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HomeMy WebLinkAbout11-23-2009 Council Minutes COUNCIL MINUTES November 23, 2009 APPROVED 1 2 CITY OF LINO LAKES 3 MINUTES 4 REGULAR COUNCIL MEETING 5 6 7 DATE : November 23, 2009 8 TIME STARTED : 6:30 p.m. 9 TIME ENDED : 7:10 p.m. 10 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 11 Roeser and Mayor Bergeson 12 MEMBERS ABSENT : none 13 14 Staff members present: City Attorney, Joseph Langel; Director of Public Safety Dave Pecchia; 15 Director of Finance Al Rolek; Director of Community Development Michael Grochala; City 16 Engineer Jim Studenski; City Planner Paul Bengtson; Public Services Director Rick DeGardner; 17 City Clerk Julie Bartell. 18 19 Immediately following the call to order, City Clerk Bartell administered the Oath of Office to 20 Council Member Dave Roeser after which Mr. Roeser took his place at the council dais and the 21 roll call for the meeting was taken. 22 23 PUBLIC COMMENT/OPEN MIKE 25 There was no public comment. 26 27 SETTING THE AGENDA 28 29 The agenda was approved as presented. 30 31 CONSENT AGENDA 32 33 Council Member Gallup moved to approve the Consent Agenda. Council Member Reinert 34 seconded the motion. Motion carried on a unanimous voice vote. 35 36 ITEM ACTION 37 38 1A. Consideration of Expenditures: 39 i) November 23, 2009 (Check No. 87174 through 87253), 40 $222,718.25; Approved 41 ii) Centennial Fire District (Check No. 4025 through 4044), 42 $36,981.86 Approved 43 44 1B. Approval of November 2, 2009 Special City Council Meeting 45 Minutes Approved 1 COUNCIL MINUTES November 23, 2009 APPROVED 46 x-'47 1C. Approval of November 2, 2009 Council Work Session Minutes Approved 48 49 1D. Approval of November 9, 2009 City Council Meeting Minutes Approved 50 51 1E. Approval of application of Centennial Middle School PTA to 52 conduct excluded bingo event on February 5, 2010 Approved 53 54 1F. Approval of November 9, 2009 Canvassing Board Minutes Approved 55 56 57 FINANCE DEPARTMENT REPORT, AL ROLEK 58 59 There was no report from the Finance Department. 60 61 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 62 63 3A. City Code Update Project 64 65 i. Second reading and adoption of Ordinance No. 10-09, amending, restating, 66 revising, updating, codifying, and compiling certain ordinances of the city 67 dealing with the subjects embraced in the Code of Ordinances 68 69 City Clerk Bartell reported that over the past months, the council and staff have engaged in a 70 project to update and reprint the Lino Lakes City Code. After a thorough review of the code 71 that included adding all amendments since 1993 as well as updating language as appropriate, 72 staff presented an ordinance approving the new code to the council for first reading on 73 November 9. Ordinance No. 09-10 approving an updated city code was presented for second 74 reading and approval. She noted that if the ordinance is approved, it will be published and, after 75 30 days, the new code will be available in print and on-line. 76 77 Council Member Gallup moved to dispense with full reading of the ordinance. Council Member 78 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 79 80 Council Member Reinert moved to approve the second reading and adoption of Ordinance No. 81 10-09 as presented. Council Member Gallup seconded the motion. Motion carried: Yeas, 5; 82 Nays none. 83 84 ii. Second reading and adoption of Ordinance No. 09-09, establishing the 2010 85 City Fee Schedule (Appendix A to the City Code),Julie Bartell 86 87 City Clerk Bartell reported that she is requesting second reading and approval of Ordinance No. 88 09-09 approving the 2010 city fee schedule. The city charges certain fees for services and those 89 fees are consolidated into one schedule to be reviewed and adopted on an annual basis. The fee 2 COUNCIL MINUTES November 23, 2009 APPROVED 90 schedule has been reviewed and updated by staff and changes are noted in the staff report. X91 Approval of a summary of Ordinance No. 09-09 for publication is also requested. 92 93 Council Member O'Donnell moved to dispense with full reading of the ordinance and to 94 approve the second reading and adoption of Ordinance No. 09-09 as presented. Council 95 Member Roeser seconded the motion. Motion carried; Yeas, 5; Nays none. 96 97 iii. Consider Resolution No. 09-98,Approving summary publication of 98 Ordinance No. 09-09 99 100 Council Member Reinert moved to approve Resolution No. 09-98 as presented. Council 101 Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 102 103 3B. Consider Resolution No. 09-106, Approving and adopting an Emergency 104 Preparedness and Response Plan for Pandemic Influenza and Public Health 105 Emergencies 106 107 Acting Administrator Tesch presented an Emergency Preparedness and Response Plan for a 108 Pandemic Influenza &Public Health Emergency. The plan identifies essential services and 109 personnel, a chain of command and essential service provision plan. It includes instructions for 110 conducting an election and a public meeting in the midst of a pandemic. 111 12 Council Member Gallup moved to approve Resolution No. 09-106 as presented. Council 113 Member Reinert seconded the motion. Motion carried. 114 115 PUBLIC SAFETY DEPARTMENT REPORT,DAVE PECCHIA 116 117 There was no report from the Public Safety Department. 118 119 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 120 121 5A. First reading of Ordinance No. 13-09, sale of a segment of parkland, Highland 122 Meadows Park 123 124 Public Services Director DeGardner reported that Mr. and Mrs. Judd of 670 Arlo Lane are 125 interested in acquiring a piece of city-owned property adjacent to Highland Meadows Park in 126 order to provide adequate setback for a proposed addition to their garage. He explained that 127 historically the property in question was intended to be sold to the Judds by the owner/developer 128 of the land as a buffer area but since that didn't occur, the land was deeded to the city. He 129 reviewed the possible financial gain from the sale and the city charter requirements regarding 130 the sale of land. Typically staff is guarded regarding the sale of park land but is open to this sale 131 because the land in question was never intended to be a part of the park and has no effect on the 132 functionality of the park. He explained that the Park Board considered this sale and 133 recommended that the city convey the easternmost ten feet of Outlot B to the Judds for$2,000 X134 with the Judds to be responsible for associated fees. The Judds are requesting that the city 3 COUNCIL MINUTES November 23, 2009 APPROVED 35 convey the entire Outlot B parcel to them for$4,000 and that city be responsible for associated `—f36 fees. Mr. DeGardner remarked that if the city does in fact sell the property in question, he 137 recommends certain conditions explained in the report. The council approved first reading of 138 the ordinance on November 9, 2009. 139 140 Council Member Reinert moved to dispense with full reading of the ordinance. Council 141 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 142 143 Council Member Reinert moved to approve the first reading of Ordinance No. 13-09 as 144 presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice 145 vote. 146 147 COMMUNITY DEVELOPMENT REPORT,MICHAEL GROCHALA 148 149 6A. Legacy at Woods Edge PUD Amendment 150 151 i. Second Reading of Ordinance No. 11-09,Amending Ordinance 04-04 and 152 the Lino Lakes Town Center Design and Development Guide to allow 153 Assisted Living Facilities in certain land use categories within the Legacy at 154 Woods Edge project area 155 ii. Consider Resolution No. 09-94, Summary of Ordinance No. 11-09 for 156 Publication 57 -158 City Planner Bengtson reported that the Lino Lakes Town Center Design and Development 159 Guidelines cover the development of the area surrounding city hall. These guidelines did not 160 previously address assisted living facilities appropriately and staff has proposed language to 161 allow these types of facilities in certain areas with certain conditions. The council has 162 previously approved the first reading of this ordinance and staff is now recommending approval 163 of second reading and adoption as well as approval of a resolution authorizing summary 164 publication of the ordinance. 165 166 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 167 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 168 169 Council Member O'Donnell moved to approve the second reading and adoption of Ordinance 170 No. 11-09 as presented. Council Member Roeser seconded the motion. Motion carried; Yeas, 171 5;Nays none. 172 173 Council Member Reinert moved to approve Resolution No. 09-94 as presented. Council 174 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 175 176 6B. Lino Lakes Lodging LLC Contract Addendum- Consider Resolution No. 09-105, 177 Approving an Addendum to the Contract for Private Development between the 178 City of Lino Lakes and Lino Lakes Lodging, LLC 4 COUNCIL MINUTES November 23, 2009 APPROVED 79 Economic Development Coordinator Divine noted that earlier in the evening the Lino Lakes `-f80 Economic Development Authority(EDA) met and approved a similar resolution. In 2004 a 181 development contract was entered with Hartford Inc. that included provisions for a tax 182 increment district. As part of that larger development,the County Inn and Suites was 183 developed. A developer is now acquiring that facility in the hopes of converting it to an assisted 184 living and memory care center. The city has an interest in ensuring that the developer and any 185 successors continue to pay real estate taxes on assessed value per the original development 186 agreement. This addendum obligates the payment of those taxes. There will also be a 187 stipulation that if the property were to be sold to some type of non-profit,payments in lieu of 188 taxes would be required. 189 190 Council Member Gallup moved to approve Resolution No. 09-105 as presented. Council 191 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 192 193 6C. I-35E/CSAH 14 Interchange Project 194 195 i. Consider Resolution No. 09-102,Approving Joint Powers Agreement with City of 196 Hugo,Interchange Cost Participation 197 198 Community Development Director Grochala reported that the City of Hugo is offering financial 199 assistance to the interchange project in the amount of$100,000, offered in recognition of the benefit 200 of the project to the area. Staff is recommending acceptance of these funds. '01 -202 Council Member O'Donnell moved to approve Resolution No. 09-102 as presented. Council 203 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 204 205 ii. Consider Resolution No. 09-103,Ordering Preparation of Feasibility Study, 206 21st Avenue Realignment 207 208 Community Development Director Grochala reported that the existing configuration for 21st 209 Avenue includes the use of a median on 21St Avenue and Main Street. It is considered a 3/4 210 intersection that limits some movements. During the interchange design process and following 211 discussions with the area property owners, an alternative design was discussed and staff is 212 proposing that the council order a study on the feasibility of that new design. Since the 213 improvements would occur in a charter exempt zone, the process falls under the guidance of State 214 Statute 429; that process requires a 4/5 vote of the council to order this study. Funding for this 215 initial stage would be from MSA(Municipal State Aid) funds designated for project planning but 216 the funds could eventually be received through assessments if the project goes forward. It was 217 confirmed that the area businesses, and in particular the service station, are in support of a redesign 218 that will best serve the area. 219 220 Council Member Reinert moved to approve Resolution No. 09-103 as presented. Council 221 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 222 5 COUNCIL MINUTES November 23, 2009 APPROVED '23 6D. Consider Resolution No. 09-104, Approving Change Order No. 17, Lake Drive/35W –224 Interchange Improvement Project 225 226 Community Development Director Grochala reported that this project was awarded to Lunda 227 Construction in 2007. During the project, there was a delay for installation of a certain storm pipe 228 for drainage and since the work was temporarily suspended by MnDOT related to said installation, 229 the general contractor is entitled to costs resulting from the delay. Approval of a change order in 230 that amount is requested. 231 232 Council Member O'Donnell moved to approve Resolution No. 09-104 as presented. Council 233 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 234 235 6E. 2009 Street Maintenance Projects 236 237 i. Consider Resolution No. 09-99, Approving Payment Request No. 2R(Final) 238 and Compensating Change Order No. 1, 2009 Overlay Project. 239 240 City Engineer Studenski explained the change order request for the Final Overlay Project. He 241 showed a map indicating a correction to catch basin work that resulted in the change order. The 242 project has come in under the estimate and, with the change order, staff recommends final 243 payment be processed. 244 1.45 Council Member O'Donnell moved to approve Resolution No. 09-99 as presented. Council —246 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 247 248 ii. Consider Resolution No. 09-100, Approving Payment Request No. 2 (Final) and 249 Compensating Change Order No. 1, 2009 Sealcoat Project 250 251 City Engineer Studenski explained the change order request for the Sealcoat Project. He showed a 252 map indicating the area of the city that was seal coated. The project has come in under the estimate 253 and staff recommends final payment to the contractor to Allied Blacktop. 254 255 Council Member Roeser moved to approve Resolution No. 09-100 as presented. Council 256 Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 257 258 6F. Consider Resolution No. 09-101, Approving Change Order No. 1 and Payment 259 Request No. 1, 2009 Surface Water Management Project 260 261 City Engineer Studenski explained the change order cost that resulted from the addition of work to 262 the project. The contractor, Penn Contracting, Inc., has submitted their final bill and staff is 263 recommending that the council authorize final payment. 264 265 Council Member Reinert moved to approve Resolution No. 09-101 as presented. Council 266 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 267 6 COUNCIL MINUTES November 23, 2009 APPROVED '68 UNFINISHED BUSINESS `2.69 270 There was no unfinished business. 271 272 NEW BUSINESS 273 274 There was no new business. 275 276 ,A1,1 '_ 277 278 There being no further business, Mayor Bergeson moved to adjourn at 7:15 p.m. Council 279 Member O'Donnell seconded the motion. Motion carried. 280 281 These minutes were considered and approved at the regular City Council Meeting on December 282 14, 2009. 283 284 285 286 Julianne B ell, City C1 John Dion, ayor 287 288 Community Calendar—A Look Ahead 289 November 24, 2009 through December 14, 2009 290 .191 Thurs/Fri,November 26-27 Thanksgiving Holiday City Hall Closed 292 4. Thursday, December 3 7:00 am, Community Room EDAC 293 Thursday,December 3 7:00 pm, Police Workroom Charter Commission 294 4, Monday,December 7 5:30 pm, Community Room Council Work Session 295 Monday,December 7 6:30 pm, Council Chambers Park Board 296 4. Monday, December 14 6:30 pm, Council Chambers Council Meeting 297 7