HomeMy WebLinkAbout08-04-2014 Council Work Session Minutes1
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CITY COUNCIL WORK SESSION
APPROVED
DATE
TIME STARTED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
August 4, 2014
: August 4, 2014
. 5:30 p.m.
: Council Member Stoesz, Kusterman,
Rafferty, and Mayor Reinert
: Council Member Roeser
Staff members present: City Administrator Jeff Karlson; Community Development
Director Michael Grochala; Public Safety Director John Swenson; Finance Director Al
Rolek; Public Services Director Rick DeGardner; City Attorney Joseph Langel; City
Clerk Julie Bartell
2. Proposed Charter Amendment to Create Ward System (August 11 agenda) —
City Attorney Langel reviewed and summarized his written opinion. The opinion
explains that the Charter Commission has authority to propose a ward system for voter
consideration but the amendment submitted has three problems. The districting function
that is included with a ward system is given to the Charter Commission while State law
places that control with the city council. The timing of filing of ward boundaries
conflicts with State law. And the city council cannot be obligated by the charter to
provide additional funding to the Charter Commission. For the reasons noted, Mr. Langel
explained that the amendment proposed isn't consistent with law and shouldn't be
forwarded to Anoka County to be included on the ballot for this fall.
Administrator Karlson noted that he has prepared a resolution declining submission of the
amendment to the ballot and that resolution will be before the Council at their meeting on
August 11.
Charter Commission Chair Connie Sutherland noted that the language approved by the
Commission is actual language from the charters of the Cities of St. Paul and Blaine.
1. Review Options Related to Citizen Petition (August 11 agenda) — City
Attorney Langel recalled that in January, the city council passed a resolution regarding
their decision to withdraw from the Centennial Fire District (CFD). That is the only
formal action that the council must take and that action, in fact, started the clock on the
withdrawal. Recently a citizen petition was submitted under the initiative /referendum
section of the City Charter. Upon examination of the language of that petition, it calls for
the voters to consider a question that would change an administrative action of the
council. Mr. Langel explained that the Charter initiative and referendum process is
limited to legislative decisions. In the case of the CFD withdrawal, there's been no
legislative action on the city's part. If the petition question were placed on the ballot, the
voters would be reviewing an executive decision and court case law clearly states that the
power of initiative /referendum cannot be used to reverse an administrative action of the
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CITY COUNCIL WORK SESSION August 4, 2014
APPROVED
46 city council. The courts do not want every action of a city council to be considered by the
47 public. Mr. Langel said that regardless of the technical sufficiency of the petition, it is
48 not a proper question under state law and therefore it is not legitimate for the council to
49 forward the matter to the ballot.
50
51 There were questions from those present in the audience as to how a citizen group could
52 receive the assistance of the city attorney in preparing a question. Mr. Langel noted that
53 it would be a conflict for him to assist. Connie Sutherland, Chair of the Lino Lakes
54 Charter Commission, asked if there hasn't been a situation whereby a citizen group in the
55 city received the services of the city attorney in a petition. The mayor indicated that is a
56 matter of record that could be checked.
57
58 Mayor Reinert explained that meetings were held with representatives of the other CFD
59 member cities. Based on decisions that occurred in that process, the city council moved
60 to withdraw from the district. Attorney Langel confirmed that withdrawal from the joint
61 powers agreement that covers the CFD required only an administrative action. When
62 members of the audience asked if there is any way for citizens to impact that decision to
63 withdraw, Mr. Langel said there is no power of the people to deal with that type of
64 administrative action. When members of the audience asked about the reason for the
65 withdrawal, Mayor Reinert explained the joint powers agreement provides that at the
66 seventy percent threshold, a city can call for a change in the foul.' of governance. This
67 city reached that threshold, was snubbed on its efforts to achieve a governance structure
68 change and now there is a good alternative solution to this city's public safety needs.
69 Mr. Reinert said the council supports the efficiency of the public safety department
70 model. A citizen asked, what was the issue that came up at seventy percent? Mayor
71 Reinert said that in the long Willi the seventy percent threshold as always been seen as not
72 a fair scenario to that city. An audience member suggested that the citizens want more
73 explanation because they see the city losing two fire stations. Ms. Sutherland noted the
74 two year withdrawal period and asked if the city can rescind its decision to leave during
75 that time? Mayor Reinert responded that is a less like situation every day that passes; he
76 added that you can only come up with a solution when the two sides can work toward
77 agreement and that wasn't the case. Audience members expressed concern about the
78 right to vote on the matter, wanting more infoiniation on the change itself, and concerns
79 about enough information to the public. Mayor Reinert answered questions about how
80 the city will deal with fire pension situations for individual firefighters, assuring those
81 present that the city is cognizant of the need for portability. Further Mayor Reinert said
82 he is certain that mutual aid will be extended and confident that firefighters will answer
83 the call when needed. An individual in the audience explained how mutual aid works -
84 sometimes it is automatic and other times it is decided by department.
85
86 Administrator Karlson indicated that he has prepared a resolution declining submission of
87 the petition question to the ballot, for consideration at the regular council meeting on
88 August 11.
89
90
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CITY COUNCIL WORK SESSION August 4, 2014
APPROVED
91 3 Five -Year Street Reconstruction Plan — Ballot Question — Community
92 Development Director Grochala reviewed his report relating to the status of the city's
93 Five Year Street Reconstruction Plan. Although the Plan was approved by the council in
94 June, a petition was submitted within 30 days of that approval requesting that the bond
95 issuance be put on the fall ballot. The petition has been found to be sufficient and the
96 council has two options to proceed at this point: Place the question on the 2015 ballot;
97 not place the matter on the ballot.
98
99 4. Proposed Charter Amendments — Chapter 8 — Community Development
100 Director Grochala noted the two charter amendment proposals that were forwarded to the
101 Charter Commissioner earlier in the year for their review. The Commission's review
102 period on the ordinances will end on August 11 and the council may then make a decision
103 about putting an amendment on the ballot. He added that the council may want to
104 consider that, with the Street Reconstruction Plan on the ballot, it could be confusing to
105 have a Chapter 8 amendment also.
106
107 Administrator Karlson noted the matter of funding legal assistance for the Charter
108 Commission's review of the amendments. Charter Commission Chair Connie Sutherland
109 contacted him this day to confirm that she has provided the additional information
110 requested by the council in order to consider their request for additional funds. He noted
111 that the Commission has an annual budget of $1 500 and previously received
112 authorization to expend an additional $600 to review the amendments forwarded by the
113 council. Chair Sutherland noted that the Commission's authorized funds have been fully
114 exhausted at this point. Commission Member Margaret Penn added that the
115 Commission's attorney has worked on both the ordinances forwarded by the council; in
116 order to finalize the Commission's discussion and respond to the council on the
117 ordinances, additional funding is needed. The mayor asked if the Commission could use
118 the services of the city attorney and the response was that if the council is serious about
119 the process, it must be done right.
120
121 Council Member Stoesz suggested the possibility of passing something by ordinance
122 (without ballot consideration). Council Member Kusterman suggested that all parties
123 want the same thing — to be able to reconstruct roads in the city. Commissioner Penn
124 added that there is a desire among the Commission members to work this out. Council
125 Member Rafferty indicated that he's attended some Commission meetings and sees there
126 is work underway. Commission Chair Sutherland added that the last minute cancelation
127 of a joint meeting between the Commission and the Council by the council was a bad
128 message. The council concurred that another joint meeting will be explored.
129
130 Different amounts were suggested; the council concurred on providing an additional $725
131 to the Commission for their legal fees.
132
133 6. Sending Out Vehicle Repairs, Maintenance, and Inspections — Public Services
134 Director Rick DeGardner reviewed his written report responding to council member
135 questions about who the city utilizes for repairs and other vehicle services, what services
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CITY COUNCIL WORK SESSION August 4, 2014
APPROVED
136 are provided in -house versus outsourced, and how local business providers could be
137 utilized. He provided a list of Lino Lakes equipment, a report on services not perfolined
138 in -house and a survey of mechanics for area cities with like population. He noted that
139 decisions on repair are based on factors including pricing, quality of service, where
140 vehicles were purchased, etc. Mayor Reinert noted that the council is interested in
141 supporting local businesses; he appreciates the information included in the report and
142 directs staff to keep the local places on the radar and use them when it makes sense.
143 Council Member Rafferty noted that it's good to get the research done and he really
144 appreciates the information.
145
146 The council recessed for approximately one hour and reconvened.
147
148 5. 2015 Budget Discussion — Administrator Karlson noted that staff is seeking
149 further direction as the 2015 proposed budget is developed. Staff has provided
150 information on the 2015 General Fund Forecast Gap Analysis, Requested Personnel
151 Increases and the 2015 Draft General Fund Operating Budget. Mr. Karlson noted that he
152 has removed the request to fund a pay equity study in the amount of $30,000. The
153 council reviewed the city's obligations in the area of pay equity to ensure that
154 noncompliance will not occur.
155
156 The council discussed the Police Chief's request for three new patrol officer positions.
157 He confirmed that those additional officers wouldn't require any addition to the police
158 vehicle fleet. Mayor Reinert explained his own research, looking at good rules of thumb
159 for police staffing. He recognizes that this city may need to add officers but he doesn't
160 think now is the time. He does understand the need to keep the force strong and remain
161 proactive. The mayor added that adding another officer on the street now could mean
162 ending the assignment to the Drug Task Force. Chief Swenson noted that the DEA Task
163 Force is actually a good tool for this city to leverage a connection that brings in a lot of
164 work; he is comfortable that the department also works diligently on prevention efforts.
165 Council Member Stoesz asked about the role of the local police in cybercrime and Chief
166 Swenson responded that the department is aggressive in that area; he's seen victims in
167 other jurisdictions receive less service. Council Member Kusterman added that the
168 efficiency of the Lino Lakes Police Department is evident and works against the addition
169 of staff but he believes the council must always be mindful of what that department needs
170 to ensure the future.
171
172 The council discussed the Public Services Division request for Capital Outlay for Parks in
173 the amount of $90,000. The mayor asked about park funding that will be coming in
174 through development; Community Development Director Grochala explained that those
175 funds are dedicated to new park development. The capital outlay would provide updates
176 and work for existing park facilities. Public Services Director DeGardner noted that
177 there are important needs coming for park facilities but he could take off the request for
178 2015.
179
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CITY COUNCIL WORK SESSION August 4, 2014
APPROVED
180 There was discussion about the bike /pedestrian bridge that will be constructed over
181 Interstate 35W at County Road 14. There will be a requirement of some city funds
182 eventually.
183
184 The council discussed the request to add an Assistant City Administrator position.
185 Administrator Karlson reviewed his reasons to request the position, as outlined in his
186 staff report. A position was eliminated in the Administration Department a few years
187 ago when the workload was low and hiring was at a minimum. Now things are really
188 picking up, with the new Public Safety Department (Fire) coming on line and other new
189 demands. He explained that there are real human resources needs. He sees more need
190 than just human resources though, i.e. coordination cable television and updates needed
191 in that function, the city newsletter, the Website needs updating and maintenance to
192 remain vital, the digital records project is underway and growing. The mayor said he
193 supports Mr. Karlson's request because he sees the need. Council Member Stoesz
194 suggested outsourcing to bring in needed services, noting it brings the added value of
195 drawing a line on enforcing policies; he sees it works well in private business. Mr.
196 Karlson noted that contractual human resources alone would cost $50,000 a year for a
197 half time position. Council Member Rafferty was not supportive of the new position; he
198 thinks it is appropriate for the City Administrator to do hiring and it isn't good timing
199 what with adding an administrative position in the Public Safety Division. He'd like to
200 see staff continue to weather the storni.
201
202 The council discussed the city's revenue and reserve situation. Mr. Rolek noted that he
203 believes the city will have adequate reserve in 2015 to utilize some one -time funds. The
204 council reviewed the history of the use of reserve funds.
205
206 7. Monthly Progress Report — Administrator Karlson reviewed his written report.
207
208 8. Review Regular Meeting Agenda for August 11, 2014 — The council reviewed
209 the agenda for the upcoming council meeting. There were no changes to the agenda.
210
211 The meeting was adjourned.
212
213 These minutes were considered, corrected and approved at the regular Council meeting held on
214 August 25, 2014.
215
216
217
219 . 1 anne Bartell, C. Cler
220
5
Je
Reinert, Mayor