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HomeMy WebLinkAbout06/28/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : June 28, 2004 6 TIME STARTED : 6:40 P.M. 7 TIME ENDED : 8:37 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz and 9 Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Gordon Heitke; City Clerk, Ann Blair; Community 13 Development Director, Michael Grochala; Finance Director, Al Rolek; Economic Development 14 Assistant Mary Alice Divine and City Attorney, Bill Hawkins. 15 16 RECOGNITION OF JAMIE SCRAPS, OUTGOING PLANNING AND ZONING BOARD 17 CHAIRMAN 18 19 Mayor Bergeson thanked Jamie Schaps for his thirteen years of service on the Planning and Zoning 20 Board, and presented him with a plaque. 21 22 Mr. Schaps thanked the City Council and Staff for the opportunity to serve, noting it had been an 23 honor to be of service to the city. He commented on the tremendous changes that have occurred 24 during his time as chairman, and expressed his gratitude for having been able to serve with great City 25 Councils and Staff. 26 27 OPEN MIKE 28 29 There was none. 30 31 SETTING THE AGENDA 32 33 The agenda was approved as presented. 34 35 CONSENT AGENDA 36 37 Councilmember Stoltz moved to approve the Consent Agenda as submitted. Councilmember Dahl 38 seconded the motion. 39 40 Motion carried unanimously. 41 42 ITEM ACTION 43 44 A. CONSIDERATION OF EXPENDITURES: 45 46 i) June 28, 2004 (Check No. 71235 - 47 71375, $373,541.28). Approved • 48 COUNCIL MINUTES JUNE 28, 2004 APPROVED 49 ii) Centennial Fire District (Check No. 14317 - 50 14336, $20,435.34). Approved 51 52 B. CONSIDERATION OF APPLICATION 53 FOR BLOCK PARTY, PALOMINO LANE, 54 BEHM'S FARM ADDITION Approved 55 56 C. CONSIDERATION OF NOT WAIVING 57 MONETARY LIMITS ON TORT LIABILITY PER 58 MINN. STATUTE 466.04, AL ROLEK Approved 59 60 D. CONSIDERATION OF RESOLUTION NO. 04-90, 61 RENEWAL OF ANNUAL FIREWORKS PERMIT 62 FOR SUPERTARGET STORE, ANN BLAIR Approved 63 64 E. CONSIDERATION OF RESOLUTION NO. 04-93, 65 APPROVING SUMMARY PUBLICATION 66 METHOD AND SUMMARY LANGUAGE FOR 67 PUBLICATION OF LENGTHY ORDINANCE 68 (ORDINANCE NO. 04-04 — REZONING OF LEGACY 69 AT WOOD'S EDGE PROPERTY TO PLANNED 70 UNIT DEVELOPMENT), MICHAEL GROCHALA Approved 71 72 Resolution Nos. 04-90 and 04-93 can be found in the City Clerk's office. 73 74 FINANCE DEPARTMENT REPORT, AL ROLEK 75 76 A. 2003 Audit Report, Al Rolek 77 78 Finance Director Rolek summarized his Staff report, and introduced Mr. Darwin Viker of Larson, 79 Allen, Weishair & Company. 80 81 Mr. Viker noted he had reviewed the Audit Report with the Council in length at the work session and 82 would provide only a brief summary now. He advised that the report incorporates changes in the 83 accounting standards to GASB State 34, so it is somewhat different from other years. He added there 84 was also a change to the auditing standards this year, not specific to government, which posed an 85 additional change. 86 87 Mr. Viker advised the General Fund is at 75% of one year's expenditures, which is adequate but not 88 excessive. He noted there are some capital projects with deficits that go back a number of years, 89 which should be cleaned up. He stated the compliance reviews came back very well. 90 91 Councilmember Carlson noted the fund balances which are contributing to the 75%, and asked where 92 they might best be used. She also asked if it is true the balance keeps growing. Mr. Viker advised the 93 balances do not carry over from year to year, and indicated the General Fund fluctuates from year to 94 year, ranging from 49% to 75%, which is a typical trend in a growing city. 95 2 COUNCIL MINUTES JUNE 28, 2004 APPROVED 96 Councilmember Carlson questioned if there was a conflict between the statement on page four of the • 97 report and the City Charter that indicates the City Council shall have decision-making authority over 98 all finances. Mr. Viker advised that the statement on page four addresses at what point, either over or 99 under, the department budget has to come back to the City Council for approval. He indicated there 100 could be fluctuation in line items within the department's budget. 101 102 Councilmember Dahl commented that a month or so ago they discussed three additional locations that 103 need street lights, and Staff was looking into additional funding. She indicated with Public Works 104 having an excess balance of $29,000, maybe they can get those lights installed. 105 106 Mayor Bergeson indicated usually each year's budget stands on its own, and funds are not transferred 107 from one year to the next. Mr. Viker agreed. 108 109 Councilmember Stoltz praised the Finance Director and his team for getting reporting awards in 2003, 110 and for receiving a clean, unqualified audit opinion, which is the best you can get. He indicated in 111 these times coming in under budget is a great achievement. He asked for an explanation on the deficit 112 balances on the capital accounts Mr. Viker mentioned. 113 114 Finance Director Rolek advised Staff will be addressing those this year. He explained there are a 115 number of issues revolving around those projects and Staff wants to make sure everything is included 116 and there is nothing in there that should not be there. City Administrator Heitke added that these 117 deficit funds were created before any of the current staff was here, and it takes a lot of staff time to 118 reconstruct the records and clear the accounts, however they would be trying to complete that this 119 year. .120 121 Councilmember Reinert moved to accept the 2003 Audit Report. Councilmember Dahl seconded the 122 motion. 123 124 Councilmember Carlson verified details on the capital fund accounts were readily available if needed. 125 Mr. Viker confirmed they were. 126 127 Motion carried unanimously. 128 129 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 130 131 A. Annual Liquor and Tobacco License Renewals, Ann Blair 132 133 City Clerk Blair summarized the Staff report, indicating Staff recommends approval. 134 135 Mayor Bergeson asked for an update on the 49 Club. City Clerk Blair indicated they are not on the 136 list for renewal. She advised the club was purchased last year, and the building is being demolished 137 and reconstructed. She indicated they could look for a request for a license for the new establishment 138 several months down the road. 139 140 Councilmember Reinert moved to approve the 2004 Liquor and Tobacco License Renewal 141 Applications as presented in the Staff report. Councilmember Dahl seconded the motion. 142 •143 Motion carried unanimously. 3 COUNCIL MINUTES JUNE 28, 2004 APPROVED 144 •145 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 146 147 There was none. 148 149 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 150 151 There was none. 152 153 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 154 155 A. Consideration of FIRST READING of Ordinance No. 03-04, Vacating Drainage and 156 Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, 157 Jim Studenski 158 159 Councilmember Stoltz moved to continue the public hearing for the FIRST READING of Ordinance 160 No. 03-04 to the July 12, 2004 City Council Meeting. Councilmember Carlson seconded the motion. 161 162 Motion carried unanimously. 163 164 B. Consideration of FIRST READING of Ordinance No. 08-04, Vacating Drainage and 165 Utility Easement, Outlot A, Highland Meadows East, Jeff City Planner Smyser 166 167 Councilmember Dahl moved to continue the public hearing for the FIRST READING of Ordinance W168 No. 08-04 to the July 12, 2004 City Council Meeting. Councilmember Carlson seconded the motion. 169 170 Motion carried unanimously. 171 172 C. Consideration of Resolution No. 04-78, Supporting Application for Metropolitan 173 Council Livable Communities Grant, Legacy at Woods Edge, Mary Divine 174 175 Economic Development Assistant Divine presented the Staff report, indicating Staff recommends 176 approval of the resolution. 177 178 Councilmember Carlson asked if improvements to the I -35W Bridge would be temporary or 179 permanent, and if any other funding sources are available. Community Development Director 180 Grochala advised they have looked at both possibilities, with the idea that any improvements made 181 now would not be re -done if Mn/Dot were to come in and upgrade to an interchange. On funding, he 182 advised if there is going to be an interchange both Mn/Dot and the County would be involved, 183 however interim changes would likely be considered development driven with little outside 184 involvement. 185 186 Councilmember Carlson asked about senior housing or assisted living housing, and asked questions 187 on affordability. Economic Development Assistant Divine explained their market studies show there 188 is potential, and Staff has asked for rent that would be affordable at 80% of the median income. 189 Aft190 Staff explained how the figures were determined, and advised this action is only applying for a grant, 191 and is not authorizing any expenditures by the City or any guarantee of TIF funds. Economic 4 COUNCIL MINUTES JUNE 28, 2004 APPROVED 192 Development Assistant Divine stated any request for assistance will have to come back to the City •193 Council for separate approval. 194 195 Councilmember Stoltz moved to adopt Resolution No. 04-91 authorizing application for a 196 Development Grant through the Livable Communities Demonstration Program. Councilmember 197 Reinert seconded the motion. 198 199 Councilmember Carlson noted she would vote yes but wanted to make it clear she has concerns with 200 the amount of money even if they receive the grant, and will be looking closely at other funding. 201 202 Mayor Bergeson noted whatever portion ends up being TIF includes taxes not paid to the County and 203 School Board also, not just the City, which he feels is appropriate for the County to contribute. 204 205 Vote: 4 Ayes, 1 Nay. Councilmember Dahl opposed. Motion carried. 206 207 Resolution No. 04-91 can be found in the City Clerk's office. 208 209 D. Consideration of SECOND READING of Ordinance No. 09-04, Vacating Drainage and 210 Utility Easement, Millers Crossroads, Jim Studenski 211 212 Community Development Director Grochala presented the Staff report, indicating Staff recommends 213 approval of the second reading. 214 Aft215 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 09-04 W216 vacating Drainage and Utility Easement for Millers Crossroads. Councilmember Dahl seconded the 217 motion. 218 219 Vote: 5 — 0. Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 220 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 221 222 E. Consideration of Resolution No. 04-92, Approving Joint Powers Agreement, I35 W/E 223 Coalition, Jeff Smyser 224 225 Community Development Director Grochala summarized the Staff report, indicating Staff 226 recommends approval. 227 228 Councilmember Carlson verified local decision making will come back to local government, and this 229 Joint Powers Agreement does not take any voting capabilities away. Community Development 230 Director Grochala confirmed all decisions would be made by local government, not the coalition. 231 232 Councilmember Reinert moved to adopt Resolution No. 04-92 approving a Joint Powers Agreement, 233 I-35 W/E Coalition. Councilmember Stoltz seconded the motion. 234 235 Motion carried unanimously. 236 237 Resolution No. 04-92 can be found in the City Clerk's office. 238 •39 UNFINISHED BUSINESS COUNCIL MINUTES JUNE 28, 2004 APPROVED 240 041 A. Approval of minutes of City Council Work Session, April 7, 2004 242 B. Approval of minutes of Joint Meeting with Charter, April 8, 2004 243 C. Approval of minutes of City Council Meeting, April 12, 2004 244 245 April 12 Minutes 246 247 Amendments proposed by Councilmember Carlson: 248 249 April 12, 2004, page 9, line 42 should say `...she would probably vote no, and would prefer to send it 250 back to a work session.' 251 252 April 12, 2004, page 9, line 17 and 18 should say 'She also stated she was going to vote no because of 253 the information coming forward that she did not have prior to this evening.' 254 255 Councilmember Dahl moved to approve the revised draft of the April 12, 2004 minutes with the 256 changes noted above. Councilmember Carlson seconded the motion. 257 258 Vote: 4 Ayes, 0 Nays, 1 Abstain. Councilmember Stoltz abstained. 259 260 Motion carried. 261 262 April 7 Minutes W263 264 Councilmember Reinert moved to approve the TimeSaver's draft of the April 7, 2004 minutes. 265 Mayor Bergeson seconded the motion. 266 267 Vote: 2 Ayes, 2 Nays, 1 Abstain. Councilmembers Carlson and Dahl opposed. Councilmember 268 Stoltz abstained. 269 270 Motion failed. 271 272 April 8 Minutes 273 274 Amendment proposed by Councilmember Carlson: 275 276 April 8, 2004, page 2, paragraph 6, should say `Councilmember Carlson stated that the City has had 277 two road referendums. The project that had the benefiting properties paying 11% failed, and the one 278 that had the benefiting properties paying 28% passed." 279 280 Councilmember Carlson moved to approve the Timesaver's draft of the April 8, 2004 minutes as 281 amended above. Councilmember Dahl seconded the motion. 282 283 Councilmember Dahl moved to include a formal amendment to the motion to include the subsequent 284 paragraph from the verbatim minutes to the correction noted above, referencing Community 285 Develoment Director Michael Grochala's comments. •286 287 Mayor Bergeson noted the amendment to the motion failed for lack of a second. 6 COUNCIL MINUTES JUNE 28, 2004 APPROVED 288 0289 Vote on original motion: 2 Ayes, 2 Nays, 1 Abstain. Councilmember Reinert and Mayor Bergeson 290 opposed. Councilmember Stoltz abstained. 291 292 City Attorney Hawkins suggested the minutes whose motion failed be entered into the book with a 293 statement that they were not approved by a majority of the City Council. 294 295 Staff was directed to look at what other cities do with their minutes and come back with a 296 recommendation for the Council on how to proceed with meeting minutes. 297 298 NEW BUSINESS 299 300 A. Approval of minutes of Special City Council Meeting, June 10, 2004 301 302 Councilmember Stoltz moved to approve the minutes of June 10, 2004 as presented. Mayor 303 Bergeson seconded the motion. 304 305 Vote: 4 Ayes, 0 Nays, 1 Abstain. Councilmember Dahl abstained. 306 307 COMMUNITY CALENDAR June 29, 2004 THROUGH July 12, 2004: 308 309 A) Wednesday, June 30, 2004, 6:30 p.m., Environmental Board Meeting 310 (Rescheduled to July 15, 2004) •311 B) Thursday, July 1, 2004, 7:00 a.m., EDAC Meeting 312 313 C) Monday, July 5, 2004, City Hall Closed 314 D) Tuesday, July 6, 2004, 6:30 p.m., Park Board Meeting CANCELLED 315 E) Wednesday, July 7, 2004, 4:30 p.m., Special Council Work Session 316 F) Wednesday, July 7, 2004, 5:30 p.m., Council Work Session 317 G) Thursday, July 8, 2004, 7:00 p.m., Charter Commission Meeting 318 319 H) Monday, July 12, 2004, 6:30 p.m., City Council Meeting 320 ADJOURN 321 322 There being no further business, Councilmember Carlson moved to adjourn at 8:37 p.m. 323 Councilmember Stoltz seconded the motion. 324 325 Motion carried unanimously. 326 327 These minutes were considered and approved at the regular Council Meeting, July 26, 2004. 328 ,329 7 330 •331 332 Ann Blair, City Cler 333 334 Transcribed by: 335 Karen Bucklen 336 TimeSaver Off Site Secretarial, Inc. 337 COUNCIL MINUTES APPROVED • 8 JUNE 28, 2004