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Home My WebLink About01-10-2011 Council Minutes COUNCIL MINUTES January 10, 2011 APPROVED CITY OF LINO LAKES L.../ 2 MINUTES L.../ 3 4 5 DATE : January 10,2011 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; Director of Administration Dan Tesch; City 13 Attorney Joseph Langel; Community Development Director Michael Grochala; Chief of Police Kent 14 Strege; City Planner Paul Bengtson; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 John DeHaven, 1612 Birch St, commented on security for city council meetings; support for the city 19 council's English only action; support for multiple cities sharing resources and employees to save 20 costs; and opposition to the city funding any noise studies for a race track. 21 22 SETTING THE AGENDA 23 24 The agenda was accepted as presented. 25 26 CONSENT AGENDA 27 28 Council Member Gallup moved to approve the Consent Agenda, Item 1A. Council Member Rafferty 29 seconded the motion. Motion carried on a unanimous voice vote. 30 31 ITEM ACTION 32 33 Consideration of Expenditures: 34 35 January 10, 2011 (Check No. 89776- 36 89924, $305,552.24) Approved 37 38 FINANCE DEPARTMENT REPORT,AL ROLEK 39 40 There was no report from the Finance Department. 41 42 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 43 44 3A) Annual Appointments—Administration Director Tesch noted that each year the council 45 makes necessary appointments to various groups and for certain responsibilities. These appointments 1 COUNCIL MINUTES January 10,2011 APPROVED 46 are made at the first council meeting each year. The council reviewed the appointment list at their 47 recent work session and, based on those discussions, a list is before the council for approval this `.I48 evening. 49 50 Council Member O'Donnell moved to approve the list of 2011 appointments as presented. Council 51 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 52 53 3B) Promotion of Tim Payne to the position of Street/Storm Water Supervisor- 54 Administration Director Tesch explained that the city's Public Works Superintendent position was 55 vacated by retirement recently. Staff is recommending that a new position be created that will 56 combine that position with Storm Water Specialist. Internal interviews were held for the new 57 position of Streets and Storm Water Supervisor and staff is recommending that Tim Payne of the 58 Public Services Department be promoted to the new position, effective January 1, 2011. 59 60 The mayor noted that the position shifting is based on reorganization and is resulting in cost savings. 61 62 Council Member Rafferty moved to approve the recommendation as presented by staff. Council 63 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 64 65 3C) Consider Second Reading and Passage of Ordinance No. 13-10, amending Chapter 204A 66 of the Lino Lake Code of Ordinances adding conflict of interest language—Administration 67 Director Tesch stated that the proposed ordinance would add language to the city code regarding 68 conflict of interest. The language would apply to all boards and commissions as well as the city 69 council. The language is in line with what was discussed by the city's charter commission at their 70 joint meeting with the council. First reading of the ordinance was approved on December 20, 2010 71 and staff is now presenting the ordinance for second reading and final passage. 72 73 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member Roeser 74 seconded the motion. Motion adopted upon a unanimous voice vote. 75 76 Council Member Roeser moved to approve second reading and passage of Ordinance No. 13-10 as 77 presented. Council Member Rafferty seconded the motion. The motion was adopted: Yeas, 5;Nays 78 none. 79 80 PUBLIC SAFETY DEPARTMENT REPORT,KENT STREGE 81 82 There was no report from the Public Safety Department. 83 84 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 85 86 There was no report from the Public Services Department. 87 88 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 89 90 A) Open Air Markets,Transient Merchants, and Community Gardens 2 • COUNCIL MINUTES January 10, 2011 APPROVED 91 1. First Reading of Ordinance Number 02-11, Amending the '1 92 zoning ordinance requirements regarding Open Air Markets,Transient Merchants, and `/93 Community Gardens—City Planner Bengtson reported that the city's Planning and Zoning Board 94 initiated a discussion regarding zoning and open air markets, transient merchants and community 95 gardens. The Board has forwarded this ordinance that will update the city's zoning ordinance to: 1) 96 allow for community gardens in the city (on city land only)and establish a process for obtaining an 97 agreement to operate; 2) allow for open air markets in all zoning districts, with the issuance of a 98 special event permit through the city; and 3) allow certain roadside activities in all zoning districts 99 with the issuance of a transient merchant license through the city. 100 101 Council Member Roeser moved to approve first reading of Ordinance No. 02-11 as presented. 102 Council Member Gallup seconded the motion. Motion adopted on a unanimous voice vote. 103 104 ii. First Reading of Ordinance Number 01-11, Amending City Code Chapter 615 105 definition of the term Special Event to include Open Air Markets—City Planner Bengtson 106 explained that the ordinance amends the city code to match the changes referred to above in the 107 zoning ordinance. 108 109 Council Member Gallup moved to approve first reading of Ordinance No. 01-11 as presented. 110 Council Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 111 112 6B) First Reading of Ordinance Number 03-11,Amending the zoning ordinance requirements 113 regarding Motor Vehicle Sales Lots—City Planner Bengtson reported that staff is recommending this 14 change to the city's zoning ordinance that would clarify the definition of a outdoor sales lot. The term 115 would be replaced by"motor vehicle sales lot" since that more clearly identifies its intent in the code 116 and clarifies that it is not a temporary use. Parking requirements are also being clarified. The Planning 117 and Zoning Board has recommended approval of this change. When a council member asked how 118 many motor vehicle sales lots there are in the city, Mr. Bengtson said approximately 5 to 10 and added 119 that the change would apply to new operations only. 120 121 City Attorney Langel recommended that the language"sale or lease of new automobiles" in Section 2 of 122 the ordinance be clarified so that it applies to used vehicles as well. Staff concurred with the change. 123 124 Council Member O'Donnell moved to approve first reading of Ordinance No. 03-11 as presented. 125 Council Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 126 6C) First Reading of Ordinance Number 04-11,Amending the zoning ordinance 127 requirements regarding Home Occupations—City Planner Bengtson explained that the proposed 128 ordinance would amend the city's home occupation regulations. The city council recently discussed 129 those regulations and requested that staff review them as they apply to sale of goods not made on site. 130 Mr. Bengtson reviewed the chart in his report that indicates how retail sales will be allowed and under 131 what level of regulation. The Planning and Zoning Board has unanimously recommended approval of 132 the ordinance. 133 Li 3 • COUNCIL MINUTES January 10, 2011 APPROVED 134 Council Member Rafferty moved to approve first reading of Ordinance No. 04-11 as presented. "' 135 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. L436 137 6D) First Reading of Ordinance No. 05-11 Amending Section 507 of City Code Regarding 138 Solid Waste Collection Times—Community Development Director Grochala reported that the City 139 has received complaints about early solid waste pick up activities in residential areas. As a result the 140 council directed staff to determine if an adjustment in allowed hours of operation would be 141 appropriate. Staff is presenting an ordinance that would change the city's regulations to allow no 142 solid waste activity in residential areas before 7:00 a.m. (previously 6:00 a.m). The 143 commercial/industrial areas could still be serviced as early as 6:00 a.m. A council member confirmed 144 that the solid waste haulers have been consulted on this change and do not have major concerns. 145 146 Council Member Rafferty moved to approve first reading of Ordinance No. 05-11 as presented. 147 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 148 149 6E) Public Hearing and First Reading of Ordinance No. 06-11 Vacation of an Easement for 150 Drainage and Utility Purposes over all of Lot 5,Block 2, Century Farm North 4th Addition, 151 Anoka County,Minnesota—Community Development Director Grochala explained that this matter 152 was scheduled for a public hearing this evening,however,the project is not ready to proceed. Staff is 153 recommending that the council continue the public hearing. 154 155 Council Member Rafferty moved to continue the public hearing. Council Member Gallup seconded 156 the motion. Motion carried on a unanimous voice vote. 57 1 158 UNFINISHED BUSINESS 159 160 There was no Unfinished Business. 161 162 NEW BUSINESS 163 164 There was no New Business. 165 166 COMMUNITY CALENDAR: 167 168 Community Calendar—A Look Ahead 169 January 11, 2011 through January 24, 2011 170 Thursday, January 13 6:30 pm,Community Room Charter Commission 171 Monday,January 24 5:30 pm,Community Room Council Work Session 172 Nig. Monday, January 24 6:30 pm, Council Chambers City Council Meeting 173 174 175 ADJOURN 176 177 There being no further business, Council Member Gallup moved to adjourn at 7:00 p.m. Council 178 Member Roeser seconded the motion. Motion carried unanimously 79 4 COUNCIL MINUTES January 10,2011 APPROVED -- 180 These minutes were considered and approved at the regular Council Meeting, January 24, 2011. 81 182 183 '• � 184 •- 185 Julianne Bart , City Cler Jeff Reinert, Mayor 186 5