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HomeMy WebLinkAbout10/07/1998 Council Minutes• CITY COUNCIL WORK SESSION OCTOBER 7, 1998 CITY COUNCIL WORK SESSION MINUTES DATE : October 7, 1998 TIME STARTED : 5:34 p.m. TIME ENDED : 9:06 p.m. MEMBERS PRESENT : Council Members Dahl, Lyden, Neal, Mayor Sullivan MEMBERS ABSENT : Bergeson Staff members present: Interim City Administrator, Dave Pecchia; Community Development Director, Brian Wessel; Assistant City Administrator, Dan Tesch; Park and Recreation Director, Rick DeGardner; Consulting City Engineer, John Powell; and City Clerk -Treasurer, Marilyn Anderson COMPREHENSIVE PLAN UPDATE, BRIAN WESSEL Mark Lindblad, representative from the 20/20 Vision Citizens Advisory Group (CAG), presented a written analysis of the draft Comprehensive Plan prepared by the CAG. He stated completion of the draft Comprehensive Plan was a top priority for the group. He also stated that the CAG has acknowledged their support for the draft Comprehensive Plan, as has been presented to date. He stated the CAG believes the draft Comprehensive Plan is a good representation of five (5) aspects: growth planning, environment, parks, education, and commercial development. He stated excessive attention has not been given to any one group. Chris noted the five (5) aspects were not equally weighted on a citizen level. Mark stated the CAG is made up of concerned citizens that want the best City possible. One of the cornerstones of the CAG was to have a general consensus for the Comprehensive Plan. Kim indicated Mark should speak under open mike at the Council meeting on Monday, October 12, 1998, regarding this issue. Brian stated the Comprehensive Plan is on schedule. There is a public hearing at the Planning & Zoning Board meeting on October 14, 1998. The draft Comprehensive Plan will go before the Council on October 26, 1998. The Vision Bus Tour is Saturday, October 10, 1998. Forty-seven reservations have been made. Brian stated that Chris and Caroline met with Paul Montain, JP Houchins, and Mike Trehus to determine if there was any way to amend the Plan so that Chris and Caroline would support the draft Plan. Several ideas were discussed and presented to Jamie Schaps. He was of the opinion that convening another meeting of the Comprehensive Plan Task Force to discuss these ideas would not be appropriate. A memo regarding his reasons will be distributed tomorrow. CITY COUNCIL WORK SESSION OCTOBER 7, 1998 Kim stated the purpose of that meeting was to come together to discuss specific issues. Chris stated the meeting went well. There was an open, honest discussion. Chris indicated he had hoped they came away from the meeting with a new understanding and that the draft Plan would be reviewed again. He stated they went through 13 points in detail. Chris said he left the meeting with the understanding that the points would be brought back to the Task Force for review. Kim asked what items were put on the table that were negotiable. Chris indicated he had given that information to Paul. Chris stated he would negotiate on those issues if information was given to him demonstrating it was for the City's good. He stated he will not move to the middle ground for the sake of moving to the middle ground. Information was given to him regarding Hobby Farms that did move him to the middle ground. During the meeting JP stated they were talking about two (2) different plans and the plans were incompatible. Kim asked where they go from here. Chris said he had hoped they were going to take it back to the Task Force for discussion. Kim stated that over the course of the last two (2) years the Task Force has looked at facts and information to support their recommendations. She said it was important to discuss these issues at the beginning of the process. She also understood that there are citizens who support Chris's issues. However, the Task Force and the draft Plan is representative of all the citizens of Lino Lakes. Kim noted without a 4/5 vote the Metropolitan Council can put in place a plan they want. She asked what the Council can do to resolve this issue. There are real differences in the two (2) plans. Chris suggested the Task Force look at his concerns again. Brian stated the Council can give direction to hold another meeting. Dave noted there is an opportunity to speak about the Plan at the public hearing on October 14, 1998. Kim suggested Council speak to Jamie to get his thoughts regarding this issue. Caroline added that she thought the meeting with Paul and JP went very well. She felt Jamie should not solely determine if another Task Force meeting is held. She indicated that Paul or JP should be present at the Task Force meeting. She wondered what happened between that meeting and the decision to not hold another Task Force meeting. Mark stated that he believed that Jamie felt there was no middle ground on the issues. He came from the meeting feeling there was no room for negotiation. Chris stated he will move to the middle if information is shown to support the middle ground. Kim suggested a special Council meeting be held and dedicated to the issues from Chris and Caroline. Chris asked for documents proving that the Metropolitan Council will put their own plan in force if the Council cannot reach an agreement on the Draft plan. Kim stated there are two (2) State Statutes that give the Metropolitan Council the authority to enforce their own plan. The Lino Lakes plan will be scrutinized more than other cities. She indicated she believes the City can submit a plan that is representative. Negotiations and changes can be made to develop an acceptable plan. Kim scheduled a meeting on October 19, 1998, 6:00 p.m., to discuss the issues. She asked Dave to inform John about the meeting. She asked that Al Brixius be present at this meeting to discuss the Plan. She also noted the Planning & Zoning Board meeting and Saturday's Vision Bus Tour must to be posted. 2 • • • CITY COUNCIL WORK SESSION OCTOBER 7,1998 Bob Bening asked if copies of the draft Plan are available to the public. Brian stated 10 copies have been prepared but are disappearing fast. He indicated any citizen who would like to see the plan should contact Mary Kay. In addition, there is a copy in the Citizens Library. LGA/HACA OPTIONS, BRIAN WESSEL Dave stated the HACA penalty in the amount of $155,600 can be paid through the Area and Unit Fund. The Black Duck Lift Station was budgeted for the amount of $248,000 and was to be paid from this Fund. Since the project has changed and not all of these dollars will be spent on the project, he recommended the penalty be paid out of the Area and Unit Fund which has an excess of $5 million. Kim noted they need to be certain the funds will not be needed for a new lift station. Dave indicated plans for the lift station have changed substantially. Mark Ruff, Ehlers & Associates, provided a written Tax Increment Financing Overview. He stated that no decisions have to be made regarding mitigation this year. He indicated that legislation is the City's best option for reducing or eliminating future penalties for the short term. Hiring a special lobbyist is also an option. Kim stated she is not willing to let these issues hang until 1999. She wanted dates, targets, and plans. Mark recommended a decision be made in June, 1999. At that time the City would know what the Legislature is going to do. Kim said she does not believe a paid lobbyist will work. Mark recommended making sure the Lino Lakes representatives to the legislature are aware of the problem and to make sure the League of Cities can help. Kim said that item #1 regarding mitigation in Marks written overview, is the first step and needs to be acted on at the October 26, 1998, meeting. Renegotiating development agreements should be an ongoing process. Item #2 under mitigation needs to be reviewed on June 1, 1998. Kim stated she will work with Dave and do whatever is necessary regarding legislation. Kim stated she would like a better understanding of why the City chose to pay the penalty as opposed to the contribution. Mark stated that because the penalty could not be projected, some cities chose to pay the penalty. The penalty amount could have decreased. Kim stated the Council must put together a policy to review TIF Districts. The City must plan and provide funding for unforeseen costs attributed to the TIF Districts. She wanted a written policy for the City to deal with, review, and analyze TIF Districts. Chris noted he was pleased that staff found a solution so this was not passed on to the tax payers. He indicated he expects the same in the future. Andy asked if the City has an insurance policy for mistakes. Kim stated she believes this was not a mistake but a judgment call. 111 Kim stated a policy needs to be in place before another TIF District comes before Council. CITY COUNCIL WORK SESSION OCTOBER 7,1998 UPDATE OF RESHANAU LAKE TRAIL, RICK DEGARDNER Currently there is an easement on two (2) lots in Reshanau Parks Estates, 2nd Addition for utility purposes only. For a number of years, pedestrians have used this easement as an access to a trail around the north end of Reshanau Lake. One homeowner in particular has insisted that he purchased his lot for peace and quiet and wanted this to continue into his retirement. In addition, some of the Reshanau Park Estates Homeowners Association do not want the additional pedestrian traffic that a public easement at the north end of Black Duck Drive would create. Rick noted that he was asked to work with the residents in this area to find an alternate route for the pedestrian trail. He proposed a trail access off of Mallard Lane through the Regional Park to link to West Shadow Lake Drive. This is the best option even though it would cause a detour. In addition, the County would support the trail access. Rick showed a diagram of the proposed trail location. He stated this option is not as preferable as where the trail currently is. Barbara Meus, a member of the Reshanau Parks Estates Homeowners association stated the homeowners have discussed the proposed trail on Mallard Lane. It is not what they want but they do see it as an alternative. She discussed the possibility of acquiring the trail easement over the utility easement by eminent domain and wait to build the trail until after the objecting homeowner is no longer owner of the property. Ms. Meus also thought the objecting homeowner might grant the easement if the City guaranteed that the trail would not be constructed until after he is no longer owner of the property. Kim noted the objecting homeowner would not cooperate unless the City commits to the Mallard Lane trail. Rick noted that at some point the City would want both trails. Ms. Meus stated there are two (2) homeowners who do not want a direct trail because they feel it is a private area. Chris stated eminent domain is an option because this action would be for the public good. He said the trail should be done right the first time. Kim stated a direct trail is the quickest and safest way for children to get through. She asked that a discussion with the neighborhood be held before any Council action is taken. She would also like to have John's comments regarding this issue. Caroline stated the homeowners should be willing to give the easement for the safety issue alone. Rick indicated this is not a high priority for the City at this time. However, the County plans to master plan the Regional Park in 1999 making a decision on this matter important. Kim asked for a neighborhood meeting and a written opinion from the police department regarding safety. Dave stated a trail study determined that crime is not related to trails. He can provide an officer to come to a meeting and address this issue. Rick stated safety should not be the first concern. The general public has to be considered also. Chris again indicated the City should use eminent domain. Kim felt Rick had provided a reasonable option for the trail as opposed to eminent domain. Bob Bening suggested the option for eminent domain be kept open for the future. Things change and people move. The City may be able to develop a direct trail a few years down the road. 4 • • • • • • CITY COUNCIL WORK SESSION OCTOBER 7,1998 Kim said she would like some time to think about the trail. She asked this issue be brought back to the next Council work session. RICHARD SCHREIER LEGAL STATUS, BRIAN WESSEL Dave distributed a letter from the City Attorney regarding the Richard Schreier litigation. This litigation involves the location of a new road to connect the old Otter Lake Road and the new Otter Lake Road Mr. Schreier was invited to the last work session but was not allowed to speak to the Council. Mr. Schreier was again invited this evening. Dave cautioned Council on how they respond to Mr. Schreier's presentation. Brian stated a memo has been issued from the City Attorney regarding this issue. Brian presented a written summary of the litigation that Council requested from him at the last work session. The summary gives the background regarding this issue. Kim stated the City Attorney has advised Council not to discuss this with Mr. Schreier. The City can be held liable for anything that is said. Andy noted that anything that comes from Economic Development needs to put in writing. He also stated that this is an open meeting and citizens should be allowed to speak. Kim stated that anything the Council wants to convey needs to go through the City Attorney. Mr. Schreier stated that he had never before not been able to speak directly to elected City Officials. He has spoken to Mr. Hawkins but has had no response from Brian. He stated the road would divide his property and cost too much to construct. The County has indicated that the City cannot prove the road is beneficial to the City. The issue will have to go to litigation which costs everyone too much money. Serious damage will be done if the property is severed for the road. The road location can be adjusted. He asked that the whole project be deferred. Assessments on this road are $250 per foot which, he felt was way too high. Kim stated the Council will review this issue and discuss it. She asked that Mr. Schreier leave the documents that he provided with Dave. Mr. Schreier stated that he wants to avoid a war. He indicated Mr. Hawkins has handled the issue poorly. He stated that he has nothing to say to any Council Member that would require the presence of an attorney. Kim asked that all Council Members read the documents before the October 12, 1998, meeting. DISCUSSION OF GAS FRANCHISE, DAVE PECCHIA Dave indicated Vern is not present because of the issue of competition regarding this item. An attorney will need to be involved with the negotiations. Dave stated he would like to speak with Mr. Shae, an attorney, to determine what is public and what would constitute a winning strategy. He indicated he would like to speak to the City of Blaine to see how they negotiated their utility franchises. Dave asked if the Council wants this CITY COUNCIL WORK SESSION OCTOBER 7, 1998 matter pursued. He also stated he will meet with a consultant and have a presentation for the next work session. Kim stated the issue needs to be looked at but is not a top priority. If encroachment is an issue an emergency ordinance can be approved to stop any additional work. Dave indicated he will work with Mr. Shae and the City Attorney. Based on the goals set by Council; completion date for this issue is June, 1999. Kim stated this is not a reprioritized issue. Council excused themselves for closed meeting at 7:52 p.m. The meeting reconvened at 8:24 p.m. Chris excused himself from the meeting at 8:24 p.m. PUBLIC SERVICE SUPERVISORS. DAN TESCH This item was discussed during the closed meeting. 1999 BUDGET DISCUSSION, DAN TESCH Kim expressed concern about discussing this issue in Chris's absence. Dave recommended this issue be tabled until the next work session. TH 49 (HODGSON ROAD) RICE CREEK, WOODEN BRIDGE, JOHN POWELL John explained that the County has looked at three (3) different bridge construction options for replacing the bridge over Rice Creek. A representative from Wheeler Lumber gave a presentation to the County on a timber bridge. A cost estimate was provided which indicated a timber bridge would cost approximately $80,000 more than the three (3) other bridge options. The County has indicated any additional costs would be the City's responsibility. The County is concerned about the maintenance of a timber bridge and because of this as well as other factors, will not pursue the timber bridge option unless the City insists. Dave stated that if the City wants to pursue this; a funding source must be identified. The bridge reconstruction is scheduled for the year 2000. The new bridge will have two (2) lanes of traffic in each direction, a median, and a pedestrian path. No action is required at this time. PDI ADMINISTRATOR'S SEARCH, DAVE PECCHIA Dave passed out a letter from Harry Brull which explained procedures, cost, and time schedule for the search for a new City Administrator. Based on this schedule, the process will be completed by December 14, 1998. Dave indicated he feels this could be moved up to a completion date of December 1, 1998. The City has an outstanding bill in the 6 • • CITY COUNCIL WORK SESSION OCTOBER 7,1998 amount of $23,196.98 to PDI. The additional service will cost $8,100.00. Dave stated he will try to negotiate a break on the outstanding bill. Dave stated another option is to hire a search firm which would take much longer. A third option is to look at the old list of candidates and interview again. Caroline noted she does not want the search to be limited to City Administrators only. ENVIRONMENTAL BOARD COMPENSATION, DAVE PECCHIA Dave stated the Environmental Board members received compensation from May, 1998, through September, 1998. The compensation was the same as the compensation for the Park Board and Planning & Zoning Board. Kim stated she believes the members should have been paid from January, 1998. She suggested that compensation for the board members from January, 1998, be approved at the Council meeting. Dave stated he will speak to the City Attorney to determine if the City can back pay the board members through January, 1998 and if so, place the matter on the October 12, 1998 Council agenda. REGULAR AGENDA, OCTOBER 12, 1998 Kim asked that staff be sure to show the benefits for the contract with the Centerville School District regarding item 5B. Kim noted the Community Calendar indicates the wrong date for Veteran's Day. Kim expressed concern regarding the way the City is being promoted. Council is responsible for promoting the City and pulling the City together. She expressed concern regarding Council undermining staff. If a Council member has an issue with staff it needs to be brought to Dave. She expressed concern regarding the professionalism of the City. The polarity on the Council is taking away the staff's ability to do their jobs. She asked for discussion regarding this issue at the next work session. Kim stated she is meeting with Jeff Schroeder regarding City finances, budget, TIF issue, and the Hoff investigation. Dave noted the City financial situation has not changed and is very good. The meeting was adjourned at 9:06 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on October 26, 1998. • Marilyn G. Anderson, Clerk -Treasurer ivan, Mayor CITY COUNCIL WORK SESSION OCTOBER 7, 1998 Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 8