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HomeMy WebLinkAbout11/26/2007 Council Minutes (2)COUNCIL MINUTES November 26, 2007 APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : November 26, 2007 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:18 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz 10 MEMBERS ABSENT : Mayor Bergeson 11 12 Staff members present: Director of Administration, Dan Tesch; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Director of 14 Public Safety, Dave Pecchia; Associate Planner, Paul Bengtson; and City Clerk, Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present for public comment. 19 20 SETTING THE AGENDA 21 22 The agenda was amended to move Item 4A ahead of Item 3A as they are related and would be more • 23 appropriately considered in that order. The agenda, as amended, was approved. 24 25 Item 8A will be postponed. 26 27 CONSENT AGENDA 28 29 Council Member Carlson requested Item 1B be referred to the council work session of December 3, 30 2007, for further discussion. 31 32 Council Member Carlson moved to approve the Consent Agenda, as amended. Council Member 33 Stoltz seconded the motion. Motion carried. 34 35 ITEM ACTION 36 37 Expenditures: 38 i) November 26, 2007 (Check No. 81675-81787), 39 $1,288,973.49; Approved 40 ii) Centennial Fire District (Check No. 2965- 41 2981), $26,832.98 Approved 42 43 November 5, 2007 Council Work Session Minutes Referred to 44 12/3 work session • 45 COUNCIL MINUTES November 26, 2007 APPROVED 46 Resolution No. 07-193, Supporting Anoka County Trail lip 47 in the Pursuit of Funding for the Rice Creek North 48 Regional Trail Approved 49 50 Resolution No. 07-197, Authorizing Transfer of DWI 51 Forfeiture Funds to the Capitol Equipment Fund Approved 52 53 Resolution No. 07-196, Aproving Transfers for 54 Installment Payment on Interfund Loan for Recreation 55 Complex Land Approved 56 57 58 FINANCE DEPARTMENT REPORT, AL ROLEK 59 60 There was no report from the Finance Department. 61 62 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 63 64 Resolution No. 07-198 accepting a $40,000 Grant from Minnesota Department of Justice 65 Programs, to support assigning a police officer to the Metro Gang Strike Force — Public Safety 66 Director Dave Pecchia reported that the Metro Gang Strike Force is a multi law enforcement agency 67 group that has been established to coordinate efforts to prevent gang activity in the metropolitan area. •68 He is recommending that Lino Lakes participate in the task force effort by assigning one officer to the 69 force; the department will receive a $40,000 grant to assist with the costs associated with the 70 assignment. The benefit to the city of participating is specialized training and experience as well as 71 being proactive in the area of fighting gang issues. 72 73 Council Member Reinert moved to approve Resolution No. 07-198 as presented. Council Member 74 Carlson seconded the motion. Motion carried. 75 76 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 77 78 Hiring of two police officers— Administration Director Tesch reported that staff would like to make 79 two tentative offers of employment for the position of police officer, to Chad Schirmers and Dan 80 Thill. One of these positions relate to the city's participation in the Metro Gang Strike Force. 81 82 Offers would be contingent upon successful completion of background and psychological testing. 83 The first offer of employment would be for Mr. Schirmers. 84 85 Council Member Stoltz moved to approve the hiring of two police officers as presented. Council 86 Member O'Donnell seconded the motion. Motion carried unanimously. 87 88 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 89 • 90 There was no report from the Public Services Department. 2 COUNCIL MINUTES November 26, 2007 APPROVED 91 •92 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 93 94 Public Hearing. 1St Reading of Ordinance No. 17-07, Vacating a portion of the drainage and 95 utility easement on Lot 16 Block 4 of the recorded plat Park Grove - Planner Bengtson recalled 96 that the council reviewed this request for a vacation on November 13, 2007, from property owners 97 Stephen & Jacklyn Tlachac. At that time, residents in the area of the request expressed some concern 98 about drainage issues. 99 100 A meeting was held with surrounding neighbors but there are questions remaining Staff therefore 101 recommends that they be directed to continue meeting with the area residents for further discussion of 102 the issues. 103 104 Staff recommends that the public hearing be continued and the ordinance tabled to the January 14, 105 2008 meeting. 106 107 Acting Mayor O'Donnell noted that the public hearing remains open and called for speakers. 108 109 Paul Bernard, 499 Linden Lane, reported that there has been a meeting and he is glad there will be 110 more discussion. In the 13 years he has lived in the area, he can verify that there have been drainage 111 issues. 112 •13 Council Member Reinert moved to table consideration of the ordinance and continue the public 114 hearing to January 14, 2008. Council Member Stoltz seconded the motion. Motion carried. 115 116 1st Reading of Ordinance No. 19-07 Amending Section 3, Subdivision B of the Zoning Ordinance 117 Relating to Minimum Lot Size for Unsewered Lots, Michael Grochala 118 Reading and roll call required 119 120 Community Development Director Grochala noted that the council has twice received a request from 121 a property owner for city assistance in his attempt to secure a reverse mortgage on a ten acre parcel in 122 the city. Reverse mortgage regulations prohibit mortgaging property over three acres in size and city 123 zoning regulations prohibit subdivision of lots under ten acres. The first request for assistance was 124 denied in 2004. When the same property owner approached the city in 2007, the council directed 125 staff to prepare an amendment to the zoning code that would assist the property owner. The council 126 reviewed the proposed change and the matter was referred to the Planning and Zoning Board for 127 advice. 128 129 The Planning and Zoning Board held a public hearing on November 14, 2007. No public comment 130 was received. The Board did not recognize any problem with the zoning code language but rather 131 with the financial institutions' limitations on lot sizes. The board voted unanimously to recommend 132 denial of the proposed ordinance amendment. 133 134 Staff is concerned with the practice of amending the zoning code to satisfy a private requirement and 41,35 is not recommending the ordinance amendment. 3 COUNCIL MINUTES November 26, 2007 APPROVED 136 •137 It was clarified that the issue is not one with financial community as much as with the underwriters 138 for land resale possibilities. 139 140 To tighten the proposed ordinance amendment, a council member recommended that Section 2B, 141 subdivision 2b be amended to read: 142 143 b. There exists a habitable single family home constructed after July 13, 1992, and the creation 144 of a new lot is needed to provide security to a third party lending institution for owner 145 financing of the existing habitable single family home. 146 147 Attorney Baumgartner suggested that language could be helpful but there would remain many 148 different scenarios that could come up and there is really not a way to tighten the language to cover 149 them all. The amendment addresses a unique situation but it opens the door for other applications. 150 151 A council member offered support for the ordinance. The impact on future development of Lino 152 Lakes will not be drastic but approval of the language should be very important to a few residents. 153 Thanks were offered to the City Attorney and staff for bringing forward the solution. 154 155 Full reading of the ordinance was dispensed with by unanimous consent. 156 157 A council member expressed concern about the staff recommendation for denial. The ordinance may 58 be revisited and corrected if necessary. It is clear that this will be a relief for some residents in a 159 certain situation. 160 161 Council Member Stoltz moved to approve the 1st Reading of Ordinance No. 19-07, with the inclusion 162 of the suggested amendment to Section 2B, subd 2b. Council Member Carlson seconded the motion. 163 Motion carried: Yeas, 4; Nays 0; Absent — Mayor Bergeson. 164 165 Approval of Resolution No. 07-189, Extension of the Preliminary Plat and Variance Approvals for 166 Fran's Estate — Community Development Director Grochala explained that the applicant has indicated that 167 they will not be able to meet the deadline for final platting of this two -lot residential subdivision and they 168 are requesting a 12 month extension to the deadline. Staff does not object to the extension. 169 170 Council Member Carlson moved to approve Resolution No. 07-189 as presented. Council Member 171 Reinert seconded the motion. Motion carried. 172 173 Approval of Resolution No. 07-188, Extension of the Final Plat Approval for Golden Acre — City 174 Engineer Studenski explained that the applicant has indicated that they will not be able to meet the deadline 175 for final platting of this four -lot residential subdivision and they are requesting a 90 day extension to the 176 deadline. Staff does not object to the extension. 177 178 It was verified that this is the first request for extension. 179 • 4 COUNCIL MINUTES November 26, 2007 APPROVED 180 Council Member Stoltz moved to approve Resolution No. 07-188 as presented. Council Member 411181 Reinert seconded the motion. Motion carried. 182 183 Approval of Resolution No. 07-199, Repealing Resolution No. 07-178 Adopting assessments for 184 the Golden Acre Development Project — City Engineer Studenski noted that this item is related to 185 the previous item and because the final plat is not being adopted, the previously authorized related 186 special assessments should be repealed. Resolution No. 07-199 will accomplish that repeal. 187 188 Council Member Reinert moved to approve Resolution No, 07-199 as presented. Council Member 189 Stoltz seconded the motion. Motion carried. 190 191 Approval of Resolution No. 07-190, Receive Petition for West Oaks Utility Improvements — Engineer 192 Studenski noted that residents have provided a petition to the city representative of 47% of the property 193 owners. Staff proposes to send a letter to area residents to get further input especially from those residents 194 who did not sign the petition. Staff recommends that the council receive the petition and authorize 195 distribution of a letter. 196 197 Council Member Reinert moved to approve Resolution No. 07-190 as presented. Council Member 198 Stoltz seconded the motion. Motion carried. 199 200 Approval of Resolution No. 07-191, Payment Request No. 2 (Final), 2007 Surface Water Management 201 Project, Pipe Cleaning — City Engineer Studenski reported that staff requests authorization to make payment to the service provider, Westscope Environmental Services, for the 2007 Surface Water •02 03 Management Project for their final bill. 204 205 Council Member Carlson moved to approve the Resolution No. 07-191 as presented. Council 206 Member Stoltz seconded the motion. Motion carried. 207 208 Approval of Resolution No. 07-192, Payment Request No. 2 (Final), and Change Order No. 1, 2007 209 Sealcoat Project — City Engineer Studenski reported that the 2007 SealCoat Project was awarded to 210 Pearson Brothers who have satisfactorily completed their services. The final bill came in under estimate 211 and staff requests authorization to make the final payment and related change order. 212 213 Council Member Stoltz moved to approve the Resolution No. 07-192 as presented. Council Member 214 Reinet seconded the motion. Motion carried. 215 216 Approval of Resolution No. 07-195, Change Order No. 8, Lake Drive/35W Improvement Project - 217 Community Development Director Grochala reported that the new portion of the bridge is complete and in 218 use. This change order to the project relates to a pond included in the project, adding a retaining wall to 219 provide further protection to area property owners. The change order can be paid from the project 220 contingency. 221 222 Council Member Carlson moved to approve the Resolution No. 07-195 as presented. Council 223 Member Reinert seconded the motion. Motion carried. 024 5 25 26 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 .47 48 249 250 251 252 253 254 255 256 ADJOURN 257 258 There being no further business, Council Member Stoltz moved to adjourn at 7:18 p.m. Council 259 Member Reinert seconded the motion. Motion carried. 260 261 These minutes were considered and approved at the regular Council Meeting of December 10, 2007. COUNCIL MINUTES November 26, 2007 APPROVED UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS November 13, 2007 Canvassing Board Minutes. Council Members Stoltz and Reinert absent. Postponed to next council meeting. November 13, 2007 City Council Meeting Minutes. Council Member Stoltz absent. Council Member Carlson moved to approve the November 13, 2007 City Council Meeting Minutes as presented. Council Member Reinert seconded the motion. Motion carried — Council member Stoltz abstained. COMMUNITY CALENDAR, NOVEMBER 27 -DECEMBER 10, 2007 4 Wednesday, November 28 4 Thursday, November 29 4 Monday, December 3 4 Monday, December 3 4 Tuesday, December 4 4 Thursday, December 6 4 Monday, December 10 4 Monday, December 10 Community Calendar— A Look Ahead November 27 — December 10, 2007 6:30 p.m., Council Chambers Environment 6:30 p.m., Community Room Charter Commission 6:30 p.m., Council Chambers 5:30 p.m., Community Room 6-8 p.m., Council Chambers 7:00 a.m., Community Room 6:00 p.m., Council Chambers 6:30 p.m., Council Chambers Park Board (canceled) Council Work Session Comp Plan Open House EDAC Truth in Taxation Council Meeting 262 y3 263(.1. fr SIAP6:40~Puf 264 ^ t spar e Bartell, City C)erk"--- John Bergeson, Mayor 265 • 6