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Home My WebLink About03/27/2006 Council Minutes (2)• COUNCIL MINUTES MARCH 27, 2006 APPROVED CITY OF LINO LAKES MINUTES DATE : March 27, 2006 TIME STARTED : 6:30 p.m. TIME ENDED : 7:20 p.m. MEMBERS PRESENT : Councilmember Carlson, Reinert, Stoltz and Mayor Bergeson MEMBERS ABSENT : O'Donnell Staff members present: City Administrator, Gordon Heitke; City Attorney, Barry Sullivan; Community Development Director, Michael Grochala; City Engineer, Jim Studenski; and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. SETTING THE AGENDA Item 8C, Resolution 06-54, Supporting the Passage of State of Minnesota Legislation (H.F. 3805 and S.F. 3526) Designating a Segment of Interstate Highway 35W as "Shawn Silvera Memorial Highway" was added to the regular Council agenda. Item 1Biia and 1Biib, Municipal State Aid Streets, was removed from the Consent Agenda and moved to Item 6Bii and 6Bii on the regular Council agenda. The agenda was approved as amended. CONSENT AGENDA Councilmember Reinert moved to approve the Consent Agenda, as amended. Councilmember Carlson seconded the motion. Motion carried unanimously. ITEM ACTION Consideration of Expenditures: March 27, 2006 (Check No. 76182 — 76293, $391,387.65) Approved Centennial fire District (Check No. 15097 — 15115, $6,018.70) Approved 1 COUNCIL MINUTES MARCH 27, 2006 APPROVED • Community Development: • • Resolution No. 06-39, Approving Summary of Ordinance 02-06, Legacy at Woods Edge Signage Criteria, Paul Bengtson Resolution No. 06-52, Approving Payment Request No. 1 and Change Order No. 1, 2006 Ditch and Pond Cleaning Projects, Jim Studenski Approved Approved FINANCE DEPARTMENT REPORT, AL ROLEK There was no report from the Finance Department. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Charter Amendment: First Reading of Ordinance No. 04-06 Relating to Chapter 20 of the Lino Lakes City Charter, Amending Section 2.04 to add Language Regarding Incompatible Offices, Julie Bartell — City Clerk Bartell advised two Lino Lakes residents submitted a petition requesting a Charter amendment to the City Council on September 26, 2005. The amendment would change the City Charter to not allow City Council Members (including the Mayor) to also be members of the Lino Lakes City Charter Commission. Based on a review of the petition by the City Attorney and a determination that the petitioners are not attempting to institute an amendment under Minnesota Statutes, Section 410 as the petition does not meet the requirements of that statute, the petition was found to be "advisory" in nature and considered a request for ballot consideration by the City Council. City Clerk Bartell referred to a timeline prepared by staff indicating the process and schedule such an amendment could follow in order to be presented on the November 7, 2006 ballot. She noted the second reading of the ordinance is scheduled for April 10, 2006. Councilmember Stoltz moved to approve the First Reading of Ordinance No. 04-06, as presented. Councilmember Carlson seconded the motion. A roll call vote was taken. Yeas: Councilmember Reinert, Carlson, Stoltz and Mayor Bergeson. Nays: none. Absent: Councilmember O'Donnell. Drug Lab Ordinance, First Reading of Ordinance No. 03-06 Repealing Ordinance No. 21-01 entitle Nuisances: Health Risk Exposure at Clandestine Drug Lab Sites and Chemical Dump Sites Declared to be a Nuisance, removing language from the Lino Lakes Code of Ordinance that is now covered by State Law and designated as County authority, as recommended by the City Attorney, Julie Bartell — City Clerk Bartell advised on November 13, 2001 the City Council adopted Ordinance No. 21-01, adding language to the City Code regarding drug labs, declaring such sites to be hazardous properties and further establishing abatement and assessment authority for associated costs. 2 COUNCIL MINUTES MARCH 27, 2006 APPROVED • City Clerk Bartell stated the City Administrator has now been advised by the City Attorney that the State of Minnesota has enacted as similar law that delegates responsibilities to county government. In light of this new law it would be appropriate for the City of Lino Lakes to repeal its ordinance so as to remove any conflict or confusion. Councilmember Carlson moved to approve the First Reading of Ordinance No. 03-06, as presented. Councilmember Stoltz seconded the motion. A roll call vote was taken. Yeas: Councilmember Reinert, Carlson, Stoltz and Mayor Bergeson. Nays: none. Absent: Councilmember O'Donnell. Conditional Offer of Employment for Receptionist/Secretary Position, Gordon Heitke — City Administrator Heitke advised staff is recommending a tentative offer of employment to Ms. Carol Danielson for the position of receptionist/secretary for the Administration Department. This offer is contingent upon successful completion of a background check. Staff would expect Ms. Danielson to begin with the City early next month. Councilmember Carlson moved to approve a conditional offer of employment to Ms. Carol Danielson for receptionist/secretary position. Councilmember Reinert seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no report from the Public Safety Department. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no report from the Public Service Department. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Miller Crossroads 3rd Addition: Consideration of Resolution No. 06-47, Approving Development Contract, Jim Studenski — City Engineer Studenski advised the City Council approved a preliminary plat for Miller's Crossroads on September 22, 2003. The Final Plat for Miller's Crossroads 1st Addition was approved by the City Council on January 24, 2005. Miller's Crossroads 3rd Addition provides for the construction of 32 residential units on a 2.7 acre parcel of property near the intersection of Birch Street and Hodgson Road. City Engineer Studenski reviewed the development contract noting Bruggeman Properties LLC has reviewed the contract and is aware of the conditions set forth. Councilmember Carlson moved to approve Resolution No. 06-47, as presented. Councilmember • Stoltz seconded the motion. Motion carried with Councilmember Reinert voting nay. 3 COUNCIL MINUTES MARCH 27, 2006 APPROVED • Consideration of Resolution No. 06-29, Approving Final Plat, Jim Studenski — City Engineer Studenski advises the final plat for the 3rd Addition of Millers Crossroads conforms to the approved preliminary plat. The project approval included a phasing plan in four phases, 2003 through 2006. Since the first phase did not occur in 2003, the first two phases were combined in the first final plat. • Councilmember Stoltz moved to approve Resolution No. 06-29, as presented. Councilmember Carlson seconded the motion. Motion carried with Councilmember Reinert voting nay. Municipal State Aid Streets: Consideration of Resolution No. 06-35, Revoking Municipal State Aid Street Designation (MSA 210-120-010), Jim Studenski — City Engineer Studenski advised each State Aid eligible municipality must submit an annual inventory of the City's existing and proposed State Aid routes. This documentation, submitted as a Needs Report, is the basis that MnDOT uses to determine allocation of State Aid funds. City Engineer Studenski stated the construction of Park Court, along with the topography of the existing area required M.S.A. designation to be revoked for M.S.A. 210-120-010. This segment length of 0.66 miles will be designated to a location more accurately representative of the City's future needs. Consideration of Resolution No. 06-36, Establishing Municipal State Aid Streets, Jim Studenski - City Engineer Studenski advised including the revocation of M.S.A. 210-120-010 and M.S.A. 210- 112-010, a total of 3.77 miles were available to be designated to the system per MnDOT requirements. After analysis of the City's M.S.A. system, it has been determined that the following streets should be designated as Municipal State Aid Streets: • Holly Drive East (1.36 miles) from 12th Avenue to CSAH 21 • 21st Avenue (0.96 miles) from Rehbein Street Extension to C.R. 140 • 73rd Street Extension (0.26 miles) from CSAH 21 to 21St Avenue • Robinson Drive (1.01 miles) from C.R. 53 to 4th Avenue City Engineer Studenski stated the four proposed designations total 3.59 miles. Mr. Bob Bening, 6788 East Shadow Lake Drive, came forward and asked if there is a minimum width for State Aid streets. City Engineer Studenski advised the widths of the State Aid streets would depend on what is done in those areas. Councilmember Reinert moved to adopt Resolution No. 06-35, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. Councilmember Stoltz moved to adopt Resolution No. 06-36, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. 4 COUNCIL MINUTES MARCH 27, 2006 APPROVED • UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS • • Consider Approval of March 13, 2006 City Council Meeting Minutes (Councilmember Carlson and Mayor Bergeson were absent) — The City Attorney advised three Councilmembers that attended the meeting must be present to vote on this item. Councilmember Reinert moved to table the March 13, 2006, City Council Meeting Minutes. Councilmember Stoltz seconded the motion. Motion carried unanimously. Consider Approval of March 13, 2006 Council Work Session Minutes (Councilmember Carlson and Mayor Bergeson were absent) — The City Attorney advised three Councilmembers that attended the meeting must be present to vote on this item. Councilmember Reinert moved to table the March 13, 2006 Council Work Session Minutes. Councilmember Stoltz seconded the motion. Motion carried unanimously. Resolution No. 06-54, Supporting the Passage of State of Minnesota Legislation (H.F. 3805 and S.F. 3526) Designating a Segment of Interstate Highway 35W as "Shawn Silvera Memorial Highway" — Mayor Bergeson advised State Representative Ray Vandaveer is working on this item at the State level. Mr. Vandaveer suggested a motion of support from the City Council might be helpful to move this item forward. Councilmember Reinert moved to approve Resolution No. 06-54, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR MARCH 28, 2006 THROUGH APRIL 10, 2006: Environmental Board Meeting, Wednesday, March 29, 6:30 p.m. Special City Council Meeting - Joint Meeting with Park Board, Planning and Zoning board, Environmental Board and Economic Development Advisory Committee, Wednesday, April 5, 6:30 p.m. ADJOURN There being no further business, Councilmember Stoltz moved to adjourn at 7:20 p.m. Councilmember Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, April 10, 2006. 5 COUNCIL MINUTES APPROVED MARCH 27, 2006 Julianne Ba ell, City Cl, rk John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. • •