HomeMy WebLinkAbout12/03/2007 Council Minutes•
•
2
3
4
5
6
7
8
9
10
11
12
13
14
CITY COUNCIL WORK SESSION December 3, 2007
APPROVED
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
: December 3, 2007
. 5:30 P.M.
. 8:15 P.M.
: Council member Carlson, O'Donnell,
Stoltz, and Mayor Bergeson
: Council Member Reinert
Staff Members Present: City Administrator, Gordon Heitke; Finance Director, Al Rolek;
City Engineer, Jim Studenski; Community Development Director, Michael Grochala;
Public Safety Director, Dave Pecchia; City Clerk, Julie Bartell
15 Miller's on Main — Chad Wagner, owner of Miller's on Main, asked to share
16 information as a follow up on the Blue Heron Days festival weekend. Mr. Miller stated
17 that on the Saturday night of the festival, during the special event at his bar, there was
18 some type of sting operation whereby there were officers from 14 different cities
19 patrolling around Miller's on Main. He is not promoting drinking and driving but the
20 impact of that presence was a severe decline in the number of people attending his event;
21 he took a big hit on business. After surveying people, Mr. Wagner found the general
22 perception is that it wasn't appropriate. It was a frustrating situation and he wants the
23 council to be aware. He believes it will have an impact into the future on not only the
24 concert but also on the festival as a whole.
25 Chief Pecchia noted that the city is a member of the DWI Task Force. Member
26 communities normally have the presence of officers during their community festivals to
27 promote a safe environment. The work of the task force has brought DWI fatalities
28 down. The goal is not to stop drinking but to stop driving after drinking. It is a safety
29 issue for everyone involved in the festival and the enforcement activities serve as a
30 learning experience for the public.
31 Wagner recalled the history of the Blue Heron Days event. In 2003 and 2004 there were
32 no more DWI's given than an average weekend. This is a perception problem — even
33 people who don't drink and drive are frightened away. The reality is that it crushed
34 attendance for all the area businesses that weekend.
35 Responding to a question on the membership of the task force, the Chief explained all the
36 city and county law enforcement agencies within the county are participants. It is
37 governed by a group of liaisons representing the communities involved.
38 A council member expressed support for the work of the task force and the importance of
39 their public safety work to the community.
40 It was noted that both activities, the festival and the DWI enforcement work, are good
41 efforts and there should be a way for both of them to operate.
42 Charter Amendment — The council acknowledged that the Commission met the statute
43 imposed deadline for responding to the council's proposed charter amendment. The
•
•
CITY COUNCIL WORK SESSION December 3, 2007
APPROVED
44 council will add an official receipt of the commission response to the next council
45 meeting agenda.
46 Charter Commission Chair Cori Duffy outlined the amendment proposed by the council
47 in July. The commission spent many hours over the past five months reviewing the
48 issues and attempting to balance the rights of the city and the citizens. They recognize
49 the need for a change in the existing charter language; road reconstruction is necessary
50 work. The commission took to heart a goal of identifying an improvement process that
51 can have the city and citizens working together. Ms. Duffy reviewed the significant
52 provisions of the substitute amendment. They are recommending removal of the blanket
53 referendum requirement for every project. They believe the proposed amendment will
54 serve the citizens well while allowing work to be done. They are requesting that the
55 council approve the substitute amendment for placement on the November 2008 ballot
56 for consideration by the public.
57 The council acknowledged the hard work of the commission.
58 The council reviewed process.
59 Karen Marty, attorney for the Charter Commission, noted that up to the point of putting
60 something on the ballot, the commission or the council could change their proposal. The
61 charter commission could change their proposal and the council could change their
62 proposal, however, input on changes from the charter commission would be appropriate.
63 The mayor suggested that all council members should have the time to review the
64 proposals. If questions arise through that process, they should be answered. A good
65 understanding of the proposal is the way to start.
66 A council member asked if the commission discussed how the feasibility study element
67 fits into the process and if there could be certain cases where it would be appropriate to
68 have a neighborhood pay for a study?
69 Ms. Duffy added that the amendment speaks to the fact that in some cases residents are
70 interested in road improvements but not necessarily the water and sewer.
71 Another council member noted two portions of the substitute amendment that deal with
72 that element (Page 2, ; and Page 4, Subject 2, Preferences counted).
73 Attorney Marty explained that the commission discussed and recommended use of the
74 word "may" over "shall" allowing the city council to make the decision about going
75 forward with a project, including a feasibility study.
76 A council member noted that the 12% voter requirement presented in Section 8.09 stands
77 out because, based on the type of election and candidates, that could be a moving target.
78 The council concurred that the matter will be on the council agenda but not to consider
79 placement on the ballot as yet. The council will take an official action to receive their
80 substitute amendment. They will certainly notify the commission when discussion is
81 planned.
82 The council plans to discuss questions and process and perhaps have some type of group
83 meeting within the first quarter of 2008.
84 The substitute amendment will be referred to the city attorney for review.
•
•
CITY COUNCIL WORK SESSION December 3, 2007
APPROVED
85 Eagle Brook Lights (at council request) — Council Member O'Donnell noted that this
86 matter was placed on the agenda with the understanding that Barbara Bor (a resident in
87 the area of Eagle Brook Church) would be invited to the meeting. Circumstances didn't
88 allow for that to happen so he is recommending that the matter be placed on the agenda
89 for the next council work session. Ms. Bor doesn't want to have a discussion on the
90 lights themselves but rather on the process that will be used for communication about the
91 lights and may want to invite other area residents.
92 Chief Pecchia reviewed the lighting history and situation at the Eagle Brook Church.
93 Approximately a year ago the department received information that there was difficulty
94 seeing officers directing traffic in the area. The department tried different approaches
95 and settled on asking for placement of temporary lighting by the church. While that
96 discussion occurred almost a year ago, it's taken a long time to get the lights and then to a
97 season when the lights are needed. Ms. Bor had an issue with placement as these lights
98 were initially used on an experimental basis and she approached the officers working.
99 That was a difficult time for them to discuss the matter but they did report the incident
100 him (Pecchia). There was also discussion occurring with MnDOT about lighting at 35E.
101 Currently the church is indicating that the temporary lighting may not be their choice and
102 they are looking at other options. It may be appropriate to wait to hear about those
103 options. The Chief noted that he had not communicated with Ms. Bor or other area
104 residents since options were still, open. He takes responsibility for not calling Ms. Bor to
105 inform her of their request to Eagle Brook.
106 A council member noted that the issue is about communication. It was noted that Ms.
107 Bor had pointed out when the conditional use permit (CUP) is considered, she had noted
108 her concern about the officers and lighting but it was ignored. Process requires that a
109 change in a CUP needs to be handled by the council and so the council should have been
110 more involved through the last year and half (not just staff).
111 There was some discussion about where the bounds of a CUP ends and where public
112 safety and the police department begins.
113 In response to a council comment that the CUP should include some consideration of this
114 issue, staff remarked that they don't necessarily see the use of temporary lighting as a
115 CUP issue; it's more of an intersection lighting issue at the call of the police department.
116 Administrator Heitke noted that this will be an item on the January work session agenda
117 or as soon as the best discussion can occur, based on all parties' input.
118
119 ATV/Snowmobile Ordinance (at council request) — Chief Pecchia noted that he has
120 spoken with John McClellen who owns a tree farm on West Shadow Drive and he is
121 aware that Mr. McClellen wishes to drive his Rhino (heavy duty golf cart -type ATV) as a
122 work tool. The city's recently enacted ordinance would restrict that use on city streets
123 (not county roadway). The chief pointed out that Mr. McClellen does have a trailer and
124 has used that to transport the ATV in the past. Looking at the greater good and from a
125 public safety standpoint, the department has chosen to recommend restriction of the use
126 of ATVs on city streets.
•
•
CITY COUNCIL WORK SESSION December 3, 2007
APPROVED
127 It was pointed out that the vehicle in question is licensed as a farm vehicle and would be
128 used only between his properties.
129 The police department is in the process of investigating the possibility and legality of an
130 exception for farm vehicles moving between parcels.
131 Not on Agenda Item — Council is receiving calls about the danger of making a left hand
132 turn from 35W north onto Lake Drive. Visibility is a problem.
133 Community Development Director Grochala explained that the roadway is set up as it
134 will be through the winter. They have addressed concerns as possible (sanding, visibility
135 improvements, signage, etc.)
136 Solid Waste Hauler Fees — Community Development Director Grochala noted that staff
137 was asked to compare the city's solid waste fees with surrounding communities. A
138 review shows that city fees are a little on the high side. The information presented by
139 staff provides information and comparisons among different fee systems.
140 There was some concern expressed about the wear and tear the large garbage trucks cause
141 on city streets with numerous companies operating numerous vehicles.
142 Director Grochala noted the modern streets in the city are built for vehicles up to seven
143 tons. One way to limit the number of trucks is to further limit the number of haulers or
144 the trucks they are allowed to use.
145 No change to the fee structure is indicated at the current time.
146 Five Year Financial Plan — Finance Director Rolek noted changes in the most recent
147 plan distributed to the council. Staff has removed any in-house engineering staff
148 included in the document, including related capital purchases. There are offsetting
149 revenue changes that come into play due to the loss of ability to do some duties in-house.
150 The number of staff positions for 2009 were reduced (including engineering and police).
151 Expenditures were reduced from 45.7% to 40.5% over the course of the plan, resulting in
152 a 5+ percent decrease in spending. The actual reduction in tax rate is about .6%. In order
153 to have a greater impact on tax rates, you would have to be less conservative in the
154 growth predictions or reduce expenditures drastically.
155 On the question of adopting the document, the process laid out by resolution of the
156 council dictates that after the council has agreed upon a final draft, a public hearing is
157 held for public comment, and following the hearing the plan is adopted by the council.
158 All of that is supposed to take place by the end of the year. The council has decided that
159 the plan will be discussed at a couple of meetings, the hearing held in January and the
160 plan adopted shortly thereafter.
161 The council concurred that the plan is a realistic view of what the city can forecast at this
162 time and they are prepared to move toward the public hearing stage. They will continue
163 to review the plan each year; it was clarified that the plan does not give spending
164 authority.
165 It was noted by a council member that the West Shadow Lake improvement project has
166 fallen off the screen. Staff explained that it was turned down numerous times and in
•
CITY COUNCIL WORK SESSION December 3, 2007
APPROVED
167 consideration of the need to look at other streets, that street will be held off for some
168 time.
169 The public hearing will be put on the calendar. The council requested that the hearing
170 and document approval not be scheduled for the same meeting..
171 West Oaks Utility Improvements - Petition Questionnaire — City Engineer Studenski
172 recalled that a petition was submitted by 47% of the property owners in the West Oak
173 subdivision. The council directed staff to prepare a letter and resident questionnaire to
174 get more information (particularly from residents who didn't sign the petition) on going
175 forward with a feasibility study.
176 Staff has proposed a letter and is requesting direction from the council on the
177 acceptability of the information provided in that letter, including the level of detail. They
178 are recommending that a specific feasibility study cost not be included although a general
179 figure per property could be estimated and included.
180 Suggestions for change in the letter: clarify that the $20,000 to $30,000 is a cost per
181 property; clarify that the cost estimates would correlate to improvements in the area of
182 the street and would not include a long connection to a property located farther from the
183 roadway.
184 Staff was directed to include a figure of $500 as an estimate of property owner cost for
185 feasibility information.
186 The council may consider a goal to put a more solid process into place for consideration
• 187 of these requests.
188
189 2008 Comprehensive Plan Process Update- Community Development Director
190 Grochala explained that the Comprehensive Plan Advisory Panel has submitted a
191 proposed Land Use Plan. The proposed plan depicts ultimate build out of the city in
192 order to include evaluation of long term system needs. The proposed plan will be
193 presented at a city open house on December 4 and comments received will be
194 incorporated into the future planning process.
195 As an update on the process and advisory panel, there remains a core group of about 15
196 members who are participating consistently. Staff remains committed to bringing the
197 plan to the council around April.
198 Hartford Group (minutes of November 5, 2007 work session) — Clerk Bartell noted
199 that the council held these minutes from the last council agenda based on a question
200 about the clarity of the portion regarding discussion of the Hartford Group development.
201 That portion of the minutes has been revised and presented for review.
202 Council Member Carlson expressed concern that there was discussion about the change
203 in the ratio of rental to owner but the minutes don't reflect that the council did not concur
204 with any change nor did they grant any type of approval to the rental housing proposal.
205 Minutes should be removed from the council agenda of December 10, 2007 and Council
206 Member Reinert should be given an opportunity to review the revised minutes.
• 207 Review of December 10 regular meeting agenda
•
•
•
CITY COUNCIL WORK SESSION December 3, 2007
APPROVED
208 The meeting was adjourned at 8:15 p.m.
209
210 These minutes were considered, corrected and approved at the regular Council meeting
211 held on December 17, 2007.
212
213
214
215
21
217 a ian + e Bartell, C. y Clerk
JJ4p
John J. Bergeson, Mayor