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Home My WebLink About11/13/2007 Council Minutes• COUNCIL MINUTES 1 -1- APPROVED CITY OF LINO LAKES November 13, 2007 2 MINUTES 3 4 5 DATE : November 13, 2007 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Council Member Carlson, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : Council Member Stoltz 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; Community Development Director, Michael Grochala; City Planner, Paul Bengtson; City Engineer, Jim Studenski; and City Clerk, Julie Bartell PUBLIC COMMENT No one was present to address the council regarding a matter not on the agenda. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA There was a correction to Item 1 C, the minutes of the council meeting of October 22, 2007, Item No. 1C, Ordinance No. 14-07, the roll call vote was corrected from "Nays, 1" to read "Nays, 2". Council Member O'Donnell moved to approve the Consent Agenda. Council Member Carlson seconded the motion. Motion carried. ITEM ACTION Consideration of Expenditures: i) November 13, 2007 (Check No. 81525-81674), $605,058.12; ii) Centennial Fire District (Check No. 2943- 2963), $13,846.48 October 22, 2007 October 22, 2007 October 22, 2007 Council Work Session Minutes City Council Meeting Minutes Closed City Council Meeting Minutes Approved Approved Approved Approved (as corrected) Approved COUNCIL MINUTES -2- APPROVED November 13, 2007 • 47 48 October 23, 2007 Special Council Work Session Approved 49 Minutes (re: Compensation System) 50 51 Resolution No. 07-186, Approving Community 52 Development Budget Amendment, Purchase of 53 Licensing software Approved 54 55 Approve Application of Blue Heron Elementary 56 PTO to Conduct Excluded Bingo Approved 57 58 59 FINANCE DEPARTMENT REPORT, AL ROLEK 60 61 There was no report from the Finance Department. 62 63 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 64 65 First Reading of Ordinance No. 16-07, establishing the 2008 City Fee Schedule — 66 Clerk Bartell noted that the city chooses to consolidate city fees into one ordinance that is 67 adopted on an annual basis. The city's current fee schedule has been reviewed by staff 68 and recommendations submitted for updating. Changes include an increase in the • 69 tobacco license fee, clarification of the city's policy and fees regarding provision of 70 public data, creation of fees associated with the city's new rental housing licensing 71 regulations and general updates to building fees. 72 73 Second reading of the ordinance will be delayed until December in order to meet the City 74 Charter requirement of 14 days between introduction and passage. 75 76 There was a request to review the fees charged to solid waste haulers to ensure that they 77 are up to date. 78 79 Council Member Reinert moved to dispense with full reading of the ordinance. Council 80 Member O'Donnell seconded the motion. Motion carried. 81 82 Council Member Carlson moved to approve 1St reading of Ordinance No. 16-07 as 83 presented. Council Member Reinert seconded the motion. Motion carried as follows: 84 Yeas, 4; Nays none; Council Member Stoltz absent. 85 86 Approval of VLAWMO Rule - Administrator Heitke explained that the Vadnais Lake 87 Area Water Management Organization (VLAWMO) is establishing a storm water utility 88 to fund its operations and projects. They have developed a storm water utility rule which 89 sets forth how fees are calculated and collected. Comments on the rule are being 90 accepted from member communities of which Lino Lakes is included. •91 92 Council Member O'Donnell moved to approve the VLAWMO rule as presented. Council • • • COUNCIL MINUTES -3- APPROVED November 13, 2007 93 Member Reinert seconded the motion. Motion carried unanimously; Council Member 94 Stoltz absent. 95 96 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 97 98 There was no report from the Public Safety Department. 99 100 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 101 102 There was no report from the Public Services Department. 103 104 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL 105 GROCHALA 106 107 Public Hearing. First Reading of Ordinance No. 17-07, Vacating a portion of the 108 drainage and utility easement on Lot 16 Block 4 of the recorded plat Park Grove — 109 Paul Bengston reported that property owners are requesting a reduction to the 30 foot 110 easement along the south line of their property to allow for improvements including a 111 deck and swimming pool. The city engineer determined that a 15 foot easement would 112 still maintain the drainage patterns of the surrounding area. 113 114 Since the request was submitted, however, comments of concern have been received from 115 neighbors. Staff is now requesting that the matter be tabled until the next regular council 116 meeting on November 26, 2007 to allow time to work with the neighbors on their 117 concerns. The public hearing should not be closed. 118 119 The public hearing was opened at 6:47 p.m. 120 121 Tom Belich, 493 Linden Lane, explained that his property abuts on the south side of the 122 property in question. His concerns at this time are manyfold. Most neighbors seem to 123 have similar concerns about flooding and it is not uncommon to have water lying on both 124 sides of the property line. On the property where the variance is requested there is a 125 smaller gathering pool and that means the water moves to other area properties. There 126 hasn't been communication from the neighbor requesting the variance. 127 128 Kelly Bernard, 499 Linden Lane, noted that the property where the variance is requested 129 is directly behind her property. When it rains, she gets a river in the back yard and she 130 doesn't want any changes that will aggravate that situation. The grading of the property 131 is such that any additional water could pose a hazard to her property; the sump pump runs 132 continually. 133 134 Steve Tlachac, property owner requesting the easement explained that he plans to put in 135 an above -ground pool. No part of the pool would be within the 15 feet. No landscape or 136 slope of the property is proposed to be changed. 137 138 Sharon Belich, 493 Linden Lane, questioned where would the water from the above • 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 • 183 184 COUNCIL MINUTES -4- APPROVED November 13, 2007 ground pool be emptied and how? That water may flood the yards in the area. Council Member Carlson moved to continue the public hearing. Council Member Reinert seconded the motion. Motion carried unanimously; Council Member Stoltz absent. Council Member Reinert moved to table the first reading of Ordinance No. 17-07 to November 26, 2007. Council Member O'Donnell seconded the motion. Motion carried unanimously; Council Member Stoltz absent Resolution No. 07-187, Approving Change Order No. 7, Lake Drive/35W Interchange Improvement — Community Development Grochala updated the council on the project schedule. The change order before the council relates to an identified drainage need. The cost of the change order is within the project contingency budget. It was clarified that the existing pipe was put in with the initial construction of the bridge in 1966 or 1967. Council Member O'Donnell moved to approve Resolution No. 07-187 as presented. Council Member Reinert seconded the motion. Motion carried unanimously; Council Member Stoltz absent. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY CALENDAR, NOVEMBER 14 — NOVEMBER 26, 2007 • Wednesday, November 14 • Thursday, November 15 • Thursday, November 22 • Friday, November 23 • Monday, November 26 • Monday, November 26 6:30 p.m., Council Chambers 6:30 p.m., Police Work Room Holiday — Thanksgiving Day Holiday — Thanksgiving Friday 5:30 p.m., Community Room 6:30 p.m., Council Chambers Planning & Zoning Special Charter Mtg. City Hall Closed City Hall Closed Council Work Session Council Meeting ADJOURN There being no further business, Council Member Carlson moved to adjourn at 7:00 p.m. Council Member O'Donnell seconded the motion. Motion carried unanimously; Council COUNCIL MINUTES el 185 Member Stoltz absent. 186 • -5- APPROVED November 13, 2007 187 These minutes were considered and approved at the regular Council Meeting November 188 189 190 19 192 u1 T e Bartell, Cit Clerk John Bergeson, Mayor 26, 2007. Psitf gardePut