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HomeMy WebLinkAbout09/24/2007 Council Minutes (2)COUNCIL MINUTES September 24, 2007 APPROVED •1 CITY OF LINO LAKES 2 MINUTES 3 4 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 11 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 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 Mayor Bergeson introduced a group of boy scouts from Pack 692 who were present to earn a scout 21 badge. 22 • 23 SETTING THE AGENDA 24 25 The agenda was approved as presented. 26 27 CONSENT AGENDA 28 29 Council Member Reinert moved to approve the Consent Agenda. Council Member Stoltz seconded 30 the motion. Motion carried unanimously. 31 32 ITEM ACTION 33 34 Consideration of Expenditures: 35 36 September 24, 2007 (Check No. 81072-81195, 37 $1,447,038.72 Approved 38 39 Centennial Fire District (Check No. 2881-2896, 40 $45,965.42) Approved 41 42 August 27, 2007 Council Work Session (Budget) 43 Minutes Approved .44 45 September 4, 2007 Council Work Session (Budget) COUNCIL MINUTES September 24, 2007 APPROVED • 46 Minutes Approved 47 48 September 5, 2007 Council Work Session Minutes Approved 49 50 September 10, 2007 City Council Meeting Minutes Approved 51 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 55 56 Lino Lakes Civic Center Access Policy Approved 57 58 Resolution No. 07-156, approving a Peddler's license 59 for Minnesota Statewide Roofing & Remodeling Approved 60 61 Resolution No. 07-157, approving a Peddler's license 62 for Aspen Contracting, Inc. Approved 63 64 Resolution No. 07-149, amendment to Site Lease 65 Agreement, Water Tower #1 — Verizon Wireless LLC Approved 66 67 Resolution No. 07-153, amendment to Site Lease • 68 Agreement, Water Tower #1 — Nextel Communications Approved 69 70 Resolution No. 07-158, approving a Special Event 71 Permit for Miller's on Main Oktoberfest Event Approved 72 73 FINANCE DEPARTMENT REPORT, AL ROLEK 74 75 Consideration of Resolution No. 07-155, approving 2007 General Fund Budget Amendment for 76 Charter Commission Expenditures, Al Rolek 77 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. 82 83 Council Member O'Donnell moved to approve Resolution No. 07-155, as presented. Council 84 Member Reinert seconded the motion. Motion carried unanimously. 85 86 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 87 88 Consideration of VLAWMO — Resolution No. 07-160, amending Joint Powers Agreement • 89 S90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 •12 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 •133 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 3 COUNCIL MINUTES September 24, 2007 APPROVED • 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. 138 139 Member O'Donnell moved to approve Resolution No. 07-148, as presented. Council Member Stoltz 140 seconded the motion. Motion carried unanimously. 141 142 Consideration of Resolution No. 07-147, authorizing execution of a new law enforcement 143 mutual aid agreement with the Anoka County Sheriff's Office 144 145 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. 148 149 Council Member Reinert moved to approve Resolution No. 07-147, as presented. Council Member 150 Carlson seconded the motion. Motion carried unanimously. 151 152 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 155 .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. 158 159 No comments have been received since first reading of the ordinance. 160 161 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. 11-07 169 170 Council Member Reinert moved to approve Resolution No. 07-154, as presented. Council Member 171 O'Donnell seconded the motion. Motion carried unanimously. 172 173 Consideration of 2' Reading of Ordinance No. 12-07, amending the city code by adding a new 174 Chapter 509 entitled Ultimate Fighting 175 176 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 • 179 180 It was clarified that this will not affect sanctioned fighting events. 181 182 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. 187 188 Consideration of approval of the Proclamation of October as 2007 Crime Prevention Month 189 190 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. 192 193 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. 195 196 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 197 198 There was no report from the Public Services Department. 199 200 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA •o1 202 Consideration of Resolution No. 07-124, approving Extension of Timeline for Completion, 203 Russian Baptist Church, Paul Bengtson 204 205 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. 210 211 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. 214 215 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. 5 COUNCIL MINUTES September 24, 2007 APPROVED .24 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. 228 229 Staff is encouraged to continue to work with the church/contractor and the community on the 230 landscaping. 231 232 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. 239 240 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. 1146 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. 251 252 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. 266 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 6 69 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 091 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 31� 312 013 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 Cler P6P4Sed•Pv John Bergeson, Mayor