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HomeMy WebLinkAbout10/27/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : October 27, 2003 6 TIME STARTED : 6:33 P.M. 7 TIME ENDED : 7:53 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Director of Administration, Dan Tesch; Community Development Director, 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; Chief of Police, Dave 14 Pecchia; City Clerk, Aim Blair; and City Attorney, Bill Hawkins. 15 16 SETTING THE AGENDA 17 18 The agenda was approved as presented. 19 20 Mayor Bergeson noted there were several students in attendance at the meeting for Ms. Johnson's 21 American Government class. 22 23 CONSENT AGENDA 24 •25 Councilmember Reinert moved to approve the Consent Agenda, as submitted. Councilmember 26 Carlson seconded the motion. 27 28 Motion carried unanimously. 29 30 ITEM ACTION 31 32 A. CONSIDERATION OF EXPENDITURES: 33 34 i) October 27, 2003 (Check No. 69385 - 35 69552, $620,885.32) Approved 36 37 ii) Centennial Fire District (Check No. 13906 - 38 13930, $7,208.44) Approved 39 40 B. CONSIDERATION OF RESOLUTION NO. 03-182 41 AMENDING THE CITY OF LINO LAKES FLEXIBLE 42 SPENDING ACCOUNT PLAN Approved 43 44 OPEN MIKE 45 46 There was none. 47 •48 FINANCE DEPARTMENT REPORT, AL ROLEK COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 49 •50 A. Consider Resolution No. 03-190 Transferring funds from Tax Increment Financing 51 District 1-4 to Tax Increment Financing District 1-6 52 53 Finance Director Al Rolek summarized the staff report, indicating the transfer amount would be 54 $14,527.00 55 56 Councilmember Reinert moved to adopt Resolution No. 03-190, transferring funds from Tax 57 Increment Financing District 1-4 to Tax Increment Financing District 1-6. Councilmember 58 O'Donnell seconded the motion. 59 60 Motion carried unanimously 61 62 Resolution No. 03-190 can be found in the City Clerk's office. 63 64 B. Consider Resolution No. 03-191 Decertifying Tax Increment Financing District 1-6 65 66 Finance Director Al Rolek summarized the staff report, indicating the resolution terminates the 67 district as of November 15, 2003. 68 69 Councilmember O'Donnell moved to adopt Resolution No. 03-191 Decertifying Tax Increment 70 Financing District 1-6. Councilmember Dahl seconded the motion. 71 Motion carried unanimously. •72 73 74 Resolution No. 03-191 can be found in the City Clerk's office. 75 76 C. Consider Resolution No. 03-192 Decertifying Tax Increment Financing District 1-7 77 78 Finance Director Al Rolek summarized the staff report, indicating the resolution terminates the 79 district as of November 15, 2003. 80 81 Councilmember Carlson moved to adopt Resolution No. 03-192 Decertifying Tax Increment 82 Financing District 1-7. Councilmember Reinert seconded the motion. 83 84 Motion carried unanimously. 85 86 Resolution No. 03-192 can be found in the City Clerk's office. 87 88 D. Consider Resolution No. 03-193 Decertifying Tax Increment Financing District 3-1 89 90 Finance Direct Al Rolek summarized the staff report, indicating the resolution terminates the district 91 as of November 15, 2003. 92 93 Councilmember Dahl moved to adopt Resolution No. 03-193 Decertifying Tax Increment Financing 94 District 3-1. Councilmember Carlson seconded the motion. .95 96 Motion carried unanimously. 2 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 97 98 Resolution No. 03-193 can be found in the City Clerk's office. 99 100 E. Consider Resolution No. 03-194 Authorizing the Sale of $2,120,000 General Obligation 101 Improvement Refunding Bonds Series 2003A 102 103 F. Consider Resolution No. 03-195 Authorizing the Negotiated Sale of $250,000 Taxable 104 General Obligation Improvement Bonds Series 2003B 105 106 Finance Director Rolek stated Items 3E and 3F are related and should be discussed together. He 107 summarized the issues, and indicated Terri Heaton from Springsted Incorporated would review the 108 recommendation. 109 110 Mr. Heaton advised that there are three separate transactions being folded into two bond issues. He 111 explained the first is $2,120,000 in G.O. Improvement and Refunding Bonds, for three projects the 112 City has approved, and refinancing $1.2 million with new bonds. He indicated the purpose of 113 refinancing will be to save interest, and they anticipate this will save the City $44,000 in present day 114 savings. He noted this will come back for final approval before they accept bids on November 24, 115 2003. 116 117 Mr. Heaton further advised the City Council has also approved the 21' Avenue Street and Storm 118 Sewer project with Centerville. He indicated that due to the size of the issue, they are recommending 119 selling the bonds in a negotiated sale to a local bank rather than a competitive bid. He indicated the W20 cost benefit analysis has determined they can do it faster and simpler with a private bank. He stated 21 the negotiation will take place no later than December 1, 2003. Therefore, Springsted, Inc.'s 122 recommendation is for the issuance of $250,000 Taxable G.O. Improvement and Refunding Bonds 123 Series 2003B. 124 125 Councilmember Carlson asked if they need to pass the 21St Avenue Storm and Sewer project first, or 126 if it is okay to pass the bond authorization first. Mr. Heaton stated they could pass the bond 127 authorization contingent on the project passing. 128 129 Councilmember O'Donnell moved to adopt Resolution No. 03-194 Providing for the issuance and 130 sale of $2,120,000 G.O. Improvement and Refunding Bonds, Series 2003A. Councilmember Dahl 131 seconded the motion. 132 133 Motion carried unanimously. 134 135 Resolution No. 03-194 can be found in the City Clerk's office. 136 137 Councilmember Carlson moved to adopt Resolution No. 03-195 Providing for the issuance and 138 negotiated sale of $250,000 taxable G.O. Improvement Bonds, Series 2003A. Councilmember 139 O'Donnell seconded the motion. 140 141 Motion carried unanimously. 142 W143 Resolution No. 03-195 can be found in the City Clerk's office. 44 3 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 145 G. Consider Resolution No. 03-196 Authorizing Certification of 2003 Delinquent Utility 046 Charges 147 148 Finance Director Rolek summarized the Staff report, indicating affected property owners received 149 mailed notice of this proceeding. 150 151 Councilmember Reinert moved to adopt Resolution No. 03-196 authorizing the certification of 152 delinquent water and sewer utility charges for collection with the 2003 property taxes payable in 153 2004. Councilmember Dahl seconded the motion. 154 155 Motion carried unanimously. 156 157 Resolution No. 03-196 can be found in the City Clerk's office. 158 159 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 160 161 A. Consider Resolution No. 03-198, Approving Transfer of Off -Sale Liquor License and 162 Issuance of New Tobacco License, J & K Liquors; Ann Blair 163 164 City Clerk Ann Blair summarized the Staff report, noting the Council had an amended Resolution in 165 front of them which included a tobacco license for the new owner at the same location. She indicated 166 all fees have been paid and background checks have been completed, for both the liquor license 167 transfer and the tobacco license and Staff recommends approval of the requests. .68 69 Mayor Bergeson asked if the two requests can be handled in one motion. City Clerk Blair stated they 170 are on one resolution, as the applicant would not want the tobacco license if the liquor license transfer 171 were not approved. 172 173 Councilmember Reinert moved to adopt Resolution No. 03-198 approving transfer of an existing Off - 174 Sale Liquor License from Brian Thorson to Maynua Her and issuance of a new Tobacco License both 175 for J & K Liquors, 6013 Hodgson Road. Councilmember Carlson seconded the motion. 176 177 Motion carried unanimously. 178 179 Resolution No. 03-198 can be found in the City Clerk's office. 180 181 B. Consider Resolution No. 03-197, Approving Application for Tobacco License, Spirit 182 Hills area, Lino Lakes Quik Stop; Ann Blair 183 184 City Clerk Blair summarized the Staff report, indicating Staff recommends approval of the request. 185 186 Councilmember Dahl moved to adopt Resolution No. 03-197 approving a Tobacco License for Lino 187 Lakes Quik Stop. Councilmember O'Donnell seconded the motion. 188 189 Motion carried unanimously. 190 . 91 Resolution No. 03-197 can be found in the City Clerk's office. 92 4 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 193 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 094 195 There was no report. 196 197 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 198 199 A. Consideration of Resolution No. 03-183, Accepting Donations for Family Turkey Shoot; 200 Rick DeGardner 201 202 Administration Director Tesch summarized the Staff report, noting the total donations from the three 203 organizations is $650.00. 204 205 Councilmember Dahl moved to adopt Resolution No. 03-183 accepting donations from the Lino 206 Lakes State Bank, the Circle -Lex Lions and the Forest Lake Area Athletic Association for their 207 support of the Lino Lakes Parks and Recreation Department's Annual Family Turkey Shoot. 208 Councilmember Carlson seconded the motion. 209 210 Motion carried unanimously. 211 212 Resolution No. 03-183 can be found in the City Clerk's office. 213 214 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 215 1.716 A. Consideration of Resolution No. 03-184, Approving Preliminary Plat and Variances for 17 Lakeview Estates; Jeff Smyser 218 219 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. 220 221 Councilmember Carlson asked if there was only one resolution for both actions. City Planner Smyser 222 stated that was correct. 223 224 Councilmember Reinert asked if this was a unique situation for that street, so the City will not see a 225 domino effect where more property owners come forward. City Planner Smyser stated it is possible 226 others will want to subdivide in this manner. He stated one thing Staff looked at when this was first 227 proposed was the possibility of a street going along the back of the properties to allow all the 228 properties to split. He indicated that is not possible because there have been a number of splits over 229 the years already, and the road would have to go through some of the existing houses. He stated it is 230 still possible the lots at the end of the blocks may want to split, and with sewer available getting any 231 of the homes off private systems is a good idea. He indicated he would estimate there are five to 232 seven homes down the block that could split, most into only two lots, and only those fronting Elm 233 Street. 234 235 Councilmember Reinert stated this is an individual development of .77 acres, but when noting the 236 units per acre, Staff has taken the entire neighborhood, which they do not do for other developments. 237 He asked if this was not really a medium -density development. City Planner Smyser stated they 238 struggled with this. He explained that typically when you have farm land develop you include right - 739 of -way. He stated this is a unique situation in that it is a very small split, and he agreed that if you W40 only take the property boundaries it would be medium -density. He advised what Staff tried to get 5 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 241 was a comparable way of looking at it instead of just looking at this small piece. He stated they could 042 also include parts of the right-of-way. He indicated if the City Council wants to look at this lot only 243 and say it can only be two lots, they can do that. He stated the Planning and Zoning Commission was 244 comfortable with this, and it is a unique situation. 245 246 Councilmember Reinert asked if they have received any feedback from neighbors. City Planner 247 Smyser stated the neighbors were notified up to 600 feet, however no one showed up for the public 248 hearing. 249 250 Councilmember O'Donnell moved to adopt Resolution No. 03-184 approving a Preliminary Plat for 251 Lakeview Estates, including lot -depth variances. Councilmember Reinert seconded the motion. 252 253 Councilmember Carlson stated she did not make the motion or second it because she will vote no. 254 She indicated she believes they will be setting a precedent, and it will make a difference. She 255 indicated the Planning Commission did approve this, but they also voted 5-0 on another project that 256 has to be looked at the same. She indicated what they are doing is four units per acre instead of the 257 allowed three. She also does not think they should take the neighboring area whether they are 258 looking at four acres or forty acres. She indicated if they do, they are saying that since others built at 259 low density, this person can boost it up and build at medium density. 260 261 Councilmember Reinert stated one reason he seconded the motion was a comment by City Planner 262 Smyser, which was that when they look at other developments they include the right-of-way. He 263 indicated if you take half of the street, you add 33 feet on one side and 36 feet on the other, which S64 boosts the property to more than one acre and drops the units per acre below three. 65 266 Councilmember Carlson stated that was another concern she had, because when they discussed the 267 zoning ordinance and talked about properties being grandfathered, they discussed eleven -acre parcels 268 and the need to subtract right-of-way from those parcels. Community Development Director 269 Grochala advised that on rural lots of one acre or greater they separate the right-of-way off. 270 Councilmember Carlson indicated her argument on the zoning ordinance was that someone who 271 bought exactly eleven acres for that purpose should be able to subdivide. Community Development 272 Director Grochala stated he believes the difference is that these lots are of acceptable size and 273 consistent with this zoning. He stated the difference is they are talking about lot size in the eleven 274 acre situation and development density in this situation, and the two issues should not be looked at 275 the same way. 276 277 Councilmember Dahl stated under conditions of approval it says if a shared driveway option is not 278 utilized, a new driveway must be built for Lot 1 that meets the setback requirements. She asked if 279 they are unable to do that, would they have to come back for another variance. City Planner Smyser 280 stated they would have to do that. He indicated in order for the plat to go through, it is the only 281 option. 282 283 Mayor Bergeson asked if the action does not pass, where it would leave the homeowner. He 284 wondered if he could come back with a two -lot subdivision, or if he would not be able to come back 285 for a year. City Planner Smyser stated he could come back with a different plat which would be a 286 separate application with two lots. S87 88 Motion carried 4:1. Councilmember Carlson opposed. 6 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 289 .90 Resolution No. 03-184 can be found in the City Clerk's office. 291 292 B. 21st Avenue Street and Storm Sewer Improvements, Jim Studenski 293 294 i. Consideration of Resolution No. 03-174, Adopting Proposed Assessments 295 296 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 297 298 Councilmember Dahl moved to adopt Resolution No. 03-174 adopting proposed assessment roll for 299 the 21' Avenue Street and Storm Sewer Improvement project. Councilmember Reinert seconded the 300 motion. 301 302 Mayor Bergeson asked if they received the letters. City Engineer Studenski stated they received two 303 letters and all the proper documentation. 304 305 Motion carried unanimously. 306 307 Resolution No. 03-174 can be found in the City Clerk's office. 308 309 ii. Consideration of Resolution No. 03-180, Accepting Bids and Awarding 310 Construction Contract 311 Aii12 City Engineer Studenski summarized the Staff report, indicating Staff recommends awarding the bid W13 to Arnt Construction Company, Inc. in the amount of $228,821.90. 314 315 Councilmember O'Donnell moved to adopt Resolution No. 03-180, accepting bids and awarding a 316 construction contract for the 21' Avenue Street and Storm Sewer Improvement project. 317 Councilmember Reinert seconded the motion. 318 319 Motion carried unanimously. 320 321 Resolution No. 03-180 can be found in the City Clerk's office. 322 323 C. Consideration of Resolution No. 03-185, Approving Development Contract, Ravens 324 Hollow; Jim Studenski 325 326 City Engineer Studenski summarized the Staff report, indicating the agreement provides for the 327 standard Letter of Credit representing 150% of the development improvement costs and 35% of the 328 City improvement costs, as well as a cash escrow to reimburse the City for costs incurred by the City 329 related to the development. He stated the City Council received an amended contract, and the 330 adjustment is on page 8, regarding approval of final plat. 331 332 Councilmember Carlson moved to adopt Resolution No. 03-185 approving the development 333 agreement for Ravens Hollow. Councilmember Dahl seconded the motion. 334 35 Motion carried unanimously. 1,36 7 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 337 Resolution No. 03-185 can be found in the City Clerk's office. .38 339 D. Consideration of Resolution No. 03-186, Approving Development Contract (Site Grading 340 Only), Hailey Manor; Jim Studenski 341 342 City Engineer Studenski summarized the Staff report, indicating the agreement provides for the 343 standard Letter of Credit representing 150% of the development improvement costs, as well as a cash 344 escrow to reimburse the City for costs incurred by the City related to the development. 345 346 Councilmember Dahl moved to adopt Resolution No. 03-186 approving the development agreement 347 for grading, Hailey Manor. Councilmember Carlson seconded the motion. 348 349 Motion carried unanimously. 350 351 Resolution No. 03-186 can be found in the City Clerk's office. 352 353 E. Public Hearing, Consideration of Adopting Assessments for Improvement Project; Jim 354 Studenski 355 356 City Engineer Studenski summarized the Staff report, indicating the Council needs to open each 357 public hearing separately, and then take action on each of the three projects. 358 359 Mayor Bergeson noted before they started the public hearings that there were several additional 1.60 students from Ms. Johnson's class in attendance that were not recognized earlier. He asked them each 61 to come forward and state their name. 362 363 i. Resolution No. 03-187, West Shadow Ponds 364 365 Mayor Bergeson opened the public hearing at 7:40 p.m. 366 367 Councilmember Dahl moved to close the public hearing at 7:41 p.m. Councilmember O'Donnell 368 seconded the motion. Motion carried unanimously. 369 370 ii. Resolution No. 03-188, Twilight Acres/Twilight Acres 2nd Addition Sanitary 371 Sewer Improvements 372 373 Mayor Bergeson opened the public hearing at 7:41 p.m. 374 375 Dick Paulson, 789 Vicky Lane stated he is curious how the City is paying 3.1% on the bonds, but 376 charging the homeowners 7%. Finance Director Rolek stated it is customary to charge more than the 377 rate of the bonds, since there is sometimes a lag or delinquencies that the City has to cover. He 378 indicated they usually raise the rate one to two percent, however in this case there was a one year lag 379 between when the bonds were issued and when the homeowners were assessed, so they need the extra 380 percentage to cover those costs. 381 382 Mr. Paulson stated they are being assessed 3.87% more than the bonds. He would like to have the 1.83 City reconsider how much they will charge on the assessment, and keep it more in line with the City's 84 costs. Mayor Bergeson stated he knows there are bond issuing costs that are not included in the 3.1%, 8 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 385 so the actual costs are more than that, but he will ask staff to address. Finance Director Rolek 086 indicated the bonds were sold last year for this project, and are not the bonds they were discussing 387 tonight. He stated they did have a full year between the bonds being sold and assessing the costs, so 388 additional money was needed. Mayor Bergeson asked Staff to find out the bond rate. 389 390 Councilmember Reinert asked what the residual effect might be. He wondered if there was additional 391 money, where it would go. Finance Director Rolek indicated it goes for additional projects. 392 393 Councilmember O'Donnell moved to close the public hearing at 7:45 p.m. Councilmember Carlson 394 seconded the motion. Motion carried unanimously. 395 396 iii. Resolution No. 03-189, Individual Properties which Requested Connection to City 397 Utilities 398 399 Mayor Bergeson opened the public hearing at 7:45 p.m. 400 401 Councilmember Reinert moved to close the public hearing at 7:45 p.m. Councilmember Dahl 402 seconded the motion. Motion carried unanimously. 403 404 City Engineer Studenski advised the Council to take the resolutions individually. 405 406 Councilmember O'Donnell moved to adopt Resolution No. 03-187 adopting assessment for the West 407 Shadow Ponds Improvement Project. Councilmember Carlson seconded the motion. .08 09 Motion carried unanimously. 410 411 Resolution No. 03-187 can be found in the City Clerk's office. 412 413 Councilmember Dahl moved to adopt Resolution No. 03-188 adopting assessment for the Twilight 414 Acres/Twilight Acres 2' Addition Sanitary Sewer Improvements Project. Councilmember O'Donnell 415 seconded the motion. 416 417 Motion carried unanimously. 418 419 Resolution No. 03-188 can be found in the City Clerk's office. 420 421 Finance Director Rolek indicated the interest rate on the bonds for the Twilight Acres project were 422 3.54%, with capitalized interest in the amount of $33,000 that they have had to finance over the past 423 year. 424 425 Councilmember Reinert moved to adopt Resolution No. 03-189 adopting assessment for the 426 improvement of individual properties which requested connection to City utilities. Councilmember 427 Dahl seconded the motion. 428 429 Motion carried unanimously. 430 . 31 Resolution No. 03-189 can be found in the City Clerk's office. 32 9 COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 433 UNFINISHED BUSINESS .34 435 There was none. 436 437 NEW BUSINESS 438 439 A. Approval of the October 8, 2003 Council Work Session Minutes 440 441 Councilmember Dahl moved to approve the minutes shown above. Councilmember O'Donnell 442 seconded the motion. 443 444 Motion carried unanimously. 445 446 COMMUNITY CALENDAR October 28, 2003 THROUGH November 10, 2003: 447 448 A) Wednesday, October 29, 2003, 6:30 p.m., Environmental Board Meeting 449 B) Monday, November 3, 2003, 6:30 p.m., Park Board Meeting 450 C) Tuesday, November 4, 2003, Beginning at 7:00 a.m., Election Day 451 D) Wednesday, November 5, 2003, 5:30 pm., Council Work Session 052 E) Monday, November 10, 2003, 6:15 p.m., Canvass Board Meets 453 F) Monday, November 10, 2003, 6:30 p.m., City Council Meeting 454 Mayor Bergeson noted there are City Council seats on the ballot on November 4th, as well as a school 455 referendum and City Street referendum. 456 457 ADJOURN 458 459 There being no further business, Councilmember Dahl moved to adjourn at 7:53 p.m. Councilmember 460 Reinert seconded the motion. 461 462 Motion carried unanimously. 463 464 These minutes were considered and approved at the regular Council Meeting, November 10, 2003. 465 466 467 468 469 Ann B1ail`,)City Clerk Jo .erge n, M:yor 470 471 Transcribed by: 472 Karen Whaley . 73 TimeSaver Off Site Secretarial, Inc. 74 10