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.
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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
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95 B. Consideration of Resolution No. 04-145, Awarding Lease Agreement to Farm Property
96 at Centerville Road and Birch Street, Rick DeGardner
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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
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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
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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
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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
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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.
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304 Ann Blair, City (l rk John berg a or
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Transcribed by:
Karen Bucklen
TimeSaver Off Site Secretarial, Inc.