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HomeMy WebLinkAbout09-28-2009 Council Minutes COUNCIL MINUTES September 28, 2009 APPROVED 1 CITY OF LINO LAKES •-- 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 6 DATE : September 28, 2009 7 TIME STARTED : 6:40 p.m. 8 TIME ENDED : 7:40 p.m. 9 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 10 and Mayor Bergeson 11 MEMBERS ABSENT : Council Member Stoltz 12 13 Staff members present: Acting City Administrator Dan Tesch; City Attorney Joseph Langel; 14 Director of Public Safety Dave Pecchia; Director of Community Development Michael Grochala; 15 City Engineer Jim Studenski; City Planner, Jeff Smyser; City Clerk, Julie Bartell. 16 17 PUBLIC COMMENT/OPEN MIKE 18 Kevin Stanton, 1157 Main Street, proposes that the city change its oil use to Amsoil, a less 19 expensive alternative to the oil products currently being used by the city. Mr. Stanton remarked 20 that he has a presentation on this topic that he'd be happy to present to the council. 21 22 Mayor Bergeson suggested that the subject would be more appropriately considered at a council 23 work session. " 24 25 SETTING THE AGENDA 26 The agenda was amended to add receiving input from those present wishing to address the 27 council regarding the 35W sound wall petition and to delete Items 6D (i) & (ii). 28 29 ADDED ITEM 30 31 Petition for installation of a noise wall on the south side of I-35W-A group of residents had 32 earlier submitted a petition signed by 63 individuals requesting a fence/noise barrier along the 33 south side of highway I-35W from Sunset Street to just past St. Joseph's Church or the 34 elementary and middle school. Some additional signatures were submitted at the meeting. 35 36 Sharon George, 96 Willow Pond Trail, noted that she is a resident of seven years and the noise 37 from the adjacent highway has been difficult to take. With the installation of the wall on the 38 other side of the roadway, the noise has gotten worse. 39 40 Joyce Dahle, 107 Willow Pond Trail, stated that she lives 74 feet from the freeway fence. The 41 noise wakes her up at night and it has gotten worse with the installation of the wall on the other 42 side. Exhaust fumes and dust from the cars are additional problems. 43 44 Chris Schneider, 23 Elm Street, remarked that she is a resident of 11 years, having moved to the . 45 area for the school district. Her home abuts I-35 W and she has watched the traffic grow and 1 COUNCIL MINUTES September 28, 2009 APPROVED 46 grow over those 11 years. The noise has gotten continually worse especially with the addition ' --47 of a noise wall on the other side. There are also safety issues with animals running onto the 48 roadway and people coming from cars to adjacent homes. Property value has been lost. 49 50 Ward Greenbush, 85 Willow Pond Trail, noted that his home abuts the freeway area in question; 51 it is very noisy and dust is a huge problem. The noise has doubled, maybe even tripled, since 52 the installation of the wall on the other side. 53 54 Dustin Bremness, 11 Elm Street, resident of 12 years, has noticed that the traffic and noise from 55 I-35W has gotten worse in the last few years. This will continue to get worse as areas expand to 56 the north of the city. 57 58 Ken Johnson, Willow Ponds community, explained that he utilizes hearing aids and the freeway 59 noise is awful for him. Installation of the wall across the roadway has made the problem worse 60 on his side. 61 62 The council directed staff to convey these concerns to the Minnesota Department of 63 Transportation(MnDOT), to research all ways of dealing with highway noise, and to report back 64 to the council on the matter at a work session. Staff indicated that they will attempt to have a 65 representative from MnDOT attend also. 66 67 The residents asked to be kept informed and designated Ms. Chris Schneider as their 68 representative for that information. `-- 69 70 CONSENT AGENDA 71 Council Member Gallup moved to approve the Consent Agenda. Council Member O'Donnell 72 seconded the motion. Motion carried. Council Member Stoltz was absent. 73 74 ITEM ACTION 75 76 1A. Consideration of Expenditures: 77 i) September 28, 2009 (Check No. 86722 through 86795), 78 $384,251.31; Approved 79 ii) Centennial Fire District(Check No. 3960 through 3978), 80 $37,428.17 Approved 81 82 1B. Approval of Resolution No. 09-70,Appointing Election Judges Approved 83 84 1C. Approval of September 8,2009 Council Work Session Minutes Approved 85 86 1D. Approval of September 14, 2009 City Council Meeting Minutes Approved 87 88 1E. Approval of Application to Conduct Excluded Bingo submitted 89 by Blue Heron PTO, for event on November 19, 2009 Approved 90 2 COUNCIL MINUTES September 28, 2009 APPROVED 91 1F. Approval of Resolution No. 09-80 Declaring October as Domestic 92 Violence Awareness Month Approved 93 94 1G. Approval of August 25, 2009 Special Work Session Minutes Approved 95 96 11I. Approval of August 31,2009 Special Work Session Minutes Approved 97 98 H. Approval of September 8, 2009 Special City Council Meeting 99 Minutes Approved 100 101 FINANCE DEPARTMENT REPORT,AL ROLEK 102 There was no report from the Finance Department. 103 104 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 105 3A. Second Reading and Passage of Ordinance No. 06-09, Amending Section 3.01 of the 106 Lino Lakes City Charter to require that council meetings be televised 107 108 It was noted that the ordinance would require an affirmative vote of all council members for 109 approval. Council Member Stoltz was not going to be present this evening. 110 111 City Attorney Langel noted that the deadline for council action on the ordinance is October 8, 112 2009. Therefore, the council could: a) vote on the matter this evening knowing that it could not .._113 pass; orb) table the matter for consideration at the upcoming October 5, 2009 special council 114 meeting. 115 116 Council Member Reinert moved to table second reading and adoption of Ordinance No. 06-09 to 117 the special council meeting on October 5, 2009. Council Member O'Donnell seconded the 118 motion. Motion carried. Council Member Stoltz was absent. 119 120 3B. Conditional offer of employment to Matt Paulson for the position of police officer 121 122 Council Member O'Donnell moved to approve the conditional offer of employment as 123 presented. Council Member Gallup seconded the motion. Motion carried. Council Member 124 Stoltz was absent. 125 126 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 127 4A. Resolution No. 09-79, Accepting Recovery Act Assistance Grant in the amount of 128 $336,645 129 130 Police Chief Pecchia reported that he is requesting authorization to accept a grant for the police 131 department in the amount of$336,645 (over two years). The grant funds would be used to fund 132 two police officer positions and to continue the department's transition from problem oriented 133 policing to intelligence led policing. 134 3 COUNCIL MINUTES September 28, 2009 APPROVED 35 Council Member Gallup moved to approve Resolution No. 09-79 as presented. Council —1.36 Member Reinert seconded the motion. Motion carried. Council Member Stoltz was absent. 137 138 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 139 140 There was no report from the Public Services Department. 141 142 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 143 6A. Resolution No. 09-71 Accepting Feasibility Study, Pine Street Paving improvements 144 145 City Engineer Studenski reviewed the results of the feasibility study conducted for 146 improvements on Pine Street. Staff is working with the City of Columbus as Pine Street is 147 located in both Columbus and Lino Lakes. They have worked also with the watershed district 148 on flood plain and soil matters and the results of that work is presented in the maps included in 149 his written report. The study broke the project into two segments—up to 4th Avenue and the 150 entire length past 4th Avenue. Based on evidence that there is strong support for a project only 151 up to 4th Avenue, staff is recommending proceeding only with that segment for improvement. A 152 public hearing on the project is proposed for October 26, 2009. 153 154 Council Member O'Donnell moved to approve Resolution No. 09-71 as presented. Council 155 Member Gallup seconded the motion. Motion carried. 156 57 6B. First Reading of Ordinance No. 07-09 Imposing a Tax on Lodging, Mary Alice ` 158 Divine 159 160 Economic Development Coordinator Divine recalled that seven cities in the north metro area 161 recently opted out of the existing convention&visitors bureau (CVB) Visit Minneapolis North 162 with the idea of establishing a new CVB called Minnesota Metro North Tourism that would be 163 geared more toward the area. The council passed a resolution at that time supporting the city's 164 participation in that newly created CVB. Funding for the organization comes from lodging tax 165 and staff is bringing forward an ordinance that would put such a tax in place for the lodging 166 facilities in Lino Lakes. The city has received a letter of support for this action from both of the 167 hotels located in the city. The group would function under the direction of a board and the city 168 would eventually be asked to appoint one representative to that group (most often that would be 169 the city administrator, economic development staff or mayor). The proposed ordinance outlines 170 the requirements for the collection of the tax and the process for administration; the tax would 171 become effective in January 2010. 172 When a council member asked if the city would be permanently tied to the organization and its 173 activities, Ms. Divine replied that there is a two-year commitment up front. The organization's 174 leader, Mr. Connelly, will attend a future council meeting. 175 A representative (manager) of the County Inn and Suites in Lino Lakes told the council that 176 participation with this organization could only help bring business to the area hotels. 4 COUNCIL MINUTES September 28, 2009 APPROVED 77 Council Member O'Donnell moved to approve the first reading of Ordinance No. 07-09 as —178 presented. Council Member Gallup seconded the motion. Motion carried. Council Member 179 Stoltz was absent. 180 181 6C. Extending Deadlines 182 i. Resolution No. 09-76, Extending Deadlines for Main Street Village Planned 183 Unit Development and Conditional Use Permits,Jeff Smyser 184 185 ii. Resolution No. 09-77, Extending Deadline for The Preserve Planned Unit 186 Development,Jeff Smyser 187 188 iii. Resolution No. 09-78, Extending Deadlines for Moon Marsh Planned Unit 189 Development,Jeff Smyser 190 191 City Planner Smyser noted that the council has previously adopted an ordinance changing the 192 staging plan and preliminary plat deadline requirements for planned unit developments. These 193 three projects will not be meeting the deadlines due to widespread development slowdown in the 194 region. Staff recommends approval of the extensions in these three cases. 195 Council Member Reinert moved to approve Resolutions No. 09-76, 09-77, and 09-78 as 196 presented. Council Member Gallup seconded the motion. Motion carried. Council Member 197 Stoltz was absent. 198 99 6E. Resolution No. 09-74, Approving Change Order No. 18,I-35W/CSAH 23 200 (Lake Drive) Interchange Improvement Project 201 202 Community Development Director Grochala reviewed his request for approval of a change order 203 impacting the I-35W/CSAH 23 (Lake Drive) Interchange Project. The change provided for a 204 remedy to a ditch erosion problem. 205 206 Council Member O'Donnell moved to approve Resolution No. 09-74 as presented. Council 207 Member Gallup seconded the motion. Motion carried. Council Member Stoltz was absent. 208 209 UNFINISHED BUSINESS 210 211 There was no unfinished business. 212 213 NEW BUSINESS 214 215 There was no new business. 216 �' ; 217 y., z 218 219 There being no further business, Council Member Gallup moved to adjourn at 7:35 p.m. 220 Council Member Reinert seconded the motion. Motion carried. Council Member Stoltz was 221 absent. 5 COUNCIL MINUTES September 28, 2009 APPROVED '22 `-223 These minutes were considered and approved at the regular City Council Meeting on October 224 12, 2009. 225 • 226 227 all4614/21dY° 228 Julianne B ell, City Cl k John Bergeson, Mayor 229 230 231 Community Calendar—A Look Ahead 232 September 28, 2009 through October 12, 2009 233 234 Nk Wednesday, September 30 cancelled Environmental Board 235 4 Thursday, October 1 7:00 am, Community Room EDAC 236 6 Monday, October 5 5:30 pm, Community Room Council Work Session 237 Itip Monday,October 5 cancelled(rescheduled to Oct 27) Park Board 238 4 Thursday, October 8 6:30 pm,Community Room Charter Commission 239 4 Monday, October 12 6:30 pm, Council Chambers Council Meeting 240 241 242 6