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HomeMy WebLinkAbout11/24/2008 Council Minutes (2)APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : November 24, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:20 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: City Administrator, Gordon Heitke; Director of Public 13 Safety, Dave Pecchia; Director of Public Services, Rick DeGardner; Community Development 14 Director, Mike Grochala; Finance Director, Al Rolek; City Engineer, Jim Studenski; City 15 Planner, Paul Bengtson; City Attorney, Scott Baumgartner; City Clerk, Julie Bartell, 16 17 PUBLIC COMMENT 18 There was no public comment. 19 PLEDGE OF ALLEGIANCE 20 SETTING THE AGENDA •21 The agenda was approved as presented. 22 CONSENT AGENDA 23 Council Member Gallup moved to approve the Consent Agenda. Council Member Stoltz 24 seconded the motion. Motion carried unanimously. 25 26 ITEM ACTION 27 28 1A. Approval of Expenditures: 29 November 24, 2008 (Check No. 84452 through 84537, $269,688.30; Approved 30 Centennial Fire District (Check No. 3488 through 3506, $32,939.13 Approved 31 32 1B. Approval of November 3, 2008 Council Work Session Minutes Approved 33 34 1C. Approval of November 10, 2008 City Council Meeting Minutes Approved 35 36 1D. Approval of October 27, 2008 Comp Plan Review Work Session 37 Minutes Approved 38 39 1E. Approval of Resolution No. 08-140, Approving the Extension of Final 40 Plat for Main Street Village Approved 41 •42 1F. Approval of Resolution No. 08-132, Accepting a Drainage and Utility 43 Easement at 1414 Sherman Lake Road Approved 44 -1- COUNCIL MINUTES November 24, 2008 APPROVED 045 1 G. Renew Joint Powers Agreement with Anoka County Joint Law 6 Enforcement Council Approved 47 48 1H. Renew contract with Otter Lake Animal Care Center Approved 49 50 1I. Approval of November 10, 2008 Canvassing Board Minutes Approved 51 52 1J. Approval of 2009 City Council Meeting Schedule Approved 53 54 FINANCE DEPARTMENT REPORT, AL ROLEK 55 2A. Public Hearing and 1st Reading of Ordinance No. 16-08, adjusting the Water Utility 56 Rate schedule — Finance Director Rolek reported that staff is requesting that the council take 57 action to adjust the city's current Water Utility Rate Schedule. The schedule has not been 58 adjusted since 2001. The adjustment recommendation is based on information that the city and 59 council received through a recent utility rate study done by Springsted, Inc. as well as the Water 60 Management and Conservation Plan completed by the city's engineers. This item is scheduled 61 for a public hearing this evening and a notification was sent to utility users also. Mr. Rolek 62 noted that the rate changes will have a low impact on normal use but for those who use a lot of 63 water, there will be more impact. 64 65 Public Services Director DeGardner added that families that consume less than 40,000 gallons •56 per quarter (98.7% of residents during the winter months) will experience an increase of less than 67 3%. The proposed tiered water rates are structured to promote water conservation through 68 discouraging high seasonal water usage without penalizing normal domestic water usage. The 69 rate schedule is a part the city's efforts to decrease annual average residential water usage as 70 required by the Department of Natural Resources. 71 72 A council member requested that staff monitor the results of this change in 2009. 73 74 Mayor Bergeson opened the public hearing. 75 76 There was no one present wishing to speak on the matter. 77 78 For the record, an electronic message had been received from Mr. John Long, 2220 Flora Court, 79 in support of the rate schedule adjustment. 80 81 Council Member O'Donnell moved to close the public hearing at 6:45 p.m. Council Member 82 Gallup seconded the motion. Motion carried unanimously. 83 84 Council Member Gallup moved to waive full reading of the ordinance. Council Member Stoltz 85 seconded the motion. Motion carried unanimously. 86 87 Council Member O'Donnell moved to approve the 1st reading of Ordinance No. 16-08 as • 88 presented. Council Member Stoltz seconded the motion. -2- COUNCIL MINUTES November 24, 2008 APPROVED .9. 0 There was some discussion of the use of a tiered rate structure and an opinion voiced that such a 91 structure doesn't work and the council should look at other means of encouraging water 92 conservation. 93 94 A roll call vote was taken. Motion carried as follows: Yeas, 4; Nays, 1 (Reinert). 95 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 96 3A. Public Hearing and 2"d Reading of Ordinance No. 13-08, establishing the 2009 City 97 Fee Schedule — City Clerk Bartell reported that for efficiency and clarity, city fees are 98 consolidated into one schedule that is adopted annually. The 2009 proposed fee schedule 99 is before the council and it includes the following recommended changes: 100 101 A lawn sprinkling violation fee related to the city's new time of day watering 102 restrictions; 103 - A fee associated with the city's cost of issuing a driveway replacement permit; 104 Right -of -Way management fees; 105 A certification fee for assessment of unpaid utility charges; 106 An increase in park dedication fees; and 107 Trunk utility and surface water management fee increases 108 9 Mayor Bergeson opened the public hearing. 10 111 There was no one present wishing to speak on the matter. 112 113 Council Member Stoltz moved to close the public hearing at 6:50 p.m. Council Member 114 O'Donnell seconded the motion. Motion carried unanimously. 115 116 Council Member Reinert moved to waive full reading of the ordinance. Council Member Gallup 117 seconded the motion. Motion carried unanimously. 118 119 Council Member Stoltz moved to approve the 2"d reading of Ordinance No. 13-08 as presented. 120 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as 121 follows: Yeas, 5; Nays none. 122 123 i. Approval of Resolution No. 08-141, approving summary publication of 124 Ordinance No. 13-08 125 126 Council Member Gallup moved to approve Resolution No. 08-141 as presented. Council 127 Member O'Donnell seconded the motion. Motion carried unanimously on a voice vote. 128 129 3B. Accept resignation (retirement) of Police Officer Timothy Ross effective January 31, 130 2009 — Administrator Heitke announced that, after serving his home town for more than 30 • -3- COUNCIL MINUTES November 24, 2008 APPROVED 01 years, Officer Timothy Ross of the Lino Lakes Police Department will be retiring effective 2 January 31, 2009. 133 134 The council concurred that Officer Ross should receive special recognition from the city upon 135 his retirement. They offered thanks on behalf of the city for Mr. Ross' services. 136 137 Council Member Reinert moved to accept the resignation (retirement) of Police Timothy Ross as 138 presented. Council Member Gallup seconded the motion. Motion carried unanimously on a 139 voice vote. 140 141 3C. First Reading of Ordinance No. 15-08, revising the City's existing regulations on 142 background checks - Administrator Heitke reported that in September of 2008 the council 143 approved new city code language that will allow the Police Department to do criminal 144 background checks for employment and licensing purposes. The Bureau of Criminal 145 Apprehension (BCA) has now recommended some minor amendments to those regulations. The 146 ordinance before the council would put those amendments into place. 147 148 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member 149 Reinert seconded the motion. Motion carried unanimously. 150 151 Council Member Stoltz moved to approve the 1st Reading of Ordinance No. 15-08 as presented. 152 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as 053 follows: Yeas, 5; Nays none. 54 155 3D. Conditional offer of Employment to Kim Fread for the Accounts Payable/Payroll 156 Technician position — Administrator Heitke reported that, due to the retirement of Joyce Lund, 157 there is an open position in the city finance department. After the normal application and 158 interview process, staff is recommending that Kim Fread be hired to this position. 159 160 The council concurred that special thanks should be given to Joyce Lund for her years of service. 161 162 Council Member O'Donnell moved to approve the conditional offer of employment as presented. 163 Council Member Stoltz seconded the motion. Motion carried unanimously on a voice vote. 164 165 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 166 4A. Approval of Resolution No. 08-138, accepting the donation of $1,000 from Target 167 for the domestic violence intervention program — Police Chief Pecchia reported that the Police 168 Department would like authorization to accept $1,000 donated by Target for use by the domestic 169 violence intervention program. 170 171 Council Member Reinert moved to approve Resolution No. 08-138 as presented. Council 172 Member O'Donnell seconded the motion. Motion carried unanimously on a voice vote. 173 1744B. Approval of Resolution No. 08-139, accepting a donation of $50 from Residential 075 Mortgage Group's "Refer a friend, Build your Community" program - Police Chief -4- COUNCIL MINUTES November 24, 2008 APPROVED .76 Pecchia reported that the Police Department is requesting permission to accept $50 donated through a residential mortgage program by a city resident. 178 179 Council Member Stoltz moved to approve Resolution No. 08-139 as presented Council Member 180 Gallup seconded the motion. Motion carried unanimously on a voice vote. 181 182 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 183 There was no report from the Public Services Department. 184 185 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 186 6A. Approval of Resolution No. 08-134, Approving a Variance from the Ordinary High 187 Water Level to allow for the reconstruction of an accessory structure located at 1801 77th 188 Street - - Planner Bengtson explained that a variance has been requested by Mr. Ron Marier, 189 1801 77th St E, to allow for reconstruction at his property; staff determined that the 190 reconfiguration called for in the reconstruction would not meet shoreland set back requirements. 191 The staff recommendation for denial was forwarded to the Planning and Zoning Board and the 192 board voted to approve the variance. The resolution presented to the council represents staff's 193 recommendation for denial; Mr. Bengtson suggested that if the council wishes to approve the 194 variance, findings of fact in that regard will be necessary as well as a different resolution 49,5 6 The council concurred that they will need more time to review this matter and to establish correct 197 findings if there is a decision to approve the variance. 198 199 Council Member Reinert moved that the matter be tabled. Council Member Gallup seconded the 200 motion. Motion carried unanimously on a voice vote. 201 202 Mr. Marier addressed the council. He explained that this variance request involves a project to 203 his property that commenced after he suffered tornado damage. This involves a five acre 204 property. His goal is to reconstruct the garage to a slightly larger size while also providing for 205 some access improvements to the home. The property has been in his family for generations and 206 these accessibility improvements will assist in his effort to stay in the property. He has great 207 respect for the area. 208 209 6B. Approval of Resolution No. 08-133, Approving Final Plat for Marketplace 3rd 210 Addition for a commercial subdivision lot line adjustment — Planner Bengtson reported that 211 Ryan Companies has requested approval of this final plat that will slightly adjust lot lines. Staff, 212 the Planning and Zoning Board and the city attorney have reviewed and concurred that the 213 request is appropriate. 214 215 Council Member O'Donnell moved to approve Resolution No. 08-133 as presented. Council 216 Member Stoltz seconded the motion. Motion carried unanimously. •217 -5- COUNCIL MINUTES November 24, 2008 APPROVED ei8 6C. Approval of 1St Reading of Ordinance No. 14-08, Amending the Planned Unit 9 Development for Legacy at Woods Edge to amend the signage standards within Chapter 5 220 of the Lino Lakes Town Center Design and Development Guide — Planner Bengtson reported 221 that the ordinance before the council would amend signage criteria for the Town Center area. 222 The Country Inn and Suites has requested this amendment that would allow them to place 223 additional signs (they are currently allowed less signs than in the rest of the city). The additional 224 signage would be used to attract additional customers to the facility. 225 226 Council Member Reinert moved to waive full reading of the ordinance. Council Member Stoltz 227 seconded the motion. Motion carried unanimously. 228 229 Council Member Reinert moved to approve the 1st Reading of Ordinance No. 15-08 as presented. 230 Council Member Gallup seconded the motion. A roll call vote was taken. Motion carried as 231 follows: Yeas, 5; Nays none. 232 233 UNFINISHED BUSINESS 234 7A. Selection of attorney for audit of Charter Commission practices - Administrator Heitke 235 reported that the council has received a written request from the Citizens for Safer Roads group 236 that the city conduct an audit of the practices of the Lino Lakes Charter Commission. The council 237 authorized such an audit at the November 10, 2008 council meeting and directed the city attorney 238 to contact the League of Minnesota Cities for the purpose of identifying qualified attorneys to 9 conduct such an audit. City Attorney Baumgartner has submitted such a list. 4P40 241 Council Member Stoltz moved that Attorney Michael Dougherty be requested to perform the 242 audit. Council Member Gallup seconded the motion. Motion carried unanimously on a voice vote. 243 NEW BUSINESS 244 There was no new business. 245 ADJOURNMENT 246 Council Member Reinert moved to adjourn at 7:20 p.m. Council Member O'Donnell seconded 247 the motion. Motion carried unanimously. 248 249 250 251 252 253 254 255 256 257 .58 59 Community Calendar— A Look Ahead November 25, 2008 through December 8, 2008 • Thursday/Friday, Nov 27-28 Thanksgiving City Hall Closed • Monday, December 1 5:30 pm, Community Room Council Work Session Monday, December 1 6:30 pm, Library Park Board • Thursday, December 4 7:00 am, Community Room EDAC • Monday, December 8 6:30 pm, Council Chambers Council Meeting -6- COUNCIL MINUTES November 24, 2008 APPROVED M0 These minutes were considered and approved at the regular City Council meeting on December 111/61 8, 2008. 262 263 264 265 266 267 Julianne Ba 11, City Cler -7- John rgeso►T ayor