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HomeMy WebLinkAbout08/09/2004 Council Minutes (2)APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : August 9, 2004 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 7:28 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz and 9 Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Clerk, Ann Blair; Community Development Director, Michael 13 Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; Police Chief, David Pecchia and 14 City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 There was no one present who wished to address the Council during the Open Mike portion of the 19 meeting. 20 21 SETTING THE AGENDA 22 23 Mayor Bergeson noted that item 3A, Consider Appointment of Planning and Zoning Board Member, Ak 24 was removed from the agenda and would be considered at the next regular City Council meeting on W25 August 23, 2004. The remainder of the agenda was approved as presented. 26 27 CONSENT AGENDA 28 29 Councilmember Dahl moved to approve Consent Agenda as submitted. Councilmember Carlson 30 seconded the motion. 31 32 Motion carried unanimously. 33 34 ITEM ACTION 35 36 A. CONSIDERATION OF EXPENDITURES: 37 38 i) August 9, 2004 (Check No. 71579 - 39 71683, $344,198.48). Approved 40 41 ii) Centennial Fire District (Check No. 14376 - 42 14389, $4,913.15). Approved 43 44 B. CONSIDER APPROVING ELECTION JUDGE LIST FOR PRIMARY AND 45 GENERAL ELECTION Approved 46 �47 C. CONSIDER APPROVAL OF BLOCK PARTY ON WILD FLOWER DRIVE 48 Approved COUNCIL MINUTES AUGUST 9, 2004 APPROVED .49 50 51 D. CONSIDER APPROVAL OF RESOLUTION NO. 04-112, APPROVING SPECIAL 52 EVENT PERMIT, CABARET LICENSE AND TEMPORARY 3.2 PERCENT MALT 53 LIQUOR (BEER) LICENSE FOR SANDBURR DAYS 54 Approved 55 56 Resolution No. 04-112 can be found in the City Clerk's office. 57 58 E. CONSIDER APPROVAL OF RESOLUTION NO. 04-117, APPLICATION TO 59 CONDUCT OFF-SITE GAMBLING AND TEMPORARY ON -SALE LIQUOR 60 LICENSE FOR LINO LAKES LIONS CLUB Approved 61 62 Resolution No. 04-117 can be found in the City Clerk's office. 63 64 FINANCE DEPARTMENT REPORT, AL ROLEK 65 66 There was none. 67 68 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 69 70 A. Consider Appointment of Planning and Zoning Board Member 71 S 72 This item was removed from the Council agenda and will be considered at the next regular Council 73 meeting on August 23, 2004. 74 75 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 76 77 A. Consider Resolution No. 04-118, Accepting Donation from Lions Club for Tasers and 78 Child Car Seats 79 80 Police Chief Dave Pecchia summarized the Staff report, indicating Staff recommends approval. 81 82 Councilmember Reinert moved to adopt Resolution No. 04-118, Accepting Donation from the Lions 83 Club for tasers and child care seats as recommended by Staff. Councilmember Dahl seconded the 84 motion. 85 86 Motion carried unanimously. 87 88 Resolution No. 04-118 can be found in the City Clerk's office. 89 90 Police Chief Pecchia reported on National Night Out, indicating it was the largest such event so far in 91 the City and was well -attended. 92 93 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 94 dik 95 There was none. 96 2 COUNCIL MINUTES AUGUST 9, 2004 APPROVED 97 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA S98 99 A. Consideration of Resolution No. 04-115, Authorizing Acquisition of Tax Forfeit 100 Property for Public Purposes, Mary Divine 101 102 Community Development Director Grochala summarized the Staff report, indicating Staff 103 recommends approval. He stated the parcel was being acquired for the public purpose of constructing 104 a well, and this would fit in with this area. 105 106 Councilmember Stoltz moved to adopt Resolution No. 04-115, authorizing acquisition of Tax Forfeit 107 Property for Public Purposes as recommended by Staff. Councilmember Reinert seconded the 108 motion. 109 110 Councilmember Carlson stated this was a good opportunity to move the well construction out of 111 Birch Park, but felt it was still important to try to integrate the well construction with the surrounding 112 area, through architecture and screening. Community Development Director Grochala agreed, noting 113 the recommended action was for parcel acquisition only, and plans would be brought back to the 114 Council in the future. 115 116 Motion carried unanimously. 117 118 Resolution No. 04-115 can be found in the City Clerk's office. 119 *120 B. Highland Meadows East 2°d Addition, Jeff Smyser 21 122 i. Consider 2' Reading of Ordinance No. 10-04, Rezoning Certain Real 123 Estate from R-1, Single Family Residence to R-3, Medium Density 124 Residential 125 126 City Planner Smyser summarized the Staff report, indicating Staff recommends adoption on second 127 reading of Ordinance No. 10-04. 128 129 Councilmember Dahl moved to adopt on second reading Ordinance No. 10-04, rezoning certain real 130 estate from R-1, single family residential to R-3, medium density residential, as recommended by 131 Staff. Councilmember Stoltz seconded the motion. 132 133 Upon roll call vote, the motion carried unanimously. 134 135 Ordinance No. 10-04 can be found in the City Clerk's office. 136 137 ii. Consider 2nd Reading of Ordinance No. 08-04, Vacating Drainage and 138 Utility Easement, Outlot A, Highland Meadows East 139 140 City Planner Smyser indicated Staff was recommending this item be tabled until after final plat 141 approval, which would be next year. 142 • 143 Councilmember Dahl moved to table this item until final plat approval as recommended by Staff. 144 Councilmember Stoltz seconded the motion 3 COUNCIL MINUTES AUGUST 9, 2004 APPROVED iik145 146 Motion carried unanimously. 147 148 C. Item 6C, West Shadow Ponds 2°d Addition, had been previously removed from the 149 Council Agenda. 150 151 No action was taken on this item. This item will be considered on a future Council agenda. 152 153 D. Public Hearing, Consider 1st Reading of Ordinance 03-04, Vacating Drainage and 154 Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook 155 Peninsula, Jim Studenski 156 157 City Engineer Studenski summarized the Staff report, indicating Staff recommends continuing the 158 public hearing to the August 23, 2004 City Council meeting. 159 160 Councilmember Dahl moved to continue the public hearing on this item to the August 23, 2004 161 regular Council meeting as recommended by Staff. Councilmember Carlson seconded the motion. 162 163 Motion carried unanimously. 164 165 This item will be considered at the August 23, 2004 City Council meeting. 166 167 E. Public Hearing, Consideration of Resolution No. 04-116, Negative Declaration on the • 168 Need for an Environmental Impact Statement (EIS), Pheasant Hills 12th Addition, 169 Jeff Smyser 170 171 City Planner Smyser summarized the Staff report, indicating Staff recommends approval of 172 Resolution No. 04-116, which makes a negative declaration on the need for an Environmental Impact 173 Statement (EIS). He stated that a public hearing was not required by law. He also stated the action 174 recommended was not a decision on the merits of the plan itself, but merely on the need for an 175 Environmental Impact Statement (EIS) pertaining to the plan. 176 177 Councilmember Carlson inquired as to whether "fill" would be used in the plan, referring to the 178 Record of Decision. City Planner Smyser responded that dirt, or fill, would be brought onto the 179 island to raise the elevation of the road and the house pads, but there was no wetland fill in the plan. 180 Once the new bridge design was available, and location of abutments were known, adjustments might 181 be made, but there was no reason at this time to anticipate any wetland fill. 182 183 Mayor Bergeson opened the public hearing on this item at 7:00 p.m. There were two residents in 184 attendance who wished to speak, and the Council heard their testimony. 185 186 Jeff Shopek of Loucks and Associates, the civil engineer on the project, spoke to express support of 187 the Staff recommendation. Applicant Ed Vaughan was available to answer questions. 188 189 Kari Bornhoft, 6679 Ruffed Grouse Road, indicated the bridge was proposed to be at the end of her 190 street. She felt that requesting an EIS would allow more opportunity to consider moving the bridge 191 elsewhere, or to a different street. Therefore, she was requesting the EIS. She stated when her home 192 was built, they were not aware the development of this type on the island was a possibility, and she 4 COUNCIL MINUTES AUGUST 9, 2004 APPROVED 193 preferred the land to remain as it was for the animals in the area. She felt it was unfortunate it was 194 being developed. She also had questions about the pedestrian access in this area. 195 196 There was no one else present who wished to speak. 197 198 Councilmember Reinert moved to close the public hearing on this matter at 7:05 p.m. 199 Councilmember Stoltz seconded the motion. Motion carried unanimously. 200 201 Mayor Bergeson noted two points had been raised, regarding the location of the bridge, and also 202 pedestrian access, and asked Staff to respond. City Planner Smyser indicated the applicant had 203 proposed the bridge location at the place where it would have the least impact, and require the 204 shortest bridge. Staff concurred. As to pedestrian access, this was to be a private development and a 205 private bridge. It was not accessible to the general public unless the residents chose to make it that 206 way in the future, but this was not a condition the City was imposing. 207 208 Councilmember Reinert moved to adopt Resolution No. 04-116, approving the negative declaration 209 on the need for an Environmental Impact Statement (EIS) for Pheasant Hills 12th Addition, as 210 recommended by Staff. Councilmember Carlson seconded the motion. 211 212 Mayor Bergeson reiterated that any action of the Council was not a decision on the project, but rather 213 on the need for an EIS. 214 215 Motion carried unanimously. 0216 217 Resolution No. 04-116 can be found in the City Clerk's office. 218 219 F. Consideration of Resolution No. 04-113, Accepting Bids and Awarding Contract, 220 Birch/Hodgson Improvement Project, Jim Studenksi 221 222 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. He 223 noted that the first set of bids came in too high, and therefore the plans were re -worked. 224 225 Councilmember Carlson inquired as to how the plans differed physically from the first plans, and City 226 Engineer Studenski responded that a different subgrade was proposed, and that there was less removal 227 and replacement contained in the subsequent plan. Most steps were the same, though. 228 229 Regarding trails, City Engineer Studenski explained that the trails included with this piece of the 230 larger plan included those on the north and side south of Birch, and the east side of Hodgson, from 231 Birch Street to Miller's Crossroads. Councilmember Carlson inquired about the neighbors on the 232 west side of Hodgson, and City Engineer Studenski explained that portion was not included at this 233 point in time, but Anoka County was working on this to be included in future stages. 234 235 Councilmember Dahl moved to adopt Resolution No. 04-113, accepting bids and awarding contract, 236 Birch / Hodgson Improvement Project, as recommended by Staff. Councilmember Stoltz seconded 237 the motion. Ak 238 lip 239 Motion carried unanimously. 5 COUNCIL MINUTES AUGUST 9, 2004 APPROVED 40 •41 Resolution No. 04-113 can be found in the City Clerk's office. 242 243 G. Consideration of Resolution No. 04-114, Approving Plans and Specifications and 244 Authorizing Advertisement for Bids, 2004 Surface Water Management Project, Jim 245 Studenski 246 247 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 248 249 Councilmember Dahl moved to adopt Resolution No. 04-114, adopting Resolution No. 04-114, 250 approving plans and specifications and authorizing advertisement for bids, 2004 Surface Water 251 Management Project, as recommended by Staff. Councilmember Reinert seconded the motion. 252 253 Motion carried unanimously. 254 255 Resolution No. 04-114 can be found in the City Clerk's office. 256 257 UNFINISHED BUSINESS 258 259 A) Approval of minutes of June 9, 2004 Council Work Session 260 261 B) Approval of minutes of June 14, 2004 City Council Meeting 262 Aihi263 C) Approval of minutes of March 25-27, 2004 Council Teambuilding Workshop 64 265 D) Approval of minutes of May 22, 2004 Council Goal Setting Workshop 266 267 Councilmember Dahl requested two sets of minutes, March 25-27 and May 22, 2004 be pulled from 268 the agenda to allow more time to review. Councilmember Carlson concurred, asking that these be 269 sent back to work session. 270 271 Councilmember Dahl noted two changes to the June 14, 2004 minutes. Page 5, Line 204 was 272 amended to say "Charter Commission" instead of "committee." Page 8, Line 376, was amended to 273 delete "hopes staff understands" and insert "knows Mary Divine understands." 274 275 Councilmember Carlson also noted a change to the June 14 minutes on Page 3, Line 141 indicating 276 where the phrase "street reconstruction" was used, the proper phrase was "Local Government Aids 277 (LGAs)." 278 279 Motion by Councilmember Dahl, seconded by Councilmember Carlson, approving the June 9, 2004 280 Council Work Session minutes as printed, and the June 14, 2004 Council minutes as amended. The 281 motion passed unanimously. 282 283 284 NEW BUSINESS 285 • 286 A) Approval of minutes of July 21, 2004 Council Work Session 287 COUNCIL MINUTES AUGUST 9, 2004 APPROVED 288 Councilmember Carlson noted two changes to this set of minutes. Page 2, Line 28 and also at Line W89 32, it should read "Council" instead of "County." Also, at Lines 32-33, following the line beginning 290 "it was the consensus " she felt there was a point expressed by more than one Councilmember 291 and requested the insertion of "Council also did express concern for the existing businesses." Mayor 292 Bergeson agreed. 293 294 Motion by Councilmember Carlson, seconded by Councilmember Dahl, approving the minutes of the 295 July 21, 2004 Council Work Session as amended. The motion passed unanimously. 296 297 COMMUNITY CALENDAR 298 299 Mayor Bergeson noted the addition of Blue Heron Days to the community calendar. 300 301 Community Calendar, August 10, 2004 through August 23, 2004: 302 303 A) Special Council Work Session Meeting, Wednesday, August 11, 2004, 304 5:30 p.m., Council Work Room 305 306 B) Planning & Zoning Board Meeting, Wednesday, August 11, 2004, 6:30pm 307 308 C) Safety Camp — August 12 309 310 D) Council Work Session, Wednesday, August 18, 2004, 6:30 p.m. 311 •312 E) August 20-21, 2004 — Blue Heron Days 313 i. Friday, August 20 — street dance at Miller's on Main 314 ii. Saturday, August 21— 5k run, Chili Dog Mile, parade, car show, 315 bike rodeo, fire safety demonstrations 316 317 F) City Council Meeting, Monday, August 23, 2004, 6:30 p.m. 318 319 ADJOURN 320 321 There being no further business, Councilmember Dahl moved to adjourn at 7:28 p.m. Councilmember 322 Stoltz seconded the motion. 323 324 Motion carried unanimously. 325 326 These minutes were considered and approved at the regular Council Meeting, September 13, 2004. 327 328 („_2 329 6,4°'1-7-n 330 tit__ • 331 Ann Blai City Clerk John ergeson, Mayor 332 333 Transcribed by: 334 Ann Blair •335 City Clerk