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HomeMy WebLinkAbout11/08/2004 Council MinutesAPPROVED •1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : November 8, 2004 6 TIME STARTED : 6:30 P.M. 7 TIME ENDED : 7:48 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; Public Services Director, 14 Rick DeGardner (part); and City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 Councilmember Carlson asked to remove items 1F, and 1G for separate consideration. Mayor 23 Bergeson noted those would be heard under Unfinished Business. •24 25 The agenda was approved as amended. 26 27 CONSENT AGENDA 28 29 Councilmember Carlson moved to approve the Consent Agenda as amended. Councilmember Stoltz 30 seconded the motion. 31 32 Motion carried unanimously. 33 34 ITEM ACTION 35 36 A. CONSIDERATION OF EXPENDITURES: 37 38 i) November 8, 2004 (Check No. 72355 — 39 72453, $501,056.65). Approved 40 41 ii) Centennial Fire District (Check No. 14492 — 42 14508, $5,002.31). Approved 43 44 B. CONSIDERATION OF RESOLUTION 04-166 45 AUTHORIZING THE CERTIFICATION OF 46 DELINQUENT WATER AND SEWER UTILITY 047 CHARGES FOR COLLECTION WITH 2004 48 PROPERTY TAXES PAYABLE IN 2005 Approved COUNCIL MINUTES NOVEMBER 8, 2004 APPROVED S49 50 C. CONSIDERATION OF RESOLUTION 04-168 51 AMENDING FLEXIBLE SPENDING ACCOUNTS 52 PLAN Approved 53 54 D. CONSIDERATION OF RESOLUTION 04-170 55 APPROVING 62ND RIGHT-OF-WAY 56 ACQUISITION, MELVIN REHBEIN PROPERTY Approved 57 58 E. CONSIDERATION OF RESOLUTION 04-171 59 DECLARING INTENT TO BOND, LEGACY AT 60 WOODS EDGE IMPROVEMENT PROJECT Approved 61 62 F. APPROVAL OF MINUTES OF OCTOBER 20, 2004 63 COUNCIL WORK SESSION Removed 64 65 G. APPROVAL OF MINUTES OF OCTOBER 25, 2004 66 CITY COUNCIL MEETING Removed 67 68 FINANCE DEPARTMENT REPORT, AL ROLEK 69 70 There was none. 71 41)72 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 73 74 There was none. 75 76 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 77 78 There was none. 79 80 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 81 82 A. Consideration of Resolution 04-175, Accepting Donations for Family Turkey Shoot, Rick 83 DeGardner 84 85 Public Services Director DeGardner summarized the Staff report, indicating Staff recommends 86 accepting these donations. 87 88 Councilmember Dahl moved to adopt Resolution No. 04-175 receiving donations for the Family 89 Turkey Shoot Special Event. Councilmember Stoltz seconded the motion. 90 91 Motion carried unanimously. 92 93 Resolution No. 04-175 can be found in the City Clerk's office. 94 • 95 B. Consideration of Resolution No. 04-145, Awarding Lease Agreement to Farm Property 96 at Centerville Road and Birch Street, Rick DeGardner 2 COUNCIL MINUTES NOVEMBER 8, 2004 APPROVED •97 98 Public Services Director DeGardner summarized the Staff report, indicating Staff recommends 99 approval. 100 101 Councilmember Carlson noted there is substantial difference between bids in this case, but questioned 102 if there was any precedent being set by accepting unequal payments when the request was specifically 103 for three equal amounts. 104 105 City Attorney Hawkins opined that if the bid is higher and substantially the same terms the higher 106 bidder would get the contract. He indicated the City will have to deal with this on many contracts and 107 will have to look at each one individually. He stated there could be situations where someone 108 receives an advantage by changing the terms, but that is not the case here. He indicated the law 109 allows for a minor difference in specifications, unless material. 110 111 Councilmember Dahl questioned if in the future they could remove the word `equal' and just ask for 112 three installments. 113 114 Public Service Directors DeGardner indicated Staff did not want to be in a position of determining 115 which terms were more favorable for the City if the payments were of extreme variation each year. 116 117 Councilmember Stoltz moved to adopt Resolution No. 04-145 awarding lease agreement to farm 118 property at Centerville Road and Birch Street. Councilmember Reinert seconded the motion. 119 20 Motion carried unanimously. 21 122 Resolution No. 04-145 can be found in the City Clerk's office. 123 124 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 125 126 A. Consideration of Resolution No. 04-172, Extension of VLAWMO Joint Powers 127 Agreement 128 129 Community Development Director Grochala reviewed the Staff report, indicating Staff's 130 recommendation is to approve the extension. 131 132 Councilmember Carlson moved to adopt Resolution No. 04-172 approving a one-year extension to 133 the Joint Powers Agreement for Vadnais Lake Area Water Management Organization. 134 Councilmember Stoltz seconded the motion. 135 136 Motion carried unanimously. 137 138 Resolution No. 04-172 can be found in the City Clerk's office. 139 140 B. Consideration of SECOND READING of Ordinance No. 23-04, Vacating Drainage and 141 Utility Easement, Christopher Lee, 1049 Black Duck Court, Jim Studenski 142 • 3 COUNCIL MINUTES NOVEMBER 8, 2004 APPROVED IP43 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval of the 44 request. He noted that since the public hearing was opened, Staff has only received favorable 145 comments from the neighbors. 146 147 Councilmember Dahl moved to approve the SECOND READING of Ordinance No. 23-04 vacating 148 Drainage and Utility Easement, Christopher Lee, 1049 Black Duck Court. Councilmember Carlson 149 seconded the motion. 150 151 Vote: Councilmember Dahl voted yea. Councilmember Carlson voted yea. Councilmember Reinert 152 voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. Motion carried 153 unanimously. 154 155 C. Consideration of Resolution No. 04-173, Supporting Hardwood Creek Restoration 156 Project, Michael Grochala 157 158 Community Development Director Grochala summarized the Staff report, stating that Staff supports 159 the resolution. 160 161 Councilmember Carlson moved to adopt Resolution No. 04-173 in support for Stable Stream 162 Rehabilitation/JD2, Hardwood Creek/Rice Creek Watershed. Councilmember Dahl seconded the 163 motion. 164 165 Councilmember Carlson noted after the work session she received three calls from environmentalists, gii66 one concern was that this was being driven by landowners that wanted to de -water their land. She 67 stated that each of them did think that this was the best alternative if action has to move forward. She 168 read a statement from Daniel Huff from The Friends of the Mississippi River organization also 169 supporting Stable Stream Rehabilitation as the best option. 170 171 Motion carried unanimously. 172 173 Resolution No. 04-173 can be found in the City Clerk's office. 174 175 C. Consideration of Resolution No. 04-174, Establishing I -35E Corridor AUAR Advisory 176 Panel, Jeff City Planner Smyser 177 178 Community Development Director Grochala summarized the Staff report, indicating Staff 179 recommends approval. He clarified the meetings would be held every other Thursday starting 180 November 18, 2004. He noted AUAR stands for Alternative Urban Area Review, which is an 181 environmental review that follows an EAW format, but covers much more extensive of an area. 182 183 Community Development Director Grochala advised the intent of the Board will be to put together 184 background information on transportation, sewer, water, environment, etc. and how growth will affect 185 these areas. He stated the group will act as a focus group as they put together development scenarios 186 for the AUAR. He noted that as part of the AUAR process they need to develop several scenarios on 187 what we would expect to see in that area as development moves forward. He stated these suggestions 188 will be incorporated into the AUAR document that goes through the public review and comment 089 process and to other agencies for comment. He indicated the purpose of the board is to help the City 4 COUNCIL MINUTES NOVEMBER 8, 2004 APPROVED 1.90 Council develop conclusions that will ultimately lead to a document brought back to the City Council 91 for action. 192 193 Councilmember Reinert moved to adopt Resolution No. 04-174 establishing an I -35E Corridor 194 AUAR Advisory Panel. Councilmember Stoltz seconded the motion. 195 196 Councilmember Carlson expressed concern about the number of businesses listed on the Board 197 membership, and the possible conflict of interest they may have due to their financial investments and 198 risks. She commented on a situation with the EDAC Board where a member of the EDAC made a 199 motion to approve tax abatement for a business on which that member was also a Board member. 200 201 Councilmember Dahl expressed her appreciation for the Board members shown on this list. She also 202 expressed concern over the number of businesses included, and the amount of money they have 203 invested. She stated she is concerned their wishes will override the residents. She commented that in 204 the past they have relied on Staff or professionals for this type of information rather than businesses 205 and residents, especially when the businesses stand to gain from it. 206 207 Mayor Bergeson disagreed, indicating this is a large area of the City, and he thinks the list is good. 208 He believes the mix of board members, residents, landowners and business people will bring good 209 perspective, and he cannot imagine doing this and not talking to the people who own the land. He 210 thanked Staff for finding such a good cross section of representatives. 211 212 Councilmember Stoltz agreed with Mayor Bergeson, noting the key for him is this is an advisory 0 13 committee. He stated the City Council has final say, and while he does not want the group to meet 14 for nothing, he wants them to know that the City Council will retain that final say. He indicated he 215 believes this is too important to leave to a third party consultant, and he is pleased with the mix of 216 people that will be discussing it and providing options. 217 218 Councilmember Reinert agreed that this is only an advisory board. He stated that he didn't think 219 Scott Anderson of Eagle Brook Church should be blackballed from the list of AUAR panel members. 220 He stated that concerning the comments on conflict of interest, he prefers to look at it as a direct 221 interest, as many of these people own the land that will be developed, and should have a say in how 222 they perceive that will happen. 223 224 Community Development Director Grochala noted they have a consulting team led by DSU that will 225 guide the process. He stated the Park Board will be included as well, although they are not currently 226 on the list. He added that all meetings will be open to the public, and there will be an open house to 227 review all the scenarios being proposed. He advised that the majority of names on the list that sound 228 like businesses are property owners, who have a right to have a say in what they intend to happen on 229 their property. 230 231 Barbara Bor, 7707 20"' Avenue N., thanked Staff for bringing the process together to include 232 residents, but expressed concern about certain people on the list. She stated residents are still in the 233 process of healing from recent development and for the ease of the public and to nurture public 234 involvement, she is concerned with the participation of that development's representative. 235 • 5 COUNCIL MINUTES APPROVED NOVEMBER 8, 2004 1,36 Mayor Bergeson stated that while he is sympathetic, he believes everyone could go through the list 37 and name a person or organization that would not be on there if they were making the list. He thinks 238 this is a good list and they should continue with the process. 239 240 Community Development Director Grochala noted there would also be a technical panel made up of 241 staff from the agencies that will comment on the AUAR, which will be kept abreast of the discussions 242 and progress of the advisory board during their normal work hours. 243 244 Mayor Bergeson commented he is concerned about the comment made that someone on the EDAC 245 Board had a conflict of interest. He stated he does not believe that is the case and he asked that the 246 Council to be careful in making unfounded accusations. 247 248 Vote: 3:2 Motion carried. Councilmembers Carlson and Dahl opposed. 249 250 Resolution No. 04-174 can be found in the City Clerk's office. 251 252 E. Consideration of Resolution No. 04-169, Approving Change Orders 2 & 3 and Final 253 Payment, Elm Street Reconstruction Project, Jim Studenski 254 255 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 256 257 Councilmember Carlson moved to adopt Resolution No. 04-169 approving Change Orders 2 & 3 and 258 Final Payment, Elm Street Reconstruction Project. Councilmember Stoltz seconded the motion. 059 60 Motion carried unanimously. 261 262 Resolution No. 04-169 can be found in the City Clerk's office. 263 264 UNFINISHED BUSINESS 265 266 A. Approval of Minutes of October 20, 2004 Council Work Session 267 268 Councilmember Dahl moved to approve the minutes of the October 20, 2004 Council Work Session. 269 Councilmember Stoltz seconded the motion. 270 271 Motion carried. Vote: 4:0:1 Councilmember Reinert abstained. 272 273 B. Approval of Minutes of October 25, 2004 City Council Meeting 274 275 Councilmember Stoltz moved to approve the minutes of the October 25, 2004 City Council Meeting. 276 Mayor Bergeson seconded the motion. 277 278 Motion carried. Vote: 3:0:2 Councilmembers Carlson and Reinert abstained. 279 280 NEW BUSINESS 281 . 82 Councilmember Dahl wished Councilmember Carlson a Happy Birthday. 83 6 COUNCIL MINUTES NOVEMBER 8, 2004 APPROVED 84 COMMUNITY CALENDAR NOVEMBER 9 THROUGH NOVEMBER 22, 2004: W2285 286 A) Wednesday, November 10, 2004, 6:30 p.m., Planning & Zoning Board Meeting 287 288 B) Thursday, November 11, 2004, City Hall Closed in Observance of Veteran's Day 289 290 C) Wednesday, November 17, 2004, 5:30 p.m., Council Work Session 291 D) Monday, November 22, 2004, 6:30 p.m., City Council Meeting 292 ADJOURN 293 294 There being no further business, Councilmember Reinert moved to adjourn at 7:48 p.m. 295 Councilmember Stoltz seconded the motion. 296 297 Motion carried unanimously. 298 299 These minutes were considered and approved at the regular Council Meeting, November 22, 2004. 300 301 302 303 -�/ 304 Ann Blair, City (l rk John berg a or �OS 306 307 308 309 +�Q es M • Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc.