18-52, Rejecting Bids for 2018 LaMotte Area Street and Utility 287 Project – City Engineer Hankee explained that bids received on this project were well above the 288 estimated cost. She explained what the bidders have identified as areas that would increase their costs 289 as well as timing impacts. In regard to those areas, staff will work to mitigate the factors related to the 290 increase and is proposing to rebid after that time. 291 Mayor Reinert said it’s a shame because the road work is really needed, but he understands the situation 292 and asks that the residents be kept informed. 293 Council Member Manthey moved to approve Resolution No. 18-52 as presented. Council Member 294 Stoesz seconded the motion. Motion carried on a voice vote. 295 6F) Consider Resolution No. 18-55 , Accepting 2018 Anoka County Recycling Grants – 296 Environmental Coordinator Asleson explained that the receipt of grant funds from Anoka County is an 297 annual event, albeit coming forward later this year. He reported on the City’s proposed budget for use 298 of the grant funds, if they are accepted by the council. 299 Council Member Rafferty asked how the City has fared in the past; Mr. Asleson said the City receives 300 additional funds as recycling increases and those efforts have proven effective in bringing in more grant 301 funds. 302 Council Member Stoesz asked for the original source of the grant funds and was informed that the origin 303 is state and federal funds. 304 Council Member Manthey moved to approve Resolution No. 18-55 as presented. Council Member 305 Maher seconded the motion. Motion carried on a voice vote. 306 6G) Consider Resolution No. 18-56, Approving Request for Extension of Time to Complete 307 Comprehensive Plan Decennial Update – Community Development Director Grochala noted that the 308 City is in the process of updating the Comp Plan and there is a timeframe attached to that. He explained 309 the outstanding matters that will require additional time and will prevent the city from reaching the 310 deadline. He reviewed the timeline proposed that would bring the Plan to completion by the end of 311 2019. The resolution will make the appropriate request to the Metropolitan Council. 312 Council Member Maher moved to approve Resolution No. 18-56 as presented. Council Member 313 Rafferty seconded the motion. Motion carried on a voice vote. 314 6H) Consider Resolution No. 18-57, Approving Change Order No. 1, 2018 Mill and Overlay 315 Project – City Engineer Hankee reviewed the change order proposed to this year’s Mill and Overlay 316 project. She reported that a favorable bid on the project allows staff to come forward at this time to 317 COUNCIL MINUTES May 14, 2018 DRAFT 9 recommend the addition of more roadway to this year’s program. She reviewed the area that would be 318 added. She explained how residents will be notified of the work coming on their roadway. 319 Council Member Maher moved to approve Resolution No. 18-57 as presented. Council Member 320 Rafferty seconded the motion. Motion carried on a voice vote. 321 6I) Consider Resolution No. 18-63, Approving the 2018 Environmental Board Goals – 322 Environmental Coordinator Asleson explained that the resolution provides for the council to accept the 323 goals of the Environmental Board. The goals give focus to the work of the Board and staff serving it. 324 He clarified that the requested action is to accept the goals. 325 Council Member Manthey moved to approve Resolution No. 18-63 as presented. Council Member 326 Maher seconded the motion. Motion carried on a voice vote. 327 328 UNFINISHED BUSINESS 329 330 There was no Unfinished Business. 331 332 NEW BUSINESS 333 334 There was no New Business. 335 336 COMMUNITY CALENDAR (DATES): 337 338 339 ADJOURN 340 341 There being no further business, Council Member Maher moved to adjourn at 8:45 p.m. Council 342 Member Stoesz seconded the motion. Motion carried on a voice vote. 343 344 These minutes were considered and approved at the regular Council Meeting, May 29, 2018. 345 346 347 348 349 Julianne Bartell, City Clerk Jeff Reinert, Mayor 350 351 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: May 29, 2018 TOPIC: Consider Resolution 18-64, Approving a Peddler License for Big Bell Ice Cream Inc. VOTE REQUIRED: 3/5 BACKGROUND Big Bell Ice Cream, Inc., 117 22nd Avenue NE, Minneapolis has submitted a peddler’s license application to the city clerk's office. The company representative who would be working in Lino Lakes is Mr. Jon Samuelson. He plans to travel through the Lino Lakes’ neighborhoods selling pre-packaged ice cream novelties. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed a background check and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 18-64, Approving the issuance of a Peddler License for a six month period commencing May 30, 2018. CITY OF LINO LAKES RESOLUTION NO. 18-64 RESOLUTION APPROVING PEDDLERS LICENSE WHEREAS, Big Bell Ice Cream, Inc., has submitted a peddlers license application to the city clerk's office; and WHEREAS, Big Bell Ice Cream, Inc. has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, the Lino Lakes Public Safety Department has conducted a background check on the company representative that would be working in Lino Lakes, Mr. Jon Randall Samuelson; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Mr. Jon Samuelson, an employee of Big Bell Ice Cream, Inc., is hereby authorized to vend for a period of six-months beginning May 30, 2018 and ending November 30, 2018. Adopted by the Council of the City of Lino Lakes this 29th day of May, 2018. The motion for the adoption of the foregoing resolution 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 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: May 29, 2018 TOPIC: Resolution No. 18-65, Approving a Permit for Consumer Firework Sales for Super Target VOTE REQUIRED: 3/5 INTRODUCTION Chapter 1002 of the City Code sets forth the city’s regulations in regard to the sale of consumer fireworks. The City’s regulations mirror those provided by state statute with the addition of certain terms and conditions for issuance of a local permit. BACKGROUND The City has received an application from Target Corporation requesting a permit to sell fireworks at their Super Target facility located at 749 Apollo Drive. With the permit application the City has received verification of the required liability insurance. In turn the applicant has been provided with a copy of the City’s regulations concerning the sale, possession and use of consumer fireworks (Section 1002 of the Lino Lakes Code of Ordinances) as well as a copy of the State’s regulations including information on what can be sold. The application and plans have been reviewed and approved by the Public Safety Department. RECOMMENDATION Staff recommends that the city council approve Resolution No. 18-65, Authorizing issuance of an annual permit for the sale of consumer fireworks to Target Corporation for the Super Target store at 749 Apollo Drive. CITY OF LINO LAKES RESOLUTION NO. 18-65 Approving Issuance of an Annual Permit Allowing the Sale of Consumer Fireworks at Super Target, 749 Apollo Drive WHEREAS, the City has received an application from Target Corporation requesting permission to sell consumer fireworks at the Super Target store at 749 Apollo Drive in the City of Lino Lakes; and WHEREAS, the Public Service Department has reviewed the application and finds the request to be in compliance with applicable fire codes and fire prevention regulations; and WHEREAS, Target has paid the required license fees and is in compliance with city ordinance; Now, Therefore, Be It Resolved by the City Council of the City of Lino Lakes: That the City Council hereby approves an annual permit for sale of consumer fireworks for the Super Target Store at 749 Apollo Drive, effective upon the date of passage of this resolution. Adopted by the Council of the City of Lino Lakes this 29th of May, 2018. The motion for the adoption of the foregoing resolution 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 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: May 29, 2018 TOPIC Consider Resolution No. 18-66, Authorizing issuance of a Special Event Permit for Target Store T-1448’s Remodel Celebration Completion VOTE REQUIRED: 3/5 INTRODUCTION City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these regulations is to protect the health, safety and welfare of citizens by regulating time, place and manner of conduct by establishing permit requirements. The City charges a fee of $50 for special event permits. BACKGROUND The City has received an application from Target Store T-1448 located at 749 Apollo Drive to hold a special event on their property on Friday, June 8 from 12:00 p.m. – 7:00 p.m. The special event permit will allow food truck vendors on their property, serving their customers. The Public Safety Fire Division Department has reviewed the application and have signed off on the permit. Staff has reviewed the application including their plans for food truck location. Since food service is involved, a condition is being attached to the permit requiring food vendors to receive permission from the Anoka County Environmental Services and to provide their state licensing information. RECOMMENDATION Target’s application for a special event permit meets the requirements of the city code and has not been found to present any safety concerns. Therefore, staff recommends that the council approve Resolution No. 18-66, Authorizing issuance of a Special Event Permit. ATTACHMENTS Resolution No. 18-66 CITY OF LINO LAKES RESOLUTION NO. 18-66 APPROVING A SPECIAL EVENT PERMIT FOR TARGET STORE T-1448 WHEREAS, Target Store T-1448 has submitted an application for a special event permit; and WHEREAS, Target Store T-1448 wishes to allow food truck vendors at their business; and WHEREAS, a food truck vendor would be present Friday, June 8, from 12:00 p.m. to 7:00 p.m. for a Remodel Celebration Completion; and WHEREAS, Target Store T-1448 has submitted a plot plan of where the food truck will be located on their property; and WHEREAS, food truck vendors are required to contact the Anoka County Environmental Services at 763-422-7069 for permission to operate in the City. WHEREAS, food truck vendors are required to provide their state licensing information to Target and/or Anoka County Environmental Services. WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the structure; WHEREAS, the Public Safety Department requires food vendors do no block the fire lane. WHEREAS, city staff has reviewed the special event plans and have determined that they meet the requirements of the City’s ordinances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby authorizes the issuance of a Special Event Permit to Target Store T-1448 Friday, June 8, from 12:00 p.m. to 7:00 p.m. for a Remodel Celebration Completion Adopted by the Council of the City of Lino Lakes this 29th day of May, 2018. The motion for the adoption of the foregoing resolution 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 1G STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: May 29, 2018 TOPIC: Resolution No. 18-67, Approving a Peddler License for The Window Store VOTE REQUIRED: 3/5 BACKGROUND The Window Store, 2924 Anthony Lane, Minneapolis, Minnesota has submitted a peddler’s license application to the city clerk's office. The company representatives who will be working in Lino Lakes are Nicholas Fox and David Hoefs. They plan to travel through the Lino Lakes’ neighborhoods setting up appointments for free estimates. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed background checks and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 18-67, Approving the issuance of a peddler license for The Window Store for a six month period commencing May 30, 2018. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 18-67 APPROVING A PEDDLER LICENSE FOR THE WINDOW STORE WHEREAS, The Window Store, has submitted a peddlers license application to the city clerk's office; and WHEREAS, The Window Store has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, the background check on the company representatives who will be working in Lino Lakes is contingent upon Public Safety Department background check; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Nicholas Fox and David Hoefs of The Window Store, are hereby authorized to vend for a period of six-months beginning May 30, 2018 and ending November 30, 2018. Adopted by the Council of the City of Lino Lakes this 29th day of May, 2018. The motion for the adoption of the foregoing resolution 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 2A STAFF ORIGINATOR: Sarah Cotton, Finance Director MEETING DATE: May 29, 2018 TOPIC: Public Hearing for and Consideration of Resolution No. 18-68, Consenting To and Approving the Issuance by the City of Columbia Heights of a Revenue Obligation for the Benefit of Love To Grow On VOTE REQUIRED: 3/5 BACKGROUND Love To Grow On, a Minnesota nonprofit corporation, who operates early childhood education centers in the City of Lexington and the City of Circle Pines, has proposed to consolidate both centers into a new facility located in the City of Lino Lakes. Love To Grown On would like to finance the new facility with tax-exempt conduit bonds. State Statute authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations. Love to Grow On has requested that the City of Columbia Heights issue a revenue note. In order for the City of Columbia Heights to issue the Note, the City of Lino Lakes must grant “host approval” to the issuance of the Note, following a duly noticed public hearing. The City Council adopted Resolution No. 18-45, calling a public hearing on providing host approval on April 23, 2018. Julie Eddington, Kennedy & Graven will be present at the May 29, 2018 meeting to answer any questions the Council may have. RECOMMENDATION Following the public hearing, which grants host approval to the issuance of the Note by the City of Columbia Heights to finance the Love to Grow On facility, staff recommends approval of Resolution No. 18-68. ATTACHMENTS Resolution No. 18-68 Memo from Gina Fiorini, Kennedy & Graven 524239v1 GAF CL162-55 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 18-68 RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE CITY OF COLUMBIA HEIGHTS OF A REVENUE OBLIGATION FOR THE BENEFIT OF LOVE TO GROW ON AND APPROVING OTHER ACTIONS WITH RESPECT THERETO WHEREAS, the City of Lino Lakes, Minnesota (the “City”) is a home rule charter city and political subdivision duly organized and existing under its Charter and the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue obligations to provide funds to finance revenue-producing enterprises, whether or not operated for profit; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations; and WHEREAS, Love To Grow On, a Minnesota nonprofit corporation (the “Borrower”), has proposed that the City of Columbia Heights, Minnesota (the “City of Columbia Heights”) issue its revenue obligation (the “Note”), in one or more series, as a taxable or tax-exempt obligation, in an aggregate principal amount not to exceed $3,800,000, under the provisions of the Act and Minnesota Statutes, Section 471.656, as amended, and loan the proceeds thereof to the Borrower to (i) finance the acquisition, construction, and equipping of an approximately 13,000 square foot early childhood educational facility located at 6499 Lakota Trail in the City (the “Project”); (ii) finance capitalized interest on the Note during construction of the Project, if necessary; (iii) fund required reserves for the Note, if any; and (iv) pay the costs of issuing the Note; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations promulgated thereunder require that prior to the issuance of the Note, the City Council of the City (the “City Council”) consent to the issuance of the Note by the City of Columbia Heights after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation within the City at least fourteen (14) days prior to the public hearing date; and WHEREAS, a notice of public hearing (the “Public Notice”) was published at least fourteen (14) days before the regularly scheduled meeting of the City Council on the date hereof in the Quad Community Press, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code; and WHEREAS, on the date hereof, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) consent to the issuance of the Note by the City of Columbia Heights 524239v1 GAF CL162-55 2 pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii) approval of the issuance of the Note by the City of Columbia Heights to finance the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The City Council finds that it is in the best interest of the City to approve the issuance of the Note by the City of Columbia Heights to finance the Project and hereby consents to the issuance of the Note by the City of Columbia Heights for the purposes set forth herein in an amount not to exceed $3,800,000. 2. The Mayor and the City Administrator are hereby authorized and directed to execute and deliver any documents or certificates deemed necessary to fulfill the intentions of this resolution. 3. The Mayor and City Administrator and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the original purchaser of the Note certified copies of all proceedings and records of the City relating to the approval of the issuance of the Note, including a certification of this resolution. 4. The Borrower will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution. 5. This resolution shall be in full force and effect from and after its passage. Approved by the City Council of the City of Lino Lakes, Minnesota this 29th day of May, 2018. Mayor ATTEST: City Clerk 524498v1 GAF CL162-55 GINA A. FIORINI Attorney at Law Direct Dial (612) 337-9210 Email: gfiorini@kennedy-graven.com May 23, 2018 Sarah Cotton, Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Resolution providing host approval for a project to be financed with the proceeds a revenue obligation to be issued by the City of Columbia Heights Dear Sarah, As you know, Love To Grow On, a Minnesota nonprofit corporation (the “Borrower”), operates early childhood education centers in the City of Lexington and the City of Circle Pines and has proposed to consolidate both centers into a new facility consisting of approximately 13,000 square feet (the “Project”) located at 6499 Lakota Trail in the City of Lino Lakes (the “City”). The Borrower has requested that the City of Columbia Heights issue a revenue obligation, in one or more series, as a taxable or tax-exempt obligation (the “Note”), in the maximum principal amount of $3,8000,000 in order to (i) finance the acquisition, construction, and equipping of the Project; (ii) finance capitalized interest during construction of the Project, if necessary; (iii) fund required reserves, if any; and (iv) pay costs of issuance of the Note. In order for the City of Columbia Heights to issue the Note, the City must grant “host approval” to the issuance of the Note, following a duly noticed public hearing, under Minnesota Statutes, Section 471.656, and the Internal Revenue Code of 1986, as amended (the “Code”). The City Council adopted a resolution calling a public hearing on providing host approval on April 23, 2018. Enclosed is a resolution for consideration by the City Council on Tuesday, May 29, 2018 following the public hearing, which grants host approval to the issuance of the Note by the City of Columbia Heights to finance the Project, which is located in the City. If the City Council authorizes the City of Columbia Heights to issue the Note, the Note will be issued as a conduit revenue obligation of the City of Columbia Heights secured solely by the revenues derived from the loan or other revenue agreements executed by the Borrower and from other security provided by the Borrower. The Note will not constitute a general or moral obligation of the City or the City of Columbia Heights, will not be secured by or payable from any property or assets of the City or the City of Columbia Heights, and will not be secured by any taxing power of the City or the City of Columbia Heights. The Note will not be subject to any debt limitation imposed on the City or the City of Columbia Heights and the issuance of the Note will not have any adverse impact on the credit rating of the City or the City of Columbia Heights, even in the event that the Borrower encounters financial difficulties with respect to the Project. The issuance of the Note by the City of Columbia Heights to finance the Project will not affect the City’s ability to issue general obligation or conduit revenue bonds in calendar year 2018. Furthermore, as 524498v1 GAF CL162-55 mentioned above, the issuance of the Note by the City of Columbia Heights will not affect the ability of the City to issue and designate bonds as qualified tax-exempt obligations (or “bank-qualified bonds”) for purposes of Section 265(b)(3) of the Code. The Borrower will pay the City’s application fee for providing host approval and all costs of the financing, including all attorneys’ fees, with respect to this transaction. My colleague Julie Eddington will attend the City Council meeting on May 29, 2018, and can answer any questions that may arise during the meeting. Please contact me if you have questions regarding the foregoing. Sincerely, Gina A. Fiorini CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: May 29, 2018 TOPIC: Appointment of Accounting Clerk / Utility Billing VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Yelena Brook for the vacant Accounting Clerk / Utility Billing position in the Finance Department. BACKGROUND Lynn Francis retired from the Accounting Clerk/ Utility Billing/ PC Technician position in March. With the retirement of Francis, staff evaluated the position, and removed the IT duties. Those duties are now being absorbed by the City’s IT contracted service with Metro-Inet. With the PC Technician duties removed, this third role was dropped from the position title, the job description was amended, and the salary range for the position was reduced. At this time, staff has completed the recruitment process for the adjusted position of Accounting Clerk/ Utility Billing, provided a conditional offer, and is recommending the approval of Ms. Yelena Brook for the position. Ms. Brook holds a dual Bachelor’s degree in Accounting and Business Administration, has over one year of experience in accounting, and over fourteen years in customer service. The hourly rate of pay would be $20.96, which is step two of the union wage schedule. The union wage schedule has six steps. With the Council’s approval, Ms. Brook would start in the position of Accounting Clerk/ Utility Billing on Monday, June 18, 2018. RECOMMENDATION Approve the appointment of Yelena Brook for the Accounting Clerk / Utility Billing position. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: May 29, 2018 TOPIC: Consider 2nd Reading and Passage of Ordinance No. 04-18, Amending Chapter 301 of the City Code relating to Public Parks and Grounds, providing an exception to alcohol restriction for community festival VOTE REQUIRED: 3/5 INTRODUCTION Chapter 301 of the Lino Lakes Code of Ordinances relates to Public Parks and Grounds and prohibits use of intoxicating beverages on any public park or public ground. BACKGROUND The annual city festival, Blue Heron Days, will be held on August 17 and 18, 2018. Many of the festival activities take place at Lino Park. The city council has heard from a local restaurant that they are interested in establishing a food and craft beer stand at the festival this year at Lino Park. Their plan would be to offer food and beverages during limited hours with trained staff. In order for the council to be able to consider an application for a food and craft beer stand at Lino Park, a change to the city’s regulations is necessary. The attached ordinance would add language to allow intoxicating beverages at a city park but only during the community festival and only when the council approves the specific event by resolution. The resolution process allows the city to impose conditions or restrictions that are appropriate to the specific event it would cover. RECOMMENDATION The council is asked to consider the 2nd Reading and Passage of Ordinance No. 04-18, Amending Chapter 301 of the City Code relating to Public Parks and Grounds, providing an exception to alcohol restriction for community festival. The 1st Reading of this ordinance was approved by the council on May 14, 2018. ATTACHMENTS Ordinance No. 04-18 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 04-18 ORDINANCE AMENDING TITLE 300, CHAPTER 301 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO PUBLIC PARKS AND GROUNDS The City Council of Lino Lakes ordains as follows: Section 1: Section 301.05 of the above-entitled ordinance be amended to read as follows: § 301.05 ALCOHOLIC BEVERAGES. No person shall possess, display, consume or use intoxicating liquor on any public park or public grounds, except during community festivals and as approved by Resolution of the City Council. No person shall possess, display, consume or use 3.2% malt liquor in any public park or public grounds except in designated picnic areas approved by the Council. Section 2: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ___ day of _________________, 2018. 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 the same: ________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: May 29, 2018 TOPIC: Drainage and Utility Easement Vacation i) Consider 2nd Reading of Ordinance Ordinance No. 03-18, Vacating Drainage & Utility Easement, Outlot B, Northpointe 5th Addition *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 18-53, Approving Summary Publication of Ordinance No. 03-18 VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of Ordinance No. 03-18, vacating drainage and utility easements lying over, under and across Outlot B as created and dedicated in the plat of Northpointe 5th Addition. BACKGROUND Northpointe is a PUD residential subdivision located northeast of the intersection of Birch Street and 20th Avenue South/CSAH 54. The applicant is requesting this drainage and utility easements be vacated to remove underlying easements concurrent to the NorthPointe 7th Addition final plat. Revised easements will be re-dedicated on the final plat of Northpointe 7th Addition. The City Council has approved similar vacations with previous final plats in Northpointe. The Drainage and Utility Easement Vacation Description Sketch prepared by Carlson McCain on April 4, 2018 detailing the proposed drainage and utility area to be vacated is enclosed. RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 03-18 Vacating Drainage & Utility Easements, Outlot B, NorthPointe 5th Addition, and approval of Resolution No. 18- 53, Approving Summary Publication of Ordinance No. 03-18. 2 ATTACHMENTS 1. Ordinance 2. Drainage and Utility Easement Vacation Description Sketch 3. Resolution 1 1st Reading: 5/14/2018 Publication: 2nd Reading: 5/29/2018 Effective: CITY OF LINO LAKES ORDINANCE NO. 03-18 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot B, 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 a portion of the drainage and utility easement dedicated over, under, and across Outlot B, NORTHPOINTE 5TH ADDITION, as shown in Exhibit A; and 2. A public hearing was held on May 14, 2018 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. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 4. The Drainage and Utility Easement Vacation shall be recorded through Anoka County Recorder’s Office; 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 Drainage and Utility Easement Vacation for Outlot B, NORTHPOINTE 5TH ADDITION. Adopted by the Lino Lakes City Council this 29th day of May, 2018. The motion for the adoption of the foregoing ordinance was introduced by Council 2 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 Drainage and Utility Easement 3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGf: \ j o b s \ 4 5 8 1 - 4 6 0 0 \ 4 5 8 6 - l i n o l a k e s p a r c e l \ c a d \ s u r v e y \ 4 5 8 6 _ 5 t h d - u v a c a t i o n d e s c . d w g Sa v e D a t e : 04 / 0 4 / 1 8 Vacation Description Sketch CITY OF LINO LAKES RESOLUTION NO. 18-53 APPROVING A SUMMARY OF ORDINANCE NO. 03-18 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 03-18, vacating a drainage & utility easement on Outlot B, Northpointe 5th Addition; and WHEREAS, the City Council approved the first reading on May 14, 2018, and the second reading and final passage on May 29, 2018; and WHEREAS, Ordinance No. 03-18 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the City of Lino Lakes this 29th day of May, 2018. The motion for the adoption of the foregoing resolution 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 ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 03-18 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT Section 1: Findings The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Outlot B, NORTHPOINTE 5TH ADDITION, as shown in Exhibit A; and A public hearing was held on May 14, 2018 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a 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 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 recording of the Drainage and Utility Easement Vacation. Passed by the Lino Lakes City Council on May 29, 2018. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: May 29 , 2018 TOPIC: Consider Resolution No. 18-61, Approving Comprehensive Plan Amendment, Utility Staging 1. Chapter 3: Land Use Plan 2. Chapter 7: Sanitary Sewer Plan VOTE REQUIRED: 3/5 INTRODUCTION Staff is seeking Council approval of a Comprehensive Plan Amendment to the City’s 2030 Comprehensive Plan to allow four existing homes along Ash Street to connect onto existing sewer lines. The following amendments are recommended: • Amendment to Chapter 3: Land Use Plan to add the southern 540 feet of PID: 32-31-22- 33-0002, PID: 32-31-22-33-0004, and PID: 32-31-22-33-0005; and the entire parcel of PID: 32-31-22-33-0006 into Stage 1B Planned (2015-2020). • Amendment to Chapter 7: Sanitary Sewer Plan to add the southern 540 feet of PID: 32- 31-22-33-0002, PID: 32-31-22-33-0004, and PID: 32-31-22-33-0005; and the entire parcel of PID: 32-31-22-33-0006 into Stage 1B Planned (2015-2020). BACKGROUND On September 12, 2011, the City of Lino Lakes adopted the 2030 Comprehensive Plan Update in compliance with Minnesota State Statutes 473.864, Subd. 2. As part of the Plan Update, a future land use plan was created, future sanitary sewer flow and capacities were projected, and the City was divided into several Sewer Districts for future planning purposes. In analyzing vision for future land use, as well as the future sanitary sewer system with “full build out” of the Future Land Use Map, certain criteria were assumed/planned for. 1. PID: 32-31-22-33-0002, PID: 32-31-22-33-0004, PID: 32-31-22-33-0005, and PID: 32- 31-22-33-0006 were guided as “Low Density Residential” land use; 2. A future sanitary sewer system was planned to extend to provide service to PID: 32-31- 22-33-0002, PID: 32-31-22-33-0004, PID: 32-31-22-33-0005, and PID: 32-31-22-33- 0006 through Sewer Subdistrict No. 1C. 3. The portion of Sewer Subdistrict No. 1C serving PID: 32-31-22-33-0002, PID: 32-31- 22-33-0004, PID: 32-31-22-33-0005, and PID: 32-31-22-33-0006 is within Utility Stage 2A (2020-2025). The Low Density Residential land use designation states that it “provides for housing at densities of 1.6 to 3.9 units per net acre that is served by municipal sewer and water service.” The Low Density Residential land use designation also states that it “includes existing unsewered low density residential areas that will eventually be connected to City sewer and water systems. The City will work with landowners to provide utilities.” At this time, there is no consideration by the City to provide municipal sewer and water service to these properties and the four properties are not proposing to subdivide. The owners at PID: 32-31-22-33-0002 (465 Ash St) have a non-compliant system and have requested to connect municipal utilities. There is an existing sanitary sewer line in Ash St that is operated by the City of Shoreview. The Cities of Shoreview and Lino Lakes are negotiating an agreement that would allow the resident at 465 Ash St to connect to the sewer line and receive and pay for sewer service from Shoreview. 465 Ash St, as well as 405 Ash St (PID: 32-31-22-33-0005), 415 Ash St (PID: 32-31-22-33- 0006), and 435 Ash St (PID: 32-31-22-33-0004), have wetlands on their sites and development of these parcels with municipal utilities is not feasible at this time. Thus, having them in Utility Stage 1B (2015-2020) would allow the four existing houses the ability to connect onto existing sanitary sewer lines, either in Ash St or in Ware Rd. Bring these four existing homes (405, 415, 435, and 465 Ash St) into Utility Stage 1B does comply with the Comprehensive Plan statement of the “(t)he City will work with landowners to provide utilities”, but it does not “provides for housing at densities of 1.6 to 3.9 units per net acre”. To resolve this contradiction, staff recommends to only bring in the southern 540 feet of 405 Ash St (PID: 32-31-22-33-0005), 435 Ash St (PID: 32-31-22-33-0004), and 465 Ash St (PID: 32-31-22-33-0005). Additionally, a condition is recommended on the approval that any future subdivision would require a Comprehensive Plan Amendment for the entire parcel to a Utility Staging that would permit that subdivision. Should someone purchase these properties before 2020, they would need to request a Comprehensive Plan Amendment before considering the development of the parcel(s). Proposed Amendments The following amendments are proposed to the City’s Comprehensive Plan. Chapter 3: Land Use Page 3-25 – Figure 3-4 Utility Staging Map has been modified to show the southern 540 feet of PID: 32-31-22-33-0002, PID: 32-31-22-33-0004, PID: 32-31-22-33-0005, and PID: 32-31-22- 33-0006 from Utility Stage 2A (2020-2025) to the Utility Stage 1B (2015-2020). Page 7-30 – Figure 7-5: Future Sanitary Sewer System with Utility Staging Map has been modified to show the southern 540 feet of PID: 32-31-22-33-0002, PID: 32-31-22-33-0004, PID: 32-31-22-33-0005, and PID: 32-31-22-33-0006 from Utility Stage 2A (2020-2025) to the Utility Stage 1B (2015-2020). Surrounding Zoning and Land Use Direction Zoning Existing Land Use Future Land Use North R - Rural Rural Residential Low Density Residential South R1- Detached Residential (Shoreview) Single Family Detached (Shoreview) Residential (up to 4 units/acre) (Shoreview) East R- Rural Rural Residential Low Density Residential West R- Rural Rural Residential Medium Density Residential In accordance with the Metropolitan Council and Minnesota State Statutes, if the City recommends approval of the proposed comprehensive plan amendments as it relates to the change in the future land use designation, the City must submit the proposed amendment to the Metropolitan Council for their review and approval. Staff recommends approval of the Comprehensive Plan Amendments with the following condition 1. The adoption of the amendments to the City’s Comprehensive Plan are subject to review and approval by the Metropolitan Council. 2. Any subdivision of the parcels with PID: 32-31-22-33-0002, PID: 32-31-22-33-0004, or PID: 32-31-22-33-0005 will require that the entire parcels be within the proper Utility Stage for development and subdivision. RECOMMENDATION Approval of Resolution No. 18-61, Approving Comprehensive Plan Amendment, Utility Staging 1. Chapter 3: Land Use Plan 2. Chapter 7: Sanitary Sewer Plan ATTACHMENTS 1. Resolution 2. Site Location Map 3. Aerial Map 4. Figure 3-4: Utility Staging Map 5. Figure 7-5: Future Sanitary Sewer System with Utility Staging Map CITY OF LINO LAKES RESOLUTION NO. 18-61 APPROVING COMPREHENSIVE PLAN AMENDMENT UTILITY STAGING WHEREAS, On September 12, 2011, the City of Lino Lakes adopted the 2030 Comprehensive Plan Update in compliance with Minnesota State Statutes 473.864, Subd. 2; and WHEREAS, The 2030 Comprehensive Plan identifies 465 Ash St (PID: 32-31-22-33-0002), 405 Ash St (PID: 32-31-22-33-0005), 415 Ash St (PID: 32-31-22-33-0006), and 435 Ash St (PID: 32 -31-22-33-0004), to be within Utility Stage 2A (2020-2025); and WHEREAS, 465 Ash St (PID: 32-31-22-33-0002), 405 Ash St (PID: 32-31-22-33-0005), 415 Ash St (PID: 32-31-22-33-0006), and 435 Ash St (PID: 32-31-22-33-0004), have wetlands on their sites and development of these parcels with municipal utilities is not feasible at this time. Thus, having them in Utility Stage 1B (2015-2020) would allow the four existing houses the ability to connect onto existing sanitary sewer lines if their Individual Sewage Treatment Systems fail; and WHEREAS, Any subdivision of the parcels with PID: 32-31-22-33-0002, PID: 32-31-22-33- 0004, or PID: 32-31-22-33-0005 will require that the entire parcels be within the proper Utility Stage for development and subdivision; and WHEREAS, On May 9, 2018, the Planning Commission conducted a Public Hearing regarding the Comprehensive Plan Amendment request; and WHEREAS, Following the Public Hearing, the Planning Commission recommended approval of the Comprehensive Planning Amendment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the following amendments to the City’s Comprehensive Plan are approved: Page 3-25 – Figure 3-4 Utility Staging Map has been modified to show the southern 540 feet of PID: 32-31-22-33-0002, PID: 32-31-22-33-0004, PID: 32-31-22-33-0005, and PID: 32-31-22- 33-0006 from Utility Stage 2A (2020-2025) to the Utility Stage 1B (2015-2020). Page 7-30 – Figure 7-5: Future Sanitary Sewer System with Utility Staging Map has been modified to show the southern 540 feet of PID: 32-31-22-33-0002, PID: 32-31-22-33-0004, PID: 32-31-22-33-0005, and PID: 32-31-22-33-0006 from Utility Stage 2A (2020-2025) to the Utility Stage 1B (2015-2020). Adopted by the Council of the City of Lino Lakes this 29th day of May, 2018. The motion for the adoption of the foregoing resolution 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 405, 415, 435,and 465 Ash St Comprehensive Plan Amendment April 24, 2018 Map Powered by DataLink from WSB & Associates 1 in = 600 ft ± 405, 415, 435,and 465 Ash St Comprehensive Plan Amendment April 24, 2018 Map Powered by DataLink from WSB & Associates 1 in = 600 ft ± %&c(%&d( Rice CreekChain of LakesRegional Park Re serve C i t y o fCity o fCentervil l eCenterville OT TERLAKE AME LIALAKE BALDWINLAKE RESHANAULAKE RICELAKE CENTERVIL LELAKE MARS HANLAKE GE ORGEWATCHLAKE PELTIE RLAKE RONDE AULAKE CEDARLAKE Elm St S herm a n Lake Rd 20 th Ave N M ain St LakeDr Otter Lake Rd R o b i nson D r A p o ll o D r Ware Rd 2nd Ave L il a c St 12th Ave S Clearwater Creek D r B ir ch S t 62nd St H awt h orn Rd County Rd J Lois La Lakev iew Dr County Rd 53 Freeway Dr Ash St 80th St E W S h a d o w L a k e D r L a n gerL a Ce n t u r y T r HollyD r Sunset Ave NE 20thAveS KellySt Hodgson Rd Cente rville Rd W o o d Duck Tr 22ndAveS Woodridge La 4th Ave Fig ure 3-4: Utility Staging Map Utility Staging Map City of Lino Lakes 2030 Comp reh ensive P lan ´4,000 0 4,000Feet Stag e 1A Pla nne d Se rvice Area (200 8 - 2015 ) Stag e 1B Pla nned Se rv ic e Area (201 5 - 2020 ) Stag e 2A Pla nne d Se rvice Area (202 0 - 2025 ) Stag e 2B Pla nned Se rv ic e Area (202 5 - 2030 ) Stag e 3 P la nned Se rvice A rea (Post 2030 ) No S ervice Area Mu nicipal B ound ary MCES Interceptors Regiona l Park Rese rve NWI W etla nds Wate rb odies Righ t-of-Wa y Sep t 26, 201 4 Prepared By: WSB & Associates K:\02029 -80 0 \GIS\M ap s\Fig 3 -4_UtilityStaging.mxd ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! !! ! ! ! !!!! ! ! ! !! !!! !!! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! !! !! !! ! ! ! !! !! !!! ! ! ! ! ! ! ! !!!! ! ! !! %&c(%&d( #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0 #0LS# 9 LS# 3 LS# 6 LS# 4 LS# 7 LS# 5 LS# 2 LS# 53 LS# 12 LS# 11 LS# 1 LS# 9 MCES - L69 %&c(%&d( COUNT Y ROAD JINTERCONNECTIONWITH SHOREVIEW LAMOT TE DRIVEINTERCONNECTIONWITH CENTERVILL E MOUND TRAILINTERCONNECTIONWITH CENTERVILL E SUNSET AVEINTERCONNECTIONWITH BLAINE C i t y o fCity o fCentervil l eCenterville OT TERLAKE AME LIALAKE BALDWINLAKE RESHANAULAKE RICELAKE CENTERVIL LELAKE MARS HANLAKE GE ORGEWATCHLAKE PELTIE RLAKE RONDE AULAKE CEDARLAKE Elm St 20 th Ave N M ain St LakeDr Otter Lake Rd R o b i nson D r A p o ll o D r Ware Rd 2nd Ave L il a c St 12th Ave S Clearwater Creek D r B ir ch S t 62nd St H awt h o rn Rd County Rd J Lois La Lakev iew Dr County Rd 53 Freeway Dr Ash St 80th St E W S h a d o w L a k e D r L a n gerL a Ce n t u r y T r HollyD r Sunset Ave NE 20thAveS KellySt Hodgson Rd Cente rville Rd W o o d Duck Tr 22ndAveS Woodridge La 4th Ave Fig ure 7-5: Future Sanitary Sewer System with Utility Staging M ap Future Sanitary Sewer System with Utility Staging M ap City of Lino Lakes 2030 Comp reh ensive P lan ´4,000 0 4,000Feet Stag e 1A Pla nne d Se rvice Area (200 8 - 2015 ) Stag e 1B Pla nned Se rv ic e Area (201 5 - 2020 ) Stag e 2A Pla nne d Se rvice Area (202 0 - 2025 ) Stag e 2B Pla nned Se rv ic e Area (202 5 - 2030 ) Stag e 3 P la nned Se rvice A rea (Post 2030 ) No S ervice Area FU TURE SANITARY SEWER SYSTEM !FORCEMAIN GRAVITY EXISTING TRUNK SYSTEM !!FORCEMAIN GRAVITY MCES INTERCEPTOR GRAVIT Y Sep t 26, 201 4 Prepared By: WSB & Associates K:\02029 -80 0 \GIS\M ap s\Fig 7 -5_Fu tu re SanitarySe werStaging.mxd