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HomeMy WebLinkAbout05/12/2008 Council Minutes• 2 3 4 APPROVED CITY OF LINO LAKES MINUTES REGULAR COUNCIL MEETING 5 DATE: : May 12, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:05 p.m. 8 MEMBERS PRESENT : Council Member Gallup, O'Donnell, Stoltz, 9 Reinert, and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBER PRESENT: City Administrator, Gordon Heitke; City Attorney, Scott 13 Baumgartner; Deputy City Clerk, Jean Viger; Director of Public Safety, Dave Pecchia; City 14 Clerk, Julie Bartell 15 PUBLIC COMMENT 16 There was no one present for public comment. 17 SETTING THE AGENDA 18 CONSENT AGENDA 19 Council Member Reinert moved to approve the Consent Agenda. Council Member Gallup �0 seconded the motion. Motion carried on a voice vote. 21 22 ITEM ACTION 23 24 Consideration of Expenditures: 25 May 12, 2008 (Check No. 82806 through 82919), $364,326.31 Approved 26 Centennial Fire District (Check No. 3240 through 3252), $3,581.98 Approved 27 28 Resolution No. 08-50, License Agreement to Use County Property 29 For City Park (Lino Park) Approved 30 31 Resolution No. 08-49, Approving a Peddler Permit for Diversified 32 Roofing, Inc. Approved 33 34 Resolution No. 08-51, Approving Allowable Expenditures for 35 Blue Heron Days and Authorized Agents for Such Expenditures Approved 36 FINANCE DEPARTMENT REPORT, AL ROLEK 37 There was no report from the Finance Department. 38 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 39 3A) Consider Resolution No. 08-42, Redrawing Precinct Boundaries - Jean Viger, Deputy 040 City Clerk, explained that state law has recently changed to allow boundary changes for precinct COUNCIL MINUTES May 12, 2008 APPROVED •41 polling places. Based on the current number of registered voters in Lino Lakes precincts 6 and 7, 42 staff is recommending that a boundary be redrawn (proposed new boundaries shown on a map) so 43 that registered voters will be more evenly distributed. Some voters will have their polling place 44 moved from Precinct 6 to Precinct 7 and they will be properly notified. 45 46 Council Member O'Donnell moved to approve Resolution No. 08-42, as presented. Council 47 Member Stoltz seconded the motion. Motion carried on a voice vote. 48 49 3B) Conditional Employment Offer for Police Officer - Administrator Heitke explained that the 50 city has gone through its regular recruitment process to fill a vacant police officer position and 51 would like to make a conditional offer of employment to Ms. Jennifer Randall. He reviewed Ms. 52 Randall's experience and qualifications. 53 54 Council Member Gallup moved to approve the conditional employment offer for police officer 55 as presented. Council Member Stoltz seconded the motion. Motion carried on a voice vote. 56 57 3C) Employment Offer for CSO — Administrator Heitke explained an approved reorganization 58 within the Police Department calls for the addition of two community service officer positions. 59 Staff is recommending that the two positions be filled by Kristin Wills and Isaac Tuma. The 60 experience and qualifications of both applicants was reviewed. 61 62 Council Member O'Donnell moved to approve a conditional offer of employment to Kristin •63 Wills and Isaac Tuma as recommended by staff. Council Member Reinert seconded the motion. 64 Motion carried on a voice vote. 65 66 3D) Consider second reading and adoption of Ordinance No. 08-08, Updating the 2008 Fee 67 Schedule — City Clerk Bartell reported that staff is recommending several changes to the City's 68 current fee schedule, as follows: 69 - Addition of a no cost permit to allow unregulated lawn sprinkling for new 70 landscaping; 71 - Addition of a permit fee of $50 for lawn sprinkler/irrigation systems; 72 - Updating the city tax charged for charitable gambling activities in the city; 73 - Increasing the fee for city maps to cover the cost of purchasing the maps from Anoka 74 County 75 76 City fees must be changed by ordinance. The council approved first reading of Ordinance No. 77 08-08 on April 28 and staff is requesting approval of second reading of this ordinance. 78 79 Council Member Gallup moved to dispense with full reading of the ordinance. Council Member 80 Stoltz seconded the motion. Motion carried on a voice vote. 81 82 Council Member Stoltz moved to approve the 2' reading of Ordinance No. 08-08 as presented. 83 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as 84 follows: Yeas, 5; Nays none. •85 COUNCIL MINUTES May 12, 2008 APPROVED •86 3E) Consider Resolution No. 08-48, Approving an Off -Sale Liquor and Tobacco License for 87 Lino Lakes Liquor Barrel, Inc., for a new store at 7997 Lake Drive, Suite 120 — Clerk 88 Bartell reported that an application has been submitted by Lino Lakes Liquor Barrel, Inc. for a 89 new off -sale liquor and tobacco license for a store to be located at 7997 Lake Drive. The 90 application process is complete, the related fees have been paid and insurance information has 91 been provided to the City as required. The Lino Lakes Police Department has conducted a 92 background investigation and found no information that would give a specific reason to deny the 93 application. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to 94 Liquor Licensing and Section 602 relating to Cigarette Sales, this application requires approval 95 by the City Council. The ordinance also requires that opportunity be given to any person 96 wishing to be heard for or against the granting of the license. 97 98 City Attorney Baumgartner reported on the Council's latitude in granting liquor licenses. Liquor 99 licenses are not considered a right of the citizenry. Applicants must first meet the criteria of the 100 city and state regulations to be considered for a license and there is then, based on court case law, 101 some discrepancy given to local authorities to grant or deny the license. He noted specifically a 102 case that was upheld by the courts where a council decided that there was an overabundance of 103 liquor establishments within the city's boundaries and the addition of another establishment 104 could overtax the city's ability to provide sufficient public safety services. There is broad 105 discretion vested with the council and the courts have tended to uphold the decision of local 106 authorities in what they deem is appropriate for their community. City Attorney Baumgartner 107 advised the Council that they cannot, however, deny a license request based on reasons that are 008 arbitrary, unreasonable or capricious. 09 110 Sudhan Manandhar, owner of Eagle Liquor and Tobacco, addressed the Council. He explained 111 that when he and his wife purchased their business, there was a liquor store very nearby called 112 MGM Wine and Spirits. That store failed and has been closed for about three weeks. He 113 suggests that failing businesses do not look good for the city and he wonders why the city needs 114 another liquor store in a small geographic area that already has two liquor stores. The City needs 115 to work harder to support its existing small businesses so they do not fail. Also, he noted that the 116 City of Blaine has a regulation that allows for only one liquor store within a mile radius and he 117 believes other communities have similar regulations. 118 119 Adam LaMere, owner of Lakes Liquor at 7860 Lake Drive, presented a petition signed by 203 120 residents in Lino Lakes asking that the city's code be revised. Specifically the petition requests 121 that the Council entertain an amendment to the City Code regarding off -sale liquor licenses that 122 mirrors the Blaine ordinance regarding the number of licenses allowed. He added that with all 123 the liquor stores already on Lake Drive, it just isn't fair. There should be some geographic 124 equity. 125 126 Todd Steffen, president of Liquor Barrel, Inc. addressed the Council. The applicants are not 127 wishing to come to Lino Lakes to destroy what exists or to hurt any other businesses. He is 128 owner of the strip mall in which the proposed store would be located and as such is working to 129 save the center — it's a place they cannot get rented. In Centerville, they have a similar strip •30 situation that works well because it allows people to take care of several shopping needs (fast COUNCIL MINUTES May 12, 2008 APPROVED 1031 food, convenience store with gas and liquor) and it should work here well also. They don't want 32 to be the enemy here but just want to be part of the competition. 133 134 In response to a Council question, the city attorney explained that the Council cannot change the 135 ordinance in the middle of an application process, at least not for a change that would affect the 136 application under consideration. 137 138 There was recollection of when the City's current liquor ordinance was passed and a discussion 139 at that time about having a radius limit. That concept was not included, however, so this 140 discussion is the result. 141 142 The City Attorney reiterated that the Council does have some discrepancy in the granting of 143 licenses. He suggested, however, that if the consideration for denial is based only on the 144 competition concerns of other businesses that could be arbitrary and capricious. 145 146 It was confirmed that there is no state regulation on the number of licenses that can be issued. 147 148 Council Member Reinert moved that the matter be tabled. Council Member Gallup seconded the 149 motion. 150 151 Council Member Stoltz suggested that staff be directed to compile more information on the 1052situation (including an MGM update) and reported back to the Council at the work 53 session/council meeting on May 27, 2008, 54 155 The maker of the motion, Council Member Reinert, and the second, Council Member Gallup, 156 accepted Council Member Stoltz's suggestion as a friendly amendment. 157 158 The motion carried on a voice vote. 159 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 160 4A) Proclamation — National Police Week — Public Safety Director Pecchia stated that a week 161 of national recognition to peace officers was established in the 1960's by President John F. 162 Kennedy. In 2008, he is requesting that the Council acknowledge the week of May 11 through 163 May 17, 2008 as Police Week and May 15, 2008 as Peace Officers' Memorial Day in the City of 164 Lino Lakes. He read the proposed proclamation. 165 166 Council Member Reinert moved to approve the Proclamation regarding National Police Week 167 2008. Council Member O'Donnell seconded the motion. Motion carried on a voice vote. 168 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 169 There was no report from the Public Services Department. 170 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 071 There was no report from the Community Development Department. COUNCIL MINUTES May 12, 2008 APPROVED .72 UNFINISHED BUSINESS 173 There was no unfinished business. 174 NEW BUSINESS 175 Approval of the April 28, 2008 Council Work Session Minutes. Council Member Reinert 176 absent. 177 Approval of the April 28, 2008 City Council Meeting Minutes. Council Member Reinert 178 absent. 179 180 181 182 183 184 185 186 187 188 189 190 •91 92 193 Council Member O'Donnell moved to approve the April 28, 2008 Work Session and City Council Meeting Minutes as presented. Council Member Gallup seconded the motion. Motion carried on a voice vote. Council Member Reinert abstained. 4. Wednesday, May 14 ▪ Thursday, May 22 eitt Monday, May 26 ft Tuesday, May 27 Alp Tuesday, May 27 Community Calendar- A Look Ahead May 13, 2008 through May 27, 2008 6:30 pm, Council Chambers 6:30 pm, Community Room Memorial Day 5:30 pm, Council Workroom 6:30 pm, Council Chambers Planning & Zoning Charter Commission City Hall Closed Council Work Session Council Meeting ADJOURNMENT 194 There being no further business, Council Member Stoltz moved to adjourn at 7:05 p.m. Council 195 Member Reinert seconded the motion. Motion carried. 196 197 198 These minutes were considered and approved at the regular City Council Meeting on May 27, 199 2008. 200 201 202 203 204 erges , Mayor