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
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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
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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.
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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
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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
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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.
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COUNCIL MINUTES JUNE 9, 2003
APPROVED
286
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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
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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.
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COUNCIL MINUTES JUNE 9, 2003
APPROVED
376 These minutes were considered and approved at the regular Council Meeting, June 23, 2003.
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378
379
380 �r
381 Ann Blair, ity Clerk John : rgeso
382
383 Transcribed by:
384 Karen Whaley
385 TimeSaver Off Site Secretarial, Inc.
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