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.
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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
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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
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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
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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.
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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
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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%,
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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
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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
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73 TimeSaver Off Site Secretarial, Inc.
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