HomeMy WebLinkAbout09/10/2007 Council Minutes (2)COUNCIL MINUTES September 10, 2007
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
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5 DATE : September 10, 2007
6 TIME STARTED : 6:35 p.m.
7 TIME ENDED : 8:50 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; Director of Public Safety, Dave Pecchia (part);
14 Director of Administration, Dan Tesch (part) City Engineer, Jim Studenski; Senior Planner, Jeff
15 Smyser; and City Clerk, Julie Bartell
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17 PUBLIC COMMENT
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19 J. J. Parker, 2384 65th Street, representing a group of neighbors of Clearwater Creek asked for city
20 assistance with a vacant, hazardous property at 2395 65th Street. The property is dilapidated, unsafe
21 and has become a public safety issue. The property was returned to a mortgage company on a
22 foreclosure and there are realtors attempting to market it. The neighbors would like for the property
•23 to be condemned and demolished.
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25 At council direction, the city attorney and community development director met with the group to
26 devise a plan to expedite the hazardous building process and get the building secured as soon as
27 possible.
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29 Sue Johnson, 2377 65th Street, added that a stop work order posted on the property at one time has
30 been removed.
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32 SETTING THE AGENDA
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34 The agenda was approved as amended to move Items 1D and lE to New Business.
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36 CONSENT AGENDA
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38 Council Member Stoltz moved to approve the Consent Agenda, as amended. Council Member
39 O'Donnell seconded the motion. Motion carried unanimously.
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41 ITEM ACTION
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43 Consideration of Expenditures:
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45 September 10, 2007 (Check No. 81001 —
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COUNCIL MINUTES September 10, 2007
APPROVED
• 1 81071, $312,060.99) Approved
2
3 Centennial Fire District (Check No. 2828-
4 2839, $3,785.51) Approved
5
6 August 27, 2007 Council Work Session
7 Minutes Approved
8
9 August 27, 2007 City Council Meeting
10 Minutes Approved
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12 Resolution No. 07-130, Approving a Peddler (moved to New Business)
13 License for Turco Construction
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15 Resolution No. 07-135, Approving a Peddler (moved to New Business)
16 License for Minnesota Window and Siding
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18 Resolution No. 07-136, Approving a Transient Approved
19 Merchant license for TAP Enterprises
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21 Resolution No. 07-137, Approving a Special Event Approved
22 and temporary liquor license for American Legion
• 23 horseshoe tournament
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25 FINANCE DEPARTMENT REPORT, AL ROLEK
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27 Resolution No. 07-131 Adopting Proposed 2008 General Operating Budget - Finance Director
28 Rolek noted that state law requires that the city adopt a proposed 2008 operating budget by September
29 15. The council has held several work sessions to review and amend the proposed budget. That
30 proposed budget is presented for council consideration.
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32 It was clarified that there are some outstanding budget issues, however, the council has agreed on the
33 total amount of the budget. There will be further discussion before final adoption.
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35 Council Member Reinert moved to approve Resolution No. 07-131 as presented with clarification that
36 the council will have further discussion on unresolved matters. Council Member Carlson seconded
37 the motion. Motion carried unanimously.
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39 Resolution No. 07-132 Adopting Preliminary 2007/08 Property Tax Levy - Finance Director
40 Rolek noted that state law requires that the city adopt and certify a preliminary tax levy for the
41 coming year. Staff is presenting a levy based on the proposed 2008 budget. The levy may be
42 changed; however, it can only be decreased once it is certified.
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•44 Council Member Stoltz moved to approve Resolution No. 07-132 as presented. Council Member
45 O'Donnell seconded the motion. Motion carried unanimously.
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COUNCIL MINUTES September 10, 2007
APPROVED
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3 Resolution No. 07-133 Setting Truth -in -Taxation Hearing Date - Finance Director Rolek
4 explained that public entities are required to hold a hearing to receive public input on their proposed
5 levy and general operating budget. The dates recommended by staff for the Lino Lakes hearings are
6 before the council.
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8 Council Member Carlson moved to approve Resolution No. 07-133 as presented. Council Member
9 Stoltz seconded the motion. Motion carried unanimously.
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11 Resolution No. 07-134 Canceling the 2007/08 Debt Service Tax Levy For G.O. Tax Increment
12 Financing Bond Series 2007A - Finance Director Rolek explained that the city has the authority to
13 levy a tax for payment of debt service on these bonds. As was anticipated upon bond issuance, there
14 is not a need for a levy as the city anticipates adequate resources for payment of the debt service for
15 the coming year. Therefore staff is recommending that the levy be canceled.
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17 Council Member Reinert moved to approve Resolution No. 07-134 as presented. Council Member
18 O'Donnell seconded the motion. Motion carried unanimously.
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20 Resolution No. 07-146 Recognizing Receipt and Designation of Memorial Hospital District
21 Funds — Finance Director Rolek recalled that the city received a distribution of funds from the
22 Memorial Hospital District upon their dissolution. The council has determined that the funds will be
• 23 appropriated to three community organizations as outlined in the resolution.
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25 Police Chief Pecchia explained that Alexandra House provides useful and needed services to
26 community members who are victims of domestic abuse.
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28 The funds were identified as one-time dollars; future support to the organizations will be a budget
29 consideration.
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31 Council Member Carlson moved to approve Resolution No. 07-146 as presented. Council Member
32 Reinert seconded the motion. Motion carried unanimously.
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34 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
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36 Consider Offer of Employment for Community Service Officer (CSO) Position — Director of
37 Administration Tesch stated that the recruitment process for this position is complete and staff is
38 recommending an offer of employment to Matthew Paulson.
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40 Council Member O'Donnell moved that an offer of employment be approved. Council Member
41 Carlson seconded the motion. Motion carried unanimously.
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43 Resolution No. 138, Providing for a Finding of Violation and imposing penalties for liquor
•44 compliance violations — City Clerk Bartell reported that earlier in the evening the council held a
45 hearing to review the Police Department's report and recommendations relative to compliance checks
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COUNCIL MINUTES September 10, 2007
APPROVED
1 that were conducted on Lino Lakes' licensed liquor and beer establishments. J&K Liquor was found
2 to have violated the City's liquor code and a penalty was recommended based on the City's adopted
3 Best Practice Grid. Based on the results of the hearing, staff is recommending approval of a
4 resolution providing for a finding of violation and imposing a penalty upon J& K Liquor.
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6 Council Member Reinert moved to approve Resolution No. 07-138 as presented. Council Member
7 Stoltz seconded the motion. Motion carried unanimously.
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9 Conditional Offer of Employment for two Police Officer positions — Director of Administration
10 Tesch stated that the hiring process for two police officer positions is complete and staff is
11 recommending a conditional offer of employment to two individuals.
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13 Council Member O'Donnell moved to approve a conditional offer of employment. Council Member
14 Stoltz seconded the motion. Motion carried unanimously.
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16 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
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18 First Reading of Ordinance No. 11-07, Amending the City Code by repealing the current
19 section 209 (Civil Defense) and adding a new Chapter 209 entitled Emergency Management -
20 Police Chief Pecchia explained that the ordinance before the council would serve to update the city
21 code and bring it into compliance with Minnesota Statutes and consistent with the city's emergency
22 management plan. Staff is recommending the ordinance be given its first reading.
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24 Council Member Reinert moved that unanimous consent be granted to dispense with the Charter
25 requirement that the ordinance be read aloud in full. Council Member Stoltz seconded the motion.
26 Motion carried unanimously.
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28 Council Member O'Donnell moved to approve First Reading of Ordinance No. 11-07, as presented.
29 Council Member Reinert seconded the motion.
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31 A roll call vote was taken: five yeas and zero nays. Motion carried.
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33 First Reading of Ordinance No. 12-07, Amending the City Code by adding a new Chapter 509
34 related to Ultimate Fighting - Police Chief Pecchia reported that this ordinance is presented in
35 response to community and area concerns to outlaw and end the recent phenomena of "fight clubs".
36 The ordinance will ban the practice within the city. Staff is recommending the ordinance be given its
37 first reading.
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39 Mayor Bergeson moved that unanimous consent be granted to dispense with the Charter requirement
40 that the ordinance be read aloud in full. Council Member Reinert seconded the motion. Motion
41 carried unanimously.
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43 Council Member Stoltz moved to approve First Reading of Ordinance No. 12-07, as presented.
44 Council Member O'Donnell seconded the motion.
45 A roll call vote was taken: five yeas and zero nays. Motion carried.
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COUNCIL MINUTES September 10, 2007
APPROVED
III12 Prison Escape — Police Chief Pecchia provide the council with facts regarding a recent escape from
3 the Lino Lakes state/county prison facility that was reported by the area media. An inmate walked
4 away from a minimum security area and is believed to have immediately left the vicinity.
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6 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
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8 There was no report from the Public Services Department.
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10 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
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12 Mayor Bergeson left the Chair; Acting Mayor O'Donnell took the Chair.
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14 Street Reconstruction Ballot Questions - Resolution No. 07-139, Approving Ballot Question for
15 West Shadow Lake Drive Street Reconstruction — City Engineer Studenski noted that since no
16 petition was received on the West Shadow Lake Drive Street Reconstruction Project, the next step in
17 the process is to call for an election on the proposed improvements. Staff is presenting a plan for
18 communication on the process and project with affected residents and residents throughout the city.
19 Also a resolution is presented calling for an election and approving the ballot question. Final figures
20 relating to the tax levy will be added as that information becomes available. The issue of how
21 multiple lots are assessed is a policy question. Staff is aware that there are lots that will be
22 subdivided after utilities are installed and the project is planned around those assumptions.
lip 23
24 Council Member Reinert moved to approve Resolution No. 07-139 as presented. Council Member
25 Carlson seconded the motion. Motion carried — Mayor Bergeson abstained from voting.
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27 Street Reconstruction Ballot Questions - Resolution No. 07-140, Accepting Petition Against
28 Improvements, Shenandoah Area — City Engineer Studenski reported that the city received a
29 petition against the Shenandoah Area Improvement Project signed by approximately 58% of the
30 assessable property owners. The petition meets the requirements of the City Charter so the project
31 will not be placed on the 2007 referendum ballot. Staff is presenting a resolution accepting the
32 petition.
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34 Council Member Carlson moved to approve Resolution No. 07-140 as presented. Council Member
35 Stoltz seconded the motion. Motion carried — Mayor Bergeson abstained from voting.
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37 Mayor Bergeson took the Chair.
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39 Resolution No. 07-141, Accepting Bids and Awarding Contract, CSAH 14/8 (Main Street)
40 Median Landscaping Improvements — City Engineer Studenski reported that staff is pleased with
41 the outcome of the bid process and would like to get the median project going as soon as possible
42 with the low bidder, Peterson Companies, Inc.
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44 Council Member Stoltz moved to approve Resolution No. 07-141 as presented. Council Member
45 O'Donnell seconded the motion. Motion carried unanimously.
5
COUNCIL MINUTES September 10, 2007
APPROVED
1
2 Resolution No. 07-142, Approving Conditional Use Permit for Planned Unit Development and
3 PUD Development Plan/Preliminary Plat, Moon Marsh - Senior Planner Smyser explained that
4 the city has received a proposal for a rural development that would include four residential lots on a
5 25 acre property. This Planned Unit Development (PUD) includes a common septic system and
6 according to the zoning code would require conditional use permit approval by the city. The project
7 has been reviewed by the Planning & Zoning and Environment Board and comments and conditions
8 are a part of the report and resolution. Staff is presenting for approval a resolution that approves the
9 conditional use permit and PUD development plan/preliminary plat for the Moon Marsh
10 development. Mr. Smyser provided a detailed review of his written report.
11
12 A question was posed about the possibility of looking at roadway improvements as part of the project
13 but staff suggested that the addition of three parcels wouldn't be enough to justify the improvement
14 discussion nor does state law allow the city to push for that discussion.
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16 Council Member Reinert moved to approve Resolution No. 07-142 as presented. Council Member
17 O'Donnell seconded the motion. Motion carried unanimously.
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19 Lake Drive Change Orders: Resolution No. 07-143, Approving Change Order No. 3, Lake
20 Drive/35W Improvement Project; Resolution No. 07-144, Approving Change Order No. 4, Lake
21 Drive/35W Improvement Project; Consideration of Resolution No. 07-145, Approving
22 Change Order No. 5, Lake Drive/35W Improvement Project — Community Development Director
Adak 23 Grochala reviewed the three change orders that are recommended by staff and the Minnesota
24 Department of Transportation, all relating to the Lake Drive/I35W project.
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26 Council Member Reinert moved to approve Resolutions No. 07-143, 144 and 145 as presented.
27 Council Member O'Donnell seconded the motion. Motion carried unanimously.
28
29 UNFINISHED BUSINESS
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31 There was no Unfinished Business.
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33 NEW BUSINESS
34
35 Resolution No. 07-130, Approving a Peddler License for Turco Construction (moved from
36 consent agenda)
37
38 Resolution No. 07-135, Approving a Peddler License for Minnesota Window and Siding (moved
39 from consent agenda)
40
41 City Clerk Bartell reported that the city has received applications from two companies for a license to
42 solicit in the city for construction business. The applicants have followed the established procedure
43 for obtaining a license including payment of the required fee and a background investigation.
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COUNCIL MINUTES
APPROVED
September 10, 2007
The council acknowledged that damage caused by a recent storm in the city has brought out lots of
interested construction contractors. They are concerned soliciting should be occurring only with a
proper license and that residents should be informed of the city's process.
Rosemary Storberg, 6978 Lake Drive - Expressed concern about the condition of the roadway on
I35W north of Highway 10. She recommends that the city, and perhaps other area cities, get together
and request county or state assistance in getting that roadway repaired.
COMMUNITY CALENDAR SEPTEMBER 11 THROUGH SEPTEMBER 24, 2007:
• Wednesday, September
AL Wednesday, September
'. Wednesday, September
• Monday, September 24
4. Monday, September 24
Community Calendar— A Look Ahead
12 canceled
12 4:30 p.m., Community Green
19 6:30 p.m., Community Room
5:30 p.m., Community Room
6:30 p.m., Council Chambers
Planning & Zoning
Silvera memorial ceremony
Comp Plan Adv. Panel
Council Work Session
Council Meeting
ADJOURN
There being no further business, Council Member O'Donnell moved to adjourn at 8:50 p.m. Council
Member Reinert seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, September 24, 2007.
Juli:" , e Bartell, C
Clerk-
7
PAP 406 -
John Bergeson, Mayor