Loading...
HomeMy WebLinkAbout04/07/2008 Council Minutes (3)2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 • 44 45 CITY COUNCIL WORK SESSION APPROVED DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES APRIL 7, 2008 : April 7, 2008 . 5:30 p.m. . 10:15 p.m. : Councilmember Gallup, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Director of Public Safety, Dave Pecchia; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Public Services Director, Rick DeGardner; Environmental Coordinator, Marty Asleson; Administration Director, Dan Tesch; City Planner, Jeff Smyser; Utility Supervisor, Tim Hillescheim; City Clerk, Julie Bartell. ADDED ITEM — BLUE HERON DAYS UPDATE Stephanie Smith, President of the Blue Heron Days (BHD) Committee, updated the council. She introduced Alyssa Stall, Executive Director, Lynn Bergman, Royalty Chairperson, and Bill Combs, Parade Coordinator. The event is planned for August 15- 17, 2008. A problem has arisen in that the Jaycees organization will not be able to sponsor the event insurance, but the committee hopes to find another sponsor and to submit the necessary forms to city hall soon. They have placed an ad in the Quad Press seeking volunteers and have gotten three or four interested persons. They are hoping to get some help from the Lino Lakes Lions also. 1. PROPERTY VALUATIONS — LINDA WIENER, ANOKA COUNTY ASSESSOR'S OFFICE — Linda Weiner, County Assessor's Office, updated the council on the Board of Review meeting planned for the April 14, 2008 council meeting (prior to regular meeting). She provided the council with the County Assessor's Report, Local Board of Appeal and Equalization, 2008 as well as information on foreclosed properties. Foreclosures are up and the amount is indicated in the report provided, however, foreclosure sales are not used within sales figures. Lino Lakes had 72 foreclosures in an approximate 15 month period. To make sure valuations fall within the 95 to 105 sales ratio as required by the state, the assessor uses sales figures within zones, such as a lakeshore zone. They also do a local effort if they find they are below 95%. The sales figures affecting the 2009 payable taxes are already in place; the current market won't show up until the 2010 payable taxes. The Assessor's Office is finding property owners more anxious to invite assessors into their homes and they believe that is to ensure values are accurately reflected. Door -hangers are left by visiting assessors to give people an opportunity for a visit. 1 • CITY COUNCIL WORK SESSION APRIL 7, 2008 APPROVED 46 Ms. Weiner suggested that council members refer calls or inquires about the process or 47 valuations to her so she can attempt to answer questions prior to the hearing. Her phone 48 number is 763-323-5480. She's received about 100 calls this year, less that the previous 49 year. 50 51 2. 2008 ENVIRONMENTAL BOARD GOALS — Marty Asleson, Environmental 52 Coordinator for the City, introduced Environmental Board Chair, Mary Jo O'Dea who 53 reviewed the goals for 2008. Ms. O'Dea noted that many are on-going goals. 54 55 Mr. Asleson noted the Rice Creek Watershed District's patented Blue Thumb Program. It 56 is an environmental education program. The city is required to participate but its benefits 57 will be many fold. It is a good program that will help the city meet its own environmental 58 goals as well as MPDS requirements for education. 59 60 In response to a question about coordination with the water conservation plan the city is 61 developing with the Department of Natural Resources, Mr. Asleson noted that the Blue 62 Thumb program is a part of improvement in that area; water discussion and looking at 63 individual projects for water impact is always a part of the Environmental Board's work. 64 There is expertise on the Board that will be helpful in that area. The city's consulting 65 engineer did address the Board on the issue and received input and suggestions. 66 67 The Board's recognition that they should be involved in the comp plan development as 68 well as conservation development activities is important. The council will consider 69 adoption of the goals at the next regular council meeting. 70 71 3. UTILITY RATE STUDY — Al Rolek, Finance Director, introduced Patty 72 Kettles, Springsted, Inc. She is reporting back on the utility rate study after receiving 73 council comments in October 2007. There were questions raised by the council and 74 Springsted has worked to address them. Staff also asked about strategies to cut back on 75 discretionary usage, with the consideration that there are users that don't have discretion 76 (e.g. industrial use). 77 78 Ms. Kettles reviewed the written reports. The original report called for one block rate for 79 all users (residential, commercial, industrial, etc.) but that met with concern from both the 80 council and staff so it has been reworked. In response to questions, she explained that she 81 located only one city over 40,000 that does not have a water treatment facility; and there 82 were no cities found to be imposing rates on a per capital basis. 83 84 Ms. Kettles presented and reviewed tables showing proposed blocks and rates for 85 residential and non-residential domestic/processed and irrigation water consumption. 86 Further presented was an estimated revenue amount and tables summarizing projected 87 changes in consumption patterns and the net effect on revenues as well as the projected 88 impact on various customer types. 89 CITY COUNCIL WORK SESSION APRIL 7, 2008 APPROVED • 90 91 They think the proposed water rates encourage conservation; they recommend education be a part of any changes. 92 93 The council confirmed that the last change in water rates was in 2001. Finance Director 94 Rolek noted that the average consumer would face a 4% increase, less that one percent 95 per year. They have tried to design a system that doesn't penalize non -controllable usage 96 but does certainly impact discretionary use. 97 98 When a question arose about the number of people per household and how a use per 99 person that doesn't penalize a family could be included, Ms. Kettles noted that 100 consumption is the common indicator for rates and it's directly related to the cost of use, 101 such as facilities. Director Rolek suggested that while it isn't possible to set rates on a 102 per person basis, they have attempted to look at averages and use that information to set 103 blocks and a rate structure to provide that those people who are using a higher than 104 average amount of water will pay the higher rates. The rates attempt to be fair to families 105 while still working to meet the benchmarks for water use. 106 107 Responding to a council question about how a rate change would be communicated to the 108 public, Director Rolek noted that there would be a mailing as well as a public hearing 109 held before rate changes are considered. Off course, information can be provided with 110 utility bills. 111 • 112 There was discussion about how many of the council's previous concerns are now 113 addressed with the rate proposal. 114 115 Public Service Director DeGardner respectfully disagreed that the proposed rates would 116 punish a large number of families. The fact is that 90 plus percent of households don't 117 reach the upper threshold. The tiered structure is really meant to address the summer 118 usage issue. The council requested that information be included in future reports. 119 120 The council was informed that the schedule for a rate change would involve the better 121 part of the summer for a public hearing and communication plan. Implementation in the 122 third quarter of this year is the best case scenario. Staff would need support of the 123 council to begin the process. 124 125 The question being, does the council want staff to proceed on the proposed rate structure 126 (do more work), each council member was given an opportunity to speak. The majority 127 supported moving forward with the next step. The official report should include the 128 additional information requested by council members. A hearing and a good 129 communication plan is absolutely required with full disclosure; additional comparisons 130 showing different impacts would also be helpful. The council should see an updated 131 report and communication plan before the question is presented to the public. 132 133 MAIN STREET VILLAGE — AZURE PROPERTIES (requested by Council • 134 Member Reinert and O'Donnell) - Paul Schrier and Tom Schutte, Azure Development, • CITY COUNCIL WORK SESSION APRIL 7, 2008 APPROVED 135 addressed the council. Their development called Main Street Village is planned for the 136 area of 35E and Otter Lake Road (site plan shown). The issue at hand involves relocation 137 of an existing driveway to an existing bank facility. A relocation agreement is a condition 138 of their conditional use permit and final plat. The driveway was put in on their land 139 without their permission and now the rest of the land is being held hostage from a grading 140 permit based on this condition and that could lead to tenant and project trouble. The 141 response of the bank has been the developer can relocate the driveway but at no cost to 142 the bank. The developers feel it is an unfair situation since they must bargain with the 143 bank but the condition leaves them unarmed. They would prefer to deal with it as a 144 private matter. The city should let them make their case by removing the condition. The 145 allowance for a grading permit is of vital importance to the development and should be 146 their focus instead of dealing with the other problems. 147 148 The council confirmed that the driveway was allowed on the land without the agreement 149 of Azure but now they are being required to get an agreement to get it moved. 150 151 The developers confirmed that they want to be able to resolve the matter but to be able to 152 move forward with their project while that is negotiated (allow issuance of grading 153 permit). 154 155 Director Grochala announced that the developer can receive a grading only permit 156 (without a final plat approval) without having this done. They currently have a draft 157 agreement that represents a grading only allowance. 158 159 The developers argued that the agreement includes or seems to imply many requirements 160 of the final plat and they'd like to get a better understanding of the real requirements for 161 just grading. 162 163 There was discussion about the city's responsibility for the development of the bank and 164 who allowed the driveway where it is. The developer claimed that they never gave 165 permission for the driveway or easement or anything. 166 167 City Planner Jeff Smyser noted that the City received only one application for the original 168 bank development. At that time, it was the City's understanding that the property would 169 be subdivided and the bank built. The City didn't have any awareness of agreements past 170 that. It was found later that the subdivision was never recorded. 171 172 The council concurred that the matter is legal and without legal input, they wouldn't feel 173 comfortable amending past agreements or conditions. 174 175 The developer stated that their goal is to have the condition removed from the final plat 176 approval. They do understand that they can move forward with a request for a grading 177 only permit and do want to "move dirt" this season. 178 • CITY COUNCIL WORK SESSION APRIL 7, 2008 APPROVED 179 SPRINKLER ORDINANCE — Engineer Studenski with Director DeGardner and Utility 180 Supervisor Tim Hillesheim, were present to report on a proposed water use restriction to 181 the city code. Currently the City has an odd -even restriction and is looking to institute a 182 time of day restriction. 183 184 Engineer Studenski reported that staff looked at restrictions in fifty cities around the Twin 185 Cities area. The odd -even is the only tool they found dealing with the matter of peak 186 demand. Peak demand is an issue in Lino Lakes as shown on a graph of Daily Peak 187 Demand comparing a week in March and a week in June. The amount of peak demand 188 can affect water service (pressure, storage capacity, supply, reserves) and continuing 189 increases will result in the need for additional infrastructure investment. 190 191 Based on research presented in their report, staff continues to recommend that the city 192 maintain the current odd -even sprinkling ban and create a midday water use restriction 193 between the hours of 10:00 a.m. through 6:00 p.m. 194 195 Mike DiMartino (no address given) addressed the council. His property has a well and he 196 has spoken to others in the same position. He's heard the same concerns - how can the 197 city dictate what he can and cannot do on his property. He doesn't believe the city should 198 tell him when he can and cannot use his well water. People who have wells are not 199 necessarily uninterested in conserving — he is interested in conservation. 200 201 The question of exempting wells from the provisions was discussed. Currently, the odd - 202 even regulations do not apply to well watering. The council concurred that regardless of 203 including well owners in the restrictions, the well owners should be included in the 204 information campaign about water conservation. 205 206 The council will consider second reading of the ordinance and any amendments proposed 207 thereto at the regular meeting on April 14, 2008. 208 209 Engineer Studenski reported on a rain sensor retro -fit program. Staff has been in contact 210 with representatives of MTI Distributing. They are offering a partnership that would 211 allow the city to purchase sensors at a reduced rate of $50 (from $117) with an agreement 212 to purchase at least 100 units. Staff proposes that the units would then be available to city 213 residents. The program has been successfully implemented by the City of Woodbury. 214 They are not aware of any cities that have charged for the sensors. 215 216 The council directed staff to prepare a formal recommendation to implement a rain sensor 217 program for the City of Lino Lakes. 218 219 6. 49/J DEVELOPMENT- Community Development Director Grochala reported 220 that staff has been contacted by a developer who has a grocer interest in the land in the 221 area of Hodgson Road and County Road J. It appears that land assembly for a 222 development would be most feasible on the west side of Hodgson Road. If a 223 development were planned in that area, considerable public improvements would be • • • CITY COUNCIL WORK SESSION APRIL 7, 2008 APPROVED 224 required including road widening, turn lanes, signalization and extension of utilities, 225 some requiring city assistance. The concept of a grocery store in the area has been 226 examined by the Economic Development Advisory Committee (EDAC) and supported as 227 a concept and as an appropriate use including for TIF financing, with the understanding 228 that neighborhood concerns must be worked through. Director Grochala added that the 229 grocery store concept is not in line with the current master plan for the area (2007) and a 230 traffic study has indicated that a grocery store may exceed the traffic capacity of the area. 231 232 Council comments included that anything that isn't conducive to the neighborhood on the 233 west side would be a hard sell; a store would have difficulty surviving financially; an 234 upscale store on the east side seems more viable; traffic issues exist in the area already; 235 there is minimal interest in even a smaller store on the west side; master plan calls for an 236 attractive area and that should be the goal. It was confirmed that housing would 237 eventually be a component of any development; residential provides an important fill -out 238 ability for the land. The council consensus was to not support a large box development 239 on the west side. 240 241 UTILITY FRANCHISE FEES - Administrator Heitke reported on the city's situation 242 relative to utility franchise agreements. Currently the city has a franchise agreement with 243 Xcel Energy (that will expire in 2008), receives a franchise fee from Centennial Utilities 244 for natural gas services, has an agreement with CenterPoint Energy that allows for a fee 245 but does not have one instituted, and has no agreement with provider Connexus Energy. 246 He noted a table in his report that outlines actions that would be needed to establish and 247 collect a franchise fee for all electrical and natural gas utilities in Lino Lakes. Would the 248 council like staff to include a franchise fee element as the Xcel Energy agreement is 249 renegotiated and what direction is given relative to the other utility agreements. 250 251 The council will review agreement changes or institution of agreements as they are 252 brought forward. 253 254 2008 WAGE ADJUSTMENTS - Administration Director Dan Tesch presented 255 information regarding contract negotiations with the AFSCME union (representing 256 clerical and technical employees) and Local 49 (representing street, utility and park 257 employees). The tentative agreements both include a two-year term, annual adjustments 258 of 3% for 2008 and 2009, health insurance provisions and some other specific changes. 259 He also presented a proposal relative to non-union salaries acknowledging that an annual 260 audit of some personnel items is underway and requesting a 3% one year adjustment. 261 262 There was a council comment that it is appropriate to consider just the annual adjustment 263 on the non-union personnel item but there should be a commitment to follow through on 264 other elements affecting those employees as the personnel study comes through. 265 266 A council member requested information indicating the actual dollar salary amounts 267 being discussed. 268 • CITY COUNCIL WORK SESSION APRIL 7, 2008 APPROVED 269 COUNCIL PRIORITY GOALS, ACTION PLAN 2008-2009 — Administrator Heitke 270 noted that the goals and objectives document before the council is based on discussion at 271 the recent council retreat. Administrator Heitke and the department directors reviewed 272 each goal and objective along with the action plans. 273 274 Police Chief Pecchia has received national recognition for the county wide Anoka DWI 275 Task Force. It is an award for traffic safety partnership for traffic enforcement and 276 leadership in DWI enforcement activities. Also Officer Trena Petersen will receive a 277 2008 Mellisa Schmidt Community Service Award and recognition (statewide) for her 278 work in assisting junior high school students. 279 280 The council confirmed that they will review the goals and objectives on a quarterly basis 281 this year. 282 283 REVIEW REGULAR AGENDA ITEMS - 284 285 Item 3G- Millers on Main request for Variance from State Fire Code — Administrator 286 Heitke explained that Mr. Wagner has submitted the same request as last year relative to 287 the size of a tent he would like to use for a special event on his property. Upon checking 288 with the State Fire Marshal's Office to schedule a hearing, the city was informed that the 289 2007 variance was granted for that year only and they would not be considering future 290 requests. The council needs to make a recommendation; it is a public safety 291 consideration. 292 293 Chad Wagner, owner of Miller's on Main, noted that he doesn't recall the letter that the 294 Fire Marshal sent — he was told that there wouldn't be an issue with future variance 295 requests. He is very surprised to learn that there is a problem now. Plans have already 296 been made that have required financial commitment on his part; it would be impossible to 297 move the event at this point in the process. 298 299 It was noted by a council member that historically there hasn't been any issues with the 300 event and it's been occurring for quite a few years. 301 302 Police Chief Pecchia asked for direction on whether or not the sound monitoring 303 equipment should be ordered. The council directed staff to prepare for noise monitoring. 304 305 The council agenda for Monday, April 14 was reviewed. 306 307 The meeting was adjourned at 10:15 p.m. 308 309 These minutes were considered, corrected and approved at the regular Council meeting held on 310 April 28, 2008. 311 312 313 7 deri°12 Be eson, Mayor