HomeMy WebLinkAbout09/24/2007 Council Minutes (2)COUNCIL MINUTES September 24, 2007
APPROVED
•1 CITY OF LINO LAKES
2 MINUTES
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5 DATE : September 24, 2007
6 TIME STARTED : 6:30 p.m.
7 TIME ENDED : 7:50 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, Scott Baumgartner;
13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Chief of Police,
14 Dave Pecchia (part); and City Clerk, Julie Bartell
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16 PUBLIC COMMENT
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18 No one was present to address the council regarding a matter not on the agenda.
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20 Mayor Bergeson introduced a group of boy scouts from Pack 692 who were present to earn a scout
21 badge.
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• 23 SETTING THE AGENDA
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25 The agenda was approved as presented.
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27 CONSENT AGENDA
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29 Council Member Reinert moved to approve the Consent Agenda. Council Member Stoltz seconded
30 the motion. Motion carried unanimously.
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32 ITEM ACTION
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34 Consideration of Expenditures:
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36 September 24, 2007 (Check No. 81072-81195,
37 $1,447,038.72 Approved
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39 Centennial Fire District (Check No. 2881-2896,
40 $45,965.42) Approved
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42 August 27, 2007 Council Work Session (Budget)
43 Minutes Approved
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45 September 4, 2007 Council Work Session (Budget)
COUNCIL MINUTES September 24, 2007
APPROVED
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46 Minutes Approved
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48 September 5, 2007 Council Work Session Minutes Approved
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50 September 10, 2007 City Council Meeting Minutes Approved
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52 Application of Aquinas Roman Catholic Home
53 Education Services to conduct an excluded bingo
54 event on November 2, 2007 at St. Joseph's Church Approved
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56 Lino Lakes Civic Center Access Policy Approved
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58 Resolution No. 07-156, approving a Peddler's license
59 for Minnesota Statewide Roofing & Remodeling Approved
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61 Resolution No. 07-157, approving a Peddler's license
62 for Aspen Contracting, Inc. Approved
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64 Resolution No. 07-149, amendment to Site Lease
65 Agreement, Water Tower #1 — Verizon Wireless LLC Approved
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67 Resolution No. 07-153, amendment to Site Lease
• 68 Agreement, Water Tower #1 — Nextel Communications Approved
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70 Resolution No. 07-158, approving a Special Event
71 Permit for Miller's on Main Oktoberfest Event Approved
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73 FINANCE DEPARTMENT REPORT, AL ROLEK
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75 Consideration of Resolution No. 07-155, approving 2007 General Fund Budget Amendment for
76 Charter Commission Expenditures, Al Rolek
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78 Administrator Heitke explained that the Charter Commission requested additional 2007 funding for
79 anticipated expenses related to study of the charter amendment. As requested by the council, The
80 Commission has provided specifics and staff is bringing forward a resolution amending the 2007
81 budget to appropriate contingency funds to the Charter Commission.
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83 Council Member O'Donnell moved to approve Resolution No. 07-155, as presented. Council
84 Member Reinert seconded the motion. Motion carried unanimously.
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86 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
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88 Consideration of VLAWMO — Resolution No. 07-160, amending Joint Powers Agreement
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COUNCIL MINUTES September 24, 2007
APPROVED
Administrator Heitke outlined the requests from VLAWMO. Amendments to the JPA would: 1)
allow for the establishment of a storm sewer utility (including a levy) with conditions; and 2) clarify
that the VLAWMO Board has approval authority of its capital and operating budget; member
jurisdictions would lose veto power.
Council Member Carlson, VLAWMO Board member, explained that a small portion of the city
belongs to the Vadnais Lakes Area water management area as opposed to the Rice Creek area. She
explained the pricing of the utility which seems reasonable.
Council Member Stoltz moved to approve Resolution No. 07-160, as presented. Council Member
Carlson seconded the motion. Motion carried unanimously.
Consideration of VLAWMO — Resolution No. 07-161, approving 2008 budget
Administrator Heitke explained that the budget is submitted each year for local review. Staff supports
the budget.
Council Member Carlson, VLAWMO Board member, noted that VLAWMO hopes to have a storm
water utility in place for this fall levy. It is wise to continue the budget.
Council Member Carlson moved to approve Resolution No. 07-161, as presented. Council Member
O'Donnell seconded the motion. Motion carried unanimously.
Accept resignation of Officer Tanya Tamm
Administrator Heitke explained that Officer Tamm has tendered her resignation to accept a position
in another police department. Staff is requesting that council accept the resignation.
Council Member O'Donnell moved to accept the resignation of Officer Tanya Tamm. Council
Member Stoltz seconded the motion. Motion carried unanimously.
Accept resignation of Office Manager Renee Kaulfuss
Administrator Heitke noted that Ms. Kaulfuss has tendered her resignation to
another area police department.
Council Member Reinert moved to accept the resignation of Renee Kaulfuss.
seconded the motion. Motion carried unanimously.
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
accept a position in
Council Member Stoltz
Consideration of Resolution No. 07-148, authorizing execution of a mutual aid agreement with
the Minnesota Department of Corrections — Minnesota Correctional Facility — Lino Lakes
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COUNCIL MINUTES September 24, 2007
APPROVED
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134 Chief Pecchia reported that staff is recommending that the city (on behalf of the Police Department)
135 enter into a mutual aid agreement with the Minnesota Department of Corrections that is consistent
136 with the updated emergency management plan, the city new emergency management ordinance and
137 current state law.
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139 Member O'Donnell moved to approve Resolution No. 07-148, as presented. Council Member Stoltz
140 seconded the motion. Motion carried unanimously.
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142 Consideration of Resolution No. 07-147, authorizing execution of a new law enforcement
143 mutual aid agreement with the Anoka County Sheriff's Office
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145 Chief Pecchia reported that he is recommending execution of a new and updated law enforcement
146 mutual aid agreement with Anoka County. The city is not taking on any additional liability; the new
147 agreement clarifies the city responsibilities and liability.
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149 Council Member Reinert moved to approve Resolution No. 07-147, as presented. Council Member
150 Carlson seconded the motion. Motion carried unanimously.
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152 Emergency Management Ordinance: Consideration of 2"d Reading and Passage of Ordinance
153 No. 11-07, amending the city code by repealing the current Chapter 209 and adding a new
154 Chapter 209 entitled Emergency Management
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.156 Chief Pecchia reported that staff is recommending approval of the 2nd Reading of Ordinance No. 11-
157 07 to bring city's emergency management code language into compliance with state law.
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159 No comments have been received since first reading of the ordinance.
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161 Council Member Carlson moved to dispense with full reading of Ordinance No. 11-07. Council
162 Member O'Donnell seconded the motion. Motion carried unanimously.
163
164 Council Member Stoltz moved to approve the 2nd Reading of Ordinance No. 11-07, as presented.
165 Council Member O'Donnell seconded the motion.
166
167 Emergency Management Ordinance: Consideration of Resolution No. 07-154, approving
168 summary publication of Ordinance No. 11-07
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170 Council Member Reinert moved to approve Resolution No. 07-154, as presented. Council Member
171 O'Donnell seconded the motion. Motion carried unanimously.
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173 Consideration of 2' Reading of Ordinance No. 12-07, amending the city code by adding a new
174 Chapter 509 entitled Ultimate Fighting
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176 Chief Pecchia noted that Ordinance No. 12-07 is recommended to address consideration about the
177 possible influx of "fight clubs" into the area. Positive comments on this addition to the city's law
W78 have been received since the first reading.
COUNCIL MINUTES September 24, 2007
APPROVED
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180 It was clarified that this will not affect sanctioned fighting events.
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182 Council Member Stoltz moved to dispense with full reading of Ordinance No. 12-07. Council
183 Member Reinert seconded the motion. Motion carried unanimously.
184
185 Council Member Carlson moved to approve the 2nd Reading of Ordinance No. 12-07, as presented.
186 Council Member Stoltz seconded the motion. Motion carried unanimously.
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188 Consideration of approval of the Proclamation of October as 2007 Crime Prevention Month
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190 Mayor Bergeson reviewed the content of the proclamation. The council proclaims October 2007 as
191 crime prevention month in Lino Lakes and recognizes the power of prevention for the common good.
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193 Council Member O'Donnell moved to approve the proclamation of October as 2007 Crime
194 Prevention Month. Council Member Carlson seconded the motion. Motion carried unanimously.
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196 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
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198 There was no report from the Public Services Department.
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200 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
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202 Consideration of Resolution No. 07-124, approving Extension of Timeline for Completion,
203 Russian Baptist Church, Paul Bengtson
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205 Community Development Director Grochala reviewed the request for an extension related to the
206 Russian Baptist Church project. Staff is requesting the dates be extended to November 1, 2007 based
207 on discussions with the church and construction manager. The site improvement performance
208 agreement is still in affect; this puts a reasonable time line in place as well as remedies if deadlines
209 are not met.
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211 Questions arose about the landscaping plan and changes have been included based on those
212 discussions. The resolution requires that the landscaping requirements be specific. Funds are
213 included to back up the agreement and complete improvements as necessary.
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215 Michael Kula, 6 Indian Hills Drive, Circle Pines, neighbor to church project. It is crucial that any
216 deadline be conveyed to the church; the project has been going on for five years. Conditions of
217 resolution should also be specific. Neighbors are interested in seeing and approving the new
218 landscape plan; he believes they would accept less than the 80% opacity requirement in turn for a
219 planting plan they can agree with. Neighbors would like to be in a position to review the plans and
220 return to the council with comments.
221
.2222 Council Member Reinert moved to approve Resolution No. 07-124, as presented. Council Member
23 Carlson seconded the motion. Motion carried unanimously.
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COUNCIL MINUTES September 24, 2007
APPROVED
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25 The city's intention is to enforce the ordinance in place that is based on current standards. If the
226 church/contractor and the neighbors can come to a better solution that doesn't violate the ordinance,
227 that will be considered.
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229 Staff is encouraged to continue to work with the church/contractor and the community on the
230 landscaping.
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232 Consideration of Resolution No. 07-150, accepting Water Treatment Plant Feasibility Study -
233 City Engineer Studenski announced that the Water Treatment Plan Feasibility Study has been
234 completed and is before the council for consideration. The study does not, at this time, indicate a
235 need that would warrant a treatment plan. However, the city should be in a position to move if
236 necessary in the future. Sites are recommended by the study as well as floor plan layouts; capital
237 improvement planning is also included. Staff recommends acceptance of the study with no action
238 requested on implementation of a plant.
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240 The city should continue to monitor complaints and communicate with the citizens on their needs.
241 There has not been communication with residents in the area of the proposed sites, however, the
242 school district was contacted about the possibility of the use of their property.
243
244 Council Member Reinert moved to approve Resolution No. 07-150, as presented. Council Member
245 O'Donnell seconded the motion. Motion carried unanimously.
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247 Consideration of Resolution No. 07-151, adopting Water Emergency and Conservation Plan -
248 City Engineer Studenski reported that the council has reviewed at several previous meetings this
249 report that outlines the city's water emergency and conservation plan that is required by the state. A
250 big part of the plan is public education, and rate structure is another.
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252 Three areas the plan deals with: unaccounted water, water use and total use. The city is above the
253 benchmark on use and the plan presents how that will be addressed. The plan will be submitted to
254 the DNR for their review; any comments from them will be returned to the council. The DNR could
255 restrict future use if they don't see the city trying to meet the benchmarks.
256
257 Council Member O'Donnell moved to approve Resolution No. 07-151, as presented. Council
258 Member Reinert seconded the motion. Motion carried — Council Member Carlson voted no
259
260 Consideration of Resolution No. 07-162, ordering Repair/Removal of Hazardous Structure -
261 Community Development Director Grochala noted that the council heard from area residents
262 concerned about the safety of a vacant structure located at 2395 65th Street. Staff has inspected the
263 site and has obtained a structural assessment from Ultieg Engineers. Based on the report, the city can
264 issue orders. The building has been secured and, if the council approves this order, anyone entering
265 the property would be trespassing.
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67 City Attorney Baumgartner reported that the requirements of statute have been followed: an
W68 inspection occurred, the building was found to be hazardous and secured, and a structural assessment
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COUNCIL MINUTES September 24, 2007
APPROVED
was done. The resolution affords the options of repair or razing of the building, although the cost of
repairs is unknown.
If the resolution is approved, it will be served on the property owner, Wells Fargo who would have
twenty days to respond. A hearing or trial may be necessary at the civil level in the court system.
Council Member Carlson moved to approve Resolution No. 07-162, as presented. Council Member
Stoltz seconded the motion. Motion carried unanimously.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Minutes of the September 10, 2007 Liquor Compliance Hearing Council Member Reinert
absent
Council Member Carlson moved to approve the minutes from the September 10, 2007, Liquor
Compliance Hearing, as presented. Council Member Stoltz seconded the motion. Motion carried —
Council Member Reinert abstained from voting.
4 Wednesday, September
4 Monday, October 1
4 Monday, October 1
4 Thursday, October 4
4 Monday, October 8
ADJOURN
Community Calendar— A Look Ahead
September 25 — October 8, 2007
26 cancelled
6:30 p.m., Council Chambers
5:30 p.m., Community Room
7:00 a.m., Community Room
6:30 p.m., Council Chambers
Environmental Board
Park Board
Council Work Session
EDAC
Council Meeting
There being no further business, Council Member Stoltz moved to adjourn at 7:50 p.m. Council
Member O'Donnell seconded the motion. Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, October 8, 2007.
Julia v e Bartell, C
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P6P4Sed•Pv
John Bergeson, Mayor