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Home My WebLink About07-22-2024 - Council Meeting MinutesLINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: July 22, 2024 TIME STARTED: 6:30 PM TIME ENDED: 8:42 PM LOCATION: City Council Chambers MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton, City Clerk Roberta Colotti, Community Development Director Michael Grochala, City Engineer Diane Hankee, HR & Communications Manager Meg Sawyer, Public Safety Director John Swenson, and City Attorney Jay Squires. The meeting was called to order by Mayor Rafferty at 6:30 PM. Mayor Rafferty provided an overview of the Rules of Decorum and provided first warning regarding enforcement of the rules. PUBLIC COMMENT Mayor Rafferty opened the public comment period at 6:35 p.m. Luke Walter, 7800 Maryland Drive, Lino Lakes, stated that he was here this evening representing the committee of petitioners who submitted three development related petitions to the City staff on July 1, 2024. He noted two petitions are proposed charter amendments and the third proposes the adoption of an ordinance. Mr. Walters stated that the petitioners care deeply about the future of the city and believe it's worth their efforts to protect it. He stated that the issues we face regarding the developments proposed in the northwest quadrant have exposed a significant gap in the necessary protections for our city and their group has had to step in and address those profound needs identified by Lino Lakes residents. They have seen a growing concern amongst residents about rapid pace development and the potential consequences. He stated that it is our collective responsibility to ensure that growth and progress do not come at the expense of the quality of life and the wellbeing of our existing residents. Mr. Walters stated that there are two possible directions for tonight's City Attorney opinion, either his opinion supports the legalities of their petitions, in which case, the Council can disregard the next part of his speech, or the City Attorney's opinion is not favorable, in which case he asks the Council to listen carefully. He stated that these petitions have been meticulously crafted with the best interest of our community in mind and to dismiss them based on some technicality would be a disservice to the residents of Lino Lakes. Mr. Walters stated that the first petition aims to prevent intentionally segregated neighborhoods. It's not just a matter of policy, it's a matter of justice and equity. The second petition seeks to reduce the pace of residential growth. He stated that they are not against Lino Lakes City Council Minutes development, but they believe it should be managed in a way that aligns with our City's capacity and infrastructure. The third petition is to prevent inexperienced, dishonest and financially questionable developers from building in Lino Lakes. In order to ensure that those investing our community are committed to its wellbeing and have the necessary expertise and financial stability to deliver on their promises. By setting higher standards for developers, we can protect our city from subpar developments that could harm our environment, economy and reputation. Mr. Walters stated that the work and effort by the community to complete and deliver these petitions cannot be ignored. If the Council cannot, for whatever reason, recommend that these petitions move forward to the ballot. The petition committee believes these citizens are rightly do their demands through another avenue. Mr. Walters asked that the Council make a commitment to real citizen engagement during the moratorium process. He requested that one of the council members work closely with their citizen group as a liaison to create a pathway for city drafted ordinances along the lines of what they have proposed with the petition process. Mr. Walters urged the Council to allow the three petitions to proceed. Stating that the motivations behind these petitions are fair and just and rooted in a genuine desire to see Lino Lakes thrive now and in the future. He thanked the Council for their consideration. Aaron Frederickson, 7177 Whippoorwill Lane, Lino Lakes, said in the 1980s Secretary of Labor, Raymond Donovan was charged with larceny and fraud, but later acquitted on all charges. When he was acquitted, a number of the jurors openly applauded as he asked, "Which office do I go to get my reputation back". Like Secretary Donovan, the last several months have been rough on the residents of the City of Lino Lakes. We've been accused of many things including being bigots, being racist, and being Islamophobes. These baseless accusations were unfortunately repeated by the media. Others suggested Lino Lakes is too white. It's not diverse. Even though if you look at the composition of Lino Lakes, we are more diverse than Minnesota is as a whole. Thankfully, KARE 11 brought out the facts. The City of Lino Lakes was wrongly attacked. Mr. Frederickson stated a reputation has been harmed and asked the Mayor and Members of the City Council, "Where do we go to get our reputation back". He stated that he was also personally attacked. A person seeking business before the Council threatened to sue him, why? Because he merely asked him questions after this person said that he would be open, honest and transparent. Sam Bennett, 6841 Lakeview Drive, Lino Lakes, spoke regarding a new park that is being discussed, and stated that he feels the park should be built in the town center. This could be a springboard to bring in more traffic and to focus the design of the town center. He would like to see the city finish the current town center before starting another area. He would like to see businesses such as an ice-cream shop/restaurant developed in coordination with the park and town center development. Page 2 of 8 Lino Lakes City Council Minutes The City Administrator announced that concludes the list of people present at this time, who requested to speak at public comment. Motion to close the public comment period at 6:45 p.m. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None SETTING THE AGENDA Councilmember Ruhland stated that he had a comment on one of the consent agenda items. Mayor Rafferty requested that item be further discussed as part of the consent agenda approval. Motion to approve the Council meeting agenda as presented. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None SPECIAL PRESENTATIONS Lino Lakes Ambassador Program The Lino Lakes Ambassadors and Candidates presented their past year achievements, event attendance and awards. They stated that the program builds skills in public speaking, event planning and community engagement. American Legion Presentation of Awards The American Legion Post 566 presented the Police Officer of the Year Award to Shelby Bonczek. They then presented the Firefighter o the Year Award to Brian Gustafson. Page 3 of 8 Lino Lakes City Council Minutes 1. CONSENT AGENDA Motion to Approve Consent Agenda Items #1A, 1C through 1F and 1H as presented and to table 1B to August 12, 2024. RESULT: CARRIED [5-0] MOVER: Ruhland SECONDER: Lyden AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Motion to Approve Consent Agenda Item #1G as presented. Councilmember Ruhland stated that his company has a current client that works for the applicant company, and while not a conflict of interest, to avoid the appearance of a conflict of interest he would abstain from voting on this application. RESULT: CARRIED [4-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, and Stoesz NAYS: None ABSTAIN: Ruhland 2. FINANCE DEPARTMENT REPORT 1►R7ii� 3. ADMINISTRATION DEPARTMENT REPORT 3A, Appointment of Investigative Assistant Motion to Jessica Crowe to the full-time Investigative Assistant position within the Public Safety Department at step 5 of the wage scale. RESULT: CARRIED [5-0] MOVER: Cavegn SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Page 4 of 8 Lino Lakes City Council Minutes 313, Appointment of Public Works Maintenance Worker Motion to appoint Riley Meyer to the full-time Utilities Maintenance Worker position within the Public Works Department, at step 3 of the wage scale. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None 3C, Promotion of Paid -On Call District Chief Firefighter Motion to appoint Brian Gustafson for the Paid On -Call District Chief position at Fire Station #1 as presented. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None 3D, City Attorney Opinion Related to Petitions The City Attorney provided an overview of his opinion and the legal basis for his recommendation. He stated that all three petitions are determined not to meet the standard of legal validity. He stated that the Council has the option to send the matter to the State Attorney General for an opinion as well. The City Council discussed the opinion and reviewed the option to forward the matter to the State Attorney General for an opinion. The City Attorney stated that the next step is to prepare and present the resolutions for formal action at the next regular meeting. He stated that formal action was not required at this meeting. 3E, Appointment of Government Building Custodial Worker Motion to approve the appoint Joe Petrucci to the part-time Custodial Worker position for Government Buildings, at the starting step of the wage scale as presented. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None 4. PUBLIC SAFETY DEPARTMENT REPORT None Page 5 of 8 Lino Lakes City Council Minutes 5. PUBLIC SERVICES DEPARTMENT REPORT None 6. COMMUNITY DEVELOPMENT REPORT 6A, Public Hearing - 2024/2025 Street Reconstruction, Sewer & Water Extension Project The City Engineer presented a PowerPoint presentation on the 2024/2025 Street Reconstruction and Municipal Sewer and Water Extension Project, Pine Haven. She stated that the purpose of this meeting was to discuss the proposed assessments. She stated that the property owners will have 60 days from this meeting to present a petition against the project. Mayor Rafferty opened the public hearing at 8:10 p.m. Chris Stowe, 426 Pine Street, Lino Lakes, stated he is a plumber by trade. He advised against connecting to municipal water and sewer. Noting the costs of municipal systems compared to private systems. He noted that future infrastructure is needed to support the expansion of the municipal system. Neal Testin, 8016 Danube Street NE, Lino Lakes, reviewed the high costs associated with the private water and sewer system at his property. He stated that in addition his water has a rust issue. He was in support of the water and sewer project as he believes it will pay for itself over time. Ellen Testin, 8016 Danube Steet NE, Lino Lakes, stated that she is in favor of the water and sewer project as she does not have any room for a new septic mound. She stated that in the recent past, her neighbor's septic failed and was located near her well. She noted that the City has standards for testing water. She added that her well water is orange in color. Tracy Busch, 8015 Elbe Street, Lino Lakes, reviewed the cost and connection options with the City Engineer. Michelle A., 8015 Danube Street NE, Lino Lakes, stated that he does have room for a mound system. He asked how the contractor calculated costs and project specifications. The Engineer reviewed the details of the process. David, 8019 Elbe Street, Lino Lakes, asked if he could keep his private well for irrigation. The City Engineer reviewed the considerations in approving the maintenance of a private well for irrigation. John J., 9040 8111 Street, Lino Lakes, stated that their property became non -compliant and that it would be impactful on the current structures and landscaping to run the lines for a new mound system. Leigha J. 9040 8111 Street, Lino Lakes, asked about requirements for disclosing the proposed project if the home is put on the market. Page 6 of 8 Lino Lakes City Council Minutes The City Engineer reviewed the city process which includes a 60-day waiting period for the property owners to present a petition against the project. After which time the City would create the assessment. Motion to close the public hearing at 8:30 p.m. RESULT: CARRIED [5-0] MOVER: Lyden SECONDER: Stoesz AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None 613, Vacating Drainage & Utility Easement Watermark 5th Addition Motion to dispense with the full reading of Ordinance No. 10-24 Vacating Drainage & Utility Easement, Outlot C, Watermark 5th Addition. RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Cavegn AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Motion to provide second reading and adopt Ordinance No. 10-24 Vacating Drainage & Utility Easement, Outlot C, Watermark 5th Addition. RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Motion to adopt Resolution No. 24-93 Approving Summary Publication of Ordinance No. 10-24 RESULT: CARRIED [5-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None Page 7 of 8 Lino Lakes City Council Minutes Motion to adopt Resolution No. 24-94 Approving 2"d Amendment to Open Space Easement for Watermark. RESULT: CARRIED [S-0] MOVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz NAYS: None 7. UNFINISHED BUSINESS None 8. NEW BUSINESS 1ill [.= 9. NOTICES AND COMMUNICATION Community Calendar: A Look Ahead a. Environmental Board Meeting, July 31, 2024, 6:30 PM b. Economic Development Advisory Committee Meeting, August 1, 2024, 8:00 AM c. City Council Work Session, August 5, 2024, 6:00 PM � A1�17►1ril�l Mayor Rafferty adjourned the meeting at 8:42 p.m. These minutes were approved at the regular Council Meeting on Nov. 25, 2024. Roberta Colotti, CIVIC R b Ra ferty, City Clerk May Page 8 of 8