HomeMy WebLinkAbout08/28/2006 Council Minutes (2)COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 CITY OF LINO LAKES
• 2 MINUTES
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5 DATE : August 28, 2006
6 TIME STARTED : 6:37 p.m.
7 TIME ENDED : 8:48 p.m.
8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert,
9 Stoltz and Mayor Bergeson
10 MEMBERS ABSENT : None
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12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins;
13 Community Development Director, Mike Grochala; Chief of Police, Dave Pecchia (part); City
14 Engineer, Jim Studenski; City Planner, Jeff Smyser; Finance Director, Al Rolek (part); Chief of
15 Police, Dave Pecchia (part); and City Clerk, Julie Bartell
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18 OPEN MIKE
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20 Mr. Darold Olson, 898 Lois Lane, came forward and asked if the Council had given any consideration
21 to the noise volume for the outdoor concert at Millers on Main during Blue Heron Days.
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23 City Clerk Bartell advised there were several conditions of approval that were included in the permit.
•24 One of those conditions stated the volumes could not exceed the City's noise ordinance.
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26 Mr. Olson stated the music was very, very loud and many of his neighbors also complained about the
27 volume.
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29 Mayor Bergeson stated the City should monitor the noise for certain events. He suggested the
30 neighbors also contact City staff regarding this issue. This issue should also be addressed next year
31 during this event.
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33 SETTING THE AGENDA
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35 Item 1D, Consider Accepting Donation from Centennial Firefighters Relief Assn. for 2006 Safety
36 Camp was moved to Item 3B under Administration Department Report.
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38 The agenda was approved as amended.
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40 CONSENT AGENDA
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42 Council Member O'Donnell moved to approve the Consent Agenda, as amended. Council Member
43 Reinert seconded the motion. Motion carried unanimously.
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COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 ITEM ACTION
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3 Consideration of Expenditures:
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5 August 28, 2006 (Check No. 77445 -
6 77580, $793,359.32) Approved
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8 Centennial Fire District (Check No.
9 15302 —15316, $21,177.96) Approved
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11 August 9, 2006 Financial Retreat Minutes Approved
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13 August 14, 2006 City Council Minutes Approved
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16 FINANCE DEPARTMENT REPORT, AL ROLEK
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18 There was no report from the Finance Department.
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20 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
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22 Consider Resolution No. 06-138, Approving Off -Sale Liquor License for Brownstone Liquor,
23 Inc., dba MGM Liquors, to Open Store at 709 Apollo Drive — City Clerk Bartell advised an
• 24 application has been submitted by Brownstone Liquors, Inc., d/b/a MGM Wine & Spirits, for a new
25 off -sale liquor and tobacco license for a store to be located at 709 Apollo Drive (existing building
26 within Lino Lakes Marketplace development.
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28 City Clerk Bartell stated the application is complete, the related fees have been paid and the Lino
29 Lakes Police Department has conducted a background investigation. One concern has been raised by
30 Community Development staff regarding this application. The plans submitted for the liquor store
31 don't indicate adequate access for the deliveries the business will be receiving. The applicant will
32 need to demonstrate a suitable loading design as part of the building permit process.
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34 Mr. Steve Bergman, Eagle Liquors, came forward and stated he does not see the need for another
35 liquor store in the area. He indicated Eagle Liquors is a family owned business and does a lot within
36 the community. Three liquor stores within a five -block area is too many.
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38 Mr. Michael Keiffer, Attorney for Mr. Bergman, stated the Eagle Liquor store has been in business
39 for three years. It is a small family owned business. There are already two liquor stores in the area.
40 MGM is a big company and three stores that close will be difficult. The American dream will be put
41 to the test. The Eagle Liquor store can serve the community. This will end up being a very difficult
42 situation and there are other areas within the City that may provide a better location for another liquor
43 store.
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COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 City Attorney Hawkins stated the City is obligated to look at the requirements in the zoning ordinance
• 2 and liquor ordinance. There are no restrictions regarding proximity of the similar businesses. It is
3 very clear that the City cannot be involved in the marketplace or fair competition of businesses. If all
4 requirements have been met there is nothing in the ordinances to deny the application.
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6 Council Member Reinert moved to adopt Resolution No. 06-138, as presented. Council Member
7 Stoltz seconded the motion.
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9 Council Member Carlson requested the statement "The applicant is aware that approval is subject to
10 all the provisions and conditions of the laws of the city, state and federal government and will comply
11 with all of them" is added to the resolution.
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13 Council Member Reinert and Council Member Stoltz agreed to the addition for approval.
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15 Motion carried unanimously.
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17 Consider Accepting Donation from Centennial Firefighters Relief Assn. for 2006 Safety Camp -
18 Finance Director Rolek stated as has been done in past years, the Centennial Fire Relief Association
19 has made a contribution to the Centennial Fire District to defray the cost of the annual Safety Camp.
20 The method of funding for this is through charitable gambling proceeds.
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22 Finance Director Rolek advised that in the past, the charitable gambling proceeds have been donated
23 to and accepted by the City of Lino Lakes, as a participant in the joint powers agreement, and a check
• 24 in the same amount was issued to the Centennial Fire District for the purchase.
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26 Council Member Carlson moved to accept the donation of charitable gambling proceeds from the
27 Centennial Firefighters Relief Association in the amount of $1,500 and authorize the issuance of a
28 check in the amount of $1,500 to the Centennial Fire District to defray the cost of the annual Safety
29 Camp. Council Member O'Donnell seconded the motion. Motion carried unanimously.
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31 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
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33 Approval to Establish a Drug Forfeiture Cash Reserve Fund to be used for Law Enforcement
34 Activities — Chief Pecchia advised the City receives drug forfeiture funds from time to time. Based
35 on the State Law and the Department's Policies and Procedures, these funds must be expended for
36 Law Enforcement purposes. It is the Department's goal to establish a cash reserve fund to use for the
37 purchase of illegal drugs, flash rolls, rewards for information leading to arrests and prosecution for
38 serious offenders.
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40 Chief Pecchia stated the monies from this fund should only be disbursed upon the approval of the
41 Chief of Police or his designee. The amount and use of the funds for each transaction will be tracked
42 according to standard governmental accounting practices. The Department will utilize $5,000 from
43 its existing drug forfeiture fund to establish this account.
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COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 Council Member Stoltz moved to approve the designating forfeiture revenues, as presented. Council
• 2 Member Carlson seconded the motion. Motion carried unanimously.
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4 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
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6 There was no report from the Public Service Department.
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8 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
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10 Consideration of Ordinance No. 06-06, Rezone to Planned Unit Development, and Resolution
11 No. 06-137, Approval of Development Stage Plan/Preliminary Plat and Allocation of MUSA
12 Reserve for The Preserve, Integra Homes, Jeff Smyser — City Planner Smyser advised Integra
13 Homes has requested approval of a single family residential development called The Preserve. The
14 Comprehensive Plan guides the site for low density residential use. The northern part of the site is
15 within the existing MUSA and zoned R-1, but the southern part will need MUSA and rezoning.
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17 City Planner Smyser stated The Preserve project is the City's next opportunity to implement the
18 Parks, Natural Open Space/Greenway and Trail System Plan through the use of a conservation
19 development. Staff has worked with the developer to pursue the City's public values and
20 conservation development goals. The project includes restoration and preservation of quality
21 wetlands and upland areas, and fills in one more piece of the greenway vision.
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•23 City Planner Smyser stated a planned unit development (PUD) is being used on this project because
24 standard zoning requirements do not accommodate the natural features and the restoration plan. The
25 project will require rezoning to planned unit development, approval of a PUD development stage
26 plan/preliminary plat, and three acres of MUSA reserve.
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28 City Planner Smyser provided the staff analysis of the proposed development noting staff is
29 recommending approval of the application.
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31 Mr. Brian Barassa, representative for the developer, came forward and stated the developer plans to
32 build on some of the lots but also sell some of them to other builders. He stated the price range for
33 the homes would be between $400,000 and $500,000.
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35 Mayor Bergeson advised information regarding the details on the housing is not required but is
36 preferred.
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38 Mr. Michael Kreavy, 1047 Aspen Lane, came forward and stated some of the invasive species in the
39 area will be removed but not within the whole area. He asked how the restoration would be
40 monitored and managed to keep the invasive species out of the area that it was removed.
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42 City Planner Smyser stated there is a management plan that includes an on-going maintenance plan.
43 He provided the details of the management plan noting the homeowners association would have to
44 come to the City every year to ensure compliance of the plan.
• 45
COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 The Council requested information from the project consultant regarding maintenance dollars and if
• 2 the homeowners association would be collecting enough to maintain the area. The Council also
3 requested the project consultant be present at the next regular Council meeting to answer specific
4 questions about the restoration area.
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6 Mr. Chad Hoffner, 1055 Aspen Lane, came forward and asked who would be ensuring that the pond
7 is maintained. He indicated safety and traffic in the neighborhood is an issue. The concern is the
8 park in the area as it is already very congested there. He stated he would like to get the park traffic off
9 the street and possibly make the parking lot larger.
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11 City Planner Smyser stated the pond is the City's responsibility to maintain. The City has yet to
12 determine how to do that. He indicated staff did look at the parking issue in that area. Part of the
13 approval will only allow parking on one side of the street. Staff believes that will eliminate parking
14 issues.
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16 The Council directed staff to look into the possibility of expanding the parking on only one side of the
17 street within the entire area.
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19 Council Member O'Donnell moved to approve first reading of Ordinance No. 08-06, as presented.
20 Council Member Reinert seconded the motion.
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22 Council Member Carlson outlined her reasons for denying approval that included the road access,
jek 23 length of the cul-de-sac, access from the west through the Saddle Club property and the City's cost of
lip 24 $125,000 for restoration.
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26 Council Member O'Donnell clarified the motion to approve does not include an additional $125,000
27 for further restoration to be paid by the taxpayers.
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29 A roll call vote was taken: four yeas and one nay by Council Member Carlson.
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31 Motion carried.
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33 Council Member Reinert moved to approve Resolution No. 06-137, as presented. Council Member
34 Stoltz seconded the motion.
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36 Mayor Bergeson requested staff to further investigate emergency vehicle access on the cul-de-sac.
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38 Motion carried with Council Member Carlson voting nay.
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40 Consideration of Resolution No. 06-139, Approving City of Lino Lakes Right of Way Plat NO.
41 3, Lake Drive/35W Interchange Reconstruction, Michael Grochala — Community Development
42 Director Grochala stated as part of the Lake Drive/35W Interchange reconstruction project the City
43 will need to acquire permanent right-of-way, drainage and utility easements and temporary
44 construction easements. The acquisition process affects sixteen (16) parcels.
• 45
5
COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 Community Development Director Grochala stated Short, Elliott, Hendrickson, the City's consulting
• 2 engineer, has prepared a right-of-way plat describing the parcels affected by the proposed acquisition.
3 The plat has been prepared in accordance with Minnesota Statutes 505.1793.
4
5 Community Development Director Grochala outlined the process the City would follow if property
6 owners to not come to an agreement during the acquisition process.
7
8 Ms. Bernadine Skoglund, resident came forward and inquired about the location of the driveway.
9 Community Development Director Grochala referred to a drawing pointing out the location of the
10 driveway.
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12 The Council directed staff to further investigate the issue of screening for residents.
13
14 Council Member Stoltz moved to approve Resolution No. 06-139, as presented. Council Member
15 O'Donnell seconded the motion. Motion carried unanimously.
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17 Consideration of Resolution No. 06-140, Authorizing Acquisition of Tax Forfeit Properties,
18 Michael Grochala — Community Development Director Grochala stated Anoka County has notified
19 the City that two parcels within Lino Lakes forfeited to the State of Minnesota on August 29, 1990.
20
21 One property is located at the intersection of 179th and Nancy Drive and the other is located at the
22 intersection of 74th Street and Jon Avenue. Both properties are part of the City's Surface Water
23 Management system with ponds constructed on each of them.
• 24
25 Council Member O'Donnell moved to approve Resolution No. 06-140, as presented. Council
26 Member Reinert seconded the motion. Motion carried unanimously.
27
28 Consideration of Resolution No. 06-141, Approving Classification and Sale of Tax Forfeit
29 Properties, Michael Grochala — Community Development Director Grochala stated Anoka County
30 has notified the City that a parcel of property in Lino Lakes has tax forfeited to the State of
31 Minnesota.
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33 Community Development Director Grochala advised the property listed for classification is located in
34 the Apollo Business Park. The resolution notifies the County that the City wishes to withhold the
35 property from public sale because it is unbuildable, and is a part of the City's Surface Water
36 Management system.
37
38 Council Member Reinert moved to approve Resolution No. 06-141, as presented. Council Member
39 Stoltz seconded the motion. Motion carried unanimously.
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41 UNFINISHED BUSINESS
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43 There was no Unfinished Business.
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COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 NEW BUSINESS
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Consider Approval of August 7, 2006, Council Work Session Minutes (Council Member Stoltz
was absent) — Council Member Carlson referred to page 1, line 27, and added "and if screening met
the 80% zoning requirement" to the last sentence.
Council Member Carlson moved to approve the August 7, 2006 Council Work Session Minutes, as
amended. Council Member Reinert seconded the motion. Motion carried with Council Member
Stoltz abstaining.
COMMUNITY CALENDAR AUGUST 15, 2006 THROUGH AUGUST 28, 2006:
City Hall Closed for Labor Day, Monday, September 4, 2006
Park Board Meeting, Tuesday, September 5, 2006, 6:30 p.m.
Council Work Session, Wednesday, September 6, 2006, 4:30 p.m. (rescheduled from September
4, 2006)
Candlelight Vigil for Officer Shawn Silvera, Wednesday, September 6, 2006, 7:30 p.m.
There being no further business, Council Member Reinert moved to adjourn at 8:48 p.m. Council
Member O'Donnell seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, September 11, 2006.
e Bartell, City Cl
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
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John Bergeson, Mayor