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HomeMy WebLinkAbout09/11/2000 Council MinutesCOUNCIL MINUTES SEPTEMBER 11, 2000 CITY OF LINO LAKES MINUTES DATE : September 11, 2000 TIME STARTED : 6:35 P.M. TIME ENDED : 7:45 P.M. MEMBERS PRESENT : Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : Carlson Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; Acting City Engineer, Jason Wedel; Community Development Director, Brian Wessel; City Planner, Jeff Smyser; Finance Director, Al Rolek; and Public Services Director, Rick DeGardner SETTING THE AGENDA Item 7A, Resolution No. 00 — 79, Authorizing Application for t L Demonstration Program, was removed from the agenda. The agenda was approved as amended. CONSENT AGENDA mmunities Council Member Dahl moved to approve t o:enda, as presented. Council Member O'Donnell seconded the motion. Motio '*' d unanimously. ITEM r ACTION MINUTES: August 14, 2000, •"`eeting Approved August 31, 2000, Cocil Budget Meeting Approved DISBURSEMENTS: September 11, 2000 (Check No. 59792 - Approved Approved 59875, $344,711.59) Manual Disbursements ($32,819.90) Centennial Fire District Resolution No. 00 — 83, Establishing a Approved COUNCIL MINUTES SEPTEMBER 11, 2000 Public Hearing for Delinquent Utility Accounts Approved Emergency Generator for the Lino Lakes Fire Station Approved OPEN MIKE Mr. Lynn Steenblock — Introduction of the New Forest Lake School District Superintendent — Mr. Lynn Steenblock came forward and introduced himself. He briefly reviewed his employment history and City Council experience. He stated he is looking forward to working with the City in a cooperative effort with the school district. No one else was present for open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. FINANCE DEPARTMENT REPORT, AL ROLEK Consider Resolution No. 00 — 80, Adopting the pr Lino Lakes (3/5 Vote Required), Al Rolek — S Lino Lakes to adopt and certify a proposed 200 each year. 01 Operating Budget for the City of ised th in Taxation requires the City of g budget on or before September 15th of The 2001 budget is proposed with a _vw c ' se over the 2000 budget. The City experienced a growth of 13.06% over the same p The department budgets wi staff between September budget is flexible and the rop.`ged budget will be further reviewed by the City Council and ovember 19th, 2000, for changes, if needed. Staff noted the required to send it with the passed tax levy. Council Member Dahl inqui d about the 2000 budget. Staff advised the year 2000 budget was , $5,563,672. Council Member Dahl clarified that the budget can be amended up until December 2000. Council Member O'Donnell moved to adopt Resolution No. 00 - 80, as presented. Mayor Bergeson seconded the motion. Council Member Reinert inquired about any complications if the proposed budget is not approved. Staff advised there are no complications as far as the budget is concerned. The budget can be amended until it is formally adopted. Motion carried with Council Member Dahl abstaining. 2 COUNCIL MINUTES SEPTEMBER 11, 2000 • Mayor Bergeson advised Council Members will continue to work on the details of the budget at future Council work sessions. Resolution No. 00 — 80 can be found in the City Clerk's office. Consider Resolution No. 00 — 81, Adopting the proposed 2000 Tax Levy, Collectable in 2001 (3/5 Vote Required), Al Rolek — Staff advised Truth in Taxation requires the City of Lino Lakes to adopt and certify a proposed 2000 tax levy, collectable in 2001 on or before September 15th of each year. The proposed levy may be decreased when the final levy is adopted in December, 2000. The final levy can not be more than the proposed levy. The total levy includes dollars for the general operating budget as well as dollars for general bonded debt. The levy will be further reviewed by the City Council and staff ember 15th and November 19th, 2000, for changes if necessary. Council Member Dahl inquired about this tax levy co levy is in the amount of $5,169,934. Last year's lev are to ear's levy. Staff advised this tax e amount of $5,106,820. Mayor Bergeson inquired about the numbers th. const to a t/a % tax increase. Staff advised the increased rate would result in a tax rate of t year the tax rate was 35.920%. Council Member Reinert moved to a n No. 00 — 81, with no increase over the 2000 levy limit (35.920%). Council Membeed the motion. Mayor Bergeson advised he rate. Most years City's does not want the City to be needed to continue City t th motion because sometimes changes are needed to the tax reve • rom raising the tax rate because of levy limits. He advised he tuation that Circle Pines was in. An increase in the tax rate may rvi es at the same level. Council Member Dahl stated that Lino Lakes has the highest or second highest tax rate in Anoka County. She stated the City needs to take a leadership role and tighten its belt before asking citizens for more money. She stated she wants the department heads to work towards balancing the budget so there is no tax rate increase. Mayor Bergeson stated Lino Lakes does not have the highest tax rate in Anoka County. Council Member O'Donnell stated he believes the City Council wants to hold the current tax rate. He expressed concern regarding the adoption of a lower tax rate without fully understanding the implications to citizens. He stated he will support the l % tax rate increase but will work towards reducing the tax rate to the 2000 level. COUNCIL MINUTES SEPTEMBER 11, 2000 Council Member Reinert stated the City is growing which resulted in more taxes being collected last year. Circle Pines has no potential for growth and collecting more taxes. He stated it is not likely Lino Lakes will get in the same situation. The City will grow every year and continue to collect more taxes. He stated he does not see any reason for a tax rate increase. Council Member O'Donnell inquired about the implications of not approving a tax levy limit this evening. Staff advised that without Council direction, Anoka County will levy back to the 2000 rate. Mayor Bergeson stated that if a levy is not passed this evening, the City will revert to the 2000 levy that would result in $500,000 short of this year's budget. The City Administrator advised the tax levy is based on a lot more property this year. Staff advised the tax levy is at a higher tax capacity. Motion failed with Council Member O'Donnell and Mayor Berges vote no. Council Member O'Donnell inquired about any additional w s b r� tu• balance the budget. Staff advised no further discussion has been held regarding cut Council Member Reinert stated the budget issue amo +' ;x.3,000. The levy limit is a separate issue. Council Member O'Donnell expressed con and leaving no options. If the City goes opportunity to go through the budget favor of keeping the levy limit at t citizens. Council Member Reinert tat nice growth within Lino L now, it will be very difficu raise taxes in the City at this locking the City into the 35.920% tax rate a pre iminary 1/2% rate increase, there is the figure out where it can be cut. He advised he is in owever, cuts from the budget may cut services to ed t ` •mparison is that Circle Pines has no growth compared to the city that is growing like Lino Lakes can't tow the line on taxes o d it in the future when growth slows down. There is no reason to me. There may come a day when it is necessary. Council Member O'Donnell indicated he agrees with Council Member Reinert. However, the Council has three (3) months to balance the budget. He stated he is uncomfortable passing the lower tax levy without knowing the impact to citizens. Council Member Dahl stated the impact is $63,000. Mayor Bergeson stated that if a tax levy is not passed, the City will be stuck with a budget that is $500,000 short. Staff advised that if the City maintains the 2000 tax rate, $64,000 must be cut from the proposed budget. • COUNCIL MINUTES SEPTEMBER 11, 2000 Council Member Dahl stated the options given at the work session for reducing the budget indicated standards of services to residents would not be lowered. There are also other options that can be explored. Staff advised that lowered services by cutting part of the budget is subject to interpretation. Staff has proposed a budget they feel comfortable with to maintain service levels. Council Member Dahl stated only $63,000 needs to be cut to balance the budget. Council Member Reinert stated that if the City does not pass a tax levy the City will be $500,000 short. He stated it would be irresponsible to not pass a levy limit this evening. He stated he will support the 1/2 % increase just to get it done with the understanding that the Council and staff will work very hard to maintain the 2000 levy. Council Member O'Donnell moved to adopt Resolution No. 00 - 81 seconded the motion. esented. Mayor Bergeson Council Member O'Donnell stated he would like to schedule ork session to reduce the budget and maintain the 2000 levy limit. Mayor Bergeson stated in the past few years, some t been set in motion that go into the following year. Some things are in the current b"been started by a previous Council. It is not easy to cut back on some of those items a lugq levy is approved, discussions need to be held regarding alternatives, such as how to t • =Fg s . e place with a lower levy rate, reviewing City fees, surpluses and tax revenues. Motion carried with Council Mem ` 1 v g no. The City Administrator advis in. e Director will be out of town next week. She asked the Council if they want to begin dis ;.ns without the Finance Director present. Council Member Reinert st ed tie discussion needs to begin as soon as possible. A special meeting will be held if the Finance ector needs to be present. Mayor Bergeson directed staff to work on options to balance the budget and include those options in the Friday update. Resolution No. 00 — 81 can be found in the City Clerk's office. Consider Resolution No. 00 — 82, Establish Dates of Truth in Taxation Hearings (3/5 Vote Required), Al Rolek — Staff advised all government entities are required to hold Truth in Taxation hearings to receive pubic input on the proposed levy and general operation budget. Cities may not hold their hearings on the same dates as Counties and School Districts. COUNCIL MINUTES SEPTEMBER 11, 2000 Monday, December 4, 2000 at 6:00 p.m. is proposed to be the first Truth in Taxation hearing date. A continuation hearing, if needed, is proposed for Monday, December 11, 2000 at 6:00 p.m. with final adoption of the 2001 tax levy and general operating budget immediately following the continuation hearing on December 11, 2000. Council Member Dahl moved to adopt Resolution No. 00 — 82, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Mayor Bergeson advised Council Member Carlson is on record as supporting the lower budget and will present her recommendations when she returns. Resolution No. 00 — 82 can be found in the City Clerk's office. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT, RICK There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPART.' EPRT, BRIAN WESSEL Resolution No. 00 — 79, Authorizing Ap h or . ivable Communities Demonstration Program (3/5 Vote Required), Mary •�" vine — Upon adoption of the agenda, this item was removed. Blue Bill Ponds Final Plat Co r, n (3/5 Vote Required, Jeff Smyser — Staff advised the City Council approved the prelimi'' A at f • luebill Ponds on July 10, 2000. The submitted final plat conforms to the approves .relimi plat. The conditions of approval will be covered by plan revisions or the developm ent. The City Attorney has reviewed the title commitment. A development agreement ha' . ee prepared, including financial securities. This item was continued from the August 28, 2000 meeting. Title issues have been resolved by adding a name to the signature sheet. Council Member Dahl moved to approve final plat, Bluebill Ponds, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. FIRST READING, Ordinance No. 16 — 00, Vacating an Easement Across Lots 2-5, Block 1, Pheasant Hills Preserve 8th Addition (4/5 Vote Required), Jason Wedel of TKDA — Staff advised the residents of Lots 2, 3, 4, and 5, all of Block 1, Pheasant Hills Preserve 8th Addition have petitioned the City to vacate a portion of the easement located in their backyards. The dimensions of the existing easement and the proposed vacation are shown on the attached drawings. The existing easement was dedicated for drainage and utility purposes. 6 • COUNCIL MINUTES SEPTEMBER 11, 2000 The grading plan, as proposed by the developer's engineer, originally showed a swale through the backyards of these properties. However, when these lots were graded by the house builders, the center of the swale was moved to the rear lot line. In fact, some of the drainage as been pushed outside of the plat limits and runs across property owned by the Centennial school district. Regardless of the City's action on the proposed easement vacation, the drainage must be removed off of the school district property. A comparison of the proposed and actual swale alignments is shown on a drawing in the staff report. City staff has determined that the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. However, publication of the ordinance should be delayed until the drainage has been moved off the school district property. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two (2) readings, publication and a waiting period before it is in effect. The proposed schedule for this vacation is as follows: First Reading of the Ordinance Sep ='I00 Second Reading of the Ordinance Publication of the Ordinance in the Legal Newspaper fte ale is confined to plat area Effective Date of the Ordinance days after publication Mr. Jim Heron, 1350 Timberwolf Trail, came f• ands stated he bought his property last June with the intent of putting a pool in. He stat e be working with the City Engineer for quite some time to put the pool in. If the poo , .ut in now, it would be 3'h to 4 feet from the house. He asked the Council to help him get e stated he and his neighbors believe there is not a drainage problem. The builder ha. • th d. He stated there is no problem with putting the drainage back into the property s d he is the only homeowner that will change the backyard back to the way it should be. ' +t f s, hat the neighbors have to put their backyards back before he can install the pool. Pow s requested one line along all the property. He noted he agreed to pay for all the surveyor d the Council for their help. Mayor Bergeson stated he is of sure that the City can vacate the easement on only one property. The Community Development Director stated the City Engineer is out of town. He requested the Council approve the vacation to keep this item on schedule. He stated he is not comfortable discussing other details without the City Engineer present. Details of the request can be changed before the second reading. Mr. Heron stated he does not have a problem if drainage is an issue. He stated he hired a surveyor to show that the pool is not a problem. He stated it is not right to hold the process up for other homeowners. He asked that the City deal with him alone. He stated maybe the easement can't be vacated individually but possibly a permit can be issued to install the pool. Mayor Bergeson advised staff would have suggested an easier route if it was possible. COUNCIL MINUTES SEPTEMBER 11, 2000 Mr. Heron stated the City Engineer said the easement should be vacated. The best way to do that is to make all the properties uniform. Mayor Bergeson stated the Council has two (2) options. The Council can approve the staff recommendation and then work on details. The Council could also table the request until the City Engineer returns. Council Member Reinert asked how the neighbors are affected. Mr. Heron stated the neighbors are affected by having to dig up their backyards to move the swale. He stated the concern is that the landscaping is already in. He asked why his pool should affect what the neighbors have to do with their backyards. He added there is no drainage problem. Council Member Reinert clarified that by passing the first reading the process keeps moving. However, nothing will be finalized until the second reading. The City Attorney advised there is no time limit between the fir ; reading. Mayor Bergeson stated the second reading could be delay i e is eeded to work out more details. Council Member Reinert moved to approve 1-1R � Dll , Ordinance No. 16 — 00, as presented. Council Member Dahl seconded the motion. Council Member Dahl voted yea. Coun voted yea. Mayor Bergeson voted ye Motion carried unanimously. Donnell voted yea. Council Member Reinert SECOND READING, 1 dinan . .13 — 00, Vacating Elmcrest Avenue from 400 feet south of Main Street to Cedar St ote Required, Jason Wedel of TKDA — Staff advised the developer of the Victor G 9 = ns formerly Wenzel Farm) project in the City of Hugo has requested the vacation of the City of L o Lakes' portion of the Elmcrest Avenue right-of-way. This roadway is also known as 24th Avenue and Tart Lake Road. The purpose of the vacation is to allow the developer to incorporate this area into their landscaping and trail plan and provide a bugger between the residential development in Hugo and the commercial development in Lino Lakes. The first reading of this ordinance was approved by the City Council at the August 14, 2000, meeting. The only access of concern to Lino Lakes in the proposed vacation area is the Construction Laborer's Training Facility driveway. For this reason, the vacation begins 400 feet south of Main Street, and south of the driveway. City staff has determined that the use of this area for a roadway is not needed for public purposes, however, the City does need to retain a drainage and utility easement over the vacated area. 8 • COUNCIL MINUTES SEPTEMBER 11, 2000 In order to show more clearly the proposed alignment of the new roadway to be constructed in Hugo, a map is included in the staff report showing its relation to Main Street, existing Elmcrest Avenue, and Cedar Street. City staff also met with the resident at 2310 Cedar Street, Caren Cunningham, on August 25 to answer her questions regarding the proposed vacation, and other development activities in the area. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two (2) readings, publication, and a waiting period before it is in effect. The publication will not occur until the replacement north/south roadway has been constructed in Hugo. Mayor Bergeson clarified that the City is not vacating the first 400 feet. He asked if the City will maintain the drainage easement. Staff advised the City will maintain the drainage easement along the whole length of the road. Council Member O'Donnell moved to approve SECOND READ , Or ance No. 13 — 00, as presented. Council Member Dahl seconded the motion. Council Member Dahl voted yea. Council Member O'D ne oted ea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 13 — 00 can be found in the ' v ffice. UNFINISHED BUSINESS - None NEW BUSINESS - None COMMUNITY CALE AR EMBER 12 THROUGH SEPTEMBER 25, 2000: State Primary Election, sd y, September 12, 2000 Planning & Zoning Board Meeting, Wednesday, September 13, 2000, 6:30 p.m. Special Council Work Session, Saturday, September 16, 2000, 8:00 a.m. to 10:00 a.m. Council Work Session, Wednesday, September 20, 2000, 5:30 p.m. Special Council Work Session, Saturday, September 23, 2000, 8:00 a.m. to 10:00 a.m. City Council Meeting, Monday, September 25, 2000, 6:30 p.m. COUNCIL MINUTES ADJOURN SEPTEMBER 11, 2000 There being no further business, Council Member Dahl moved to adjourn at 7:45 p.m. Council Member Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, September 25, 2000. 31katotte.d. Ry-Chel Gaustad, City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. erges , Mayor 10