HomeMy WebLinkAbout10/05/2005 Council Minutes•
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CITY COUNCIL WORK SESSION OCTOBER 5, 2005
APPROVED
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3 CITY OF LINO LAKES
4 MINUTES
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8 DATE : October 5, 2005
9 TIME STARTED : 5:35 p.m.
10 TIME ENDED : 8:55 p.m.
11 MEMBERS PRESENT : Councilmember Carlson, Dahl
12 Reinert (5:45 p.m.) and Acting Mayor Stoltz
13 MEMBERS ABSENT : Mayor Bergeson
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15 Staff members present: City Administrator, Gordon Heitke; Director of Administration,
16 Dan Tesch (part); Community Development Director, Michael Grochala; City Engineer,
17 Jim Studenski (part); Chief of Police, Dave Pecchia (part); City Planner, Jeff Smyser
18 (part); and Economic Development Coordinator, Mary Alice Divine (part)
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21 COUNCIL SALARIES
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23 Director of Administration Tesch advised every four years, the Council has been asked to
24 consider the maintenance of their own salaries. Per statute, this is considered before the
25 election, before that year the increases are to take place.
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27 Director of Administration Tesch stated at the Council's September 21 work session, staff
28 provided the Council with the 2005 Elected Officials Salary Survey, a study produced by
29 the Association of Metropolitan Municipalities. It appeared as though the Mayor's salary
30 was 5% below market and Council salaries were 8.8% below market. The market for our
31 purposes is cities with populations between 10,000 and 20,000. Staff was also asked to
32 provide Council with additional information (prior 4 year Ordinance 07-97) and the
33 question was raised regarding pay for special meetings. Ordinance 07-97 was provided.
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35 Director of Administration Tesch advised in 1991, the Council amended the City Code to
36 add a $40.00 per additional meeting charge up to two meetings per month. In 1997, that
37 was amended to include 4 extra meetings per month. Staff has factored the $40.00
38 Council receives for attending Council work session meetings and recalculated the figures
39 which now indicate a market adjustment is not necessary. In which case, staff would
40 recommend that an Ordinance for Council Pay for years 2007-2010 be adopted which
41 would increase Council salaries by 3% for each year which will maintain Council salaries
42 at a marketable rate.
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44 Councilmember Carlson requested more information regarding Council salaries for
45 surrounding cities and cities similar in population to Lino Lakes.
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CITY COUNCIL WORK SESSION OCTOBER 5, 2005
APPROVED
1 This item will appear on the regular Council agenda Monday, October 10, 2005, 6:30
2 p.m.
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4 SIGN ORDINANCE
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6 City Planner Smyser advised the Council approved the first reading of this ordinance on
7 August 22, 2005.
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9 City Planner Smyser stated signage is always an extremely difficult issue. As with any
10 regulation, there will be those who will not agree with a signage requirement. The goal of
11 signage regulation, like any government regulation, is to balance the private interest and
12 the larger public interest. Signage advertises a business, which is good for the business.
13 Successful Business is good for the greater public. However, unregulated signage can
14 become an eyesore and a nuisance, which detracts from the good of the community.
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16 City Planner Smyser advised the Planning and Zoning Board discussed temporary signage
17 issues at numerous meetings since early 2003. These discussions led to the proposed
18 amendments in the draft ordinance.
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20 Councilmember Reinert arrived at 5:45 p.m.
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22 City Planner Smyser stated the current sign ordinance is No. 12-97. Once adopted by the
23 City Council, the new version will replace that signage.
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25 City Planner Smyser noted there are issues in the existing sign ordinance that perhaps
26 merit attention. However, the intent of the current amendments is to establish and clarify
27 requirements for temporary signage and related issues. The draft also clarifies or amends
28 some confusing requirements. Amending the overall ordinance is a much larger task.
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30 Second Reading: Ordinance No. 05 — 05, Sign Ordinance Amendments will appear on the
31 regular Council agenda Monday, October 10, 2005, 6:30 p.m.
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33 HARDWOOD CREEK COMPREHENSIVE PLAN AMENDMENT
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35 City Planner Smyser advised the application to amend the Comprehensive Plan has been
36 reviewed by the Planning and Zoning Board, which recommended approval. The
37 application also includes a concept plan for the future planned unit development (PUD).
38 The concept plan does not require a vote: it is an opportunity to get comment from the
39 City Council prior to the PUD application being assembled.
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41 City Planner Smyser provided a background of the review process noting the Village of
42 Hardwood Creek development will require a number of approvals, including:
43 comprehensive plan amendment, rezoning to PUD, PUD general development stage
44 plan/preliminary plat and PUD final development plan/final plat.
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CITY COUNCIL WORK SESSION OCTOBER 5, 2005
APPROVED
1 City Planner Smyser stated the current application is for amendment of the
2 Comprehensive Plan only. The other application would come later if the plan amendment
3 were approved. It is important to note that approval of this comprehensive plan
4 amendment does not grant or imply any right to an approval of applications that will
5 follow. As described in the zoning ordinance, the purpose of a PUD general concept plan
6 is "to provide an opportunity for the applicant to submit an application and plan to the
7 City showing the basic intent and the general nature of the entire development. The
8 concept plan provides an opportunity for the proposal to be publicly considered at an
9 early stage."
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11 City Planner Smyser advised the concept plan does not require approval of any type of
12 vote. However, it is important that the Council provide staff and the applicant with
13 comments on the concept plan before the project design progresses.
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15 City Planner Smyser explained the components of conservation development noting it is a
16 method of developing land in a way that is kinder to the natural environment than
17 traditional development. In short, conservation development is a method of development
18 design. Projects that are designed as conservation development can be exempt from some
19 Lino Lakes growth limits, at the Council's discretion.
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21 City Planner Smyser stated the Hardwood Creek project would be a conservation
22 development. The applicants originally intended the application to be a conservation
23 design, and have been following the AUAR project. The AUAR mitigation plan requires
24 that all development incorporate conservation elements whenever possible.
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26 City Planner Smyser outlined the two reasons the City cannot exempt this project from
27 the growth limits based on it being a conservation development. He provided detail on
28 the five elements of the proposed comprehensive plan amendment as it relates to the
29 Hardwood Creek project. He also reviewed the concept plan noting the site would
30 develop from south to north in four phases, with over half the commercial development
31 and some residential in phase one. The developer envisions full build out of the site over
32 six years.
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34 Mr. Greg Hayes, Hardwood Creek Development, stated the Comprehensive Plan
35 amendment request is a tough decision for the City Council because detailed are needed
36 to make good decisions. The problem with master planning a very large area is the cost
37 to obtain those details.
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39 Mr. Hayes advised the concept plan is a snapshot of what the project may look like. The
40 land use needs to be changed to get to the details of the project. A land use change does
41 not mean approval of preliminary plat.
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43 Mr. Hayes stated an independent firm was obtained to do an analysis of the increase in
44 market value and property taxes resulting from the development. The analysis, based on
45 conservative valuations, indicated an increase in annual property taxes from $11,000 per
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CITY COUNCIL WORK SESSION OCTOBER 5, 2005
APPROVED
1 year to over $4,900,000 per year upon full build out. A traffic study has been ordered.
2 The development team has not asked the City for any financial assistance for the project.
3 The development team is also looking at self-contained parks so maintenance of those
4 areas will not put a strain on the City. The zoning change is necessary in order to supply
5 the City with the details within the project. The development team is basically asking if
6 the City is in agreement with a mixed-use development on that site.
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8 This item will appear on the Council work session agenda Wednesday, October 19, 2005,
9 6:30 p.m.
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11 SEWER SYSTEM COMPLAINT
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13 Community Development Director Grochala stated at the Open Mike portion of the
14 September 26, 2005 City Council meeting, Mr. Lloyd Chalupsky, 2215 Reiling Road,
15 presented his concerns alleging that sewage effluent was moving into his property from
16 the septic system soil treatment area serving the Muehlstedt residence, 2221 Reiling
17 Road. The Council requested this issue be discussed at tonight's Council work session.
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19 Community Development Director Grochala reviewed the background of this issue
20 noting Pinnacle Engineering was retained by the Muehstedt's Attorney to provide an
21 expert opinion regarding the civil dispute between the homeowners. The results of the
22 testing were set forth in the August 16, 2005 report by Pinnacle Engineering. The report
23 concluded that sewage was not being discharged from the Muehlstedt property onto the
24 Chalupsky property.
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26 Community Development Director Grochala advised that based on that report, personal
27 observations and discussions with property owners, Jon Christianson issued a letter dated
28 September 13, 2005 stating that in his opinion water moving into the Chalupsky property
29 is a result of groundwater and not sewage effluent. City staff concurred and issues a
30 letter, to this effect, dated September 15, 2005.
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32 Community Development Director Grochala stated staff has discussed this issue with the
33 City Attorney. Based on the information available there does not appear to be a violation
34 of the City's Individual Sewage Treatment System (ISTS) requirements. Furthermore the
35 City Attorney has stated that the matter is a civil dispute and that the City should not be
36 involved unless further directed from the courts or if a clear violation of the City's ISTS
37 requirements are verified.
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39 Council directed staff to send a letter to Mr. Chalupsky a letter indicating the Council
40 concurs with the City Attorney.
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42 COMMUNITY SURVEY
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44 City Administrator Heitke stated at the September 21, 2005 Council work session, a
45 proposal from Decision Resources Ltd. was discussed. Staff was directed to obtain
46 additional information related to survey methodology.
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CITY COUNCIL WORK SESSION OCTOBER 5, 2005
APPROVED
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2 City Administrator Heitke noted he also inquired about their availability to appear before
3 the Council this evening. They were not available for the meeting but provided a written
4 response to the additional questions. They confirmed their flexibility to modify the basic
5 proposal, if desired by the Council. Upon approval of the proposal, they will prepare a
6 draft survey and present it to the Council for review and modifications, if needed.
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8 Councilmember Carlson requested information regarding any type of follow-up questions
9 if there is an issue that needs an additional response.
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11 It was the consensus of the Council that the proposal is acceptable and should be placed
12 on the October 10, 2005, regular meeting agenda for action.
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14 JOINT MEETING WITH CHARTER COMMISSION
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16 City Administrator Heitke advised that following the presentation on city charters and
17 charter commissions by an attorney from the League of Minnesota Cities to the Council
18 on April 6, 2005, questions were raised regarding whether the agenda proposed for an
19 April 14, 2005 joint meeting of the Charter Commission and City Council was consistent
20 with the statutory role and authority of charter commissions.
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22 City Administrator Heitke stated the issues of holding a joint Charter Commission and
23 City Council meeting was discussed again at the July 20, 2005 Council work session.
24 Councilmember/Charter Commission Liaison Dahl was asked by the Council to provide a
25 proposed agenda from the Charter Commission for a joint meeting. He referred to the
26 proposed agenda and indicated this proposed meeting would constitute a special meeting
27 of the Council. Therefore, the Council needs to confirm that they will be holding a
28 special meeting in order for staff to provide proper legal notice of the meeting, including
29 the purpose of the special meeting.
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31 The Council determined a special work session would be held prior to the regular Council
32 meeting Monday, October 10, 6:00 p.m. to discuss the proposed agenda for the joint
33 Charter Commission/City Council meeting. This item will also be added to the regular
34 Council agenda for further discussion.
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36 DONATION OF LEAVE TIME
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38 City Administrator Heitke stated Administration has been requested by members of the
39 Lino Lakes Police Department to pursue a provision in the personnel policies of the City
40 to allow for employees to donate a portion of their accrued sick leave to fellow employees
41 who may have depleted their available paid leave (sick/vacation/compensatory time)
42 because of a major life threatening event of the employee or immediate family member.
43 Provisions for donated leave do exist in the policies of several other government units,
44 including Blaine, Coon Rapids and Anoka County.
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CITY COUNCIL WORK SESSION OCTOBER 5, 2005
APPROVED
1 City Administrator Heitke stated that should the Council wish to consider allowing
2 employees to donate leave to other qualifying employees in need, a detailed policy needs
3 to be developed to clearly define who is eligible to donate and receive leave time and the
4 administrative procedures for such to occur.
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6 Council directed staff to prepare a draft a donation of leave time policy for Council
7 review.
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9 REGULAR AGENDA ITEMS
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11 The Community Survey Proposal was added to the regular agenda.
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13 Joint meeting with Charter Commission/City Council was added to the regular agenda.
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15 Council directed staff to begin a procedure of residents signing in their name and address
16 at the podium if they are addressing the City Council for the purpose of having the correct
17 spelling and address for those who speak.
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19 There were no other changes to the regular agenda.
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21 The meeting was adjourned at 8:55 p.m.
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23 These minutes were considered, corrected and approved at the regular Council meeting held on
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32 Transcribed by:
33 Kim Points
34 TimeSaver Off Site Secretarial, Inc.
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October 24, 2005.
Actin y Clerk
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Johi'i Berg son, ' ayor