Loading...
HomeMy WebLinkAbout07/09/2007 Council MinutesCOUNCIL MINUTES July 9, 2007 APPROVED 1 CITY OF LINO LAKES . 2 MINUTES 3 4 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 11 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 15 16 PUBLIC COMMENT 17 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. 22 • 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. 25 26 SETTING THE AGENDA 27 28 The agenda was approved as presented. 29 30 SPECIAL GUESTS 31 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. 38 39 CONSENT AGENDA 40 41 Council Member Carlson moved to approve the Consent Agenda. Council Member Stoltz seconded 42 the motion. Motion carried unanimously. 43 44 ITEM ACTION • 45 1 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. • 68 69 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 70 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. 78 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. 82 83 Council Member Reinert moved to approve Resolution No. 07-101, as presented. Council Member 84 O'Donnell seconded the motion. Motion carried unanimously. 85 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. 2 COUNCIL MINUTES July 9, 2007 APPROVED S91 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. 96 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. 104 105 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 106 107 There was no report from the Public Safety Department. 108 109 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 110 111 There was no report from the Public Services Department. 112 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. 126 127 Attorney Hawkins suggested that additional information could be added to Exhibit I of the 128 documents. 129 130 Council Member Stoltz moved to approve First Reading of Ordinance No. 06-07, as presented. 131 Council Member O'Donnell seconded the motion. 132 133 A roll call vote was taken: four yeas and one nay. Council Member Reinert voted no. Motion 134 carried. .135 3 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. 146 147 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. 172 173 The public hearing was opened. 174 175 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. 4 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. 216 217 Gerald Berg, 6489 Totem Trail. Asked what will be done to enhance the sewer system and how long 218 will the assessment last. 219 220 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. •24 5 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 268 *69 Consider approval of June 25, 2007 City Council Minutes 6 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. 311 7 .12 13 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 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