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HomeMy WebLinkAbout10-22-2012 Council Minutes COUNCIL MINUTES October 22, 2012 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : October 22, 2012 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 8:30 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; Economic Development Coordinator Mary Alice Divine; Finance Director Al Rolek; Chief 14 of Police John Swenson; City Attorney Joseph Langel; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. 23 24 SPECIAL PRESENTATION S-- 25 26 Charter Amendment Update—Community Development Director Grochala spoke to the question 27 of what would change if the proposed charter amendment is passed this fall. He explained that the 28 process for public improvement projects is still outlined in state law and the city charter and the 29 amendment would just tweak the process. The process for proposal of projects would not change; 30 the public hearing process with notification of property owners would not change. With the change, 31 an additional hearing is called for based on neighborhood input to give time to work on concerns. 32 After hearings the ability of a project to go forward still rests with the neighborhood. Finally the 33 community as a whole can petition to stop a project. He noted that information on the amendment is 34 available on the city's Web site, at a kiosk at city hall and through a public service program on the 35 city cable channel. 36 37 Mayor Reinert announced his support for the charter amendment. He clarified that the process under 38 discussion is for neighborhood roads, not the county or state roads we sometimes see under 39 construction in the city. The process proposed is a fair balance and gives residents more influence on 40 the work impacting them and as well maintains the integrity of the city charter. 41 42 CONSENT AGENDA 43 44 Council Member Roeser moved to approve the Consent Agenda, Items 1 A through 1 G, as presented. 45 Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 1 COUNCIL MINUTES October 22, 2012 APPROVED 46 47 ITEM ACTION 48 49 Consideration of Expenditures: 50 51 October 22, 2012 (Check No. 94429- 52 94501, $197,312.40) Approved 53 54 Centennial Fire District (Check No. 5539 - 5550 55 and 2012009 and 5524 Approved 56 57 October 1, 2012 Council Work Session 58 Minutes Approved 59 60 October 8, 2012 City Council Meeting 61 Minutes Approved 62 63 Application for Exempt Permit from Lawful Gambling 64 License for St. Joseph Catholic Church Approved 65 66 Resolution No. 12-102, Authorizing Certification of 67 Delinquent Weed and Nuisance Abatement Charges for 68 collection with the 2012 property taxes payable 2013 Approved 69 �- 70 Resolution No. 12-207, Authorizing Certification of 71 Delinquent Water& Sewer Charges for collection with 72 the 2012 property taxes payable 2013 Approved 73 74 October 15, 2012 Special Work Session Minutes Approved 75 76 FINANCE DEPARTMENT REPORT 77 78 2A) Resolution No. 12-105,Awarding the Sale of General Obligation Bonds, Series 2012A- 79 Finance Director Rolek reported that the council previously authorized the issuance of these bonds 80 that will finance street and signal improvements at Lake/Main and Ware/Birch primarily and also 81 would refund an existing issue for savings. The bond issue was bid this day and the city's fiscal 82 consultant, Terri Heaton of Springsted, is present to report on the results of bidding. 83 84 Ms. Heaton reviewed the bid tabulations presented in written form to the council. The low bid of the 85 six bids received came from United Bankers Bank at 1.26 percent for a ten year bond. The timing for 86 the sale was excellent since there was great demand and few issuances this week. The savings on the 87 refunding will increase to approximately $40,000. The reduced cost of issuance will also reduce the 88 bond amount. The other good news is that the rating agency gave the bonds a solid AA2, reflecting 89 the city's sound financial operations and reserves. She commended city staff on their full disclosure 2 COUNCIL MINUTES October 22, 2012 APPROVED 90 and open discussion with the rating agencies; they fully responded to all questions and were able to 91 lay out plans for the future, leaving the raters comfortable affirming the high rating. 92 93 Council Member Roeser moved to approve Resolution No. 12-105 as presented. Council Member 94 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 95 96 2B) Resolution No. 12-106,Approving Post-Issuance Compliance Procedure and Policy for 97 Tax-Exempt Governmental Bonds—Finance Director Rolek explained that the city's bond counsel 98 is recommending adoption of the procedure and policy before the council. He clarified that the policy 99 is not changing anything but rather putting into place formally the policy and procedures that the city 100 already follows in regard to bonds. He reviewed the policy and procedures. 101 102 Council Member O'Donnell moved to approve Resolution No. 12-106 as presented. Council 103 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 104 105 ADMINISTRATION DEPARTMENT REPORT 106 107 There was no report from the Administration Department. 108 109 PUBLIC SAFETY DEPARTMENT REPORT 110 111 There was no report from the Public Safety Department. 112 113 PUBLIC SERVICES DEPARTMENT REPORT "-114 115 There was no report from the Public Services Department. 116 117 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 118 119 6A) Resolution No. 12-108,Approving Twin City Gateway Budget for 2013—Economic 120 Development Coordinator Divine reported that tourism group that includes Lino Lakes has submitted 121 their 2013 budget for approval of all member cities. She noted highlights of the budget, including 122 growth, a healthy fund reserve and low administrative costs. The group does contribute funds that 123 support the city's annual Blue Heron Days festival. 124 125 Council Member Roeser moved to approve Resolution No. 12-108 as presented. Council Member 126 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 127 128 6B) Resolution No. 12-59, Establishing Cartway—Community Development Director Grochala 129 recalled that the council held a special meeting at the site to review possible access locations for the 130 cartway. He indicated through an overhead view the three access locations that were considered and 131 the slope from those spots. Staff has checked with the Rice Creek Watershed District on the 132 possibility of wetland impact and has been told that from that perspective,the access site closest to 133 the bridge would be the least preferred. At the work session held prior this council meeting, the 134 council requested an estimate of how damages would be reduced percentage wise with an access 3 COUNCIL MINUTES October 22, 2012 APPROVED 135 location further from the homes on the island. He explained that staff did present a possible damage 136 amount and that was based on the cartway itself as well as available appraisal data. 37 138 City Attorney Langel concurred that the damages presented by staff are just a proposal and the charge 139 to the council is to determine the value of the road being turned into a cartway. There is an 140 expensive bridge involved and staffs proposal is to use one sixth of the depreciated value of that 141 bridge for that portion of the damages. There could be an argument made that the petitioner will not 142 use the bridge as the other landowners do so his should be a lesser value. Mr. Langel said that there 143 are arguments on all sides of the damages discussion and the figures presented by staff are just one 144 option. 145 146 The mayor explained that establishment of a cartway is a new issue for this council; the process is 147 guided by a state statute. The council has to consider damages and maintenance needs and it is 148 something of a unique situation with a bridge and existing roadway. He recalled that the council met 149 at the site and discussed possible access points and the council heard from area residents that they 150 would prefer the shortest route, identifying that as least intrusive. He noted that staff will be 151 presenting figures representing the decrease in the amount of roadway. There seems to be agreement 152 already that the bridge maintenance cost to Mr. Johnson will be one-sixth the actual costs so that 153 portion is clear. There seems to be majority agreement that the access point for the cartway would be 154 the mid-location at eight percent grade. For road maintenance, numbers between 2 and 16.7 percent 155 (one-sixth) have been discussed. 156 157 Mr. Grochala reported that staff recalculated the bridge and road costs based on the shortened cartway '58 (closer access point) and determined a percentage of 9.27 and the amount of$48,118 based on what ■ -159 was requested by Council Member O'Donnell. Mayor Reinert said he came up with the figure 160 $39,000, because Mr. Johnson will have additional costs in changing the cartway at the homeowners' 161 choice. Council Member Rafferty announced that he is supportive of the access location change and 162 has generally concurred with the damages suggested by staff. Council Member Roeser explained his 163 view point regarding the impact on the area as well as the shortening of the cartway and, regarding 164 establishing value, that it can be a difficult decision for a city council to establish values but the city 165 attorney and staff has presented opinions that the council use; he will stick with the figures brought 166 forward by staff. The mayor suggested that he sees an argument in a lower figure than what staff 167 brought forward because the length of the cartway will be different and the grade onto property higher 168 thus imposing more cost onto the petitioner. Attorney Langel explained that damages must be 169 focused toward the injured (HOA) and considering the impact to the petitioner may not be a 170 legitimate factor to decrease damages. 171 172 Joe Barnett, attorney for Petitioner Johnson,told the council that he provided additional written 173 information this day that should be helpful in cartway discussions; he hopes that the city attorney 174 passed that on to the council. It suggests that the definition of damages should be tied to that process 175 that establishes roadway which is laid out in state statute. He suggests that by granting this cartway, 176 there really isn't any diminishment in the HOA property. The mayor suggested that the council seems 177 to have already decided that there is an impact on the private property owners. 178 4 • COUNCIL MINUTES October 22, 2012 APPROVED 179 Julie Jeffrey Schwartz, member of the HOA, concurred that this is a difficult decision for the council. 180 She noted that she is a professional appraiser and has expertise in the particular area of valuation. 81 She argues that the staff recommendation is actually too little from her perspective. She pointed out 182 that there are unknowns about how the cartway will impact the property. She respectfully requests 183 that the council not go any lower than the staff recommendation. She also asked that the council 184 include a time frame in their action relative to when the petitioner will have to pay; she'd recommend 185 payment within 40 days so that the HOA can still act within the period for appeals. Attorney Langel 186 confirmed the appeal period by reading the statute. 187 188 Mayor Reinert summarized that the council appears to have concurrence on the location, the amount 189 for bridge maintenance, and the road maintenance. What remains is the question of damages. He 190 stated that he supports the following charges: bridge, one sixth of maintenance costs; road,two 191 percent; compensation of$39,000; and a two year time frame for the petitioner to make payment. 192 193 Attorney Langel answered questions about the need to put an end date on the action authorizing the 194 cartway. He confirmed that once the amount required of the petitioner is determined, that must be 195 paid before construction of a cartway or use can proceed. In this case the road is already there and the 196 access/driveway is all that's required. Administrator Karlson asked about a scenario where the 197 payment is made but an appeal is filed by the HOA, could the city still be involved in litigation and 198 Attorney Langel suggested that could happen. Attorney Langel also clarified that the roadway of the 199 bridge wouldn't be considered as a roadway but part of the bridge. He also clarified that the survey 200 for the cartway will have to be updated to reflect any changes. 201 '02 Council Member Roeser concurred that there should be an end date for payment to be received and he x--203 is comfortable with eighteen months to two years as part of the action. Council Member Stoesz 204 concurred that there should be a time condition; he'd also like to understand how future costs will be 205 passed on to the petitioner since he isn't a member of the HOA and the city attorney responded that he 206 envisions there will be an agreement between the petitioner and the HOA. Council Member Rafferty 207 received an explanation of what construction would actually occur(just a driveway). 208 209 Petitioner Adam Johnson thanked the council for their work on this matter, clarified that to his 210 knowledge the cartway statute doesn't allow the council to instill a time limit and also announced that 211 since the cost being considered for the cartway would be more than 20 percent of what he paid for his 212 home,he doesn't believe he will be able to fund $50,000 plus even over a two year period. 213 214 Mayor Reinert remarked that he believes this council has spent a lot of time on this matter because 215 they want to get it right. 216 217 Council Member Rafferty moved to approve Resolution No. 12-59 as amended to reflect the most 218 recent figures presented by staff(one sixth of bridge maintenance costs, one sixth of 9.27 percent of 219 road maintenance costs and $51,653.75 for damages) with findings to reflect those figures and with 220 damages subject to inflation and the cartway agreement null and void if not executed within two 221 years. Council Member Stoesz seconded the motion. 222 5 COUNCIL MINUTES October 22,2012 APPROVED 223 Attorney Barnett clarified that there would be no maintenance obligation for the petitioner until and 224 unless the cartway is opened by a payment. 25 226 Council Member Roeser indicated he'd like to see consideration of the HOA with inflation 227 calculators built into the damages and also consideration to the petitioner allowing him additional 228 time to make payment. He also suggested that perhaps the petitioner could work out a situation where 229 he could make payments toward the total damages. 230 231 Council Member Rafferty moved to amend his motion to indicate that the damages must be paid 232 within ten years or the possibility of establishment becomes null and void and the damages are subject 233 to inflation after two years. Council Member Stoesz concurred. 234 235 Motion adopted upon a voice vote. Council Member O'Donnell recorded as voting "no". 236 237 6C) Resolution No. 12-104, adopting assessments for the 2012 individual property public utility 238 connections—City Engineer Wedel explained that a single homeowner has requested connection to 239 city water and has fulfilled the necessary waiver. Costs will be assessed to their property taxes at 240 their request. 241 242 Council Member O'Donnell moved to approve Resolution No. 12-104 as presented. Council 243 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 244 245 UNFINISHED BUSINESS '46 There was no Unfinished Business. 248 249 NEW BUSINESS 250 251 There was no New Business. 252 253 COMMUNITY CALENDAR 254 Community Calendar—A Look Ahead 255 October 23,2012 through November 13,2012 256 #- Wednesday,October 24 6:30 pm, Council Chambers Environmental Board 257 Thursday,November 1 8:00 am, Community Room EDAC 258 Ivis. Monday,November 5 5:30 pm, Community Room Council Work Session 259 4. Monday,November 5 6:30 pm, Council Chambers Park Board 260 ilk Monday,November 8 6:30 pm,Police Training Room Charter Commission 261 Tuesday,November 13 6:30 pm, Council Chambers City Council Meeting 262 263 COMMUNITY EVENTS 264 265 Gobbler Games at Centennial Middle School on November 3, 10:00 a.m. to Noon—This FREE 266 family event is sponsored by the Lino Lakes Parks and Recreation Department. The event consists of 267 low-key competition in a variety of athletic events, pairing up children (ages 4-14)with adults. 6 COUNCIL MINUTES October 22, 2012 APPROVED 268 Refreshments will be available to enjoy after completion of the events. This is a free event and no 269 pre-registration is required. 10 271 Shoes Needed! During the month of November, Heading Home Anoka is sponsoring a collection of 272 new and gently used shoes and boots for all ages. Donated shoes will be distributed to homeless 273 persons in Anoka County. Drop off locations are: the Anoka County Government Center; Blaine 274 Human Services Center; and all Anoka County Libraries. 275 276 ADJOURN 277 278 There being no further business, Council Member Rafferty moved to adjourn at 8:30 p.m. Council 279 Member O'Donnell seconded the motion. Motion carried unanimously. 280 281 These minutes were considered and approved at the regular Coun • u -eting on iø -mber 13, 2012. 282 r 283 Ali 284 285�. •�. � 286 7u i. e Bartell, City lerk Jeff:'ei •rt, Mayor 287 7