HomeMy WebLinkAbout07/09/2007 Council MinutesCOUNCIL MINUTES July 9, 2007
APPROVED
1 CITY OF LINO LAKES
. 2 MINUTES
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5 DATE : July 9, 2007
6 TIME STARTED : 6:35 p.m.
7 TIME ENDED : 11:45 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, William Hawkins;
13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; and City Clerk,
14 Julie Bartell
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16 PUBLIC COMMENT
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18 Katy Allen, Allure Salon/Spa, Spirit Hills Center, asked if the council will be working on parking
19 issues at Spirit Hills Center and, if so, can the tenants get something in writing that she can share with
20 other tenants. Clarification and communication is needed that the parking is a city versus property
21 owner issue and not a tenant issue.
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• 23 Mayor Bergeson promised that anything that staff prepares on the matter will be shared with the
24 tenants; he is not aware that there is any new information since the council last saw Ms. Allen.
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26 SETTING THE AGENDA
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28 The agenda was approved as presented.
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30 SPECIAL GUESTS
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32 The council received a state legislative update from Senator Sandra Rummel and Representative Paul
33 Gardner. Senator Rummel provided a written update. Representative Gardner reviewed his work in
34 the area of transportation and the new Anoka County library. He will continue his efforts to get more
35 transportation funding to cities as well as some form of property tax relief. He has introduced and/or
36 worked on bills to support area trail funding, library bond funding and a proposal to address the
37 problem with theft of metal from housing.
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39 CONSENT AGENDA
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41 Council Member Carlson moved to approve the Consent Agenda. Council Member Stoltz seconded
42 the motion. Motion carried unanimously.
43
44 ITEM ACTION
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COUNCIL MINUTES July 9, 2007
APPROVED
•46 Consideration of Expenditures:
47
48 July 9, 2007 (Check No. 80455 —
49 80594, $413,340.33) Approved
50
51 Centennial Fire District (Check No. 2765-
52 2773, $1,231.36) Approved
53
54 Consider not waiving monetary limits on tort liability Approved
55 per Minnesota Statutes, Section 466.04
56
57 Consideration of Resolution No. 07-105, Approving Approved
58 Payment Request No. 3 (Final) and Compensating Change
59 Order No. 2, 2006 Pond and Ditch Cleaning Projects,
60 Jim Studenski
61
62 Accepting Donation from Barbara Bor for Heron Rookery Approved
63 Aerial Photography, Marty Asleson
64
65 FINANCE DEPARTMENT REPORT, AL ROLEK
66
67 There was no report from the Finance Department.
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69 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
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71 Consideration of Resolution No. 07-101, approving a special event and parade permit for the
72 2007 Blue Heron Days festival — City Clerk Bartell explained that the Blue Heron Days Committee
73 is finalizing plans for the annual community festival to take place the weekend of August 17 through
74 August 19. Events scheduled for this year's festival are a parade on Lake Drive, a 5K run, the Chili
75 Dog mile, city ambassador program with coronation ceremony, a petting zoo, medallion hunt, as well
76 as a bike rodeo and business expo at the Community green. The city has received an application for a
77 special event and parade permit for the festival.
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79 Staff, including the police and fire departments, have reviewed the applications and have signed off
80 on the permits with the understanding that the applicants will continue to follow instruction on safety,
81 signage and parking up to and through the festival. Staff recommends approval of the permits.
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83 Council Member Reinert moved to approve Resolution No. 07-101, as presented. Council Member
84 O'Donnell seconded the motion. Motion carried unanimously.
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86 Consideration of Resolution No. 07-106, approving a special event permit and 1 to 4 day
87 temporary on -sale liquor license for the American Legion Post 566 Blue Heron Days Family
88 Picnic — City Clerk Bartell reported that American Legion Post 566 has scheduled a special event for
89 Saturday, August 18, 2007, during the Blue Heron Days festival. The event plans include a pig roast,
• 90 corn feed, horseshoe tournament, music and sumo wrestling.
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COUNCIL MINUTES July 9, 2007
APPROVED
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92 The Legion would like to fence off a portion of their property on the south side of their building to be
93 used for picnic festivities on this day only. The Minnesota Alcohol and Gambling Enforcement
94 Division require a 1 to 4 Day Temporary On -Sale Liquor License to allow the consumption of alcohol
95 in the outdoor area.
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97 The Legion has submitted to the City an application for both a special event permit and temporary
98 liquor license. The applications have been reviewed by staff, including the police and fire
99 departments, and the applicant has been provided with a list of safety conditions. The applicant has
100 agreed to comply with the conditions and to address any other safety considerations that may arise.
101
102 Council Member O'Donnell moved to approve Resolution No. 07-106, as presented. Council
103 Member Carlson seconded the motion. Motion carried unanimously.
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105 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
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107 There was no report from the Public Safety Department.
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109 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
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111 There was no report from the Public Services Department.
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di 13 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
114
115 First Reading of Ordinance 06-07 conveying City owned land to Greg Anderson Development,
116 LLC — Community Development Director Grochala advised that Anderson Builders has submitted a
117 conceptual development plan for the three acres of vacant city -owned land on Lake Drive north of
118 77th Street. They have proposed a combination of medical and other professional office space with a
119 retail component. A purchase agreement is before the council.
120
121 The council noted some concern about the amount being offered for the property. There was a
122 recommendation to include specific information on what could be built on the site within the
123 development agreement and to ensure that the city wouldn't have to buy back any of the property for
124 right-of-way if 77th Street is to be realigned. Also, the retail space across Lake Drive seems to be
125 under filled.
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127 Attorney Hawkins suggested that additional information could be added to Exhibit I of the
128 documents.
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130 Council Member Stoltz moved to approve First Reading of Ordinance No. 06-07, as presented.
131 Council Member O'Donnell seconded the motion.
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133 A roll call vote was taken: four yeas and one nay. Council Member Reinert voted no. Motion
134 carried.
.135
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COUNCIL MINUTES July 9, 2007
APPROVED
W36 Consideration of Resolution No. 07-100, Approving a Preliminary Development Agreement
37 with Greg Anderson Development — Community Development Director Grochala explained that a
138 preliminary development agreement regarding the Lake Drive/77th Street property with Anderson
139 Builders is proposed. This preliminary agreement would outline what would need to occur, including
140 a feasibility study of the 77th Street realignment, before conveyance of the property for development
141 would be considered.
142
143 There was some concern among the council that this would not be a good proposition for the city
144 since development is at a low period and that has deflated the value of the land. The realignment of
145 77th Street is a positive however that doesn't appear to be guaranteed.
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147 Council Member O'Donnell moved to approve Resolution No. 07-100, as presented. Council
148 Member Stoltz seconded the motion.
149
150 The council discussed the merits of postponing approval of the preliminary development agreement to
151 be considered at the same time as the second reading of Ordinance No. 06-07 that conveys the land.
152
153 The motion was withdrawn by Council Members O'Donnell and Stoltz.
154
155 Council Member Reinert moved to table Resolution No. 07-100. Council Member Carlson seconded
156 the motion. A voice vote was taken and Mayor Bergeson voted no. Motion carried.
157
•58 Mayor Bergeson left the meeting and Acting Mayor O'Donnell took the Chair.
159
160 Public Hearing, West Shadow Lake Drive Improvement Project — City Engineer Studenski
161 explained that in accordance with the Pavement Management Plan, the council ordered a feasibility
162 study update for the reconstruction of West Shadow Lake Drive, including widening of the street and
163 the addition of city sanitary sewer and water. Staff conducted a neighborhood meeting on June 28
164 regarding the project. According to the process required by the city charter, the council is to conduct
165 a public hearing to be followed by a 60 day waiting period after which the matter can be placed on the
166 ballot. Engineer Studenski provided a full review of the project elements including an explanation of
167 why a grinder pump rather than a lift station is recommended.
168
169 It was noted that the council has been advised in a legal sense to put this matter on the ballot because
170 the city could be held liable for dangerous roadway and must continue to attempt, through the allowed
171 process, to get the roadways repaired.
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173 The public hearing was opened.
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175 Mike Trehus, 675 Shadow Court. The charter allows citizens to accept or reject improvement
176 projects. Questions on this project remain unanswered and there are too many details that "will be
177 worked out later." Residents should have all the details before being asked to make a decision. He
178 doesn't support widening of the street, drainage or tree removal, and noted several major roadways
•179 that he has measured and found to be less wide than what is proposed for West Shadow Lake Drive.
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COUNCIL MINUTES July 9, 2007
APPROVED
W80 This will not be a safer roadway, the cost is too high, overlay would be a better option and the city is
81 not being flexible about working with the residents.
182
183 Charles Puskas, 6994 West Shadow Lake Drive. Concerned about safety and the condition of the
184 roadway, as well as bike use and emergency vehicle access. The improvement plan was receptive to
185 neighborhood input and makes sense to him. The cost will be extended over a number of years.
186
187 Joe Meyer, 6988 West Shadow Lake Drive. Residents have commented and the engineer has listened
188 and has presented a good proposal. This project is needed as a basic city service.
189
190 James Stern, 6820 West Shadow Lake Drive. A 22 year resident who believes that improvements
191 would be wise.
192
193 Engineer Studenski responded that the engineers have tried to put together the best project possible
194 after listening to resident concerns. Ponding is a necessary element and there is certainly an attempt
195 to minimize the loss of trees.
196
197 The council recommended that the city must be sensitive to the issue of trees and to compensate fully
198 for any loss. Staff was asked to explain how one lot that 17 different owners use for lake access will
199 be affected.
200
201 Engineer Studenski responded that there is no intent to take away use of that parcel. There is a
002 question about how many of the original 17 owners are still involved.
203
204 Council Member Reinert moved to close the public hearing at 9:00 p.m. The motion was seconded
205 by Council Member Stoltz. Motion carried on a voice vote. Mayor Bergeson was absent.
206
207 Public Hearing, Shenandoah Area Improvement Project — Engineer Studenski explained that in
208 accordance with the Pavement Management Plan, the council ordered a feasibility study update for
209 the reconstruction of the Shenandoah area, including the addition of city water. Staff conducted a
210 neighborhood meeting on June 28 regarding the project. According to the process required by the city
211 charter, the council is to conduct a public hearing to be followed by a 60 day waiting period after
212 which the matter can be placed on the ballot. Engineer Studenski provided a full review of the project
213 elements.
214
215 The public hearing was opened.
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217 Gerald Berg, 6489 Totem Trail. Asked what will be done to enhance the sewer system and how long
218 will the assessment last.
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220 Bob Bayer, 6490 Hokah Drive. Opposed to the project as there is no clear advantage for the high cost
221 to the residents. The water table in the area is plenty high and wells work fine with little chance of
222 future failure. He will be working to put together a petition and would like to be informed of the
223 appropriate language.
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COUNCIL MINUTES July 9, 2007
APPROVED
Aik225 Diane Tietje, 6449 Hokah Drive. The streets in the area are well constructed with good drainage.
26 She'd be interested in knowing exactly where the professionals see a problem. She doesn't support
227 the addition of city water at this time.
228
229 The council asked staff if the project elements can be divided.
230
231 Engineer Studenski explained that the decision on the project is the councils. Road reconstruction
232 means that the street would be dug up and that's an opportunity to do work under the street.
233
234 The council asked that staff investigate ways that assessments can be dealt with, such as with Vicki
235 Lane.
236
237 Council Member Reinert moved to close the public hearing at 9:38 p.m. The motion was seconded
238 by Council Member Stoltz. Motion carried on a voice vote. Mayor Bergeson was absent.
239
240 Mayor Bergeson took the Chair.
241
242 Consideration of Resolution No. 07-104, Approving Joint Powers Agreement with City of Circle
243 Pines, Russian Baptist Church Utility Extension - City Engineer Studenski stated that the Russian
244 Baptist Church at 5 Ash Street is requesting a water connection to a Circle Pines water main.
245 Originally they had planned on a well. It would be appropriate for the city to execute the proposed
246 joint powers agreement with the City of Circle Pines defining the terms and responsibilities of the
.47 connection arrangements.
248
249 Council Member Carlson moved to approve Resolution No. 07-104, as presented. Council Member
250 O'Donnell seconded the motion. Motion carried unanimously.
251
252 Consideration of Resolution No. 07-102, Approving Joint Powers Agreement with Anoka
253 County for Hodgson Road Bridge — Community Development Director Grochala explained that
254 Anoka County relocated a city water main in the course of the reconstruction of the bridge over Rice
255 Creek on Hodgson Road. The proposed joint powers agreement establishes the funding
256 responsibilities.
257
258 Council Member Stoltz moved to approve Resolution No. 07-102, as presented. Council Member
259 Reinert seconded the motion. Motion carried unanimously.
260
261 UNFINISHED BUSINESS
262
263 There was no Unfinished Business.
264
265 NEW BUSINESS
266
267 Consider approval of June 25, 2007 Council Work Session Minutes
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*69 Consider approval of June 25, 2007 City Council Minutes
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COUNCIL MINUTES July 9, 2007
APPROVED
.70
71 Council Member O'Donnell moved to approve the minutes, as presented. Council Member Carlson
272 seconded the motion. Motion carried. Council Member Stoltz and Mayor Bergeson abstained.
273
274 Report of the Citizen's Task Force to Review Charter Provisions Pertaining to Local
275 Improvements — Task Force Chair Kathi Gallup announced the other members of the task force:
276 Peter Brown, Judi Brunner, Laura Carlson, Stephanie Johnson, Jon Latham, Grant Ross, Cheryl
277 Sanchez and Jamie Stern.
278 A PowerPoint presentation outlining the work and the recommendations of the task force was given.
279 The full report is available on the city's Web site for review.
280 Council Member Reinert moved to accept the report with many thanks to the task force members for
281 their dedication and work. Council Member Stoltz seconded the motion. Motion carried on a voice
282 vote. Council member Carlson voted no.
283 First Reading of Ordinance No. 07-07, Amending Chapter 8 of the Lino Lakes City Charter,
284 regarding Public Improvements and Special Assessments
285 City Attorney Hawkins first confirmed that state law would allow that the ordinance could be referred
286 to the Charter Commission after first reading.
287 Administrator Heitke pointed out Section 4 of the ordinance and noted that Subdivision 4 is shown as
.
88 deleted. He believes that would be a policy decision for the council.
89
290 City Attorney Hawkins explained that he is recommending the deletion of that language as leaving it
291 would impact projects by making bonds taxable versus non taxable.
292
293 When a council member noted that there is no language apparent regarding what can be done for
294 people facing multiple assessments, Community Development Director Grochala explained that
295 deferments are allowed.
296
297 Administrator Heitke pointed out Section 3 of the ordinance and noted that Subdivision 5 could be a
298 policy discussion.
299
300 Council Member O'Donnell moved to approve First Reading of Ordinance No. 07-07, with the
301 following amendment:
302
303 - Remove Section 3, Subdivision 5 with the understanding that a policy will be put in place
304 establishing an appropriate waiting period;
305
306 (Section 4, Subdivision 4 was retained as presented.)
307
308 Council Member Reinert seconded the motion.
309
10 At the request of a council member, the entire text of the ordinance was read aloud.
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COUNCIL MINUTES
APPROVED
July 9, 2007
A roll call vote was taken: four yeas and one nay. Council Member Carlson voted no. Motion
carried.
COMMUNITY CALENDAR NOVEMBER 28 THROUGH DECEMBER 8, 2006:
4 Wednesday, July 11
4 Thursday, July 19
4 Monday, July 23
4 Monday, July 23
6:30 p.m. Council Chambers
6:30 p.m., Police Work Room
5:30 p.m., Community Room
6:30 p.m., Council Chambers
Planning & Zoning
Charter Commission
Council Work Session
Council Meeting
ADJOURN
There being no further business, the meeting was adjourned at 11:45 p.m.
These minutes were considered and approved at the regular Council Meeting, July 23, 2007.
Julianne : artell, City Cl: k
8
$44,874
John Bergeson, Mayor