06-12-12 CM Minutes Council/Manager Meeting Minutes
June 12, 2012
Present: Mayor Harris and Council Members, Clausen, Freiberg, Pentel and Scanlon, City
Manager Tom Burt, Assistant City Manager Chantell Knauss, City Attorney Allen Barnard,
Finance Director Sue Virnig, Chief of Fire and lnspections Mark Kuhnly, Fire/Property
Maintenance Specialist Josh Kunde, Fire Education Specialist Steve Baker, City Planner
Joe Hogeboom, and Administrative Assistant Lisa Wittman.
The meeting began at 6:30 pm in the Council Conference Room.
Bottineau Transi#way Locally Preferred Alternative (LPA)
Joe Hogeboom introduced Brent Rusco, Hennepin County, Bottineau Project Manager
and Mary Karlsson, Metropolitan Gouncil, Long Range Transportation Planning. Mr.
Rusco reviewed the Bottineau Transitway purpose, needs, goals and objectives. Ms.
Karlsson reviewed the LPA selection process, explained the decision-making structure
and discussed the project timeline and the phases of project development. She explained
that the Hennepin County Railroad Authority is looking for City resolutions of support of
the LPA by June 26.
The Council discussed their various concerns with the LPA including: the patential loss of
parkland, the impact to wetlands, the on-going maintenance of county sidewalks, funding
for station area p(anning, the lack of parking, noise and vibration issues, impact to homes
in the area and the need for, and location of, retaining walls. After the diseussion, the
Council consensus was to consider a revised resolution that addresses their concerns at
the next regular City Council meeting
2011 Comprehensive Annual Financial Statements
Bill Lauer of the auditing firm of Malloy Montague Karnowski Radosevich and Company,
presented the 2011 Comprehensive Annual Financial Report, Management Report and
Special Purpose Audit Report. He noted that they have issued an unqualified, "clean"
opinion on the City's financial statements.
Mr. Lauer reviewed highlights from the Management Report and noted that one on-going
finding is the limited segregation of duties in certain areas due to the sma!! size of the
City's office staff.
General Land Use Plan Map Amendment Request— Schuller's Tavern - 7345
Gountry Club Drive
Joe Hogeboom stated that Schuller's would like to add a patio to their property. He
explained that the property is currently considered to be nan-conforming because it is
guided for Low Density Residential on th� General Land Use Plan Map and it is zoned
Single Family Residential. In order for Schuller's to expand their structure to include a
patio, the majority of the City Council must agree to atlow the process to go forward to a
public hearing in order to consider amending the General Land Use Plan Map. If the
General Land Use Plan Map is amended, Schuller's can then apply to rezone the
property, apply for a Conditional Use Permit, and apply for variances to bring the property
into conformance.
Council/Manager Meeting Minutes
June 12, 2012 — Page 2
The Council discussed their concerns over what other types of uses/businesses could
operate at this location if the property was rezoned Commercial. They also discussed the
possibility of rezoning the property to the proposed new Light Commercial zoning district
once that district has been established. After discussion, the Council consensus was to
allow Schuller's to move forward with the proposal to re-designate the property to
Commercial on the General Land Use Plan Map amendment since both the Commercial
zoning designation and the proposed new Light Commercial zoning designation would be
allowed in the Commercial category on the General Land Use Plan Map.
Quasi judicial Proceedings
Allen Barnard reviewed the definition of quasi-judicial proceedings and stressed the
importance of fair, open and impartial hearings. He explained that in order to be fair, open
and impartial, decision makers should limit ex-parte contacts. Also, information cannot be
received in private but must be obtained in an open forum where both parties to the matter
have the information available and are in a position to respond to it.
The Council questioned the type of conversations that would need to be disclosed and
how they should disclose them. Barnard suggested that the Council consider adopting a
policy regarding these matters.
Proposed City Code Amendments — Residential Property Maintenance
Josh Kunde was in attendance to review the current Residential Property Maintenance
program. He gave a presentation to the Council and discussed the number of complaints
received each year, the process used to handle complaints and the differences between
citations and violations. He also reviewed the rental licensing program and discussed
some of the code changes he is recommending regarding residential property
maintenance.
The Council discussed enforcement issues, the amount of time it takes to get some
complaints resolved and the language in the ordinance regarding the location and
screening of garbage cans. Kunde discussed the timeline involved in following the legal
requirements when a violation or citation is issued. He also explained that enforcing the
garbage can requirements is difficult because trash is picked up every day of the week.
Also, some residents can't fit the garbage cans in their garage or the topography makes it
difficult to store garbage cans on the side of their house. After discussion, the consensus
was to better define the language regarding the allowed location of garbage can storage,
have the City Attorney review the ordinances, and bring them back to a future
Council/Manager meeting.
Emergency Management Plan
Steve Baker was in attendance to review the City's Emergency Management Plan
including the emergency operations center and the emergency operations plan. He
explained the goals of the emergency management plan and discussed when the
emergency operations center is activated, its role, its priorities, and how it works.
Council/Manager Meeting Minutes
June 12, 2012 — Page 3
Constitutional Amendment on Voter ID
Council Member Pentel stated that she asked for this item to be on the agenda because
she has heard concerns from residents. The Council discussed the issues involved in
considering this proposed amendment including the potential costs to the City. After
discussion, fihe consensus was to consider a resolution opposing the proposed
amendment at a future Council meeting.
Human Rights Commission Task Force Process
The Council considered the process they would like to see in establishing the Human
Rights Commission Task Force. They discussed the number of people they might like to
appoint to the Commission and considered ranking the applicants, then interviewing them.
After discussion, the consensus of the Council was to appoint all 19 applicants to the Task
Force. Chantell Knauss stated that letters will be sent to the applicants and a resolutian to
officially form the task force and appoint its members will be brought to the next regular
Council meeting.
The meeting adjourned at 11:25 pm.
Lisa Wittman
Administrative Assistant