The URL can be used to link to this page

Home My WebLink About07/23/2007 Council Minutes (3)COUNCIL MINUTES July 23, 2007 APPROVED • 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : July 23, 2007 6 TIME STARTED : 6:42 p.m. 7 TIME ENDED : 8:15 p.m. 8 MEMBERS PRESENT : Council Member Carlson, O'Donnell, Reinert, 9 and Mayor Bergeson 10 MEMBERS ABSENT : Council Member Stoltz 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, William Hawkins; City 13 Engineer, Jim Studenski; Director of Public Safety, Dave Pecchia (part); and City Clerk, Julie Bartell 14 15 PUBLIC COMMENT 16 17 A representative of Gethsemane Church expressed concern that their property transaction hasn't proceeded 18 as quickly as planned. They believe the city isn't moving quickly and it could result in lost property taxes 19 or a lost development. 20 21 Mayor Bergeson requested that staff present information on the matter at the next council work session. 22 • 23 SETTING THE AGENDA 24 25 The agenda was approved as presented. 26 27 CONSENT AGENDA 28 29 Council Member Carlson moved to approve the Consent Agenda, Items lA through 1C. Council Member 30 O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 31 32 ITEM ACTION 33 34 Consideration of Expenditures: 35 36 July 23, 2007 (Check No. 80595 - 37 80704, $883,265.81) Approved 38 39 Centennial Fire District (Check No. 2774- 40 2796, $34,366.87) Approved 41 42 July 9, 2007 City Council Meeting 43 Minutes Approved 1 COUNCIL MINUTES July 23, 2007 APPROVED S44 45 46 FINANCE DEPARTMENT REPORT, AL ROLEK 47 48 There was no report from the Finance Dep.' ment. 49 50 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 51 52 There was no report from the Administration Department. 53 54 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 55 56 National Night Out (August 9, 2007) Proclamation — Public Safety Director Pecchia read the 57 proclamation announcing the 2007 National Night Out event and encouraging citizen participation. 58 59 Council Member O'Donnell moved to acknowledge and approve the Proclamation as presented. Council 60 Member Carlson seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 61 62 First Reading of Ordinance No. 08-07, Lino Lakes Crime Free Housing Code and Police Department 63 Safer Tenants and Rental (STAR) Program — Public Safety Director Pecchia explained that the Police 64 Department is proposing that the city participate in the Safer Tenants and Rental (STAR) Program, a rental 65 housing certification program that will help to provide adequate protection of public health, safety and •66 welfare as rental housing units are introduced to Lino Lakes. An ordinance supporting the regulations of 67 the STAR Program is presented for first reading. Public Safety Director Pecchia reviewed the criteria and 68 levels associated with the program and the content of the proposed ordinance. 69 70 Council Member Reinert moved that reading of the ordinance be dispensed with by unanimous consent. 71 Council Member O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz 72 absent 73 74 Council Member Carlson moved to approve first reading of Ordinance No. 08-07. Council Member 75 O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 76 77 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 78 79 There was no report from the Public Services Department. 80 81 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 82 83 Sale of City Property — Second Reading of Ordinance 06-07, Conveying City owned land to Greg 84 Anderson Development, LLC — Economic Development Coordinator Divine reported that Ordinance No. 85 06-07 is before the council for its second reading and passage. The ordinance would allow the conveyance 86 of three parcels of city -owned land on Lake Drive to Anderson Builders for commercial uses. Upon first •87 reading of the ordinance, the council discussed the importance of the realignment of 77th Street as part of 88 development of the area. The developer has now proposed to include a feasibility study on the realignment 2 COUNCIL MINUTES July 23, 2007 APPROVED •89 (Item 6Aiii on this agenda) and has obtained site control for that realignment. The development would then 90 have two distinct phases but development of the property conveyed under this ordinance is designed to 91 stand on its own whether or not the realignment and additional redevelopment occur. Ms. Divine also 92 noted that language has been added to the development plan specifying what can be built. 93 94 Council Member Carlson moved that reading of the ordinance be dispensed with by unanimous consent. 95 Council Member O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz 96 absent. 97 98 When the council asked if ponding is included, Ms. Divine explained that would be determined based on 99 the feasibility study. 100 101 Council Member O'Donnell moved to approve second reading and passage of Ordinance No. 06-07, as 102 presented. Mayor Bergeson seconded the motion. 103 104 Council discussion of moving forward included an opinion that this would be a good development and 105 concern that the feasibility study should be done before the development is approved. Ms. Divine indicated 106 that the study would fall to the developer as an additional risk; Developer Dave Anderson added that their 107 goal is to run it as a parallel effort but a contingency on the plans would hamper their discussions with 108 potential locators. Other council comments included concern that economics are bad for the sale of the land 109 now and the lower price causes it to appear as if a business subsidy is involved. 110 111 Mr. Dave Anderson responded that Anderson Builders has taken on expenses to this point in a good faith 112 effort but moving construction of the development to 2008 would mean some type of new agreement. 113 114 Council Member Carlson offered a substitute motion that the matter be tabled to the next regular meeting. 115 Mayor Bergeson seconded the motion. The motion carried; Council Member Reinert recorded as voting 116 nay; Council Member Stoltz absent. 117 118 Sale of City Property — Consideration of Resolution No. 07-100, Approving a Preliminary 119 Development Agreement with Greg Anderson Development. 120 121 Council Member Reinert moved that the matter be tabled to the next regular meeting. Council Member 122 O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 123 124 Sale of City Property — Consideration of Resolution No. 07-110, Authorizing Preparation of a 125 Feasibility Study for 77th Street Realignment — Economic Development Coordinator Divine explained 126 that TKDA, the city's engineering firm, has submitted a proposal to complete a feasibility study for a 77th 127 Street realignment project to match the street to the existing signalized Market Place Drive Intersection. 128 The cost of the feasibility study would be financed through the Anderson Builders development project if 129 that moves forward. 130 131 Council Member Reinert moved to approve Resolution No. 07-110 as presented. Council Member Carlson 132 seconded the motion. Motion carried unanimously — Council Member Stoltz absent. W33 3 COUNCIL MINUTES July 23, 2007 APPROVED 1134 Consideration of Resolution No. 07-87, Granting a Conditional Use Permit to allow Earth Material 35 Excavation (Birth & 12th Avenue) LaMotte Property — Engineer Studenski reported that a conditional 136 use permit is requested by AIT for earth material excavation of approximately 60,000 cubic yards near the 137 intersection of Birch Street and 12th Avenue South to The Preserve development. The haul route has been a 138 factor of consideration for the council and staff is now presenting an adjusted haul route to minimize the 139 impact on parks, wetlands, vegetation and roadways; time restrictions have also been included. There are 140 fourteen conditions noted in the staff report and all must be met in order to grant a permit of this type. 141 There has been public input on the process through the Planning & Zoning Board. 142 143 The council confirmed that the community impact of this project will be reduced based on the adjustments. 144 It was clarified that this permit is seen differently from a recent permit request that was denied for multiple 145 reasons cited including that this project does not have sight line roadway problems and the project has a 146 specific timeline for use of the earth materials. 147 148 Council Member Reinert moved to approve Resolution No. 07-87, as presented. Council Member 149 O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 150 151 Consideration of Resolution No. 07-83, Approving Grading Only Development Agreement, The 152 Preserve — Engineer Studenski explained that the grading agreement for The Preserve development falls in 153 line with the previous item that allows movement of materials required for grading of the development site. 154 The proposed contract is in accordance with the preliminary plat and city policy and includes provisions to 155 cover city costs. 1,56 157 Council Member O'Donnell moved to approve Resolution No. 07-83, as presented. Council Member 158 Reinert seconded the motion. Motion carried; Council Member Carlson recorded as voting nay; Council 159 Member Stoltz absent. 160 161 Consideration of Resolution No. 07-107, Accepting Bids and Awarding Contract, Lino Park Grading 162 — Engineer Studenski reported that the bidding process is complete for the Lino Park Grading Project and 163 staff is recommending acceptance of the bids and award of the contract for the project to the low bidder, Jay 164 Brothers, Inc. 165 166 Council Member Carlson moved to approve Resolution No. 07-107, as presented. Council Member 167 O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 168 169 2007 Surface Water Management Projects, Consideration of Resolution No. 07-108, Accepting 170 Quotes and Awarding Contract, Pipes Cleaning - Engineer Studenski reminded the council that this projc 171 was originally bid out but the bids were rejected due to errors in bidder calculations. It was determined that 172 separation of the pipe cleaning and outfall cleaning as projects would be a more efficient process and staff is: 173 a request for quotes. Quotes for pipe cleaning services were received and staff is recommending acceptance t 174 the quotes and award of a contract to the low quoter, Westco Environmental Services. 175 176 Council Member O'Donnell moved to approve Resolution No. 07-108, as presented. Council Member . 77 Reinert seconded the motion. Motion carried unanimously — Council Member Stoltz absent. 78 4 W179 80 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 •01 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 023 224 COUNCIL MINUTES July 23, 2007 APPROVED Consideration of Resolution No. 07-109, Accepting Quotes and Awarding Contract, Outfall Cleaning - Engineer Studenski reminded the council that this project was originally bid out but the bids were rejected du errors in bidder calculations. It was determined that separation of the pipe cleaning and outfall cleaning as projects would be a more efficient process and staff issued a request for quotes. Quotes for outfall services v received and staff is recommending acceptance of the quotes and award of a contract to the low quoter, Jay Brothers, Inc. Council Member Reinert moved to approve Resolution No. 07-109, as presented. Council Member Carlson seconded the motion. Motion carried unanimously — Council Member Stoltz absent. Consideration of Motion to Accept Quit Claim Deed and Authorizing Execution of a Quit Claim Deed, Lake/35W Improvement Project — City Attorney Hawkins explained that the matter before the council relates to property acquisitions for the I35W/Lake Drive Improvement Project. In the case of this property, the title insurance process showed some vagueness and one option is to obtain a quit claim deed from the neighbors. That has been agreed to and authorization to execute those documents is before the council now. Council Member Reinert moved to accept the quit claim deed and authorize execution of the quit claim deed, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously — Council Member Stoltz absent. UNFINISHED BUSINESS Consider approval of July 2, 2007 Council Work Session Minutes Council Member O'Donnell moved to approve the minutes, as presented. Council Member Carlson seconde, the motion. Motion carried — Council Member Reinert abstained; Council Member Stoltz absent. NEW BUSINESS There was no New Business. COMMUNITY CALENDAR JULY 24 THROUGH AUGUST 13, 2007: lk it; I- Wednesday, July 25 Thursday, August 2 Monday, August 6 Monday, August 6 Wednesday, August 8 Monday, August 13 6:30 p.m., Council Chambers 7:00 a.m., Community Room 6:30 p.m., Council Chambers 5:30 p.m., Community Room 6:30 p.m., Council Chambers 6:30 p.m., Council Chambers Environment EDAC Park Board Council Work Session Planning & Zoning Council Meeting ADJOURN There being no further business, Council Member O'Donnell moved to adjourn at 8:15 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. COUNCIL MINUTES APPROVED July 23, 2007 226 These minutes were considered and approved at the regular Council Meeting, August 13, 2007. 25 227 228 230 230 SurbP44,44:— 29 231 Juliann ell, City Cler John Bergeson, Mayor 232 •