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.
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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
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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
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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
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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
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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.
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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
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