HomeMy WebLinkAbout11-09-2020 Council Meeting MinutesCOUNCIL MINUTES
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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.
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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.
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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.
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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.
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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
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Farm Animal zoning requirements were reviewed;
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Proposal is for a conditional use that would allow for additional animals and maximize the
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number with a waste management plan,
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Wetland and floodplain are present on property and the applicant is working on any issues
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regarding that element;
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- Resolution includes findings of fact;
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Planning and Zoning Board held a public hearing; one positive comment received from
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adjacent neighbor; Board felt as long as management plan was in place they could recommend
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approval.
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Mayor Rafferty asked if an approval is appropriate without the MPCA approval in place? Ms. Larsen
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explained that the property is allowed 12.5 animals and that would be the requirement if the MPCA
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approval isn't in place within six months.
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The property owner Chris Stowe asked about the former agreement. He has thirty five stalls and he'd
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like to use them and also do some shows. He's trying to utilize the property as it was used originally.
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City Planner Larsen explained that the 1986 conditional use permit has expired so any conditions
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associated with that have gone away. The current ordinance is what the City uses for consideration
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and the maximum number of animal units allowed is 25 and staff feels that to be an appropriate
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maximum.
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Mayor Rafferty received confirmation that the former conditional use permit expired recently or long
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ago. Staff suggested it was mostly likely a long time ago.
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Councilmember Stoesz remarked that BMX is included in the tourism Gateway literature and it isn't
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appropriate. He supports this conditional use request and likes to see rural coming back to the city.
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Councilmember Lyden said he wishes the applicant well in his plans. He noted a link to autism and
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this project and the positive nature of horses and riding for autistic individuals.
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Mr. Stowe noted that part of the plan is to provide a low cost option for housing horses that would
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otherwise possibly be put down.
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Councilmember Stoesz moved to approve Resolution No. 20-129, as presented. Councilmember
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Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent — Ruhland).
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Councilmember Stoesz moved to approve Resolution No. 20-130, as presented. Councilmember
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Cavegn seconded the motion. Motion carried: Yeas, 4; Nays none (Absent— Ruhland).
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6D) Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois
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Lane — City Planner Larsen reviewed a PowerPoint presentation including information on:
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Applicant requests a variance of setback to allow for a deck;
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Site location map; neighboring property noted;
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A deck was constructed at one point without a permit and it doesn't meet setback
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requirements;
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In 1990, the current property owner changed to a bit more setback but still not in
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compliance;
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Because this is not a legally constructed deck, an addition to the deck would not be allowed;
COUNCIL MINUTES
APPROVED
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Proposed deck rendering was shown;
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- There is opportunity to construct the staircase and walkway but not as proposed;
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Neighbors have expressed support for the variance but that is not normally a formal part of
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consideration;
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Findings of fact were reviewed;
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Planning and Zoning Board approved the staff recommendation to deny the variance request.
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Councilmember Cavegn asked, if the property owners were not asking to build onto the deck, would
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the they be required to remove the existing deck and Ms. Larsen suggested that expansion or
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remodeling triggers the City's involvement. Historically the deck has never met the setback
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requirement.
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Councilmember Lyden said the owners are saying they want to reasonably keep what they have had.
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Staff is doing their job. Rules exist for the public good but not just for the purpose of being a rule.
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There must be some public good. The council is called to use discretion when that is necessary.
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He is supporting the variance because the deck was not a problem when it was built in 1990. It did
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not become an issue for thirty years so it's common sense to grant the variance now. He suggests
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tabling the matter if everyone hasn't seen the situation in person.
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Councilmember Cavegn said his concern is if a new neighbor came in and they had a problem and
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one that would perhaps require removal of the deck.
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Mayor Rafferty noted the guidelines are in place to create an avenue if there is concern and that
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provides guidance to go forward. The property owner coming forward was not any wrongdoing but
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the deck is not in compliance and when that was identified is not the issue. He has driven by and
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has seen the deck from the street.
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Councilmember Stoesz said he has not visited the property and Councilmember Cavegn said he did
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not visit the site. Councilmember Lyden suggested that the matter be tabled until everyone sees the
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situation.
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The property owner, Brian Rydlund, spoke. He said they had two decks when the property was
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purchased in 1991. They discovered the issue when they wanted to replace the decks. They are not
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looking to build a walkway but to replace what they have. They want to keep what they reasonably
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had and have used for thirty years (for safety, for siding project). What he asked of the Planning &
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Zoning Board was only to replace what they currently have (not to expand). A five foot deck would
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basically be useless.
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Mayor Rafferty said he doesn't believe he will change his opinion but he is willing to table the
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matter and allow time for a visit. The property owner said he would greatly appreciate that.
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Councilmember Cavegn moved to table Resolution No. 20-131, as presented. Councilmember
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Lyden seconded the motion. Motion carried: Yeas, 4; Nays none (Absent— Ruhland).
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On the schedule for a project, the property owner noted the difficulty of purchasing decking and
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wood and updated the council on where the project stands at current (all within requirements). The
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matter doesn't have to come back in two weeks but Mayor Rafferty suggests that the
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councilmembers visit before the snow flies. Perhaps a work session discussion would be the next
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appropriate step.
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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
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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.
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Rob Raff ty, Mayor
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