HomeMy WebLinkAbout12/10/2007 Council Minutes (2)•
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COUNCIL MINUTES December 10, 2007
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3 REGULAR COUNCIL MEETING
4 December 10, 2007
5
6 TIME STARTED : 6:30 p.m.
7 TIME ENDED : 7:30 p.m.
8 MEMBERS PRESENT : Council Member Carlson, O'Donnell,
9 Reinert, Stoltz, and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott
13 Baumgartner; Community Development Director, Michael Grochala; City Engineer, Jim
14 Studenski; Finance Director, Al Rolek; Director of Public Safety, Dave Pecchia; and City
15 Clerk, Julie Bartell
16
17 PUBLIC COMMENT
18
19 No one was present to address the council regarding a matter not on the agenda.
20
21 SETTING THE AGENDA
22
23 The agenda was reviewed. Item 8E had been added to New Business. Item lE was
24 moved from the Consent Agenda to Unfinished Business (7A).
25
26 CONSENT AGENDA
27
28 Council Member Carlson moved to approve the Consent Agenda. Council Member
29 Stoltz seconded the motion. Motion carried unanimously.
30
31 ITEM ACTION
32
33 Consideration of Expenditures:
34 i) December 10, 2007 (Check No. 81788-81869),
35 $92,662.49; Approved
36 ii) Centennial Fire District (Check No. 2945;
37 2982-2992), $15,164.26 Approved
38
39 Resolution No. 07-203 Approving an Off -Sale Liquor Approved
40 and Tobacco license for Eagle Liquor and Tobacco,
41 730 Apollo Dr, (transfer of ownership to S & C Liquors, Inc.)
42
43 Resolution No. 07-200 Authorizing the Transfer of Approved
44 Funds from the Area and Unit Fund to the Water
45 Operating Fund for Payment of 1996B G.O. Water
46 Revenue Bond
COUNCIL MINUTES December 10, 2007
APPROVED
4111 47
48 Resolution No. 07-201 Authorizing the Transfer of Approved
49 Funds from the Area and Unit Fund to the 2003A G.O.
50 Improvement Bond Debt Service Fund
51
52 Resolution No. 07 202 Authorizing the Transfer of
53 Funds from the Area and Unit Fund to the 2005B G.O.
54 Improvement Bond Debt Service Fund
55
56 Resolution No. 07-204 Amending the City of Lino Approved
57 Lakes Flexible Spending Accounts Plan
58
59 Resolution No. 07-206 Approving a temporary liquor Approved
60 license for the Lino Lake Lions Club Annual Prime Rib
61 Dinner, March 15, 2008, at St. Joseph's Church,
62 171 Elm Street
63
64 FINANCE DEPARTMENT REPORT, AL ROLEK
65
66 There was no report from the Finance Department.
67
68 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
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70 2" reading & passage of Ordinance No. 16-07, establishing the 2008 City Fee
71 Schedule — Clerk Bartell noted that the city chooses to consolidate city fees into one
72 ordinance that is adopted on an annual basis. The city's current fee schedule has been
73 reviewed by staff and recommendations submitted for updating. Changes include an
74 increase in the tobacco license fee, clarification of the city's policy and fees regarding
75 provision of public data, creation of fees associated with the city's new rental housing
76 licensing regulations and general updates to building fees and truck utility and surface
77 water management fees. First reading of the ordinance was approved on November 13.
78 Staff is requesting approval of second reading as well as adoption of the ordinance. The
79 fees would become effective 30 days after publication, in mid-January.
80
81 Council Member Reinert moved to dispense with full reading of the ordinance. Council
82 Member O'Donnell seconded the motion. Motion carried unanimously.
83
84 Council Member Reinert moved to approve 2nd reading of Ordinance No. 16-07 as
85 presented. Council Member Stoltz seconded the motion. Motion carried as follows:
86 Yeas, 5; Nays none.
87
88 Resolution No. 06-206, Approving summary publication of Ordinance 16-07.
89
90 Council Member Reinert moved to approve Resolution No. 07-206 as presented. Council
• 91 Member Stoltz seconded the motion. Motion carried unanimously.
92
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COUNCIL MINUTES December 10, 2007
APPROVED
93 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
94
95 Resolution No. 07-183 accepting the donation of $7,000 from the Turtleman
96 Triathalon to the Police Department - Public Safety Director Pecchia, introduced Dan
97 Conway, Turtleman Triathalon representative, and Andy Bennett and Greg Lewis, Lino
98 Lakes Police Reserve Officers.
99
100 Mr. Conway noted that the Turtleman organization is happy to be in the position to give
101 back. The Police Department of Lino Lakes does a great job; positive comments are
102 always received.
103
104 Public Safety Director Pecchia accepted a check for $7,000 for the City.
105
106 Council Member Carlson moved to approve Resolution No. 07-183 as presented.
107 Council Member Reinert seconded the motion. Motion carried unanimously.
108
109 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
110
111 There was no report from the Public Services Department.
112
113 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA
114
115 2°d Reading of Ordinance No. 19-07 Amending Section 3., Subdivision B of the
116 Zoning Ordinance Relating to Minimum Lot Size for Unsewered Lots, Michael
117 Grochala - Community Development Director Grochala explained that second reading of
118 Ordinance No. 19-07 is before the council for consideration. The ordinance adds to the
119 zoning code language to allow the creation of a parcel not less than one acre in area as
120 security to facilitate a situation such as a reverse mortgage request. The amendment
121 requires that a covenant be recorded that prohibits transfer of the created lots unless they
122 are combined; in addition, there is a prohibition of conveyance by a lending institution
123 who has acquired title as a result of a foreclosure. Staff has spoken with a representative
124 of the finance industry who reviewed the proposed amendment and concurred that it
125 would facilitate issuance of a reverse mortgage.
126
127 Council Member Stoltz moved to dispense with full reading of the ordinance. Council
128 Member O'Donnell seconded the motion. Motion carried.
129
130 It was noted by a council member that they had received a call from a senior citizen
131 requesting assistance with a reverse mortgage.
132
133 Council Member Carlson moved to approve 2" reading and passage of Ordinance No.
134 19-07 as presented. Council Member Reinert seconded the motion. Motion carried as
135 follows: Yeas, 5; Nays none.
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COUNCIL MINUTES December 10, 2007
APPROVED
136 Public Hearing and 1st Reading of Ordinance No. 18-07, Vacating Portions of Two
137 Drainage and Utility Easements, Lot 1, Block 9, Oakwood View, (135 Ash Street) -
138 City Engineer Studenski explained that staff is presenting for first reading an ordinance
139 vacating portions of two draining and utility easements in the Oakwood View plat in
140 order to accommodate a change and a correction to plans for a planned residence (group
141 home) in the area. The plans have change from a two-story to one-story residence, thus
142 creating a larger footprint that would encroach onto the planned drainage easement. Also
143 a correction is requested to vacate an easement in the location of the planned driveway, a
144 design oversight. Neither vacation will adversely affect drainage of the property.
145
146 When asked if the area in question is included in a shoreland protection area, staff replied
147 that it is not.
148
149 The public hearing was opened at 6:55 p.m.
150
151 There was no one present wishing to speak.
152
153 Council Member O'Donnell moved to close the public hearing at 6:55 p.m. Council
154 Member Stoltz seconded the motion. Motion carried.
155
156 Council Member Reinert moved to dispense with full reading of the ordinance. Council
157 Member Carlson seconded the motion. Motion carried.
158
159 Council Member O'Donnell moved to approve 1st reading of Ordinance No. 18-07 as
160 presented. Council Member Stoltz seconded the motion. Motion carried as follows:
161 Yeas, 5; Nays none.
162
163 Resolution No. 07-194, Approving Payment Request No. 2 (Final), 2007 Surface
164 Water Management Project, Outfall Cleaning - City Engineer Studenski explained
165 that staff is requesting approval to make a final payment on the outfall cleaning portion of
166 this year's surface water management project. The work was completed satisfactorily
167 and under the engineer's estimate. Staff is recommending approval.
168
169 Council Member Reinert moved to approve Resolution No. 07-194 as presented. Council
170 Member Carlson seconded the motion. Motion carried unanimously.
171
172 UNFINISHED BUSINESS
173
174 Resolution No. 07-201 Authorizing the Transfer of Funds from the Area and Unit
175 Fund to the 2005B G.O. Improvement Bond Debt Service Fund
176
177 Finance Director Rolek explained that each year the city makes a transfer from the Area
178 and Unit Fund that has the primarily responsibility of financing bond issues. In some
179 cases it is the fall back funding. Sometimes a portion of a project is assessed and another
180 portion may need to be assessed as development and hookup occurs. Finance relies upon
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COUNCIL MINUTES December 10, 2007
APPROVED
181 those future assessments. As those assessments are awaited, the debt service is funded by
182 the Area and Unit Fund. This resolution accomplishes that element of the budget.
183
184 Council Member Reinert moved to approve Resolution No. 201, as presented. Council
185 Member O'Donnell seconded the motion. Motion carried.
186
187 NEW BUSINESS
188
189 Approval of November 13, 2007 Canvassing Board Minutes
190 Council Members Stoltz and Reinert absent
191
192 Council Member Carlson moved to approve the minutes of the November 13, 2007
193 Canvassing Board meeting as presented. Council Member O'Donnell seconded the
194 motion. Council Members Stoltz and Reinert abstained. Motion carried.
195
196 Approval of November 26, 2007 Work Session Minutes
197 Mayor Bergeson absent
198
199 Council Member O'Donnell moved to approve the minutes of the November 26, 2007
200 Council Work Session as presented. Council Member Reinert seconded the motion.
201 Mayor Bergeson abstained. Motion carried.
202
203 Approval of November 26, 2007 City Council Meeting Minutes
204 Mayor Bergeson absent
205
206 Council Member O'Donnell moved to approve the minutes of the November 26, 2007
207 City Council Meeting as presented. Council Member Reinert seconded the motion.
208 Mayor Bergeson abstained. Motion carried.
209
210 Receive from the Lino Lakes Charter Commission a substitute amendment
211 proposed to Charter Chapter VIII, Public Improvements and Special Assessments -
212
213 Administrator Heitke explained that the substitute amendment proposed by the Charter
214 Commission comes to the council for review. The council had forwarded to the
215 commission a proposed amendment to the same chapter based on the report and
216 recommendations of the Citizens Task Force to Review Charter Provisions Pertaining to
217 Local Improvements. State statute dictates the process for charter amendments. The
218 process and a timeline for reviewing the substitute charter amendment will be an item on
219 the January work session agenda.
220
221 Council Member Reinert moved to receive the substitute amendment with thanks to the
222 Charter Commission for their work. Council Member Carlson seconded the motion.
223 Motion carried unanimously.
COUNCIL MINUTES December 10, 2007
APPROVED
41) 224
225 Property Acquisition for Lake Drive Improvement Project — City Attorney
226 Baumgartner requested a conference with the council regarding litigation on the matter of
227 property acquisition for the Lake Drive Improvement Project. He recommends that the
228 council enter a closed session.
229
230 Council Member Reinert moved that the council recess to a closed session. Council
231 Member O'Donnell seconded the motion. Motion carried unanimously.
232
233 The council met in closed session from 7:10 p.m. to 7:27 p.m. at which time the council
234 meeting was reopened.
235
236 City Attorney Baumgartner explained that the council received a proposed settlement
237 agreement during closed session. He is recommending that the council approve the
238 agreement, authorize the Mayor and City Clerk to sign the agreement and direct the
239 attorney to prepare and file all related necessary documents with the district court.
240
241 Council Member Reinert so moved. Council Member O'Donnell seconded the motion.
242 Motion carried unanimously.
243
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247
248
249
250
251
252
253 ADJOURN
254
255 There being no further business, Council Member Carlson moved to adjourn at 7:30 p.m.
256 Council Member Stoltz seconded the motion. Motion carried unanimously.
257
258 These minutes were considered and approved at the regular City Council Meeting on
259 December 17, 2007.
260
261
pftardspa
263 Julia e Bartell, City Cle k John ergeson, Mayo`f
264
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Community Calendar— A Look. Ahead
December 11 — December 17, 2007
Wednesday, December 12 6:30 p.m., Council Chambers Planning & Zoning
Monday, December 17 5:30 p.m., Community Room Council Work Session
AL Monday, December 17 6:30 p.m., Council Chambers Council Meeting