HomeMy WebLinkAbout08/13/2007 Council MinutesCOUNCIL MINUTES August 13, 2007
APPROVED
•1 CITY OF LINO LAKES
2 MINUTES
3
4 DATE : August 13, 2007
5 TIME STARTED : 6:32 p.m.
6 TIME ENDED : 8:50 p.m.
7 MEMBERS PRESENT : Councilmember Carlson, Stoltz, Reinert,
8 and Mayor Bergeson
9 MEMBERS ABSENT : Councilmember O'Donnell
10
11 Staff members present: City Administrator, Gordon Heitke; City Attorney, William Hawkins;
12 Associate Planner, Paul Bengston; Economic Development Coordinator, Mary Alice Divine;
13 Public Safety Director, Dave Pecchia (part); City Engineer, Jim Studenski; and City Clerk,
14 Julie Bartell; Fire Chief, Milo Bennet; Building Official, Pete Kluegel.
15
16 PUBLIC COMMENT
17
18 John DeHaven, 1612 Birch Street, requested city assistance in his attempt to secure a reverse
19 mortgage on a 15 acre property. The federal government will only allow a 3 acre parcel but
20 the city has some control beyond that.
21
22 The council directed staff to review the issue and report at a future work session.
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24 SETTING THE AGENDA
25
26 The agenda was amended to move Consent Items 1C and 1D to New Business.
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28 LINO LAKES AMBASSADORS PRESENTATION
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30 2006-1007 Lino Lakes Ambassadors Amanda Lewis, Molly MacNeil, and Crystal Biljan
31 announced the 2007-2008 Ambassadors coronation ceremony on Sunday, August 19, thanked
32 the council for the opportunity to represent the city for the past year, and presented a first
33 place float trophy. The candidates for 2007-2008 were introduced (two candidates were not
34 present).
35
36 CONSENT AGENDA
37
38 Council Member Stoltz moved to approve the Consent Agenda, as amended. Council
39 Member Carlson seconded the motion. Motion carried unanimously — Council Member
40 O'Donnell absent.
41
42 ITEM ACTION
43 Consideration of Expenditures:
44
• 45 August 13, 2007 (Check No. 80705 -
46 80870, $$1,611,121.69) Approved
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COUNCIL MINUTES August 13, 2007
APPROVED
47
48 Centennial Fire District (Check No. 2797-
49 2809, $2,583.45) Approved
50
51 Resolution No. 07-115, Approving Approved
52 Agreement with Anoka County for
53 2007 Residential Recycling Program
54
55 FINANCE DEPARTMENT REPORT, AL ROLEK
56
57 Accept donation from Centennial Firefighters Relief Association for safety camp costs -
58 City Administrator Heitke explained that the relief association wishes to donate $1,500 in
59 charitable gambling funds for safety camp expenses. The city has the authority to accept the
60 funds on behalf of the Centennial Fire District and issue a check to them.
61
62 Council Member Carlson moved to accept the donation with thanks from the city. Motion
63 seconded by Council Member Stoltz. Motion carried unanimously — Council Member
64 O'Donnell absent.
65
66 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
67
68 Resolution No. 07-117, Approving 2007-2008 Goals — Administrator Heitke reviewed the
69 2007-2008 Goals, Objectives and Management Action Plan using a PowerPoint presentation.
70 The resolution approving the goal plan includes a quarterly review requirement.
71
72 The council discussed a concern that the goals should be considered earlier in the year, a
73 member announced an inability to vote for the goals because of concern about some details
74 included in the report, and a comment was made that the goals are refreshingly proactive and
75 the two year time frame allows a look ahead.
76
77 Council Member Stoltz moved to approve Resolution No. 07-117, as presented. Council
78 Member Reinert seconded the motion. The motion was approved; Council Member Carlson
79 abstained; Council Member O'Donnell absent.
80
81 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
82
83 Second Reading and Passage of Ordinance No. 08-07, Lino Lakes Crime Free Housing
84 Code and Police Department Safer Tenants and Rental (STAR) Program — Public Safety
85 Director Pecchia briefly reviewed the proposal that establishes a rental housing certification
86 program that will help to provide adequate protection of public health, safety and welfare as
87 rental housing units are introduced to Lino Lakes, including an ordinance supporting the
88 regulations of the program. There have been no comments received on the ordinance since its
89 first reading two weeks previous.
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COUNCIL MINUTES August 13, 2007
APPROVED
91 Council Member Carlson moved to dispense with reading of the ordinance. Council Member
• 92 Stoltz seconded the motion. Motion carried unanimously — Council Member O'Donnell
93 absent.
94
95 Council Member Reinert moved to approve second reading and passage of Ordinance No. 08-
96 07, as presented. Council Member Stoltz seconded the motion.
97
98 A roll call vote was taken: four yeas and zero nays. Motion carried unanimously. Council
99 Member O'Donnell was absent.
100
101 Resolution No. 07-120 approving summary publication of Ordinance No. 08-07 — Public
102 Safety Director Pecchia requested council authorization for summary publication as allowed
103 by state law and to save on publication costs. A summary of the ordinance is attached to the
104 resolution.
105
106 Council Member Carlson moved to approve Resolution No. 07-120, as presented. Council
107 Member Reinert seconded the motion. Motion carried unanimously — Council Member
108 O'Donnell absent.
109
110 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
111
112 There was no report from the Public Services Department.
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114 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL
115 GROCHALA
116
117 Economic Development Coordinator Divine reported that Ordinance No. 06-07 is before the
118 council for its second reading and passage after being tabled on July 23, 2007. The ordinance
119 would allow the conveyance of three parcels of city -owned land on Lake Drive to Anderson
120 Builders for commercial development. The proposal now includes Anderson's agreement to
121 remove language from Section 35(a), and an opinion from Steve Bubul, Kennedy and Graven
122 regarding the land appraisal. The realignment of 77th Street is still proposed with the
123 necessary purchase agreements in place and a feasibility study due in mid-September. This is
124 the best option that staff can present to the council for development of this land with rights
125 included to the land necessary to accomplish the realignment.
126
127 It was clarified that the city gained ownership of the land as part of the development of the
128 Centennial Fire District station on Lake Drive.
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130 Council Member Stoltz moved to dispense with reading of the ordinance. Council Member
131 Reinert seconded the motion. Motion carried unanimously— Council Member O'Donnell
132 absent.
133
134 Council Member Stoltz moved to approve second reading and passage of Ordinance No. 06-
135 07, as presented. Mayor Bergeson seconded the motion.
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COUNCIL MINUTES August 13, 2007
APPROVED
136 Council comments included pointing out that the City Charter requires that the proceeds from
137 the sale of city land be used to retire any debt associated with that land or designated to
138 another related use by the council. In this case the related use would be the realignment
139 project, however, that is not yet in place.
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141 There was also a statement that with the current market driving down the price of the land, the
142 project doesn't make sense without a commitment on the realignment.
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144 It was expressed that the development brings with it the opportunity to gain control of the land
145 necessary for the roadway realignment, a city priority. Without this development, that
146 opportunity could be lost.
147
148 There was also a positive comment about the design and the proposed development and that
149 retail and commercial development is generally known to attract the same.
150
151 Dave Anderson, Anderson Builders, Inc., stated that he is looking to partner with the City.
152 Development doesn't stop when the market declines and Lino Lakes has an opportunity to
153 bring forward an important goal with the realignment. Anderson Builders has done what's
154 been asked and still want to work with the city on this project.
155
156 Economic Development Coordinator Divine added that the Finance Director did identify
157 $130,000 in outstanding debt associated with this property; that would be paid with the sale
158 proceeds.
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160 A roll call vote was taken: two yeas (Stoltz, Bergeson) and two nays (Reinert, Carlson).
161 Motion failed. Council Member O'Donnell was absent.
162
163 Resolution No. 07-100 Approving a Preliminary Development Agreement with Greg
164 Anderson Development — Economic Development Coordinator Divine noted that this item is
165 predicated by the purchase agreement not approved with the previous item.
166
167 Attorney Hawkins offered that if no one makes a motion to approve the resolution, the matter
168 dies.
169
170 Dave Anderson, Anderson Builders, Inc., noted that he is still interested in working with staff
171 on a development timeline.
172
173 Attorney Hawkins suggested that if the resolution isn't voted on, it could be brought back
174 whenever, however, the failed ordinance couldn't be returned for council consideration
175 without a council member who voted against it bringing it back.
176
177 Mayor Bergeson moved to table Resolution No. 07-100. Council Member Stoltz seconded the
178 motion. Motion passed unanimously— Council Member O'Donnell absent.
179
COUNCIL MINUTES August 13, 2007
APPROVED
180Dave Anderson asked to know the schedule the council intends with the matter. He needs a
• 181 date since 30 days would mean moving the project to 2008 construction and an extension to
182 the preliminary development agreement may be necessary.
183
184 City Engineer Studenski added that the road realignment feasibility study should be done by
185 September 15, 2007.
186
187 Mayor Bergeson suggested that Anderson can work with staff and bring back additional
188 information to a future work session. He explained that there could be no official action on
189 the ordinance without the support of one of the "no" votes.
190
191 1St Reading of Ordinance No. 09-07, Adopting the 2007 State Building Code — Building
192 Official Pete Kluegel explained that staff is recommending that the city update building
193 regulations by adopting the 2007 Minnesota State Building Code. An ordinance is before the
194 council for first reading that will put the code in place on a perpetual basis. An optional
195 chapter relating to special fire protection systems is also being recommended.
196
197 In response to a question about the impact of the new code on airplane hangars, Fire Chief
198 Bennet pronounced that the Lino Lakes Code withholds air parks from certain regulations.
199
200 The Mayor asked that anyone wishing to address the council on the ordinance come forward.
201 There was no one present wishing to address the council on this matter.
202
203 Council Member Reinert moved to dispense with reading of the ordinance and to approve
204 First Reading of Ordinance No. 09-07, as presented. Council Member Carlson seconded the
205 motion.
206
207 A roll call vote was taken: four yeas and zero nays. Motion carried - Council Member
208 O'Donnell was absent.
209
210 1st Reading of Ordinance No. 10-07, Adopting the 2007 Minnesota State Fire Code- Fire
211 Chief Bennet explained that staff is recommending that the city update its fire regulations by
212 adopting the 2007 Minnesota State Fire Code. An ordinance is before the council for first
213 reading that will put the code in place on a perpetual basis.
214
215 Council Member Stoltz moved to dispense with reading of the ordinance and to approve First
216 Reading of Ordinance No. 09-07, as presented. Council Member Reinert seconded the
217 motion.
218
219 A roll call vote was taken: four yeas and zero nays. Motion carried - Council Member
220 O'Donnell was absent.
221
222 Grandview — Consider Resolution No. 07-111, Approving a Preliminary Plat &
223 Resolution No. 07-112, Authorizing Execution of a Grading Only Development Contract
• 224 — Associate Planner Bengtson reviewed the written report requesting approval of an 8 lot
225 residential subdivision to be known as Grandview that would connect the Shores of Marshan
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COUNCIL MINUTES August 13, 2007
APPROVED
226 Lake and Marshan Meadows subdivisions. The preliminary plat has been reviewed for
227 compliance to the shoreland ordinance, lot sizes and setbacks, impervious surface coverage,
228 streets and easements, and park dedication. The plat has been reviewed by the city's
229 Environmental Board and their recommendations are included in the report. A public hearing
230 on the matter was held before the Planning & Zoning Board with only favorable comments
231 received from Gethsemane Church. Staff is recommending approval of the preliminary plat
232 with the conditions noted.
233
234 Council Member Carlson moved to approve Resolution No. 07-111, as presented. Council
235 Member Stoltz seconded the motion. Motion carried unanimously — Council Member
236 O'Donnell absent.
237
238 City Engineer Studenski reported that Royal Oaks Realty, developer of the Grandview
239 subdivision, is requesting permission to commence grading activities. Staff has prepared a
240 Grading Only Development Contract and is presenting the matter for council consideration.
241
242 Council Member Stoltz moved to approve Resolution No. 07-112, as presented. Council
243 Member Reinert seconded the motion. Motion carried unanimously — Council Member
244 O'Donnell absent.
245
246 Resolution No. 07-116, Approving Plans and Specifications and Authorizing
247 Advertisement for Bids, CSAH 14/8 Median Landscaping — City Engineer Studenski
248 presented the plans for landscaping the Lino Lakes' portion of the newly construction median
249 for the County Road 14/8 reconstruction project. If the plans are approved, bids will be
250 sought. When asked if the Lino Lakes' portion will match the Hugo area, Mr. Studenski
251 explained that the difference will be no sod for Lino Lakes' for maintenance and
252 environmental reasons.
253
254 Council Member Reinert moved to approve Resolution No. 07-116, as presented. Council
255 Member Stoltz seconded the motion. Motion passed unanimously — Council Member
256 O'Donnell absent.
257
258 Lake Drive/35W Improvement Project — Resolution No. 07-118, Approving Change
259 Order No. 1, Lake Drive/35W Improvement Project & Resolution No. 07-119,
260 Approving Change Order No. 2 Median Island Landscaping, Lake Drive/35W
261 Improvement Project — City Engineer Studenski explained that Change Order No. 1
262 addresses the additional cost of approximately $2,000 to repair a deteriorated drainage
263 structure and Change Order No. 2 addresses the incorporation of landscaping into the median
264 islands on the north and south of the bridge for an additional cost of $171,100.33, for a new
265 contract total of $7,704,802.
266
267 Council Member Reinert moved to approve Resolution No. 07-118 and 07-119, as presented.
268 Council Member Stoltz seconded the motion. Motion carried unanimously — Council
269 Member O'Donnell absent.
270
COUNCIL MINUTES August 13, 2007
APPROVED
271 UNFINISHED BUSINESS
up 272
273 There was no Unfinished Business.
274
275 NEW BUSINESS
276
277 Minutes of July 10, 2007 Special Closed Council Meeting (personnel matter)
278 Council Member Carlson moved to approve the minutes, as presented. Council Member
279 Stoltz seconded the motion. Motion carried: Council Member Reinert abstained — Council
280 Member O'Donnell absent.
281
282 Minutes of July 23, 2007 City Council Meeting - The minutes were corrected as follows:
283
284 Line 144, delete the word "because" and insert in lieu thereof the words "for multiple reasons
285 cited including".
286
287 Council Member Carlson moved to approve the minutes, as corrected. Council Member
288 Reinert seconded the motion. Motion carried: Council Member Stoltz abstained — Council
289 Member O'Donnell absent.
290
291 Minutes of July 23, 2007 City Council Work Session and Minutes of July 23, 2007
292 Special City Council Meeting
S293 Council Member Reinert moved approval of the minutes, as presented. Council Member
294 Carlson seconded the motion. Motion carried: Council Member Stoltz abstained — Council
295 Member O'Donnell absent.
296
297 Minutes of July 10, 2007 Special City Council Meeting (performance review) — The
298 minutes were corrected as follows:
299
300 Line 31 and 32, delete the language " for his reporting at the Council meeting" and insert in
301 lieu thereof the language ". The Mayor will report at the council meeting."
302
303 The council discussed the summary of the review that was provided by the consultant, Mr.
304 Brull and requested that the questionnaires that were a part of the process be included in the
305 record; the summary itself would not be a complete record.
306
307 City Attorney Hawkins clarified that the review information is classified as private but council
308 members, present and future, may access the information.
309
310 Council Member Carlson moved to approve the minutes, as corrected. Council Member
311 Stoltz seconded the motion. Motion carried — Council Member O'Donnell absent.
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COUNCIL MINUTES August 13, 2007
APPROVED
Resolution No. 07-114, Approving Classification of Tax Forfeit Property and Notice to
Obtain Property -
Tax Forfeited Property #25-31-22-44-0046 is a large piece of park land included in the
Clearwater Creek Development. Council asked why this land was not received by the city
when the development was approved.
City Engineer Studenski explained that all the necessary city approvals for that development
occurred, however, some follow up work apparently did not occur and the result is that the
title to the property didn't change. Staff would consider this a clean-up matter to get the
property properly registered.
Council Member Carlson moved to approve Resolution No. 07-114, as presented. Council
Member Stoltz seconded the motion. Motion carried unanimously — Council Member
O'Donnell absent.
COMMUNITY CALENDAR AUGUST 14 THROUGH AUGUST 27, 2007:
4 Wednesday, August 15 6:30 p.m., Community Room
4 Fri -Sun, August 17-19 See www.blueherondays.org
4 Wednesday, August 22 4:00 p.m., Police Work Room
(cancelled — will be rescheduled at a later date.
4 Wednesday, August 22 6:30 p.m., Community Room
4 Thursday, August 23 6:30 p.m., Community Room
4 Monday, August 27 5:30 p.m., Community Room
4 Monday, August 27 6:30 p.m., Council Chambers
Comp Plan Adv. Panel
Blue Heron Days
2008 Budget WS
Comp Plan Adv. Panel
Charter Commission
Council Work Session
Council Meeting
ADJOURN
There being no further business, Council Member Reinert moved to adjourn at 8:50 p.m.
Council Member Carlson seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, August 27,
2007.
Ju i , e Bartell, City
lerk
8
John ergeson, Mayor