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HomeMy WebLinkAbout04-26-2010 Council Minutes COUNCIL MINUTES April 26,2010 APPROVED CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : April 26,2010 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:40 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell,Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: Director of Administration Dan Tesch; City Attorney Joseph Langel; City 13 Planner Jeff Smyser; City Engineer Jim Studenski; Environmental Coordinator Marty Asleson; and 14 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. 23 �`24 CONSENT AGENDA 25 26 Council Member O'Donnell moved to approve the Consent Agenda, Items 1A through 1C. Council 27 Member Roeser seconded the motion. Motion carried unanimously. 28 29 ITEM ACTION 30 31 Consideration of Expenditures: 32 33 April 26, 2010 (Check No. 88028 - 34 88164, $369,562.93) Approved 35 36 Centennial Fire District(Check No. 4252- 37 4272, $27,862.62) Approved 38 39 April 5, 2010 Council Work Session 40 Minutes Approved 41 42 April 14, 2010 Joint Meeting with Planning& 43 Zoning Board Minutes Approved 44 45 1 COUNCIL MINUTES April 26, 2010 APPROVED 46 FINANCE DEPARTMENT REPORT, AL ROLEK X47 48 There was no report from the Finance Department. 49 50 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 51 52 Item 3A, Consider Lease Agreement with North Memorial Ambulance, (Postponed 4-12-10)- 53 Acting City Administrator Tesch noted that the city attorney is still working with North Memorial on 54 the terms of this agreement. He is requesting postponement of the item for one additional council cycle. 55 56 Council Member Gallup moved to continue postponement of Item 3A to May 10, 2010. Council 57 Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 58 59 Item 3B, Consider Update the City's AWAIR (A Workplace Accident & Injury Reduction) 60 Program—Acting Administrator Tesch reported that each year, the Lino Lakes Safety Committee 61 reviews the city's safety policy that is called A Workplace Accident & Injury Reduction(AWAIR) 62 program. This year the group is recommending the addition of two sections dealing with fleet 63 operations and contractor safety. The council has received the program document for their review. Mr. 64 Tesch added that the city is proactive in the area of safety. 65 66 Council Member Gallup moved to approve the updated AWAIR Program as presented. Council 67 Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 68 69 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 70 71 There was no report from the Public Safety Department. 72 73 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 74 75 There was no report from the Public Services Department. 76 77 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 78 79 Item 6A, First Reading of Ordinance No. 06-10, Vacating a Drainage and Utility Easement, 80 1612 Birch St—City Planner Smyser explained that staff is presenting this easement vacation because 81 it was granted in association with a subdivision that did not occur so therefore is not needed. 82 83 Council Member Rafferty moved to approve first reading of Ordinance No. 06-10 as presented. 84 Council Member Gallup seconded the motion. Motion adopted upon a unanimous voice vote. 85 86 Item 6B, Resolution No. 10-38 Approving an Interim Use Permit for Open and Outdoor Storage 87 in a Light Industrial District at 2209 Phelps Road—City Planner Smyser explained that staff is 88 presenting for the council's consideration a resolution that would authorize an interim use permit for 89 additional outdoor storage at 2209 Phelps Road. The area is allowed storage as a conditional use. 90 The additional use is needed to store aggregate for the Interstate 35E bridge project as well as other 2 COUNCIL MINUTES April 26,2010 APPROVED 91 upcoming work. The resolution presented by staff would allow the requested use for five years with �92 conditions attached as listed in the staff report. 93 94 The council discussed concern about allowing an approval period of five years before the permit is 95 reconsidered. It was suggested that a three-year initial period would be more appropriate. The 96 council would consider an extension after the initial period. 97 98 The property owner, Mr. Arnt, explained that he originally asked for a ten-year permit. He noted that 99 the additional storage is badly needed, mainly due to the slowed building market. If three years is 100 what the council will grant, he will have to take that. The company will probably expand at some 101 time in the future and he'd like to stay in the area. 102 103 The council confirmed that the proposed conveyor extending over the road will be operated in a safe 104 manner;they understand that the road under it will be legally closed when necessary. The council 105 also confirmed that there will be adequate fencing installed for safety consideration. 106 107 The council concurred that the initial term of the permit should be 3 years rather than 5, language 108 should be added to the conditions confirming that Phelps Road will be closed when necessary, and 109 also a condition added requiring the installation of safety fencing. 110 111 Council Member O'Donnell moved to approve Resolution No. 10-38 with the conditions as amended 112 by the council. Council Member Rafferty seconded the motion. Motion carried on a unanimous L 13 voice vote. 115 Item 6C (i) and 6C (ii) Tree Disease Ordinance: 116 i. Second Reading, Ordinance No. 07-10,Amending City Code Chapter 902, Tree 117 Diseases Relating to Emerald Ash Borer, and 118 ii. Resolution No. 10-41,Authorizing summary publication of Ordinance No. 07-10 119 Environmental Coordinator Asleson reported on the ordinance before the council that would update 120 the city's tree disease regulations to include controls for the Emerald Ash Borer. The ordinance was 121 granted first reading on April 12. Since the first reading a few technical changes have been 122 incorporated and they are noted in red in the ordinance before the council. 123 Mr. Asleson noted that Resolution No. 10-41 would allow staff to publish a summary of this 124 ordinance amendment. 125 The council inquired and was informed that there is no assistance funding available at this time to 126 help residents deal with ash trees on private property. Mr. Asleson will be working on that issue, 127 however, and will stay in communication with the council. 128 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council Member 129 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 130 Council Member Gallup moved to approve second reading and adoption of Ordinance No. 07-10 as 131 presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 5;Nays none. 3 COUNCIL MINUTES April 26, 2010 APPROVED 132 Council Member O'Donnell moved to approve Resolution No. 10-41 as presented. Council Member 33 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 134 Item 6D, Extending Deadlines for Planned Unit Developments (PUD) 135 i. Consider Resolution No. 10-33, Extending Deadlines for Main Street Village Planned Unit 136 Development and Conditional Use Permits 137 ii. Consider Resolution No. 10-34, Extending Deadlines for The Preserve Planned Unit 138 Development 139 iii. Consider Resolution No. 10-35, Extending Deadlines for Moon Marsh Planned Unit 140 Development 141 iv. Consider Resolution No. 10-36 Approving an Extension of Time for Century Farm North 142 5th Addition 143 City Planner Smyser explained that the city's Planned Unit Development (PUD) regulations include 144 deadlines for final plan applications, final plats and construction under a conditional use. With a 145 widespread slowdown of development in the region, staff is presenting several planned projects that 146 will require an extension on their deadlines. 147 Council Member Rafferty moved to approve Resolutions No. 10-33, 10-34, 10-35 and 10-36 as 148 presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 149 150 Item 6E,Town Center Design & Development Guide, Resolution No. 10-30, approving a 51 summary of Ordinance No. 05-10 for publication purposes - City Planner Smyser explained that x152 Ordinance No. 05-10 was passed by the council on April 12, 2010, however, this accompanying 153 resolution that would authorize summary publication of the ordinance was not passed because it 154 requires a 4/5 of the council vote and only three members were present at that meeting. Therefore 155 staff is presenting the resolution for consideration. 156 157 Council Member Gallup moved to approve Resolution No. 10-30 as presented. Council Member 158 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 159 160 Item 6F, Pine Street Paving Improvements 161 i. Consider Resolution No. 10-39, Declaring Costs to be assessed—City Engineer Studenski 162 reported that since the charter required waiting period on these improvements has passed, staff is now 163 presenting a resolution that will declare the assessment of the costs as laid out in the feasibility study 164 for the project. 165 Council Member O'Donnell moved to approve Resolution No. 10-39 as presented. Council Member 166 Roeser seconded the motion. Motion carried on a unanimous voice vote. 167 ii. Consider Resolution No. 10-40, Calling for a Public Hearing on Proposed Assessments—City 168 Engineer Studenski explained that once the assessments are declared for an improvement project, as 169 they have now been for Pine Street, it is appropriate for the council to call for a public hearing on the 170 proposed assessments. The resolution before the council would set that hearing for May 24, 2010. '71 Council Member Roeser moved to approve Resolution No. 10-40 as presented. Council Member x-'172 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 4 COUNCIL MINUTES April 26, 2010 APPROVED 173 UNFINISHED BUSINESS 74 175 There was no Unfinished Business. 176 177 NEW BUSINESS 178 179 Item 8A, April 12,2010 City Council Meeting Minutes 180 181 Item 8B, April 12,2010 Board of Appeal Minutes 182 183 Council Member Gallup moved to approve the minutes as presented. Council Member Roeser 184 seconded the motion. Motion carried on a voice vote. Council Members O'Donnell and Rafferty 185 abstained from voting. 186 187 COMMUNITY CALENDAR: 188 189 II, Wednesday, April 28 6:30 pm, Council Chambers Environmental Board 190 4. Monday, May 3 5:30 pm, Community Room Council Work Session 191 4, Monday, May 3 cancelled Park Board 192 Tuesday,May 4 6:30 p.m. Special Mtg of Environmental Bd 193 AL, Thursday,May 6 7:00 am, Community Room EDAC 194 4. Monday,May 10 6:30 pm, Council Chambers City Council Meeting 195 --i 96 ADJOURN 197 198 There being no further business, Council Member O'Donnell moved to adjourn at 7:40 p.m. Council 199 Member Roeser seconded the motion. Motion carried unanimously. 200 201 These minutes were considered and approved at the regular Council Meeting, May 10, 2010. 202 203 204 205 206 Julianne rtell, City erk e emert, Mayor 207 5