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HomeMy WebLinkAbout02/13/2006 Council MinutesAPPROVED 1 CITY OF LINO LAKES 2 MINUTES All 3 4 5 DATE : February 13, 2006 6 TIME STARTED : 6:32 P.M. 7 TIME ENDED : 8:28 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, O'Donnell, 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 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, 14 Paul Bengtson; City Attorney, Bill Hawkins; and City Clerk, Julie Bartell. 15 16 OPEN MIKE 17 18 There was none. 19 20 SETTING THE AGENDA 21 22 The agenda was accepted as presented. 23 24 CONSENT AGENDA IF25 26 Councilmember Stoltz moved to approve the Consent Agenda. Councilmember O'Donnell seconded 27 the motion. 28 29 Motion carried unanimously. 30 31 ITEM ACTION 32 33 A. CONSIDERATION OF EXPENDITURES: 34 35 i) February 13, 2006 (Check No. 75864 — 36 75990, $316,493.40). Approved 37 38 ii) Centennial Fire District (Check No. 15030 — 39 15053, $88,070.08) Approved 40 41 B. CONSIDERATION OF RESOLUTION NO. 42 06-12, APPROVAL OF PREMISES PERMIT 43 APPLICATION, VFW POST 6583 Approved 44 45 C. CONSIDERATION OF RESOLUTION 06-14 I46 AMENDING THE 2006 FEE SCHEDULE 47 ORDINANCE NO. 12-05 TO INCLUDE A 48 CHARGE FOR PROVIDING INFORMATION COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED S49 ON DVD OR COMPUTER DISC Approved 50 51 D. CONSIDERATION OF RESOLUTION NO. 52 06-13, CORRECTING THE 2007 CITY COUNCIL/ 53 MAYOR SALARY SCHEDULE (ORDINANCE 54 NO. 10-05) Removed 55 56 E. CONSIDERATION OF RESOLUTION NO. 57 06-26, APPROVING A 3.2 OFF -SALE LICENSE 58 FOR JASON'S BOBBY & STEVE'S AUTO 59 WORLD AT 7090 21sT AVENUE SOUTH Approved 60 61 F. CONSIDERATION OF APPROVAL OF 62 MINUTES OF JANUARY 23, 2006 CITY COUNCIL 63 MEETING Approved 64 65 G. CONSIDERATION OF APPROVAL OF 66 MINUTES OF JANUARY 18, 2006 COUNCIL WORK 67 SESSION Approved 68 69 FINANCE DEPARTMENT REPORT, AL ROLEK 70 gr71 There was none. 72 73 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 74 75 A. Consideration of Resolution No. 06-25, Supporting a Special Taxing authority for 76 VLAWMO 77 78 City Administrator Heitke summarized the Staff report, noting that Staff is recommending approval of 79 the support of designating VLAWMO as a special taxing authority. 80 81 Councilmember Carlson moved to adopt Resolution No. 06-25, supporting a Special Taxing 82 Authority for VLAWMO. Councilmember O'Donnell seconded the motion. 83 84 Councilmember O'Donnell stated that he thinks that bringing visibility and accountability to this, 85 rather than having it hidden in the general levy, is a good thing. He indicated he supports VLAWMO 86 in this decision. 87 88 Councilmember Carlson commented that last year the Council supported an extension of the Joint 89 Powers Agreement for another year. She stated that they need this to move forward, and whether they 90 stay as a Water Management Organization, or join with a Watershed District, the Council agreed to 91 support them and this is necessary support. •92 93 Councilmember Stoltz stated that while he thinks VLAWMO is a noble service, he feels they should 94 merge with a larger Watershed District. 2 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED S95 96 Motion carried with Council Member Stoltz voting nay. 97 98 Resolution No. 06-25 can be found in the City Clerk's office. 99 100 B. Consideration of Hiring Georgia Roering as Building Permit Technician 101 102 City Administrator Heitke summarized the Staff report, indicating that Staff is recommending 103 approval. 104 105 Councilmember O'Donnell moved to approve the hiring of Georgia Roering as Building Permit 106 Technician. Councilmember Reinert seconded the motion. 107 108 Motion carried unanimously. 109 110 C. Consideration of Resolution No. 06-13, Correcting the 2007 City CouncillMayor Salary 111 Schedule (Ordinance No. 10-05) 112 113 City Clerk Bartell summarized the Staff report, indicating that Staff is recommending approval. 114 115 Councilmember Carlson noted that in the past when they have approved these schedules they were for 116 four years. She asked what the figures will be for 2008, 2009 and 2010. •17 118 City Clerk Bartell stated that the Director of Administration would be bringing those numbers 119 forward at a later date. 120 121 Councilmember Stoltz moved to approve the proposed 2007 City Council/Mayor Salary schedule. 122 Councilmember Reinert seconded the motion. 123 124 Councilmember Carlson stated that she will vote to support this. She indicated that when this came 125 before the Council and she seconded the motion it was with the understanding that it was for four 126 years. She stated that the only concern with voting on only one year is wondering what the increase 127 will be for the other years. 128 129 Mayor Bergeson clarified that the salary reduction was a small reduction for one year. He stated that 130 the supporting documents did not have the right figures, so this is to clarify. 131 132 Motion carried unanimously. 133 134 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 135 136 There was none. 137 Ai 38 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 111, 39 3 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED . 140 A. Consideration of Resolution No. 06-28, approving City participation in the Super Rink 141 Expansion Project 142 143 Councilmember Carlson advised that she has two grandchildren that participate in the Hockey 144 Association. She stated that she was concerned about a conflict of interest, and therefore asked for a 145 legal opinion. She read the option for the City Attorney, indicating there was no conflict. 146 147 Public Service Director DeGardner summarized the Staff report, indicating that Staff is 148 recommending approval. 149 150 Councilmember Carlson asked if the $680,000 the Centennial Youth Hockey Association is putting 151 up is funds on hand or future receipts. She was informed the funds would be obtained by various 152 sources, including a note and fundraising from charitable gambling. 153 154 Councilmember Carlson indicated that Mary Capra, the Mayor of Centerville, spoke with Anoka 155 County and was told that the cities are being told to back the bonds for the difference between 860 156 and 1340 hours. 157 158 Mr. Ericsson explained that the 1340 hours are the core hours of peak time, noting that Lino Lakes 159 will be in a more favorable position than the original core cities. 160 161 Mayor Bergeson suggested that they need to be careful using the term 'back the bonds', since they are 162 not funding or backing them in terms of default; they are simply committing to some ice time. 163 Councilmember O'Donnell added that it was not a surprise, as it was presented at the work session. 164 165 Councilmember Carlson stated she was just suggesting that Centerville is seeking more information 166 from what it says in the resolution. 167 168 City Administrator Heitke added that there would also be an agreement brought back and reviewed by 169 the City Attorney as to the hours that Lino Lakes would be responsible for backing, on which the 170 Council will take action February 27th 171 172 Mr. Ericsson explained the difference from what the original cities were asked to do, and how the 173 current cities are being asked to participate. He stated that Centerville approved a general resolution, 174 and will approve the full agreement at their next meeting. He added that Circle Pines will hear the 175 item at their meeting tomorrow night, however the City Administrator believes it will pass. 176 177 Councilmember Reinert asked about the 216 free passes, and at least one evening of free skating. He 178 stated he was hoping for more. 179 180 Councilmember Stoltz moved to adopt Resolution No. 06 -approving City Participation in the Super 181 Rink Expansion Project. Councilmember Reinert seconded the motion. 182 jek183 Councilmember Carlson stated that she thinks it is overall a good project, but she is hearing two 184 different things as far as the number of hours. She commented on the projection that Centerville ran 4 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED 5185 on possible costs, noting that Lino Lakes could be looking at an additional cost of $1.5 million over 186 20 years. She stated that she does not believe they have all of the facts they need. 187 188 Councilmember Reinert commented that information is being presented that none of the rest of the 189 Council has, and asked that it be distributed. 190 191 Mr. Ericsson commented that the typical ice arena is selling 2000 to 3000 hours of ice per year, and 192 the participating cities are only being asked to guarantee 1340 hours, therefore the risk is minimal. 193 He agreed that if you assume no hours are sold over 20 years it is a staggering number, but that is an 194 erroneous assumption. He stated that the cities currently supporting the NSC are backing 2000 hours 195 per year, and the rink is selling 2800 hours, so they are well over. He indicated that if the City asked 196 Springsted or any of the other organizations doing the projections they would say there is little to no 197 risk. 198 199 Councilmember Reinert clarified that basically if all growth stops, and hockey goes away, this could 200 be a concern. He also clarified that the passes and free nights go on forever, which was 201 acknowledged that they do. 202 203 City Administrator Heitke noted that the backing of hours has been thoroughly discussed. He stated 204 that Springsted was at the work session and did not express concerns. 205 206 Mr. Ericsson clarified the comment about Anoka County not requesting the contribution Lino Lakes .07 is making, noting that Anoka County asked that CYHA find cities that will back the sheets of ice, and 208 CYHA is requesting assistance from the cities involved. 209 210 Councilmember Stoltz stated he thinks this is great, and he welcomed them to Lino Lakes. 211 212 Councilmember O'Donnell concurred, stating that the partnership is wonderful, and the amenities are 213 something none of the entities could provide on their own. 214 215 Councilmember Carlson commented that her concern is the amount of money this is costing Lino 216 Lakes in comparison to the amount Anoka County is requesting. 217 218 Mayor Bergeson stated that he believes the risk and worse case scenario is not taking advantage of 219 this opportunity. He indicated that hockey is huge in Lino Lakes and growing. He stated that the 220 demand for ice is growing, and this is an unbelievable opportunity. He indicated that they could pass 221 this by and that sometime in the future the demand for ice would put us in the position of having to 222 provide a rink on their own or with a school. He stated that to get this amenity for the city for 223 $72,000 over three years is a great opportunity. 224 225 Motion carried. Vote: 4:1 Councilmember Carlson opposed. 226 227 Resolution No. 06-28 can be found in the City Clerk's office. 228 29 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 230 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED 031 A. Consideration of Resolution 06-16, Approving 2006 Environmental Board Goals, Marty 32 Asleson 233 234 Marty Asleson summarized the Staff report, reading the Environmental Board goals as listed in the 235 resolution. 236 237 Councilmember Stoltz commented that it always surprises him how many people have backyard 238 wildlife tags, and asked how they got that designation. Ms. Mary Jo O'Day stated there is a program 239 for native plants, and you have to provide food, water, and shelter for animals. There is a form to fill 240 out over the internet. 241 242 Councilmember Reinert moved to adopt Resolution 06-16, approving 2006 Environmental Board 243 Goals. Councilmember Carlson seconded the motion. 244 245 Councilmember Carlson thanked the Environmental Board for their ambitious set of goals. She noted 246 there was a huge, beautiful eagle flying over the area today. 247 248 Motion carried unanimously. 249 250 Resolution No. 06-16 can be found in the City Clerk's office. 251 252 B. Consideration of FIRST READING of Ordinance 01-06 Vacating Part of Lois Lane 053 Street Right -of -Way; and drainage and utility easements for Cavegn Estates, Paul 254 Bengtson 255 256 Planner Bengtson summarized the Staff report, indicating that Staff is recommending approval. 257 258 Mayor Bergeson opened the public hearing at 7:30 p.m. 259 260 Councilmember O'Donnell moved to close the public hearing at 7:30 p.m. Councilmember Reinert 261 seconded the motion. 262 263 Motion carried unanimously. 264 265 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 01-06, vacating 266 part of Lois Lane Street Right -of -Way; and drainage and utility easements for Cavegn Estates. 267 Councilmember O'Donnell seconded the motion. 268 269 Motion carried unanimously. Councilmember Carlson voted yea. Councilmember O'Donnell voted 270 yea. Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 271 272 Ordinance No. 01-06 can be found in the City Clerk's office. 273 74 C. Consideration of Resolution No. 06-15, Approving Conditional Use Permit for an Auto W75 Repair Facility, Pomp's Tire, Paul Bengtson 276 6 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED *277 Planner Bengtson summarized the Staff report, indicating Staff is recommending approval. 278 279 Mayor Bergeson asked about the name, stating it says both Midstates Tire and Pomp's Tire. It was 280 noted that Pomp's Tire will actually lease the building from Midstates Tire. 281 282 Mayor Bergeson stated that the biggest concern they have with this sort of facility is the outdoor 283 storage of vehicles, and he hopes those running this establishment are aware of those regulations. 284 285 Councilmember Reinert moved to adopt Resolution No. 06-15 approving Conditional Use Permit for 286 an Auto Repair Facility for Pomp's Tire. Councilmember O'Donnell seconded the motion. 287 288 Councilmember Carlson stated that her concern was screening from the residential area. She 289 expressed her appreciation that it was resolved to the benefit of the homes near this property. 290 291 Motion carried unanimously. 292 293 Resolution No. 06-15 can be found in the City Clerk's office. 294 295 D. Legacy at Woods Edge Improvement Project, Michael Grochala 296 297 i. Consideration of Resolution No. 06-17, Approving Plans and Specifications and 298 Authorizing Advertisement for Bids, Legacy at Woods Edge Phase II — .99 Streetscaping Project, Michael Grochala 300 301 ii. Consideration of Resolution No. 06-18, Approving Plans and Specifications and 302 Authorizing Advertisement for Bids, Legacy at Woods Edge Phase III — Lighting 303 Improvement Project, Michael Grochala 304 305 Community Development Director Grochala summarized the Staff report, indicating Staff is 306 recommending approval. 307 308 Councilmember Stoltz moved to adopt Resolution Nos. 06-17 and 06-18, approving plans and 309 specifications and authorizing advertisement for bids, Legacy at Woods Edge Phase II, Streetscape 310 Project and Phase III, Lighting Improvement Project. Councilmember Reinert seconded the motion. 311 312 Motion carried unanimously. 313 314 Resolution Nos. 06-17 and 06-18 can be found in the City Clerk's office. 315 316 E. I -35E and I -35W Interchange — High Priority Project Applications 317 318 i. Consideration of Resolution No. 05-153, Approving Comprehensive Plan 319 Amendment, Village of Hardwood Creek, Jeff Smyser W3320 21 ii. Consideration of Resolution No. 06-20, Supporting HPP application for I- 322 35E/CSAH 14 Interchange, Michael Grochala 7 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED 23 324 Community Development Director Grochala summarized the Staff report, indicating Staff 325 recommends approval. 326 327 Councilmember O'Donnell moved to adopt Resolution Nos. 05-153 and 06-20 approving 328 Comprehensive Plan Amendment, and supporting HPP application for I-35E/CSAH 14 Interchange. 329 Councilmember Stoltz seconded the motion. 330 331 Motion carried unanimously. 332 333 Resolution Nos. 05-153 and 06-20 can be found in the City Clerk's office. 334 335 F. Consideration of Resolution No. 06-21, Approving Change Order No. 3 and Payment 336 Request No. 9, Holly Drive Improvement Project, Jim Studenski 337 338 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval. 339 340 Councilmember Carlson moved to adopt Resolution No. 06 -approving Change Order No. 3 and 341 Payment Request No. 9, Holly Drive Improvement Project. Councilmember Stoltz seconded the 342 motion. 343 344 Motion carried unanimously. 9345 346 Resolution No. 06-21 can be found in the City Clerk's office. 347 348 G. Consideration of Resolution No. 06-22, Authorizing Preparation of Plans and 349 Specifications, 2006 Sealcoat Project, Jim Studenski 350 351 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval. 352 353 Councilmember Reinert moved to adopt Resolution No. 06 -Authorizing Preparation of Plans and 354 Specifications, 2006 Sealcoat Project. Councilmember O'Donnell seconded the motion. 355 356 Motion carried unanimously. 357 358 Resolution No. 06-22 can be found in the City Clerk's office. 359 360 H. Consideration of Resolution No. 06-23, Authorizing Preparation of Plans and 361 Specifications, 2006 Overlay Project, Jim Studenski 362 363 City Engineer Studenski reviewed the Staff report, indicating Staff recommends approval. 364 365 Councilmember O'Donnell moved to adopt Resolution No. 06-23 Authorizing Preparation of Plans 4366 and Specifications, 2006 Overlay Project. Councilmember Stoltz seconded the motion. 67 368 Motion carried unanimously. COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED S69 70 Resolution No. 06-23 can be found in the City Clerk's office. 371 372 I. Consideration of Resolution No. 06-27, calling for a public hearing to grant a property 373 tax abatement and to amend the business subsidy agreement with the YMCA 374 375 Community Development Director Grochala reviewed the Staff report, indicating Staff recommends 376 approval. 377 378 Councilmember O'Donnell moved to adopt Resolution No. 06-27, Calling for a public hearing to 379 grant a property tax abatement and to amend the business subsidy agreement with the YMCA. 380 Councilmember Reinert seconded the motion. 381 382 Councilmember O'Donnell stated he is glad that they are having a public hearing on this matter. He 383 indicated he is looking forward to what the YMCA will bring, and he thinks it is a great chance for 384 the City to take the next step with getting a pool. 385 386 Councilmember Reinert stated that he wanted to make it crystal clear that they were only voting on 387 having a public hearing so they can get public comment. 388 389 Motion carried unanimously. 390 91 Resolution No. 06-27 can be found in the City Clerk's office. 392 393 UNFINISHED BUSINESS 394 395 A. Consideration of minutes of September 8, 2005 Council Work Session Minutes 396 397 Mayor Bergeson noted that they received a memo from Staff with relevant dates. He reviewed the 398 actions the Council had taken on these minutes to date. 399 400 Councilmember Reinert moved approve the minutes of the September 8, 2005 Council Work Session 401 as originally presented. Councilmember Stoltz seconded the motion. 402 403 Councilmember Stoltz clarified this is just a process, since the previous vote was voted down, a 404 second motion should have been made that same night. 405 406 Councilmember Carlson read a statement from Ms. Dahl about the proposed correction to the 407 minutes. 408 409 There was discussion on which set of minutes were the official document, and comments that this had 410 been discussed at the work session. 411 412 City Administrator Heitke stated that Staff went back and looked at this situation. He indicated there 13 are two different versions, for which he will take the blame. He stated that these are the original 414 minutes submitted by TimeSavers. He indicated that he is not interpreting the criticism as being 9 COUNCIL MINUTES FEBRUARY 13, 2006 APPROVED ink415 against TimeSavers. He stated that he believes it was a problem of Staff preparing an alternative set MIF416 of minutes that got mixed in and confused. He indicated that the Staff is voting on the exact minutes 417 that were discussed and reviewed at the work session on Wednesday night. 418 419 Motion carried. Vote: 3:1:1 Councilmember Carlson opposed. Councilmember O'Donnell 420 abstained. 421 422 NEW BUSINESS 423 424 A. Reconsideration of minutes of December 19, 2005 City Council Meeting Minutes 425 426 Mayor Bergeson reviewed the motions that took place on this set of minutes. He presented the 427 options the Council could take to approve these minutes. 428 429 Councilmember Carlson clarified that she said 'the resolution on the referendum is the most effective 430 way for the Council to operate'. She stated she brings it up again because she believes it is 431 defamation, and hurts her reputation. She indicated they heard it on the tape at the work session, and 432 people are asking why this is in the minutes. She stated she is only asking for cooperation from the 433 City Council to correct the minutes. 434 435 Mayor Bergeson noted that if the motion fails it cannot be reconsidered. 436 0437 Councilmember Carlson asked that her wording replace the language 'a survey is the most effective 438 way to operate as a City Council'. 439 440 Councilmember Carlson moved to approve the minutes of the December 19, 2005 City Council 441 Meeting with the correction noted. Mayor Bergeson seconded the motion. 442 443 Motion failed. Vote: 2:2:1 Councilmembers Reinert and Stoltz opposed. Councilmember O'Donnell 444 abstained. 445 446 COMMUNITY CALENDAR February 14, 2006 THROUGH February 27, 2006: 447 448 A) Monday, February 20, 2006, City Hall Closed for Presidents' Day 449 B) Monday, February 20, 2006, 8:30 a.m. - 5:00 p.m., City Council Retreat 450 451 C) Tuesday, February 21, 2006, 8:30 a.m. - 12:00 p.m., City Council Retreat 452 453 D) Wednesday, February 22, 2006, 6:30 p.m., Environmental Board Meeting 454 455 ADJOURN 456 457 There being no further business, Councilmember Stoltz moved to adjourn at 8:28 p.m. 1,58 Councilmember Carlson seconded the motion. 459 10 COUNCIL MINUTES APPROVED 460 Motion carried unanimously. 1.461 FEBRUARY 13, 2006 462 These minutes were considered and approved at the regular Council Meeting, March 13, 2006. 463 464 465 466 467 `Julie Bartell, City Clerk 468 469 Transcribed by: 470 Karen Bucklen 471 TimeSaver Off Site Secretarial, Inc. 472 • 11