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HomeMy WebLinkAbout03-14-2011 Council Minutes COUNCIL MINUTES March 14, 2011 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : March 14,2011 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:20 p.m. 8 MEMBERS PRESENT : Council Member Gallup, Rafferty, Roeser, and 9 Mayor Reinert 10 MEMBERS ABSENT : Council Member O'Donnell 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; Environmental Coordinator Marty Asleson; City Planner Jeff Smyser; and City Clerk Julie 15 Bartell 16 17 PUBLIC COMMENT 18 19 No one was present to address the council regarding a matter not on the agenda. 20 21 SETTING THE AGENDA 22 23 The agenda was amended so that Item 6H would be considered prior to Item 6A. 24 25 CONSENT AGENDA 26 27 Council Member Roeser moved to approve Consent Agenda Item 1A, 1B and 1D. Council Member 28 Gallup seconded the motion. Motion carried on a voice vote; Council Member O'Donnell absent. 29 30 1A. Consideration of Expenditures: 31 32 March 14, 2011 (Check No. 90246- 33 90337, $190,377.24) Approved 34 35 Centennial Fire District (Check No. 4721- 36 4732, $4255,43) Approved 37 38 1C. February 28, 2011 Work Session Minutes Approved 39 40 1D. Resolution No. 11.28, Approving a Certificate 41 of Plat Correction for Century Farm North 3`d Addn Approved 42 43 1B. February 28, 2011 Council Meeting Minutes 44 1 COUNCIL MINUTES March 14, 2011 APPROVED 45 Council Member Roeser moved to approve Consent Item 1B as presented. Council Member Gallup 46 seconded the motion. Motion carried on a voice vote. Mayor Reinert abstained from voting. Council 47 Member O'Donnell absent. 48 49 FINANCE DEPARTMENT REPORT,AL ROLEK 50 51 There was no report from the Finance Department. 52 53 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 54 55 3A. Annual appointments to city advisory boards—Administration Director Tesch reported that 56 each year the council interviews applicants and then appoints/reappoints citizens to serve on the city's 57 various advisory boards. The ballot results are presented in the staff report. 58 59 Mayor Reinert noted that once again this year there were great candidates and unfortunately more 60 applicants than positions; he thanked everyone who applied and encourages those not appointed to 61 apply again. 62 63 Council Member Gallup moved to approve the appointments as presented. Council Member Roeser 64 seconded the motion. Motion carried on a voice vote; Council Member O'Donnell absent. 65 66 PUBLIC SAFETY DEPARTMENT REPORT, KENT STREGE 67 68 There was no report from the Public Safety Department. 69 70 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 71 72 There was no report from the Public Services Department. 73 74 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 75 76 6H. Resolution No. 11-35, Consenting to conduct drainage proceedings for Anoka County 77 Ditch 10-22-32 under the Watershed Law—Community Development Director Grochala explained 78 that the council received a couple of presentations on the Rice Creek Watershed District's (RCWD) 79 plan to repair a ditch system that impacts the northwest corner of the city (known as ditch 10-22-32). 80 The District is interested in using their watershed law and metropolitan surface water management 81 authority to finance the repairs and state law requires them to get city consent. He noted that the cities 82 of Blaine and Columbus are also involved in this ditch project and both have given local consent. He 83 added that giving consent to use of the watershed law doesn't mean the city is endorsing the project. 84 85 Phil Belfiori, Administrator of the RCWD, addressed the council. He explained that this ditch project 86 is the only project the District plans in Lino Lakes for the next five years. The project is considered 87 maintenance and repair and ranks as a high priority in their system. 88 2 COUNCIL MINUTES March 14, 2011 APPROVED 89 The mayor noted that the council has had the opportunity to review this project at two work sessions 90 and it is a project that is extensive in length and that will provide need repairs to a much used ditch in 91 this city. 92 93 Council Member Roeser moved to approve Resolution No. 11-35 as presented. Council Member 94 Rafferty seconded the motion. Motion carried on a voice vote; Council Member O'Donnell absent. 95 96 6A) Century Farm North 97 i) Consider First Reading of Ordinance No. 07-11: Amending Planned Unit Development 98 Zoning and Amending the PUD Development Stage Plan/Preliminary Plat 99 ii) Consider Resolution 11-27, Approving the PUD Final Plan/ 100 Final Plat for Century Farm North 5th Addition 101 iii) Public Hearing. Consider First Reading of Ordinance No. 06-11, Approving the Vacation of 102 Drainage and Utility Easement 103 104 City Planner Smyser explained that Items 6Ai, ii and iii relate to the Century Farm North project that 105 was approved by the council in 2003. The project was approved with a mix of housing types. There 106 are four final plats approved at this point owned by the developer. The request before the council is 107 to change those four plats from townhome to single family due to a changing market. To accomplish 108 that change, the zoning ordinance must be amended and four new plats approved. There would be no 109 change to the number of units originally approved for the development nor to the area of land for each 110 dwelling unit. The third action requested of the council is to vacate an easement that will no longer 111 be needed due to the changes. (Mr. Smyser indicated on a map the area impacted by the requested 112 changes.) The council discussed the size of the proposed lots with the understanding that they would 113 not become smaller. 114 115 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 116 hearing was closed. 117 118 Council Member Gallup moved to approved first reading of Ordinance No. 07-11 as presented. 119 Council Member Rafferty seconded the motion. Motion adopted upon a voice vote; Council Member 120 O'Donnell absent. 121 122 Council Member Rafferty moved to approve Resolution No. 11-27 as presented. Council Member 123 Roeser seconded the motion. Motion adopted on a voice vote; Council Member O'Donnell absent. 124 125 Council Member Gallup moved to approve first reading of Ordinance No. 06-11 as presented. 126 Council Member Roeser seconded the motion. Motion adopted upon a voice vote; Council Member 127 O'Donnell absent. 128 129 6B) Consider lst Reading of Ordinance No. 08-11, Amending Chapter 1010 of the City Code re 130 Regulation of Signs in Election Years—City Planner Smyser explained that staff is presenting an 131 ordinance that would amend the city's sign regulations during election periods. The city's current 132 regulations (for city elections) were identified by the city attorney as problematic because they 3 COUNCIL MINUTES March 14,2011 APPROVED 133 specified campaign signs and that can raise a constitutional free speech issue. Staff has worked with ..- 134 the city attorney to develop new language for election year signage. 135 136 A council member noted that he reviewed the Secretary of State's website regarding absentee balloting 137 periods and saw that it is 45 days for some but 30 days for municipal or stand-alone elections. He 138 believes the sign allowance should be concurrent with the balloting period. 139 140 The mayor noted that the 30 day period would seem more appropriate for signs in the city. Another 141 council member agreed. 142 143 City Attorney Langel noted that the primary intent of bringing forward this amendment is to ensure that 144 the city's regulations don't target campaign signs. The sign allowance period as it relates to the 145 absentee balloting period would be a council discussion. 146 147 Council Member Roeser moved to approve first reading of Ordinance No. 08-11 with an amendment to 148 change the 46 day period to 30 days. Council Member Rafferty seconded the motion. Motion adopted 149 on a voice vote; Council Member O'Donnell absent. 150 151 6C) Extending Deadlines 152 i. Consider Resolution No. 11-29, Extending Deadlines for Main Street Village Planned Unit 153 Development and Conditional Use Permits 154 ii. Consider Resolution No. 11-30, Extending Deadlines for The Preserve Planned Unit �'' 155 Development 156 iii. Consider Resolution No. 11-31,Extending Deadlines for Moon Marsh Planned Unit 157 Development 158 City Planner Smyser noted the three requested extensions. The economy has put things into a dormant 159 state and so these extensions on city requirements are being seen by the council. 160 Council Member Gallup moved to approve Resolution No. 11-29 as presented. Council Member 161 Roeser seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 162 Council Member Gallup moved to approve Resolution No. 11-30 as presented. Council Member 163 Roeser seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 164 Council Member Gallup moved to approve Resolution No. 11-31 as presented. Council Member 165 Roeser seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 166 167 6D) Consider Resolution No. 11-34, Accepting Lilac St.(CSAH 153) from Anoka County, City 168 Engineer Studenski explained that in the 1990's, Apollo Drive was constructed by Anoka County and 169 it tied into Lake Drive. It's opening eliminated the use of Lilac Street. It was decided during the 170 recent construction of the nearby highway interchange that Lilac Street should be turned back to the 171 city. The turnback will actually mean the city will receive additional maintenance assistance from the 172 county. 173 174 4 COUNCIL MINUTES March 14, 2011 APPROVED 175 Council Member Rafferty moved to approve Resolution No. 11-34 as presented. Council Member 176 Roeser seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 177 178 6E) Consider Resolution No. 11-33, Authorizing execution of Joint Powers Agreement for 179 Wellhead Protection Implementation—Envinronmental Coordinator Asleson explained that the 180 County health department requires the city to have a plan to protect its groundwater. A joint powers 181 agreement is in place with Anoka County that allows them to put together a plan that includes the city. 182 Implementation of that plan is being requested. He noted that the plan is mostly open-ended for the 183 city, allowing the city to chose elements of involvement. 184 185 Council Member Gallup moved to approve Resolution 11-33 as presented. Council Member Rafferty 186 seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 187 188 6F) Consider First Reading of Ordinance No. 09-11, Adding Section 1011to the City Code, 189 Regulating Construction Site Erosion & Sediment Control and Post Construction Stormwater 190 Management—Environmental Coordinator Asleson and City Engineer Studenski reported. Mr. 191 Asleson explained that the ordinance before the council would add a section to the city code relative to 192 construction stormwater management. As part of the Clean Water Act, every city in the nation is 193 required to obtain a permit and implement a stormwater pollution prevention plan that includes 194 minimum control measures. This ordinance covers two of those control measures. It is important in the 195 effort to keep water clean. The Environmental Board has recommended approval of the ordinance. 196 197 Council Member Rafferty moved to approve first reading of Ordinance No. 09-11. Council Member 198 Roeser seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 199 200 6G) Consider Resolution No. 11-32 Accepting grant from Statewide Health Improvement 201 Program (SHIP) for construction of a Community Garden —Environmental Coordinator Asleson 202 explained that the city applied for a grant from the Anoka County Health Department for the city's 203 community garden to be used to bring water to the gardens. The grant request has been approved and 204 staff is requesting authorization to accept the funds. 205 206 The mayor explained that the concept of this community garden is new to the area. The garden site is 207 located on city land north of 77th and west of Lake Drive. He recommends that residents who want to 208 be involved should contact city hall. 209 210 A council member noted that he has heard about the Statewide Health Improvement Program (SHIP) 211 and he encourages staff to look for creative ways to apply for those funds. 212 213 Council Member Roeser moved to approve Resolution No. 11-32 as presented. Council Member 214 Gallup seconded the motion. Motion adopted upon a voice vote; Council Member O'Donnell absent. 215 216 UNFINISHED BUSINESS 217 218 There was no Unfinished Business. 219 5 COUNCIL MINUTES March 14, 2011 APPROVED 220 NEW BUSINESS 221 222 There was no New Business. 223 224 COMMUNITY CALENDAR 225 226 Community Calendar-A Look Ahead 227 March 15, 2011 through March 28, 2011 228 229 AB. Monday, March 28 5:30 pm, Community Room Council Work Session 230 4. Monday, March 28 6:30 pm, Council Chambers City Council Meeting 231 232 ADJOURN 233 234 There being no further business, Council Member Roeser moved to adjourn the regular meeting at 235 7:20 p.m. Council Member Rafferty seconded the motion. Motion carried unanimously. 236 237 The council reconvened to a special session the purpose being to discuss the Public Safety Director 238 position. 239 240 These minutes were considered and approved at the regular Counci ►A --ting, M. 1 28, 2011. 241 242 / ---'243 \ 244 245 Ju i nne Bartell, City Clerk Jeff 'e. ert,' ayor 246 6