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Home My WebLink About08-09-2021 Council Meeting MinutesCOUNCIL MINUTES APPROVED 1 2 LINO LAKES CITY COUNCIL 3 REGULAR MEETING 4 MINUTES 5 6 DATE August 9, 2021 7 TIME STARTED 6*30 p.m. 8 TIME ENDED 8:00 p.m. 9 MEMBERS PRESENT Councilmember Stoesz, Lyden, l0 Ruhland, Cavegn and Mayor Rafferty 11 MEMBERS ABSENT 12 13 Staff members present: City Administrator Sarah Cotton; Community Development Director 14 Michael Grochala; Public Safety Director John Swenson; City Planner Katie Larsen; City Attorney 15 Jay Squires; Human Resources Manager Meg Sawyer 16 17 PUBLIC COMMENT 18 There were no public comments. 19 SETTING THE AGENDA 20 The agenda was approved as presented. 21 SPECIAL PRESENTATION 22 American Legion Post 566 representatives presented award as follows: 23 - Lino Lakes Police Officer of the Year —Nathan Hamann 24 - Lino Lakes Firefighter of the Year —Paul Kartman 25 CONSENT AGENDA 26 Councilmember Stoesz moved to approve the Consent Agenda, Items 1 A through 1 D as presented. 27 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 28 29 ITEM ACTION 30 Consideration of Expenditures: 31 A) August 9, 2021, (Check No. 114781 - 114869) in the amt 32 of $931,935.53 Approved 33 B) Consider Approval of July 26, 2021 Council 34 Work Session Minutes Approved 35 C) Consider Approval of July 26, 2021 Council 36 Minutes Approved 37 D) Consider Approval of July 26, 2021 Special Work 38 Session Minutes Approved COUNCIL MINUTES APPROVED 39 FINANCE DEPARTMENT REPORT 40 There was no report from the Finance Department. 41 ADMINISTRATION DEPARTMENT REPORT 42 3A) Consider Appointment of Communications Specialist — Human Resources Manager Meg 43 Sawyer reviewed her written report. Staff is recommending the appoinment of Andrea Turner to 44 this new position. She reviewed Ms. Turner's education and qualifications and noted the proposed 45 starting wage. 46 Councilmember Stoesz moved to approve the appointment of Andrea Turner as recommended. 47 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 48 3B) Compensation Plan for Paid On -Call Fire Personnel, Consider Resolution No. 21-84 49 Compensation Plan for Paid On -Call (POC) Fire Personnel - Human Resources Manager 50 Sawyer reviewed her written report recommending a compensation plan for POC fire personnel. 51 She reviewed the council's previous salary actions for these positions. The recommendation for a 52 new wage scale and years of service wages is based on study of area wages and the ability to recruit 53 and maintain. Staff also recommends that the wage scale be reviewed every two years going 54 forward. Mayor Rafferty noted that this wage scale has been discussed over the past year and he 55 welcomes the recommended changes. 56 Councilmember Cavegn moved to approve Resolution No. 2144 as presented. Councilmember 57 Ruhland seconded the motion. Motion carried on a voice vote 58 PUBLIC SAFETY DEPARTMENT REPORT 59 There was no report from the Public Safety Department. 60 PUBLIC SERVICES DEPARTMENT REPORT 61 There was no report from the Public Services Department. .� Kfi7►� 1NA 111►1 Y 11'/ 17 ATA N1[�7�► 1�►1f 71 7�Z�]�Y 63 6A) Public Hearing, Consider First Reading of Ordinance No. 07-21, Establishing a Storm 64 Water Utility —Community Development Director Grochala introduced Bob Barth of WSB & 65 Associates to review the proposed establishment of a storm water utility. Mr. Grochala noted the 66 purpose of a system — to treat storm water runoff from impervious service through the City's existing 67 storm water management program (he reviewed the elements of the program). 68 Mr. Barth reviewed a PowerPoint presentation (on file) that included information on the following: 69 - History of City's past consideration and rationale to proceed with a utility; 70 - Eligible expenses; 71 - Projected budgeted expenses; 72 - Methodologies to determine utility fee (land use impervious surface estimates, fee 73 computation, single family and institutional/industrial/commercial rates); 74 - Credits and adjustments; 75 - Council discussion topics and next steps. 2 COUNCIL MINUTES APPROVED 76 Councilmember Cavegn asked about impervious surface for single family and Mr. Barth noted a 30% 77 figure. 78 Councilmember Lyden asked about the budget and equipment line item; it's a small figure and he 79 wonders what that would buy. Mr. Grochala noted the yearly amount is prorated for a longer term 8o capital program for equipment such as a dump truck. 81 Mayor Rafferty opened the public hearing. 82 Jack Stoulil, 7170 Ivy Ridge Court, asked if the City is mandated to collect this fee. Community 83 Development Director Grochala noted that the provision for a storm water utility has been in statute 84 for many years. Mandates relating to storm water have been growing consistently and the City is 85 looking for a dedicated funding source. Mr. Stoulil suggested calling the fee a tax increase because 86 essentially that is what it is. When Mr. Stoulil asked what would happen if the fee were not 87 approved, staff noted the amount of funds included in the budget annually for the work and added 88 that there will be more efforts with this funding resulting in a better water quality. Mr. Grochala said 89 that it is a more equitable way to charge for the services based on impervious surface. Mr. Stoulil 90 asked how townhome owners will see this charge and Mr. Grochala explained that residents will see 91 the fee on their utility bill. 92 Mike Settimi, 1393 Hunters Ridge, asked about the cost to a single family residence. Community 93 Development Director Grochala said it is $12 per single family or townhome resident. Mr. Settimi 94 noted a drainage pond behind his home and that it's never received any City services; will this change 95 what he's seen in the past 21 years for his pond? Community Development Director Grochala 96 responded that the City is blessed with a lot of water, some natural and some due to development; he 97 noted different elements that receive attention from the City (noting pipe systems, collection systems 98 and City ponds) and the pond in question could be checked as to its inclusion in that system. 99 Scott Fox, 6715 Timberwolf Trail, 20 year resident of the City. He is a long term employee of the l00 Minnesota Pollution Control Agency (MPCA) but is providing commentary as a resident only. He 101 thinks that the utility is reasonable and necessary based on what he's read in the City newsletter. He 102 also provided information on storm water utilities in Minnesota and information on infiltration that 103 the City will need going to the future. He has watched the City look at this possible utility for many 104 years, he feels this is the time for it to be enacted and he thinks having it will make the City more 105 accountable for the necessary storm water work. 106 There being no further speakers the public hearing was closed. 107 Staff reinforced the recommendation to proceed with the storm water utility. Mayor Rafferty 108 concurred and recognized the need for the City to provide additional work in this important area. 109 Councilmember Lyden moved to approve the first reading of Ordinance No. 07-21 as presented. 110 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 111 6B) Butler Addition: i. Consider Resolution No. 21-75 Approving Final Plat; ii. Consider ll 2 Resolution No. 21-76 Approving Development Agreement —Community Development Intern 113 Jessica Eller reviewed a PowerPoint presentation (on file) that included information on the 114 following: 115 - Site Location and Aerial Map of 7870 Meadow View Trail; subdivision to add one 116 additional single family home; 117 - Preliminary plat; each of the two lots; 3 COUNCIL MINUTES APPROVED 118 - Final plat for two lots; 119 - Findings of Fact (included in the requested action); 120 - Planning and Zoning Board unanimous approval; 121 - Requested council action. 122 Councilmember Cavegn moved to approve Resolution No. 21-75 as presented. Councilmember 123 Stoesz seconded the motion. Motion carried on a voice vote. 124 Councilmember Cavegn moved to approve Resolution No. 21-76 as presented. Councilmember 125 Stoesz seconded the motion. Motion carried on a voice vote. 126 6C) 426 Pine Street. i. Consider Resolution No. 21-67 Approving a Conditional Use Permit 127 for Commercial Stables; ii. Consider Resolution No. 21-68, Denying a Variance to Double the 128 Number of Allowed Animal Units- City Planner Larsen reviewed a PowerPoint presentation that 129 included information on the following: 130 - 416 Pine Street, request is for a conditional use for existing commercial stable and variance 131 to increase the number of horses allowed; 132 - Review of previous council presentations including historical information on CUP, wetland 133 information; 134 - Site Location and Aerial Map; 135 - Previous council actions going back to 1998, including opinion that CUP rights were lost 136 when use changed; 137 - Review of farm animal regulations; 138 - Size of parcel (25 acres in total) and animals allowed, 139 - Main areas of concern (wetland, animal health, facility management); 140 - Waste management plan and concerns, 141 - Conditional use recommendations (start fresh); 142 - Variance required to move past 25 animal units; 143 - Planning and Zoning Board recommendation (affirmative on CUP and denial of variance); 144 - Findings of fact; 145 - Council action consideration. 146 Mayor Rafferty noted that all members of the council have had the opportunity to visit the property 147 and he has also visited another horse ranch. He looked at other communities as well and he sees 148 guidelines in place similar to the City. 149 Jacob Steen, Larken Hoffman Attorneys, representing property owner Mr. Stowe, concurred that 150 they are seeking a CUP and variance for up to 50 animals on the property. As the council knows, 151 the property is large with large buildings and 25 acres of pasture. Mr. Stowe runs an efficient 152 operation. Many of the horses are geriatric and rescued and are cared for by volunteers; that typeof 153 horse generally doesn't need as much pasture land. Mr. Stowe has jumped through every hoop 154 presented by the City yet here they are again facing a denial recommendation from the City for just 155 50 animals, less that the land will accommodate. He noted continuing issues surrounding the 4 COUNCIL MINUTES APPROVED 156 conditions included by staff (non -conforming rights noted, Rice Creels Watershed District, annual 157 inspection requirement, hours of operation that don't relate to use or other operations in the City). If 158 the City isn't able to remove the conditions of concern then it would be their intent to withdraw the 159 application for the CUP. In regard to the variance, they believe they meet state law and city code in 160 qualifying. They are requesting that the council consider the variance request first and if the 161 variance is denied, the applicant would intend to withdraw the request for the conditional use 162 permit. 163 Mayor Rafferty questioned staff on the applicant's contention that they would not be able to mow 164 their grass on a Sunday or federal holiday under the conditions included in the CUP. Staff noted 165 that the condition follows the City's existing noise ordinance. 166 Attorney Squires noted that if the council denies the variance request, the applicant intends to 167 withdraw their CUP application so the condition discussion would no longer apply. 168 Mr. Stowe updated the council on how he operates and on the care of older horses. He is using the 169 structure on his property as it was intended to be used and as it was sold to him. He added that it 170 hasn't been proven either that the original CUP doesn't still apply. 171 City Attorney Squires summarized and supported the information presented by staff. He reviewed 172 the elements of practical difficulty that the council should consider. 173 Councilmember Stoesz moved to approve Resolution No. 21-68 as presented. Councilmember 174 Cavegn seconded the motion. Motion carried on a voice vote. 175 Resolution No. 21-67 was not considered as the applicant indicated the application for a conditional 176 use permit was withdrawn. 177 UNFINISHED BUSINESS 178 There was no Unfinished Business, 179 180 NEW BUSINESS 181 There was no New Business, 182 183 COMMUNITY EVENTS 184 The council received an update from Councilmember Stoesz on plans for the upcoming Blue Heron 185 Days festival and related activities. 187 Contnurnity Calendn�— A Look Ahead 188 August 9, 2021 through August 23, 2021 189 4. Wednesday, August 11 6:30 pm, Council Chambers Planning & Zoning Board 190 4. Monday, August 23 6:00 pm, Community Room Council Work Session 191 Monday, August 23 6:30 pm, Council Chambers City Council Meeting 192 193 ADJOURN 194 195 There being no further business, Councilmember Cavegn moved to adjourn at 8:00 p.m. 196 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 197 5 COUNCIL MINUTES APPROVED 198 Following adjournment of the regular council meeting, the City Council reconvened for a special 199 work session to discuss the 2022 Budget. 200 201 202 203 204 205 206 207 These minutes were considered and approved at the regular Council Meeting on August 23, 2021. Ju City CI