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Home My WebLink About03/24/2008 Council Minutes (2)APPROVED to1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : March 24, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:30 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 Attorney, Scott Baumgartner; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Clerk, Julie 14 Bartell 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. 23 W24 CONSENT AGENDA 25 26 Council Member Reinert 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 March 24, 2008 (Check No. 82483 through 82578), 34 $510,607.80; Approved 35 36 Centennial Fire District (Check No. 3173 through 37 3198), $32,112.08 Approved 38 39 March 3, 2008 Council Work Session Minutes Approved 40 41 Resolution No. 08-32, Approving a Peddler's License for 42 Jon Samuelson, Big Bell Ice Cream Approved 43 44 Resolution No. 08-33, Approving a Peddler's License for 45 Cedar Valley Exteriors Approved 046 COUNCIL MINUTES March 24, 2008 APPROVED MI47 Resolution No. 08-35, Approving a Peddler's License for 48 Turco Construction Approved 49 50 Resolution No. 08-36, Approving a Peddler's License for 51 Minnesota Window and Siding, Inc. Approved 52 53 54 FINANCE DEPARTMENT REPORT, AL ROLEK 55 56 There was no report from the Finance Department. 57 58 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 59 60 Consideration of Ordinance No. 05-08, Amending Chapter 8 of the Lino Lakes City 61 Charter (Public Improvements and Special Assessments), for 1St Reading and referral to 62 the Lino Lakes Charter Commission, Gordon Heitke 63 Reading and roll call required 64 65 City Clerk Bartell reported that after receiving the report of the Citizens Task Force to Review 66 Charter Provisions Pertaining to Local Improvements in July 2007, the council approved the first 67 reading of a charter amendment ordinance and referred the same to the Charter Commission. The 68Charter Commission elected to draft a substitute amendment that was submitted to the council in •69 December of 2007. 70 71 In February, the council received information from the city's bond counsel and financial advisory 72 regarding legal implications of the Charter Commission's substitute amendment. The Council 73 reviewed all the proposed amendments (from the Citizens Task Force, the Charter Commission 74 substitute, a proposal from city resident Robert Bening, and State Statute 429). Additional 75 information was received regarding the impact of the various charter amendments on the city's ability 76 to issue tax-exempt bonds for improvements. After that discussion, the council directed the 77 preparation of a charter amendment ordinance based on the original Citizens Task Force proposal but 78 with the exempt zone language removed. 79 80 If approved for first reading, the ordinance would be referred to the Charter Commission and their 81 statutory review period would begin. 82 83 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 84 Member Gallup seconded the motion. Motion carried on a voice vote. 85 86 Council Member Gallup moved to approve the 1st reading of Ordinance No. 05-08 as presented. 87 Council Member Reinert seconded the motion. A roll call vote was taken. Motion carried as 88 follows: Yeas, 4; Nays, 0; Absent, 1 (Stoltz). 89 90 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA .91 92 There was no report from the Public Safety Department. COUNCIL MINUTES March 24, 2008 APPROVED S93 94 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 95 96 Consideration of 1st Reading of Ordinance No. 06-08, Amending the Lino Lakes City Code, 97 Chapter 400 Water and Sewer, by amending subdivisions 1-4 under Section 401.02, Use of 98 Water Restrictions to Authorized Persons, Jim Studenski 99 100 The city has adopted a Water Emergency and Conservation Plan as required by the Minnesota 101 Department of Natural Resources. The plan establishes the city's conservation goals to meet the 102 required benchmarks in the areas of residential gallons per capital demand, total per capita 103 demand and peak demand. Ordinance No. 06-08 addresses a conservation goal for total per 104 capital demand in its restriction of time of day for lawn watering. 105 106 The council acknowledged that they've discussed the possibility of changing water restrictions at 107 length. The odd/even and hourly restrictions may both be necessary but more discussion is 108 merited. 109 110 Council Member Reinert announced that he would not be supporting the ordinance; it is 111 overburdening of regulations and he hopes that common sense will prevail before second 112 reading. 113 114 Council Member Gallup moved to dispense with full reading of the ordinance. Council Member 15 O'Donnell seconded the motion. Motion carried on a voice vote. W16 117 Council Member Gallup moved to approve the 1st reading of Ordinance No. 06-08 as presented. 118 Council Member O'Donnell seconded the motion. A roll call vote was taken. Motion carried as 119 follows: Yeas, 4; Nays, 0; Absent, 1 (Stoltz) 120 121 Consideration of 1st Reading of Ordinance No. 07-08, Amending the Lino Lakes City Code, 122 Chapter 400 Water and Sewer, by adding Section 401.37 Lawn Sprinkler / Irrigation 123 Systems, Jim Studenski 124 125 The city has adopted a Water Emergency and Conservation Plan as required by the Minnesota 126 Department of Natural Resources. The plan establishes the city's conservation goals to meet the 127 required benchmarks in the areas of residential gallons per capital demand, total per capita 128 demand and peak demand. Ordinance No. 06-08 addresses a conservation goal for reducing per 129 capital demand by requiring the use of rain sensors on all new automatic sprinkler systems. 130 131 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 132 Member Gallup seconded the motion. Motion carried on a voice vote. 133 134 Council Member O'Donnell moved to approve the 1st reading of Ordinance No. 07-08 as 135 presented. Council Member Gallup seconded the motion. A roll call vote was taken. Motion 136 carried as follows: Yeas, 4; Nays, 0; Absent, 1 (Stoltz) I37 38 COUNCIL MINUTES March 24, 2008 APPROVED 039 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 40 141 Consideration of 1st Reading of Ordinance No. 04-08, Amending the Sign Ordinance 142 143 Planner Smyser explained that staff is presenting an ordinance that will update the city's sign 144 regulations, including the addition of permanent regulations relative to dynamic display signs for 145 which the city had adopted a moratorium in 2007. 146 147 The proposed amendments are to: a) reformat some information into tables to make it easier to 148 ready and follow; b) update the stated purpose and intent of the regulations, the definitions that 149 are used for the purpose of the ordinance, and administrative and enforcement language; c) add 150 regulations relative to dynamic display signs; d) update zoning references and general 151 regulations; and e) define banners versus flags. 152 153 Planner Smyser added that the Planning and Zoning Board has recommended approval of the 154 ordinance. 155 156 Council Member Gallup moved to dispense with full reading of the ordinance. Council Member 157 Reinert seconded the motion. Motion carried on a voice vote. 158 159 Council Member Reinert moved to approve the 1St reading of Ordinance No. 04-08 as presented. 160 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as All61 follows: Yeas, 4; Nays, 0; Absent, 1 (Stoltz). W62 163 Consideration of Resolution No. 08-34, Accepting Petition, Birch Street and Ware Road 164 Intersection Improvement Request 165 166 Engineer Studenski reported that the city received a petition generated by a business in the Spirit 167 Hills commercial area that requests the installation of a stoplight or stop sign at the intersection of 168 Ware Road and Birch Street. The letter submitted with the petition cites traffic safety concerns. 169 Information was gathered from the Lino Lakes Police Department traffic records relative to 170 accidents at the intersection however it is not clear from that data if the accidents could have been 171 mitigated by additional traffic control. Staff has also reviewed the results of a traffic study 172 completed in 2003, prior to development of the commercial area. 173 174 The petition was forwarded to Anoka County since Birch Street is under their jurisdiction. The 175 County will be analyzing the intersection and evaluate the situation and will receive City input 176 through that process. As well, the entire Birch Street corridor will be the subject to an already 177 planned access management study in 2008. 178 179 Staff is recommending that the city accept the petition and that the intersection in question be 180 included in the upcoming county access management study. 181 182 Council Member O'Donnell moved to approve Resolution No. 08-34 as presented. Council 83 Member Reinert seconded the motion. Motion carried. 84 If5 186 187 188 189 190 191 192 193 194 195 COUNCIL MINUTES There was no unfinished business. March 10, 2008 City Council Meeting Minutes Council Member Reinert absent. APPROVED March 24, 2008 Council Member O'Donnell moved to approve the minutes of the March 10, 2008 City Council Meeting Minutes as presented. Council Member Gallup seconded the motion. Motion carried. Council Member Reinert abstained. 196 There being no further business, Council Member O'Donnell moved to adjourn at 7:09 p.m. 197 Council Member Reinert seconded the motion. Motion carried. 198 199 200 201 202 203 4 0°05 206 207 208 209 210 211 .4 11. 11. 41* Community Calendar- A Look Ahead March 25, 2008 through April 14, 2008 Wednesday, March 26 Thursday, April 3 Monday, April 7 Monday, April 7 Wednesday, April 9 Thursday, April 10 Monday, April 14 Monday, April 14 6:30 pm, Council Chambers 7:00 am, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers 6:30 pm, Community Room 6:00 pm, Council Chamber 6:30 pm, Council Chambers Environmental Board EDAC Council Work Session Park Board Planning & Zoning Charter Commission Board of Review Council Meeting 212 213 These minutes were considered and approved at the regular City Council Meeting on April 14, 214 2008. 215 216 217 218 219 Bartell, City ler PoPserevo John Bergeson, Mayor