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HomeMy WebLinkAbout01-04-2010 Council Minutes CITY COUNCIL WORK SESSION January 4,2010 APPROVED CITY OF LINO LAKES 2 MINUTES ‘■■■■ 3 4 DATE : January 4, 2010 5 TIME STARTED : 5:40 p.m. 6 TIME ENDED : 8:15 p.m. 7 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, 8 Rafferty,Roeser and Mayor Reinert 9 MEMBERS ABSENT : None 10 11 12 Staff members present: Acting Administrator Dan Tesch; Community Development 13 Director Michael Grochala; City Engineer Jim Studenski; City Planner Paul Bengtson; 14 Economic Development Coordinator Mary Alice Divine; Director of Public Safety Dave 15 Pecchia; City Clerk Julie Bartell. 16 17 1. Snowmobile/ATV Regulations (per Reinert& O'Donnell) -Police Chief 18 Pecchia explained that one intent of the city's snowmobile/all terrain vehicle (ATV) 19 regulations are to keep these type of vehicles off the roadways when that is not 20 appropriate. It is not the intent to use the regulations to limit a neighbor's ability to assist 21 another neighbor with driveway plowing. While such an activity may in some cases 22 technically be a violation of the regulations it is important to keep in mind the spirit of the 23 law. He understands that council members were contacted with a question about 24 changing the regulations but he believes the concern at the heart of the matter is an 25 extension of a neighborhood conflict, one that has created a minimum of 65 calls to the 26 Police Department in the last few years. Chief Pecchia further explained that the 27 department will be bringing forward in the near future a proposal for regulations 28 regarding multiple calls to be considered as an ordinance by the council. 29 2. Legacy Update—Economic Development Coordinator Divine reported that staff 30 has met with representatives of OSM the current loan servicer of the Legacy property. 31 The investors are not interested in redeeming the property at this point so it is likely that it 32 will go into tax forfeiture. If the city is interested in taking the property, it can only do so 33 for a public purpose and that is probably not what the city wants to do. Other options are 34 to allow the property to go to public auction or possibility use a deed in lieu of forfeiture, 35 the latter being a lesser known option that staff is further investigating with legal 36 assistance. The current principal and interest on the taxes could be more than$6 million. 37 Community Development Director Grochala noted that there are some important 38 considerations involved in this property question. This is valuable property from many 39 standpoints—so how the land is held until it is developed is the basic question. While the 40 city does pick up forfeited properties each year,they are normally bought for a public 41 purpose. Regarding the idea of a deed in lieu of forfeiture,that process would eliminate 42 the forfeiture process with the city dealing with the county up front. The city has been 43 covering the debt service on the improvement bonds and that seems like a big burden but 1 CITY COUNCIL WORK SESSION January 4,2010 APPROVED 44 it is really no doubt just a matter of time before development occurs. Staff is asking for 45 the council's direction to work with Anoka County on a proposal for the property—a 46 proposal that staff could bring to the council for consideration. A deed in lieu of 47 forfeiture has been done with the county before but there would be some legal fees 48 involved. 49 The council asked to know more about the proposed deed in lieu process. What are the 50 pros and cons for example? Staff should report back at the next regular work session. 51 The council also heard from staff about the marketing that has been done by OSM. 52 3. 2030 Comprehensive Plan Update—Community Development Director 53 Grochala reported that the Metropolitan Council received the city's Comprehensive Plan 54 Update as proposed by the city council in August along with supplemental information 55 that was prepared as a result of some council modifications late in the process. The 56 Metropolitan Council in turn informed the city in December that they approved the plan 57 with some minor advisory comments. Staff is requesting council direction in proceeding 58 with the final approval of the Plan as required by law. 59 The Mayor noted that the Plan will need some"tweaking"before it is approved in a final 60 form—that has clearly been called for by the citizens. The objectives for change need to 61 be clear in any review process and a timeline for consideration should be included. He 62 recommends that the process begin with a review process in order to fully engage the new 63 council members. A special work session will be scheduled for that purpose. 64 5. Annual Appointments—Acting Administrator Tesch noted that each year the 65 council makes a number of appointments for different types of services and appointments. 66 The 2010 recommendations (with some areas open)were reviewed and the council 67 designations made as follows: 68 Acting Mayor—Dave Roeser 69 North Metro Telecommunication Commission—Jeff O'Donnell 70 Centennial Fire Steering Committee—Jeff Reinert& Kathi Gallup 71 Vadnais Lake Watershed District—Rob Rafferty and Jeff O'Donnell 72 County Corrections Program—Rob Rafferty 73 Joint Law Enforcement Committee—Rob Rafferty 74 6. Labor Agreements (from 12/28 meeting)—Acting Administrator Tesch reported 75 that staff was requested by the council to meet with the labor unions again, after the 76 tentative agreements were postponed by the council. He reported meeting informally 77 with some members but having accomplished no formal meetings;the timing was 78 somewhat hampered by the holiday season. He is recommending that the council hold a 79 closed council session in the near future to discuss the negotiations. 80 The council agreed to tentatively schedule a special session for Monday, January 11 at 81 5:30 p.m. 2 CITY COUNCIL WORK SESSION January 4, 2010 APPROVED 82 7. Retirement Incentive Question (from 12/28 meeting)—Acting Administrator 83 Tesch noted that the council has been questioned about the impact of the city's recent L 84 retirement incentive on an employee who voluntarily left city service prior to 85 implementation of the incentive program. Mr. Tesch explained that there was never any 86 intent to make the incentive retroactive and the window of time that the incentive would 87 cover was clearly defined and explained. He is recommending no variation from the 88 established period. 89 The council concurred, recalling that an incentive was not even under discussion during 90 the period in question. 91 8. City Administrator Search—Acting Administrator Tesch reported that the 92 council has indicated that they wish to reengage in the process for hiring a new city 93 administrator. There are five finalists identified and he is recommending that the council 94 look at dates in February to begin the interview process. 95 A council member indicated a preference for a process that allows for more open 96 questioning (not canned questions for each) as well as includes the opportunity to speak 97 with people who have worked with the candidates. 98 4. Home Occupation Ordinance Review—City Planner Bengtson reported that this 99 item is a review of the current home occupation regulations compared to the proposed 100 new regulations. In his written report he has tried to provide lots of comparative 101 information showing how regulations would change. The original goal for staff was to 102 amend the city's regulations in the area of home occupations based on the discovery in 103 the comprehensive plan update process that the regulations need review and perhaps 104 updating. He explained that the regulations are intended to focus on actual home 105 businesses—not day care, conditional uses, etc. The intent is to create a clear three-tiered 106 system that allows those who will not have external evidence of a home business to 107 operate without a permit but also allows those with a unique property(based on size, 108 zoning or frontage on an arterial)to have additional allowances. The discussions of the 109 Planning and Zoning Board on the subject resulted in some additions to the tier system as 110 outlined in the minutes included in the staff report. 111 The council's discussion included review of different circumstances and what tier would 112 apply. They clarified that there is no intent of the council to make home business more 113 difficult. 114 Mr. Bengtson noted that the reorganization of some other regulations in the area of 115 exterior storage and residential parking is included in the ordinance but not included in 116 this report to avoid confusion. 1 1 7 The council requested that staff report further at the next regular work session. 118 3 CITY COUNCIL WORK SESSION January 4, 2010 APPROVED 119 Review Regular Council Agenda 120 Item 6Ai - Resolution No. 10-03, Conditional Use Permit for Auto and Truck 121 Repair -Planner Bengtson explained that the city has received a request from the owner 122 of the property at 7317/7319 Lake Drive for additional conditional use permits to allow 123 the relocation of a motorcycle service and parts operation in a portion of the facility. Mr. 124 Bengtson reviewed how the criteria for granting of the conditional uses are/will be met 125 along with the conditions that would be included in the granting of a permit. He noted 126 that the Planning and Zoning Board has recommended approval of the request. 127 Item 6Aii—Resolution No. 10-01,Performance Agreement for 7317/7319 Lake Drive 128 - City Engineer Studenski explained that in conjunction with the request for additional 129 conditional uses at this site,there remains some requirements of the original conditional 130 use permit granted for the repair facility in 1997. Staff is recommending approval of a 131 performance agreement covering the work associated with those remaining requirements. 132 Item 6B—Resolution No. 10-02,Ordering Improvements and Preparation of Plans 133 and Specifications for Pine Street Paving Improvements - City Engineer Studenski 134 reported that staff is requesting that this item be removed from the council agenda. Staff 135 will continue to work on the joint powers agreement with the City of Columbus for this 136 project and will report back. 137 The mayor reminded staff that there are expectations of the residents on this street for 138 work to be done. 139 The meeting was adjourned at 8:15 p.m. 140 141 These minutes were considered, corrected and approved at the regular Council meeting held on 142 January 25, 2010. 143 144 145 146 147 Juliann Bartell, City Clerk • ert, Mayor 148 4