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HomeMy WebLinkAbout02-28-2011 Council Minutes CITY COUNCIL WORK SESSION February 28, 2011 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : February 28,2010 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 6:30 p.m. 7 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, 8 Rafferty, Roeser and Mayor Reinert (left at 9 6:10 p.m.) 10 MEMBERS ABSENT : None 11 12 13 Staff members present: City Administrator Jeff Karlson; City Engineer Jim Studenski; 14 Community Development Director Mike Grochala; Director of Public Safety Kent Strege; 15 City Clerk Julie Bartell 16 17 ADVISORY BOARD INTERVIEWS 18 19 The council interviewed the following applicants for city advisory boards: Nancy 20 Klebba, Darlene Kister, Lee Salzman and Lane Thor, all new applicants. 21 22 The council will consider appointments on March 14, 2011. 23 24 Mayor Reinert left the meeting at 6:10 p.m. and Acting Mayor Rafferty took the chair. 25 26 REVIEW REGULAR AGENDA ITEMS 27 28 The council reviewed the agenda for the regular city council meeting of February 28, 29 2011. There were no changes made to the agenda. 30 31 32 The meeting was adjourned at 6:30 p.m. 33 34 These minutes were considered, corrected and approved at the regular Council meeting held 35 March 14, 2011. 36 37 / 38 41110, 40 Julia ne Bartell, Ci Clergy Jeff e'nert, Mayor 41 1 COUNCIL MINUTES February 28,2011 APPROVED l 1 CITY OF LINO LAKES t./2 MINUTES 3 4 5 DATE : February 28, 2011 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:20 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, 9 Roeser,Acting Mayor Rafferty I o MEMBERS ABSENT : Mayor Reinert 11 12 Staff members present: City Administrator Jeff Karlson; City Attorney Joseph Langel; City Engineer 13 Jim Studenski; Community Development Director Mike Grochala; Public Safety Director Kent 14 Strege; City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. Lie 23 24 SPECIAL PRESENTATION 25 26 Report of Centennial Utilities Commission Representative Scott Bundy—Mr. Bundy reported 27 that he has been the city's representative to the Commission since June of 2010. The Commission 28 provides gas only to the city of Lino Lakes, both residential and commercial. The Commission works 29 hard to ensure that the utility is prepared to take on new customers as development occurs. He noted 30 the franchise agreement between the utility and the city that will be coming to term in approximately 31 a year and that it is important for the city to be prepared. He noted ongoing efforts in the area of 32 storm water infiltration responsibilities. The utility has taken into consideration customer comments 33 regarding water and sewer use and the time period associated with billing and consumption; 34 modifications are underway. They are looking at water and sewer rate redesign with consideration of 35 conservation using a tiered approach. Much focus is on DIMP regulations published by the 36 government addressing risk and mitigation planning. 37 38 The council offered appreciation to Mr. Bundy for his work with the commission. 39 40 CONSENT AGENDA 41 42 Council Member Gallup moved to approve the Consent Agenda, Items 1A through 1D. Council 43 Member Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 44 L, 45 1 COUNCIL MINUTES February 28,2011 APPROVED 11 46 ITEM ACTION L 47 48 Consideration of Expenditures: 49 February 28, 2010 (Check No. 90147- 50 90245, $207,824.43 Approved 51 52 Centennial Fire District (Check No. 4708 - 53 4720), $17,634.82 Approved 54 55 February 7, 2011 Council Work Session 56 Minutes Approved 57 58 February 14, 2011 City Council Meeting 59 Minutes Approved 60 61 Exempt Lawful Gambling Permit for Lino Lakes 62 Lions Club Approved 63 64 FINANCE DEPARTMENT REPORT,AL ROLEK 65 66 There was no report from the Finance Department. 67 68 ADMINISTRATION DEPARTMENT REPORT,DAN TESCH 69 70 Item 3A,2011 Contract with Local 49—Administrator Karlson explained a tentative one-year 71 agreement is before the council. Terms include a zero percent wage increase in 2011 and 72 concurrence with changes to the city's health care agreement. Staff recommends approval of the 73 agreement. 74 75 Council Member Roeser moved to approve the contract as presented. Council Member O'Donnell 76 seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 77 78 Acting Mayor Rafferty thanked the employees for their consideration in accepting some sacrifices. 79 80 Item 3B, Second Reading and Passage of Ordinance No. 07-11, Amending Chapter 611 of the 81 City Code regarding Lawful Gambling and the City Fee Schedule, to correct the amount of the 82 city's local gambling tax—City Clerk Bartell reported that the council has before them for second 83 reading an ordinance that would amend the city code and fee schedule to correctly reflect the city's 84 charitable gambling tax of 0.10%. In the process of assisting a new lawful gambling organization, 85 staff discovered that the gambling tax is incorrectly stated as 3%. This is a basic correction of the 86 code. 87 88 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member Roeser 89 seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 1 90 2 COUNCIL MINUTES February 28, 2011 APPROVED 91 Council Member O'Donnell moved to approve second reading and passage of Ordinance No. 07-11 Li92 as presented. Council Member Roeser seconded the motion. Motion carried; Yeas; 4; Nays none 93 (Mayor Reinert absent) 94 95 Item 3C, Resolution No. 11-22, Approving an off-sale intoxicating liquor license and tobacco 96 sales license for KLVA Corporation (dba Eagle Liquor)—City Clerk Bartell reported that the 97 former Eagle Liquor and Tobacco located at 730 Apollo Drive is being proposed to reopen under new 98 ownership. An application for an off-sale liquor and tobacco license has been submitted by KLVZ 99 Corporation. The application process is complete, the related fees have been paid and insurance 100 information has been provided to the City as required. The Lino Lakes Police Department has 101 conducted a background investigation and is not recommending that the council deny the application. 102 The applicant, Stanislav Sidorenko, was present to answer any questions. In accordance with the Lino 103 Lakes Code of Ordinances, the application requires approval by the City Council. The ordinance also 104 requires that opportunity be given to any person wishing to be heard for or against the granting of the 105 license. 106 107 Adam and Tearinie LaMere, owners of Lakes Liquor, 7860 Lake Drive. Mr. LaMere stated that he is 108 asking the council to deny the request for a liquor license for Eagle Liquor. In the past the council has 109 heard a legal opinion that they cannot deny a liquor license for reasons that are arbitrary and 110 capricious. He contends that that is not the case for this denial. Allowing the license would cost the 111 city good paying jobs, noting that if another store isn't opened he plans to hire up to four employees. 112 He disputes the idea that the market is regulating the license situation since twice in the last two years 13 stores have closed. It is time to allow existing business to succeed. Lakes Liquor is a contributing 114 member of the community and has received awards from groups in the community for their 115 donations. 116 117 Tearninie LaMere explained that she has been a long time resident of the city, having been born and 118 raised here. She and her husband are now raising their children here. They are raising their children 119 in the city, own a business and so obviously have an investment in the community. They are all too 120 aware of the impact on business when there is an over-saturation of stores. They have had to lay off 121 all of their employees and manage the store completely on their own. She urges the council to deny 122 the liquor license request before them. 123 124 City Attorney Lange] opined on the council's options. State law and local ordinances give the council 125 broad discretion, however, denial cannot be on a basis that is arbitrary. There is case law going back 126 many years on the argument of saturation (of businesses) for denying off-sale liquor licenses. The 127 fact that the current applicant has applied and met requirements just gets them to this point; the 128 council has some discretion on granting the license but should state clear reasons if they wish to deny. 129 130 Siarhei Nazaranka, proposed store manager, and Stanislav Sidorenko, applicant, addressed the 131 council. Mr. Nazaranka explained the process that brought them to apply for this license. They feel 132 they will serve a broader community with their location near the interstate. They hope to bring sales 133 and traffic to the other businesses in the area. They estimate they will generate over $100,000 in sales 134 tax annually. It appears that Eagle Liquor was open before and didn't cause Lakes Liquor to close. Li 135 He added that they plan to hire a couple of employees. 3 COUNCIL MINUTES February 28, 2011 APPROVED '36 L,37 Council members discussed the license. They did not see any clear findings that would lead them to 138 deny the license request, but at least one member is interested in looking at the city's regulations for 139 the possibility of limiting licenses in consideration of distance to others. The council expressed 140 thanks to the LaMere family for coming forward and added they'd obviously like to see all business in 141 Lino Lakes thrive. They don't, however, believe that government should say what businesses should 142 open and which shouldn't. Perhaps the city's Economic Development Advisory Commission 143 (EDAC) should look at the situation for ideas to bring more business to the area and the whole city. 144 145 Council Member O'Donnell moved to approve Resolution No. 11-22 as presented. Council Member 146 Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 147 148 PUBLIC SAFETY DEPARTMENT REPORT,KENT STREGE 149 150 There was no report from the Public Safety Department. 151 152 PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER 153 154 There was no report from the Public Services Department. 155 156 COMMUNITY DEVELOPMENT DEPARTMENT REPORT,MICHAEL GROCHALA 157 �58 Item 6A, Continuation of Public Hearing on Ordinance No. 06-11,vacating an easement for 159 drainage and utility purposes over all of Lot 5,Block 2, Century Farm North 4ch Addition- 160 Community Development Director Grochala confirmed that staff is requesting continuance of the 161 public hearing. 162 163 Council Member Gallup moved to continue the public hearing to March 14, 2011 as requested by 164 staff. Council Member Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert 165 was absent. 166 167 Item 6B, Resolution No. 11-25, authorizing payment and change order on the 2010 Surface 168 Water Management Project—City Engineer Studenski noted that last summer's pond and ditch 169 project ended up requiring a few additional improvements that were completed by the contractor, 170 Penn Construction. The increase remains within the bid scope. A change order is recommended as 171 well as payment to the contractor. 172 173 Council Member Gallup moved to approve Resolution No. 11-25 as presented. Council Member 174 Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 175 176 Item 6C, 2011 Street Maintenance Project: 177 i) Resolution No. 11-23, approving plans and specifications and authorizing advertisement of 178 bids for the 2011 Sealcoat Project—City Engineer Studenski presented the program 179 recommendations for 2011. He noted (on a map)the area planned for the program this year. They are 180 expecting favorable bids. 4 COUNCIL MINUTES February 28,2011 APPROVED '81 Ld2 Council Member O'Donnell moved to approve Resolution No. 11-23 as presented. Council Member 183 Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 184 185 ii) Resolution No. 11-24 approving plans and specifications and authorizing advertisement of 186 bids for the 2011 Overlay Project—City Engineer Studenski presented the program 187 recommendations for 2011. The overlay process is reserved for streets needing more work than those 188 identified for sealcoat. He noted (on a map)the area planned for the program this year. 189 190 A council member asked for an update on the pothole situation. City Engineer Studenski explained 191 how the public works department addresses potholes. The department addresses those causing safety 192 problems immediately and others as they are able. Weather can be a factor. 193 194 Council Member Roeser moved to approve Resolution No. 11-24 as presented. Council Member 195 Gallup seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 196 197 UNFINISHED BUSINESS 198 199 There was no Unfinished Business. 200 201 NEW BUSINESS 202 03 There was no New Business. 204 205 COMMUNITY CALENDAR: 206 207 Community Calendar—A Look Ahead 208 February 29, 2011 through March 14, 2011 209 Thursday, March 3 8:00 am, Community Room EDAC 210 41p. Monday, March 7 5:30 pm, Community Room Council Work Session 211 Wednesday, March 9 6:30 pm, Council Chambers Planning&Zoning Bd 212 4, Monday, March 14 6:30 pm, Council Chambers City Council Meeting 213 214 ADJOURN 215 216 There being no further business, Council Member Gallup moved to adjourn at 7:20 p.m. Council 217 Member Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert was absent. 218 219 These minutes were considered and approved at the regular Council Meeting, March 14, 2011. 220 221 222 . l' 224 _ uli.nne Bartell, Ci y Cie - Jeff Reinert, M yor 225 5