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Home My WebLink About04/28/2008 Council Minutes (2)APPROVED • 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : April 28, 2008 6 TIME STARTED : 6:40 p.m. 7 TIME ENDED : 7:05 p.m. 8 MEMBERS PRESENT : Council Member Gallup, O'Donnell, Stoltz, 9 and Mayor Bergeson 10 MEMBERS ABSENT : Council Member Reinert, 11 12 STAFF MEMBER PRESENT: City Administrator, Gordon Heitke; Director of 13 Administration, Dan Tesch; City Attorney, Scott Baumgartner; Community Development 14 Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Paul Bengtson; City 15 Clerk, Julie Bartell 16 PUBLIC COMMENT 17 Steve Thompson, 815 Ash Street, requested that the city make more information available 18 electronically, including publishing information on the Internet. He is computer literate but has 19 not been able to find much information accessible to him. 20 SETTING THE AGENDA •21 The agenda was approved as presented. 22 CONSENT AGENDA 23 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 24 seconded the motion. Motion carried on a voice vote. 25 26 ITEM ACTION 27 28 Consideration of Expenditures: 29 30 April 28, 2008 (Check No. 82712 through 82805), $247,259.59 Approved 31 32 Centennial Fire District (Check No. 3174 through 3239), $46,666.40 Approved 33 34 April 7, 2008 Council Work Session Minutes Approved 35 36 April 7, 2008 Closed City Council Meeting Minutes Approved 37 38 April 7, 2008 Special City Council Minutes Approved 39 40 April 14, 2008 Board of Appeals Minutes Approved 41 •42 April 14, 2008 City Council Minutes Approved 43 COUNCIL MINUTES April 28, 2008 APPROVED 044 Resolution No. 08-37, Approving Change Order No. 12, Lake Drive / 45 35W Improvement Project Approved 46 47 FINANCE DEPARTMENT REPORT, AL ROLEK 48 There was no report from the Finance Department. 49 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 50 3A) Consider request of Chad Wagner, Miller's on Main, for variance from State Fire Code 51 for summer tent event - Administrator Heitke explained that the request is part of an application 52 for a special event permit for a music/dance event at Miller's on Main on August 15 and 16' 2008. 53 In order to proceed with consideration of that special event application, the city must first deal 54 with the variance request. The variance would be for a reduction from the setback requirement of 55 the state fire code for one side of the tent, from the 20 foot requirement to about 5 feet. The 56 council does have the authority to grant this variance in cases where certain factors exist 57 ((substantial compliance, public safety is considered, and undue hardship to applicant). He noted 58 correspondence from the state fire marshal in 2007 that granted the variance last year but for only 59 one year; this year the state is deferring the decision to the local authority (council). There is an 60 appeal process back to the state if denied at the local level. 61 62 Council Member O'Donnell moved to approve a variance from the 20 foot minimum •63 setback requirement from the north property line for the period of August 15-18, 2008 64 only, provided there will be no occupancy after August 16, 2008 and further the 65 applicant should work with staff on an optimum configuration of the tent for safety. 66 Council Member Stoltz seconded the motion. Motion carried. 67 68 3B) Consider First Reading of Ordinance No. 08-08, Updating the 2008 Fee Schedule — City 69 Clerk Bartell explained that staff is recommending several changes to the city's current fee 70 schedule: 71 Addition of a no cost permit to allow unregulated lawn sprinkling for new 72 landscaping; 73 Addition of a permit fee of $50 for lawn sprinkler/irrigation systems; 74 Updating the city tax charged for charitable gambling activities in the city; 75 Increase the fee for city maps to cover the cost of purchasing the maps from Anoka 76 county 77 City fees must be changed by ordinance. Staff is recommending that the council approve first 78 reading of Ordinance No. 08-08 amending the 2008 City Fee Schedule as explained. 79 80 Council Member Gallup moved to dispense with full reading of the ordinance. Council Member 81 O'Donnell seconded the motion. Motion carried on a voice vote. 82 83 Council Member Stoltz moved to approve the first reading of Ordinance No. 08-08 as presented. Aft 84 Council Member O'Donnell seconded the motion. A roll call vote was taken. Motion carried as gur 85 follows: Yeas, 4; Nays, 0 (Absent — Reinert). COUNCIL MINUTES April 28, 2008 APPROVED •86 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 87 There was no report from the Public Safety Department. 88 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 89 There was no report from the Public Services Department. 90 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 91 A) Vaughn's First Edition 92 93 Consider Resolution No. 08-43, Approving Development Agreement, and Resolution No. 08- 94 44, Approving Final Plat - City Planner Bengtson reported that Mr. Ed Vaughan has requested 95 approval of a one lot residential subdivision to be down as Vaughan's First Addition, for which a 96 preliminary plan has already been approved by council. The nearly one acre parcel will be 97 subdivided into to parcels, one residence and one outlot. Staff is presenting a proposed 98 development agreement for this project as well as a final plat for council consideration. Staff is 99 recommendation approval. 100 101 Council Member Gallup moved to approve Resolution No. 08-44 and 08-43, as presented. Council 102 Member Stoltz seconded the motion. Motion carried on a voice vote. 103 404 B) Consider Resolution No. 08-47, Authorizing Execution of a Grading Only Development 05 Contract, Main Street Village — Engineer Studenski reported that developer Azure Properties, 106 Inc. is proposing to develop the Main Street Village project on the southeast quadrant of I -35E and 107 CSAH 14 (Main Street) and is presently requesting approval to commence site grading. Staff has 108 prepared a proposed development agreement and Azure Properties, Inc. has complied with the 109 requirements of the contract and is aware of conditions contained therein. Staff is recommending 110 approval of the contract. 111 112 Council Member O'Donnell moved to approve Resolution No. 08-47 as presented. Council 113 Member Gallup seconded the motion. Motion carried on a voice vote. 114 115 C) 2008 Street Maintenance Projects 116 117 Consider Resolution No. 08-45, Accepting Bids and Awarding Contract, 2008 Street 118 Sealcoating Project — Engineer Studenski reported the low bidder for the 2008 Street 119 Sealcoating Project is Allied Blacktop with a bid of $126,814, comparable to last year's bids. 120 Staff recommends that the council accept the bid and award the construction contract. 121 122 Council Member Stoltz moved to approve Resolution No. 08-45 as presented. Council Member 123 Gallup seconded the motion. Motion carried on a voice vote. 124 125 Consider Resolution No. 08-46, Accepting Bids and Awarding Contract, 2008 Street 126 Overlay Project— Engineer Studenski reported the low bidder for the 2008 Street Overlay •27 Project is W B Miller with a bid of $176,147.40, 90% of the engineer's estimate. Staff 28 recommends that the council accept the bid and award the construction contract. •29 130 131 Member Gallup seconded the motion. Motion carried on a voice vote. COUNCIL MINUTES April 28, 2008 APPROVED Council Member O'Donnell moved to approve Resolution No. 08-46 as presented. Council 132 UNFINISHED BUSINESS 133 There was no unfinished business. 134 NEW BUSINESS 135 There was no new business. 136 ADJOURNMENT 137 There being no further business, Council Member Stoltz moved to adjourn at 7:05 p.m. Council 138 Member O'Donnell seconded the motion. Motion carried. 139 140 141 142 143 144 145 146 !47 148 149 150 151 152 153 2008. 154 155 156 157 15 • Wednesday, April 30 Thursday, May 1 4 Saturday, May 3 • Monday, May 5 4 Monday, May 5 • Monday, May 12 Community Calendar— A Look Ahead April 29, 2008 through May 12, 2008 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 Environmental Board EDAC Recycling Day Council Work Session Park Board Council Meeting These minutes were considered and approved at the regular City Council Meeting on May 12, • e Bartell, City 1erk John Bergeson, Mayor