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.
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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.
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135 Motion carried unanimously.
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COUNCIL MINUTES DECEMBER 12, 2005
APPROVED
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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Transcribed by:
Cheryl Felix
TimeSaver Off Site Secretarial, Inc.
11
PRI) aved•fti
John Bergeson, Mayor
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