HomeMy WebLinkAbout08-10-2009 Council Minutes COUNCIL MINUTES August 10, 2009
APPROVED
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2 CITY OF LINO LAKES
3 MINUTES
4 REGULAR COUNCIL MEETING
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7 DATE : August 10, 2009
8 TIME STARTED : 6:30 p.m.
9 TIME ENDED : 7:31 p.m.
10 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell,
11 Stoltz and Mayor Bergeson
12 MEMBERS ABSENT : none
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14 Staff members present: Acting City Administrator, Dan Tesch; City Attorney, Joseph Langel;
15 Director of Community Development, Michael Grochala; City Engineer, Jim Studenski; Director of
16 Public Safety, Dave Pecchia; Director of Finance, Al Rolek; City Planner, Jeff Smyser; City Clerk,
17 Julie Bartell.
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19 PUBLIC COMMENT/OPEN MIKE
20 There was no public comment.
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22 SETTING THE AGENDA
`-- 23 The agenda was approved as presented.
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25 SPECIAL PRESENTATION
26 Lino Lakes Ambassadors - 2008-2009 Ambassadors Stephanie Haman, Samantha Barriga and
27 Peggy Ly thanked the council for supporting the Ambassadors Program and presented several
28 float trophies received on behalf of the city. They introduced this year's ambassador candidates.
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30 CONSENT AGENDA
31 Council Member Stoltz moved to approve the Consent Agenda. Council Member O'Donnell
32 seconded the motion. Motion carried.
33
34 ITEM ACTION
35 1A. Consideration of Expenditures:
36 i) August 10, 2009 (Check No. 86374 through 86484), $509,827.08; Approved
37 ii) Centennial Fire District (Check No. 3882 through 3895),
38 $8,220.62 Approved
39
40 1B. Approval of July 27, 2009 Council Work Session Minutes Approved
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COUNCIL MINUTES August 10, 2009
APPROVED
41 1C. Approval of July 27, 2009 City Council Meeting Minutes Approved
42 1 D. Approval of Resolution No. 09-55 approving application of the
43 Lino Lakes Lions Club for a 1-4 day temporary on-sale liquor
44 license and off-site gambling permit for the annual Pheasant Feed
45 at St. Joseph's Church on September 26,2009 Approved
46
47 FINANCE DEPARTMENT REPORT,AL ROLEK
48 There was no report from the Finance Department.
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50 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
51 3A. Charter Commission Budget Request—Acting Administrator Tesch recalled that the
52 Lino Lakes Charter Commission has submitted a letter requesting additional funding in 2009.
53 The request is for$4,000 to be used for legal services to develop a charter amendment that
54 would include a limit on property taxes.
55 When the council requested information on a possible schedule for a charter amendment, staff
56 explained that the Minnesota Statutes prescribe different schedules and processes for different
57 types of amendments and since there is no amendment in hand nor has the commission indicated
58 what type of amendment they intend to submit, the process is not clear.
59 When a council member asked if the request could be funded from the city's contingency fund,
60 Finance Director Rolek noted that a source for this request has not been identified but there is a
61 small amount of money left in the contingency.
62 A council member remarked that without funding, the commission cannot proceed with their
63 prescribed duties.
64 Council Member Reinert moved to approve the budget request of the Charter Commission.
65 Mayor Bergeson seconded the motion.
66 A council member noted that while the amendment suggested could be an important
67 consideration for the city, decisions about taxation and services should remain with the elected
68 officials chosen by the citizens. He would support a process whereby the council and the charter
69 commission work together on the question however. With the difficult budget decisions facing
70 the city for 2010, working together is the best approach.
71 Two other council members concurred with the concept of working collaboratively with the
72 charter commission. A joint meeting between the two bodies was suggested as well as holding
73 off on the commission's funding request until the bodies can determine together how best to
74 proceed.
75 A council member noted that there is a major road work issue in this city that is impacted by the
76 charter and he would like to see an amendment that addresses that pressing issue.
77 Motion lost on a voice vote.
78 Connie Sutherland, Charter Commission Member, 889 Main Street. Regarding the road issue,
79 she became part of the commission after she saw how that matter is being mishandled by the
80 city's leaders. She doesn't believe the commission is opposed to meeting with the council but
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COUNCIL MINUTES August 10, 2009
APPROVED
81 she understands that in the past those efforts have fallen short on the council's part. She is
�--82 interested in hearing more about how the council wants to reach out to the commission.
83 Kelly Gunderson, Charter Commission Secretary/Member, 135 Ulmer Drive. The commission
84 has been forced due to lack of funding to let go of their professional minute taker services. The
85 minute production process is not easy for her and has caused some delay. The approximately
86 $21 left in the budget is not sufficient. She feels their budget has been left deficient in part due
87 to their forced need to respond to the audit ordered by the city. As far as working with the
88 council, she has been disappointed that the council never attends commission meetings (during
89 her seventeen months as a member) and was greatly disappointed when the commission tried to
90 work with city staff on last year's amendment only to have their work edited inappropriately.
91 The mayor and the city council should revisit the request for funding and approve some funding
92 for the remainder of 2009.
93 The mayor offered use of the city's recording device to assist with minute taking.
94 Caroline Dahl, Charter Commission Chair, 1101 Holly Court. Ms. Dahl recalled that past
95 efforts to schedule a joint meeting with the council have been denied by the city administrator
96 and council. She hopes that council and staff will fulfill the request to meet this time around.
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98 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
99 4A. Resolution No. 09-57,Authorizing Execution of Agreement with Department of
100 Public Safety for the Anoka County DWI Task Force Grant—Police Chief Pecchia reported
'01 that the city has participated in these task force efforts for the past two years and this would be
`-102 the final year of the grant. Staff recommends that the agreement be executed to continue the
103 city's participation.
104 Council Member O'Donnell moved to approve Resolution No. 09-57 as presented. Council
105 Member Gallup seconded the motion. Motion carried.
106 4B. Resolution No. 09-58, Authorizing Execution of Agreement with the Department of
107 Public Safety for HEAT (HiVis Enforcement of Aggressive Traffic) Communities Grant-
108 Police Chief Pecchia reported that the city began participating in this program this year in an
109 effort to improve safety on the roadways. It includes assistance from the state troopers to deal
110 with aggressive driving issues. Staff is recommending that this agreement be executed to
111 continue city participation in the program.
112 Council Member Gallup moved to approve Resolution No. 09-58 as presented. Council
113 Member Stoltz seconded the motion. Motion carried.
114 4C. Resolution No. 09-59, Authorizing Execution of Agreement with the Department of
115 Public Safety for the Safe & Sober Communities Grant—Police Chief Pecchia reported that
116 the city has participated in this safe and sober program for the past ten years. This is another
117 program that improves safety levels on the city's roadways. Staff is recommending that an
118 agreement be executed to continue the city's participation in the program.
119 Council Member Reinert moved to approve Resolution No. 09-59 as presented. Council
120 Member Gallup seconded the motion. Motion carried.
121
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COUNCIL MINUTES August 10, 2009
APPROVED
'22 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
123 There was no report from the Public Services Department.
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125 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA
126 6Ai. Second reading of Ordinance No. 04-09: Zoning Ordinance Amendment to Allow
127 Public, Educational, and Religious Buildings as Conditional Uses in the General Business
128 and Limited Business Zoning Districts, and Amending City Code so that Required
129 Distance for Liquor License shall not apply if School or Church is in Limited Business or
130 General Business Zoning District—City Planner Smyser reported that the council approved
131 first reading of this ordinance at the July 27, 2009 council meeting. The ordinance would
132 amend the zoning regulations for general business and limited business zoning districts to allow
133 religiou/public educational uses and in addition would amend the liquor code to exempt the
134 required distance for liquor licenses within those previously mentioned zoning districts. A
135 resolution authorizing summary publication of the ordinance is also presented for council
136 consideration.
137 The city's Economic Development Advisory Committee had submitted a letter in support of the
138 changes. The city's Planning and Zoning Board unanimously approved these amendments.
139 A council member suggested that while the concept of the change makes sense, he still has
140 concerns about this not fitting in Lino Lakes—it seems more inner city. Would it be possible to
141 amend this so that it would be for free-standing buildings only? He doesn't have a problem with
142 the specific situation involved with the former VFW building.
--143 Attorney Langel responded that zoning by nature of structure isn't necessarily appropriate. The
144 larger concern is the federal law that is involved and the need to have a"compelling"reason to
145 not comply with that law. There is a high standard to meet.
146 A council member suggested that it is a good thing when a faith community expands into this
147 community. This is already an established group in the city. Also there needs to be recognition
148 that churches don't always have steeples any longer.
149 Council Member Stoltz moved to dispense with full reading of the ordinance and to approve the
150 second reading of Ordinance No. 04-09 as presented. Council Member O'Donnell seconded the
151 motion. A roll call vote was taken. Motion carried as follows: Yeas, 4 (Stoltz, O'Donnell,
152 Gallup, Bergeson); Nays, 1 (Reinert).
153
154 6Aii. Resolution No. 09-54,Approving Summary of Ordinance No. 04-09 for Publication,
155 Jeff Smyser
156 Council Member O'Donnell moved to approve Resolution No. 09-54 as presented. Council
157 Member Stoltz seconded the motion. Motion carried.
158
159 6Bi. Second reading of Ordinance No. 05-09: Amending Planned Unit Development
160 Section of Zoning Ordinance to Remove Six-Month Limit on Extensions for Submitting
161 Final Development Plan - City Planner Smyser noted that first reading of this ordinance was
162 approved by the council on July 27, 2009. The ordinance would eliminate the six-month limit
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COUNCIL MINUTES August 10, 2009
APPROVED
'63 on extensions for submittal of certain development plans for the reasons explained the first
—64 reading. Summary publication of the ordinance is also recommended by staff.
165 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council
166 Member Gallup seconded the motion. Motion carried on a voice vote.
167 Council Member O'Donnell moved to approve the second reading of Ordinance No. 05-09 as
168 presented. Council Member Reinert seconded the motion. A roll call vote was taken. Motion
169 carried as follows: Yeas, 5; Nays none.
170
171 6Bii. Resolution No. 09-53,Approving Summary of Ordinance No. 05-09 for Publication,
172 Council Member Reinert moved to approve Resolution No. 09-53 as presented. Council
173 Member Stoltz seconded the motion. Motion carried.
174
175 UNFINISHED BUSINESS
176 There was no unfinished business.
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178 NEW BUSINESS
179 There was no new business.
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181 m8�1t ,.. :,.. � ��� � �
82 There being no further business, Council Member Stoltz moved to adjourn at 7:31 p.m. Council
'183 Member O'Donnell seconded the motion. Motion carried.
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185 These minutes were considered and approved at the regular City Council Meeting on August 24,
186 2009.
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192 Julianne Bartell, City Clerk alohlrbBieson, ayor
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