Loading...
HomeMy WebLinkAbout06/09/2003 Council MinutesAPPROVED CITY OF LINO LAKES •2 MINUTES 3 4 5 DATE : June 9, 2003 6 TIME STARTED : 7:35 P.M. 7 TIME ENDED : 8:37 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell (part), Reinert 9 (part) and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Linda Waite Smith; City Engineer, Jim Studenski; 13 Community Development Director, Michael Grochala; City Planner, Tanda Gretz; Finance Director, 14 Al Rolek (part); City Clerk, Ann Blair and City Attorney, Bill Hawkins. 15 16 Mayor Bergeson noted that Councilmembers O'Donnell and Reinert would be arriving late. 17 18 SETTING THE AGENDA 19 20 Mayor Bergeson noted that item 7I has been removed by staff, and will be heard at a later date. 21 22 CONSENT AGENDA 23 24 Councilmember Dahl moved to approve the Consent Agenda as submitted. Councilmember Carlson • 25 seconded the motion. 26 27 Motion carried unanimously. Councilmembers O'Donnell and Reinert were absent. 28 29 ITEM ACTION 30 31 A. CONSIDERATION OF EXPENDITURES: 32 33 i) June 9, 2003 (Check No. 68231- 34 68323, $156,733.88). Approved 35 36 ii) Centennial Fire District (Check No. 13809 - 37 13821, $1,862.12) Approved 38 39 B. CONSIDERATION OF APPLICATION FOR BLOCK PARTY ON LINDEN LANE 40 41 OPEN MIKE 42 43 There was no one present for open mike. 44 45 FINANCE DEPARTMENT REPORT, AL ROLEK 46 47 A. 2002 Audit Report, Darwin Viker, LAW • 48 COUNCIL MINUTES JUNE 9, 2003 APPROVED 49 Mr. Viker explained that the Council received the audit report last week, as well as compliance and • 50 control letters. He advised that during the work session they reviewed the report in detail, so today he 51 will just highlight a few things. He explained that his company is hired to audit the City, who 52 received an unqualified (clean) opinion. He stated the City had a good year, noting the fund balance 53 history for the past 10 or 11 years. He indicated the General Fund balance did especially well, which 54 they would expect in a growing city such as Lino Lakes. He stated that expenditures have also 55 grown, and in their review they like to see a half-year reserve in the General Fund balance. 56 57 Mr. Viker stated that Lino Lakes had a nice increase, which is good to see. He indicated many cities 58 have been hit hard with the State reductions, but Lino Lakes has positioned themselves with their 59 fund balances to cushion the impact before it becomes a problem, giving them time to get 60 expenditures and revenue in line. He stated if the City needs to complete any transfers to any fund, 61 they should do so right away so they do not overstate the General Fund balance. He indicated he has 62 not seen any deterioration, and would recommend the City continue as they have been. He advised 63 there are a number of internal control reports, noting the City had no reportable conditions or material 64 weaknesses; however his company has not been hired to audit for that. He indicated if in the course 65 of their audit they were to find a reportable condition or material weakness they would report it, but 66 they are not specifically auditing for them. 67 68 Mr. Viker advised there was one minor finding dealing with bid law compliance. He stated it is not 69 their opinion that the City is not going through the proper process, but they need more documentation 70 to support that the process is complete. He indicated the City is taking action to maintain that 71 documentation. He stated they will need this year to implement new accounting and auditing 72 practices to comply with Gasby 34, and he will work with City Staff to make the changes, but he • 73 noted this will place demands on the Finance Department. He indicated he met with Al Rolek last 74 year for preliminary discussions on this change and will be meeting with him again. 75 76 Councilmember Carlson moved to accept the audit report as presented. Councilmember Dahl 77 seconded the motion. 78 79 Motion carried unanimously. Councilmembers O'Donnell and Reinert were absent. 80 81 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 82 83 A. SuperTarget Fireworks Permit Application, Ann Blair 84 85 (Councilmembers O'Donnell and Reinert arrived at 7:55 p.m.) 86 87 City Clerk Blair summarized the staff report, indicating it is staff's recommendation to approve the 88 application. 89 90 Councilmember Carlson noted the staff report says the permit fee will be $100, with an insurance 91 requirement of $300,000. She asked how they will determine the fee amount for other companies, 92 and if there would be a new scale. 93 94 City Clerk Blair stated that under the new law, this is the amount they are allowed to charge. She 95 indicated the amount is dependent on whether it is an individual or corporation. • 96 2 COUNCIL MINUTES JUNE 9, 2003 APPROVED 97 Councilmember Carlson asked what the fee would be for an individual. •98 99 City Clerk Blair stated if the person or company only sells fireworks, the fee is $350, but if they have 100 other business and only sell fireworks as a small part of that business, the fee is $100 for the annual 101 permit. 102 103 Councilmember Reinert moved to adopt Resolution No. 03-89 approving an annual firework permit 104 for SuperTarget. Councilmember Dahl seconded the motion. Motion carried unanimously. 105 106 Resolution No. 03-89 can be found in the City Clerk's office. 107 108 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 109 110 A. Consider Application for COPS in Schools Grant 111 112 Sergeant Steve Mortenson presented the staff report. He noted the grant would cover a portion of the 113 officer's salary, approximately 75% the first year, 50% in year two and 25% in year three. He 114 indicated they have met with the school district, which would like to participate in this program, and 115 may be willing to help fund a portion of the salary, although they have not given a specific dollar 116 figure. He advised staff is recommending approval of the application, and will come back to the 117 Council with more details if the application is accepted. 118 119 Councilmember O'Donnell asked when they would know if they were awarded the grant. Sergeant 120 Mortenson stated they have to be submitted by June 15, but he does not know how fast the results will •121 be made public. Councilmember O'Donnell asked if the goal was to have someone in there for the 122 2003-2004 school year. Sergeant Mortenson indicated that was the goal. 123 124 Councilmember O'Donnell moved to approve the application for the COPS in Schools grant. 125 Councilmember Carlson seconded the motion. 126 127 Motion carried unanimously. 128 129 130 131 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 132 133 A. Consideration of Resolution 03-89, Approving Trail Easement Purchase for Birch Park 134 Trail, Rick DeGardner 135 136 City Administrator Waite Smith summarized the staff report, indicating staff is recommending 137 approval of the Resolution. 138 139 Councilmember Carlson moved to adopt Resolution No. 03-89 approving a trail easement purchase 140 for Birch Park Trail. Councilmember Reinert seconded the motion. 141 142 Motion carried unanimously. 143 0144 Resolution No. 03-89 can be found in the City Clerk's office. 3 COUNCIL MINUTES JUNE 9, 2003 APPROVED 145 •146 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 147 148 A. Consideration of Second Reading of Ordinance No. 15-03, Approving Vacation of a 149 portion of Pinto Lane, Jeff Smyser 150 151 Community Development Director Grochala summarized the staff report, indicating this is the second 152 reading of the ordinance and staff recommends approval. 153 154 Councilmember O'Donnell moved to approve the SECOND READING of Ordinance No. 15-03 155 approving vacation of a portion of Pinto Lane right-of-way. Councilmember Dahl seconded the 156 motion. 157 158 Motion carried. Vote: 5 Ayes, 0 Nays. Councilmember O'Donnell voted yea. Councilmember Dahl 159 voted yea. Councilmember Carlson voted yea. Councilmember Reinert voted yea. Mayor Bergeson 160 voted yea. 161 162 Ordinance No. 15-03 can be found in the City Clerk's office. 163 164 Mayor Bergeson noted this will go into effect 30 days from publication. 165 166 B. Consideration of Resolution No. 03-61, Approving Variance for Rebecca Keller, 6206 167 Red Maple Lane, Michael Grochala 168 •169 Community Development Director Grochala presented the staff report, indicating at the last meeting 170 the City Council directed the City Attorney to draft wording that in the future, if 62"d Avenue is 171 widened, there will be no compensation granted if this variance is approved. He added additional 172 information came up with regard to the on-site septic system, which will need to be worked out with 173 staff prior to construction of the septic system. He noted there were three conditions added to the 174 Resolution, which are: 175 1. The applicants, their successors and assigns are hereby notified that should the City of Lino 176 Lakes expand 62"d Avenue by ten feet or less, the City will not pay compensation to the 177 property owners for severance damages due to their encroachment in the setback area. 178 2. Issuance of a building permit shall be subject to review and approval of an Individual Sewage 179 Treatment System in conformance with City Code and Minnesota Rules Chapter 7080. 180 3. Granting of the building setback variance shall not be used as `hardship' for deviating from 181 required sewage treatment setbacks. 182 183 Community Development Director Grochala stated the septic system will impede into the right -of - 184 way. They want to be sure a variance for the septic system is not required in the future. 185 186 Councilmember Carlson asked if she is to understand that staff is assuming somewhere on the site is a 187 suitable location for the septic system. Community Development Director Grochala stated he is not 188 aware if there is, but the septic system and the variance are not linked. He advised the septic system 189 will have to meet various requirements, and if the variance is granted, they will still have to meet 190 those same requirements, which may mean they cannot build out as far as they would like. He added 191 it is possible the well will have to be relocated. He indicated the applicant will have to investigate • 4 COUNCIL MINUTES JUNE 9, 2003 APPROVED 192 further, but for now the Council is being asked if they approve the variance, separate from the need to • 193 accommodate the septic system. 194 195 Councilmember Reinert moved to adopt Resolution No. 03-61 approving a variance from the required 196 40 -foot setback from 62nd Street for a garage expansion and home addition at 6206 Red Maple Lane, 197 to include comments by City Attorney in reference to future action or compensation, and clarifying 198 the approval is only of the variance for the addition, and the septic system will need to be dealt with 199 before moving forward with building permits, and also including the following conditions as 200 recommended by staff: 201 1. The applicants, their successors and assigns are hereby notified that should the City of Lino 202 Lakes expand 62nd Avenue by ten feet or less, the City will not pay compensation to the 203 property owners for severance damages due to their encroachment in the setback area. 204 2. Issuance of a building permit shall be subject to review and approval of an Individual Sewage 205 Treatment System in conformance with City Code and Minnesota Rules Chapter 7080. 206 3. Granting of the building setback variance shall not be used as `hardship' for deviating from 207 required sewage treatment setbacks. 208 209 Councilmember Dahl seconded the motion. 210 211 Motion carried unanimously. 212 213 Resolution No. 03-61 can be found in the City Clerk's office. 214 215 C. Consideration of Resolution No. 03-85, Approving Final Plat of Stoneybrook, Michael •216 Grochala 217 218 Community Development Director Grochala summarized the staff report, noting originally the 219 applicant was allowed a maximum of 52 houses in 2002, with the remaining number in 2003. He 220 advised the applicant held off in 2002, coming in for the entire final plat now. He indicated there 221 were several development agreements, and this required a conservation agreement and future roadway 222 easements, all of which the City Attorney has reviewed. He indicated staff recommends approval. 223 224 225 Councilmember O'Donnell moved to adopt Resolution No. 03-85 approving final plat for 226 Stoneybrook. Councilmember Carlson seconded the motion. 227 228 Motion carried unanimously. 229 230 Resolution No. 03-85 can be found in the City Clerk's office. 231 232 D. Consideration of Resolution No. 03-80 Approving Site Performance Agreement, Russian 233 Baptist Church, Michael Grochala 234 235 Community Development Director Grochala summarized the staff report, indicating staff 236 recommends approval of the site performance agreement. 237 • 5 COUNCIL MINUTES JUNE 9, 2003 APPROVED 238 Councilmember Carlson moved to adopt Resolution No. 03-80 approving the Site Performance •239 Agreement for Russian Baptist Church. Seconded by Councilmember Reinert. Motion carried 240 unanimously. 241 242 Resolution No. 03-80 can be found in the City Clerk's office. 243 244 E. Consideration of Resolution No. 03-84, Call for Public Hearing, revision of Business 245 Subsidy Criteria, Mary Divine 246 247 Economic Development Assistant Mary Divine summarized the staff report, indicating staff 248 recommends approval. 249 250 Councilmember Carlson indicated the public hearing will be held at the next City Council meeting, 251 and asked if the item would go to the EDA prior to that hearing. Economic Development Assistant 252 Divine stated the EDA meeting would be held before the City Council meeting. Councilmember 253 Carlson stated the Resolution does not mention the EDA hearing. Economic Development Assistant 254 Divine stated the City Council and EDA are two separate entities, and the EDA does not have the 255 same laws concerning public hearings that the City Council has to follow. 256 257 Councilmember Reinert moved to adopt Resolution No. 03-84 calling for a public hearing to revise 258 City Council Business Subsidy criteria. Councilmember Dahl seconded the motion. 259 260 Motion carried unanimously. 261 •262 Resolution No. 03-84 can be found in the City Clerk's office. 263 264 Mayor Bergeson noted the hearing would be held June 23, 2003 at 6:30 p.m. 265 266 F. Consideration of Resolution No. 03-81, Approving Plans and Specifications, Authorizing 267 Advertisement for Bids, Twilight Acres Water Main Extension, Jim Studenski 268 269 City Engineer Studenski summarized the staff report. He noted the residents of the area have been 270 wondering when water will be available, and commented several are going to City sewer at the same 271 time. He advised staff is recommending approval of this resolution. 272 273 Councilmember Carlson moved to adopt Resolution No. 03-81 accepting the plans and specifications 274 and authorizing advertisement for bids, Twilight Acres Watermain Improvement project. 275 Councilmember Reinert seconded the motion. 276 277 Motion carried unanimously. 278 279 Resolution No. 03-81 can be found in the City Clerk's office. 280 281 G. Consideration of Resolution No. 03-82, Accepting Quotes and Awarding Project, Ditch 282 and Pond Cleaning Restoration Project, Jim Studenski 283 284 City Engineer Studenski summarized the staff report, indicating staff is recommending approval of •285 the resolution. 6 COUNCIL MINUTES JUNE 9, 2003 APPROVED 286 • 287 Councilmember O'Donnell asked if there were any thoughts on why they only received one bid. City 288 Engineer Studenski stated that as the first request for bids came out, he received calls saying they 289 could not compete against Arnt. He noted Arnt has done quality work for the City in the past. 290 291 Councilmember Reinert moved to adopt Resolution No. 03-82 accepting quotes and awarding a 292 contract for a ditch/pond cleaning restoration project. Councilmember O'Donnell seconded the 293 motion. 294 295 Motion carried unanimously. 296 297 Resolution No. 03-82 can be found in the City Clerk's office. 298 299 H. Consideration of Resolution No. 03-83, Authorizing Preparation of Plans and 300 Specifications, 2003 Surface Water Management Project, Jim Studenski 301 302 City Engineer Studenski summarized the staff report, indicating staff is recommending approval of 303 the resolution. 304 305 Councilmember Carlson moved to adopt Resolution No. 03-83, authorizing preparation of plans and 306 specifications, 2003 Surface Water Management Project. Councilmember Dahl seconded the motion. 307 308 Motion carried unanimously. 309 0310 Resolution No. 03-83 can be found in the City Clerk's office. 311 312 I. Elm Street Improvement Project, Jim Studenski 313 314 This item was removed from the agenda by staff. 315 316 J. Consideration of Resolution No. 03-90, Accepting a Perpetual Easement for 317 Conservation, Holte Pond Wetland Bank, Jim Studenski 318 319 City Engineer Studenski summarized the staff report, indicating this does not really have to do with 320 the Holte Pond site, it is paperwork needed to take credits on other sites. He indicated it is staff's 321 recommendation to accept the Perpetual Conservation Easement for Wetland Bank which will allow 322 the City to use the wetland credits. 323 324 Councilmember Carlson asked City Engineer Studenski to explain how the credits work. She stated 325 they have 4.2 acres by Clearwater Creek, and the City wants to work on Holte Pond. She asked if this 326 would have any affect on Clearwater Creek, and for an explanation of the wetland bank. 327 328 City Engineer Studenski indicated when they did Clearwater Creek they were able to create some 329 wetlands. He stated in that way when they have areas like Holte Pond where they want to fill a 330 wetland area, they are able to go to the bank and use credits to fill this land. 331 • 7 COUNCIL MINUTES JUNE 9, 2003 APPROVED 332 Councilmember Carlson indicated there have been drainage issues at Clearwater Creek, and asked if 0333 this would affect those homeowners. Community Development Director Grochala stated this is not a 334 physical change; it is only a paperwork change. 335 336 Councilmember Carlson asked if this was the last issue before they could move ahead with Holte 337 Pond. City Engineer Studenski indicated he has talked to the City Attorney, and he believes this is 338 the last issue. He noted the Holte Pond project has turned up issues with other areas that have had to 339 be cleaned up. 340 341 Councilmember O'Donnell moved to adopt Resolution No. 03-90 accepting a perpetual easement for 342 Conservation, Holte Pond Wetland Bank. Councilmember Carlson seconded the motion. 343 344 Motion carried unanimously. 345 346 Resolution No. 03-90 can be found in the City Clerk's office. 347 348 UNFINISHED BUSINESS 349 350 A. Approval of the May 7, 2003 Council Work Session Minutes 351 B. Approval of the May 12, 2003 City Council Meeting Minutes 352 353 NEW BUSINESS 354 355 A. Approval of the May 21, 2003 Council Work Session Minutes .356 B. Approval of the May 27, 2003 City Council Closed Meeting Minutes 357 358 Councilmember Dahl moved to approve items 8A, 8B, 9A and 9B under Unfinished and New 359 Business. Councilmember O'Donnell seconded the motion. 360 361 Motion carried unanimously. 362 363 COMMUNITY CALENDAR April 29, 2003 THROUGH May 12, 2003: 364 365 A) Wednesday, June 11, 2003, 6:30 p.m., Planning & Zoning Board Meeting 366 B) Wednesday, June 18, 2003, 5:30 p.m., Council Work Session 367 C) Monday, June 23, 2003, 6:30 p.m., City Council Meeting 368 D) Monday, June 23, 2003, 6:00 p.m., EDA Meeting 369 ADJOURN 370 371 There being no further business, Councilmember O'Donnell moved to adjourn at 8:37 p.m. 372 Councilmember Carlson seconded the motion. 373 374 Motion carried unanimously. .75 8 COUNCIL MINUTES JUNE 9, 2003 APPROVED 376 These minutes were considered and approved at the regular Council Meeting, June 23, 2003. 77 378 379 380 �r 381 Ann Blair, ity Clerk John : rgeso 382 383 Transcribed by: 384 Karen Whaley 385 TimeSaver Off Site Secretarial, Inc. 386 • •