HomeMy WebLinkAbout06-22-2020 Council Work Session MinutesCITY COUNCIL WORK SESSION
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
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4 DATE June 22, 2020
5 TIME STARTED 5:30 p.m.
6 TIME ENDED 6:23 p.m.
7 MEMBERS PRESENT Council Member Stoesz, Lyden, RuhIand,
8 Cavegn and Mayor Rafferty
9 MEMBERS ABSENT : None
10 Staff members present: Finance Director Sarah Cotton; City Attorney Jay Squires;
11 Community Development Director Michael Grochala; Deputy Director of Public Safety
12 Police Kyle Liebel; Finance City Engineer Diane Hankee: Human Resources Manager
13 Karissa Bartholomew
14
15 L Nuisance Abatement — Community Development Director Grochala noted that
16 staff would like to update the council on a particular code compliance issue and the
17 nuisance abatement process. As far as code compliance issues, the City responds on a
18 request basis. If complaint is received, normally either the building inspector or the
19 Public Safety CSO will check the site and, if they find a violation, will notify the property
20 owner in writing about the violation and what they need to do to conform and a timeline
21 for completion. A follow up inspection is done. H progress is being made, the City will
22 work with the property owner. Ultimately if the work isn't done, the CSO will issue a
23 citation which goes to the court system and is prosecuted by the City's criminal attorney.
24 The court generally allows for additional time for compliance. The court process would
25 continue if compliance isn't reached.
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27 Director Grochala then noted the property under discussion (not identified in staff report
28 but information shown in the work session). The property has been an ongoing code
29 enforcement issue mainly dealt with by the Public Safety Department. It was scheduled
30 to go back to court a couple of months ago but that's been delayed due to COVIDI 9. A
31 hearing is now scheduled for July 7 with a jail sentence possible.
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33 Mayor Rafferty asked how long is given for a property owner to comply? Mr. Grochala.
34 explained that situations are different and, again, if the work is being attempted, the City
35 will work with the property owner and be flexible.
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37 Director Grochala then noted Chapter 903 of the Lino Lakes Code of Ordinances relating
38 to Nuisance Abatement. Under certain conditions, the code allows the City go onto
39 property and complete necessary work.
40
41 City Attorney Squires explained the legal process of abatement and assessment for costs.
42 The City's code provisions are pretty typical. Staff is presenting a situation that they
43 cannot correct themselves and would like the council to know the options. Under the
44 code there are three options: any violation is a criminal violation and this has been dealt
CITY COUNCIL WORK SESSION
APPROVED
45 with in that manner; option of requesting the court to bring a civil actions (probably not
46 this situation but best when there could be an issue of value of property later); and there is
47 the option of abatement by the City. Mr. Squires noted the internal hearing process
48 included in the abatement option. The council would receive a recommendation from a
49 hearing officer that they choose. An abatement process administered by staff would most
50 likely have a quicker action timeline and outcome. Mayor Rafferty suggested there is a
51 situation here, the council is aware of the problem and staff is being asked to solve the
52 problem. He would like to see information coming to the council. Regarding the
53 hearing officer process, Mr. Squires suggested that probably more than not, it isn't an
54 option in other cities. The code allows for decisions to be made by the council and that
55 in itself is process where people can be heard.
56
57 The council discussed if this is a typical issue that staff deals with and how long this
58 situation has lasted. Staff discussed that these can be perpetual problems whereby things
59 are cleared up and then issues reappear very quickly.
60
61 Councilmember Lyden remarked that he is focusing on the language in Chapter 903 and
62 some of its definition is subjective, especially when making a determination of a threat to
63 health and safety. City Attorney Squires said that is a valid question and it is important
64 to have a balanced view in consideration of the situation and also how it impacts others,
65 and that's why it's a decision left to the council. The mayor noted that neighbors can be
66 impacted and the City sees this. Councilmember Stoesz asked if the City is allowed to
67 use it's website to keep people updated on a problem property such as this, to provide
68 information for concerned residents. Community Development Director Grochala
69 remarked that complaint data is basically not public; he feels like the publicity element
70 could be seen as shaming.
71
72 Mr. Grochala noted that most of these situations go back to the City's regulations, be it
73 zoning, environmental, etc. He again noted that the court has indicated they will deal
74 with this in July. Mayor Rafferty remarked that the court is typically not going to act
75 severely against the property owner and so it tends to stretch out the process.
76
77 The council discussed the current status of the matter in court. Councilmember Ruhland
78 suggested he likes the idea of having something in place for the City to get. action.
79
80 City Attorney Squires offered to prepare information for the council on what other cities
81 do in the area of administrative enforcement. It was clarified that the City's legal costs
82 could be assessed if they involve dealing with a specific case but not discussing the code
83 in general.
84
85 Mayor Rafferty asked Attorney Squires for an update on the St. Clair Estates matter. Mr.
86 Squires explained that the developer was not in compliance with the City's requirements
87 and therefore work was ordered by the City and would be funded by the developer's letter
88 of credit. Mr. Squires said he wouldn't wish to discuss the details of the work. The
89 process is working itself out but in the meantime the developer has expressed his
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CITY COUNCIL WORK SESSION
90 dissatisfaction and continues to do so regularly. Mr. Squires explained that the situation,
91 in his opinion, has reached a point where the City should take the offensive and he is
92 exploring the option of gaining a court issued restraining order. He would like the
93 council's support to move in that direction. The council concurred.
94
95 2. Review Regular Agenda of June 22, 2020 —
96
97 Item 3A — Appointment of City Administrator — Human Resources Manager
98 Bartholomew reviewed her written report presenting the council with consideration of the
99 appointment of Sarah Cotton as the City's Administrator. She noted that Ms. Cotton has
100 accepted the City's offer for this position and council action would be the next step.
101
102 Item AC —Street Reconstruction Program —Community Development Director
103 Grochala noted that staff is requesting that the council hold a public hearing relative to
104 the proposed 2020-2024 Street Reconstruction Program. He will review the provisions
105 and schedule of the plan at the city council meeting. Mayor Rafferty confirmed that a
106 petition process would be required if residents are interested in adding sewer and/or water
107 utilities.
108
109 Item 6B —Nadeau Acres Grading Agreement —City Engineer Hankee explained that
110 the preliminary plat has been approved for this development and the developer is now
111 requesting authorization to begin grading. Proceeding with any site grading would be at
112 the developer's risk since the final plat has not been approved. She updated the council
113 on the status of area residents' questions about the development and how they have been
114 addressed.
115
116 Mayor Rafferty asked for an update on holding the advisory board meetings in the
117 chambers. Mr. Grochala explained limitations relating to the number of board members
118 and possible attendees.
119
120 The meeting was adjourned at 6:23 p.m.
121
122 These minutes were considered, corrected and approved at the regular Council meeting held on
123 July 13, 2020.
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128 Ju iann Bartell, City Cler
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