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Home My WebLink About01-11-2021 Council Meeting Minutes COUNCIL MINUTES APRPOVED 1 2 LINO LAKES CITY COUNCIL 3 REGULAR MEETING 4 MINUTES 5 6 DATE : January 11 , 2021 7 TIME STARTED : 6: 30 p. m. 8 TIME ENDED : 7 :22 p. m. 9 MEMBERS PRESENT Councilmember Stoesz, Lyden, 10 Ruhland, Cavegn and Mayor Rafferty 11 MEMBERS ABSENT 12 13 Staff members present : City Administrator Sarah Cotton; Community Development Director 14 Michael Grochala; City Planner Katie Larsen; Public Services Director Rick DeGardner; Human 15 Resource Manager Meg Sawyer; City Clerk Julie Bartell 16 17 PUBLIC COMMENT 18 There were no public comments. j 19 SETTING THE AGENDA 20 The agenda was approved as presented. 21 CONSENT AGENDA 22 Councilmember Lyden moved to approve the Consent Agenda, Items IA through I as presented . 23 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 24 25 ITEM ACTION 26 Consideration of Expenditures : 27 A) January 11 , 2021 (Check No . 113646 through 113704) 28 in the Amount of $276, 534 .75 Approved 29 B) Consider Approval of December 28 , 2020 Council 30 Work Session Minutes Approved 31 C) Consider Approval of December 28 , 2020 Council 32 Minutes Approved 33 FINANCE DEPARTMENT REPORT 34 There was no report from the Finance Department, 35 ADMINISTRATION DEPARTMENT REPORT 36 3A) Consider Approval of Annual Appointments for 2021 — City Administrator Cotton noted 37 that the council annually approves a list of appointments and designations . She mentioned that the 38 council reviewed this year' s list at the last worksession and she noted changes fiom the previous 39 year. 1 COUNCIL MINUTES APPROVED 40 Carter Johnson, publisher of the Quad Community Press. The paper has served the City for many 41 years in the past and they are thrilled to be selected to continue that service. He noted the number 42 of people that the paper serves. He noted the commmunity resident guide they produce . They make 43 the paper available to anyone who requests and they reach twenty percent of the population. 44 Councilmember Cavegn moved to approve the list of appointments for 2021 . Councilmember Stoesz 45 seconded the motion. Motion carried on a voice vote. 46 B) Consider Appointment of Public Safety Record Technician — Meg Sawyer, Human 47 Resources Manager, reviewed the staff recommendation to appoint Jessica Crowe to this vacant j 48 position. Ms. Crowe' s qualifications and a review of the hiring process is included in the written staff 49 report. i 50 Councilmember Lyden moved to approve the appointment of Jessica Crowe as recommended . 51 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 52 PUBLIC SAFETY DEPARTMENT REPORT 53 There was no report fi•om the Public Safety Department. 54 PUBLIC SERVICES DEPARTMENT REPORT 55 5A) Public Hearing: Consider I" Reading of Ordinance No. 01 -21 Vacating Oaks of Lino (' 56 Park Property — Public Services Director DeGardner reported on his recommendation that the (; 57 council hold a public hearing on an ordinance that would vacate the Oaks of Lino Lakes property. 58 This vacation comes forward as a recommendation from the City' s Park Board. Mayor Rafferty 59 noted that he was in attendance when the Park Board discussed this matter. 60 Mayor Rafferty opened the public hearing. 61 There being no one present wishing to speak, the public hearing was closed. 62 Councilmember Stoesz moved to approve the V Reading of Ordinance No . 01 -21 as presented. 63 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 64 COMMUNITY DEVELOPMENT REPORT 65 6A) Consider Resolution No. 20431 Denying a Setback Variance for a Deck at 842 Lois 66 Lane - City Planner Larsen reviewed a PowerPoint presentation including information on : 67 Background that brings forward a request for a setback variance; 68 Review of City discussion of the matter; 69 Note that the state building code requirement calls for the setback; 70 Aerial map of the site and plan showing proposed deck, 71 The current deck is not legal; 72 Current zoning and setback requirement noted ; 73 What' s being proposed for construction — to keep or replace existing deck and extend that 74 structure; 75 Zoning Ordinance speaks to deck construction in two sections; 2 COUNCIL MINUTES APPROVED 76 An option was presented that would be allowed; 77 Findings of Fact were reviewed; 78 Staff and Planning and Zoning Board recommendation to deny the setback variance request. 79 Mayor Rafferty mentioned the grandfather rule; the applicant would be allowed to vary the current 80 setback requirement from current standards but not to the level he requests. 81 Brian Rydlund, 842 Lois Lake. He thanked the council for coming out to his property and looking its the council' s decision and the logic behind their vote. i 82 at the structure. He awaits g 83 Councilmember Ruhland asked if there is a variance in the full length of the deck to the lot line and 84 Mr. Rydlund said yes, but it is marginal 85 Councilmember Lyden explained his perspective. This deck has been present for thirty years and 86 there has never been a complaint or problem related to the structure. The issue of health and safety j 87 is being identified as the five foot setback. He has sent pictures of other properties (shown on '.. 88 screen) with thirteen feet between homes. If the question is safety (fire), his examples would present 89 the same issue . A picture of the applicant ' s property was shown with more space between. He 90 feels confident the neighbor' s will not be building a deck. 91 Councilmember Lyden moved to approve the variance but only with a minimum of ten feet distance 92 between structures to be maintained now and in the future . 93 Mayor Rafferty said he has visited the site several times and has looked from different views . He 94 feels that he must recognize that there are rules in place and they must be taken seriously. Is it 95 wrong for the applicant to come forward and request a variance — of course not. There is a way to 96 move forward in a modified manner. The mayor said he would not support a variance. 97 Councilmember Cavegn said he has visited the site as well. The applicant did not cause the problem 98 but yet the deck falls outside of regulations. He is concerned about how the City can prevent 99 something like this from happening again? The applicant is just trying to improve his property. loo City Planner Larsen noted that residents are encouraged to contact City Hall before projects. Ms. 101 Larsen added that the neighbor maintains the right to use their setback and it could impact the space 102 between properties. 103 Councilmember Stoesz remarked that he has concern that Councilmember' s Lyden motion would not 104 stay workable in the future. 105 Councilmember Stoesz moved to approve Resolution No . 20- 131 as presented. 106 Ruhland asked is it possible that the homeowner could have a structure that hinged up? Ms. Larson 107 said that would still be a structure and it would not comply. 108 Councilmember Ruhland seconded the Stoesz motion. 109 Councilmember Lyden argued that this is a question about one resident and one situation. If the 110 City can't work out something for this resident, that represents government being too large. The III council has an obligation to use common sense in making these decisions . 112 Motion carried on a voice vote. Councilmember Lyden recorded as voting no . 113 6B) Consider Resolution No. 20-02, Authorizing Preparation of Storm Water Utility 114 Feasibility Study - Community Development Director Grochala noted that the resolution authorizes 115 a study. He pointed out that the council has discussed this option and the elements of establishing a 3 COUNCIL MINUTES APPROVED 116 utility. WSB & Associates has submitted a proposal to prepare a feasibility study to be funded 117 through the storm water management fund . 118 Councilmember Stoesz asked when the budget impact of an established utility would occur. Staff 119 suggested that with the feasibility study planned for early this year, the utility could be place for 120 2022. 121 Councilmember Ruhland moved to approve Resolution No. 20-02 as presented. Councilmember 122 Cavegn seconded the motion. Motion carried on a voice vote. 123 UNFINISHED BUSINESS 124 There was no Unfinished Business. 125 126 NEW BUSINESS 127 There was no New Business. 128 129 COMMUNITY EVENTS 13o There were no events announced. 131 COMMUNITY CALENDAR 132 Community Calendar — A Look Ahead 133 January 11, 2021 through January 25, 2021 134 1* Tuesday, January 12 6:00 pm, Zoom Advisory Board Interviews 135 mb Wednesday, January 13 6:30 pm, Zoom Planning & Zoning Board 136 4L Thursday, January 14 6:00 pm, Zoom Advisory Board Interviews 137 4P Monday, January 18 CITY HALL CLOSED Martin Luther King 138 i6 Monday, January 25 6 :00 pm, Council Chambers Council Work Session 139 4 Monday, January 25 6:30 pm, Council Chambers City Council Meeting 140 141 ADJOURN 142 143 There being no further business, Councihnember Stoesz moved to adjourn at 7:22 p.m. 144 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 141 146 These minutes were considered and approved at the regular Council Meeting on January 25 , 2021 . 147 148 150 49 _n 150 151 nn Bartell, City Jerk �— R b Rafferty, Mayor 152 I 4