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HomeMy WebLinkAbout10/22/2007 Council Minutes (3). 1 2 COUNCIL MINUTES October 22, 2007 APPROVED CITY OF LINO LAKES MINUTES 3 4 5 DATE : October 22, 2007 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Director of Administration, Dan Tesch; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Planner, Paul Bengtson; City Engineer, 14 Jim Studenski; Director of Public Safety, Dave Pecchia; and City Clerk, Julie Bartell 15 16 PUBLIC COMMENT 17 18 Lloyd and Sally Bachmeier, Lino Lakes residents, addressed the council regarding a neighboring 19 property for which a variance was denied. It appears there is a request for the same variance and they 20 question the validity of allowing a request the same variance after a denial. They provided the council 21 with some written background information on the situation. .22 23 The council directed staff to review the information submitted and provide a report. 24 25 SETTING THE AGENDA 26 27 The agenda was approved as presented. 28 29 CONSENT AGENDA 30 31 Council Member Carlson moved to approve the Consent Agenda. Council Member Stoltz seconded 32 the motion. Motion carried unanimously. 33 34 35 ITEM ACTION 36 37 Consideration of Expenditures: 38 i) October 22, 2007 (Check No. 81380-81524), 39 $1,087,563.95; Approved 40 ii) Centennial Fire District (Check No. 2923- 41 2942), $21,320.22 Approved 42 43 October 8, 2007 City Council Minutes Approved 044 1 COUNCIL MINUTES October 22, 2007 APPROVED 045 Application from Centennial Middle School PTA 46 to conduct excluded bingo event on February 8,2008 Approved 47 48 Resolution No. 07-173, Supporting the Development 49 and Construction of the East Alighment of the Central 50 anoka county Regional Trail Corridor Approved 51 52 Resolution No. 07-180, Authorizing Certification of 53 Delinquent Water and Sewer Utility Charges for 54 collection with the 2007 property taxes payable in 2008 Approved 55 56 Resolution No. 07-182, Accepting Quotes and Awarding 57 A contract for 2007 Boulevard Tree Planting Project Approved 58 59 60 FINANCE DEPARTMENT REPORT, AL ROLEK 61 62 There was no report from the Finance Department. 63 64 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 65 •66 Second reading of Ordinance No. 14-07, setting the salary rates for mayor and council members 67 - Director Tesch reported that periodically the council is required to review it's own compensation. 68 Staff has reviewed salary data from the League of Minnesota Cities and is presenting an ordinance 69 that would establish rates for 2008 through 2010. The ordinance provides for a 3% annual increase. 70 71 Director Tesch read the ordinance in its entirety. 72 73 Council Member Reinert moved to approve 2nd reading and passage of Ordinance No. 14-07 as 74 presented. Council Member O'Donnell seconded the motion. Motion carried: Yeas, 3; Nays, 2 as 75 follows: 76 Yeas — Reinert, O'Donnell, Bergeson 77 Nays — Carlson, Stoltz 78 79 Resolution No. 07-185 approving a Model Competitive Franchise Ordinance — Director Tesch 80 explained that telephone companies are becoming a part of the video services market and have 81 received federal authorization to negotiate to provide those services in franchised areas. The North 82 Metro Telecommunications Commission has set forth policies and procedures to assist local entities 83 in preparing for such a request. The city should put in place a model additional franchise template 84 that would hasten the process to consider a telephone company request if received. The resolution 85 before the council would allow staff to have the template in place. 86 87 Council Member Reinert moved to approve Resolution No. 07-185 as presented. Council Member •88 Carlson seconded the motion. Motion carried unanimously. 89 2 COUNCIL MINUTES October 22, 2007 APPROVED 090 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 91 92 Second reading of Ordinance No. 02-07, Repealing Chapter 807 of the Lino Lakes Code of 93 Ordinances and adding a new Chapter 807 relating to the Operation of Snowmobiles and All 94 Terrain Vehicles — Director Pecchia explained that 1st reading of Ordinance No. 02-07 was approved 95 by the council on April 7, 2007. The police department is recommending some amendments to the 96 city's regulations on the operation of snowmobiles and all terrain vehicles and is proposing to replace 97 the current Chapter 807 of the City Code with language that reflects those amendments. Statewide 98 changes have driven the need for new language including the designation of vehicle classes. The 99 amendments include updating definitions, modifying where and when vehicle operation is allowed 100 and updating penalties. The staff report includes a chart indicating the hours of operation allowed in 101 other area communities. 102 103 Director Pecchia added that the city did approach Anoka County about including right of way 104 regulations for the county property. The county has declined to move forward with an ordinance that 105 would provide that authority. Therefore, the proposed ordinance will regulate only city streets. 106 107 Full reading of the ordinance was dispensed with by unanimous consent. 108 109 Council Member O'Donnell moved to approve 2nd reading and passage of Ordinance No. 12-07 as 110 presented. Council Member Stoltz seconded the motion. Motion carried: Yeas, 5; Nays, none. Will 12 Resolution No. 07-184, accepting a donation of $1,000 from Target for assistance with Domestic 113 Abuse Response Team — Director Pecchia explained that Target has generously offered the donation 114 of $1,000 to support the Lino Lakes Police Department Domestic Abuse Response Team. He is 115 requesting permission to accept the funds. 116 117 Council Member Stoltz moved to approve Resolution No. 07-183 accepting the funds with thanks to 118 Target. Council Member Carlson seconded the motion. Motion carried unanimously. 119 120 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 121 122 There was no report from the Public Services Department. 123 124 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 125 126 Grandview Residential Subdivision, Paul Bengtson 127 i. Resolution No. 07-171, authorizing execution of development contract 128 129 ii. Resolution No. 07-172, approving final plat 130 131 Planner Bengtson reviewed the requests regarding the Grandview development. A development 132 agreement is presented for approval that includes the up front credit requirements for the development M.133 as well as a deposit for city -related costs. The development will provide 7 units of residential 34 housing. The final plat for the development is also before the council. The preliminary plat was 3 COUNCIL MINUTES October 22, 2007 APPROVED 35 approved on August 13, 2007 and the final plat substantially conforms. All conditions of the plat are 136 addressed in the development agreement and associated easements. 137 138 Council Member O'Donnell moved to approve Resolutions. No. 07-171 and 07-172, as presented. 139 Council Member Stoltz seconded the motion. Motion carried unanimously. 140 141 iii. Second reading of Ordinance No. 13-07, vacating road easement, Stagecoach Trail 142 143 Planner Bengtson explained that the Grandview project includes a realignment of roadway. The 144 developer is preparing the dedication of the right of way for the new roadway and is requesting that 145 the city vacate the former right of way. The ordinance before the council provides for that vacation 146 and easement; first reading of the ordinance was approved by the council on October 8, 2007. 147 148 Full reading of the ordinance was dispensed with by unanimous consent. 149 150 Council Member Carlson moved to approve the 2nd Reading of Ordinance No. 13-07, as presented. 151 Council Member Reinert seconded the motion. Motion carried: Yeas, 5; Nays none. 152 153 2007 Public Improvement Assessments 154 i. Resolution No. 07-175 to 07-178, Adopting Assessments, 2007 155 56 Engineer Studenski reported that four development projects are substantially complete and staff is 411, 57 prepared to recommend adoption of assessments related to those projects. For each project, Junes 158 Addition, Pine Glen Second Addition, Cox Estates and Golden Acre, a development contract is in 159 place that allows for the assessments that are outlined in the report. 160 161 Council Member Stoltz moved to approve Resolutions No. 07-175 through 07-179, as presented. 162 Council Member Carlson seconded the motion. Motion carried unanimously. 163 164 ii. Resolution No. 07-174, Adopting Assessments for 2007 individual properties that requested 165 connection to city utilities — Engineer Studenski presented the list of properties for which owners 166 have requested connection to city utilities. In each case, the city has obtained the necessary legal 167 consent to the assessments for the work. The assessments for those properties are presented to the 168 council for adoption. 169 170 Council Member Carlson moved to approved Resolution No. 07-174 as presented. Council Member 171 O'Donnell seconded the motion. Motion carried unanimously. 172 173 ii. Resolution No. 07-181, Approving Change Order No. 2, Legacy at Woods Edge Phase 3 — 174 Streetscaping Improvements — Director Grochala explained that the change order request before the 175 council on the Legacy at Woods Edge Project relates only to the final completion date and so has no 176 monetary impact. Staff approves of the completion date. 177 Ai78 Council Member O'Donnell moved to approve Resolution No. 07-181, as presented. Council 79 Member Stoltz seconded the motion. Motion carried unanimously. 4 080 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 S01 02 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 .24 25 COUNCIL MINUTES October 22, 2007 APPROVED UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS October 1, 2007 Council Work Session Minutes. Council Member Stoltz absent. Council Member Carlson requested that the minutes be corrected by changing the following sentence in the VLAWMO section to read as follows: "She believes the first class postage proposed is too high, it should be a bulk mailing." There was no objection to the change. Council Member Reinert moved to approve the October 1, 2007 Council Work Session Minutes, as corrected. Council Member Carlson seconded the motion. Motion carried — Council member Stoltz abstained. COMMUNITY CALENDAR, OCTOBER 23 — NOVEMBER 13, 2007 f- Tuesday, October 23 Wednesday, October 24 Tuesday, October 30 Wednesday, October 31 Thursday, November 1 Monday, November 5 Monday, November 5 Monday, November 12 Tuesday, November 13 Community Calendar— A Look Ahead October 23 — November 13, 2007 5:30 p.m., Community Room 5:00 p.m., Community Room 5:00 p.m., Community Room 6:30 p.m., Council Chambers 7:00 a.m., Community Room 6:30 p.m., Council Chambers 5:30 p.m., Community Room Holiday — Veteran's Day 6:30 p.m., Council Chambers Special Work Session Referendum Open House Referendum Open House Environment EDAC Park Board Council Work Session City Hall Closed Council Meeting ADJOURN There being no further business, Council Member O'Donnell moved to adjourn at 7:00 p.m. Member Stoltz seconded the motion. Motion carried unanimously. Council These minutes were considered and approved at the regular Council Meeting November 13, 2007. Juliann Bartell, City Cler 5 Joh BergPar' eson, Mayor