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HomeMy WebLinkAbout05/08/2006 Council Minutes (2)• • COUNCIL MINUTES MAY 8, 2006 APPROVED CITY OF LINO LAKES MINUTES DATE : May 8, 2006 TIME STARTED : 6:33 p.m. TIME ENDED : 7:15p.m. MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; Director of Administration, Dan Tesch (part); City Planner, Jeff Smyser; Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Associate Planner, Paul Bengtson; Deputy City Clerk, Jean Viger; Police Sergeant, Bill Hammes (part); and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. SETTING THE AGENDA Item 3C, Appointment of Acting Sergeant — this item was removed from the agenda. Item 6A, Consideration of Resolution No. 06-75, Accepting Storm Water Utility Feasibility Report — this item was removed from the agenda. Item 6D, Consideration of Resolution No. 06-53, Conditional User Permit for Accessory Drive Through Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center — this item was removed from the agenda. Item 6F, Consideration of Resolution No. 06-76, Approving Change Order No. 1, Legacy at Woods Edge Phase 1 Street and Utility Improvements — this item was removed from the agenda. Item 1G, Consider Resolution No. 06-71, Approving Access Control System for City Hall — this item was moved to Item 8A under New Business. The agenda was approved as amended. CONSENT AGENDA Councilmember Stoltz moved to approve the Consent Agenda, as amended. Councilmember Carlson seconded the motion. Motion carried unanimously. 1 • COUNCIL MINUTES MAY 8, 2006 APPROVED ITEM Consideration of Expenditures: ACTION May 8, 2006 (Check No. 76506 — 76617, $451,284.19) Centennial fire District (Check No. 15177 — 15187, $58,563) Approval of April 10, 2006 City Council Meeting Minutes Approval of April 10, 2006 Council Work Session Minutes Approval of April 24, 2006 Board of Review Minutes Approval of April 24, 2006 City Council • Meeting Minutes • Approval of April 24, 2006 Council Work Session Minutes Resolution No. 06-74, Approving Annual Fireworks Permit for Sale of Consumer Fireworks at Lino Lakes Quik Stop, 6501 Ware Road Approved Approved Approved Approved Approved Approved Approved Approved FINANCE DEPARTMENT REPORT, AL ROLEK There was no report from the Finance Department. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Resolution No. 06-64, Addition of New Voting Precinct in the City of Lino Lakes, Jean Viger — Deputy City Clerk Viger stated residential growth in the City has created a need for an additional precinct. Precincts are not tied to population size. However, precincts sized much beyond 2000 registered voters can become unwieldy for election administration purposes. Staff is recommending the City Council consider adding a 7th precinct. 2 COUNCIL MINUTES MAY 8, 2006 APPROVED • Deputy City Clerk Viger referred to a map pointing out the new boundaries. The boundary changes shall not take effect until notice has been posed in the municipal clerk's office for at least 60 days. • • Councilmember O'Donnell moved to approve Resolution No. 06-64, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 06-65, Establishing an Absentee Ballot Board in the City of Lino Lakes, Jean Viger — Deputy City Clerk Viger advised the City of Lino Lakes receives hundreds of absentee ballots each election and every absentee ballot must be accepted or rejected based on the criteria set forth by Minnesota election law. Establishing an Absentee Ballot Board is an excellent way to improve the processing of absentee ballots with less chance for error as well as easing the responsibility of the election judges on Election Day. Deputy Clerk Viger stated Anoka County is willing to aid in facilitating the Absentee Ballot Board for the state elections if every city, township and school board is willing to authorize the Board through official action. Councilmember Carlson moved to approve Resolution No. 06-65, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Consider Resignation of Officer Cliff Ross — Director of Administration Tesch advised Officer Ross has informed the City he will begin a long awaited retirement effective June 23, 2006. Mayor Bergeson moved to accept the resignation of Officer Ross with much thanks. Councilmember Reinert seconded the motion. Motion carried unanimously. Consider Granting Military Leave for Melissa Hagert, Public Safety Department — Director of Administration Tesch advised Melissa Hagert with the Public Safety Department has informed the City that her National Guard Unit has been deployed to Iraq. Because she will be gone longer than the normal leave of absence allows, the Council needs to grant an official military leave. Ms. Hagert has requested an eighteen month military leave. Councilmember Stoltz moved to approve a military leave for Melissa Hagert, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Announcement and Approval of Proclamation in Support of Designating May 14 to May 20, 2006 as Police Week, and May 15 as Peace Officer's Memorial Day in the City of Lino Lakes, Dave Pecchia — Sergeant Bill Hammes advised staff is requesting that the City Council acknowledge and read the Proclamation for Police Week 2006 in support of designating May 14 to May 20, 2006 as Police Week, and May 15 as Peace Officer's Memorial Day in the City of Lino Lakes. Mayor Bergeson read Proclamation Police Week 2006. (See Proclamations Book in the City Clerk's Office) 3 • COUNCIL MINUTES MAY 8, 2006 APPROVED Councilmember Reinert moved to approve and support Proclamation Police Week 2006, designating May 14 to May 20, 2006 as Police Week, and May 15th as Peace Officer's Memorial Day, and remembering Officer Shaun Silvera. Councilmember O'Donnell seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no report from the Public Service Department. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Resolution No. 06-72, Approving a Conditional Use Permit for an Addition to the Rehbein Transit Facility at 6298 Hodgson Road, Paul Bengtson — Associate Planner Bengtson stated Rehbein Transportation is proposing an 8 foot x 100 foot awning addition to the north side of the existing facilities at 6298 Hodgson Road. The Rehbein property is covered by a conditional use permit for the existing bus transit center. Building additions such as those proposed in the application require an amendment to the Conditional Use Permit. Associate Planner Bengtson reviewed the staff analysis of the request noting the Planning and Zoning Board recommended approval subject to five conditions. • Mr. Rick Rehbein came forward and stated the reason for the request if for storage of an oil tank. Councilmember Carlson moved to approve Resolution No. 06-72, as presented. Councilmember Stoltz seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06-73, Approving a Conditional User Permit for a Dog Kennel at 7933 24th Avenue, Paul Bengtson — Associate Planner Bengtson advised Linda Ide has requested approval of a Conditional Use Permit to allow a dog kennel at 7933 24th Avenue. This application is required due to the current animal ordinance, which limits the number of dogs kept on this property. The regular limit for a property is two dogs; to exceed that number it requires a Conditional Use Permit and a Dog Kennel License. Associate Planner Bengtson reviewed the staff analysis of the request noting the Planning and Zoning Board ultimately recommended approval of the request subject to five conditions. Since that time staff has amended some of the conditions and added conditions to include nine total conditions of approval. Councilmember O'Donnell moved to approve Resolution No. 06-73, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Consider 1st Reading of Ordinance No. 07-06, Amending Ordinance No. 12-05 (the 2006 fee • schedule) by adding a Fee for Costs Related to the I -35E Corridor AUAR, Jeff Smyser — City Planner Smyser advised the City Council approved the final I -35E Corridor Alternative Urban 4 • • • COUNCIL MINUTES MAY 8, 2006 APPROVED Areawide Review (AUAR) in October 2005. Because of the extent and nature of the information and analyses in the document, the AUAR will be very useful in the Comprehensive Plan update that must be completed within the next few years. City Planner Smyser stated the City received funds from Anoka County to assist with the costs of the AUAR. The City also received funds from the developers of the Hardwood Creek project. In order to recoup the balance of the City's expenditures on the AUAR, staff is recommending that a special development fee be charged for new development in the area studied by the AUAR. This is a per -acre fee at the same rat that the Hardwood Creek developer paid: $269 per acre. The one-time fee would be charged with a new development application for development project applications that include preliminary plats, conditional use permits, site and building plans, and planned unit developments. City Attorney Hawkins advised the City has the right to reimburse itself for the fees that have already been incurred. Councilmember Reinert moved to approve First Reading of Ordinance No. 07-06, as presented. Councilmember Carlson seconded the motion. A roll call vote was taken: Five yeas and zero nays. Consideration of Resolution No. 06-77, Approving Joint Powers Agreement with State of Minnesota and County of Anoka, I -35E Preliminary Design, Michael Grochala — Community Development Director Grochala stated Anoka County in cooperation with the City of Lino Lakes and the Minnesota Department of Transportation has retained the services of SRF Consulting Group to prepare the preliminary design of the I-35E/CSAH 14 Interchange. The total estimated cost is $312,500. Community Development Director Grochala advised the Joint Powers Agreement identifies the obligations of the respective governmental agencies and funding commitments. As proposed, Mn/DOT, Anoka County and the City would equally contribute $20,833.33 towards the local match. The City's contribution will be funded by State Aid dollars. Councilmember Stoltz moved to approve Resolution No. 06-77, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. 21st Avenue Street Extension Consideration of Resolution No. 06-78, Accepting Petition and Waiver Agreement, Michael Grochala — Community Development Director Grochala stated the City of Centerville is proposing to construct a new backage road, south of Main Street, between 20th Avenue South (CSAH 54) and 21st Avenue. The proposed roadway project would also include the extension of 21st Avenue to a point approximately 900 feet south of its existing terminus. Community Development Director Grochala advised Mr. Gerald Rehbein currently owns the property affected by the improvement. Staff has spoken with Mr. Rehbein regarding the project. He is 5 COUNCIL MINUTES MAY 8, 2006 APPROVED • supportive of the project, and staff has worked with Centerville to address his previous issues with the road alignment. • • Community Development Director Grochala stated staff, following review by the City Attorney, has provided Mr. Rehbein with a Petition and Waive agreement addressing the proposed special assessments as well as the necessary street right-of-way. Consideration of Resolution No. 06-79, Approving Joint Powers Agreement with City of Centerville, Michael Grochala — Community Development Director Grochala stated 21st Avenue straddles the corporate limits of the City of Centerville and Lino Lakes. For the project to move forward, the two cities will need to enter into Joint Powers Agreement (JPA). Centerville has already prepared the JPA based, in part, on the one previously entered into for the first leg of 21st Avenue. Community Development Director Grochala stated advised that as proposed in the JPA, Lino Lakes would be responsible for 50% of the 21st Avenue extensions costs estimated at $150,000 and acquisition of the right-of-way in Lino Lakes. The City does not have this project programmed in its draft Five Year Plan and does not have a potential funding source other than special assessments to the benefiting property owner or a property tax levy. Community Development Director Grochala stated staff is currently working to determine the best financing mechanism for the project, which may include the issuance of bonds in conjunction with other projects scheduled for this year. Councilmember O'Donnell moved to approve Resolution No. 06-78, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Councilmember Carlson moved to approve Resolution No. 06-79, as presented. Councilmember Stoltz seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS Consider approval of April 5, 2006 Special City Council Minutes (joint meeting with advisory boards) — Councilmember Carlson moved to approve the April 5, 2006 Special City Council Minutes, as amended at the previous Council work session. Councilmember O'Donnell seconded the motion. Motion carried unanimously. NEW BUSINESS Consider Resolution No. 06-71, Approving Access Control System for City Hall — City Administrator Heitke stated staff is recommending the installation of an Access Control System (card readers and security management software) for City Hall. The total project cost to install an Access Control System is $20,845. Staff recommends that funding be designated from the Capital Projects Fund. 6 COUNCIL MINUTES MAY 8, 2006 APPROVED 111 City Administrator Heitke noted when City Hall is open all areas of City Hall (except employee work area) will continue to be accessible to the general public. When City Hall is secured for the evening/weekend, an access card will need to be used to access City Hall. A list of policies and procedures for management of the system has been added to the resolution. Councilmember Stoltz moved to approve Resolution No. 06-71, as presented. Councilmember O'Donnell seconded the motion. Motion carried with Councilmember Carlson voting nay. COMMUNITY CALENDAR MAY 9, 2006 MAY 22, 2006: Planning and Zoning Board, Wednesday, May 10, 6:30 p.m. YMCA Ground Breaking Ceremony, Wednesday, May 10, 5:00 p.m. ADJOURN There being no further business, Councilmember Reinert moved to adjourn at 7:15 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 22, 2006. Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 7 rge on, Mayor