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Home My WebLink About09/22/2008 Council Minutes (2)APPROVED 1 CITY OF LINO LAKES 21 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : September 22, 2008 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:07 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBERS PRESENT: Director of Administration, Dan Tesch; Director of Public 13 Safety, Dave Pecchia; City Engineer, Jim Studenski; City Attorney, Scott Baumgartner; City 14 Clerk, Julie Bartell, Associate Planner, Paul Bengtson 15 16 PUBLIC COMMENT 17 There was no one present for public comment. 18 SETTING THE AGENDA 19 The agenda was amended to pull Item 1C from Consent Agenda and refer it to the October 6, 20 2008 council work session. The agenda, as amended, was approved. 021 CONSENT AGENDA 22 Council Member Stoltz moved to approve the Consent Agenda. Council Member Gallup 23 seconded the motion. Motion carried on a voice vote. 24 25 ITEM ACTION 26 27 1A. Consideration of Expenditures: 28 September 22, 2008 (Check No. 83858 through 83966, $382,268.68 Approved 29 Centennial Fire District (Check No. 3402 and 3429 through 3444, 30 $30,773.52 Approved 31 32 1B. Approval of September 8, 2008 Council Work Session Minutes Approved 33 34 1C. Approval of September 8, 2008 City Council Meeting Minutes Approved 35 36 1D. Approval of Resolution No. 08-102, Accepting Donation from 37 Friends of the Parks Foundation Approved 38 39 1E. Approval of Resolution No. 08-101, Approving a Correction of a 40 Plat Error (surveyor omission of lot line dimension and bearing on 41 Mylar Approved S42 43 1F. Approval of Resolution No. 08-110, Approving Additional Election -1- COUNCIL MINUTES September 22, 2008 APPROVED w44 Judges for the November 4, 2008 General Election Approved 45 46 1G. Approval of Resolution No. 08-112, Authorizing issuance of a 1-4 Day 47 Temporary Liquor License to American Legion Post 566 at 7731 Lake 48 Drive to allow consumption outdoor at their annual horseshoe tournament Approved 49 50 1H. Approval of September 2, 2008 Council Work Session Minutes Approved 51 52 1I. Approval of August 18, 2008 Council Work Session Minutes 53 (budget review) Approved 54 55 1J. Approval of August 18, 2008 Council Work Session Minutes 56 (charter amendment ballot language) Approved 57 58 FINANCE DEPARTMENT REPORT, AL ROLEK 59 There was no report from the Finance Department. 60 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 61 There was no report from the Administration Department. •62 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 63 There was no report from the Public Safety Department. 64 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 65 There was no report from the Public Services Department. 66 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 67 6A. Plat Extensions of Time 68 69 i. Resolution No. 08-103, Approving an extension of time for the Golden Acre 70 Final Plat. 71 72 ii. Resolution No. 08-104, Approving an extension of time for the Marshan 73 Meadows 2nd Addition Final Plat. 74 75 iii. Resolution No. 08-105, Approving an extension of time for the Fran's Estate 76 Preliminary Plat and Variance, Paul Bengtson 77 78 iv. Resolution No. 08-106, Approving an extension of time for the Moon Marsh 79 Conditional Use Permit and Planned Unit Development — Development 80 Stage Plan. • 81 -2- COUNCIL MINUTES September 22, 2008 APPROVED '82 v. Resolution No. 08-107, Approving an extension of time for the Century Farm 83 North 5th Addition Planned Unit Development — Development Stage Plan. 84 85 vi. Resolution No. 08-108, Approving an extension of time for the Vaughan's 86 First Addition Final Plat. 87 88 vii. Resolution No. 08-109, Approving an extension of time for The Preserve 89 Planned Unit Development — Development Stage Plan. 90 91 Planner Bengtson explained that the council is being requested to consider a seven part item 92 granting extensions to certain development projects. The city has seven plats that have not 93 moved forward in the development process, in most part due to the current economic slow down 94 that has affected development. Staff has attached conditions to the extensions as appropriate and 95 is recommending that they be approved. 96 97 Council Member O'Donnell moved to approve Resolution No. 08-103 through 08-109, as 98 presented. Council Member Gallup seconded the motion. Motion carried on a voice vote. 99 100 6B. Resolution No. 08-111, Approving Payment No. 10 (Final) Legacy at Woods Edge 101 Phase 1 — Street and Utility Improvements 102 103 City Engineer Studenski reported that the city entered into a contract with Glenn Rehbein lir‚04 Companies in 2005 for street and utility improvements for the Legacy at Woods Edge, Phase I 5 project. All work on that project has been satisfactorily completed and the final project cost is less 106 than the approved contract amount. Therefore staff is requesting authorization to make the final 107 payment on the contract. 108 109 Council Member Stoltz moved to approve Resolution No. 08-111, as presented. Council 110 Member O'Donnell seconded the motion. Motion carried on a voice vote. 111 UNFINISHED BUSINESS 112 There was no unfinished business. 113 NEW BUSINESS 114 8A. Initiate investigation of open meeting law violation allegation 115 116 The council had received a memorandum from City Administrator Heitke regarding the matter. 117 Based on the council direction to initiate an investigation of an alleged open meeting law 118 violation, Mr. Heitke had contacted General Counsel Thomas Grundhoefer of the League of 119 Minnesota Cities for advice on proceeding with an investigation. A list of law firms qualified to 120 conduct an investigation was provided and forwarded with Mr. Heitke's memorandum. In 121 addition, it was noted that three of the five attorneys named have a current or previous 122 connection to the city and, therefore, could be disqualified from leading the investigation. •123 -3- COUNCIL MINUTES September 22, 2008 APPROVED Elp4 It was suggested by a council member that the allegations are against three council members as 5 well as the city administrator and community development director. A question was posed to the 126 city attorney as to whether this (independent counsel) is a routine path to go down with this type 127 of allegation. Further, it was suggested that since the city administrator is one of the alleged, 128 perhaps it is inappropriate for a list to be submitted by him. 129 130 City Attorney Baumgartner replied that he believes it is appropriate, if an investigation is to go 131 forward, that it be conducted by an outside firm. There should be no appearance of conflict 132 among relationships nor should it be someone who was present as he was. Typically when there 133 is something going on in-house, you want to go outside to make sure there is no suggestion of 134 impropriety. Mr. Baumgartner offered to contact the League and obtain the names of possible 135 counsel in this matter. 136 137 On the question of scope of the investigation, Mr. Baumgartner explained that there would 138 normally first be a determination on whether an illegal meeting occurred. The definition, by case 139 law, would be a quorum of public officials that meet and receive information about topics they 140 have authority to decide. The investigation would then look at whether the open meeting law 141 was violated, i.e. what was discussed, what impact could the discussion have? A written report 142 on the findings would most likely be provided. 143 144 A council member suggested that another contact with the League of Minnesota Cities shouldn't 145 be necessary and would be redundant. 046 147 There was a comment that redundancy in this matter wouldn't be a bad thing. The path of the 148 current information could be tainted. 149 150 Two council members concurred with the recommendation for the city attorney to seek 151 information on outside counsel, citing that it is important to be completely transparent, honest 152 and accurate in this matter; the preference is also to deal with this as efficiently and quickly as 153 possible. 154 155 The city attorney will provide a list as soon as possible. Additional names beyond the current list 156 are requested. The information will be disseminated to the council through the city clerk and a 157 special meeting may be called. 158 159 Council Member Stoltz moved to direct City Attorney Baumgartner to seek recommendations for 160 outside counsel via the League of Minnesota Cities and bring that list to the city council as soon 161 as possible. Council Member Reinert seconded the motion. 162 163 The mayor noted for the record that these are allegations by one council member against other 164 council members; at the meeting when the allegations were made, there was a strong denial of 165 the accusations by those accused. 166 167 Motion carried; Mayor Bergeson recorded as voting "no". 1168 ADJOURNMENT -4- COUNCIL MINUTES APPROVED 9 Council Member Reinert moved to adjourn at 7:07 p.m. 0 the motion. Motion carried. 171 172 173 174 175 176 177 178 179 180 181 182 183 September 22, 2008 Council Member O'Donnell seconded 0. 0, 0. 0- 0- Community Calendar — A Look Ahead September 22, 2008 through October 13, 2008 Wednesday, September 24 Thursday, October 2 Monday, October 6 Monday, October 6 Wednesday, October 8 Thursday, October 9 Monday, October 13 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 6:30 pm, Council Chambers Environmental Board EDAC Council Work Session Park Board Planning & Zoning Charter Commission Council Meeting 184 185 These minutes were considered and approved at the regular City Council Meeting on October 13, 186 2008. 187 188 189 190 091 92 • Julianne B ell, City C rk -5- John ergeso, Mayor