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HomeMy WebLinkAbout09/10/2007 Council Minutes (2)COUNCIL MINUTES September 10, 2007 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 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 11 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 16 17 PUBLIC COMMENT 18 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. 24 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. 28 29 Sue Johnson, 2377 65th Street, added that a stop work order posted on the property at one time has 30 been removed. 31 32 SETTING THE AGENDA 33 34 The agenda was approved as amended to move Items 1D and lE to New Business. 35 36 CONSENT AGENDA 37 38 Council Member Stoltz moved to approve the Consent Agenda, as amended. Council Member 39 O'Donnell seconded the motion. Motion carried unanimously. 40 41 ITEM ACTION 42 43 Consideration of Expenditures: S44 45 September 10, 2007 (Check No. 81001 — 1 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 11 12 Resolution No. 07-130, Approving a Peddler (moved to New Business) 13 License for Turco Construction 14 15 Resolution No. 07-135, Approving a Peddler (moved to New Business) 16 License for Minnesota Window and Siding 17 18 Resolution No. 07-136, Approving a Transient Approved 19 Merchant license for TAP Enterprises 20 21 Resolution No. 07-137, Approving a Special Event Approved 22 and temporary liquor license for American Legion • 23 horseshoe tournament 24 25 FINANCE DEPARTMENT REPORT, AL ROLEK 26 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. 31 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. 34 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. 38 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. 43 •44 Council Member Stoltz moved to approve Resolution No. 07-132 as presented. Council Member 45 O'Donnell seconded the motion. Motion carried unanimously. 2 COUNCIL MINUTES September 10, 2007 APPROVED 4I) 1 2 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. 7 8 Council Member Carlson moved to approve Resolution No. 07-133 as presented. Council Member 9 Stoltz seconded the motion. Motion carried unanimously. 10 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. 16 17 Council Member Reinert moved to approve Resolution No. 07-134 as presented. Council Member 18 O'Donnell seconded the motion. Motion carried unanimously. 19 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. 24 25 Police Chief Pecchia explained that Alexandra House provides useful and needed services to 26 community members who are victims of domestic abuse. 27 28 The funds were identified as one-time dollars; future support to the organizations will be a budget 29 consideration. 30 31 Council Member Carlson moved to approve Resolution No. 07-146 as presented. Council Member 32 Reinert seconded the motion. Motion carried unanimously. 33 34 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 35 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. 39 40 Council Member O'Donnell moved that an offer of employment be approved. Council Member 41 Carlson seconded the motion. Motion carried unanimously. 42 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 3 • • • 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. 5 6 Council Member Reinert moved to approve Resolution No. 07-138 as presented. Council Member 7 Stoltz seconded the motion. Motion carried unanimously. 8 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. 12 13 Council Member O'Donnell moved to approve a conditional offer of employment. Council Member 14 Stoltz seconded the motion. Motion carried unanimously. 15 16 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 17 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. 23 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. 27 28 Council Member O'Donnell moved to approve First Reading of Ordinance No. 11-07, as presented. 29 Council Member Reinert seconded the motion. 30 31 A roll call vote was taken: five yeas and zero nays. Motion carried. 32 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. 38 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. 42 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. 4 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. 5 6 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 7 8 There was no report from the Public Services Department. 9 10 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 11 12 Mayor Bergeson left the Chair; Acting Mayor O'Donnell took the Chair. 13 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. 26 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. 33 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. 36 37 Mayor Bergeson took the Chair. 38 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. 43 • 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. 15 16 Council Member Reinert moved to approve Resolution No. 07-142 as presented. Council Member 17 O'Donnell seconded the motion. Motion carried unanimously. 18 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. 25 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 30 31 There was no Unfinished Business. 32 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. 44 6 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 023 24 25 26 27 28 29 30 • 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