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HomeMy WebLinkAbout08/23/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES . 2 MINUTES 3 4 5 DATE : August 23, 2004 6 TIME STARTED : 6:46 P.M. 7 TIME ENDED : 7:56 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; City Clerk, Ann Blair; Community 13 Development Director, Michael Grochala; City Engineer, Jim Studenski; Director of Administration, 14 Dan Tesch; and City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 Mayor Bergeson noted that prior to this City Council meeting the Council met for the six-month 19 performance appraisal for the City Administrator. He indicated the Council found his performance 20 has been satisfactory, and the he, along with the Council, will continue to work on the continuous 21 improvement of the performance of the City Administrator and the City as a whole. 22 23 SETTING THE AGENDA .24 25 Councilmember Dahl requested that Item 1D and 1 E be removed from the consent agenda and 26 discussed at a work session. She noted she also has an item for the Community Calendar at the time 27 that is read. 28 29 It was discussed whether a formal action should be taken concerning the results of the City 30 Administrator's six month review. The City Attorney opined that the meeting held for that discussion 31 was a special City Council meeting, closed to the public, and a reading of the summary satisfies the 32 requirements of the law. 33 34 The agenda was approved as presented. 35 36 CONSENT AGENDA 37 38 Councilmember Stoltz moved to approve the Consent Agenda as amended. Councilmember Dahl 39 seconded the motion. 40 41 Motion carried unanimously. 42 43 ITEM ACTION 44 45 A. CONSIDERATION OF EXPENDITURES: 46 •47 i) August 23, 2004 (Check No. 71684 — 48 71816, $390,412.78). Approved COUNCIL MINUTES August 23, 2004 APPROVED 49 • 50 ii) Centennial Fire District (Check No. 14390 - 51 14413, $14,013.41). Approved 52 53 B. CONSIDERATION OF APPROVAL OF APPLICATION 54 FOR EXEMPT PERMIT, LOCAL UNION 55 PACE 7-0264 Approved 56 57 C. CONSIDERATION OF APPROVAL OF BLOCK 58 PARTY ON STELLA LANE Approved 59 60 D. APPROVAL OF MINUTES OF MARCH 25-27, 2004 61 COUNCIL TEAMBUILDING WORKSHOP Removed 62 63 E. APPROVAL OF MINUTES OF MAY 22, 2004 64 COUNCIL GOAL SETTING WORKSHOP Removed 65 66 67 FINANCE DEPARTMENT REPORT, AL ROLEK 68 69 There was none. 70 71 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH .72 73 A. Consideration of Approval of Resolution No. 04-123, Issuing On -Sale Liquor License 74 and Sunday License for new steakhouse restaurant to be located at 566 Lilac Street - 75 "Red Oak Steaks and Wine", Ann Blair 76 77 City Clerk Blair summarized the Staff report, indicating Staff recommends approval. 78 79 Councilmember Reinert moved to adopt Resolution No. 04-123 approving issuance of a new On -Sale 80 Liquor License for new Steakhouse Restaurant, "Red Oak Steaks and Wine" at 566 Lilac Street. 81 Councilmember Dahl seconded the motion. 82 83 Tom Wilzbacher indicated he and his wife are very excited about coming to this community, and 84 stated they hope to be open by mid-November. He showed pictures of the building and the proposed 85 changes to the storefront. 86 87 Motion carried unanimously. 88 89 Resolution No. 04-123 can be found in the City Clerk's office. 90 91 B. Consider Appointment of Planning and Zoning Board Member, Dan Tesch 92 93 Director of Administration Tesch summarized the Staff report, noting the position is for a partial term 94 which expires December 31, 2004. 41195 2 COUNCIL MINUTES August 23, 2004 APPROVED 96 It was clarified that the position, which will be filled by Perry Laden, will not be the position of chair, • 97 which was vacated by the resignation of Board Member James Schaps. 98 99 Councilmember Stoltz moved to approve the appointment of Perry Laden to the Planning and Zoning 100 Board for a term that expires December 31, 2004. Councilmember Carlson seconded the motion. 101 102 Motion carried unanimously. 103 104 C. Consideration of Conditional Offer of Employment to Police Officer Candidate, Dan 105 Tesch 106 107 Director of Administration Tesch summarized the Staff report, noting Staff recommends the offer of 108 employment for Christopher Bragelman. 109 110 Councilmember Carlson moved to approve the request to hire Christopher Bragelman to the position 111 of Police Officer, conditioned on the successful completion of the background investigation, medical 112 and psychological exams. Councilmember Dahl seconded the motion. 113 114 Motion carried unanimously. 115 116 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 117 118 There was none. 19 20 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 121 122 There was none. 123 124 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 125 126 A. Consideration of FIRST READING of Ordinance No. 03-04, Vacating Drainage and 127 Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, 128 Jim Studenski 129 130 Councilmember Dahl moved to continue the public hearing for the FIRST READING of Ordinance 131 No. 03-04 to the September 13, 2004 City Council Meeting. Councilmember Reinert seconded the 132 motion. 133 134 Motion carried unanimously. 135 136 B. Consideration of FIRST READING of Ordinance No. 21-04, Authorizing Sale of 137 Property to Fairview Health Services, Mary Divine 138 139 Councilmember Carlson noted she would abstain from the discussion and remove herself from the 140 room during the vote on this topic. She stated she has no financial ties but has served on the Board 141 for Fairview Lakes since 1995. 0142 3 COUNCIL MINUTES August 23, 2004 APPROVED 143 Community Development Director Grochala presented the Staff report, indicating Staff recommends 044 approval. 145 146 Councilmember Dahl confirmed that the price of $4.50 per square foot at which this was sold is the 147 same price the City sold for the Village property. Community Development Director Grochala 148 indicated that was correct. 149 150 Councilmember Reinert moved to approve the FIRST READING of Ordinance No. 21-04 authorizing 151 the sale of property to Fairview Health Services as outlined in the Staff report. Councilmember Dahl 152 seconded the motion. 153 154 Vote: Councilmember Reinert voted yea. Councilmember Dahl voted yea. Councilmember Stoltz 155 voted yea. Mayor Bergeson voted yea. Motion carried. Councilmember Carlson declined to vote. 156 157 C. Consideration of Resolution No. 04-121, Approving Final Plat, Crystal Cove, Jeff 158 Smyser 159 160 Community Development Director Grochala summarized the Staff report, indicating Staff 161 recommends approval of this resolution. 162 163 Councilmember Stoltz moved to adopt Resolution No. 04-121 approving Final Plat for Crystal Cove. 164 Councilmember Dahl seconded the motion. 165 66 Motion carried unanimously. W67 168 Resolution No. 04-121 can be found in the City Clerk's office. 169 170 D. Consideration of Resolution No. 04-122, Approving Final Plat, Marshan Estates, 171 Michael Grochala 172 173 Community Development Director Grochala presented the Staff report, indicating Staff recommends 174 approval. 175 176 Councilmember Carlson moved to adopt Resolution No. 04-122 approving Final Plat for Marshan 177 Estates. Councilmember Stoltz seconded the motion. 178 179 Motion carried unanimously. 180 181 Resolution No. 04-122 can be found in the City Clerk's office. 182 183 E. Consideration of Resolution No. 04-119, Approving Acquisition of Right -of - 184 Way/Easements, 62°' Street Reconstruction Project, Jim Studenski 185 186 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 187 188 Upon request of Councilmember Carlson, City Attorney Hawkins explained the definition of a AK89 prescriptive easement. He indicated the City has sent letters to those homeowners with prescriptive 90 easements, citing the City's position. 4 COUNCIL MINUTES August 23, 2004 APPROVED 191 092 Councilmember Carlson expressed concern that some of the homeowners were not being 193 compensated for their land. She indicated she was not aware this had been the City's practice until 194 now. 195 196 Councilmember Dahl also expressed concern, and questioned why some of the homeowners were 197 paid and some were not. 198 199 City Engineer Studenski explained that some parcels did not have a full 33 feet of right-of-way, and 200 the City is attempting to correct that. He noted each of the homeowners was paid $100 for their 201 inconvenience of going through the process, and some homeowners were paid for tree moving or 202 replacement. 203 204 Community Development Director Grochala added that some others showing a higher dollar amount 205 on the spreadsheet were paid for right-of-way or easement outside of the base 66feet. 206 207 Staff noted that the City has been consistent all across 62nd Street with handling right-of-way 208 acquisition, and this is also consistent with how other roadways have been handled. 209 210 Councilmember Stoltz moved to adopt Resolution No. 04-94 approving a Preliminary Plat and the 211 allocation of 1.37 acres of MUSA Reserve for Junes Addition. Councilmember Dahl seconded the 212 motion. 213 14 City Attorney Hawkins expressed that the law states that a city can take right-of-way on any area 15 where the City has maintained the land for at least six years. He stated it does not make sense for the 216 City to pay for something that has already been deemed to be theirs. 217 218 Councilmember Reinert moved to adopt Resolution No. 04-119, Approving Acquisition of Right -of - 219 Way/Easements, 62' Street Reconstruction Project. Councilmember Stoltz seconded the motion. 220 221 Marvin Emly, 590 62nd Street, expressed concern about the City's claim they have maintained that 222 property. He stated the City Engineers did not even know that a culvert existed under 62' Street until 223 they hit it with a backhoe, even though he had asked them to clean it on several occasions. 224 225 Richard Williams, 498 62nd Street, stated he also had concerns with the City's claim that they 226 maintained 33 feet. He noted he and his wife planted 57 trees well within the 16 -foot easement the 227 City did have and the City has now removed all of them. 228 229 Melvin Rehbein, 505 6211d Street, stated the City has never set foot on the other 16 -feet they are 230 claiming they maintained. 231 232 City Attorney Hawkins indicated the question of whether the City has maintained this area is a factual 233 question, and Public Works should have records of the work done out there. He stated the City has 234 filed a petition to the District Court on the properties with prescriptive easement concerns and those 235 owners will have opportunity at the hearing to present information they have on whether the City did 236 or did not maintain the property. He advised the court appoints three neutral persons to view the 037 property, take statements and make a recommendation on how much, if any, compensation the owner 5 COUNCIL MINUTES August 23, 2004 APPROVED 238 should receive. He stated because the City is in litigation, further discussion on these properties 1.39 should be held during a closed session. 240 241 Community Development Director Grochala reminded the Council the only action they are taking 242 tonight is the addition of two properties that have settled, so the issues raised are not pertinent to this 243 vote. 244 245 It was noted the resolution references all of the parcels and should be clarified to specify only the 246 additional two parcels that have settled. 247 248 Councilmember Reinert agreed to amend the motion to change the wording of Item 1 on Resolution 249 No. 04-119 to say "Approves the payment of acquisition of right-of-way/easements as it pertains to 250 the Walls and Weisner properties as detailed in the Staff report." Councilmember Stoltz reaffirmed 251 his second to the motion. 252 253 Motion carried unanimously. 254 255 Resolution No. 04-119 can be found in the City Clerk's office. 256 257 F. Consideration of Resolution No. 04-120, Approving Final Payment No. 3 and Change 258 Order No. 2, Twilight Acres Watermain Improvements, Jim Studenski 259 260 City Engineer Studenski presented the Staff report, indicating Staff recommends approval. "61 62 Councilmember Dahl moved to adopt Resolution No. 04-120 approving Final Payment No. 3 and 263 Change Order No. 2 for Twilight Acres Watermain Improvements. Councilmember Carlson 264 seconded the motion. 265 266 Motion carried unanimously. 267 268 Resolution No. 04-120 can be found in the City Clerk's office. 269 270 UNFINISHED BUSINESS 271 272 There was none. 273 274 NEW BUSINESS 275 276 There was none. 277 278 COMMUNITY CALENDAR August 24 THROUGH September 13, 2004: 279 280 A) Wednesday, August 25, 2004, 6:30 p.m., Environmental Board Meeting 281 282 B) Thursday, September 2, 2004, 7:00 a.m., EDAC Meeting 283 .84 C) Monday, September 6, 2004, Labor Day, City Hall Closed 85 6 COUNCIL MINUTES August 23, 2004 APPROVED 286 D) Tuesday, September 7, 2004, 6:30 p.m., Park Board Meeting 1p87 288 E) Wednesday, September 8, 2004, 5:30 p.m., Council Work Session 289 F) Wednesday, September 8, 2004, 6:30 p.m., Planning and Zoning Board Meeting 290 291 G) Monday, September 13, 2004, 6:30 p.m., City Council Meeting 292 Councilmember Dahl noted that Councilmember Reinert would be celebrating his birthday this 293 month, and expressed her good wishes. 294 295 ADJOURN 296 297 There being no further business, Councilmember Stoltz moved to adjourn at 7:56 p.m. 298 Councilmember Reinert seconded the motion. 299 300 Motion carried unanimously. 301 302 These minutes were considered and approved at the regular Council Meeting, September 27, 2004. 303 304 305 306 . 07 Ann Blair, Clerk John B: geson, ayo 08 ()ity JJ 309 Transcribed by: 310 Karen Bucklen 311 TimeSaver Off Site Secretarial, Inc. 312 • 7