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HomeMy WebLinkAbout06-14-2010 Council Minutes COUNCIL MINUTES June 14, 2010 APPROVED CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : June 14,2010 6 TIME STARTED : 6:43 p.m. 7 TIME ENDED : 7:32 p.m. 8 MEMBERS PRESENT : Councilmember Gallup,O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert ►o MEMBERS ABSENT : none 12 Staff members present: Director of Administration Dan Tesch; City Attorney Eric Quiring; 13 Community Development Director Michael Grochala; City Engineer Jim Studenski; City Planner 14 Paul Bengtson; Chief of Police Dave Pecchia; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 Tom and Lynn Wilzbacher, owners of Red Oak Steaks and Wine. Mr. Wilzbacher noted that he has 19 longstanding concerns about the fees attached to this city's liquor licensing and specifically the fee 20 charged for an annual background investigation. His restaurant is widely known as a Christian-based 21 establishment and it is offensive to him that he is required to have a background check each year in 22 order to maintain a license. It is understandable that a background check should be performed for a 23 new owner coming into the city. While a license fee is a part of the cost of doing business,the city's 24 fee is substantial and he feels it is not appropriate to tack on an additional charge for investigation 25 work. In his particular case, liquor is not even a large part of his sales. The bottom line is that he has 26 worked hard to bring a fine restaurant facility to this city and he has to think about leaving it in part 27 because of fees such as this. 28 29 John Freimuth,Lino Lakes resident, asked the council for assistance in his quest to purchase the 30 property at 6931 Lake Drive (the former Bill's Rental Center). Despite much effort, he is unable to 31 purchase and improve this property because the city has unrealistic requirements to improve water 32 service to the building. He feels the city should make an exception that would allow him to improve 33 the property and provide a tax base increase. 34 35 The council agreed to discuss the item at their July work session(on July 6). 36 37 SETTING THE AGENDA 38 39 The agenda was approved as presented. 40 41 CONSENT AGENDA 42 43 Council Member Rafferty moved to approve the Consent Agenda, as presented. Council Member 44 Roeser seconded the motion. Motion carried unanimously. 45 1 COUNCIL MINUTES June 14,2010 APPROVED 46 ITEM ACTION 47 48 Consideration of Expenditures: 49 1A) Consideration of Expenditures: Approved 50 i) May 24, 2010 (Check No. 88245 through 51 88334) in the amount of$526,794.79; 52 ii) Centennial Fire District (Check No. 4288 through 53 4303) in the amount of$75.459/14 54 iii) June 14, 2010 (Check No. 88335 through 55 88459) in the amount of$246.825.05; 56 iv) Centennial Fire District(Check No. 4304 through 57 4331) in the amount of$41,861.25 58 59 1B) Consider approval of May 3, 2010 Work Session Minutes Approved 60 61 1 C) Consider approval of May 10, 2010 City Council Minutes Approved 62 63 1D) Consider Resolution No. 10-45, Approving a Peddler's License Approved 64 for Big Bell Ice Cream, Inc. 65 66 1 E) Consider Resolution No. 10-44, Approving an annual permit Approved 67 for the sale of consumer fireworks at Target, 749 Apollo Dr 68 69 FINANCE DEPARTMENT REPORT,AL ROLEK 70 71 There was no report from the Finance Department. 72 73 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 74 75 3A) Consider Resolution No. 10-49,Approving an On-Sale Wine and 3.2 Beer License with 76 Sunday Sales for Cronie's Pizzeria, 6511 Ware Road - City Clerk Bartell reported that an 77 application has been submitted by Mr. Christopher Downs, owner of Cronie's Pizzeria, for a new 78 on-sale wine and beer license with Sunday sales for the restaurant at 6511 Ware Road. The 79 application process is complete, the related fees have been paid and insurance information has been 80 provided to the City as required. The Lino Lakes Police Department has conducted a background 81 investigation and is not recommending that the council deny the application. The applicant was 82 present to answer any questions. In accordance with the Lino Lakes Code of Ordinances,this 83 application requires approval by the City Council. As required by the city code, opportunity was 84 given to any person wishing to be heard for or against the granting of the license. 85 86 Council Member O'Donnell moved to approve Resolution No. 10-49 as presented. Council Member 87 Gallup seconded the motion. Motion carried on a unanimous voice vote. 88 89 3B) Consider Resolution No. 10-50,Approving the renewal of liquor,wine, beer and dance 90 licenses—City Clerk Bartell reported that liquor, wine, beer and dance licenses in the City of Lino 2 COUNCIL MINUTES June 14,2010 APPROVED 91 Lakes are issued annually and will expire on June 30, 2010. She said that included in the council's 92 report is a list of the establishments that have submitted renewal applications. Staff has been working 93 with the applicants to put in place all necessary information and documentation to meet state and local 94 requirements for the license they request. The Police Department completes background 95 investigations and compliance checks for the applicants and has indicated no new information that 96 would lead to a recommendation of denial of any licenses. 97 98 Ms. Bartell added that the American Legion's application for renewal includes a small expansion of 99 their premises to include an outdoor seating area. The area will be fenced and the plans have been 100 found to conform to city requirements for outdoor seating. 101 102 Council Member Gallup moved to approve Resolution No. 10-50 as presented. Council Member 103 Roeser seconded the motion. Motion carried on a unanimous voice vote. 104 105 PUBLIC SAFETY DEPARTMENT REPORT,DAVE PECCHIA 106 107 4A) Police Department Annual Report—Police Chief Pecchia provided a partial review of the 108 full report. He reviewed crime statistics for the city and the department philosphy for addressing 109 crime. He reviewed volunteer activities and their great benefit to the city,the police reserve program, 110 department achievements in the area of training and education, as well as individual and collective 111 awards received. Chief Pecchia noted the personnel changes that have occurred in the department 112 over the past year. He thanked the council, on behalf of the entire Police Department, for the '13 opportunity to serve the City of Lino Lakes. 115 Mayor Reinert offered thanks on behalf of the council and the city for the fine work of the Lino Lakes 116 Police Department. 117 118 The final report will be placed on the city web site. 119 120 4B) Consider approval to convert certain seized property to city property for Police 121 Department use—Police Chief Pecchia explained the department's request to convert certain seized 122 burglary tools to city equipment that would be used by the Police Department for emergency entry 123 purposes. 124 125 Council Member O'Donnell moved to approve the Police Department's request to convert certain 126 property. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 127 128 PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER 129 130 There was no report from the Public Services Department. 131 132 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 133 134 6A) Consider First Reading of Ordinance No. 08-10,Amending the Zoning Ordinance L.,.35 regulations for Accessory Buildings and Structures - City Planner Bengtson reviewed his 3 COUNCIL MINUTES June 14, 2010 APPROVED 136 written report and ordinance, noting that the council directed staff to initiate this amendment that 37 will allow more equitable consideration of accessory structures based on property size. He 138 reviewed the specific changes included in the ordinance and noted two corrections that will be 139 included in the ordinance when presented for second reading. 140 141 A council member remarked that the changes included in this ordinance have come forward as a 142 result of a situation with a horse training facility operating in Lino Lakes. The change will 143 accommodate some proposed improvements at that facilty, and appropriately so. 144 145 Council Member Gallup moved to approve the first reading of Ordinance No. 08-10 as corrected 146 by staff. Coucnil Member Rafferty seconded the motion. Motion carried on a unanimous voice 147 vote. 148 149 6B) Consider First Reading of Resolution No. 10-48,Approving Payment Request No.3 150 (Final) and Compensating Change Order No. 1,2009 Surface Water Management Project- 151 City Engineer Studenski reported that he is requesting the council's approval of the final payment 152 to the contractor for the 2009 Surface Water Management Project. The contractor has performed 153 the required work and staff has held the contract open to ensure the work holds up. Mr. 154 Studenski requests approval to make the final payment on the project. 155 156 Council Member O'Donnell moved to approve Resolution No. 10-048 as presented. Council 157 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. '58 159 6C) Traffic Signal Improvements 160 i. Consider Resolution No. 10-51,Authorizing Report on Improvements, Lake Drive 161 (CSAH 23) and Main Street (CSAH 14) 162 Traffic Signal Improvements 163 ii. Consider Resolution No. 10-52, Authorizing Report on Improvements, Birch Street 164 (CSAH 34) and Ware Road Traffic 165 Signal Improvements 166 167 Community Development Director Grochala noted that there are two resolutions before the 168 council that would authorize the preparation of two reports, each being a concept layout and 169 construction estimate for the two intersection projects that the council intends to place on this 170 fall's ballot for citizen consideration. Funding for the preparation of these reports is not included 171 in the city's budget would be included in the project budgets if the projects themselves are 172 approved. 173 174 A council member confirmed that Anoka County is currently considering whether they can 175 participate in each of the projects and that the city can halt the preparation of information with 176 consideration of information from the county. 177 178 Council Member O'Donnell moved to approve Resolutions No. 10-52 and 10-51 as presented. 179 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 4 COUNCIL MINUTES June 14,2010 APPROVED 180 UNFINISHED BUSINESS 181 182 There was no Unfinished Business. 183 184 NEW BUSINESS 185 186 There was no New Business. 187 188 COMMUNITY CALENDAR(DATES): 189 190 44 Monday,June 28 5:30 pm, Community Room Council Work Session 191 4, Monday,June 28 6:30 pm,Council Chambers City Council Meeting 192 193 ADJOURN 194 195 There being no further business, Council Member Rafferty moved to adjourn at 7:32 p.m. Council 196 Member Gallup seconded the motion. Motion carried unanimously. 197 198 These minutes were considered and approved at the regular Council Meeting, June 28, 2010. 199 200 201 202 r■ 203 Julianne B ell, City Cl Jeff ►einert, Mayor 204 5