Loading...
HomeMy WebLinkAbout05/14/2007 Council MinutesCOUNCIL MINUTES May 14, 2007 APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : May 14, 2007 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 9:00 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, William Hawkins; 13 Community Development Director, Michael Grochala; Director of Public Safety, Dave Pecchia; 14 Director of Administration, Dan Tesch; Director of Finance, Al Rolek; Police Captain, Kent Strege; 15 City Engineer, Jim Studenski; Associate Planner, Paul Bengtson; and City Clerk, Julie Bartell 16 17 PUBLIC COMMENT 18 19 No one was present to address the council regarding a matter not on the agenda. 20 21 SETTING THE AGENDA 22 •23 The agenda was amended to move the minutes of the April 23, 2007 work session to Unfinished 24 Business. 25 26 CONSENT AGENDA 27 28 Council Member Carlson moved to approve the Consent Agenda, as amended. Council Member 29 Stoltz seconded the motion. Motion carried unanimously. 30 31 ITEM ACTION 32 33 Consideration of Expenditures: 34 35 May 14, 2007 (Check No. 79956 - 36 80090, $293,374.92) Approved 37 38 Centennial Fire District (Check No. 2651- 39 2661, $24,119.33) Approved 40 41 April 23, 2007 City Council Meeting 42 Minutes Approved 43 44 41145 FINANCE DEPARTMENT REPORT, AL ROLEK COUNCIL MINUTES May 14, 2007 APPROVED S46 47 There was no report from the Finance Department. 48 49 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 50 51 Personnel Policy Update — Administration Director Tesch explained that the updated personnel 52 policy would incorporate approved benefits and policy changes since the last update in 1997. The 53 document and explanation of amendments has been readily available for staff review. 54 55 Council Member O'Donnell moved to approve the updated City of Lino Lakes Personnel Policy, as 56 presented. Council Member Carlson seconded the motion. Motion carried unanimously. 57 58 2007 Nonunion Salaries — Administration Director Tesch introduced human resources consultant 59 Ann Antonsen of Springsted, Inc, who has assisted in review of the city's nonunion wages. League of 60 Minnesota Cities survey information, representing about 75-80% of Minnesota cities, was used to 61 compare salaries and positions and develop mininum and maximum ranges. As in the past, the 65th 62 percentile was used for the management team; for other positions, a basic average. The project could 63 be continued and expanded to look at the entire city system for 2008. 64 65 Questions were raised about the possibility of including performance measures in the package and 66 about the impact the salary adjustments would have on pay equity figures. 67 • 68 Consultant Antonsen indicated that pay for performance is becoming more prevalent in the public 69 sector but only as a part of the wage equation; adding that element would probably take two or three 70 months. 71 72 Council Member Reinert moved that the matter be tabled to allow for further discussion at a council 73 work session. Council Member Carlson seconded the motion. Motion lost on a voice vote. 74 75 Council Member Stoltz moved approval of the 2007 nonunion salaries, as presented, with a 76 commitment to further discussion and evaluation of salaries at the next council work session. Council 77 Member O'Donnell seconded the motion. Motion carried on a voice vote. Council Members Carlson 78 and Reinert recorded as voting "no". 79 80 Liquor Compliance Violations — City Clerk Bartell reported that earlier in the evening the council 81 held a hearing to review the Police Department's report and recommendations relative to compliance 82 checks that were conducted on all Lino Lakes licensed liquor establishments. American Legion Post 83 566 was found to have violated the city liquor code and penalties were recommended based on the 84 city's adopted Best Practices Grid. Those monetary and other penalties can be imposed by the city 85 council. 86 87 Council Member O'Donnell moved to approve Resolution No. 07-70 as presented. Council Member 88 Stoltz seconded the motion. Motion carried unanimously. 89 • 2 COUNCIL MINUTES May 14, 2007 APPROVED 90 Request of American Legion Post 566 for Temporary 1-4 Day On -Sale Liquor License for • 91 Memorial Day Picnic — City Clerk Bartell reported that American Legion Post 566 has scheduled a 92 Memorial Day picnic and would like to fence off a portion of their property on the south side of their 93 building to be used for festivities for one day only. The Legion has applied for a temporary liquor 94 license to allow them to serve or consume alcohol in the outdoor area. The Lino Lakes Police 95 Department completed a background check and has forwarded information relating to liquor code 96 violations that have occurred at this American Legion. The department is recommending that the city 97 council deny the request for a temporary permit. 98 99 Charlie Lundgren, Commander -Elect of American Legion Post 566, addressed the Council. He will 100 be taking office on June 18 and is committed to keeping the Legion in compliance with all 101 regulations. They are willing to hire a police officer for the Memorial Day event. 102 103 Council Member O'Donnell moved to approve the temporary license with a condition that American 104 Legion Post 566 must work with the police and fire departments to ensure public safety at the event. 105 Council Member Reinert seconded the motion. Motion carried with Mayor Bergeson and Council 106 Member Stoltz recorded as voting "no". 107 108 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 109 110 Proclamation designating May 13-19, 2007 as Police Week and May 15 as Peace Officers' 111 Memorial Day - Public Safety Director Pecchia announced that the annual week of recognition for •12 the services of the nation's police officers is May 13-19 with May 15 being set aside as Peace 113 Officers' Memorial Day. 114 115 Mayor Bergeson read a portion of a City proclamation honoring the services of police officers and 116 calling upon the citizens of Lino Lakes to observe and recognize Police Week 2007 and especially the 117 dedication and work of the Lino Lakes Police Department. 118 119 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 120 121 There was no report from the Public Services Department. 122 123 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 124 125 Public Hearing regarding annual NPDES Storm Water Pollution Prevention Program 126 (SWPPP) Review — City Engineer Studenski explained that the City's Storm Water Pollution 127 Prevention Plan that allows discharge of storm water includes federal and state regulations that 128 require solicitation of input at an annual meeting concerning the plan. The city has received no input 129 in writing. Engineer Studenski reviewed the program, including the public information component, 130 and provided a map of the system. Twenty percent of the system is inspected each year. 131 132 Mayor Bergeson opened the public hearing. 133 •34 There was no one present wishing to speak. 3 COUNCIL MINUTES May 14, 2007 APPROVED �135 36 Council Member Stoltz moved that the public hearing be closed at 7:55 p.m. Council Member 137 O'Donnell seconded the motion. Motion carried unanimously. 138 139 Lake Drive/35W Interchange Improvements 140 141 i. Consideration of Resolution No. 07-68, Accepting Bids and Awarding Contract - 142 Community Development Director Grochala noted that the bids for the interchange project came in 143 high, with the lowest bid received about $715,000 over the estimate. The Minnesota Department of 144 Transportation (MnDOT) has reviewed the bid and found the process and low bid to be acceptable. 145 Included in the information provided to the council is a memorandum that explains a proposal to 146 restructure the financing plan that would provide adequate funds for the project. Director Grochala 147 explained the restructured financing will cause no change to the revenue/expenditure picture included 148 in the City's Five Year Plan. The Municipal State Aid (MSA) funds that will be used for the project 149 will be drawn down over several years to allow MSA fund availability for other projects. 150 151 Council Member O'Donnell moved to approve Resolution No. 07-68 as presented. Council Member 152 Stoltz seconded the motion. Motion carried unanimously. 153 154 ii. and iii. Consideration of Resolution No. 07-71 and No. 07-72, Approving Utility 155 Relocation Agreement with Qwest Communications and Xcel Energy - Community 156 Development Director Grochala reported that the interchange project will require some utility 157 relocation and the agreements before the council would allow for the work. Relocation would be 158 done at the utility company's expense except where it runs into the highway right-of-way. 159 160 Council Member Reinert moved to approve Resolution No. 07-71 and No. 07-72, as presented. 161 Council Member Stoltz seconded the motion. Motion carried unanimously. 162 163 iv. Consideration of Resolution No. 07-73, Request Local Road Improvement Funds 164 from State of Minnesota - Community Development Director Grochala indicated that the City has 165 been granted funds from the State for the interchange project. The funds will be distributed upon 166 acceptance by the city council. 167 168 Council Member Stoltz moved to approve Resolution No. 07-73, as presented. Council Member 169 Carlson seconded the motion. Motion carried unanimously. 170 171 Second Reading of Ordinance No. 04-07, vacating a portion of the drainage and utility 172 easements on Lots 6 and 7 of the recorded plat Oakwood View and accepting a new drainage 173 and utility easement — Associate Planner Bengtson explained that a minor subdivision was 174 administratively granted on the property to allow for construction of a side -loaded garage home plan. 175 The process also requires city council approval of a vacation of the existing easements and acceptance 176 of replacement easements. 177 110 4 COUNCIL MINUTES May 14, 2007 APPROVED 178 Council Member O'Donnell moved to approve the second reading and passage of Ordinance No. 04- W 79 07, as presented. Council Member Carlson seconded the motion. A roll call vote was taken: five 180 yeas and zero nays. Motion carried. 181 182 Cox Estates: 183 184 i. Second Reading of Ordinance No. 05-07, rezoning the property at 554 Lois Lane from 185 R (Rural) to R-1 (Single Family Residential) — Associate Planner Bengtson reported that the 186 ordinance approves a rezoning for Lois Lane property as requested by the property owner, Brennan 187 Cox, in order to accomplish a lot split to two parcels, one for the existing residence and one for a new 188 residence. First reading of the ordinance as well as the preliminary plat and MUSA allocation were 189 previously approved by the council. 190 191 Council Member Carlson moved to approve the second reading and passage of Ordinance No. 05-07, 192 as presented. Council Member Stoltz seconded the motion. A roll call vote was taken: five yeas and 193 zero nays. Motion carried. 194 195 ii. Consideration of Resolution No. 07-65, approving a Development Agreement - 196 Associate Planner Bengtson explained that approval of a development agreement for 554 Lois Lane is 197 an accompanying request to the property rezoning. 198 199 Council Member Reinert moved to approve Resolution No. 07-65, as presented. Council Member 000 O'Donnell seconded the motion. Motion carried unanimously. 201 202 iii. Consideration of Resolution No. 07-59, approving a Final Plat for a two -lot 203 residential subdivision at 554 Lois Lane - Associate Planner Bengtson explained that approval of 204 the final plat for 554 Lois Lake is an accompanying request to the property rezoning. 205 206 Council Member Reinert moved to approve Resolution No. 07-59, as presented. Council Member 207 Carlson seconded the motion. Motion carried unanimously. 208 209 Consideration of Resolution No. 07-64, approving a Final Plat for Holiday Station stores Lino 210 Lakes First Addition — Associate Planner Bengtson noted that Holiday Companies has applied for a 211 final plat for their property at 7509 Lake Drive. Staff is recommending approval of the request as it 212 conforms to the preliminary plat and conditions and has undergone city attorney review. 213 214 Council Member Stoltz moved to approve Resolution No. 07-64, as presented. Council Member 215 O'Donnell seconded the motion. Motion carried unanimously. 216 217 Consideration of Resolution No. 07-69, Approve Plans and Specifications and Authorize Ad for 218 Bids, 2007 Surface Water Management Projects — City Engineer Studenski explained that 219 maintenance of the city's storm water system is an annual project; staff is ready to seek bids for yearly 220 inspection and maintenance work on surface water management projects. Cleaning of pipes will be 221 the primary chore this year. ip22 5 COUNCIL MINUTES May 14, 2007 APPROVED P23 Council Member Carlson moved to approve Resolution No. 07-69, as presented. Council Member 24 O'Donnell seconded the motion. Motion carried unanimously 225 226 Acting Mayor O'Donnell took the chair. 227 228 2009 Street & Utility Improvement Project 229 230 i. Consideration of Resolution No. 07-66 Authorizing Preparation of Feasibility Study, 231 West Shadow Lake Drive Street & Utility Improvements 232 233 ii. Consideration of Resolution No. 07-67, Authorizing Preparation of Feasibility Study, 234 Shenandoah Area Street & Utility Improvements 235 236 City Engineer Studenski explained that a pavement management study was completed for the city in 237 1996. Based on the street reconstruction schedule included in that document, feasibility studies were 238 completed in 2003 for West Shadow Lake Drive and Shenandoah area for road reconstruction. As 239 called for by the City Charter, the projects were submitted to Lino Lakes voters that year but failed. 240 Staff continues to find that these streets warrant reconstruction and is proposing to have the existing 241 feasibility studies updated and keep open options for moving forward on the project. 242 243 The Council received a copy of a memorandum from the League of Minnesota Cities Risk 244 Management division outlining information on possible city liability and discretionary immunity. .45 246 It was noted that neighborhood issues should be addressed and knowledge and support would be 247 important elements to moving forward on the projects. The information included in the pavement 248 report should be made readily available. 249 250 Council Member Reinert moved to approve Resolution No. 07-66 and No. 07-67, as presented. 251 Council Member Stoltz seconded the motion. Motion carried. Mayor Bergeson abstained from 252 voting. 253 254 UNFINISHED BUSINESS 255 256 Consider approval of April 23, 2007 Council Work Session Minutes — Council Member Carlson 257 noted lines 40 — 42 of the minutes relating to discussion about the Vadnais Lakes Area Water 258 Management Organization (VLAWMO). She requested clarification of the statement in the draft 259 minutes that the council did not take a position. 260 261 The Council concurred on correcting the minutes to read as follows: 262 263 "Council members indicated that they did not have adequate information at the time ke-a pesitien 264 on the establishment of a storm water utility and amendments to the JPA but would support the storm 265 water management study and would consider changes to the JPA but want a copy for staff and the city 266 attorney to review. 111267 6 COUNCIL MINUTES May 14, 2007 APPROVED 268 Council Member Carlson moved to correct the minutes of April 23, 2007, as noted. Council Member 1.69 Stoltz seconded the motion. Motion carried unanimously. 270 271 NEW BUSINESS 272 273 Council Member Carlson announced that a benefit for the Paulus family would be held at St. Joseph's 274 Church on May 19. 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 .90 291 292 293 294 295 296 297 298 299 300 301 302 303 304 • Mayor Bergeson announced the passing of long time Lino Lakes resident Gunnar Kronholm. COMMUNITY CALENDAR MAY 15 THROUGH MAY 29, 2007: Tuesday, May 15 Wednesday, May 16 T• uesday, May 22 T• hursday, May 24 M• onday, May 28 Tuesday, May 29 Tuesday, May 29 Community Calendar— A Look Ahead May 15 — May 29, 2007 6:30 p.m., Council Chambers 6:30 p.m., Community Room 6:30 p.m., Council Workroom 6:30 p.m., Council Workroom Holiday — City Hall Closed 5:30 p.m., Community Room 6:30 p.m., Council Chambers Citizen Task Force, Public Forum Comp Plan Adv. Panel Citizen Task Force Citizen Task Force Memorial Day Council Work Session Council Meeting ADJOURN There being no further business, Council Member Stoltz moved to adjourn at 9:00 p.m. Council Member O'Donnell seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 29, 2007. Juli. Bartell, City Cle 7 al4,440441‘fPui John Bergeson, Mayor