HomeMy WebLinkAbout05/10/2004 Council MinutesAPPROVED
1 CITY OF LINO LAKES
• 2 MINUTES
3
4
5 DATE : May 10, 2004
6 TIME STARTED : 6:35 P.M.
7 TIME ENDED : 8:37 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz and
9 Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; Director of Administration, Dan Tesch;
13 City Clerk, Ann Blair; Community Development Director, Michael Grochala; City Engineer, Jim
14 Studenski; Environmental Coordinator, Marty Asleson; Police Chief, David J. Pecchia (part); and
15 City Attorney, William Hawkins.
16
17 OPEN MIKE
18
19 No one was present for open mike.
20
21 SETTING THE AGENDA
22
23 The agenda was approved as set.
24
•25 CONSENT AGENDA
26
27 Councilmember Dahl moved to approve the Consent Agenda, as submitted. Councilmember Carlson
28 seconded the motion.
29
30 Motion carried unanimously.
31
32 ITEM ACTION
33
34 A. CONSIDERATION OF EXPENDITURES:
35
36 i) May 10, 2004 (Check No. 70859 -
37 70962, $360,733.70) Approved
38
39 ii) Centennial Fire District (Check No. 14223 -
40 14245, $21,928.60) Approved
41
42 B. CONSIDER RESOLUTION NO. 04-63 APPROVING
43 RENEWAL OF PREMISES PERMIT -CHARITABLE
44 GAMBLING FOR CENTENNIAL FIRE AT MILLER'S
45 ON MAIN Approved
46
COUNCIL MINUTES MAY 10, 2004
APPROVED
•1 FINANCE DEPARTMENT REPORT, AL ROLEK
2
3 There was none.
4
5 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
6
7 A. Consideration of Hiring Paul Benston as Associate Planner
8
9 Director of Administration Tesch reported there were 35 applications, which were narrowed down to
10 three finalists. Two separate interviews were held with Community Development Director Grochala,
11 himself and members of the depai lment. It is the recommendation of staff to offer the position to
12 Paul Benston, who is currently an Associate Planner with the city of Las Vegas.
13
14 Councilmember Stoltz made a motion to approve the hiring of Paul Benston as Associate Planner.
15 Councilmember Dahl seconded the motion.
16
17 Motion carried unanimously.
18
19 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
20
21 A. Proclamation — Police Week 2004
22
23 Police Chief Pecchia introduced three reserve officers who had recently been promoted. Police Chief
•24 Pecchia requested the Council read and approve the Proclamation for Police Week of 2004.
25
26 Councilmember Dahl made a motion to approve the Proclamation. Councilmember Carlson
27 seconded the motion.
28
29 Motion carried unanimously.
30
31 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
32
33 There was none.
34
35 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA
36
37 A. Public Hearing, Consider FIRST READING of Ordinance 03-04, Vacating Drainage
38 and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook
39 Peninsula, Jim Studenski
40
41 Mayor Bergeson opened the public hearing at 6:40 p.m., and stated it is the recommendation of staff
42 that the public hearing be continued to the June 14, 2004 regular City Council meeting.
43
44 Councilmember Reinert moved to continue the public hearing to the June 14, 2004 regular City
45 Council meeting. Councilmember Stoltz seconded the motion.
46
ak 47 Motion carried unanimously.
11. 48
2
COUNCIL MINUTES MAY 10, 2004
APPROVED
•1 B. Public Hearing, Consider FIRST READING of Ordinance No. 07-04, Vacating Drainage
2 and Utility Easement, for property located at 125 Ash Street (Rice Creek Covenant
3 Church). Jim Studenski
4
5 Mayor Bergeson opened the public hearing at 6:42 p.m., and stated it is the recommendation of staff
6 that the public hearing be continued to the May 24, 2004 regular City Council Meeting.
7
8 Councilmember Carlson moved to continue the public hearing to the May 24, 2004 regular City
9 Council meeting. Councilmember Reinert seconded the motion.
10
11 Motion carried unanimously.
12
13 C. Public Hearing, Consider FIRST READING of Ordinance No. 08-04, Vacating Drainage
14 and Utility Easement, Outlot A, Highland Meadows East, Jeff Smyser
15
16 Mayor Bergeson opened the public hearing at 6:43 p.m. and stated it is the recommendation of staff
17 that the public hearing be continued to the May 24, 2004 regular City Council Meeting.
18
19 Councilmember Stoltz moved to continue the public hearing to the May 24, 2004 regular City
20 Council meeting. Councilmember Dahl seconded the motion.
21
22 Motion carried unanimously.
23
•24 D. Public Hearing, Consider FIRST READING of Ordinance No. 16-04, Amending
25 Ordinance No. 03-02 related to the "No Wake Zone" on Peltier Lake, Marty Asleson
26
27 Environmental Coordinator Asleson stated the ordinance is to regulate the surface use of motorized
28 watercraft on Peltier Lake, amending Ordinance 03-02 by repealing the Sunset Clause of Section 8.
29 He stated the purpose of the Sunset Clause was to allow time for professional evaluation of the
30 ordinance, and for the City of Lino Lakes to review changes to the status of biologic concerns that
31 were presented in the reasons for passing Ordinance 03-02.
32
33 Environmental Coordinator Asleson reported there are an estimated 350 pairs of Great Blue Herons
34 and at least 12 pairs of Great Egrets that have returned to the island in 2004. He stated that data
35 collected shows with a high degree of confidence that the nesting of the Great Blue Herons on Peltier
36 Island is accomplished if the estimated buffer needs of the birds are adhered to.
37
38 Environmental Coordinator Asleson stated that it is staff's recommendation that the language of, "It
39 shall be repealed automatically on September 1, 2004", from Section 8 of Ordinance 03-02 be
40 removed.
41
42 Mayor Bergeson circulated a copy of a letter in support of the Ordinance from the North American
43 Lake Management Society.
44
45 Mayor Bergeson opened the public hearing at 6:50 p.m.
46
•47 Wayne LeBlanc, 1677 Peltier Lake Drive, Centerville, addressed the Council in support of the
48 Ordinance, addressing water quality, vegetation, and sediment concerns. Mr. LeBlanc showed the
3
COUNCIL MINUTES MAY 10, 2004
APPROVED
1 Council pictures he had taken of coontail and other vegetation. Mr. LeBlanc also spoke about the
2 waterskiing courses that had been set up illegally. Mr. LeBlanc thanked the Council for the
3 protection that has been put into place.
4
5 Joan Galli, Wild Life Special with the Minnesota Department of Natural Resources addressed the
6 Council in support of the Ordinance, discussing impacts on water quality and protection for the birds.
7
8 Jeff Perry, National Resources Specialist for the Anoka County Parks, addressed the Council in
9 support of the Ordinance, discussing the positive impacts of the Ordinance on the Great Blue Herons.
10
11 Councilmember Reinert made a motion to continue the public hearing until the next City Council
12 meeting. Councilmember Dahl seconded the motion.
13
14 Motion carried unanimously.
15
16 Councilmember Carlson made a motion to approve the FIRST READING of Ordinance 16-04, an
17 ordinance regulating surface use of motorized watercraft on Peltier Lake, amending Ordinance No.
18 03-02 by repealing the Sunset Clause at Section 8. Councilmember Dahl seconded the motion.
19
20 The Council discussed the positive effects of the Ordinance.
21
22 Ron Marier, 1801 77th Street, Lino Lakes, a landowner on Peltier Lake, expressed his support of the
23 Ordinance and also the support of his neighbors for the Ordinance.
.24
25 Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted
26 yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea.
27
28 Motion carried unanimously.
29
30 E. Public Hearing, Consider FIRST READING of Ordinance No. 13-04, Vacating Public
31 Road Easement (adjacent to Karth Road), Jim Studenski
32
33 City Engineer Studenski stated the applicant at 1390 Karth Road is requesting vacation of the road
34 easement over the easterly 30' of his property, and that he is proposing to build a new house that
35 would affect the easterly 60 feet of the property. City Engineer Studenski explained there is a 30-
36 foot easement easement both on the applicant's parcel and on the west side of the adjacent parcel that
37 were created for the purpose of building a future road to connect to the City's Transportation Plan,
38 but that there are presently no plans to build the road.
39
40 City Engineer Studenski stated it is staff's recommendation to deny the vacation of the 30' road
41 easement at 1390 Karth Road with a resolution.
42
43 Mayor Bergeson opened the public hearing at 7:40 p.m.
44
45 Pat Faletti, the applicant, 1390 Karth Road, stated the building site is very limited and they are having
46 trouble platting their home on the property without encroaching on the easement. Mr. Faletti stated
•47 the area of the easement is very wet and wanted to know if the City was actually going to build a road
48 there.
4
COUNCIL MINUTES MAY 10, 2004
APPROVED
• 2 City Engineer Studenski stated the property owner to the south of the current applicant was denied a
3 request previously to expand their house to encroach on a similar easement on their property. He also
4 stated it is important to keep the road easement for future connection from Karth Road down to Holly
5 Drive. He stated there are no plans at the present time for road construction, but when the road is
6 constructed, it would be a standard 32 foot roadway.
7
8 Bill Cortow, 1400 Karth Road, stated he owns the property just to the east of 1390. Mr. Cortow
9 showed the Council a slide of the property and discussed the problem with water runoff and high
10 water in the area where a future road would be built and gave his support for vacating the easement.
11
12 Charles McKenna, 1370 Karth Road, discussed the negative impact that putting a road in that area
13 would have on the quality of life for the residents in the neighborhood.
14
15 Councilmember Reinert suggested the landowner continue to work with Staff on locating his future
16 home on the site.
17
18 Councilmember Stoltz stated he had empathy for the landowner, but that the easement has been there
19 and that by denying the vacation that doesn't mean they are approving the road.
20
21 Councilmember Reinert made a motion to adopt Resolution No. 04-65 to Deny Vacation of the Road
22 Easement at 1390 Karth Road. Councilmember Stoltz seconded the motion.
23
Ai 24 Councilmember Carlson stated she was supporting Staff's recommendation to deny the vacation of
glir 25 that road easement.
26
27 The motion carried unanimously.
28
29 Resolution No. 04-65 can be found in the City Clerk's office.
30
31 F. Consider FIRST READING of Ordinance No. 15-04, Authorizing Sale of Property,
32 Black Duck Lift Station Parcel, Michael Grochala
33
34 Community Development Director Grochala stated the 30' x 30' parcel is no longer needed by the
35 City because of the removal of the station and is not large enough to accommodate any future
36 development. He stated that Staff is requesting that the ownership of the parcel be transferred to the
37 abutting residential property, but would request that a 10 -foot drainage and utility easement over the
38 easterly 10 feet of that parcel remain with the City, consistent with the existing easements lying both
39 north and south of the property.
40
41 Community Development Director Grochala stated staff is recommending approval of Ordinance 15-
42 04, Authorizing the Conveyance of Property (Former Black Duck Lift Station Site) to the Owner of
43 the Property Legally Described as Lot 1, Block 1, Lakes Addition No. 6, for the price of one dollar.
44
45 Councilmember Reinert made a motion to approve FIRST READING of Ordinance No. 15-04,
46 Authorizing the Sale of the Black Duck Property. Councilmember Dahl seconded the Motion.
47
5
•
•
•
COUNCIL MINUTES MAY 10, 2004
APPROVED
1 Councilmember Reinert voted yea. Councilmember Dahl voted yea. Councilmember Carlson voted
2 yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea.
3
4 The motion carried unanimously.
5
6 G. Consideration of Resolution No. 04-59, Accepting Bids and Awarding Contract, 2004
7 Street Wear Course Project, Jim Studenski
8
9 City Engineer Studenski stated the low bidder is Northwest Asphault at $67,725, and requested the
10 Council to approve the resolution awarding them the contract.
11
12 Councilmember Stoltz made a motion to adopt Resolution 04-59, Accepting the Bids and Awarding
13 the Contract to Northwest Asphault in the amount of $67,725. Councilmember Dahl seconded the
14 motion.
15
16 The motion carried unanimously.
17
18 Resolution No. 04-59 can be found in the City Clerk's office.
19
20 H. Consideration of Resolution No. 04-60, Accepting Bids and Awarding Contract, 2004
21 Street Seal Coat Project, Jim Studenski
22
23 City Engineer Studenski stated the low bidder is Allied Blacktop at $63,163.80, and requested the
24 Council to approve the resolution awarding them the contract.
25
26 Councilmember Stoltz made a motion to adopt Resolution No. 04-60, accepting bids and awarding
27 the contract to Allied Blacktop for $63,163.80. Councilmember Dahl seconded the motion.
28
29 The motion carried unanimously.
30
31 Resolution No. 04-60 can be found in the City Clerk's office.
32
33 I. Consideration of Resolution 04-61, Approving Plans and Specifications and Authorizing
34 Advertisement for Bids, Hodgson/Birch Improvement Project, Jim Studenski
35
36 City Engineer Studenski stated the plans and specifications for the Hodgson/Birch Improvement
37 project were ordered by the City Council, and that preparation of the plans is substantially complete,
38 including reviews by the Rice Creek Watershed District and Anoka County. He stated what they will
39 be doing is basically adding to the east side of Hodgson Road, to the south side of Birch Street, with
40 some improvements to the north, and realigning the road to match up with the northerly portion. He
41 stated they would be putting in a right turn lane going northerly, and that from the south there will be
42 a left turn.
43
44 City Engineer Studenski showed the Council a map of the project and explained the additions to the
45 road and a trail system.
46
COUNCIL MINUTES MAY 10, 2004
APPROVED
1 City Engineer Studenski stated the proposed bid opening date is June 3rd, and that they would bring it
2 back to the City Council on June 14th. He stated construction would be substantially completed this
3 year.
4
5 City Engineer Studenski stated the cost of the project is $650,000, and also $50,000 for constructing
6 the trail by City Parks.
7
8 City Engineer Studenski stated it was staff's recommendation that the Council approve the plans and
9 specifications and authorize advertisement for bids.
10
11 The Council discussed the layout of the road.
12
13 Councilmember Reinert made a motion to adopt Resolution No. 04-61, Approving Plans and
14 Specifications and Authorizing Advertisement for Bids for the Hodgson/Birch Improvement Project.
15 Councilmember Dahl seconded the motion.
16
17 The motion carried unanimously.
18
19 Resolution No. 04-61 can be found in the City Clerk's office.
20
21 J. Consideration of Resolution No. 04-62, Authorizing Acquisition of Right -of -Way
22 Easements, 62°d Street Reconstruction Project, Jim Studenski
23
24 City Engineer Jim Studenski stated they are in the process of obtaining additional acquisitions for
• 25 easements in right-of-way areas for the project. He stated that City Staff is working with Wilson
26 Development for those acquisitions. He stated there was a list in the back of the Council room that
27 lists all the parcels the City will be acquiring and the dollar amounts for those.
28
29 City Engineer Studenski stated it was Staff's recommendation to adopt Resolution 04-62, authorizing
30 $99,625 for the acquisitions.
31
32 Councilmember Reinert made a motion to adopt Resolution No. 04-62, Authorizing Acquisition of
33 Right -of -Way Easements for the 62nd Street Reconstruction Project. Councilmember Dahl seconded
34 the motion.
35
36 Motion carried unanimously.
37
38 Resolution No. 04-62 can be found in the City Clerk's office.
39
40 UNFINISHED BUSINESS
41
42 A) Approval of minutes of April 7, 2004 Council Work Session (previously handed out).
43 B) Approval of minutes of April 8, 2004 Joint Meeting with Charter Commission (previously
44 handed out)
45 C) Approval of minutes of April 12, 2004 City Council Meeting (previously handed out).
46
47 No action taken.
up48
7
COUNCIL MINUTES MAY 10, 2004
APPROVED
1 NEW BUSINESS
• 2
3 A) Approval of minutes of April 21, 2004 Council Work Session.
4
5 Councilmember Carlson made a correction to page 8, line 35 through 37, taking out the words "a
6 citizen's plan," and changing it to, "a citizen's comprehensive plan."
7
8 Councilmember Dahl made a motion to approve the April 21, 2004 Council Work Session Minutes as
9 amended. Councilmember Carlson seconded the motion.
10
11 The motion carried unanimously.
12
13 COMMUNITY CALENDAR MAY 11, 2004 THROUGH MAY 24, 2004:
14
15 A) Wednesday, May 12, 2004, 5:30 p.m., Planning & Zoning Board Meeting
16 B) Wednesday, May 19, 2004, 5:30 p.m., Council Work Session
17
18 C) Thursday, May 20, 2004, Tri -City Coalition Meeting, Hugo City Hall.
19
20 D) Saturday, May 22, 2004, 8:30 a.m., City Council Team Building/Goal Setting
21 Session
22
23 E) Monday, May 24, 2004, 6:30 p.m., City Council Meeting
24
25 F) Wednesday, June 2, City Council and EDAC Workshop on Tax Increment
26 Financing, Community Room.
27
28 ADJOURN
29
30 There being no further business, Councilmember Dahl moved to adjourn at 8:37 p.m. Councilmember
31 Stoltz seconded the motion.
32
33 Motion carried unanimously.
34
35 These minutes were considered and approved at the regular Council Meeting, June 14, 2004.
36
37 f�
38 h'��
39 Ann Blair, ity Clerk
40
41 Transcribed by:
42 Sheree L. Theobald
43 TimeSaver Off Site Secretarial, Inc.
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