HomeMy WebLinkAbout12/01/2008 Council MinutesAPPROVED
MINUTES
CITY COUNCIL WORK SESSION
3
4 DATE : December 1, 2008
5 TIME STARTED : 5:30 p.m.
6 TIME ENDED : 9:08 p.m.
7 MEMBERS PRESENT : Council Members O'Donnell, Reinert, Gallup, and
8 Mayor Bergeson
9 MEMBERS ABSENT : Council Member Stoltz
10
11
12 Staff members present: City Administrator, Gordon Heitke; Community Development Director,
13 Mike Grochala; Director of Public Safety, Dave Pecchia; City Planner, Jeff Smyser; City
14 Planner, Paul Bengtson; City Engineer, Jim Studenski; Economic Development Coordinator,
15 Mary Alice Divine; City Clerk, Julie Bartell
16
17 1. Comprehensive Plan Discussion
18 Community Development Director Grochala and Bonestroo consultant Ciara Schlichting
19 reported.
20 Mr. James Landsberger, 7849 Main Street, was present for the discussion on the County Road
21 14/I -35W area.
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3 A. Future County Road 14/I -35W Interchange
24 Community Development Director Grochala reported to the council on an Anoka County
25 transportation analysis of the interchange and vicinity. A report was prepared that examined the
26 area in conjunction with planning for the County Road 14 improvements (from 35W to 35E) that
27 are currently underway. The analysis included review of access alternatives with a conclusion
28 that there is not a need for additional regional access, including at 35W and County Road 14,
29 within the coming 20 year period. Regarding regional trail extension in the area, federal funding
30 requests are currently being accepted for 2013/2014 construction and the process is quite
31 competitive. The County Road 14 trail lacks connectivity to another system, a strong
32 consideration in funding.
33 Mr. Landsberger asked why the city is ignoring that in 1998 the federal, state and county
34 government wanted to move on improvements in the area but did not because the idea was
35 rejected by the city of Lino Lakes. Mr. Grochala explained that the history mentioned by Mr.
36 Landsberger is related to the last comp plan update and added that he is not aware that any
37 funding was offered. Mr. Grochala added the synergy is now felt to be at Lake Drive.
38 The council directed staff to get additional information from Anoka County on the history of
39 planning for the interchange area.
40
41 B. Metropolitan Council Affordable Housing study
10443 2 Community Development Director Grochala moved onto the affordable housing discussion. He
reviewed the Metropolitan Council's current guidelines as they relate to development of low and
CITY COUNCIL WORK SESSION -2- December 1, 2008
APPROVED
044 moderate income housing. The Met Council has projections of growth (sewer serviced) and
5 affordable units are allocated across the metro area based on those factors. From that point of
46 allocation, there are factors for addition or deduction such as low wage job proximity, affordable
47 housing stock, transit service, etc.
48 The council reviewed a map showing distribution of affordable housing units metro wide (with
49 an attached summary table). Staff pointed out that the map indicates that Lino Lakes has a need
50 for 1,051 units adjusted to 560. The proposed Plan estimates a total of 4,150 added housing
51 units for Lino Lakes.
52
53 A council member suggested that the previous Plan didn't include the same type of projections
54 and the 32% high density over the next ten years is not what Lino Lakes needs or wants. There
55 are already problems being seen with the addition of the housing in the Town Center area. The
56 council member suggests that the council's discussion on the Plan shouldn't be about "how" the
57 city does things but first "if' the city should do them.
58 The council committed to having as many discussions as necessary to bring together the Plan. A
59 joint meeting with the Comp Plan Advisory Panel will be scheduled for January 21, 6:30 p.m. at
60 City Hall.
61 The council then discussed a breakdown of the 4,150 projected units (platted vs. unplatted) and
62 locations (green field vs. in -fill).
63 When a council member asked staff what has happened to other cities that have not followed the
•64 Met Council's guidelines, Ms. Schlichting recalled that the City of Lake Elmo did not prevail in
65 their court case involving a fight against sewered development. She added that much of what the
66 Met Council is about is related to capital infrastructure development in their effort to plan for the
67 whole area.
68 A council member noted that the council's Plan review to this point has been mainly to give
69 general feedback without getting to specifics that can move the review along. There was general
70 concensus that the council must move toward some results and the ultimate responsibility in that
71 area lies with the council and not staff.
72
73 The council agreed to meet at a special work session to be held after the upcoming regular
74 council meeting on December 8 to continue the Plan review.
75
76 2. Request to Amend Animal Ordinance - Public Safety Director Pecchia reported.
77 Jeremy and Jamie Gudmundson, 992 Kelly St, were present; the Gudmundson's have requested
78 that the council amend the city's current animal control regulations to allow them to keep their
79 two dogs and sometimes a third fostered dog on their property (that does not meet the one acre
80 requirement for a private kennel).
81
82 Chief Pecchia reported that the Police Department is fine with the current regulations and their
83 official recommendation is no change. It is the council's prerogative to change the regulations,
84 however. If a change is eminent, from an enforcement standpoint, he'd recommend the rules be
85 changed overall to allow three dogs without a kennel license, avoiding the foster dog situation
.86 which would be difficult to verify. He pledged to follow the direction of the council and make it
87 work.
CITY COUNCIL WORK SESSION -3- December 1, 2008
APPROVED
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89 The council commented that, if there is a change, they would expect to hear from staff about any
90 issues that arise as a result. In looking at limits in other cities, it was verified that it is most
91 common to have a three dog limit. The council concurred that a change in the city's animal
92 control regulations to allow three dogs without a kennel license is appropriate. Staff was
93 directed to prepare an ordinance amendment for 1st reading at the December 8 council meeting.
94
95 3. Variance to Shoreland Ordinance OHWL Setback Requirement —1801 77th Street —
96 Planner Bengtson reported that the council considered this variance from the ordinary high water
97 level of Peltier Lake at the November 24 council meeting. The council directed staff to prepare
98 information that the council could utilize in discussing possible findings of fact relative to the
99 approval (or denial) of the variance request. Staff has provided historical information (minutes,
100 previous staff report) as well as other background information (including the variance section of
101 the zoning code, shoreland regulations from the code, aerial photo the area). In order to
102 formulate findings of fact, staff would need direction on the council's thought process for
103 approval if that is the desire.
104
105 Council comments included noting that the proposed alterations to the property would not
106 change the already non -conforming situation there. Also there should be some consideration
107 given to the history of the property (long time family property) and age of the structure. Further
108 the property doesn't and wouldn't represent a large variance from where the building needs to be
109 distance wise from the lake. The ordinary high water marks included in the regulations are
10 imperfect. When the house was put on this property, the dam wasn't present yet so the water line
11 wouldn't have been as close. The property in question lends to the rural quality of Lino Lakes.
112 Planner Bengtson noted that the council is urged to be cautious about setting a precedent.
113
114 A council member responded that this wouldn't set an unwanted precedent since there shouldn't
115 be a problem with people enlarging structures without bringing them closer to the lake; there
116 needs to be consideration for existing structures and this represents no further encroachment on
117 the lake shore than already exists.
118
119 The council directed staff to prepare findings supporting the variance based on their discussion
120 this evening; they will consider the variance at the council meeting on December 8, 2009.
121
122 4. Funding Request of I -35W North Corridor Coalition Update — The council had heard
123 from a member of the coalition encouraging the city to become a member. It was clarified that
124 this is an annual decision. The initial membership fee is $2,000 and, years following the first
125 year of membership, the fee is based on population and market value. The council wondered
126 about whether the upcoming work of the coalition will benefit the city; it was noted that the
127 benefits could be more than just working on corridors within the city. There are indirect benefits
128 to residents and the city of area transportation improvements. The coalition also brings with it
129 the benefit of joining with a larger group that has a larger voice with state officials. The council
130 concurred that the city will join the coalition but on a single year basis only.
131
32 5. Five -Year Financial Plan - Administrator Heitke recalled that upon discussion of the
W33 initial draft of the 2009-2013 Five Year Financial Plan and based on the challenges to the city to
CITY COUNCIL WORK SESSION -4- December 1, 2008
APPROVED
034 balance projects future revenues with expenditures due to current economic conditions, the
35 council has decided that they will engage in a strategic planning process to establish the Plan.
136 The council may want to address the resolution in place that states that the council will adopt the
137 Plan each year by December 31. To meet the existing deadline, the council would hold a public
138 hearing and adopt the draft plan in its current form. If the council wishes to extend the adoption
139 of the Plan for further work, that should be made clear by council resolution.
140
141 The council received clarification that the deadline is self-imposed (not required under law). The
142 council concurred that the deadline for adoption the Five -Year Financial Plan should be
143 permanently moved to the end of the first quarter of the first year of the Plan.
144
145 6. Code Project — Title 600, Business and Activity Licenses — City Clerk Bartell recalled
146 that the code project is underway with the council being asked to review certain chapters
147 independently and bring question to work sessions.
148
149 A council member asked why there was not a provision requiring that council meeting notices be
150 published and it was clarified that there is a provision in the state Open Meeting Law directing
151 the city on noticing meetings so it is not necessary to duplicate that in the Code. Regarding
152 Section 202.07, it was clarified that the speaking limit for council members is five minutes even
153 though there may have been a practice or an inference that it is four minutes.
154
155 Regarding Section 203.01, Subd. 3, regarding Council Compensation, a council recommended
6 that within the section on compensation for special meetings, the money figures should be taken
57 out of the code also (as are the council salary amounts). Staff will verify that is feasible.
158
159 It was clarified that the term "Clerk -Treasurer" has for the most part been removed and it is
160 replaced in some areas with the term "City Clerk" and with other staff references as appropriate.
161
162 The council reviewed Chapter 602 regulating the sale, possession and use of the tobacco
163 products and tobacco related devices in its entirety. The council agreed to the remove the city's
164 current penalty language and replace the same with the penalties established in State Statute
165 461.12
166
167 The council reviewed Chapter 611 regarding Lawful Gambling in its entirety. The council
168 requested that staff check on how the proposed regulations would work if the city is approached
169 for additional or additional types of gambling activities. Staff will obtain a legal review.
170
171 Regarding Section 611.11 regarding Profits from Gambling, the council discussed staff's
172 suggestion that, with the change in language from "city" to "trade area" for the benefited area,
173 other cities seem to have a higher percentage requirement on use of funds and who they benefit.
174 The city's is current ten percent. The council concurred that fifty percent would be appropriate
175 but they would like the gambling organizations to be notified in case they have an issue.
176
177The council reviewed Chapter 613 regarding Transient Merchants, Peddler, Canvasser and
m78 Solicitor, in its entirety.City Clerk Bartell noted three decision points for the council.
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CITY COUNCIL WORK SESSION -5- December 1, 2008
APPROVED
' 80 Section 613.04 as proposed would change the process from a council approved license to an
.i81 administrative process where the staff follows the ordinance established process and issues the
182 license; this would expedite the process. The council concurred that the license process should
183 continue status quo.
184
185 Section 613.03, the city's regulations excluding non -profits from licensing are not included in
186 the model code. The council may want to consider if they wish to retain that exclusivity. Staff
187 can point to no problems in retaining it. The council concurred with no change.
188
189 Section 613.08, includes reference to the hours of operation allowed (currently 9 a.m. to 9 p.m.)
190 Staff has seen some variations in this in other cities, especially in the end time. The council
191 concurred that 9 p.m. should be changed to one half-hour after sunset.
192
193 7. Open Meeting Law Allegation — Investigation Results — The council had received the
194 results of the investigation. Attorney Dougherty is available to attend the next regular council
195 meeting (December 8) to present the results; staff will add this item to the agenda.
196
197 8. Regular Meeting Agenda — The council requested a more detailed explanation of
198 Consent Items E, F, G and H; the Finance Department will provide additional information in the
199 weekly update and the council can remove the items from the consent agenda if more discussion
200 is needed at the meeting.
201
02 The meeting was adjourned at 9:08 p.m.
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204 These minutes were considered, corrected and approved at the regular Council meeting held on
205 December 15, 2008
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207 ,667421411A)
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209 Julianne artell, City erk John : ergeson, Mayor
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