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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. •23 24 SETTING THE AGENDA 25 26 The agenda was amended to move Consent Items 1C and 1D to New Business. 27 28 LINO LAKES AMBASSADORS PRESENTATION 29 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 • • • 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. 90 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. •113 114 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. 129 130 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. • • • 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. 140 141 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. 143 144 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. 159 160 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 • • • 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. 312 • 313 • 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 35 351 352 • 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