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HomeMy WebLinkAbout07-08-2019 Council Meeting MinutesCOUNCIL MINUTES July 8, 2019 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE July 8, 2019 6 TIME STARTED 6:30 p.m. 7 TIME ENDED 8:20 p.m. 8 MEMBERS PRESENT Council Member Rafferty, Maher, 9 Manthey, Stoesz and Mayor Reinert 10 MEMBERS ABSENT 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; Finance Director Sarah Cotton; Director of Public Safety John Swenson; Human Resources 14 Manager Karissa Bartholomew; City Planner Katie Larsen; and City Clerk Julie Bartell 15 16 Mayor Reinert commented on the Council's practice of saying the Pledge of Alliegence. He's heard 17 of some city's that are ending that practice. He would like the council to discuss an action adding the 18 pledge to the code of ordinances so that future council's would have to vote to end the practice. 19 20 PUBLIC COMMENT 21 22 No one was present to address the council regarding a matter not on the agenda. 23 24 SETTING THE AGENDA 25 26 The agenda was approved as presented. 27 28 CONSENT AGENDA 29 30 Council Member Maher moved to approve the Consent Agenda, Items I through 1F, as presented. 31 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 32 33 ITEM ACTION 34 35 Consideration of Expenditures: 36 37 July 8, 2019 (Check No. 110513—110597, 38 in the amount of $329,432.84) Approved 39 40 June 24, 2019 Council Work Session Minutes Approved 41 42 June 24, 2019 City Council Meeting Minutes Approved 43 44 June 24, 2019 Special Council Minutes Approved 45 1 COUNCIL MINUTES July 8, 2019 APPROVED 46 Consider Approval of Resolution No. 19-80, Approving 47 A Temporary On -Sale Liquor License and Special Event 48 Permit for American Legion Blue Heron Days Approved 49 50 Consider Approval of Resolution No. 19-87, Approving 51 A Special Event Permit for Waldoch Farms Sunflower 52 Festival Approved 53 54 FINANCE DEPARTMENT REPORT 55 There was no report from the Administration Department. 56 57 ADMINISTRATION DEPARTMENT REPORT 58 3A) Consider Resolution No. 19-83, Approving Settlement Agreement with CenturyLink — 59 Administrator Karlson reviewed his written staff report. The City has notified CenturyLink of its 60 contractual obligation to continue build out of the cable system in the City. Since CenturyLink does 61 not intend to expand cable services, they have agreed to enter into a settlement agreement relative to 62 the matter. Mr. Karlson reviewed the terms of the settlement agreement. 63 64 Council Member Maher asked if the agreement has been reviewed by the City Attorney. Mr. Karlson 65 explained that the legal counsel for North Metro Television has reviewed the document. 66 Council Member Stoesz moved to approve Resolution No. 19-83 as presented. Council Member 67 Rafferty seconded the motion. Motion carried on a voice vote. 68 3B) Consider Appointment of Accounting Clerk/ Utility Billing —Human Resources Manager 69 Bartholomew reviewed her written report. She explained the process used to bring forward the 70 recommendation as well as the salary and terms of the proposed employment. 71 72 Council Member Stoesz asked how long before Ms. Christofferson completes her Associates degree? 73 Ms. Bartholomew said she believes she is halfway through that education. 74 Council Member Maher moved to approve the appointment of Katie Christofferson as recommended. 75 Council Member Manthey seconded the motion. Motion carried on a voice vote 76 77 PUBLIC SAFETY DEPARTMENT REPORT 78 4A) Consider acceptance of donation from The Patriot Ride —Public Safety Director Swenson 79 asked for council's approval to accept a donation from the organizers of The Patriot Ride. He called 80 forward Jim Woodruff representing the Patriot Ride, who presented a check in the amount of $500 for 81 services provided for the 14tn Annual Ride. Mr. Woodruff explained that the event was a great 82 success, with no incidents, and they are thankful for the assistance of the area police departments. 83 Public Safety Director Swenson explained that, in year's past, the department has used the donation to 84 support volunteer work and activities. 2 COUNCIL MINUTES July 8, 2019 APPROVED 85 Council Member Rafferty moved to accept the donation as recommended. Council Member Maher 86 seconded the motion. Motion carried on a voice vote 87 88 PUBLIC SERVICES DEPARTMENT REPORT 89 There was no report from the Public Services Department. 90 91 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 92 93 6A) Consider Resolution No. 19-75 Denying a Variance for Curb Cut/Driveway Width for 94 6626 Enid Trail — City Planner Larsen reviewed information on the request: 95 - Applicant for variance from driveway width (current); 96 - Building was done by Sharper Homes and the Certificate of Survey shows the proper width 97 from curb cut to property line; 98 - It came to the City's attention that the width as constructed was not proper; 99 - Home was purchased during winter conditions; 100 - Noted that the driveway distance is lengthy but that doesn't impact the width requirement; 101 - Other newly constructed homes in the vicinity are in compliance; 102 - Photos shown of home and driveway; 103 - Council and Planning & Zoning has discussed driveway width regulations; 104 - Staff recently sponsored a builders workshop to educate builders on regulations and plan 105 compliance; noted that this home was built before that workshop; 106 - Staff hasn't found any hardship warranting a variance in this case. 107 108 Ms. Larsen noted that both the Planning and Zoning Board and staff are recommending denial of the 109 variance request. 110 111 Mayor Reinert noted that sometime during construction someone made a decision to not follow the 112 approved plans. He asked if the street set back (larger than usual) is a consideration and Ms. Larsen 113 explained why it is not. 114 115 Council Member Manthey noted that the size of non-compliance is much larger than situations where 116 the City has considered a variance. 117 118 Adam Neeck, property owner, addressed the council. Mr. Neeck and his wife noted the amount of 119 activities involved in building a new home and that when the driveway was put in they had no idea it 120 wasn't in compliance. He has reviewed the City's ordinance and he doesn't see that the reasons for 121 the regulations actually apply in this case. The comparable driveway that was shown by staff isn't 122 identical; with their property the driveway isn't straight and was designed to be functional. 123 124 Mayor Reinert noted that he'd argue the same points he's hearing if it was his properly. The council, 125 however, has to consider the specific definition provided to them because every variance granted 126 essentially sets a precedent the council will have to live with in the future. He explained that the 127 council asked the Planning and Zoning Commission to look at regulation changes for driveway width 128 and they did not recommend any change. He sees that the builder or someone they hired did the 3 COUNCIL MINUTES July 8, 2019 APPROVED 129 project wrong. He thinks a discussion about regulation change for four car garages may be merited 130 and asked staff about that question. 131 132 Community Development Director Grochala suggested that it would be unique to look at width 133 regulations related to garage size. The City's regulations are based on the desire to have a uniform 134 width for driveways at the public area. Ms. Larsen recalled the Planning & Zoning Board's 135 discussion of that subject and their expressed desire for no change. Mr. Neeck argued that shrinking 136 the driveway would make this barely functional situation not functional for him and use of his truck. 137 138 Council Member Manthey asked what their builder is saying. Mr. Neeck explained that they have 139 offered to cut the driveway to compliance; as the property owners they are concerned about how that 140 will look and the change in irrigation that is required. 141 142 Mayor Reinert remarked that granting a 30% variance allowance would probably be irresponsible for 143 the council, especially for the precedent it would set. Mayor Reinert asked about changing the right 144 of way and Mr. Grochala explained that such a change would make the lot non -compliant and require 145 a different variance. Mayor Reinert suggested that should still be looked at. 146 147 The property owners asked what would be a reasonable time to come into compliance if the council 148 denies the variance. Mr. Grochala suggested that staff will work with them but he believes October 149 would be reasonable. l50 151 The property owners asked about the escrow balance; will there be a refund? Staff will do an 152 accounting of the costs and the escrow account. Mr. Grochala explained that a vacation process 153 would also require escrow and costs. Mayor Reinert suggested staff look at the general possibility 154 and only look at escrow costs if there is a clear benefit to only this property. 155 156 Council Member Rafferty moved to approve Resolution No. 19-75 as presented. Council Member 157 Manthey seconded the motion. Motion carried on a voice vote. 158 6B) Consider Resolution No. 19-76 Denying a Variance for Impervious Surface Coverage for 159 6650 Enid Trail —City Planner Larsen reviewed information related to the variance request: 160 - Sharper Homes, the builder, is the applicant for a variance; 161 - Map shown of area and as well as proposed home; 162 - Shoreland management regulations come into play; 163 - Applicant's request was considered by Planning and Zoning Board and the Minnesota 164 Deaprtment of Natural Resources (DNR); all, including staff, recommend denial; 165 - Staff believes the proposed house is too large for the lot. 166 Mayor Reinert remarked that the DNR is recommending denial and, even if the council allows the 167 variance, there would still be DNR authorization required. Ms. Larsen said they have met with the 168 DNR and don't expect they would consider such a large change but they do have a review process. 169 Ms. Larsen explained that the findings to allow a variance do not appear to be present. 0 COUNCIL MINUTES July 8, 2019 APPROVED 170 Council Member Maher asked if this is the builder or are they asking to build this for someone. Ms. 171 Larsen explained that Sharper Homes has a client that is interested in building the home. 172 Council Member Manthey recalled the councs review of the plans for the development and lots of 173 discussion about the size that would be allowed. 174 Karen Clark, Sharper Homes, said she is representing a client. She explained that she is under contract 175 with that client for the plans because they didn't know the reuglations existed. She pointed out that 176 there are other homes with similiar lay out. She is proposing to include a pervious driveway and 177 sidewalk and include a rain garden in the back, the inclusion of which would bring the lot into 178 compliance. 179 180 Staff responded that the first question has to be findings that are relevant and they are not present. She 181 acknowledged that there are homes that are over 30% but not to the extend of this request. 182 183 Ms. Larsen noted the issue of drainage impacts. 184 Council Member Stoesz moved to approve Resolution No. 19-76 as presented. Council Member 185 Manthey seconded the motion. Motion carried on a voice vote. 186 6C) i. Consider 2nd Reading and Adoption of Ordinance No. 08-19, Vacating Right -of --Way, 187 Drainage and Utility Easement, Saddle Club 411 Addition — City Engineer Hankee reviewed the 188 written staff report. The easement proposed to be vacated is not needed for the final plans. 189 Council Member Manthey moved to waive the full reading of Ordinance No. 08-19 as presented. 190 Council Member Stoesz seconded the motion. Motion carried on a voice vote. 191 192 Council Member Maher moved to approve the 2nd Reading of and Passage of Ordinance No. 08-19 as 193 presented. Council Member Manthey seconded the motion. Motion carried; Yeas, 5; Nays none. 194 195 ii) Consider Resolution No. 19-82, Approving Summary Publication of 196 Ordinance No. 08- 19 197 Council Member Manthey moved to approve Resolution No. 19-82 as presented. Council Member 198 Stoesz seconded the motion. Motion carried on a voice vote. 199 200 6D) Public Hearing, Consider Resolution No. 19-85, Approving Tax Increment Financing 201 Plan for District 143)- Community Development Director Grochala reviewed the written report, 202 inclusing information on: 203 - Council's previous actions relative to the Lyngblomsten development; 204 - Elements of the proposed development; 205 - Goals to be achieved with the development; 206 - Application for public assistance in the form of tax increment financing; 207 - Plan is required in order to consider that type of assistance; 208 - Another requirement relates to type of housing and that is met. 209 5 COUNCIL MINUTES July 8, 2019 APPROVED 210 Mikeala Huot, Baker Tilly, reviewed information on the proposed tax increment financing plan: 211 - Explanation of tax increment financing, including requirements for fixed term; 212 - Chart showing how increment is distributed; 213 - Visual explanation of how a tax increment district is created; 214 - Elements included in a plan; 215 - What drives the need for public financing assistance; 216 - Types of tax increment financing districts and what costs can be included; 217 - Elements of the district (District No. 1-13) that is now proposed (including map); 218 - Term of proposed plan; 219 - Estimated budget of expenditures and revenues (discussion on values is still underway with 220 Anoka County but they are comfortable with estimates); 221 - Increment estimate is $3.7 million; 222 - Notifications to County and impacted school district is required (estimated impacts noted); 223 - Next steps (Economic Development Authority) reviewed. 224 225 Ms. Huot explained that a public hearing is required. 226 227 Mayor Reinert asked if there is an updated valuation from Anoka County. Ms. Huot said she spoke 228 with the county assessor today and they are currently working on that updated value. The county did 229 state that they feel the current estimates will be in the same ballpark as their valuation. The mayor 230 asked if the plan can be updated based on new valuation data and Mr. Grochala said a change in 231 valuation would not impact the plan. Ms. Huot said the plan presented is conservative. 232 233 Mayor Reinert asked about the audit element (construction costs) that the council requested. Ms. 234 Huot noted that the plan is before the council tonight; the contract will be considered by the EDA and 235 that would include details. 236 237 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 238 hearing was closed. 239 240 Council Member Manthey remarked that the council has had many discussion and much review of 241 this proposal. 242 243 Council Member Manthey moved to approve Resolution No. 19-85 as presented. Council Member 244 Stoesz seconded the motion. Motion carried on a voice vote. 245 246 UNFINISHED BUSINESS 247 248 There was no Unfinished Business. 249 25o NEW BUSINESS 251 252 There was no New Business. 253 254 COMMUNITY EVENTS 0 COUNCIL MINUTES July 8, 2019 APPROVED 255 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, July 20 from 256 10:00 a.m. to 2:00 p.m. 257 258 FAMILY CORN ROAST & COMMUNITY NIGHT will be held Thursday, July 251h, from 5:30 — 259 8:00 p.m. at Sunrise Park. Entertainment, food and family fun, including a bounce house, face 260 painting, spin art, carnival games and more. Free music by Stimulus Package. 261 262 COMMUNITY CALENDAR (DATES): 263 Community Calendar — A Look Ahead 264 July 08, 2019 through July 22, 2019 265 4- Wednesday, July 10 6.30 pm, Council Chambers Planning & Zoning 266 4- Monday, July 22 6:00 pm, Community Room Council Work Session 267 4. Monday, July 22 6:30 pm, Council Chambers City Council Meeting 268 269 ADJOURN 270 271 There being no further business, Council Member Maher moved to adjourn at 8:20 p.m. Council 272 Member Manthey seconded the motion. Motion carried. 273 274 These minutes were considered and approved at the regular Council Meeting on 22, 2019,. 275 276 277 278 fit 1 279 Julianne artell, City Cler Jeff I eitidrt, Mayor 280 7