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HomeMy WebLinkAbout09/26/2005 Council MinutesAPPROVED CITY OF LINO LAKES MINUTES 3 4 5 DATE : September 26, 2005 6 TIME STARTED : 6:31 P.M. 7 TIME ENDED : 8:29 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Gordon Heitke; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Planner Bengston; 14 Finance Director, Al Rolek; City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 Robert Bening, 6788 East Shadow Lake Drive, and Al Demotts, 7140 Rice Lake Road, presented a 19 petition of 528 signatures requesting a referendum be placed on the ballot in November 2006, which 20 amends the Lino Lakes City Charter to not allow a person to be on the Council and on the Charter 21 Commission at the same time. He indicated the majority of the Charter Commission denied the 22 request. Mayor Bergeson stated when a petition is presented Staff reviews the signatures to ensure •23 residency, then Council will respond accordingly. 24 25 Councilmember Carlson asked if Mr. Bening and Mr. Demotts were two members of the sponsoring 26 committee. Mr. Bening replied no, it is not being pursued directly, but is an informal petition. He 27 added they are requesting a petition by City ordinance through City Council. 28 29 Councilmember Carlson asked why the petition is being presented now if the request is to be placed 30 on the November 2006 ballot. Mr. Bening replied it is his understanding that the process takes a 31 while and that he would expect action to be started before the end of January. 32 33 Lloyd Chalupsky and Sally Bachmeier, 2215 Reiling Road, presented letters and pictures of their 34 house for the past two years. He indicated the pictures show a sewer problem on their property 35 emanating from the neighbor's property. He added he has received no response or resolution yet and 36 would like to know where to go from here. He requested a City official visit the site to test it at his 37 expense. Community Development Director Grochala replied last week a letter was submitted after 38 site investigation, which indicated there is no indication fluent is coming from their neighbor's septic 39 system. He added he has been at the site several times in the past. 40 41 Mayor Bergeson suggested another analysis be submitted indicating it is sewage. He added unless 42 Staff brings an action or the attorney brings information, he is unsure what action Council could take. 43 Mr. Chalupsky replied the analysis is in the papers presented tonight. He added, when pipes were dug 44 up, the neighbor cut off the pipe and cemented it so sewage would stop draining into their property. 1p 45 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED •46 Councilmember Reinert asked what jurisdiction the Council has. He also asked if this issue could be 47 reviewed at the next work session. City Attorney Hawkins replied this is the first time he has heard 48 the problem, and would need to research the issue. 49 50 Councilmember Carlson asked if it could be groundwater running through the septic system. She 51 requested his number and suggested some Council members may visit the site. Mr. Chalupsky stated 52 it could not be groundwater because his hill is seven feet high. 53 54 Cori Duffy, 6256 Hollow Lane, stated she is disappointed with the petition Mr. Bening and Mr. 55 Demotts presented. She indicated she is on the Charter Commission and although the issue was 56 discussed and tabled until their October meeting, the gentlemen never stated their opposition. She 57 noted because she believes it assists with communication between Council and the Charter 58 Commission, the position should not be eliminated, but possibly have restrictions. 59 60 SETTING THE AGENDA 61 62 Finance Director Rolek stated under the Finance Department Report, A and B, both should state 63 "awarding" rather than "authorizing" the sale of bonds. 64 65 The agenda was accepted as amended. 66 VP67 CONSENT AGENDA 68 69 Councilmember Dahl moved to approve the Consent Agenda. Councilmember Stoltz seconded the 70 motion. 71 72 Motion carried unanimously. 73 74 ITEM ACTION 75 76 A. CONSIDERATION OF EXPENDITURES: 77 78 i) September 26, 2005 (Check No. 74766 - 79 74884, $468,349.39) Approved 80 81 ii) Centennial Fire District (Check No. 14892 - 82 14907, $5,610.81) Approved 83 84 B. CONSIDERATION OF APPROVING 85 APPLICATION FOR EXEMPT PERMIT TO 86 ANOKA COUNTY PHEASANTS FOREVER Approved 87 88 C. CONSIDERATION OF APPROVING gik 89 APPLICATION FOR EXEMPT PERMIT FOR 90 LINO LAKES CHAPTER OF THE JUNIOR 2 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED •91 CHAMBER OF COMMERCE (JAYCEES) FOR 92 OFFICER SHAWN SILVERA MEMORIAL 93 BENEFIT Approved 94 95 D. CONSIDERATION OF RESOLUTION NO. 96 05-149 APPROVING JOINT POWERS 97 AGREEMENT WITH ANOKA COUNTY FOR 98 THE FINAL DESIGN — LAKE DRIVE/I35W 99 INTERCHANGE Approved 100 101 E. CONSIDERATION OF MINUTES OF 102 AUGUST 17, 2005 COUNCIL WORK SESSION Approved 103 104 F. CONSIDERATION OF MINUTES OF 105 AUGUST 22, 2005 CITY COUNCIL MEETING Approved 106 107 G. CONSIDERATION OF MINUTES OF 108 AUGUST 30, 2005 SPECIAL COUNCIL WORK 109 SESSION Approved 110 111 FINANCE DEPARTMENT REPORT, AL ROLEK W12 13 A. Consider Resolution No. 05-150, Awarding the Sale of $5,550,000 Taxable General 114 Obligation Improvement Bonds, Series 2005A 115 116 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. He 117 introduced Terri Heaton, Springsted, Inc. who presented the sale results noting the 2005A Series 118 taxable bonds rate would be 5.0864% and the 2005B Series non-taxable bonds rate would be 3.48%. 119 She added the Moody's bond rating on both sales is Aaa. 120 121 Councilmember Reinert noted the buyer is buying insurance and this is not a negative affect for the 122 City. Ms. Heaton replied correct, it is positive. 123 124 Councilmember Carlson stated since the sale results were presented before the meeting is there 125 anything that is different than usual. Ms. Heaton replied no, the results are due to market timing. 126 127 Councilmember Stoltz moved to approve Resolution No. 05-150, Awarding the Sale of $5,550,000 128 Taxable General Obligation Improvement Bonds, Series 2005A to Cronin & Company, Incorporated. 129 Councilmember Dahl seconded the motion. 130 131 Motion carried unanimously. 132 133 Resolution No. 05-150 can be found in the City Clerk's office. fly 34 3 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED 035 B. Consider Resolution No. 05-151, Awarding the Sale of $3,945,000 General Obligation 136 Improvement Refunding Bonds, Series 2005B 137 138 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 139 140 Councilmember Carlson moved to approve Resolution No. 05-151, Awarding the Sale of $3,945,000 141 General Obligation Improvement Refunding Bonds, Series 2005B to Legg Mason Wood Walker, 142 Incorporated. Councilmember Reinert seconded the motion. 143 144 Motion carried unanimously. 145 146 Resolution No. 05-151 can be found in the City Clerk's office. 147 148 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 149 150 A. Consideration of Deputy Clerk Temporary Salary Adjustment 151 152 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 153 154 Councilmember Carlson moved to approve the Deputy Clerk temporary salary adjustment. 155 Councilmember Stoltz seconded the motion. S56 57 Motion carried unanimously. 158 159 B. Consideration of Resignation of Officer James Carroll 160 161 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 162 163 Councilmember Reinert moved to approve the resignation of Officer James Carroll. Councilmember 164 Stoltz seconded the motion. 165 166 Councilmember Carlson stated this is the eighth resignation in a year and a half and the third 167 resignation in the police department; Council must review why. 168 169 Motion carried. Vote 4:1 Councilmember Carlson opposed. 170 171 .. , 172 173 This item has been moved to the October 10, 2005 Council meeting. 174 175 D. Consideration of the 2006 Cable Commission and Media Center Budgets 176 177 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 078 • _11 4 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED �79 Councilmember Dahl moved to approve the 2006 cable commission and media center budgets. 180 Councilmember Stoltz seconded the motion. 181 182 Motion carried unanimously. 183 184 E. Consideration of Resolution No. 05-148, Authorizing Staff to Issue a Special Event 185 Permit to Miller's On Main 186 187 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 188 189 Councilmember Carlson asked what would be happening outside between 10:00 p.m. and 2:00 a.m. 190 She added she wants to be sure it will not be loud outside between these hours. City Administrator 191 Heitke replied he believes they will be serving patrons. 192 193 Councilmember Reinert moved to adopt Resolution No. 05-148, Authorizing Staff to Issue a Special 194 Event Permit to Miller's On Main. Councilmember Dahl seconded the motion. 195 196 Motion carried unanimously. 197 198 Resolution No. 05-148 can be found in the City Clerk's office. 199 . 00 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA O1 202 There was none. 203 204 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 205 206 There was none. 207 208 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 209 210 A. Consideration of Resolution No. 05-144, Authorizing Distribution of I -35E Corridor 211 Final AUAR, Jeff Smyser 212 213 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. He 214 introduced John Shardlow, AICP President and Director of Planning, Dahlgren, Shardlow and Uban, 215 Inc. who provided a presentation on the I -35E Corridor AUAR. 216 217 Councilmember Carlson asked if state agencies and the Met Council could only make objections. Mr. 218 Shardlow replied yes. 219 220 Councilmember Carlson asked what type of development would require additional environmental 221 review. Mr. Shardlow replied any development proposal activity that would result in an impact that 411W22 exceeded those in the development study. 23 5 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED 024 Councilmember Reinert moved to adopt Resolution No. 05-144, Authorizing Distribution of I -35E 225 Corridor Final AUAR. Councilmember Stoltz seconded the motion. 226 227 Mayor Bergeson opened the issue for public comment at 7:56 p.m. 228 229 Barbara Bor, 7707 20th Avenue North, Hugo, stated Advisory Panel member attendance over time 230 dropped. She suggested, in the future, Staff should evaluate who participates to ensure an active 231 process and should ask for feedback from members who participated. Mayor Bergeson noted Ms. 232 Bore is a resident of Lino Lakes. 233 234 Mayor Bergeson closed the issue for public comment at 8:01 p.m. 235 236 Councilmember Carlson stated the comp plan relates to growth and managing it, and noted concerns 237 the cost does not get passed onto the City. She added she is concerned MNDOT cannot accept the 238 third scenario. 239 240 Councilmember Reinert stated he has concerns with future developments coming forward. 241 242 Motion carried. Vote 3:2 Councilmembers Carlson and Dahl opposed. 243 244 Resolution No. 05-144 can be found in the City Clerk's office. .45 46 B. Rice Lake Professional Center, Paul Bengston 247 248 i. Consider SECOND READING of Ordinance No. 08-05, Vacating Street and 249 Utility Easement 250 251 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 252 253 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 08-05, 254 Vacating Street and Utility Easement. Councilmember Reinert seconded the motion. 255 256 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 257 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 258 259 Ordinance No. 08-05 can be found in the City Clerk's office. 260 261 Motion carried unanimously. 262 263 ii. Consideration of Resolution No. 05-125, Final Plat 264 265 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 266 *267 Councilmember Dahl moved to adopt Resolution No. 05-125, Approving Final Plat. Councilmember 268 Stoltz seconded the motion. 6 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED *69 270 Motion carried unanimously. 271 272 Resolution No. 05-125 can be found in the City Clerk's office. 273 274 C. Apollo Landing 275 276 i. Consideration of Resolution No. 05-143, Planned Unit Development Final Plan, 277 Paul Bengston 278 279 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 280 281 Councilmember Reinert moved to adopt Resolution No. 05-143, Planned Unit Development Final 282 Plan. Councilmember Dahl seconded the motion. 283 284 Councilmember Carlson commented on the revised fence conditions. 285 286 Mayor Bergeson asked for clarification on requiring prairie grass. City Planner Bengston replied the 287 majority of prairie grass would be within drainage areas and surrounding the perimeter. 288 289 Motion carried unanimously. 90 91 Resolution No. 05-143 can be found in the City Clerk's office. 292 293 ii. Consideration of Resolution No. 05-145, Development Agreement, Jim Studenski 294 295 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 296 297 Councilmember Dahl moved to adopt Resolution No. 05-145, Development Agreement. 298 Councilmember Reinert seconded the motion. 299 300 Councilmember Reinert commented Apollo Landing is a Hampton Inn. 301 302 Motion carried unanimously. 303 304 Resolution No. 05-145 can be found in the City Clerk's office. 305 306 D. Consideration of Resolution No. 05-147, Approving Plans and Specifications and 307 Authorizing Advertisement for Bids, Well No. 5 Pumphouse, Jim Studenski 308 309 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 310 311 Councilmember Carlson asked if there was a neighborhood meeting or notification. She added she •12 will vote for this, but landscaping comments would be helpful and allow people to participate. City 7 COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED •13 Engineer Studenski replied throughout activities they have notified immediate neighbors. He added 314 he could make sure others are involved. 315 316 Councilmember Dahl moved to adopt Resolution No. 05-147, Approving Plans and Specifications 317 and Authorizing Advertisement for Bids, Well No. 5 Pumphouse. Councilmember Reinert seconded 318 the motion. 319 320 Motion carried unanimously. 321 322 Resolution No. 05-147 can be found in the City Clerk's office. 323 324 UNFINISHED BUSINESS 325 326 There was none. 327 328 NEW BUSINESS 329 330 There was none. 331 332 COMMUNITY CALENDAR SEPTEMBER 27, 2005 THROUGH OCTOBER 10, 2005: 333 34 A) Tuesday, September 27, 2005, 6:30 p.m., Special Planning & Zoning Board 1,35 Meeting 336 337 B) Monday, October 3, 2005; 6:30 p.m., Park Board Meeting 338 339 C) Wednesday, October 5, 2005; 5:30 p.m., Council Work Session 340 341 D) Thursday, October 6, 2005; 7:00 a.m., EDAC Meeting 342 343 E) Monday, October 10, 2005, 6:30 p.m., City Council Meeting 344 345 ADJOURN 346 347 There being no further business, Councilmember Stoltz moved to adjourn at 8:29 p.m. 348 Councilmember Reinert seconded the motion. 349 350 Motion carried unanimously. 351 352 353 354 355 Ai56 Je. ige Deputy City lerk 57 These minutes were cons . ered and approved at the regular Council Meeting, October 10, 2005. 8 erges , Mayor COUNCIL MINUTES SEPTEMBER 26, 2005 APPROVED 1158 Transcribed by: 359 Cheryl Felix 360 TimeSaver Off Site Secretarial, Inc. 361 9