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HomeMy WebLinkAbout11-09-2020 Council Meeting MinutesCOUNCIL MINUTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 APPROVED LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE :November 9, 2020 TIME STARTED : 6:30 p.m. TIME ENDED : 8:00 P.M. MEMBERS PRESENT : Councilmember Stoesz, Lyden, Cavegn and Mayor Rafferty MEMBERS ABSENT : Councilmember Ruhland Staff members present: City Administrator Sarah Cotton; Director of Finance Hannah Lynch; Director of Public Safety John Swenson; Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Public Services Director Rick DeGardner; and City Clerk Julie Bartell The council meeting was held telephonically on the Zoom Meeting platform and as allowed by Minnesota Statutes 13D.021. PUBLIC COMMENT There were no public comments. SETTING THE AGENDA The agenda was approved as presented. zs CONSENT AGENDA 26 Councilmember Lyden moved to approve the Consent Agenda, Items I A through 1 D as presented. 27 Councilmember Stoesz seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — 28 Ruhland). 29 3o ITEM ACTION 31 Consideration of Expenditures: 32 A) Consideration of Expenditures: November 9, 2020 33 (Check No. 113270 through 113333) in the amount 34 of $565,936.81 Approved 35 B) Consider Approval of Oct 26, 2020 Work Session Minutes Approved 36 C) Consider Approval of Oct 26, 2020 Council Minutes Approved 37 D) Consider Approval of Oct 26, 2020 Closed Council Minutes Approved 38 FINANCE DEPARTMENT REPORT 39 A) Consider I5� Reading of Ordinance No. 07-20, Establishing the2021 City Fee Schedule 40 Finance Director Lynch explained that the fee schedule for the coming year is presented to the 41 council. Recommended amendments to the ordinance are noted in red and are recommended by L COUNCIL MINUTES APPROVED 42 staff as appropriate to to account for inflationary increases; they are generally consistent with 43 neighboring cities. The ordinance is presented for first reading. 44 45 Mayor Rafferty asked that the council review the proposed changes and fees and direct questions to 46 Finance Director Lynch previous to the second reading. 47 48 Mayor Rafferty asked about the fee for driveway replacement. The difference between a new 49 driveway and replacement was explained by Ms. Lynch. These are not new fees but they have been 50 adjusted. 51 52 When Mayor Rafferty asked how changes/fees are advertised, Community Development Director 53 Grochala explained how the fee schedule is accessible.. 54 Councilmember Stoesz moved to approve the 1" reading of Ordinance No. 07-20, as presented. 55 Councilmember Cavegn seconded the motion. Motion carried; Yeas, 4; Nays none. (Absent — 56 Ruhland) 57 3A) Consider Appointment of the Human Resources Manager —City Administrator Cotton 58 explained that staff is recommending that the council consider the appointment of Meg Sawyer to 59 the vacant Human Resources Manager position. Ms. Cotton explained Ms. Sawyer's qualifications 60 and background. 61 62 Mayor Rafferty remarked that this has been an extensive search and Ms. Sawyer is well qualified for 63 the position. 64 Councilmember Lyden moved to approve the appointment of Meg Sawyer as recommended. 65 Councilmember Stoesz seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — 66 Ruhland). 67 PUBLIC SAFETY DEPARTMENT REPORT 68 4A) Consider ls' Reading of Ordinance No. 08-20, Enacting Ordinance Regulating 69 Targeted Picketing in Residential Neighborhood —Public Safety Director Swenson explained 70 that if this ordinance is approved, a section would be added to the city code that would ensure and 71 protect the rights of residents and of those practicing free speech. This has been reviewed by the 72 City Attorney to ensure it is consistent with case law and the U.S. Constitution. 73 Councilmember Stoesz moved to approve the 1" reading of Ordinance No. 08-20, as presented. 74 Councilmember Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — 75 Ruhland). 76 PUBLIC SERVICES DEPARTMENT REPORT 77 There was no report from the Public Services Department. 78 COMMUNITY DEVELOPMENT REPORT 79 6A) Consider Resolution No. 20-128 Adopting the 2040 Comprehensive Plan —Community 80 Development Director Grochala reviewed past consideration and development of the City's 2040 81 Comprehensive Plan. COUNCIL MINUTES APPROVED 82 Landform Consultant Kendra Lindahl reviewed a PowerPoint presentation including information as 83 follows: 84 Citizen participation and input was very much included; 85 The plan was approved about a year ago for submission to the Metro Council; there were no 86 major changes to the document through that review; 87 The recommendation is to adopt a resolution adopting the Comprehensive Plan. 88 Next steps would be to amend the zoning ordinance to bring it into compliance. 89 Mayor Rafferty recalled that the process of updating the City's Comprehensive Plan began in 2017. 90 Staff with the help of Landform have put in much work. 91 Councilmember Stoesz said he noticed in the resolution that there is a reference to "Thrive MSP 2040" 92 and he wonders if that binds the City in any way; would the Plan be acceptable without that language? 93 Ms. Lindahl explained that the Thrive MSP 2040 document guides and provides foundation for the 94 City's plan; it doesn't bind the City in any way. 95 Councilmember Lyden echoed that this is a tremendous undertaking by the citizens, staff and 96 consultants. He has had his questions answered thoroughly by Mr. Grochala and he is comfortable 97 moving forward. 98 Councilmember Cavegn moved to approve Resolution No. 20-128, as presented. Councilmember 99 Stoesz seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — Ruhland). ] 00 6B) 2063 Palm Street Drainage and Utility Easement Vacation: i. Consider 2nd Reading of 101 Ordinance No. 05-20, Vacating Drainage and Utility Easement Lot 14, Block 2 of Northpointe 102 2nd Addition; ii. Consider Resolution No. 20432, Approving Summary Publication of 103 Ordinance No. 05-20 — City Engineer Hankee first noted that the property owner was present on 104 Zoom. The property owners are requesting vacation of a certain easement to allow the property owners 105 to construct a deck. The City is recommending approval of the vacation because there is adequate 106 easement remaining. 107 Councilmember Cevegn moved to dispense with the full reading of the ordinance as presented. l08 Councilmember Lyden seconded the motion. Motion carried: 1o9 Councilmember Stoesz moved to approve the 2"d Reading and adoption of Ordinance No. 05-20, as 110 presented. Councilmember Cavegn seconded the motion. Motion carried; Yeas, 5; Nays none. 111 Councilmember Stoesz moved to approve Resolution No. 20-132, as presented. Councilmember 112 Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent— Ruhland). 113 6C) 426 Pine Street: i. Consider Resolution No. 20-129 Approving a Conditional Use Permit 114 for Commercial Stables; ii. Consider Resolution No. 20-130 Approving a Conditional Use 115 Permit Termination Agreement — City Planner Larsen reviewed a PowerPoint presentation 116 including information on the following: 117 Land use (commercial stable purpose — riding club); 118 Three parcels (site location and aerial map); 119 History includes expired conditional use permits; 120 New conditional use permit would be required to increase allowance for animals; COUNCIL MINUTES APPROVED 121 Farm Animal zoning requirements were reviewed; 122 Proposal is for a conditional use that would allow for additional animals and maximize the 123 number with a waste management plan, 124 Wetland and floodplain are present on property and the applicant is working on any issues 125 regarding that element; 126 - Resolution includes findings of fact; 127 Planning and Zoning Board held a public hearing; one positive comment received from 128 adjacent neighbor; Board felt as long as management plan was in place they could recommend 129 approval. 130 Mayor Rafferty asked if an approval is appropriate without the MPCA approval in place? Ms. Larsen 131 explained that the property is allowed 12.5 animals and that would be the requirement if the MPCA 132 approval isn't in place within six months. 133 The property owner Chris Stowe asked about the former agreement. He has thirty five stalls and he'd 134 like to use them and also do some shows. He's trying to utilize the property as it was used originally. 135 City Planner Larsen explained that the 1986 conditional use permit has expired so any conditions 136 associated with that have gone away. The current ordinance is what the City uses for consideration 137 and the maximum number of animal units allowed is 25 and staff feels that to be an appropriate 138 maximum. 139 Mayor Rafferty received confirmation that the former conditional use permit expired recently or long 140 ago. Staff suggested it was mostly likely a long time ago. 141 Councilmember Stoesz remarked that BMX is included in the tourism Gateway literature and it isn't 142 appropriate. He supports this conditional use request and likes to see rural coming back to the city. 143 Councilmember Lyden said he wishes the applicant well in his plans. He noted a link to autism and 144 this project and the positive nature of horses and riding for autistic individuals. 145 Mr. Stowe noted that part of the plan is to provide a low cost option for housing horses that would 146 otherwise possibly be put down. 147 Councilmember Stoesz moved to approve Resolution No. 20-129, as presented. Councilmember 148 Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — Ruhland). 149 Councilmember Stoesz moved to approve Resolution No. 20-130, as presented. Councilmember 150 Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent— Ruhland). 151 6D) Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois 152 Lane — City Planner Larsen reviewed a PowerPoint presentation including information on: 153 Applicant requests a variance of setback to allow for a deck; 154 Site location map; neighboring property noted; 155 A deck was constructed at one point without a permit and it doesn't meet setback 156 requirements; 157 In 1990, the current property owner changed to a bit more setback but still not in 158 compliance; 159 Because this is not a legally constructed deck, an addition to the deck would not be allowed; COUNCIL MINUTES APPROVED 160 Proposed deck rendering was shown; 161 - There is opportunity to construct the staircase and walkway but not as proposed; 162 Neighbors have expressed support for the variance but that is not normally a formal part of 163 consideration; 164 Findings of fact were reviewed; 165 Planning and Zoning Board approved the staff recommendation to deny the variance request. 166 Councilmember Cavegn asked, if the property owners were not asking to build onto the deck, would 167 the they be required to remove the existing deck and Ms. Larsen suggested that expansion or 168 remodeling triggers the City's involvement. Historically the deck has never met the setback 169 requirement. 170 Councilmember Lyden said the owners are saying they want to reasonably keep what they have had. 171 Staff is doing their job. Rules exist for the public good but not just for the purpose of being a rule. 172 There must be some public good. The council is called to use discretion when that is necessary. 173 He is supporting the variance because the deck was not a problem when it was built in 1990. It did 174 not become an issue for thirty years so it's common sense to grant the variance now. He suggests 175 tabling the matter if everyone hasn't seen the situation in person. 176 Councilmember Cavegn said his concern is if a new neighbor came in and they had a problem and 177 one that would perhaps require removal of the deck. 178 Mayor Rafferty noted the guidelines are in place to create an avenue if there is concern and that 179 provides guidance to go forward. The property owner coming forward was not any wrongdoing but 180 the deck is not in compliance and when that was identified is not the issue. He has driven by and 181 has seen the deck from the street. 182 Councilmember Stoesz said he has not visited the property and Councilmember Cavegn said he did 183 not visit the site. Councilmember Lyden suggested that the matter be tabled until everyone sees the 184 situation. 185 The property owner, Brian Rydlund, spoke. He said they had two decks when the property was 186 purchased in 1991. They discovered the issue when they wanted to replace the decks. They are not 187 looking to build a walkway but to replace what they have. They want to keep what they reasonably 188 had and have used for thirty years (for safety, for siding project). What he asked of the Planning & 189 Zoning Board was only to replace what they currently have (not to expand). A five foot deck would 190 basically be useless. 191 Mayor Rafferty said he doesn't believe he will change his opinion but he is willing to table the 192 matter and allow time for a visit. The property owner said he would greatly appreciate that. 193 Councilmember Cavegn moved to table Resolution No. 20-131, as presented. Councilmember 194 Lyden seconded the motion. Motion carried: Yeas, 4; Nays none (Absent— Ruhland). 195 On the schedule for a project, the property owner noted the difficulty of purchasing decking and 196 wood and updated the council on where the project stands at current (all within requirements). The 197 matter doesn't have to come back in two weeks but Mayor Rafferty suggests that the 198 councilmembers visit before the snow flies. Perhaps a work session discussion would be the next 199 appropriate step. 200 Item 6E had been removed from the agenda prior to the meeting. COUNCIL MINUTES APPROVED 201 6F) NE Drainage Improvement Project: i. Consider Resolution No. 20433, Accepting 202 bids, Awarding a Construction Contract; ii. Consider Resolution No. 20-134, Approving 203 Construction Services Contract with WSB & Associates — City Engineer Hankee explained the 204 project that would provide a surface water outlet for a 1,300 acre area (NE quadrant). The project 205 conforms with a surface water plan. At current, the City has received bids and the low bidder was 206 noted. The contractor's work has been verified and they have been contacted to ensure they 207 understand what is involved for this project. They expect to begin at the begirming of January. The 208 project is funded through the City's Surface Water Management Plan. The bids fall within the 209 budget proposed. She reviewed the actions requested and explained specifics involved in 210 construction services management. 211 Councilmember Stoesz asked if there is anything that could happen that could change these plans 212 schedule wise (such as a change in the Governor's orders). Ms. Hankee suggested that currently 213 construction would be allowed but if something were to change that would be addressed. 214 Councilmember Stoesz asked how the construction area will be secured and Ms. Hankee did not 215 provide specifics but noted her experience on similar projects. 216 Councilmember Lyden moved to approve Resolution No. 20-133, as presented. Councilmember 217 Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — Ruhland). 218 Councilmember Cavegn moved to approve Resolution No. 20-134, as presented. Councilmember 219 Stoesz seconded the motion. Motion carried on a voice vote 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 UNFINISHED BUSINESS There was no Unfinished Business, NEW BUSINESS There was no New Business, COMMUNITY EVENTS There were no events announced. COMMUNITY CALENDAR Cnntmunity Calendar — A Look AHead November 9, 2020 through November 23, 2020 -4- Tuesday, November 10 6:30 pm, Virtual Zoom Meeting Planning & Zoning Board 4- Monday, November 23 6:00 pm, Virtual Zoom Meeting Council Work Session - Monday, November 23 6:30 pm, Virtual Zoom Meeting City Council Meeting ADJOURN The Council meeting was closed to discuss land acquisition for the NE Drainage Project under attorney client privilege (see separate minutes). There being no further business, the council adjourned at 8:21 p.m. These minutes were considered and approved at the regular Council Meeting on November 23, 2020. COUNCIL MINUTES 245 246 247 248 249 250 1 Rob Raff ty, Mayor 7