HomeMy WebLinkAbout09-06-2011 Council Minutes CITY COUNCIL WORK SESSION September 6,2011
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4 DATE : September 6,2011
5 TIME STARTED : 5:30 p.m.
6 TIME ENDED : 9:00 p.m.
7 MEMBERS PRESENT : Council Member Gallup, O'Donnell,
8 Roeser and Mayor Reinert
9 MEMBERS ABSENT : Council Member Rafferty
10
11
12 Staff members present: City Administrator Jeff Karlson, City Engineer JasonWedel,
13 Director of Finance Al Rolek, City Attorney Joseph Langel, Community Development
14 Director Michael Grochala, Public Services Director Rick DeGardner, Public Safety
15 Director John Swenson, City Clerk Julie Bartell
16
17 1. Fence at 1205 Buckthorn Lane—City Engineer Wedel explained that the owners of
18 the property at this address, Michael and Tracey Jansen, are interested in putting up a
19 fence around their property. They applied for a fence permit and a standard
20 encroachment agreement with that. When the application was reviewed by staff it was
21 determined that the property has certain easements that were included when the lot was
22 platted. The city has certain criteria related to the granting of encroachments and the
23 Jansen's request for a fence permit was administratively denied based on those criteria,
24 specifically the presence of underground utilities. Since the Jansen's are still interested in
25 pursuing a fence, staff did investigate the possibility of flexibility on placement however
26 that was not fruitful. They are currently requesting permission to construct a fence that
27 could be taken down at city request- a fence of a temporary nature. Staff is
28 recommending that a fence be installed only if it can meet city criteria.
29
30 Mr. Jensen told the council that he is considering not using cement posts but rather fence
31 post spikes instead; he has used them successfully in the past. They would be of a
32 temporary nature. He confirmed that there is not a homeowner covenant issue with the
33 fence.
34
35 When the mayor asked staff about the possibility of allowing a temporary structure, the
36 City engineer explained that it would be a deviation of what the city has required for
37 decades (encroachment criteria). Mr. Wedel also pointed out that there could be a
38 different owner down the line that wouldn't be in tune with a"special" agreement.
39 Community Development Director Grochala added that one concern in using the spikes is
40 that the underground pipes could actually be at different depths. When the mayor asked if
41 there are other cities allowing such temporary spikes, staff replied that they are not aware
42 of any.
43
44 The council discussed the issue of the corner of the property and the bike paths that meet
45 there; there is a visibility question also.
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CITY COUNCIL WORK SESSION September 6,2011
APPROVED
46
47 The mayor asked the council if they would like to consider an ordinance change overall to
48 allow this situation? He suggested that staff should look more specifically at what other
49 cities are doing in this area and review the possibility of allowing the use of fence spikes.
50
51 Mr. Jensen added that the fence is also a safety issue for his family as well as a matter of
52 privacy. He also has an issue that he cannot place a playset for his young children in the
53 yard if the fence isn't allowed as requested.
54
55 2. Paul Montain—Zoning Issue at 8122 80th Street—Community Development
56 Director Grochala recalled that the zoning issue at 8122 80th St was brought forward
57 through a complaint on the use of the property for a trucking business. Staff has
58 investigated the fertilizer company operations that are occurring on the property. The
59 property owners are contending that the use is agricultural and therefore allowed. Staff
60 has considered it to be a trucking business use and therefore not a permitted use. The
61 property owners appeared at a recent Open Mike and requested an opportunity to discuss
62 the situation at a council work session.
63
64 Paul Montain and Lloyd Drilling, owners of the property at 8122 80th Street, told the
65 council that they firmly believe the use at the site is agricultural and that it should be
66 allowed. The operations do involve trucks that are moving things around and the
67 operations are agriculture related. Mr. Montain pointed out that neither the city nor the
68 state of agriculture (and the operations involved) are the same as when the pertinent city
'''"' 69 law was drafted (in the 1980's). He is exclusively involved in agriculture and he expects
70 the rules to recognize that; otherwise they need to be properly changed. Furthermore he
71 was told by the city's former attorney, Mr. Hawkins, that the use is permitted.
72
73 Community Development Director Grochala clarified that the title of the land use district
74 may be confusing. It is not, in fact, intended to allow agricultural use. Perhaps a
75 clarification is what's needed. The mayor noted that it appears that the city may have to
76 revisit its ordinances in this area and figure out what makes sense for this situation and
77 others like it.
78
79 The mayor noted that the city has received a complaint relative to noise, number of
80 trucks, dust, etc. Staff confirmed that the concern is about the vehicles operating a
81 business out of the property and providing services to others. The mayor suggested that
82 staff should be looking at all like situations for reference and studying the overall issue
83 while being sensitive to business and agricultural needs.
84
85 City Attorney Langel suggested that the council should also focus on these ten acres and
86 the operations that are occurring there whereby a business is actually providing services
87 to others. Community Development Director Grochala suggested that it seems as if the
88 council wants to draw the line as far as use and would be interested in providing for a way
89 to operate a business such as this with some controls; perhaps a topic appropriately
90 discussed by the Planning and Zoning Board. Mr. Grochala added that, in the meantime,
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CITY COUNCIL WORK SESSION September 6,2011
APPROVED
91 there should be some discussion with the property owner about the nuisance concerns at
92 the property—those things that can be addressed outside of the use. Mr. Montain
93 indicated that he would get together with staff to work on those immediate concerns.
94
95 3. Charter Amendments—Administrator Karlson noted that the city received two
96 charter amendment proposals from the Lino Lakes Charter Commission. In order to
97 provide information to the council on these proposals,the city attorney has reviewed the
98 Chapter 1 amendment and the city's financial advisor, Ms. Terri Heaton of Springsted,
99 has reviewed the Chapter 7 amendment that relates to a tax cap. Their respective written
100 reports are included in the council packet.
101
102 City Attorney Langel reviewed his written report, noting that the council is being asked to
103 allow certain changes to the city charter (by a unanimous vote). Overall, he explained
104 that city charters are typically very straightforward documents. The proposed amendment
105 to Chapter 1 addresses how the Charter Commission may operate and not the city as
106 charters more appropriately do. He questions if that is appropriate. Further he explained
107 that charter commissions have only the powers granted to them by state statute; the
108 amendment appears to be an attempt to add authority and he questions if that authority
109 even exists. He noted that the proposed amendments do not appear to further effectuate
110 the exercise of governmental functions by the city which should be the primary purpose
111 of charter amendments.
112
113 Administrator Karlson reviewed Ms. Heaton's report on the Chapter 7 amendment,
*--- 114 noting that the report indicates that overall the concern is that certain restrictions may
115 impact the city's ability to meet financial obligations.. There is concern about the lack of
116 flexibility and the inability to allow corrections to meet economic demands. And one of
117 the biggest concerns is how the levy limit would be calculated since the language is
118 difficult to interpret. Ms. Heaton's memo also addresses questions about possible impact
119 on the city's credit rating.
120
121 A council member suggested that it is the council's job to decide what is needed for the
122 city and the proposal could be limiting as far as what happens when the economy turns
123 around; it could even leave a situation where the city may tax more than it needs.
124
125 The mayor noted that the city's chosen form of government is to elect officials who dig
126 into details and make decisions. He has been told by a charter commissioner that the
127 amendments were drafted by their attorney. The council should be receiving information
128 about the need for these amendments from the commission as well as from the city
129 attorney and financial analyst. The council should be open to the commission's
130 explanation. Without being able to understand the amendments, however, how can the
131 council act upon them?
132
133 City Attorney Langel noted that the council does not have authority to change the
134 language of the amendments; any change would have to be resubmitted.
135
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CITY COUNCIL WORK SESSION September 6,2011
APPROVED
136 The council requested that the Charter Commission Chair and Vice chair be invited to
137 attend the public hearing on the amendments.
138
139 4. Discuss Current Conservation Water Rate Structure—The mayor noted that he
140 requested a discussion about the City's water rate structure. He recalled that the council
141 previously received a study on water rates, was asked to change the rate structure and did
142 so. However the impetus of the change was to impact use and he doesn't believe that has
143 happened. He still has a concern; Lino Lakes is a family oriented community and the new
144 rate structure seems to punish families. He suggests that a plan that encourages water
145 conservation is a better way to address the situation.
146
147 City Engineer Wedel explained that in 2008 the Minnesota Department of Natural
148 Resources required a tiered rate structure in order for the City to keep its authority to
149 continue with new wells. The idea at that time wasn't to penalize families but to get at
150 the "big irrigators". There is benefit to the city in conservation because infrastructure
151 costs can be avoided (much infrastructure is built to serve peak times). Is the new tiered
152 rate structure working? He suggested that it is difficult to say since this has been a year
153 of lots of rain and the economy is down. He provided a chart indicating rate variations in
154 other cities—he doesn't think the City is out of line with other communities. Tim
155 Hillesheim, Utilities Supervisor for the City, explained that he doesn't think that families
156 are punished by the rates because 95% of the city's residential water users consume
157 30,000 or less (remaining in the lower rate). He added that the city has not been able to
158 see the result of the rate change because the past two summers have been wet. Mr.
'"-- 159 Wedel remarked that the city could certainly review the rate structure in 2012 if that's the
160 council's desire. Public Service Director DeGardner distributed additional information
161 indicating that over 99% of Lino Lakes' families fall within the first two tiers (lowest) of
162 the rate structure in the winter and that 82% of Lino Lakes families fall within the first
163 two tiers in the summer. The city is doing what it can to keep from having to add more
164 very expensive infrastructure that will in fact raise rates.
165
166 The mayor thanked staff for the discussion. He'd like to take a look at the rate structure
167 again in 2012 to ensure fairness.
168
169 5. Comprehensive Plan Update—Community Development Director Grochala
170 recalled that in May of 2011 the council gave preliminary approval to the 2030
171 Comprehensive Plan and it was approved by the Metropolitan Council with authorization
172 to put the Plan into effect. At this point it is back to the council for final Plan approval.
173 He has attempted, in his staff report, to identify the major changes to the Plan over the
174 past few years, including decreasing the amount of units forecast in the next twenty years,
175 reduction of the affordable housing goal, and modifications to the utility staging plan by
176 dividing the staging areas into five year phases. In addition the council modified the Plan
177 to reintroduce an annual average new housing growth benchmark, limit city financial
178 assistance to meet regional housing goals, modify residential development densities and
179 reduce net residential density proposed. When the Plan is approved as final by the
180 council, staff will begin the process of updating the city's official controls such as the
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CITY COUNCIL WORK SESSION September 6, 2011
APPROVED
181 zoning and subdivision ordinances as well as begin implementation of the Special Area
182 Management Plan to streamline administration of wetland conservation in conjunction
183 with the Rice Creek Watershed District.
184
185 The council requested that staff place the resolution approving the Plan on the next
186 council agenda.
187
188 6. Weekly Progress Report- Administrator Karlson reviewed the written report.
189 Regarding the ECFE lease, he noted that he has now spoken with the school district
190 superintendent and has set up a meeting to discuss the lease and the potential for
191 revisions. The council recommends a dual process—market the property while
192 negotiations continue with the school district.
193
194 A council member noted a letter received from the owner of Lakes Liquor regarding
195 banners. That matter should be remanded back to the Planning & Zoning Board (banners
196 on buildings) and followed as part of the Weekly Progress Report.
197
198 A council member also noted the surly brewing legislation recently approval by the state
199 that allows certain brewery operations. The council member has passed some
200 information on to staff and suggests following the possibility of competing for an
201 operation in the city. That matter as well should be added to the Weekly Progress Report.
202
203 7. Review Sept. 12 Council Agenda- Regarding the agenda, the Mayor requested
204 that the resolution honoring U.S. Constitution Week be removed from the Consent
205 Agenda and added as a special presentation.
206
207 Regarding the preliminary budget adoption, Finance Director Rolek reviewed an updated
208 budget gap worksheet (based on directions from the last budget work session) and
209 indicated that the result of those changes is a reduction to the levy of$432,741. That is
210 reflected in the resolutions in the council packet.
211
212 Regarding the Administration report, Administrator Karlson noted the resolution that
213 institutes a severance package for employees impacted by the pending position
214 eliminations (that will be coming to the council on September 26). The council
215 recommended that the severance package be increased to 12 weeks in consideration of the
216 difficult job market.
217
218 The meeting was adjourned at 9:00 p.m.
219
220 These minutes were considered, corrected and approved at the - ular Counc't ••-eting held on September
221 26,2011.
222
223
224 Julia e Bartell, Ci Clerk Jeff R: - , Mayor
225
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