HomeMy WebLinkAbout10-26-2009 Council Minutes COUNCIL MINUTES October 26, 2009
APPROVED
1
2 CITY OF LINO LAKES
3 MINUTES
4 REGULAR COUNCIL MEETING
5
6
7 DATE : October 26, 2009
8 TIME STARTED : 6:35 p.m.
9 TIME ENDED : 8:00 p.m.
10 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell,
11 and Mayor Bergeson
12 MEMBERS ABSENT : Council Member Stoltz
13
14 Staff members present: Acting City Administrator Dan Tesch; City Attorney Joseph Langel;
15 Director of Public Safety Dave Pecchia; City Engineer Jim Studenski; City Planner Jeff Smyser;
16 City Clerk,Julie Bartell.
17
18 PUBLIC COMMENT/OPEN MIKE
19
20 There was no public comment.
21
22 SPECIAL PRESENTATIONS
23
'— 24 Lino Lakes Ambassadors—Trophy Presentation - 2009-2010 Lino Lakes Ambassadors Caiti
25 Laszewski, Lindsey Weber and Becca Thielen presented two trophies to the council
26
27 Centennial School District Superintendent, Paul Stremcik spoke about enrollment numbers, state
28 achievement scores, attendance, expulsion rates, school levy proposals, and state and federal
29 funding.
30
31 SETTING THE AGENDA
32
33 The agenda was amended to include an item under New Business, Council resignation.
34
35 CONSENT AGENDA
36
37 Council Member Reinert moved to approve the Consent Agenda. Council Member Gallup
38 seconded the motion. Motion carried.
39
40 ITEM ACTION
41
42 1A. Consideration of Expenditures:
43 i) October 26, 2009 (Check No. 86935 through 87106),
44 $216,747.73; Approved
45 ii) Centennial Fire District (Check No. 3998 through 4011),
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COUNCIL MINUTES October 26, 2009
APPROVED
46 $25,967.39 Approved
47
48 1B. Approval of October 5, 2009 Council Work Session Minutes Approved
49
50 1C. Approval of October 5, 2009 City Council Meeting Minutes Approved
51
52 1D. Certification of Delinquent Charges
53 i) Consideration of Resolution No. 09-92, Authorizing
54 Certification of Delinquent Water and Sewer Utility Charges
55 for collection with the 2009 property taxes payable in 2010 Approved
56
57 ii) Consideration of Resolution No. 09-82, Authorizing Certification
58 of Delinquent Weed Abatement Charges for collection with the
59 2009 property taxes payable in 2010. Approved
60
61 1E. Proclamation: Homeless Awareness Month, November 2009 Approved
62
63 1F. Approval of October 12, 2009 City Council Meeting Minutes Approved
64
65 FINANCE DEPARTMENT REPORT, AL ROLEK
66
67 There was no report from the Finance Department.
68
69 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
70
71 3A. Consideration of appointing Patrick Moonen Lino Lakes Building Official- Acting
72 Administrator Tesch reported that state statute requires that the city appoint a building official
73 and with the vacancy in that position left by the retirement of Pete Kluegel, he is recommending
74 appointment of Patrick Moonen.
75
76 Council Member Gallup moved to approve the appointment of Mr. Moonan. Council Member
77 O'Donnell seconded the motion. Motion carried.
78
79 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
80
81 4A. Accepting donation from MN Department of Public Safety Safe and Sober Program
82 —Public Safety Director Pecchia requested that the council accept the award of a Stalker Radar
83 from the Minnesota Department of Public Safety—Office of Traffic Safety. This radar is
84 awarded to the department for its participation in the Safe and Sober Campaign in the month of
85 July. Members of the Lino Lakes Police Department participated in that program's enhanced
86 enforcement projects. He introduced Mr. Bob O'Brien of said Department of Public Safety who
87 presented the LifeSaver Award to Lino Lakes Police Sergeant Bill Hammes. He offered thanks
88 and praise to Sgt. Hammes for his many contributions to the Safe & Sober Program and
89 congratulated him on his pending retirement from the Lino Lakes Police Department.
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COUNCIL MINUTES October 26, 2009
APPROVED
90 Council Member O'Donnell moved approval to accept the donation. Council Member Gallup
91 seconded the motion. Motion carried.
92
93 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
94
95 There was no report from the Public Services Department.
96
97 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA
98
99 6A. PUBLIC HEARING-Pine Street Reconstruction -City Engineer Studenski recalled
100 that the council has accepted by resolution the Pine Street Paving Improvements Feasibility
101 Study and may now consider the improvements in accordance with the report and the with state
102 statute and the city charter as they relate to assessments for improvements. He noted that total
103 estimated cost for the project and that the City of Columbus would be paying for half of those
104 costs since half of the roadway is located in that city. The proposed assessments to Lino Lakes'
105 residents were reviewed. Engineer Studenski asked that the council hold the required public
106 hearing and then consider a motion to close same.
107
108 The public hearing was opened.
109
110 John Waldoch, 8335 Lake Drive, addressed the council. He noted that he has other property on
111 the street in addition to his noted address. He feels it is time to get this project done. A majority
' 12 of the property owners want it done although there are some issues.
-113
114 Joe Torgeson, 6343 Pine Street (Columbus), remarked that the road in its current condition is
115 unfit and unsafe. This project should have been done a long time ago; please move forward with
116 it now.
117
118 There being no one else wishing to speak, Council Member Reinert moved to close the public
119 hearing at 7:15 p.m. Council Member O'Donnell seconded the motion. Motion carried.
120
121 6B. Consideration of Resolution No. 09-90: Conditional Use Permit for a Church at
122 7868 Lake Drive (North Springs Church)-City Planner Smyser reported that the application
123 submitted to allow a church at the former VFW site includes a request for a conditional use
124 permit (CUP). Because many of the improvements attached to the previous CUP approved for
125 the VFW project have not been completed, staff has been working with the current applicants to
126 get those requirements in place. The site plan and progress toward that goal were reviewed by
127 Mr. Smyser. It was noted that any escrow funds remaining from the previous owner will be
128 disbursed based on legal review. Mr. Smyser added that he understands that the new property
129 owners are comfortable with the conditions proposed for the CUP.
130
131 Council Member Reinert moved to approve Resolution No. 09-90 as presented. Council
132 Member Gallup seconded the motion. Motion carried.
133
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COUNCIL MINUTES October 26, 2009
APPROVED
34 6C. Consideration of First Reading of Ordinance No. 11-09, Amending Ordinance
'135 04-04 and the Lino Lakes Town Center Design and Development Guide to allow Assisted
136 Living Facilities in certain land use categories within the Legacy at Woods Edge project
137 area—City Planner Bengtson reported that staff has reviewed the design and development plan
138 for the Town Center area in order to determine the most appropriate way to consider inclusion of
139 the proposed assisted living facility at the County Inn and Suites building. He highlighted the
140 areas of the plan that would require amendment. The ordinance also contains some additional
141 changes seen as "clean up"by staff. The council confirmed that there are no design changes
142 being considered as a part of these proposed amendments.
143
144 Mr. Bengtson clarified that the ordinance requires a 3/5 vote, not a super majority. Upon a
145 council request, he also confirmed that the plan amendment allows a change of use but does not
146 approve the project itself.
147
148 Council Member Gallup moved to dispense with full reading of the ordinance. Council Member
149 O'Donnell seconded the motion. Motion carried on a voice vote.
150
151 Council Member O'Donnell moved to approve the first reading of Ordinance No. 11-09 as
152 presented. Council Member Gallup seconded the motion. Motion carried.
153
154 6D. Consideration of Resolution No. 09-75,Approving Change Order No. 6 and Final
155 Pay Request,Legacy Street Lighting Improvements—Acting Administrator Tesch reviewed
'56 Director Grochala's report. Staff is requesting approval of a change order as well as the final
`---157 payment(deduct) for the street lighting project.
158
159 Council Member Reinert moved to approve Resolution No. 09-75 as presented. Council
160 Member Gallup seconded the motion. Motion carried.
161
162 6E. Consideration of Resolution No. 09-91,Authorizing Execution of Professional
163 Services Agreement with Bonestroo for Update of Official Controls—Acting Administrator
164 Tesch reviewed Director Grochala's report requesting authorization to execute an agreement for
165 consulting services to assist in the city's effort to update official controls in the area of natural
166 resources utilizing grant funds.
167
168 Since some questions had arisen at the work session held previous to the council meeting, the
169 council concurred that the matter would be discussed further at the next regular work session
170 before action is considered.
171
172 Council Member Reinert moved to table the matter. Council Member O'Donnell seconded the
173 motion. Motion carried.
174
175 UNFINISHED BUSINESS
176
177 There was no unfinished business.
178
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COUNCIL MINUTES October 26, 2009
APPROVED
79 NEW BUSINESS
181 Letter of resignation received from Council Member Stoltz; Resolution No. 09-96,
182 Declaring a Vacancy on the City Council—Mayor Bergeson read Mr. Stoltz's letter of
183 resignation.
184
185 City Attorney Langel explained that the city charter provides the process for filling council
186 vacancies. The council is first required to declare by resolution that a vacancy exists. Once the
187 vacancy occurs, Section 4.05 of the charter states that the upcoming election will fill the
188 vacancy(to be filled by the candidate who receives the third most votes). The resolution before
189 the council sets forth that process. He recognized that the notice period of the vacancy process
190 is short; the resolution adds a direction to public notice in a daily newspaper of general
191 circulation.
192
193 The council discussed the possibility of providing additional information at the polls to inform
194 voters of this unique situation.
195
196 The council set a special meeting for November 2, 2009, 5:30 p.m. (previous to the regularly
197 scheduled work session that evening)to receive additional information on the vacancy situation
198 as well as consider any necessary action related to that subject.
199
200 Council Member Gallup moved approval of Resolution No. 09-96 as presented. Council
101 Member O'Donnell seconded the motion. Motion carried.
X202
203 m...� . .._.. ;j!
204
205 There being no further business, Council Member O'Donnell moved to adjourn at 8:00 p.m.
206 Council Member Gallup seconded the motion. Motion carried.
207
208 These minutes were considered and approved at the regular City Council Meeting on November
209 9, 2009.
210
211 !'E�i
212 Julianne Ba, ell, City Cle ohn B eson, yor
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214
215 Community Calendar— A Look Ahead
216 October 27, 2009 through November 9, 2009
217
218 4. Tuesday, October 27 6:30 pm, Council Chambers Joint Meeting:
219 Park Board/Environmental Board
220 4, Monday,November 2 5:30 pm, Community Room Council Work Session
221 4, Monday,November 2 6:30 pm, Library Park Board
222 4, Thursday,November 5 7:00 am, Community Room EDAC
223 qk Monday,November 9 6:30 pm, Council Chambers Council Meeting
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