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HomeMy WebLinkAbout10-24-2011 Council Minutes COUNCIL MINUTES October 24, 2011 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : October 24, 2011 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:45 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT 11 12 Staff members present: City Administrator Jeff Karlson; City Attorney Jay Squires; Community 13 Development Director Michael Grochala; City Engineer Jason Wedel; Economic Development 14 Coordinator Mary Divine; Chief of Police John Swenson; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 John DeHaven, 612 Birch St, noted concerns about the lack of background information required for 19 individuals running for elected office. 20 21 SPECIAL INTRODUCTION 22 23 Kelly Fellows, Thrivent Financial for Lutherans, had planned to attend the meeting but was not present. �- 24 25 SETTING THE AGENDA 26 27 The agenda was approved as presented. 28 29 CONSENT AGENDA 30 31 Council Member Gallup moved to approve the Consent Agenda, Items 1 A through 1H except Item 32 1 C, as presented. Council Member Rafferty seconded the motion. Motion carried unanimously. 33 34 Council Member O'Donnell moved to approve Consent Agenda Item 1C, as presented. Council 35 Member Roeser seconded the motion. Motion carried unanimously. 36 37 ITEM ACTION 38 39 Consideration of Expenditures: 40 41 October 24, 2011 (Check No. 91927- 42 92018, $220,798.55) Approved 43 44 Centennial Fire District (Check No. 5002- 45 5024, $3,606.89) Approved 1 COUNCIL MINUTES October 24, 2011 APPROVED 46 v. 47 October 3, 2011 Council Work Session 48 Minutes Approved 49 50 October 10, 2011 City Council Meeting 51 Minutes Approved 52 53 Resolution No. 11-107, Special Event and 54 Parade/Run Permit for Diva Dash 5K/10K Run Approved 55 56 Exempt Permit for Lawful Gambling for St. Joseph's 57 Church (calendar raffle) Approved 58 59 Resolution No. 110, Certification of Delinquent Weed 60 Abatement Charges for collection with the 2011 property 61 Taxes payable in 2012 Approved 62 63 Resolution No. 106, Certification of Delinquent Water 64 And Sewer Utility Charges for collection with the 2011 65 Property taxes payable in 2012 Approved 66 67 October 3, 2011 Special Council Meeting Minutes Approved 68 69 FINANCE DEPARTMENT REPORT, AL ROLEK 70 71 There was no report from the Finance Department. 72 73 ADMINISTRATION DEPARTMENT REPORT 74 75 There was no report from the Administration Department. 76 77 PUBLIC SAFETY DEPARTMENT REPORT, JOHN SWENSON 78 79 4A) Resolution No. 11-111, Contract for Prosecution Services with Geck, Duea & Olson, PLLC 80 -Public Safety Director Swenson explained that as part of the recent budget process, staff was asked 81 to evaluate costs related to prosecution legal services for possible savings. The result of considering 82 three proposals is the recommendation before the council to approve a contract with the firm of Geck, 83 Duea& Olson, PLLC, at the lowest monthly cost offered. 84 85 The mayor commended staff for following the council's direction to find costs savings. 86 87 Council Member O'Donnell moved to approve Resolution No. 11-111 as presented. Council 88 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 89 2 COUNCIL MINUTES October 24,2011 APPROVED 90 4B) Resolution No. 11-112, Accept grant funds from Citizen Corps Program—Public Safety , . 91 Director John Swenson reported that he has received notification from the Minnesota Department of 92 Homeland Security and Emergency Management that the Lino Lakes Police Department has been 93 awarded a 2012 grant in the amount of$24,051. The grant funds will be used to increase working 94 hours for the department's Community Relations Coordinator who can in turn increase volunteer 95 coordination and seek additional grant funding. The grant funding is for a one-year period, it does not 96 require a match from the city and the increase in hours for the police department position is tied to 97 receipt of the grant. 98 99 Council Member Gallup moved to approve Resolution N. 11-112 as presented. Council Member 100 Roeser seconded the motion. Motion carried on a unanimous voice vote. 101 102 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 103 104 There was no report from the Public Services Department. 105 106 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 107 108 6A) Resolution No. 11-105, Twin City Gateway Budget for 2012 —Economic Development 109 Coordinator Divine explained that the tourism bureau that serves the northeast metro, including Lino 110 Lakes, has submitted their budget for 2012 and it requires city council review. She reviewed the 111 budget noting that the funding that comes back to Lino Lakes has risen significantly in the past year '12 because the city's Hampton Inn now receives "preferred status"through the tourism group and that 13 has brought in many more room nights to that facility. She added the city also receives funding for 114 it's community festival from the group. 115 116 Council Member Rafferty moved to approve Resolution No. 11-101, as presented. Council Member 117 Gallup seconded the motion. Motion carried on a unanimous voice vote. 118 119 6B) Resolution No. 11-108,Adopting Assessments for the I35E/CSAH 14 Interchange- 120 Community Development Director Grochala noted the total cost of the project at $19,817.833 with 121 the amount to be assessed $4,206,010, a reduction of$1,300,000 from the amount proposed to be 122 assessed back in 2009. He explained how the assessments have been distributed, on an area wide 123 basis. The rate was determined by factors: proposed land use, existing land use, public utility staging 124 and all in accordance with the city's comprehensive plan. The assessment methodology was reviewed 125 by an appraiser, including relationships between similar property types. The proposed assessments 126 would be spread over a fifteen year period with an interest rate of 5%. He also explained that certain 127 unplatted/undeveloped properties would be eligible for deferral of the assessment, as well as the 128 normal senior citizen or military deferment option, and that has been written into the assessment plan. 129 Property owners will have an opportunity to address the council tonight at the public hearing; a letter 130 received on the matter has been included in the council's packet and other letters received were 131 passed out at the pre-meeting council work session. It was confirmed that this evening provides 132 property owners the opportunity to initiate an appeal process. Mr. Grochala added that the 133 intersection did reach a point where it had reached capacity and there really couldn't be further 3 COUNCIL MINUTES October 24, 2011 APPROVED 134 development but for improvements. The stimulus funding became available and other fortunate 135 elements, and this project became possible. 136 137 Mayor Reinert opened the public hearing at 7:01 p.m. 138 139 Robert Foster, Attorney with Foster&Breyer,representing the property owners listed as East Lino 140 Lakes LLC. They have presented a letter to the council objecting to the assessment amount on the 141 basis that their property value will not receive the amount of benefit for the amount assessed and 142 actually that amount of assessment will have a negative effect on selling the property. They oppose 143 the assessment and, if it passes the council,they will be filing an appeal. 144 145 David Graetzer,Applecrest Orchards,24th Avenue. He noted that staff announced a reduction in the 146 assessments originally proposed and he asked if that reduction was evenly distributed(percentage 147 wise)to all property owners? Mr. Grochala replied that it wasn't distributed uniformly but was 148 determined with the help of an appraiser and he added that every property owner saw a decrease. Mr. 149 Graetzer asked if some property owners saw a greater than 24% decrease? It's a question of fairness 150 to him and he'd like to understand how savings were spread. The Mayor directed staff to prepare a 151 breakdown and provide that level of detail to Mr. Graetzer,the public and the Mayor himself. Mr. 152 Graetzer noted that he isn't objecting except that he wants everyone to be treated fairly. 153 154 A council member asked, if property owners are successful abating assessment amounts,how is that 155 made up? Attorney Squires responded that the amount approved to be assessed to others would not L 56 change without a new process; it would probably need to be covered by the city. %-157 158 Tom Rooney, representing Gerald and Gordie Rehbein,read a portion of the letter he had submitted 159 to the city. Noted were sections indicating that his clients believe the amount assessed exceeds the 160 benefit as well as the cost of the improvements to the city and also that their properties are being 161 assessed higher than other like properties. 162 163 Jerry Broker, Eagle Brook Church, (letter had been submitted), noted that the church, as non-profit, is 164 being asked to shoulder nine percent of the total assessment even though they are the furthest from the 165 interchange. They feel that their rate exceeds the rate of existing businesses and that is unfair. They 166 have already contributed $100,000 to improving the intersection in 2005,temporary in nature, but a 167 contribution none the less. The $365,000 they are now being asked to contribute is a large burden. 168 Even though they appreciate the bridge,they are a non-peak user and so they believe the assessment 169 rate proposed to them is too high. 170 171 Lee Perrault,representative of the Bernier Family Farm, LLC. Their concerns about the assessment 172 have been pretty much alleviated and they now feel that the amount requested of them is fair. He 173 commended the council and especially Mike Grochala who has responded fairly. One concern is to 174 hear complaints about assessments from persons who have taken large amounts of money from the 175 project; they don't have a leg to stand on since they took one-third of the total cost of the project. 176 There are six families in his group and the cost of the assessments outright would be prohibitive so 177 they will be applying for a deferment. ,18 4 COUNCIL MINUTES October 24, 2011 APPROVED 179 Jason Snyder, Jason's Bobby& Steve's Auto World, 7090 21St Avenue, noted this his parcel of 180 property was the first to be impacted by the project—it has cost him about sixty percent of his 181 business because people cannot get in or out. The assessment amount for him is minimal but he feels 182 like the problems are larger than just the amount of the assessment. He isn't certain that the people 183 of Lino Lakes understand that just 26 property owners are paying the entire cost to the city of this 184 project. He feels like his access problem has never been addressed fully and he is in a really tough 185 bind. There are many questions that need to be answered still and many of them impact his property. 186 Mr. Snyder asked Mr. Grochala if he still has the same property building rights as he did before the 187 improvements. He challenged the council and others to actually visit the site and see the actual lay 188 out; he just wants a situation that makes sense. When the Mayor asked staff about Mr. Snyder's 189 options, Mr. Grochala responded that regarding assessments, he has the same right of appeal. With 190 regard to access, Mr. Grochala said that the matter was deliberated for a long time and it was 191 impacted by such things as the AUAR and development interests for access in other areas that were a 192 part of the interchange design; the situation had to be negotiated with Anoka County and the 193 Minnesota Department of Transportation. The Mayor noted that even the right-out would be an 194 improvement. A council member noted that signage seems to be an immediate problem that should 195 be addressed but further and in the longer term the city needs to focus on bringing other businesses 196 into the area that will help bring in people to existing businesses. The Mayor recommended optimism 197 in the matter and asked that the matter be added to a future council work session (Council Member 198 Roeser concurred with adding the matter to the next work session agenda.) 199 200 There being no further speakers, the public hearing was closed at 7:33 p.m. 01 -202 City Attorney Squires noted that written objections have been received from: 203 - East Lino Lakes LLC signed by Myrna Rehbein; 204 - Assure Properties, signed by Richard Schrier; 205 - Eagle Brook Church, signed by Jerry Broker; 206 - Paul Miller; 207 - Rooney&Neilson, signed by Mr. Rooney and Gerald Rehbein. 208 209 Council Member O'Donnell moved to approve Resolution No. 11-108 as presented. Council 210 Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 211 212 6C) Zoning Ordinance Amendment—Accessory Outdoor Storage as Pg 68-83 213 Interim Use—Options: 214 i. Consider Resolution Number 11-109, Denying the request to 215 amend the Zoning Ordinance. 216 ii. Consider 1st Reading of Ordinance No. 21-11, Amending 217 Section 8 of the Zoning Ordinance to Allow Exterior Storage 218 as an Accessory Use by Interim Use Permit in the Light Industrial zoning district. 219 220 The council had reviewed the matter at their work session and the council will take more time to 221 review options. It will be discussed at the next work session after extending the review period for an 222 additional 60 days. 23 5 COUNCIL MINUTES October 24, 2011 APPROVED 224 Council Member Rafferty moved to postpone the matter and to extend the 60 day review period 225 allowed by state statute to allow for further review of the matter. Council Member Roeser seconded 226 the motion. Motion carried on a unanimous voice vote. 227 228 6D) Resolution No. 11-105, Adopting Assessment, 745 Oak Lane Building Demolition—City 229 Engineer Wedel explained that the resolution certifies for assessment the city's cost of demolishing the 230 properties at 745 Oak Lake. The city has followed due process in bringing these costs forward. 231 232 Council Member Gallup moved to approve Resolution No. 11-105 as presented. Council Member 233 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 234 235 6E) Resolution No. 11-104,Adopting Assessments, 2011 Individual Property Public Utility 236 Connections—City Engineer Wedel reported that each year the city certifies assessments for property 237 owners requesting connection to city water and sewer. Two properties have asked the city for these 238 connections as noted in the resolution. The property owners have signed waivers that allow the city to 239 directly assess the full cost. 240 241 Council Member O'Donnell moved to approve Resolution No. 11-104 as presented. Council Member 242 Roeser seconded the motion. Motion carried on a unanimous voice vote. 243 244 UNFINISHED BUSINESS 245 '46 There was no Unfinished Business. X247 248 NEW BUSINESS 249 250 There was no New Business. 251 252 COMMUNITY CALENDAR 253 254 Community Calendar—A Look Ahead 255 October 25, 2011 through November 14, 2011 256 257 Wednesday, October 26 6:30 pm, Council Chambers Environmental Board 258 Alt. Thursday,November 3 8:00 am, Community Room EDAC 259 Monday,November 7 5:30 pm, Community Room Council Work Session 260 Wednesday,November 9 6:30 pm, Council Chambers Planning&Zoning Bd 261 4. Monday,November 14 6:30 pm, Council Chambers City Council Meeting 262 Monday,November 14 following Council Mtg. Park Board 263 264 ADJOURN 265 266 There being no further business, Council Member Rafferty moved to adjourn at 7:45 p.m. Council 267 Member O'Donnell seconded the motion. Motion carried unanimously. '68 69 These minutes were considered and approved at the regular Council Meeting,November 14, 2011. 6 COUNCIL MINUTES October 24, 2011 APPROVED 270 271 272 400, jr 273 411111.1 .,,_.. • / rt 274 J i. ell, City Cler, Jef In , Mayor 275 7