HomeMy WebLinkAbout12/08/2008 Council MinutesAPPROVED
1 CITY OF LINO LAKES
2 MINUTES
3 REGULAR COUNCIL MEETING
4
5 DATE: : December 8, 2008
6 TIME STARTED : 6:30 p.m.
7 TIME ENDED : 7:30 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 Services, Rick DeGardner; Community Development Director, Mike Grochala; Finance
14 Director, Al Rolek; Police Captain, Kent Strege; City Planner, Paul Bengtson; City Attorney,
15 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 amended to move Item IE to the Finance Department Section as Item 2B.
22 CONSENT AGENDA
23 Council Member Stoltz moved to approve the Consent Agenda, as amended. Council Member
24 Gallup seconded the motion. Motion carried unanimously.
25
26 ITEM ACTION
27
28 1A. Approval of Expenditures:
29 December 8, 2008 (Check No. 84551 through 84635, $146,482.04; Approved
30 Centennial Fire District (Check No. 3507 through 3514, $6,021.83 Approved
31
32 1B. Approval of November 24, 2008 Council Work Session Minutes Approved
33
34 1C. Approval of November 24, 2008 City Council Meeting Minutes Approved
35
36 1D. Approval of Resolution No. 08-135, Authorizing the Transfer of Funds
37 from the Area and Unit Fund to the 2003A G.O. Improvement Bond
38 Debt Service Fund Approved
39
40 1E. Approval of Resolution No. 08 136, Authorizing the Transfer of Funds
41 from the Area and Unit Fund to the 2005B B.O. Improvement Bond Debt
S
42 Service Fund
43
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COUNCIL MINUTES December 8, 2008
APPROVED
114 1F. Approval of Resolution No. 08-137, Authorizing an Interfund Loan from
45 the Sanitary Sewer Fund to the 2005A G.O. Improvement Debt Service
46 Fund Approved
47
48 1G. Approval of Resolution No. 08-142, Approving Transfers for Installment
49 Payment on Interfund Loan for Recreation Complex Land Approved
50
51 1H. Approval of Resolution No. 08-144, Amending Resolution No. 06-213,
52 Setting the General Timeline for the Adoption of the Five -Year Financial
53 Plan Approved
54
55 FINANCE DEPARTMENT REPORT, AL ROLEK
56 2A. 2" Reading and Adoption of Ordinance No. 16-08, Adjusting the Water Utility Rate
57 Schedule - Finance Director Rolek reported that staff is requesting that the council take action
58 to adjust the city's current Water Utility Rate Schedule. The schedule has not been adjusted
59 since 2001. The adjustment recommendation is based on information that the city and council
60 received through a recent utility rate study done by Springsted, Inc. as well as the Water
61 Management and Conservation Plan completed by the city's engineers. Mr. Rolek noted that the
62 rate changes will have a low impact on normal use but for those who use a lot of water, there will
63 be more impact.
64
.5 A council member commented that a rate structure has been used in the past to address
66 conservation issues and it has not worked since usage has risen; it is not an effective way to
67 achieve conservation.
68
69 Council Member Stoltz moved to waive full reading of the ordinance Council Member Reinert
70 seconded the motion. Motion carried unanimously.
71
72 Council Member O'Donnell moved to approve the 2nd Reading of Ordinance No. 16-08 as
73 presented. Council Member Gallup seconded the motion. A roll call vote was taken. Motion
74 carried as follows: Yeas, 4; Nays, 1 (Reinert).
75
76 2B. Approval of Resolution No. 08-136, Authorizing the Transfer of Funds
77 from the Area and Unit Fund to the 2005B B.O. Improvement Bond Debt
78 Service Fund — Finance Director Rolek explained that the request before the council would
79 transfer funds that have been collected from developers for water and sewer improvements to a
80 debt service fund in order to pay for outstanding bond debt. The amount has been fairly
81 consistent from year to year.
82
83 Council Member Gallup moved to approve Resolution No. 08-136 as presented. Council
84 Member Stoltz seconded the motion. Motion carried on a unanimous voice vote.
85
• 86
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COUNCIL MINUTES December 8, 2008
APPROVED
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
88 3A. 2"d Reading and Adoption of Ordinance No. 15-08, Revising Regulations on
89 Background Checks — Administrator Heitke reported that staff has been informed by the
90 League of Minnesota Cities of this change requested by the Bureau of Criminal Apprehension
91 (BCA) to background check regulations. The changes proposed are very minor and staff is
92 recommending approval of the 2nd reading of Ordinance No. 15-08 to bring the city into
93 compliance with current regulations.
94
95 Council Member O'Donnell moved to waive full reading of the ordinance. Council Member
96 Gallup seconded the motion. Motion carried on a unanimous voice vote.
97
98 Council Member Reinert moved to approve the 2"d Reading of Ordinance No. 15-08 as
99 presented. Council Member O'Donnell seconded the motion. A roll call vote was taken.
100 Motion carried as follows: Yeas, 5; Nays none.
101
102 i. Approval of Resolution No. 08-143, authorizing summary publication of
103 Ordinance No. 15-08
104
105 Council Member Reinert moved to approve Resolution No. 08-143 as presented. Council
106 Member Stoltz seconded the motion. Motion carried unanimously on a voice vote.
107
008 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
9 4A. Accept donation from Turtleman Triathalon — Captain Strege reported that the Police
P p g p
110 Department is requesting authority to accept $4,000 as a donation from the Turtleman
111 Triathalon.
112
113 Mark Stange, Assistant Race Director and Bike Course Coordinator for the Turtleman
114 Triathalon, addressed the council. He thanked the Lino Lakes Police Department for their
115 assistance with the Turtleman event; it is a successful event that is made possible through the
116 assistance and coordination of law enforcement agencies. Mr. Stange presented the council with
117 a framed recognition of the event.
118
119 Andy Bennett of the Lino Lakes Police Reserves was recognized and thanked for his group's
120 assistance to the event.
121
122 Council Member Stoltz moved to accept the donation with the City's thanks. Council Member
123 Gallup seconded the motion. Motion carried unanimously on a voice vote.
124
125 4B. Approval of 1St Reading of Ordinance No. 17-08, amending Chapter 503 relating to
126 Animal Control to change the number of from 2 to 3 dogs - Captain Strege reported that the
127 city received a request from a Lino Lakes resident for an amendment to the city's animal control
128 regulations to allow foster dogs in addition to the two dogs that are currently allowed in the city
129 (without a kennel license). After considering options to address the request, the council directed
Ai30 staff to prepare the amendment before them that would increase the number of dogs allowed
31 under city regulations.
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COUNCIL MINUTES December 8, 2008
APPROVED
2
3 Council Member Stoltz moved to waive full reading of the ordinance. Council Member Reinert
134 seconded the motion. Motion carried unanimously.
135
136 Council Member O'Donnell moved to approve the 1st Reading of Ordinance No. 17-08 as
137 presented. Council Member Reinert seconded the motion. A roll call vote was taken. Motion
138 carried as follows: Yeas, 5; Nays none.
139
140 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
141 There was no report from the Public Services Department.
142
143 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA
144 6A. Approval of 2"d Reading of and Adoption of Ordinance No. 14-08, Amending the
145 Planned Unit Development for Legacy at Woods Edge to amend the signage standards
146 within Chapter 5 of the Lino Lakes Town Center Design and Development Guide - Planner
147 Bengtson reported that the ordinance before the council would amend signage criteria for the
148 Town Center area. The Country Inn and Suites has requested this amendment that would allow
149 them to place additional signs (they are currently allowed less signs than in the rest of the city).
150 The additional signage would be used to attract additional customers to the facility.
.21
Council Member Reinert moved to waive full reading of the ordinance. Council Member Gallup
153 seconded the motion. Motion carried unanimously on a voice vote.
154
155 Council Member O'Donnell moved to approve the 2nd reading and adoption of Ordinance No.
156 14-08 as presented. Council Member Gallup seconded the motion. A roll call vote was taken.
157 Motion carried as follows: Yeas, 5; Nays none.
158
159 6B. Approval of Resolution No. 08-134, Approving a Variance from the Ordinary High
160 Water Level to allow for the reconstruction of an accessory structure located at 1801 77th
161 Street - Planner Bengtson explained that a variance has been requested by Mr. Ron Marier,
162 1801 77th St E, to allow for reconstruction at his property; staff determined that the
163 reconfiguration called for in the reconstruction would not meet shore land set back requirements.
164 The staff recommendation for denial was forwarded to the Planning and Zoning Board and the
165 board voted to approve the variance. Staff has reported to the council on the matter and was
166 directed to prepare findings (based on council discussion) that would support granting of the
167 variance. Those findings are before the council; staff has added appropriate conditions.
168
169 A council member confirmed that the applicant has agreed to the conditions.
170
171 When asked about Minnesota Department of Natural Resources (DNR) involvement in a
172 shoreland variance, Planner Bengtson explained that the DNR reviews this type of variance. He
73 isn't certain how they will respond upon reviewing this one in particular.
ii74
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COUNCIL MINUTES December 8, 2008
APPROVED
5
6 Council Member Reinert moved to approve Resolution No. 08-134 as presented. Council
177 Member O'Donnell seconded the motion. Motion carried unanimously.
178
179 UNFINISHED BUSINESS
180 A. Open Meeting Law Violation Allegation — investigation results — Attorney Michael
181 Dougherty reported. He was hired by the council to conduct an independent investigation of an
182 alleged Open Meeting Law violation that occurred on July 28, 2008. He has conducted an
183 investigation, beginning with basic information, interviewing involved parties and reviewing
184 necessary documents. His report has been issued to the council and he reviewed his findings
185 included therein. The purpose of the Open Meeting Law is to avoid secret meetings. The event in
186 question was a meeting because three members were present however it doesn't meet the definition
187 of an illegal meeting. His report does include a caution to the council on breaking quorum when
188 the gavel hits.
189
190 It was clarified that the council can continue to discuss items after the gavel has dropped and can
191 continue to make decisions if there is a quorum present. No notice to the public is required on
192 items that are discussed. There is a difference, however, between acting illegally and practicing
193 good government.
194
95 A council member reviewed the process that brought the item to this point. It's been a fair and
6 open process involving an independent investigation by an attorney agreed upon by all council
197 members from a list put together by League of Minnesota Cities. Mr. Dougherty came to the
198 investigation with many years of experience in municipal law.
199
200 Council Member Stoltz moved to accept the report as presented. Council Member Gallup
201 seconded the motion.
202
203 A council member noted the following concerns on the report. It includes a finding that the council
204 meeting was adjourned but the meeting could continue until there were not three council members
205 present. This is not clear since it would appear there were two separate meetings, one of which
206 wasn't properly called or noticed. Also, the report states that the determination of violation is laid
207 within the purpose of the Open Meeting Law, however, two of the three purposes of that definition
208 are ignored. The subject matter of the meeting after the regular meeting was not included on the
209 agenda, a violation of the Open Meeting Law's requirement to inform the public and allow public
210 input. The council member called for a determination regarding those concerns; the report is not
211 complete without that information. The opinion expressed by the report is wrong.
212
213 A council member expressed thanks to the attorney for providing the service of the report to the
214 council. An allegation toward character or integrity is very serious. The independent investigation
215 concluded that a violation of the Open Meeting Law did not occur. The council member suggested
216 that he will be looking further at the Lino Lakes City Council Code of Conduct with the goal of
217 adding what is necessary to ensure that concerns of the body are handled appropriately and
•18 professionally; the citizens have requested a better process and they deserve it.
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COUNCIL MINUTES December 8, 2008
APPROVED
9
0 A council member questioned previous statements made by council members regarding the
221 meeting.
222
223 Two council members noted that they were present when the meeting was adjourned and any
224 discussion that occurred after the gavel dropped was limited to appropriate city business (execution
225 of documents) and personal comments with staff members.
226
227 The motion to accept the report was adopted on a voice vote. Council Member Reinert recorded as
228 voting "no".
229 NEW BUSINESS
230 There was no new business.
231 ADJOURNMENT
232 The meeting was adjourned at 7:30 p.m.
233
234 It was announced that the council would reconvene immediately following adjournment in the
235 community room for a special work session to continue review of the draft comprehensive plan.
236
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Community Calendar— A Look Ahead
December 8, 2008 through December 22, 2008
• Monday, December 8
Wednesday, December 10
• Monday, December 15
• Monday, December 15
• Wednesday, December 17
After regular 6:30 p.m. mtg
6:30 pm, Council Chambers
5:30 pm, Community Room
6:30 pm, Council Chambers
6:30 pm, Council Chambers
Comp Plan Review
Planning & Zoning - cancelled
Council Work Session
Council Meeting
Environmental Board
247
248 These minutes were considered and approved at the regular City Council meeting on December
249 15, 2008.
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Julianne Bartell, City Clerk
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John ergeson, Mayor