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Home My WebLink About06-27-2011 Council Minutes COUNCIL MINUTES June 27, 2011 APPROVED 1 CITY OF LINO LAKES �-- 2 MINUTES 3 4 5 DATE : June 27,2011 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:10 p.m. 8 MEMBERS PRESENT : Council Member O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : Council Member Gallup 11 12 Staff members present: Director of Administration Dan Tesch; City Attorney Joseph Langel; 13 Community Development Director Michael Grochala; Economic Development Coordinator Mary 14 Divine; City Planner Paul Bengtson; City Planner Jeff Smyser; City Engineer Jim Studenski; Chief of 15 Police John Swenson; and City Clerk Julie 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 approved as presented. 24 25 CONSENT AGENDA 26 27 Council Member O'Donnell moved to approve the Consent Agenda, Items 1 A through 1 E as 28 presented. Council Member Roeser seconded the motion. Motion carried on a voice vote; Council 29 Member Gallup absent. 30 31 ITEM ACTION 32 33 Consideration of Expenditures: 34 35 June 27, 2011 (Check No. 90952- 36 91049, $351,938.61) Approved 37 38 Centennial Fire District (Check No. 4862- 39 4875, $29,016.45) Approved 40 41 June 6, 2011 Council Work Session 42 Minutes Approved 43 44 June 13, 2011 City Council Meeting 45 Minutes Approved 1 COUNCIL MINUTES June 27, 2011 APPROVED 46 • -- 47 Resolution No. 10-62, Renewal of tobacco 48 Licenses Approved 49 50 Not waiving monetary limits on tort liability per 51 MN Statute 466.04 Approved 52 53 FINANCE DEPARTMENT REPORT, AL ROLEK 54 55 There was no report from the Finance Department. 56 57 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 58 59 3A. Position Reclassification—Records Technician—Administration Director Tesch explained the 60 organizational assessment that has been conducted by the city administrator and noted that 61 reclassification of the a Secretary B position in the Police Department is the first recommendation 62 coming forward. The union has been advised of this change and staff is recommending council 63 approval. 64 65 Council Member Rafferty moved to approve the reclassification as presented. Council Member 66 Roeser seconded the motion. Motion carried on a voice vote; Council Member Gallup absent.' 67 68 PUBLIC SAFETY DEPARTMENT REPORT,JOHN SWENSON 69 70 There was no report from the Public Safety Department. 71 72 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 73 74 There was no report from the Public Services Department. 75 76 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 77 78 6A. Resolution No. 11-63, Approving Minnesota Laws, Chapter 112, Article 11, Section 18 79 relating to a tax increment financing district—Economic Development Coordinator Divine 80 explained that the resolution would give formal city approval to the special legislation that the city 81 sought and received from the state this year. The legislation extends the duration of a tax increment 82 financing district in the city for the district's increment to be used for payment of debt service on the 83 Legacy at Woods Edge and 35W interchange improvement projects. Some special provisions are 84 included in the legislation. If the resolution is approved, the action will be forwarded to Anoka 85 County and the school district for their consideration. 86 87 Council Member Roeser moved to approve Resolution No. 11-63 as presented. Council Member 88 O'Donnell seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 89 2 COUNCIL MINUTES June 27, 2011 APPROVED 90 6B. Public Hearing and Consideration of First Reading of Ordinance No. 12-11, Approving the '--91 Vacation of a Playground Easement for the YMCA at 7690 Village Drive—Planner Bengtson 92 explained that the YMCA is requesting vacation of an easement originally intended to be constructed 93 as playground space to serve the Legacy project. Since that use can be included elsewhere in future 94 Legacy development and the YMCA is suffering due to lack of parking, staff is recommending this 95 vacation that would allow for a parking area expansion. The parking lot project is currently under 96 review by staff. 97 98 Mayor Reinert opened the public hearing. There being no one present wishing to speak the public 99 hearing was closed. 100 101 Council Member O'Donnell moved to approve the first reading of Ordinance No. 12-11 as presented. 102 Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member 103 Gallup absent. 104 105 6C. Zoning Amendment—Temporary Batch Plants 106 i. 2nd Reading of Ordinance No. 13-11 Amending the Zoning Ordinance to include temporary 107 batch plants and similar uses as an interim use within certain zoning districts—Planner 108 Bengtson recalled that Arnt Construction has requested that the city allow their proposed batch plant 109 as an interim use at 2209 Phelps Road. The batch plant would serve the I35E road construction 110 project. Staff has developed and the council has approved first reading of an ordinance that adds 111 temporary batch plants as an interim use within certain zoning districts and establishes conditions and 112 requirements. The Planning and Zoning Board has approved the ordinance. 113 114 Council Member Rafferty moved to waive full reading of the ordinance. Council Roeser seconded 115 the motion. Motion carried on a voice vote; Council Member Gallup absent. 116 117 Council Member O'Donnell moved to approve second reading and adoption of Ordinance No. 13-11 118 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas; 4;Nays none; 119 Absent—Gallup. 120 121 ii. Resolution No. 11-64, authorizing summary publication of Ordinance No. 13-11. 122 123 Council Member Roeser moved to approve Resolution No. 11-64 as presented. Council Member 124 Roeser seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 125 126 6D. Interim Use Permit for Temporary Batch Plant 127 i. Resolution No. 11-60, Approving Interim Use Permit for Arnt Construction; and ii. 128 Resolution No. 11-68, Authorizing execution of a Site Performance Agreement with Arnt 129 Construction - Planner Bengtson explained that Arnt Construction has requested that they be 130 allowed to operate a temporary batch plant in conjunction with the I35E construction project. An 131 interim use permit is requested that would allow that function. Staff has reviewed the application for 132 a permit and is reporting on how it meets the general standards. A performance agreement is included 133 in the requirements. Based on the request of the applicants and on discussion at the council work . 134 session, staff is proposing that the performance agreement be amended to change the hours of 3 COUNCIL MINUTES June 27, 2011 APPROVED 135 operation allowed to 5:00 a.m. through 8:00 p.m. and to add a section dealing with possible costs to 136 the city. The Mayor suggested that staff should always let the council know if there are any 137 complaints about the plant. 138 139 Council Member Rafferty moved to approve Resolution No. 11-60 as presented. Council Member 140 Roeser seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 141 142 Council Member O'Donnell moved to approve Resolution No. 11-68 with the amendments presented 143 by staff. Council Member Roeser seconded the motion. Motion carried on a voice vote; Council 144 Member Gallup absent. 145 146 6E. Resolution No. 11-65, Approving payment and change order for the 2011 Street Overlay 147 Program—City Engineer Studenski recommended that the council authorize a partial payment and 148 change order to this year's overlay project with the contractor North Valley, Inc. 149 150 Council Member Roeser moved to approve Resolution No. 11-65 as presented. Council Member 151 O'Donnell seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 152 153 6F. On-Street Parking Ordinance 154 i. 2"d Reading of Ordinance No. 14-11, amending Section 802 of the Lino Lakes Code of 155 Ordinances establishing on-street parking requirements—Community Development Director 156 Grochala reported that the ordinance would institute restrictions on the parking of certain types of 157 vehicles on city streets. The regulations have come about due a complaint regarding on-street parking �'" 158 of construction vehicles. First reading of the ordinance was approved by the council. 159 160 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member Roeser 161 seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 162 163 Council Member Rafferty moved to approve the second reading and adoption of Ordinance No. 14-11 164 as presented. Council Member O'Donnell seconded the motion. Motion carried: Yeas, 4; Nays 165 none; Absent—Gallup. 166 167 ii. Resolution No. 11-66, authorizing summary publication of Ordinance No. 14-11. 168 169 Council Member Roeser moved to approve Resolution No. 11-66 as presented. Council Member 170 Rafferty seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 171 172 6G. Resolution No. 11-67, Authorizing execution of a professional services agreement for city 173 engineer services with WSB and Associates—Community Development Director Grochala reported 174 that based on the results of an RFP and interview process, the council directed staff to prepare a 175 professional services agreement with WSB to provide the city's engineering services. The proposed 176 agreement before the council is for a one year period and includes a fixed monthly retainer fee for 177 services (some services not included). The city's current engineer, TKDA, will continue some work 178 for the city under their current authorizations and will assist in transition. Mr. Grochala offered �- 179 commendations to TKDA and specifically Jim Studenski for valuable services to the city. The mayor 4 COUNCIL MINUTES June 27, 2011 APPROVED 180 added his thanks for Mr. Studenski's fine work; the change in contract is not a reflection on past work 181 but rather an indication that the city is in a unique time of low activity that allows for a lower cost 182 contract. 183 184 Council Member Roeser moved to approve Resolution No. 11-67 as presented. Council Member 185 O'Donnell seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 186 187 611. Resolution No. 11-69, Authorizing execution of a joint powers agreement with the City of 188 Centerville and County of Anoka for Rice Creek Chain of Lakes Regional Park Campground 189 Sanitary Sewer Service—Planner Smyser reported on Anoka County's plans to improve the 190 campground at the regional park by added a sanitary sewer line. Since the line would run through 191 both Centerville and Lino Lakes, a joint powers agreement is recommended to spell out 192 responsibilities. 193 194 Council Member O'Donnell moved to approve Resolution No. 11-69 as presented. Council Member 195 Roeser seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 196 197 6I. Resolution No. 11-71, Approving two agreements with Eagle Brook Church for parking lot 198 expansion project—Planner Smyser explained that the church is proceeding on original plans to 199 expand an existing parking lot on the south side of their building. The parking expansion plan has 200 been addressed with a site and building plan review conducted administratively. A related 201 performance agreement and maintenance agreement for storm water facilities have been developed. 202 203 Council Member Rafferty moved to approve Resolution No. 11-71 as presented. Council Member 204 O'Donnell seconded the motion. Motion carried on a voice vote; Council Member Gallup absent. 205 206 UNFINISHED BUSINESS 207 208 There was no Unfinished Business. 209 210 NEW BUSINESS 211 212 There was no New Business. 213 214 COMMUNITY CALENDAR 215 216 Community Calendar—A Look Ahead 217 June 28, 2011 through July 11 2011 218 219 Wednesday, June 29 Cancelled Environmental Board 220 Ilk Tuesday,July 5 5:30 pm, Community Room Council Work Session 221 4, Tuesday,July 5 6:00 pm, Council Chambers Park Board 222 4,- Thursday, July 7 8:00 am, Community Room EDAC 223 4, Monday, July 11 6:30 pm, Council Chambers City Council Meeting 224 225 5 COUNCIL MINUTES June 27, 2011 APPROVED 226 ADJOURN 227 228 There being no further business, Council Member Roeser moved to adjourn at 7:10 p.m. Council 229 Member O'Donnell seconded the motion. Motion carried on a voice vote; Council Member Gallup 230 absent. 231 232 These minutes were considered and approved at the regular Council Meeting, J - 2011. 233 234 235r '1A 237 Ju e Bartell, City Clerk Jef ' - ert, Mayor 238 6