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HomeMy WebLinkAbout10/24/2005 Council MinutesAPPROVED CITY OF LINO LAKES MINUTES 3 4 5 DATE : October 24, 2005 6 TIME STARTED : 6:34 P.M. 7 TIME ENDED : 8:12 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, 9 and Mayor Bergeson 10 MEMBERS ABSENT : Councilmember Stoltz 11 12 Staff members present: Director of Administration, Dan Tesch; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Planner, Paul 14 Bengtson; Finance Director, Al Rolek; Police Chief, Dave Pecchia (part); Economic Development 15 Coordinator, Mary Divine (part); and City Attorney, Bill Hawkins. 16 17 OPEN MIKE 18 19 Bernadine Skoglund, 7481 Lake Drive, stated a filling station was installed without resident notice 20 near her property and it has become a nuisance. She added currently there is construction at her 21 residence, which has encompassed her driveway, and she has not received any information as to what 22 is going on. Mayor Bergeson replied the Lake Drive project is not on tonight's agenda but Staff will .23 contact her within a few days. 24 25 Councilmember Carlson asked who ordered the survey and why the surveyors are coming onto 26 private property. She requested Council receive a follow-up report. 27 28 Mayor Bergeson stated on Sunday Officer Brandon Young's wife, Jackie passed away after a long 29 battle with cancer. He requested everyone stand for a moment of silence. 30 31 SETTING THE AGENDA 32 33 Councilmember Dahl requested the September 8 Council Work Session Minutes be removed. 34 35 The agenda was accepted as amended. 36 37 CONSENT AGENDA 38 39 Councilmember Reinert moved to approve the Consent Agenda. Councilmember Dahl seconded the 40 motion. 41 42 Motion carried unanimously. 43 COUNCIL MINUTES OCTOBER 24, 2005 APPROVED .44 ITEM ACTION 45 46 A. CONSIDERATION OF EXPENDITURES: 47 48 i) October 24, 2005 (Check No. 75078 - 49 75219, $714,520.83). Approved 50 51 ii) Centennial Fire District (Check No. 14919 - 52 14939, $79,168.36) Approved 53 54 B. CONSIDERATION OF RESOLUTION NO. 55 05-157, AUTHORIZING THE CERTIFICATION 56 OF DELINQUENT WATER AND SEWER 57 UTILITY CHARGES FOR COLLECTION 58 WITH 2005 PROPERTY TAXES PAYABLE 59 IN 2006 Approved 60 61 C. CONSIDERATION OF RESOLUTION NO. 62 05-158, CALLING A PUBLIC HEARING 63 REGARDING THE ISSUANCE OF REVENUE 64 NOTES FOR THE BENEFIT OF YMCA Removed S65 66 D. CONSIDERATION OF APPROVING 67 APPLICATION TO CONDUCT EXCLUDED 68 BINGO, BLUE HERON ELEMENTARY Approved 69 70 E. CONSIDERATION OF RESOLUTION NO. 71 05-164, APPROVING SUMMARY OF 72 ORDINANCE NO. 05-05 (SIGN ORDINANCE) 73 FOR PUBLICATION Approved 74 75 F. CONSIDERATION OF MINUTES OF 76 SEPTEMBER 8, 2005 SPECIAL COUNCIL 77 WORK SESSION Removed 78 79 G. CONSIDERATION OF MINUTES OF 80 SEPTEMBER 26, 2005 CITY COUNCIL 81 MEETING Approved 82 83 H. CONSIDERATION OF MINUTES OF 84 OCTOBER 10, 2005 SPECIAL CITY 85 COUNCIL MEETING Approved 86 87 I. CONSIDERATION OF MINUTES OF 88 OCTOBER 10, 2005 CITY COUNCIL COUNCIL MINUTES OCTOBER 24, 2005 APPROVED 11189 MEETING Approved 90 91 FINANCE DEPARTMENT REPORT, AL ROLEK 92 93 A. Consideration of Resolution No. 05-158, Calling for a Public Hearing Regarding the 94 Issuance of Revenue Notes for the Benefit of YMCA 95 96 Councilmember Reinert moved to adopt Resolution No. 05-158, Calling for a Public Hearing 97 Regarding the Issuance of Revenue Notes for the Benefit of YMCA, on November 28, 2005 at 6:00 98 p.m. Councilmember Dahl seconded the motion. 99 100 Carlson stated she supports this method of financing and the YMCA but will be looking at any budget 101 effects and what steps taken to not pay until construction. 102 103 Motion carried unanimously. 104 105 Resolution No. 05-158 can be found in the City Clerk's office. 106 107 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 108 109 A. Consider SECOND READING of Ordinance NO. 10-05, Amending City Code by 110 Increasing the Salary of the Mayor & City Council Members 1.11 112 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval. 113 114 Councilmember Reinert stated in previous meetings Council was asked to recommend items to be cut 115 and he suggested the salary increase. He added because the first reading vote was split he would like 116 discussion on this item 117 118 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 10-05, 119 Amending City Code by a Three Percent Decrease in Budget Salary of the Mayor & City Council 120 Members. Councilmember Carlson seconded the motion. 121 122 Councilmember Carlson stated although trying to adhere to the agreement to pass the budget, issues 123 including an increase in tax, a general fund levy change, and employees recently leaving their City 124 positions, changed her mind. 125 126 Councilmember Dahl stated she voted consistent on non-union salaries and Council raises. 127 128 Mayor Bergeson clarified discussion is the 2006 operating budget and the motion is for salaries in 129 2007, 2008, and 2009. He asked if the details can be changed in the ordinance second reading. City 130 Attorney Hawkins replied yes, because it is within the subject matter. 131 aki32 Mayor Bergeson asked for motion clarification regarding which years. Councilmember Reinert 133 replied for 2007. Councilmember Carlson acknowledged that was acceptable. 3 COUNCIL MINUTES OCTOBER 24, 2005 APPROVED 034 135 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 136 Councilmember Reinert voted yea. Mayor Bergeson voted yea. 137 138 Ordinance No. 10-05 can be found in the City Clerk's office. 139 140 B. Establish Crime Prevention Position 141 142 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval. 143 144 Councilmember Dahl moved to establish the crime prevention position. Councilmember Carlson 145 seconded the motion. 146 147 Motion carried unanimously. 148 149 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 150 151 There was none. 152 153 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 154 1,155 There was none. 56 157 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 158 159 A. Consideration of Resolution No. 05-159, Adopting Final I -35E Corridor Alternative 160 Urban Areawide Review (AUAR), Jeff Smyser 161 162 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. 163 164 Councilmember Reinert moved to adopt Resolution No. 05-159, Adopting Final I -35E Corridor 165 Alternative Urban Areawide Review (AUAR). Councilmember Dahl seconded the motion. 166 167 Councilmember Carlson noted concerns with MNDOT comments included an unfunded intersection, 168 no funding for noise mitigation, and multi -family housing issues. She added she will vote no due to 169 reservations. 170 171 Mayor Bergeson stated professional consultants have completed the report and all legal issues have 172 been complied with. He added the motion is for final distribution now that comments from state 173 agencies have been received. 174 175 Motion carried 3-1-0. Carlson nay. 176 M.177 Resolution No. 05-159 can be found in the City Clerk's office. 78 4 079 180 181 COUNCIL MINUTES APPROVED OCTOBER 24, 2005 182 C. Legacy at Woods Edge, Paul Bengston 183 184 i. Consider SECOND READING of Ordinance No. 09-05, Amending the Planned 185 Unit Development for Legacy at Woods Edge to Include a Hotel as a Permitted 186 Use. 187 188 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 189 190 Councilmember Dahl moved to approve the SECOND READING of Ordinance No. 09-05, amending 191 the Planned Unit Development for Legacy at Woods Edge to Include a Hotel as a Permitted Use. 192 Councilmember Carlson seconded the motion. 193 194 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 195 Councilmember Reinert voted yea. Mayor Bergeson voted yea. 196 197 Ordinance No. 09-05 can be found in the City Clerk's office. 198 199 ii. Consideration of Resolution No. 05-160, Approving Final Plat, Village No. 4 00 01 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 202 203 Councilmember Carlson referenced "subject to the conditions included in this Staff report," asking if 204 these conditions should be included in the Resolution. City Planner Bengston replied no, they 205 normally are not contained within a final plat. 206 207 Councilmember Carlson moved to adopt Resolution No. 05-160, Approving Final Plat, Village No. 4. 208 Councilmember Dahl seconded the motion. 209 210 Motion carried unanimously. 211 212 Resolution No. 05-160 can be found in the City Clerk's office. 213 214 iii. Consideration of Resolution No. 05-163, Approving Final Plan/Conditional Use 215 Permit, Betty's Pies 216 217 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 218 219 Councilmember Carlson asked in granting outdoor seating is Council able to not grant this same type 220 of seating for a noisier use. City Attorney Hawkins replied yes, this does not bind Council. 221 '22 Councilmember Dahl moved to adopt Resolution No. 05-163, Approving Final Plan/Conditional Use 23 Permit, Betty's Pies. Councilmember Carlson seconded the motion. 5 COUNCIL MINUTES OCTOBER 24, 2005 APPROVED 24 225 Motion carried unanimously. 226 227 Resolution No. 05-163 can be found in the City Clerk's office. 228 229 iv. Consideration of Resolution No. 05-161, Approving Final Plan, Lakewood 230 Apartments 231 232 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 233 234 Councilmember Reinert moved to adopt Resolution No. 05-161, Approving Final Plan, Lakewood 235 Apartments. Councilmember Dahl seconded the motion. 236 237 Motion carried unanimously. 238 239 Resolution No. 05-161 can be found in the City Clerk's office. 240 241 v. Consideration of Resolution No. 05-162, Approving Final Plan, Country Inn & 242 Suites 243 244 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. He added 245 the Resolution needs to be amended in that the current Conditions 14 to 16 are removed and a new •46 Condition 14 — two gable ends shall be completely clad in brick is added. 247 248 Councilmember Reinert asked if Condition #16, a standing seam metal roof, could still be done. 249 Wanda Kramer replied the cost is high and it could be a safety hazard with snowfall. 250 251 Councilmember Carlson asked for a structural comparison of a metal and a shingle roof. Ms. Kramer 252 replied she is unsure. 253 254 Jim Boards, Cedarville Hospitality, stated the cost for a metal roof is high and a safety hazard; 255 however, several other project items have been upgraded. 256 257 Councilmember Reinert moved to adopt Resolution No. 05-162, Approving Final Plan, Countryside 258 Inn & Suites with deleting original Conditions 14 to 16 and add a 14, two gable ends shall be 259 completely clad in brick. Councilmember Dahl seconded the motion. 260 261 Motion carried unanimously. 262 263 Resolution No. 05-162 can be found in the City Clerk's office. 264 265 D. Consider FIRST READING of Ordinance No. 10-05, Authorizing Sale of Property, Rice 266 Creek Chain of Lakes YMCA, Mary Divine .67 6 COUNCIL MINUTES OCTOBER 24, 2005 APPROVED .68 Economic Development Coordinator Divine summarized the Staff report, indicating Staff 269 recommends approval. 270 271 Councilmember Carlson requested clarification regarding a dollar amount and asked when is the 272 groundbreaking. She also asked if fundraising has been completed. Economic Development 273 Coordinator Divine replied the land will need to be conveyed, possibly for one dollar. She added 274 groundbreaking is set for the spring of 2006 and fundraising will continue until then. 275 276 Councilmember Dahl moved to approve the FIRST READING of Ordinance No. 10-05, Authorizing 277 Sale of Property, Rice Creek Chain of Lakes YMCA. Councilmember Reinert seconded the motion. 278 279 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 280 Councilmember Reinert voted yea. Mayor Bergeson voted yea. 281 282 E. Consideration of Resolution No. 05-165, Accepting Bids and Awarding Contract, 283 Construction of Well No. 5 Pumphouse, Jim Studenski 284 285 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 286 287 Councilmember Dahl moved to adopt Resolution No. 05-165, Accepting Bids and Awarding 288 Contract, Construction of Well No. 5 Pumphouse. Mayor Bergeson seconded the motion. .89 90 Motion carried unanimously. 291 292 Resolution No. 05-165 can be found in the City Clerk's office. 293 294 F. Consideration of Resolution No. 05-166, Approving Change Order No. 2 and 295 Authorizing Final Payment, West Shadow Ponds Utility and Street Improvements, Jim 296 Studenski 297 298 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 299 300 Councilmember Carlson moved to adopt Resolution No. 05-166, Approving Change Order No. 2 and 301 Authorizing Final Payment, West Shadow Ponds Utility and Street Improvements. Councilmember 302 Dahl seconded the motion. 303 304 Motion carried unanimously. 305 306 Resolution No. 05-166 can be found in the City Clerk's office. 307 308 G. Consideration of Resolution No. 05-167, Approving Change Order No. 1 and Payment 309 Request No. 1, 2005 Overlay Project, Jim Studenski 310 AN11 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 12 7 COUNCIL MINUTES OCTOBER 24, 2005 APPROVED 013 Councilmember Reinert moved to adopt Resolution No. 05-167, Approving Change Order No. 1 and 314 Payment Request No. 1, 2005 Overlay Project. Councilmember Carlson seconded the motion. 315 316 Motion carried unanimously. 317 318 Resolution No. 05-167 can be found in the City Clerk's office. 319 320 H. Adopting Special Assessments, Jim Studenski 321 322 i. Consideration of Resolution No. 05-168, Adopting Assessments, Legacy at Woods 323 Edge Improvement Project, Michael Grochala 324 325 Community Development Director Grochala summarized the Staff report, indicating Staff 326 recommends approval. 327 328 Councilmember Reinert moved to adopt Resolution No. 05-168, Adopting Assessments, Legacy at 329 Woods Edge Improvement Project. Councilmember Carlson seconded the motion. 330 331 Motion carried unanimously. 332 333 Resolution No. 05-168 can be found in the City Clerk's office. 34 35 ii. Consideration of Resolution Nos. 05-169 — 05-176, Adopting Assessments, 2005 336 Development Projects, Jim Studenski 337 338 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 339 340 Councilmember Carlson moved to adopt Resolution Nos. 05-169 — 05-176, Adopting Assessments, 341 2005 Development Projects. Councilmember Dahl seconded the motion. 342 343 Motion carried unanimously. 344 345 Resolution Nos. 05-169 — 05-176 can be found in the City Clerk's office. 346 347 iii. Consideration of Resolution No. 05-177, Adopting Assessments, Individual 348 Properties Which Requested Connections to City Utilities, Jim Studenski 349 350 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 351 352 Councilmember Reinert moved to adopt Resolution No. 05-177, Adopting Assessments, Individual 353 Properties Which Requested Connections to City Utilities. Councilmember Dahl seconded the 354 motion. 355 iii56 Motion carried unanimously. W57 8 COUNCIL MINUTES OCTOBER 24, 2005 APPROVED 058 Resolution No. 05-177 can be found in the City Clerk's office. 359 360 UNFINISHED BUSINESS 361 362 There was none. 363 364 NEW BUSINESS 365 366 A. Consideration of Minutes of October 5, 2005 Council Work Session (Mayor Bergeson 367 was absent) 368 369 Mayor Bergeson stated this was not on the consent agenda because he was absent. 370 371 Councilmember Reinert moved to approve the minutes of October 5, 2005 Council Work Session as 372 submitted. Councilmember Dahl seconded the motion. 373 374 Motion carried 3-0-1. Bergeson abstained. 375 376 377 378 COMMUNITY CALENDAR OCTOBER 25, 2005 THROUGH NOVEMBER 14, 2005: .79 80 A) Wednesday, October 26, 2005, 6:30 p.m., Environmental Board Meeting 381 B) Thursday, November 3, 2005; 7:00 a.m., EDAC Meeting 382 C) Monday, November 7, 2005, 6:30 p.m., Park Board Meeting 383 D) Tuesday, November 8, 2005, City Elections 384 E) Wednesday, November 9, 2005, 5:30 p.m., Council Work Session 385 F) Wednesday, November 9, 2005; 6:30 p.m., Planning & Zoning Board Meeting 386 G) Friday, November 11, 2005, City Hall Closed in Observance of Veteran's Day 387 H) Monday, November 14, 2005, 6:30 p.m., City Council Meeting 388 ADJOURN 389 390 There being no further business, Councilmember Dahl moved to adjourn at 8:12 p.m. Councilmember 391 Carlson seconded the motion. 392 . 93 Motion carried unanimously. 94 9 COUNCIL MINUTES APPROVED OCTOBER 24, 2005 .95 These minutes were considered and approved at the regular Council Meeting, November 14, 2005. 396 397 398 399 400 401 City Cle . & Jo Bergeson, Mayor 402 (. O 403 Transc ' ed i y: 404 Cheryl 405 TimeSaver Off Site Secretarial, Inc. 406