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Home My WebLink About02/11/2008 Council Minutes (2)COUNCIL MINUTES February 11, 2008 APPROVED • 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 FEBRUARY 11, 2008 5 6 TIME STARTED : 6:50 p.m. 7 TIME ENDED : 8:00 p.m. 8 MEMBERS PRESENT : Council Member Stoltz, Gallup, Reinert, 9 O'Donnell and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City 14 Planner, Jeff Smyser; City Planner, Paul Bengtson; Public Safety Director, Dave Pecchia; Police 15 Captain, Kent Strege; City Clerk, Julie Bartell 16 17 PUBLIC COMMENT 18 19 There was no one present for public comment. 20 21 SETTING THE AGENDA 22 •23 The agenda was reviewed. 24 25 CONSENT AGENDA 26 27 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 28 seconded the motion. Motion carried. 29 30 ITEM ACTION 31 32 Consideration of Expenditures: 33 34 February 11, 2008 (Check No. 82240 through 82300), 35 $160,961.40; Approved 36 37 Centennial Fire District (Check No. 3099 through 38 3115), $9,035.73 Approved 39 40 Resolution No. 08-20, Approving Final Payment Request, 41 WB Miller, Inc., Lino Lakes Regional Trail, Jim Studenski Approved 42 43 FINANCE DEPARTMENT REPORT, AL ROLEK 44 •45 There was no report from the Finance Department. 46 1 COUNCIL MINUTES February 11, 2008 APPROVED 047 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 48 49 Resolution No. 08-11, providing for a finding of violation of the City liquor code and 50 imposing penalties against Miller's on Main — City Clerk Bartell reported that earlier in the 51 evening, the council held a hearing to review the police department's report and 52 recommendations relative to compliance checks that were conducted on Lino Lakes licensed 53 liquor establishments. 54 55 Miller's on Main was found to have violated the City Liquor Code and a penalty was considered 56 based on the City's adopted Best Practice Grid. 57 58 The council has forwarded a motion that the staff recommendation of a $500 fine to Miller's on 59 Main be instituted. 60 61 Council Member Stoltz moved to approve Resolution No. 08-11 as presented. Council Member 62 Gallup seconded the motion. Motion carried. 63 64 Resolution No. 08-23, Assessing Services Anoka County - Administrator Heitke noted that the 65 county has provided assessing services to the city for many years, covered by a joint powers 66 agreement. The current agreement expires in 2008. The proposed joint powers agreement for 67 the period of 2009 through 2013 would require that the city receive assessment services from 68 Anoka County and that the per parcel assessment fee would be increased. The county has not •69 adjusted the fees since 2002. At first glance it looks like a considerable rate increase, however, 70 considered over the period since 2002, it computes to an annual average increase of 1.33% to 71 2.08%. Staff recommends that the city continue this relationship. 72 73 The council requested additional information that would denote the actual money amount of the 74 increase. 75 76 It was noted by a council member that there may not be many other options for assessment 77 services. There are independent assessment services available but traditionally cities use their 78 county services. 79 80 Council Member Reinert noted that he wouldn't be comfortable voting for this item without the 81 expanded cost analysis. It is appropriate for the council to look at all options and see what 82 makes the most sense for this city. 83 84 Council Member Stoltz moved to approve Resolution No. 08-23 as presented. Council Member 85 Gallup seconded the motion. Motion carried. Nays — O'Donnell, Reinert 86 87 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 88 89 There was no report from the Public Safety Department. • 2 COUNCIL MINUTES February 11, 2008 APPROVED •90 91 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 92 93 There was no report from the Public Services Department. 94 95 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 96 97 Consideration of 2"d Reading of Ordinance No. 17-07, Vacating a portion of the drainage and 98 utility easement on Lot 16, Block 4 of the recorded plat Park Grove, Paul Bengtson 99 Reading and roll call required 100 101 City Planner Bengtson explained that the city has received a request from property owners to vacate a 102 portion of a drainage and utility easement to allow property improvements. There was some concern 103 among area property owners that the easement would worsen an existing drainage problem in the 104 neighborhood. The City Engineer has reviewed the drainage, reported that the easement will not 105 impact the situation and will address the situation in the 2008 Surface Water Management program. 106 Staff is recommending approval of the vacation 107 108 Council Member Reinert moved to dispense with full reading of the ordinance. Council Member 109 Stoltz seconded the motion. Motion carried on a voice vote. 110 111 Council Member Reinert moved to approve 2nd reading of Ordinance No. 17-07 as presented. •12 Council Member O'Donnell seconded the motion. A roll call vote was taken. Motion carried as 113 follows: Yeas, 5; Nays none. 114 115 Main Street Village, Azure Properties — City Planner Jeff Smyser explained that there are 116 three conditional use permit requests before the council relative to a planned development of four 117 buildings on four different sites on the SE corner of the intersection of I -35E and Main Street. 118 Commercial planned development can be approved with conditional use authorization under the 119 city code and that is the first conditional use permit request. Mr. Smyser reviewed his written 120 report that explained how all development requirements will be met. The developers have been 121 positive in working with the city to develop appropriate design criteria for the buildings as well 122 as signage. 123 124 The second conditional use request applies to the inclusion of a lit border around the motor fuel 125 station signage. 126 127 The third conditional use request relates to the car wash included in the motor fuel station. 128 129 The inclusion of an outdoor eating area adjacent to the McDonald's facility was reviewed by the 130 Planning and Zoning Board. They decided that the scope doesn't trigger the city's ordinance 131 requirements for "restaurants with accessory outdoor dining facilities" so a conditional use 132 permit shouldn't be required for that limited outdoor use. 133 11134 Conditions of approval are included and were reviewed. Two conditions were removed based 35 on information received and staff requested the addition of a drainage easement. 3 COUNCIL MINUTES February 11, 2008 APPROVED !36 137 Tom Schutte, Azure Properties, representing developer, replied that he had not heard of the 138 drainage easement to this point but preliminarily it looks okay. He commented that they (the 139 developers) are ready and anxious to proceed. 140 141 Consideration of Resolution No. 08-17, Conditional Use Permit for Planned Unit 142 Development Stage Plan/Preliminary Plat. 143 144 Council Member Reinert moved to approve Resolution No. 08-17 as presented. Council 145 Member O'Donnell seconded the motion. Motion carried on a voice vote. 146 147 Consideration of Resolution No. 08-18, Conditional Use Permit for Motor Fuel Station 148 149 Council Member Stoltz moved to approve Resolution No. 08-18 as presented. Council Member 150 Reinert seconded the motion. Motion carried on a voice vote. 151 152 Consideration of Resolution No. 08-19, Conditional Use Permit for Commercial Car Wash 153 154 Council Member Gallup moved to approve Resolution No. 08-19 as presented. Council Member 155 O'Donnell seconded the motion. Motion carried on a voice vote. 156 157 Vaughan's First Addition, Ed Vaughan; First Reading of Ordinance No. 02-08, Rezoning •58 from PUD (Planning Unit Development) to R -1X (Single Family Executive); and 159 Consideration of Resolution No. 08-22, Approving Preliminary Plat, Vaughn Addition — City 160 Planner Bengtson reviewed his written report regarding Mr. Vaughan's request for a one lot 161 residential subdivision. Staff has completed an analysis of the request including how the 162 subdivision will meet all city requirements. The conditions of approval that are recommended by 163 staff were reviewed by Mr. Bengtson. 164 165 Staff confirmed that a public hearing was held over several meetings at the Planning and Zoning 166 Board and area neighbors did receive notification. 167 168 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 169 Member Reinert seconded the motion. Motion carried on a voice vote. 170 171 Council Member Stoltz moved to approve first reading of Ordinance No. 02-08 as presented. 172 Council Member Gallup seconded the motion. Roll call: Yeas, 5; Nays none. Motion carried. 173 174 Council Member Reinert moved to approve Resolution No. 08-22 as presented. Council 175 Member O'Donnell seconded the motion. Motion carried on a voice vote. 176 177 Consideration of Resolution No. 08-21, Approving Amendment to Met Council Livable 178 Communities Demonstration Account Grant — Community Development Director Grochala 179explained that the City was awarded a grant from the Metropolitan Council to support housing in 080 the Legacy at Woods Edge project. There is a grant requirement related to installation of a traffic 81 signal at I -35W and deadline for said installation. The city will not be able to meet the original 4 COUNCIL MINUTES February 11, 2008 APPROVED •82 deadline but the Metropolitan Council has agreed to an extension to August 31, 2008. Staff 183 recommends approval of this arrangement. 184 185 Council Member O'Donnell moved to approve Resolution No. 08-21 as presented. Council 186 Member Stoltz seconded the motion. Motion carried on a voice vote. 187 UNFINISHED BUSINESS 188 There was no unfinished business. 189 NEW BUSINESS 190 Approval of January 14, 2008 City Council Minutes Council Members Reinert and 191 O'Donnell were absent. 192 193 Council Member Gallup moved to approve the minutes of the January 14, 2008 City Council 194 meeting as presented. Council Member Stoltz seconded the motion. Motion carried on a voice 195 vote. Council Members Reinert and O'Donnell abstained. 196 litus t �t 197 There being no further business, Council Member Stoltz moved to adjourn at 8:00 p.m. Council 198 Member O'Donnell seconded the motion. Motion carried on a voice vote 199 00 201 202 203 204 205 206 207 208 209 210 211 These minutes were considered and approved at the regular City Council Meeting on 212 February 25, 2008. 213 214 215 .. 216 - Community Calendar- A Look Ahead February 12, 2008 through February 25, 2008 Wednesday, February 13 414 Monday, February 18 44 Wednesday, February 20 4 Monday, February 25 44 Monday, February 25 6:30 pm, Council Chambers President's Day 6:30 pm, SMW Credit Union 700 Apollo Drive 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning City Hall Closed Comp Plan Update Council Work Session Council Meeting 217 Julia e Bartell, City lerk • 5 John Bergeson, Mayor