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HomeMy WebLinkAbout12/12/2005 Council Minutes (2)2 APPROVED CITY OF LINO LAKES MINUTES 3 4 5 DATE : December 12, 2005 6 TIME STARTED : 6:44 P.M. 7 TIME ENDED : 9:31 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; Finance 14 Director, Al Rolek (part); Police Chief, Dave Pecchia; and City Attorney, Bill Hawkins. 15 16 OPEN MIKE 17 18 This item was moved to later in the agenda. 19 20 SETTING THE AGENDA 21 22 Councilmember Dahl requested Consent Agenda items B, C, D, and E be removed to the next work • 23 session. Mayor Bergeson asked if there was an urgency regarding these items. Finance Director 24 Rolek replied no, but he would like to get them done this year. 25 26 Councilmember Carlson stated she also would like these items moved to the work session because 27 she has additional questions. 28 29 Mayor Bergeson asked Council for any objections in moving the noted items to the work session and 30 hearing none, stated they are removed. 31 32 Councilmember Carlson asked about moving the stadium issue to earlier in the agenda. Mayor 33 Bergeson replied the items should be taken in agenda order. 34 35 The agenda was accepted as amended. 36 37 CONSENT AGENDA 38 39 Councilmember Dahl moved to approve the Consent Agenda. Councilmember Carlson seconded the 40 motion. 41 42 Motion carried unanimously. 43 dik 44 ITEM ACTION Milr 45 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED • 46 A. CONSIDERATION OF EXPENDITURES: 47 48 i) December 12, 2005 (Check No. 75465 - 49 75555, $383,391.37) 50 51 ii) Centennial Fire District (Check No. 14978 - 52 14985, $3,907.90) 53 54 B. CONSIDERATION OF RESOLUTION NO. 55 05-187, AUTHORIZING THE TRANSFER OF 56 FUNDS FROM THE AREA AND UNIT FUND 57 TO THE 2003A G.O. IMPROVEMENT AND 58 REFUNDING BOND DEBT SERVICE FUND 59 60 C. CONSIDERATION OF RESOLUTION NO. 61 05-188, AUTHORIZING THE TRANSFER OF 62 FUNDS FROM THE AREA AND UNIT FUND 63 TO THE WATER OPERATING FUND FOR 64 PAYMENT OF 1996B G.O. WATER 65 REVENUE BOND 66 .67 D. CONSIDERATION OF RESOLUTION NO. 68 05-189, AUTHORIZING THE TRANSFER OF 69 FUNDS FROM THE AREA AND UNIT FUND 70 TO THE 1998A G.O. IMPROVEMENT BOND 71 DEBT SERVICE FUND 72 73 E. CONSIDERATION OF RESOLUTION NO. 74 05-190, AUTHORIZING THE TRANSFER OF 75 FUNDS FROM THE AREA AND UNIT FUND 76 TO THE 1999A G.O. IMPROVEMENT BOND 77 DEBT SERVICE FUND 78 79 F. CONSIDERATION OF MINUTES OF 80 NOVEMBER 28, 2005 SPECIAL COUNCIL 81 WORK SESSION MEETING 82 83 G. CONSIDERATION OF MINUTES OF 84 NOVEMBER 28, 2005 CITY COUNCIL 85 MEETING 86 87 FINANCE DEPARTMENT REPORT, AL ROLEK 88 • 89 There was none. 90 Approved Approved Removed Removed Removed Removed Approved Approved COUNCIL MINUTES DECEMBER 12, 2005 APPROVED • 91 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 92 93 A. Consideration of Promotion of Kelly McCarthy to Sergeant 94 95 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval. 96 97 Councilmember Stoltz moved to approve the promotion of Kelly McCarthy to sergeant. 98 Councilmember Carlson seconded the motion. 99 100 Motion carried unanimously. 101 102 B. Consideration of Resolution No. 05-199, Adopting Donated Leave Policy 103 104 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 105 106 Councilmember Dahl moved to adopt Resolution No. 05-199, Adopting Donated Leave Policy. 107 Councilmember Reinert seconded the motion. 108 109 Councilmember Carlson requested the resolution be amended to note the policy includes vacation, 110 sick leave, and comp time. City Administrator Heitke replied the resolution adopts the program, 111 which includes numerous items that are spelled out within the program. 12 13 Councilmember Carlson stated the program guidelines could be referenced with "as stated in the 114 leave donation program adopted this evening". Mayor Bergeson asked Council and hearing no 115 opposition stated those words would be added as an informal amendment. 116 117 Councilmember Stoltz asked for clarification that this policy template is from other cities and if there 118 was legal review. City Administrator Heitke replied a number of other City's policies were reviewed 119 and this is a detailed compilation of those. 120 121 Motion carried unanimously. 122 123 Resolution No. 05-199 can be found in the City Clerk's office. 124 125 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 126 127 A. Consideration of Resolution No. 05-191, Allowing the Lino Lakes Police Department to 128 Participate in the Safe and Sober Project 129 130 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval. 131 132 Councilmember Reinert moved to adopt Resolution No. 05-191, Allowing the Lino Lakes Police 133 Department to Participate in the Safe and Sober Project. Councilmember Dahl seconded the motion. .34 135 Motion carried unanimously. 3 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED 036 137 Resolution No. 05-191 can be found in the City Clerk's office. 138 139 B. Consideration of Resolution No. 05-192, Accepting Neighborhood Heroes Grant from 140 Wal-Mart 141 142 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval. 143 144 Councilmember Carlson moved to adopt Resolution No. 05-192, Accepting Neighborhood Heroes 145 Grant from Wal-Mart. Councilmember Stoltz seconded the motion. 146 147 Motion carried unanimously. 148 149 Resolution No. 05-192 can be found in the City Clerk's office. 150 151 152 153 154 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 155 156 There was none. .57 58 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 159 160 A. Consider SECOND READING of Ordinance No. 13-05, Rezoning Certain Property 161 from R, Rural, R -X, Rural Executive and GB, General Business District to R -1X, Single 162 Family Executive and GB, General Business District. 163 164 Community Development Director Grochala summarized the Staff report, indicating Staff 165 recommends approval. 166 167 Councilmember Stoltz moved to approve the SECOND READING of Ordinance No. 13-05, 168 Rezoning Certain Property from R, Rural, R -X, Rural Executive and GB, General Business District to 169 R -1X, Single Family Executive and GB, General Business District. Councilmember Reinert 170 seconded the motion. 171 172 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 173 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 174 175 Ordinance No. 13-05 can be found in the City Clerk's office. 176 177 B. Consideration of Resolution No. 05-196, Approving Memorandum of Understanding 178 with Anoka County, CSAH 14 Improvement Project, Michael Grochala 10179 4 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED •80 Community Development Director Grochala summarized the Staff report, indicating Staff 181 recommends approval. 182 183 Councilmember Reinert moved to adopt Resolution No. 05-196, Approving Memorandum of 184 Understanding with Anoka County, CSAH 14 Improvement Project. Councilmember Stoltz seconded 185 the motion. 186 187 Councilmember Carlson stated the newly relocated access did not solve every problem but did 188 alleviate some, and with the City of Centerville's support she will support this. 189 190 Motion carried unanimously. 191 192 Resolution No. 05-196 can be found in the City Clerk's office. 193 194 C. Consideration of Resolution No. 05-197, Approving Joint Powers Agreement with Anoka 195 County, CSAH 14/8 Improvement Project, Michael Grochala 196 197 Community Development Director Grochala summarized the Staff report, indicating Staff 198 recommends approval. 199 200 Councilmember Carlson moved to adopt Resolution No. 05-197, Approving Joint Powers Agreement ak 01 with Anoka County, CSAH 14/8 Improvement Project. Councilmember Dahl seconded the motion. IIWQ2 203 Motion carried unanimously. 204 205 Resolution No. 05-197 can be found in the City Clerk's office. 206 207 D. Consideration of Resolution No. 05-194, Adopting the Surface Water Management Plan, 208 Jim Jacques, TKDA 209 210 Jim Jacques, TKDA, summarized the Staff report, indicating Staff recommends approval. 211 212 Councilmember Stoltz moved to adopt Resolution No. 05-194, Adopting the Surface Water 213 Management Plan. Councilmember Reinert seconded the motion. 214 215 Motion carried unanimously. 216 217 Resolution No. 05-194 can be found in the City Clerk's office. 218 219 OPEN MIKE 220 221 Paul Pierce, President, Anoka County Historical Society, informed the Council and residents of Lino 222 Lakes of Anoka County's 150th Birthday and plans to commemorate and celebrate the event. 023 5 • COUNCIL MINUTES DECEMBER 12, 2005 APPROVED 024 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 225 (Continued) 226 227 E. Lois Lane Utility Extension 228 229 i. Consideration of Resolution No. 05-195, Ordering Improvements and 230 Preparation of Plans and Specifications, Jim Studenski 231 232 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 233 234 Councilmember Carlson moved to adopt Resolution No. 05-195, Ordering Improvements and 235 Preparation of Plans and Specifications. Councilmember Dahl seconded the motion. 236 237 Motion carried unanimously. 238 239 Resolution No. 05-195 can be found in the City Clerk's office. 240 241 ii. Consideration of Resolution No. 05-198, Declaring Official Intent to Reimburse 242 Certain Expenditures from the Proceeds of Bonds to be Issued by the City, Jim 243 Studenski 244 . 45 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 46 247 Councilmember Dahl moved to adopt Resolution No. 05-198, Declaring Official Intent to Reimburse 248 Certain Expenditures from the Proceeds of Bonds to be Issued by the City. Councilmember Stoltz 249 seconded the motion. 250 251 Motion carried unanimously. 252 253 Resolution No. 05-198 can be found in the City Clerk's office. 254 255 UNFINISHED BUSINESS 256 257 A. Consideration of Minutes of September 8, 2005 Special Council Work Session as 258 Corrected 259 260 City Administrator Heitke clarified that there is a suggested correction, which was discussed at the 261 work session, and that the minutes have not been re -drafted. 262 263 Councilmember Carlson moved to approve the minutes of September 8, 2005 Special Council Work 264 Session as corrected. Councilmember Dahl seconded the motion. 265 266 Councilmember Stoltz stated he will be voting no on the change because the minutes should be kept as67 as objective as possible. 68 6 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED 4,69 Councilmember Carlson stated she supports the change because it clarifies the process by which they 270 reached the agreement. 271 272 Councilmember Reinert stated he will not be supporting the change. 273 274 Motion failed. Vote 2:3; Councilmember Reinert, Councilmember Stoltz, and Mayor Bergeson voted 275 nay. 276 277 NEW BUSINESS 278 279 A. Consideration of Minutes of November 22, 2005 Council Work Session (Councilmember 280 Dahl was absent) 281 282 Mayor Bergeson stated this was not on the consent agenda because Councilmember Dahl was absent. 283 284 Councilmember Stoltz moved to approve the minutes of November 22, 2005 Council Work Session 285 as submitted. Councilmember Reinert seconded the motion. 286 287 Motion carried 4-0-1. Councilmember Dahl abstained. 288 289 B. Consideration of Resolution No. 05-186, Financing of Sports Stadium .90 91 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 292 293 Mayor Bergeson opened the item to Lino Lakes' residents for public comment at 7:37 p.m. 294 295 Councilmember Carlson asked if residents from other cities could speak. City Attorney Hawkins 296 replied there are no Charter conditions. Mayor Bergeson replied he will poll Council once City 297 residents have spoken. 298 299 Gerald Berg, 6489 Totem Trail, stated Anoka County Commissioners have abandoned the majority of 300 taxpayers; therefore, Council needs to represent taxpayers and support the referendum. 301 302 Ron Holch, 6599 Hokah Drive, presented a letter from Raymond and Judith Stadum, 663 Andall 303 Street. He stated he is in support of the state statute requiring a vote on taxes for the proposed 304 stadium. He polled the audience for resolution supporters. He questioned some Council members 305 change of referendum support. He noted if a stadium is built the City will incur additional costs such 306 as with police and fire. He added taking money from those who need it and giving it to those who do 307 not is inappropriate; therefore, if the resolution is voted down it will imply Council does not care. 308 309 Burt Hanson, no address given, stated he wants Council to be aware of who they are dancing with. 310 He told a life story of his encounter with Commissioners. He requested that those who want a 311 stadium earn it. 012 7 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED •13 Amy Donlin, 6100 Centerville Road, stated she supports the referendum. If the stadium is built 314 quality of life issues including jobs, traffic issues, crime, and growth issues will be strangled as in 315 other cities. City residents cannot afford to have their tax rates increase. She asked Council to 316 consider the referendum so residents have a chance to voice their opinion. 317 318 Bob Johnson, 7979 24th Avenue North, stated he represents elderly residents and it is unfair to support 319 multi -millionaires; therefore, Council should stand up for its most vulnerable. 320 321 Mark Winiecki, 6387 20th Avenue South, stated he speaks for himself and neighbors that want this to 322 go for a vote. He added taxes have more than quadrupled, which are forcing families out. 323 324 Jon Tennessen, 126 Egret Lane, stated he is not for a stadium but would like the opportunity to vote 325 and will accept the results. 326 327 Jim Holm, 634 Fox Road, stated a stadium will affect residents greatly because the City is being 328 asked to pay two thirds of the cost not including overruns. He added he has written to Anoka County 329 Commissioners with little progress so if Council approves the referendum this may get their attention. 330 331 Steve, 6578 Wicos Drive, stated he believes the stadium is a bad idea and residents should have the 332 right to vote on a referendum. 333 34 Rhonda Sivarajah, Anoka County Commissioner, stated she has received numerous emails from City 35 residents that want the ability to vote on a referendum. Commissioners do not want the City to pass a 336 resolution because this sends a strong message to the Legislature that citizens in Anoka County are 337 not in favor of this. Commissioners are looking for an exemption from state statute. She added if the 338 sales tax is passed and a resident shops outside Anoka County and bring goods back to the County 339 they are responsible to pay taxes on those goods. She asked Council to take a stand for City residents. 340 341 Gerald Clausen, 6109 Baldwin Lake Road, stated it is crazy to pay more taxes because he is on a 342 fixed income. He added the stadium can be built but not with his money; he wants the chance to vote. 343 344 Paula Desjardins, 250 West Pine Street, stated she is not against or for a stadium but wants the right 345 to vote. She added there is no place at Anoka County or on the website where individuals can sign 346 that they do not want a stadium, there is only pro signings. 347 348 Colleen Bruster, 6591 Hokah Drive, stated she understands the cities of Centerville and Oak Grove 349 have approved resolutions like this and asked Council to do the same. 350 351 Ken Dufresne, 940 James Street, stated Council represents the residents and they should pass the 352 resolution, which tells Commissioners that they have to live by the law. 353 354 Thomas Arch, 7014 Caribou Circle, reminded residents they can decide Council members and 355 Commissioners by voting. He added the reason Commissioners do not want residents to vote is 0356 because they already know what the result will be. 57 8 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED 058 John Manasky, Moose Lane, stated Anoka County is asking for an exemption. He added the residents 359 should have the right to vote on whether they want their taxes increased or not. 360 361 Warren Ahlers, 6426 Hokah Drive, stated residents should have the right to vote. 362 363 Mayor Bergeson asked Council whether they should hear from residents outside the City. 364 365 Councilmember Carlson replied yes, it is an important issue that affects all Anoka County residents. 366 367 Councilmember Stoltz agreed stating it is part of due process. 368 369 Councilmember Dahl stated she thinks it is right to hear from people who surround the City. 370 371 Mayor Bergeson stated non -Lino Lakes' residents may speak. 372 373 Dan Dobson, 801 Goodrich Avenue, St. Paul, stated the reason Commissioners do not want a vote on 374 this is because when similar issues were put to a vote, voters overwhelmingly rejected them. He 375 added the proposal is a billion dollar tax that will affect all County residents for over 30 years. 376 377 Earl Czech, 4682 104th Avenue Northeast, Blaine, stated Ziggy's contributions will be zero, but he 378 will have rights to the stadium; with multi -billion dollar deals there are a lot of things behind the 79 scenes. He urged support of the referendum. 80 381 Trisha (no street address given) Centerville, stated the City does not have unlimited money to support 382 all taxes, and schools need to be supported. 383 384 James B. Hafner, Coon Rapids, stated he does not feel the resolution is about a stadium, but about a 385 citizen's right to vote in accordance with state law. He encouraged Council to pass the resolution. 386 387 Mayor Bergeson closed the item for public comment at 8:33 p.m. 388 389 Councilmember Carlson moved to adopt Resolution No. 05-186, Supporting the Requirement of 390 Holding a Referendum for the Funding of a Sports Stadium. Councilmember Dahl seconded the 391 motion. 392 393 Councilmember Carlson stated as resident representatives they have a responsibility not to have 394 Anoka County put a tax on taxpayers unfairly. She added if Council does not support the resolution 395 citizens would be taxed without representation. 396 397 Councilmember Stoltz stated he asked for due process to get educated from the county and citizens. 398 He added it is not Council's role to speak on behalf of its' residents regarding the referendum; it is an 399 Anoka County issue. 400 • 9 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED 001 Councilmember Reinert stated this issue is not within the Council's role, responsibility, or authority; 402 therefore, he will be voting no. He noted next year they are doing a resident survey on several 403 different issues, and resident concerns could be passed on to Anoka County. 404 405 Councilmember Carlson stated the resident survey does not list a question related to the stadium 406 referendum. She noted three additional letters were received supporting the stadium resolution. 407 408 Councilmember Dahl stated this resolution came to Council via a resident and passing it would let the 409 Commissioners know how residents feel. She added as long as citizens have a right to vote they can 410 live with the result. 411 412 Mayor Bergeson stated it is inappropriate for this matter to come before Council and others have 413 articulated why. He noted it is important to try and keep major league sports in Minnesota, but 414 funding should be as broad based as possible. He added Anoka County has taken the matter as far as 415 it can legally and cannot do more until the legislature acts. He suggested residents lobby 416 Commissioners and legislators. 417 418 Councilmember Reinert requested discussion at the next work session include whether a question 419 about the stadium can be added to the survey. Mayor Bergeson replied he would support having a 420 discussion at the next session. 421 ing.22 Councilmember Stoltz asked if the survey process has been started. City Administrator Heitke lipk23 replied Council contracted with a scientific research firm and believes they will be starting survey 424 testing internally shortly. He added he will contact them and ask if a question can be added. 425 426 Councilmember Carlson stated she would support adding a question to the survey. 427 428 Councilmember Dahl stated she would like a roll call vote. City Attorney Hawkins stated if a 429 Councilmember requests a roll call vote and a second Councilmember agrees then a roll call vote may 430 be taken. Councilmember Carlson stated she would support a roll call vote. 431 432 Motion failed. Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember 433 Reinert voted nay. Councilmember Stoltz voted nay. Mayor Bergeson voted nay. 434 435 Resolution No. 05-186 can be found in the City Clerk's office. 436 437 Mayor Bergeson recessed the meeting at 9:27 p.m. 438 439 Mayor Bergeson reconvened the meeting at 9:29 p.m. 440 441 COMMUNITY CALENDAR DECEMBER 13, 2005 THROUGH DECEMBER 19, 2005: 442 443 A) Wednesday, December 14, 2005; 5:30 p.m., Council Work Session •444 B) Wednesday, December 14, 2005, 6:30 p.m., Planning & Zoning Board Meeting 10 • 045 446 447 448 449 450 451 452 453 454 455 456 457 458 459 Ci 460 461 462 463 464 COUNCIL MINUTES DECEMBER 12, 2005 APPROVED C) Monday, December 19, 2005, 6:30 p.m., City Council Meeting ADJOURN There being no further business, Councilmember Stoltz moved to adjourn at 9:31 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 9, 2006. • Transcribed by: Cheryl Felix TimeSaver Off Site Secretarial, Inc. 11 PRI) aved•fti John Bergeson, Mayor •