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Home My WebLink About01/28/2008 Council Minutes (2)APPROVED •1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : January 28, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:06 p.m. 8 MEMBERS PRESENT : Council Member Gallup, Reinert, O'Donnell 9 and Mayor Bergeson 10 MEMBERS ABSENT : Council Member Stoltz 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Finance 14 Director, Al Rolek; City Planner, Jeff Smyser; City Planner, Paul Bengtson 15 16 PUBLIC COMMENT 17 18 There was no one present for public comment. 19 20 SETTING THE AGENDA 21 22 The agenda was approved, as presented. 3 24 CONSENT AGENDA 25 26 Council Member Gallup moved to approve the Consent Agenda. Council Member O'Donnell 27 seconded the motion. Motion carried on a voice vote. 28 29 ITEM ACTION 30 31 Consideration of Expenditures: 32 33 January 28, 2008 (Check No. 82102 through 82223), 34 $1,101,010.40; Approved 35 36 Centennial Fire District (Check No. 3081 through 37 3098), $52,197.21 Approved 38 39 Resolution No. 08-14, Adopting guidelines and procedures 40 for the City's data practices Approved 41 42 Resolution No. 08-16, Approving Joint Powers Agreement with 43 Circle Pines, North Road Area, Jim Studenski Approved • COUNCIL MINUTES January 28, 2008 APPROVED 044 45 FINANCE DEPARTMENT REPORT, AL ROLEK 46 47 Resolution No. 08-12, Adopting Five -Year Financial Plan for 2008-2012 — Finance Director 48 Rolek explained that he is presenting for adoption the city's Five Year plan as required by the 49 City Charter. The plan, as presented, contains all the required elements: public service program, 50 revenue program, capital improvement program and capital budget. Assumptions included in the 51 plan are based on projections and historical data and a general inflation rate of 3% is utilized for 52 most projections. The plan recognizes a period of slower than previously anticipated growth and 53 resulting tax rate impacts. The plan has been reviewed by the city council at several work 54 sessions and hearing was held on January 14, 2008 to receive public comment on the document. 55 Staff is recommending adoption of the plan at this time. 56 57 Council Member O'Donnell moved to approve Resolution No. 08-12 as presented. Council 58 Member Gallup seconded the motion. Motion carried on a voice vote; Council Member Reinert 59 voted nay; Council Member Stoltz was absent. 60 61 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 62 63 There was no report from the Administration Department. 64 65 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 066 67 There was no report from the Public Safety Department. 68 69 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 70 71 There was no report from the Public Services Department. 72 73 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 74 75 Consideration of 2nd Reading of Ordinance No. 18-07, Vacating Portions of Two Drainage and 76 Utility Easements, Lot 9, Block 1, Oakwood View — City Planner Smyser explained that the 77 ordinance before the council for second reading would vacate two portions of a site within the 78 Oakwood View plat and is requested because construction plans have changed from a two story 79 duplex to a one story structure with a larger footprint that would encroach into the drainage and utility 80 easement. The other vacation relates to an oversight in original platting and would simply allow the 81 location of a driveway. Staff recommends approval of the request. 82 83 Ordinances approved by the council are required to be published and state law allows for a summary 84 publication when that is appropriate. • 2 COUNCIL MINUTES January 28, 2008 APPROVED •85 86 Council Member Reinert moved to dispense with full reading of the ordinance. Council Member 87 Gallup seconded the motion. Motion carried on a voice vote. 88 89 Council Member Reinert moved to adopt 2nd reading of Ordinance No. 18-07 as presented. 90 Council Member O'Donnell seconded the motion. A roll call vote was taken. Motion carried as 91 follows: Yeas, 4; Nays none; Council Member Stoltz was absent. 92 93 Consideration of Resolution No. 08-01, Approving Summary of Ordinance No. 18-07, Jeff 94 Smyser 95 96 Council Member O'Donnell moved to approve Resolution No. 08-01 as presented. Council 97 Member Gallup seconded the motion. Motion carried. 98 99 Consideration of 2nd Reading of Ordinance No. 01-08, Amending the Zoning Ordinance to 100 Establish a Time Limit for Completion of Exterior Improvements to Structures - City 101 Planner Smyser explained that the ordinance before the council for second reading would add 102 language to the Zoning Ordinance that would require that work on the exterior of a building be 103 completed within a specified period of time after the permit is issued. The Planning and Zoning 104 Board held a public hearing on the ordinance ultimately recommended its adoption. 105 106 Ordinances approved by the council are required to be published and state law allows for a summary •07 publication when that is appropriate. 108 109 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 110 Member Gallup seconded the motion. Motion carried. 111 112 Council Member O'Donnell moved to approve 2nd reading of Ordinance No. 01-08 as presented. 113 Council Member Reinert seconded the motion. A roll call vote was taken. Motion carried as 114 follows: Yeas, 4; Nays none; Council Member Stoltz was absent. 115 116 Consideration of Resolution No. 08-03, Approving Summary of Ordinance 01-08, Jeff 117 Smyser 118 119 Council Member Reinert moved to approve Resolution No. 08-03 as presented. Council 120 Member Gallup seconded the motion. Motion carried. 121 122 Continued Public Hearing. Consideration of 1st Reading of Ordinance No. 17-07, Vacating a 123 portion of the drainage and utility easement on Lot 16 Block 4 of the recorded plat Park 124 Grove — City Planner Bengtson explained that the city has received a request from property 125 owners to vacate a portion of a drainage and utility easement to allow property improvements. 126 There was some concern among area property owners that the easement would worsen an existing 127 drainage problem in the neighborhood. The City Engineer has reviewed the drainage, reported 128 that the easement will not impact the situation and will address the situation in the 2008 Surface 29 Water Management program. Staff is recommending approval of the vacation. 30 3 COUNCIL MINUTES January 28, 2008 APPROVED •31 Mayor Bergeson reopened the public hearing at 6:46 p.m. There was no one wishing to speak on 132 the matter. 133 134 The public hearing was closed. 135 136 Council Member Reinert moved to dispense with full reading of the ordinance. Council Member 137 O'Donnell seconded the motion. Motion carried. 138 139 Council Member O'Donnell moved to approve 1st reading of Ordinance No. 17-07 as presented. 140 Council Member Reinert seconded the motion. Motion carried as follows: Yeas, 4; Nays none; 141 Council Member Stoltz was absent. 142 143 Consideration of Resolution No. 08-15, Variance to allow an existing detached accessory 144 structure to encroach into the side setback, 2221 Reiling Road — City Planner Bengtson 145 reviewed the variance request of Mr. Kenneth Muehlsted, 2221 Reiling Road. The issue of a 146 insufficient setback for an accessory building on the property dates back to 1987. The current 147 variance request would allow a 4.29 foot setback where 5 feet is required. Staff is presenting 148 appropriate variance findings and is recommending approval of the request. 149 150 The Planning and Zoning Board has approved the request. 151 152Council Member Gallup moved to approve Resolution No. 08-15 as presented. Council Member 053 O'Donnell seconded the motion. Motion carried. 154 155 Consideration of Resolution No. 08-13, Concurring with the MnDOT proposal to construct 156 noise walls along the north side of 35W between Sunset Rd. & Savannah Ct. — City Engineer 157 Studenski noted that staff is requesting approval of a resolution concurring with the Minnesota 158 Department of Transportation's plan to construction a noise wall in Lino Lakes. He reviewed 159 plans noting how and where trees/landscaping could be affected. The wall would be fully funded 160 by the state. A neighborhood meeting on the proposal was conducted and the wall has great 161 support. One commercial property has voiced opposition. 162 163 Council Member Reinert moved to approve Resolution No. 08-13 as presented. Council 164 Member Gallup seconded the motion. Motion carried. 165 166 1 �fva 167 Approval of the November 5, 2007 Council Work Session Minutes Council Member Gallup 168 not on council 169 170 Council Member O'Donnell moved to approve the minutes of the November 5, 2007 Council 171 Work Session Minutes as presented. Council Member Reinert seconded the motion. Motion 172 carried. Council Member Gallup abstained. 4073 4 COUNCIL MINUTES 1174 APPROVED • January 28, 2008 175 Approval of December 17, 2007 Council Work Session Minutes Council Member Gallup 176 not on council 177 178 Council Member Reinert moved to approve the minutes of the December 17, 2007 Council Work 179 Session Minutes as presented. Council Member O'Donnell seconded the motion. Motion 180 carried. Council Member Gallup abstained. 181 182 Approval of December 17, 2007 City Council Meeting Minutes Council Member Gallup 183 not on council 184 185 Council Member Reinert moved to approve the minutes of the December 17, 2007 City Council 186 Meeting Minutes as presented. Council Member O'Donnell seconded the motion. Motion 187 carried. Council Member Gallup abstained. 188 189 Approval of January 7, 2008 Council Work Session Minutes Council Member O'Donnell 190 absent 191 192 Council Member Reinert moved to approve the minutes of the January 7, 2008 Council Work 193 Session Minutes as presented. Council Member Gallup seconded the motion. Motion carried. 194 Council Member O'Donnell abstained. .95 96 Approval of January 14, 2008 City Council Meeting Minutes Council Members Reinert & 197 O'Donnell absent 198 199 No action taken. 200 201 There being no further business, Council Member Reinert moved to adjourn at 7:06 p.m. 202 Council Member O'Donnell seconded the motion. Motion carred. 203 204 205 206 207 208 209 210 211 212 213 214 • 41* lig l Community Calendar - A Look Ahead January 29, 2008 through February 11, 2008 Wednesday, January 30 Monday, February 4 Monday, February 4 Thursday, February 7 Monday, February 11 Monday, February 11 6:30 pm, Council Chambers Environmental Board — meeting cancelled 5:30 pm, Community Room Council Work Session 6:30 pm, Library Park Board 7:00 am, Community Room EDAC 6:15 pm, Council Chambers Liquor Compliance Hearing 6:30 pm, Council Chambers Council Meeting 5 COUNCIL MINUTES APPROVED January 28, 2008 015 These minutes were considered and approved at the regular City Council Meeting on February 216 25, 2008. 217 218 219 220 paysismi 221 Ju farm- artell, City Cle John Bergeson, Mayor 222 223 An Economic Development Authority (EDA) meeting immediately followed adjournment of the 224 regular council meeting. • • 6