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HomeMy WebLinkAbout11/28/2005 Council Minutes (2)APPROVED •1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : November 28, 2005 6 TIME STARTED : 6:42 P.M. 7 TIME ENDED : 7:46 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; Director of Administration, Dan Tesch 13 (part); Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City 14 Planner, Paul Bengtson; Finance Director, Al Rolek; and City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 City Administrator Heitke stated item 3Ai was added after the amended agenda was posted. • 23 24 Mayor Bergeson stated Mr. Novak was unavailable tonight to discuss item 8A and he asked Council 25 if this item should be removed from the agenda. Councilmember Carlson replied the item should be 26 left on the agenda for consideration and discussion. 27 28 Councilmember Stoltz stated the item should be left on the agenda because several residents are here 29 regarding this issue and Council needs to gather the facts to make a decision. Mayor Bergeson stated 30 item 8A will be left on the agenda. 31 32 The agenda was accepted as amended. 33 34 CONSENT AGENDA 35 36 Councilmember Dahl moved to approve the Consent Agenda. Councilmember Stoltz seconded the 37 motion. 38 39 Motion carried unanimously. 40 41 ITEM ACTION 42 43 A. CONSIDERATION OF EXPENDITURES: dak 44 11. 45 i) November 28, 2005 (Check No. 75376 — COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED •46 75464, $441,009.07). Approved 47 48 ii) Centennial Fire District (Check No. 14958 - 49 14977, $7,625.41) Approved 50 51 B. CONSIDERATION OF RESOLUTION 05-146, 52 APPROVING LEASE AGREEMENT FOR 53 LADIES AUXILIARY VFW POST 6583 Approved 54 55 C. CONSIDERATION OF RESOLUTION 05-181, 56 AMENDING AND RESTATING THE CITY 57 OF LINO LAKES FLEXIBLE SPENDING 58 ACCOUNTS PLAN (THE "PLAN") Approved 59 60 D. CONSIDERATION OF MINUTES OF 61 NOVEMBER 14, 2005 CANVASSING BOARD 62 MEETING Approved 63 64 E. CONSIDERATION OF MINUTES OF 65 NOVEMBER 14, 2005 CITY COUNCIL 66 MEETING Approved al 67 MIIF 68 FINANCE DEPARTMENT REPORT, AL ROLEK 69 70 A. Public Hearing Regarding the Issuance of Revenue Notes for the Benefit of YMCA of 71 Greater Saint Paul 72 73 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 74 75 Mayor Bergeson opened the public hearing at 6:50 p.m. 76 77 There was no one wishing to speak. 78 79 Mayor Bergeson closed the public hearing at 6:50 p.m. 80 81 i. Consideration of Resolution No. 05-183, Granting Preliminary Approval of 82 Issuance of Tax Exempt Revenue Notes for the Benefit of YMCA of Greater Saint 83 Paul 84 85 Councilmember Reinert moved to adopt Resolution No. 05-183, Granting Preliminary Approval of 86 Issuance of Tax Exempt Revenue Notes for the Benefit of YMCA of Greater Saint Paul. 87 Councilmember Dahl seconded the motion. 88 89 Motion carried unanimously. 90 2 COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED •91 Resolution No. 05-183 can be found in the City Clerk's office. 92 93 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 94 95 A. Consider SECOND READING of Ordinance No. 12-05, Establishing 2006 Fee Schedule 96 97 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 98 99 Councilmember Stoltz moved to approve the SECOND READING of Ordinance No. 12-05, 100 Establishing 2006 Fee Schedule. Councilmember Reinert seconded the motion. 101 102 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 103 Councilmember Stoltz voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. 104 105 Ordinance No. 12-05 can be found in the City Clerk's office. 106 107 i. Consideration of Resolution No. 05-185, Approving a Summary of the 2006 Fee 108 Schedule (Ordinance No. 12-05) for Publication 109 110 Councilmember Carlson moved to adopt Resolution No. 05-185, Approving a Summary of the 2006 111 Fee Schedule (Ordinance No. 12-05) for Publication. Councilmember Dahl seconded the motion. 12 13 Motion carried unanimously. 114 115 Resolution No. 05-185 can be found in the City Clerk's office. 116 117 B. Consider Offer of Employment for Police Officer 118 119 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval. 120 121 Councilmember Carlson moved to approve the offer of employment for police officer. 122 Councilmember Reinert seconded the motion. 123 124 Motion carried unanimously. 125 126 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 127 128 There was none. 129 130 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 131 132 There was none. 133 • 3 COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED 11034 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 135 136 A. Pine Glen Residential Subdivision, Paul Bengston 137 138 i. Consider FIRST READING of Ordinance No. 13-05, Rezoning Certain Property 139 from R, Rural, R -X, Rural Executive and GB, General Business District to R -1X, 140 Single Family Executive and GB, General Business District. 141 142 City Planner Bengston summarized the Staff report, indicating Staff recommends approval. 143 144 Councilmember Carlson asked about a secondary access for the site, noting traffic concerns. 145 Community Development Director Grochala replied the intent was to set up a secondary access for 146 future Lake Drive expansion although there are no future guarantees. 147 148 Councilmember Reinert asked if the City has easements for future connections to James Street and 149 Lois Lane. City Planner Bengston replied the City does not have easements to the north of James 150 Street for future connections to James Street. He added to the south of James Street the future access 151 is Dupont where half of it has been platted and left for owners to divide their property in the future. 152 153 Mayor Bergeson opened the item for public comment at 7:09 p.m. 154 Ai 55 John Humenansky, 989 Lois Lane, stated he is concerned with traffic issues and asked if traffic W56 studies have been done. He added he is also concerned with access to the north on James Street and 157 asked for a timeline when this access will occur. Mayor Bergeson replied he believes the access 158 would be contingent upon property owners on James Street wishing to develop. 159 160 Mayor Bergeson closed the item for public comment at 7:11 p.m. 161 162 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 13-05, Rezoning 163 Certain Property from R, Rural, R -X, Rural Executive and GB, General Business District to R -1X, 164 Single Family Executive and GB, General Business District. Councilmember Stoltz seconded the 165 motion. 166 167 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 168 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 169 170 ii. Consideration of Resolution No. 05-182, Approving Preliminary Plat and MUSA 171 Allocation. 172 173 Councilmember Dahl moved to adopt Resolution No. 05-182, Approving Preliminary Plat and 174 MUSA Allocation. Councilmember Reinert seconded the motion. 175 176 Motion carried unanimously. 0177 178 Resolution No. 05-182 can be found in the City Clerk's office. 4 COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED 41179 180 B. Consideration of Resolution No. 05-184, Approving Compensating Change Order No. 1 181 and Authorizing Final Payment, Well No. 5, Jim Studenski 182 183 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 184 185 Councilmember Stoltz moved to adopt Resolution No. 05-184, Approving Compensating Change 186 Order No. 1 and Authorizing Final Payment, Well No. 5. Councilmember Dahl seconded the motion. 187 188 Motion carried unanimously. 189 190 Resolution No. 05-184 can be found in the City Clerk's office. 191 192 UNFINISHED BUSINESS 193 194 There was none. 195 196 NEW BUSINESS 197 198 A. Consideration of Minutes of November 9, 2005 Council Work Session (Councilmember 199 Dahl was absent) .00 01 Mayor Bergeson stated this was not on the consent agenda because Councilmember Dahl was absent. 202 203 Councilmember Reinert moved to approve the minutes of November 9, 2005 Council Work Session 204 as submitted. Councilmember Carlson seconded the motion. 205 206 Motion carried 4-0-1. Councilmember Dahl abstained. 207 208 B. Consideration of Resolution No. 05-186, Supporting the Requirement of Holding a 209 Referendum for the Funding of a Sports Stadium 210 211 Mayor Bergeson stated Council previously discussed this item and requested to hear from Anoka 212 County and from City residents. 213 214 Councilmember Carlson requested the proposed ordinance be read. 215 216 Ron Holch, 6599 Hokah Drive, stated it is State law to vote on taxes for a stadium and other revenue 217 such as this; therefore, he is asking the City to support the existing State law. He read Resolution No. 218 05-186. He referenced the pertinent statute and noted that it has never been bypassed. He added the 219 City will be impacted by a stadium and will incur additional costs for items such as extra police. 220 221 Mayor Bergeson opened the item for public comment at 7:23 p.m. *22 5 COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED 023 Rhonda Sivarajah, Anoka County Commissioner, stated the issue is not whether to support a stadium 224 but to uphold State law. She added Anoka County is asking for exemption from State statute and 225 building a stadium is not a core function of County government. The tax would be a countywide sales 226 tax on residents for 20 years. 227 228 Colleen Brewster, 6591 Hokah Drive, stated it is important that State law be upheld and unfortunately 229 City governments have to make this statement to the County and to the State. 230 231 John , 8820 Northeast, stated $280 million is the County portion payoff. He discussed the 232 suggestion that the stadium will create 8,700 jobs. He added since the stadium will be owned there 233 will be no property taxation. He asked if this money could be put to better use. 234 235 Mitch Coyne, 6384 Fawn Lane, stated there has never been an opportunity to sign against the petition. 236 He noted $275 plus million is a lot of money and there is better ways to spend these dollars. He 237 added a monopoly, such as sports, should not be supported. 238 239 John Humenansky, 989 Lois Lane, stated the impact of having the City support the resolution would 240 be to get the attention of and to advise County Commissioners that there is a State law and that they 241 are obligated to follow the wishes of those who elected them. He added sports teams are an asset to 242 the State and a single County should not be responsible for keeping them here. 243 Ak244 Marilyn Hanson, 1178 Main Street, stated she lives on a fixed income and has a hard time W45 understanding how she should pay a tax to enrich the billionaire owner of the Vikings. She added she 246 would appreciate the opportunity to vote on this issue in a referendum. 247 248 John , 8820 Northeast, stated in 1999 Ventura established a stadium fund, which gartered $85,000 249 from the entire State, which is 1.7 cents per individual; therefore, residents already voted whether a 250 stadium was wanted. 251 252 Mayor Bergeson closed the item for public comment at 7:37 p.m. 253 254 Councilmember Dahl moved to adopt Resolution No. 05-186, Supporting the Requirement of 255 Holding a Referendum for the Funding of a Sports Stadium. Councilmember Carlson seconded the 256 motion. 257 258 Councilmember Carlson asked if the motion fails can it be put on the next City Council agenda. City 259 Attorney Hawkins replied it can only be placed back on the agenda if a Councilmember on the 260 prevailing side makes a motion to do so. 261 262 Councilmember Carlson withdrew her second. The motion then failed due to the lack of a second. 263 264 Mayor Bergeson recommended the item be referred to their next Work Session for additional input. 265 Councilmember Reinert stated he is in support of the motion but would like to hear from all sides •66 67 before moving forward. COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED *68 269 Councilmember Carlson moved to table Resolution No. 05-186, Supporting the Requirement of 270 Holding a Referendum for the Funding of a Sports Stadium, to the next Work Session for a 271 Presentation from Mr. Novak Then be Placed on the December 12 City Council Meeting Agenda. 272 Councilmember Dahl seconded the motion. 273 274 Mayor Bergeson stated it will need to be confirmed that Mr. Novak is available for the Work Session. 275 Councilmember Carlson replied if he is not available they can send someone they wish in his place. 276 277 Councilmember Stoltz stated this item needs to be on the next agenda; therefore, if Mr. Novak is not 278 available someone else from their office should attend. 279 280 Councilmember Carlson stated she believes the State should uphold State law and have the citizens of 281 Anoka County vote. She added there are several citizens that cannot afford these sales tax dollars. 282 283 Mayor Bergeson noted the next Work Session and City Council meeting dates and times. 284 285 Motion carried unanimously. 286 287 Resolution No. 05-186 can be found in the City Clerk's office. 288 89 COMMUNITY CALENDAR NOVEMBER 29, 2005 THROUGH DECEMBER 12, 2005: W90 291 A) Wednesday, November 30, 2005, 6:30 p.m., Environmental Board Meeting 292 B) Thursday, December 1, 2005, 7:00 a.m., EDAC Meeting 293 C) Monday, December 5, 2005, 6:30 p.m., Park Board Meeting 294 295 D) Wednesday, December 7, 2005, 5:30 p.m., Council Work Session 296 E) Monday, December 12, 2005, 6:00 p.m., Truth in Taxation Meeting 297 F) Monday, December 12, 2005, 6:30 p.m., City Council Meeting 298 G) Wednesday, December 14, 2005, 5:30 p.m., Council Work Session 299 H) Monday, December 19, 2005, 6:30 p.m., City Council Meeting 300 301 ADJOURN 302 303 There being no further business, Councilmember Reinert/Dahl moved to adjourn at 7:46 p.m. 304 Councilmember Carlson/Stoltz seconded the motion. •305 306 Motion carried unanimously. 7 COUNCIL MINUTES NOVEMBER 28, 2005 APPROVED •07 308 These minutes were considered and approved at the regular Council Meeting, December 12„ 2005. 309 310 311 312 313 Julianne Bartell, City Clerk John Bergeson, Mayor 314 315 Transcribed by: 316 Cheryl Felix 317 TimeSaver Off Site Secretarial, Inc. 318 • 8