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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 -1- 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 -2- 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. -3- 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 -4- 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. -5- 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. 236 237 4103389 240 241 242 243 244 245 246 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. 250 251 252 253 254 255 • Julianne Bartell, City Clerk -6- John ergeson, Mayor