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HomeMy WebLinkAbout10/09/2006 Council Minutes• COUNCIL MINUTES OCTOBER 9, 2006 APPROVED CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : October 9, 2006 6 TIME STARTED : 6:33 p.m. 7 TIME ENDED : 7:43 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; City 13 Planner, Jeff Smyser (part); Community Development Director, Michael Grochala; City Engineer, 14 Jim Studenski; Environmental Specialist, Marty Asleson (part); and City Clerk, Julie Bartell 15 16 OPEN MIKE 17 18 No one was present for open mike 19 20 SETTING THE AGENDA .21 22 Item 1E, Approve Application for Excluded Bingo Permit Requested by Centennial Middle School 23 PTA for Bingo at the School was removed from the Consent Agenda. 24 25 Item 6Aii, Consider Resolution No. 06-162, Approving Summary Publication of Ordinance No. 09-06 26 was added to the regular agenda. 27 28 The agenda was approved as amended. 29 30 CONSENT AGENDA 31 32 Council Member Reinert moved to approve the Consent Agenda, as amended. Council Member 33 Stoltz seconded the motion. Motion carried unanimously. 34 35 ITEM ACTION 36 37 Consideration of Expenditures: 38 39 October 9, 2006 (Check No. 77820 - 40 77904, $255,166.26) Approved 41 42 • 43 September 25, 2006 Council Work Session 44 Minutes Approved 45 1 • 1 COUNCIL MINUTES OCTOBER 9, 2006 APPROVED September 25, 2006 City Council Meeting 2 Minutes Approved 3 4 Approve Application for Exempt Permit for 5 Lawful Gambling from Anoka County 6 Pheasants Forever for Raffle Approved 7 8 Resolution No. 06-160, Approving Special 9 Event & Cabaret Permit for Mansetti's 10 Restaurant for a Halloween Party with Tent, 11 Music & Beer Garden on Saturday and 12 Sunday, October 28 and 29 Approved 13 14 FINANCE DEPARTMENT REPORT, AL ROLEK 15 16 There was no report from the Finance Department 17 18 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 19 20 Accept Resignation of Jeffrey Frost — City Administrator Heitke advised Mr. Jeff Frost has notified •21 the City of his intent to take a position with another municipality. Staff will begin the process to 22 replace him as soon as possible. 23 24 Council Member Carlson moved to accept Mr. Frost's resignation, as presented. Council Member 25 O'Donnell seconded the motion. Motion carried unanimously. 26 27 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 28 29 There was no report from the Public Safety Department. 30 31 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 32 33 There was no report from the Public Services Department. 34 35 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 36 37 Consider 2°' Reading of Ordinance No. 09-06, Amending the Zoning Ordinance to Modify the 38 Allowable Uses within the NB, Neighborhood Business, the LB, Limited Business and the GB, 39 General Business Zoning Districts, Jeff Smyser — City Planner Smyser advised the City Council 40 approved the first reading of this ordinance on September 25. Examinations of the differences 41 between the Limited Business and Neighborhood Business zones led to recommendation to change 42 some of the uses allowed in all three business zones. •43 44 Council Member O'Donnell moved to approve the second reading of Ordinance No. 09-06, as 45 presented. Council Member Carlson seconded the motion. 2 • 1 COUNCIL MINUTES OCTOBER 9, 2006 APPROVED A roll call vote was taken: five yeas and zero nays. Motion carried unanimously. 2 3 Consider Resolution No. 06-162, Approving Summary Publication of Ordinance No. 09-06, Jeff 4 Smyser — City Planner Smyser advised Resolution No. 06-162 is the approval of a summary 5 publication of Ordinance No. 09-06. 6 7 Council Member Carlson moved to approve Resolution No. 06-162, as presented. Council Member 8 Stoltz seconded the motion. Motion carried unanimously. 9 10 Consider 2nd Reading of Ordinance No. 10-06, Rezone Certain Real Property from LB, Limited 11 Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, Located at the 12 Southeast Corner of Birch Street and Hodgson Road, Jeff Smyser — City Planner Smyser advised 13 the City Council approved the first reading of this ordinance on September 25. The subject site is 14 located at the southeast corner of Birch Street and Hodgson Road. The rezoning changes the site 15 from LB Limited Business to NB, Neighborhood Business. 16 17 Council Member Stoltz moved to approve second reading of Ordinance No. 10-06, as presented. 18 Council Member Reinert seconded the motion. 19 20 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously. S21 22 Consideration of Resolution No. 06-158, Authorizing Distribution of Environmental Assessment 23 Worksheet for Public Comment, Nature's Refuge, Jeff Smyser — City Planner Smyser distributed 24 additional information to be included in the EAW that also included a list of agencies the EAW is 25 distributed to. 26 27 City Planner Smyser advised Nature's Refuge is a conservation development project that was the 28 topic of a May 31 presentation to a joint meeting of the City Council and all the advisory boards. The 29 site lies north of Main Street, generally between Lake Drive and Wood Duck Trail. The project 30 would have a restoration and management plan for the conservation area. 31 32 City Planner Smyser noted the City does not yet have a project application. The City does have an 33 Environmental Assessment Worksheet (EAW). Information gathered through the EAW process will 34 inform the design of the project before the submittal of a formal development application. 35 36 City Planner Smyser outlined the process for the EAW and comment period. He noted the decision to 37 distribute the EAW for public comment is not an approval of the development project. The City is 38 following the environmental review process as required by state statute and the rules of the EQB. 39 40 Council Member Reinert moved to approve Resolution No. 06-158, as presented. Council Member 41 O'Donnell seconded the motion. 42 •43 Council Member Carlson made a friendly amendment to the motion to change the text reading "very 44 preliminary discussion" to "has begun discussion" and "approximately 600 acres" changed to 45 "approximately 680 acres". 3 • 1 Council Member Reinert agreed to the friendly amendment. 2 3 Ms. Barbara Bor, 7707 20th Avenue North, came forward and stated as a private citizen she believes 4 this is a very exciting project. She indicated only 20-25% of the agencies respond to EAW's and 5 asked staff to make an effort to obtain comments from the primary agencies. 6 7 Council Member O'Donnell agreed to the friendly amendment. 8 9 Motion carried unanimously. 10 11 Consideration of Resolution No. 06-159, Accepting Bid and Authorizing Contract, Legacy at 12 Woods Edge Phase 3 — Streetscaping Improvements Alternate Bid 1, Michael Grochala - 13 Community Development Director Grochala advised sealed bids for the Legacy at Woods Edge - 14 Phase 3 Streetscaping Improvements were received and publicly opened on March 23. The project 15 was phased and bid with work identified in the Base Bid to be substantially completed in 2006. 16 Alternate 1 consists of work that is scheduled to begin in 2007. 17 18 Community Development Director Grochala stated the contract amount for Bid Alternate 1 is 19 $824,379.77. With the award of Bid Alternate 1 the total contract with Jay Brothers, Inc., will be 20 $1,549,732.38. All project funding for the improvements is in place. Ak 21 11, 22 Council Member Carlson moved to approve Resolution No. 06-159, as presented. Council Member 23 Stoltz seconded the motion. Motion carried unanimously. 24 25 Consideration of Resolution No. 06-161, Approving Request for Payment from Municipal 26 Turnback Account (Former Trunk Highway 49), Michael Grochala — Community Development 27 Director Grochala advised in 1996 the City Council entered into an agreement with the State of 28 Minnesota providing for a portion of Trunk Highway 49 to be turned back to the City. Approximately 29 .28 miles of the roadway was transferred to City jurisdiction and is now part of the City's Municipal 30 State Aid System (MSAM). 31 32 Community Development Director Grochala stated the City is currently eligible to receive a lump 33 sum payment in the amount of $955,404.00. Funds provided by the payment originate from the 34 Minnesota Highway Users Tax distribution Fund. These funds are for use by the City on the state aid 35 system. The City has several higher priority State Aid street needs, including the 35W/Lake Drive 36 Interchange, where these funds can be used. Fourth Avenue will remain on the City's State Aid 37 System and is still eligible for funding from the City's State Aid account in future years. 38 39 Council Member Reinert moved to approve Resolution No. 06-161, as presented. Council Member 40 O'Donnell seconded the motion. Motion carried unanimously. COUNCIL MINUTES OCTOBER 9, 2006 APPROVED 41 42 • 43 44 45 4 0 1 UNFINISHED BUSINESS 2 COUNCIL MINUTES OCTOBER 9, 2006 APPROVED 3 Consider Approval of August 28, 2006 Council Work Session Minutes (Tabled at meeting of 4 9/11/2006) — Council Member Carlson moved to approve the August 28, 2006 Council Work Session 5 Minutes, as presented. Council Member Stoltz seconded the motion. Motion carried unanimously. 6 7 NEW BUSINESS 8 9 There was no New Business. 10 11 COMMUNITY CALENDAR OCTOBER 9 THROUGH OCTOBER 23, 2006: 12 13 Planning and Zoning Board Meeting, Wednesday, October 11, 2006, 6:30 p.m. 14 15 Community Visioning Project, Community Forums, Eagle Brook Church, Tuesday and 16 Thursday, October 10 & 12, 2006, 6:30 p.m. 17 18 City Council Work Session, Monday October 23, 2006, 5:30 p.m. 19 20 City Council Meeting, Monday, October 23, 2006, 6:30 p.m. 1. 21 22 ADJOURN 23 24 There being no further business, Council Member Reinert moved to adjourn at 7:43 p.m. Council 25 Member Carlson seconded the motion. Motion carried unanimously. 26 27 These minutes were considered and approved at the regular Council Meeting, October 23, 2006. 28 29 30 31 32 33 34 Transcribed by: 35 Kim Points 36 TimeSaver Off Site Secretarial, Inc. 37 Ju ianne : artell, City Cl rk • 5 John Bergeson, Mayor