HomeMy WebLinkAbout04/06/2005 Council MinutesCITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
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3 CITY OF LINO LAKES
4 MINUTES
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8 DATE : April 6, 2005
9 TIME STARTED : 5:35 p.m.
10 TIME ENDED : 12:40 a.m.
11 MEMBERS PRESENT : Councilmember Carlson, Dahl
12 Reinert, Stoltz and Mayor Bergeson
13 MEMBERS ABSENT : None
14
15 Staff members present: City Administrator, Gordon Heitke; Community Development
16 Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser;
17 Finance Director, Al Rolek; Environmental Specialist, Marty Asleson (part); Economic
18 Development Coordinator, Mary Divine (part); and City Attorney, Bill Hawkins (part).
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20
21 CHARTER CITIES WORKSHOP — LMC STAFF ATTORNEY
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23 City Administrator Heitke advised Ms. Rylee Retzer, Staff Attorney, League of
• 24 Minnesota Cities, is present this evening to provide information regarding charter cities.
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26 Ms. Retzer advised Minnesota's two basic types of cities are home rule charter cities
27 (operating under a local charter) and statutory cities (operating under the statutory city
28 code. The major difference between home rule charter cities and statutory cities in
29 Minnesota is the kind of enabling legislation from which they gain their authority.
30 Statutory cities obtain and derive their powers from Chapter 412 of Minnesota Statutes.
31 Home rule charter cities obtain their powers from a home rule charter. The distinction
32 between home rule cities and statutory cities is one of organization and powers, and is not
33 based on differences in population, size, location or any other physical feature.
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35 Ms. Retzer stated home rule charter cities could exercise any powers in their locally -
36 adopted charters as long as they do not conflict with state laws. Conversely, charter
37 provisions can specifically restrict the powers of a city. Consequently, voters in home
38 rule cities have more control over their city's powers.
39
40 Ms. Retzer advised home rule charters are, in effect, local constitutions. State laws give
41 cities a wide range of discretion in the contents of a charter when one is adopted. The
42 charter may provide for any form of municipal government, as long as it is consistent
43 with state laws that apply uniformly to all cities in Minnesota.
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45 Ms. Retzer reviewed the advantages as well as the disadvantages of a home rule charter.
46 The essentials of a home rule charter include having a Model City Charter. A charter is a
47 basic form of government.
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CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
• 1 Ms. Retzer went over the three ways to appoint a charter commission, noting there is no
2 longer a term limit for commissioners. The function of the charter commission is to
3 frame and amend the charter as needed. The commission must also entertain petitions
4 from citizens. Ms. Retzer noted it is very important for Councils and commissions to
5 work together in terms of advocacy and finances. She cautioned the Council regarding
6 the difference between advocacy and information in terms of the Charter Commission.
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8 Ms. Retzer advised there are five ways to originate an amendment to the charter: 1)
9 proposal by charter commission; 2) citizen petition; 3) proposal by Council; 4)
10 recommendation by commission to the Council for an ordinance change (does not go to
11 the voters); and 5) Council proposal in cities of populations less than 10,000 (does not
12 have to be submitted to the commission).
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14 Ms. Retzer advised only three cities within the state have abandoned their home rule
15 charter since 1989. She referred to the handouts distributed that included a charter survey
16 and their Model Charter for Minnesota Cities.
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18 Ms. Retzer noted if a city is concerned with who is appointed to the charter commission,
19 the Council and/or Charter Commission can make recommendations for appointments.
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21 In response to questions regarding the role of the charter commission, Ms. Retzer again
22 noted the only function set forth in state statutes in relation to the function of the charter
23 commission is to frame and amend the charter as needed. The charter commission is not
• 24 an advisory board and should not take an advocacy role within the City. The commission
25 should remain neutral on political issues and does not have the authority to set policy or
26 take policy positions. However, a charter commission member may express personal
27 opinions in relation to City issues, as long as he or she is not representing the entire
28 charter commission.
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30 The Council directed staff to obtain information regarding the City's insurance policy in
31 relation to coverage of the Charter Commission.
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33 City Administrator Heitke indicated he would be asking for more direction from the City
34 Attorney regarding future discussions held between the City Council and Charter
35 Commission in relation to advocacy concerns in response to the information provided by
36 Ms. Retzer.
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38 Ms. Rylee indicated to the Council they may call her or e-mail her if there are any
39 additional questions.
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41 Mayor Bergeson called for a short break at 6:55 p.m.
42 Mayor Bergeson reconvened the meeting at 7:02 p.m.
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44 I -35E CORRIDOR (ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) -
45 JOHN SHARDLOW
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• 47 Mr. John Shardlow, Dahlgren, Shardlow and Uban, Inc., advised he would be going
48 through the different development scenarios section by section. He reviewed the various
CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
1 development scenarios noting there is no change in land use for Sub Area 1. Sub Areas 2
• 2 and 3 identify different land uses based on a future interchange at 80`" and I -35E. Sub
3 Area 4 includes the Hardwood Creek development as well as additional residential
4 development along the Hugo border. Sub Area 5 includes sections of Centerville and Sub
5 Area 6 has similar land uses as Sub Area 5, but reduces the rural land use.
6
7 Mr. Shardlow summarized the land uses for each area in relation to each development
8 scenario. He explained the general steps in the AUAR process if the Council passes a
9 resolution ordering the AUAR. The final AUAR is the draft document, mitigation plan,
10 comments and responses to those comments. He also reviewed the final AUAR process,
11 noting state agencies and the Metropolitan Council are given the opportunity to file
12 objections on the final AUAR.
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14 The Council suggested the title on scenario 1 be changed to read that it is based on the
15 City's Comprehensive Plan as well as other County plans and Park plans.
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17 Authorizing preparation of Alternative Urban Areawide Review will appear on the
18 regular Council agenda Monday, April 11, 2005, 6:30 p.m.
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20 VLAWMO REORGANIZATION — GORDON HEITKE
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22 City Administrator Heitke advised the Vadnais Lake Area Water Management
23 Organization (VLAWMO) was established in 1983 to meet the requirements of the
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25 Metropolitan Surface Water Management Act and consists of six cities in the St. Paul
Water Utility. VLAWMO acts as the Local Government Unity (LGU) in the
26 administration of the Wetland Conservation Act for the six cities and promotes
27 preservation of natural surface and groundwater systems. Since its inception in 1983, the
28 organization has reviewed development plans to ensure compliance with the Wetland
29 Conservation Act, promoted public education programs, sponsored ongoing water quality
30 testing programs and worked with other agencies to resolve wetland impact issues.
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32 City Administrator Heitke stated due to budget limitations, the VLAWMO Board has
33 recently been reviewing possible organizational alternatives for the future. Member
34 governmental units recently approved a one-year extension of the joint powers agreement
35 to January 1, 2006 to allow time for study and formulation of a recommendation for
36 future operation. Since many of the functions performed by VLAWMO are also
37 accomplished by cities directly or by adjoining Watershed Districts, it may be advisable
38 to combine VLAWMO with one of the adjoining Watershed Districts (Rice Creek
39 Watershed District or Ramsey / Washington Metro Watershed District). By combining
40 watershed organizations there may be financial advantage as well as service advantages.
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42 City Administrator Heitke advised Mr. Jeff McDowell, Lino Lakes representative on the
43 VLAWMO Board, is present to review the Board discussions on the future of
44 VLAWMO, including the possibility of merging with another watershed organization.
45 Mr. McDowell is also looking for input from the Council on future alternative structures
46 for assuming the responsibilities and work of the current VLAWMO.
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CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
1 Mr. McDowell provided a background of VLAWMO and the reasons for the possible
2 combining of organizations. The members of VLAWMO are split on whether or not
3 merging should occur. He indicated members of VLAWMO are requesting direction
4 from the member City Councils regarding this issue.
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6 The Council expressed concern about merging with a larger organization and not being
7 represented well in that organization.
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9 Mr. McDowell stated he believes the City's goals can be incorporated into the Ramsey
10 Washington Metro Watershed District goals. He indicated he personally believes
11 merging with Ramsey Washington Metro Watershed District would be beneficial. There
12 is a Board meeting next week to discuss the various Councils' comments and determine
13 how the organization should merge if that is the direction VLAWMO would like to take.
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15 The Council indicated they are generally leaning towards VLAWMO merging with the
16 Ramsey Washington Metro Watershed District.
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18 PAVEMENT MANAGEMENT REPORT — AL ROLEK, MICHAEL GROCHALA,
19 JIM STUDENSKI
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21 Finance Director Rolek stated as part of the Pavement Management Program (PMP) staff
22 has prepared a draft of the Pavement Management Plan. He referred to a copy of the
23 Pavement Management Plan, noting the intent of the policy document is to establish the
24 procedures for implementation of the PMP. These procedures include the overall street
25 condition rating; project financing, special assessment determination and maintenance.
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27 Community Development Director Grochala advised the PMP sets forth a system for the
28 optimal maintenance of streets to extend their useful life and the reconstruction of streets,
29 which have exceeded their useful life, and establishes a funding strategy to maximize
30 available resources to carry the maintenance and reconstruction activities.
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32 Community Development Director Grochala stated the Pavement Management Program
33 Policies would guide the timing and type of maintenance actions and reconstruction
34 activities. These policies will preserve the City's asset of streets, provide for the safe and
35 efficient travel of its citizens, retain property values, keep the City attractive and
36 desirable, and minimize costs to the property owners and taxpayers of the City.
37 Community Development Director Grochala reviewed the proposed policies in relation to
38 the rating system, categories of streets and project selection criteria.
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40 Finance Director Rolek explained the financing options for the different components of
41 the PMP. Staff is recommending the Council establish and maintain a storm water utility
42 as authorized under Minnesota Statutes Chapter 444, for the purpose of financing those
43 costs of the PMP related to storm water improvements, and for maintaining the storm
44 water management system.
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46 Community Development Director Grochala advised there is a section of the policy that
47 relates to assessments in terms of methods, maximum terms and interest rates. He
48 explained the assessments noting there are exceptions to the policy. He indicated the
CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
• 1 draft policy also addresses street maintenance, municipal utilities, street design and
2 special assessment deferrals.
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4 The Council directed staff to move forward with the Draft Pavement Management Plan.
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6 City Engineer Studenski distributed a memo outlining a list of proposed projects for
7 street maintenance and reconstruction for the next five years. The identified projects
8 were determined by utilizing the selection criteria as established in the draft policies. He
9 noted that adjustments would be necessary as the program is implemented and directly
10 dependent on the funding levels identified in the PMP.
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12 LEASE OF CITY PROPERTY TO AMERICAN LEGION — GORDON HEITKE
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14 City Administrator Heitke stated at the last work session, Council discussed a request
15 from the American Legion to lease approximately 50 feet of City property that is adjacent
16 to the Legion for use as horseshoe pits. Council directed staff to contact the City of
17 Circle Pines, which has horseshoe pits connected to a local bar, to find out what types of
18 issues can arise from this activity.
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20 City Administrator Heitke advised that he had contacted Jim Keinath, Circle Pines City
21 Administrator. Mr. Keinath said the horseshoe pits posed problems for the neighborhood,
22 leading to excessive noise and the potential for underage drinking.
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• 24 City Administrator Heitke explained the Legion wants to have four horseshoe pits and
25 hold games on weeknights until dusk, and also on weekends. They have not proposed at
26 this time any specific schedule. Approximately 12-16 people could be playing at one
27 time, with additional spectators. No outdoor lighting would be required. The Legion has
28 offered to pay $500 per month for 12 months out of the year, although only using the
29 property for about 5 months out of the year.
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31 City Administrator Heitke advised the Council may want to consider the neighborhood
32 response to noise that would accompany this operation, both from the number of people
33 that would be outside the building and the sound of horseshoes clinking. The Legion has
34 indicated that it will not allow drinks to be brought outside, but that may be difficult to
35 enforce. Police Chief Pecchia has indicated he would not be in favor of this activity for
36 these reasons.
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38 City Administrator Heitke reviewed the other issues to consider with the proposal noting
39 the City Attorney has advised that any restrictions the City wishes to impose could be
40 addressed in the lease, as well as anything else the Council may want to include if the
41 decision is made to lease the property.
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43 City Administrator Heitke noted the Legion could be required to apply for a Conditional
44 Use Permit and submit a site plan showing location and boundaries of the horseshoe pits,
45 and address any restrictions such as fencing or screening the City may wish to impose.
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48 The Council directed staff to prepare a response to the Legion indicating the City does
not want to lease property for the purpose of horseshoe pits.
CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
411 1
2 ROAD RECONSTRUCTION COMMUNICATION PLAN — GORDON HEITKE
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4 City Administrator Heitke stated if the City Council conducts a referendum on a street
5 reconstruction project this year, a plan for providing information to the public in order for
6 voters to make an informed decision is needed. Staff is recommending the Council
7 consider engaging the services of a qualified consultant to design and implement the
8 public information program. This recommendation is being made because of the
9 following:
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11 1. Criticism of past in-house public information efforts.
12 2. Perception by some that City staff is opposed to requirements within the
13 Charter, therefore may not be viewed as being objective and impartial.
14 3. Current workload of existing City staff.
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16 City Administrator Heitke noted the need for a public communication program was
17 briefly discussed with Springsted Inc. during the preparation of the Pavement
18 Management Financing Report. They have indicated an interest in serving in a
19 consulting role to prepare and implement a public information program.
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21 City Administrator Heitke stated staff is requesting direction from the Council as to
22 whether: 1) a consultant can be used to prepare and implement a public information
23 program, and 2) it wishes to receive a specific proposal for services from Springsted Inc.
• 24 or another consultant(s).
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26 The Council indicated they might consider a proposal from Springsted for consulting
27 services on a communication plan after the April 14, 2005 joint meeting with the Charter
28 Commission.
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30 CHARTER COMMISSION REQUEST — GORDON HEITKE
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32 City Administrator Heitke stated on May 10, 2004 and June 28, 2004 the City Council
33 approved expenditures for legal services related to the City Charter. Since that time, the
34 Charter Commission has requested that these types of expenditures not be allocated to the
35 Charter Commission area of the City budget since they were not initiated or approved by
36 the Charter Commission. It has been suggested that it was "wrong" for the expenses to
37 be accounted for in the manner they were. The staff and Council should take very
38 seriously any suggestion of improper accounting of public funds, therefore, staff has
39 consulted with the City Auditor and requested an opinion on the appropriateness of the
40 accounting of these expenditures. He referred to a copy of the City Auditor's opinion
41 attached to the staff report regarding this issue.
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43 City Administrator Heitke advised that following further correspondence with Mike
44 Trehus, the Chairman of the Charter Commission, this issue remains unresolved. The
45 Charter Commission's request is to modify the 2004 financial records to remove these
46 expenditures and to not have staff -initiated expenses or those not approved by the Charter
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48 Commission be accounted for in a manner that would occur under a heading of "Charter
Commission". Since the Council approved these expenditures, and according to the City
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CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
1 Auditor they were appropriately accounted for, the Council must determine if there is to
2 be any modification of the 2004 financial records, as staff does not have this authority.
3 Staff will clarify with Council the proposed accounting of charter -related expenditures for
4 the 2005 City Budget.
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6 City Administrator Heitke stated staff is requesting that the City Council:
7
8 1) either confirm that there was nothing technically improper with the 2004
9 accounting of expenses, based on the City Auditor's opinion, or further
10 investigate this issue in order to make a determination. If the Council wishes
11 to modify the 2004 financial records to account for these types of expenditures
12 differently than what occurred, staff needs to be directed to make such
13 modifications. It is staff's recommendation that any modification of the 2004
14 financial records be done only after consultation with the City Auditor
15 regarding such modification to ensure that Generally Accepted Accounting
16 Principles are being adhered to, and;
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18 2) provide direction to staff as to how similar expenses are to be accounted for in
19 2005, and have the City Auditor review and comment on the proposed
20 accounting method for compliance with Generally Accepted Accounting
21 Principles.
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23 The Council discussed reviewing the expenditure related to attorney's fees with the
24 Charter Commission. After much discussion, the Council determined that after the joint
25 meeting with the Charter Commission, the Charter Commission should retract their
26 accusation regarding improper accounting of public funds. The City will follow the City
27 Auditor's suggestion to change the department name and add another line item for these
28 types of expenditures in the future to avoid additional confusion and improper
29 accusations.
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31 CITY INVOLVEMENT IN BLUE HERON DAYS — GORDON HEITKE
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33 City Administrator Heitke stated following the 2004 Blue Heron Days Festival, the City
34 Council decided to incorporate $3,000 into the 2005 budget for "community festival"
35 purposes with the intention of further discussion in 2005. Some time ago, staff reported
36 to Council on discussions with the Royalty Committee regarding the need for and their
37 interest in having a permanent parade float. This issue was discussed again recently and
38 both the Royalty Committee and chairman of the Blue Heron Days Committee would like
39 to see the City of Lino Lakes participate in the construction of a parade float which could
40 be used year round to promote the community and its festival.
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42 City Administrator Heitke advised staff, the Royalty Committee and Blue Heron Days
43 Committee is seeking a response from the City Council as to whether there is support to
44 use the budgeted festival funds to construct a permanent parade float which could be used
45 by the Royalty Committee to represent the community in various parades throughout the
46 year.
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CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
•
1 Council directed staff to investigate the cost of a trailer for the purpose of providing a
2 parade float for the Royalty Committee of Blue Heron Days. A decision regarding a
3 trailer purchase would be made after more information is obtained.
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5 CHARTER COMMISSION CORRESPONDENCE — GORDON HEITKE
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7 City Administrator Heitke distributed a packet of correspondence from the Chairman of
8 the Charter Commission, Mike Trehus. Chairman Trehus has requested that a copy of the
9 Pavement Management Plan be distributed in the Charter Commission's packets next
10 week.
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12 The Council directed staff to distribute a copy of the draft Pavement Management Plan to
13 Commissioners with the understanding that the PMP is not yet completed and has not
14 been approved by the City Council. Staff will also mark every page of the document
15 "draft".
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17 City Administrator Heitke referred to the distributed correspondence from Chairman
18 Trehus. He reviewed the proposed agenda for the joint Council/Charter Commission
19 meeting and asked if the Council had any comments since it was also their meeting and
20 agenda. He suggested the City Council get more legal direction from the City Attorney
21 regarding this issue because it is possible that some of the agenda items are not
22 appropriate, based on Ms. Retzer's comments earlier this evening.
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• 24 The majority of the Council directed staff to confer with the City Attorney about
25 attending the joint meeting between the Council and Charter Commission.
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27 City Administrator Heitke referred to an e-mail from Chairman Trehus requesting an
28 updated Five -Year Plan.
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30 Finance Director Rolek advised the City is still in the stage of drafting the Five -Year
31 Plan. There is not an updated Five -Year Plan to distribute.
32
33 The Council directed staff to advise Chairman Trehus the City is still working on the
34 updated Five -Year Plan.
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36 REGULAR AGENDA ITEMS
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38 There were no changes to the regular agenda.
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40 The meeting was adjourned at 12:40 a.m.
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42 These minutes were considered, corrected and approved at the regular Council meeting held on
43 May 9, 2005, 2005.
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48 Ann B1aiy City Clerk erge• . , M. or
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CITY COUNCIL WORK SESSION APRIL 6, 2005
APPROVED
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4 Transcribed by:
5 Kim Points
6 TimeSaver Off Site Secretarial, Inc.
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