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HomeMy WebLinkAbout03/03/2008 Council MinutesCITY COUNCIL WORK SESSION March 3, 2008 APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 DATE : March 3, 2008 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 7:45 p.m. 7 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, 8 Reinert, Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff members present: City Administrator, Gordon Heitke; Director of Public Safety, 13 Dave Pecchia; Community Development Director, Mike Grochala; City Engineer, Jim 14 Studenski; City Clerk, Julie Bartell. 15 16 POLICE UPDATE 17 18 Police Chief Pecchia reported that the Lino Lakes Police Department assisted a Kansas 19 city police department (on February 29, 2008) in the arrest of an individual accused of an 20 Internet related crime against children. The individual is a janitor at Centennial Middle 21 School. The Lino Lakes Police Department investigated and they do not believe there has 22 been any related problems at the school. 24 • 24 CHARTER AMENDMENT — Steve Bubul, Kennedy & Graven, was present and 25 outlined his most recent correspondence regarding clarification of the impact of various 26 charter amendment alternatives on the ability of the city to issue tax-exempt bonds for 27 improvements. Having exempt areas does create differing rights among property owners 28 and therefore the easiest way to deal with the question would be to remove the exempt 29 zones. Mr. Bubul was asked about the possibility of removing the zones from the 30 Charter Task Force proposal. 31 32 It was noted that historically the exempt zones were established due to the commercial or 33 anticipated commercial nature of those areas, to deal with the few residential properties 34 located therein. Those zones are exempt from the charter provisions and assessments are 35 basically handled under Chapter 429 rules. The Charter Task Force proposal would add a 36 right to those residential properties to opt out of an improvement project, a right they 37 don't have under Chapter 429 rules. If the zones were removed, the ability of those 38 residential property owners to opt out would change but if it is a situation that absolutely 39 does not benefit the property, generally they can and should not be assessed anyway. 40 41 The council discussed the implication of changes to larger land holders and was informed 42 that there are generally deferment provisions on undeveloped land. 43 44 The Mayor noted that the council will need to move in some direction if there is a desire • 45 to forward a charter amendment to the voters this fall. 46 • • CITY COUNCIL WORK SESSION March 3, 2008 APPROVED 1 There was a short review of the discussion of the February 27 work session and 2 discussion to date on all the amendments. It was noted that there was not a clear reaction 3 of the Charter Commission but a commission member did ask what could be changed in 4 the Charter Commission proposal to make it workable. It was identified that, from a legal 5 standpoint, the existing Charter language would be preferable to the Charter Commission 6 proposal which would actually make it harder to fix roads in the city. Regarding the 7 Task Force amendment, it would conceivably make the improvement process easier 8 because it incorporates many of the elements of Chapter 429 but it also includes the 9 element of allowing benefited property owners to stop a project. The requirement for a 10 referendum is removed in both proposals. 11 12 It was clarified that when the Citizens Task Force approved their proposal, the vote was 13 unanimous. 14 15 A council member asked about concern that changing the charter language dilutes the 16 citizens' ability to participate in public improvement decisions; Mr. Bubul suggested that 17 could be a concern but also pointed out that Lino Lakes is basically one of only two cities 18 in the state that has charter provisions like the current (the other is Mounds View that has 19 a reverse referendum). 20 21 It was clarified that the implication of utilizing tax exempt versus non-exempt bonds 22 would be a significant cost difference. 23 24 It was opined by Mr. Bubul that the council couldn't send an amended version of the 25 Task Force proposal and still maintain the right to put the original proposal on the ballot. 26 27 On the question of removing the exempt zones, city staff indicated that the impact is 28 basically monetary on both the city and those assessed. The council discussed the 29 sensibility of removing the zones based on the change of the affected areas from the 30 1990's when the zones were created. They looked at possible objections from the few 31 residential properties that are included. Under the current Charter provision, the property 32 owners can opt out on their own. Under the Task Force proposal, they have no special 33 opt out because they would fall under Chapter 429. The council reviewed the maps 34 indicating how many properties could be impacted. 35 36 It was clarified that under the Task Force proposal, the city would remain one of only two 37 cities in the state that allows the affected property owners to petition out. The Task Force 38 proposal also includes a process to bring the city and the property owners together before 39 the final decision. 40 41 Staff was directed to draft a new ordinance for consideration by the Council on March 24, 42 2008. The ordinance should be the Task Force Proposal minus the exempt zones. 43 CITY COUNCIL WORK SESSION March 3, 2008 APPROVED 1 CONSIDERATION OF ADVISORY BOARD APPLICANTS — Council members 2 submitted the voting sheets they had received in the Weekly Update indicating their votes 3 for advisory board appointments. 4 5 The Mayor clarified that if the council approves four persons for the Economic 6 Development Advisory Committee they would in fact be increasing the size of that group 7 by one. There was no objection. 8 9 Administrator Heitke tallied the votes and presented the results. 10 11 The votes were accepted with the following clarifications: Richard Jensen will receive 12 the two-year term for the Park Board; Pamela Hartley will receive the two year term for 13 the Environmental Board; EDAC will be increased to allow for one additional member. 14 15 WATER EMERGENCY AND CONSERVATION PLAN IMPLEMENTATION - 16 City Engineer Studenski recalled that the city exceeds the DNR benchmarks for water use 17 in three categories. He is presenting recommendations to address those situations. In the 18 area of residential gallons per capital, staff is recommending an ordinance requiring rain 19 sensors with all new automatic sprinkler systems. The engineer is proposing to offer a 20 rain sensor retro -fit program whereby the city could offer some incentives; council 21 direction would be needed on incentives and how they are funded. Residents utilizing a 22 well system would not be impacted. The council requested more information on what an 23 incentive program would look like as well as associated costs and funding possibilities. 24 25 Engineer Studenski then reported on the public education aspect and how staff proposes 26 to implement an education program. 27 28 Staff is also proposing an ordinance that would restrict lawn watering during the daytime 29 hours of 10:00 a.m. to 6:00 p.m. Keeping the odd -even restriction is still recommended 30 because it deals with peak demand issues. When the council discussed the possibility of 31 losing the odd -even day restriction, Engineer Studenski explained that the city is 32 attempting to address not only the issue of conservation but also the peak usage issue that 33 drives the needs for more water services. The odd -even ordinance is already on the 34 books. Staff will investigate the impact of a change to restricted hours but not days. 35 There are signs installed throughout the city that would have to be changed. 36 37 Engineer Studenski noted that the water rate structure is another piece of the plan and it is 38 currently being reviewed by the city's consultant Springsted. 39 40 Staff was directed to proceed with first reading of the ordinance on March 24 with the 41 understanding that there will be an opportunity for the council to receive more 42 information at the April work session before final consideration (2nd reading). • CITY COUNCIL WORK SESSION March 3, 2008 APPROVED 1 2 WARE ROAD/BIRCH STREET SIGNAL PETITION — City Engineer Studenski 3 noted that the city has been presented with a petition requesting a stoplight or stop sign at 4 the intersection. The petition contains 42 pages of resident signatures from Lino Lakes 5 and surrounding communities. Since Birch Street is under the jurisdiction of Anoka 6 County, a copy of the petition was forwarded to them. The county will be reviewing the 7 issue and will allow the city an opportunity to have input. 8 9 The council will officially receive the petition on March 24 and will be directing staff to 10 send a letter acknowledging receipt of the petition and informing signers that the city will 11 be requesting county review. 12 13 REVIEW REGULAR AGENDA ITEMS 14 15 The council agenda was reviewed. Second reading of the proposed animal ordinance may 16 be pulled from the agenda to allow for additional review. 17 18 The meeting was adjourned at 7:45 p.m. 19 20 These minutes were considered, corrected and approved at the regular Council meeting held on 21 March 24, 2008. 22 23 PAP 24 2 "1uli e Bartell, Cit Cl 27 • 4 John Bergeson, Mayor