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HomeMy WebLinkAbout10-03-2016 Council Work Session MinutesCITY COUNCIL SPECIAL WORK SESSION APPROVED October 3, 2016 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE :October 3, 2016 5 TIME STARTED 6:00 p.m. 6 TIME ENDED 7:55 p.m. 7 MEMBERS PRESENT :Council Member Rafferty, Kusterman, 8 Maher, Manthey and Mayor Reinert 9 MEMBERS ABSENT :None to 11 Staff members present: City Administrator Jeff Karlson; Conununity Development ] 2 Director Grochala; City Planner Katie Larsen; City Clerk Julie Bartell. 13 14 Kolstad Septic System v. City of Lino Lakes: Mayor Reinert introduced Jeff Kolstad 15 and State Representative Linda Runbeck. The mayor said this is a matter that he'd like 16 the council to discuss prior to beginning the regular work session agenda. He explained 17 that a property has a septic issue requiring system replacement. State law apparently 18 dictates who can do that work (it must be a professional or a property owner). He 19 understands that the City has chosen to interpret the state law to say that, in the case of 20 this property and this project, Mr. Kolstad's 78 year -old dad must be on the bobcat doing 21 this replacement. The mayor said he is calling for discussion of the matter. 22 23 Representative Linda Runbeck added that she believes the key to state law is to avoid 24 having an unauthorized/unlicensed contractor involved but if you handle it as a property 25 owner that would seem to be okay. 26 27 Administrator Karlson explained that he has reviewed the situation with staff (including 28 the city's building inspector). They reviewed state law and how the city interprets that 29 "property owner" within that law means the person who controls the property. It's 3o actually quite unusual for a property owner to ask for this permission —it's most often 31 done by a licensed contractor. In this case the work was begun by the family members 32 (including Jeff Kolstad) and an inspection by the city did occur. It was found that the 33 work was not being done by the property owner and it wasn't being completed properly 34 and as well the proper equipment wasn't being used. 35 36 Community Development Director Grochala explained that there has been an amended 37 design submitted. He added that it is most important that the system installed is correct 38 and safe. Normally a licensed installer must do the work but there is an exception for 39 owner installation. He noted state law. He suggested that in this case it is a nephew 40 doing the work. Mr. Grochala added that the house will be put up for sale and a new 41 owner should be able to trust the system put in place. 42 43 Mayor Reinert concurred that the system must be correct. He is aware that the Kolstad's 44 have been paying taxes in the city for more than forty years and have not asked for much. 45 The mayor said there are apparently three things that have turned up wrong and that 1 CITY COUNCIL SPECIAL WORK SESSION October 3, 2016 APPROVED 46 brought the city into the picture. He suggests that perhaps staff should be explaining 47 needs to be done to get the job done correctly. 48 49 Community Development Director Grochala explained that staff cannot be in the 5o business of designing improvements and the role suggested is typically handled by the 51 contractor. Mr. Grochala suggested that the council could interpret the regulations to 52 include extended family and that would allow this project to continue with the current 53 workers. 54 55 Mr. Kolstad addressed the council. This involves his father's home but he himself was a 56 resident for a very long time until lately. He agrees that it is the role of the city to work 57 with the citizens. He feels that the building inspector wasn't helpful but much more 58 regulatory than necessary. 59 60 Mr. Karlson noted that the father applied for the permit so that wasn't actually accurate. 61 Mr. Kolstad explained that his father isn't able to do the work. 62 63 Council Member Maher asked for clarification that the property owner must be on the 64 equipment and operating it. Staff said no — the owner must be on the property. 65 66 Mr. Kolstad suggested that the building inspector had "his dander up" when he arrived 67 and that caused him to threaten certain actions. He feels that the inspector was overly 68 sensitive to the regulations. 69 70 Representative Runbeck suggested that the city wouldn't be on the hook if the system 71 were to fail — it would be the homeowner. Mr. Kolstad noted that they (the owners) will 72 be required to enter a hoWharmless on the situation. At this point in the project, they are 73 offering to rectify what is wrong and have it corrected for the inspector's approval. 74 75 Council Member Rafferty asked if the surveyor work is done correctly and that was 76 verified by Mr. Kolstad, who added that the issue was that the wrong type of vehicle was 77 used over the drain field area. The mayor confirmed that it is fixable. 78 79 Community Development Director Grochala read aloud the statute related to the 80 situation. Council Member Kusterman said the law isn't ambiguous and it is clear. He 81 noted that there must be a way for the city to remediate the problem however he believes 82 that the staff is following the law. Mr. Kolstad said he spoke with a state enforcement 83 agency and a person at the Minnesota Pollution Control Agency and they stated that the 84 laws are written to be somewhat ambiguous and they feel that the city has room for 85 interpretation. The state official did say that he personally wouldn't enforce it in this 86 situation. Mr. Kolstad said the purpose of his request is to assist an elderly citizen who 87 doesn't have a lot of money. There was a mistake made along the way but they'd still 88 like to be allowed to proceed with the project. 89 2 CITE' COUNCIL SPECIAL WORK SESSION October 3, 2016 90 Mayor Reinert suggested that there is a route to get this done. Mr. Grochala said the 91 council can direct that it be allowed (as their interpretation of the law). He explained how 92 staff has applied the regulations in the past, to hold responsible the person who comes in 93 and takes out the permit who must be the property owner. In this case the owner isn't 94 living on the property. Mayor Reinert said he likes to see a culture in this city of helping 95 businesses and residents. 96 97 Council Member Manthey confirmed that a project is typically inspected four times and 98 asked if those inspections actually provide enough insight to know if the process is being 99 followed well enough. The goal is of course to get this done correctly and safely. He has 100 done projects like this and the inspection element is very important. 101 102 Mr. Kolstad said he understands that a homeowner issued permit is scrutinized much 103 more than a contractor permitted project. 104 105 Representative Runbeck noted that this apparently isn't a common circumstance which 106 we've heard from staff. But it does seem to call for some latitude on the part of the city 107 especially because a skilled person is working on the project. 108 1o9 Mayor Reinert remarked that there are many properties with septic systems within the city 110 so perhaps a review of the process is warranted to see if the city is fair in the issuance of 111 permits. Going forward, he suggested that everything should be in writing. He 112 confirmed with staff that they will provide a written correction notice in this situation. 113 The mayor clarified that all instructions should be in writing. 114 115 Council Member Kusterman suggested that the law is clear and city staff is just 116 interpreting the law that is out there and if the council wants it to be different, the council 117 must give staff that direction. 118 ll 9 The mayor remarked that there is a person at the meeting who makes state law and she 120 interprets it to allow Mr. Kolstad to do this that should mean something. Ms. Runbeck 121 added that inspectors don't need to make your life hell but they do take the law very 122 seriously. It's important to have this clear though when the property will actually be 123 turning over soon. 124 125 Council Member Manthey suggested that the discussion wouldn't be occurring if there 126 wasn't something done wrong. He sees that family members should be allowed to help 127 but also that the city inspector needs definition to do his job. 128 129 Mr. Kolstad said that he could easily add his name to the deed for the property with a quit 130 claim deed, however, he thinks the principle of the city's involvement here is important. 131 He pledges that the work will be done right and it will save money to his father. 132 133 The council discussed the term "individual" as it applied in the regulations. 134 CITY COUNCIL SPECIAL WORK SESSION October 3, 2016 APPROVED 135 The council concurred that their direction is staff should interpret the law that with 136 guidance and instruction from staff, this project can be continued. 137 138 Community Development Director Grochala remarked that the council seems to be 139 suggesting that staff interpret extended family as allowed to do this. Mayor Reinert 14o remarked he likes the direction to be that it the work should be done "under the direction" 141 of the property owner. 142 143 Council Member Kusterman suggested that the matter can be settled with a statement of 144 the council that the City of Lino Lakes has extended the definition of "an individual" to 145 "extended family". The council concurred that they will consider that change and staff 146 will confirm with the city attorney that that is appropriate and, if necessary, bring forward 147 an action to the council. The mayor remarked that once there is an opinion from the city 148 attorney, staff and decide if official action is needed or if the project can then proceed 149 quickly. 150 151 1. I-35W Project Municipal Consent - Mayor Reinert explained that staff is 152 presenting three resolutions and the council can chose to adopt one at the council 153 meeting. It was clarified that the state will construe Resolution One to be a denial of the 154 project. Mayor Reinert remarked that the city attorney has expressed that even the first 155 resolution is advisory unless the city is contributing any money. The mayor argued that 156 there hasn't been a fair description that this is a MnPass project. Community 157 Development Director Grochala said he is presenting the information as he has received 158 it. 159 160 Council Member Manthey recalled the council's discussion with MnDOT staff. There 161 was discussion of the project in terms of it being part of the MnPass system. 162 163 Mayor Reinert remarked that Resolution One actually stands for something but the state 164 is calling it a deal breaker. It's about interpretation. He suggests that if council members 165 really want to stand for something, they should vote for that one. Council Member Maher 166 asked about the Mayor's goal; he said it is to not support MnPass, which represents 167 special lanes for special people. 168 169 The council discussed the three resolutions and will consider all those options at the 170 council meeting. 171 172 2. St. Clair Estates Final Plat - City Planner Larsen recalled the council 173 consideration of the preliminary plat. A large part of that discussion was access to Birch 174 Street. The change that resulted now allows for an additional lot. This will go to the 175 Planning and Zoning Board yet and will most likely be to the council the last meeting of 176 October. Does the additional lot have much impact; she suggests not. The numbers 177 don't change enough to impact trips. 178 0 CITY COUNCIL SPECIAL WORK SESSION October 3, 2016 APPROVED 179 Council Member Maher said she voted no on the preliminary plat because of the number 18o of lots and so the increase will not change her mind. 181 182 The council discussed the history of cul-de-sac lengths in the city. Mayor Reinert said he 183 will not support the addition of the lot. The council concurred that they do not support 184 the change to 36 lots. Planner Larsen indicated that she will convey that message to the 185 developer and the Planning and Zoning Board. 186 187 3. Council Updates on Boards/Commissions 188 189 North Metro Telecommunications Commission — Council Member Maher reported a 190 slight increase in budget (operations increase related to salaries). The City of Oak Grove 191 wants to use North Metro to do on-line meetings and it will cost a minimum of $5,000 192 per year. Neither Comcast nor Century Link showed up for the meeting. The upgrade is 193 alive and well. 194 195 4. Monthly Progress Report 196 197 Mayor Reinert recalled that the council requested the addition of North Metro Television 198 to this list. Administrator Karlson said he has spoken with North Metro Director Heidi 199 Arnson and other area administrators calling for discussion of making the government 200 channels more relevant. It means a change in how we approach use and could mean some 201 structural changes in what services they apply. He will have information for the progress 202 report based on what comes from that discussion. 203 204 Regarding the upgrade of the council chambers and community room, Administrator 205 Karlson said he has brought in an expert and will have additional information on design 206 options based on that preliminary discussion. 207 208 5. Review Regular Agenda- 209 210 Item 6A —Community Development Director Grachala will be adding a staff report 211 regarding special assessments for the Otter Lake Road project. 212 213 The other Community Development Department reports were reviewed briefly. 214 215 The meeting was adjourned at 7:55 p.m. 216 217 These minutes were considered, corrected and approved at the regular Council meet 218 October 24, 2016. 219 220 221 222 Ju iann Bartell, Ci Clerk 4Jeff ii, ayor 223 held on 5