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Home My WebLink About09/13/2004 Council MinutesAPPROVED CITY OF LINO LAKES MINUTES 4 5 DATE : September 13, 2004 6 TIME STARTED : 6:34 P.M. 7 TIME ENDED : 8:23 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; City Engineer, Jim Studenski; City Planner, Jeff Smyser; 14 City Finance Director, Al Rolek; Public Services Director, Rick DeGardner (part); Economic 15 Development Coordinator, Mary Alice Divine; and City Attorney, Bill Hawkins. 16 17 OPEN MIKE 18 19 There was none. 20 21 SETTING THE AGENDA 22 23 Councilmember Carlson asked to remove items 1 C, 1D and 1E for separate consideration. Mayor •24 Bergeson noted those would be heard under Unfinished Business. 25 26 The agenda was approved as amended. 27 28 CONSENT AGENDA 29 30 Councilmember Stoltz moved to approve the Consent Agenda as amended. Councilmember Reinert 31 seconded the motion. 32 33 Motion carried unanimously. 34 35 ITEM ACTION 36 37 A. CONSIDERATION OF EXPENDITURES: 38 39 i) September 13, 2004 (Check No. 71817 — 40 71936, $590,061.29). Approved 41 42 ii) Centennial Fire District (Check No. 14414 — 43 14434, $12,126.21). Approved 44 45 B. CONSIDERATION OF APPROVAL OF BLOCK 46 PARTY ON RED HAWK TRAIL Approved .47 48 C. APPROVAL OF MINUTES OF MARCH 25-27, 2004 COUNCIL MINUTES September 13, 2004 APPROVED 49 COUNCIL TEAMBUILDING WORKSHOP Removed • 50 51 D. APPROVAL OF MINUTES OF MAY 22, 2004 52 COUNCIL GOAL SETTING WORKSHOP Removed 53 54 E. APPROVAL OF MINUTES OF JULY 26, 2004 55 COUNCIL MEETING Removed 56 57 F. APPROVAL OF MINUTES OF AUGUST 4, 2004 58 COUNCIL WORK SESSION Approved 59 60 G. APPROVAL OF MINUTES OF AUGUST 9, 2004 61 SPECIAL WORK SESSION Approved 62 63 H. APPROVAL OF MINUTES OF AUGUST 9, 2004 64 COUNCIL MEETING Approved 65 66 I. APPROVAL OF MINUTES OF AUGUST 11, 2004 67 SPECIAL WORK SESSION Approved 68 69 J. APPROVAL OF MINUTES OF AUGUST 18, 2004 70 COUNCIL WORK SESSION Approved 71 •72 FINANCE DEPARTMENT REPORT, AL ROLEK 73 74 A. Consideration of Resolution No. 04-131, Adopting Proposed 2005 General Operating 75 Budget, Al Rolek 76 77 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 78 79 Councilmember Stoltz moved to adopt Resolution No. 04-131 approving the proposed 2005 80 Operating Budget for the City of Lino Lakes. Councilmember Reinert seconded the motion. 81 82 Councilmember Carlson advised she would vote no, citing the size of the increase as her concern. 83 She noted if additional funds were coming in so taxes did not have to be raised she would consider it, 84 but with the increased levy she is uncomfortable with the size of the increase. She stated this has 85 been her position, which she has stated at budget meetings and long-range planning meetings for 86 quite some time. 87 88 Councilmember Reinert expressed disappointment that these concerns were not raised at their 89 workshop, indicated as a City Council working as a team it helps if the issues are raised and can be 90 discussed. He noted the budget includes an increase in money needed for road reconstruction; 91 something that has been an issue in the city for many years. He stated he feels following the 92 recommendations of Staff in this case is the responsible thing to do. 93 94 Councilmember Stoltz stated that sometimes sitting on the Council is a difficult thing, and tough gik 95 decisions have to be made. He indicated Staff has come to them articulating the road problem, and Mr 96 the fact that if it is not addressed it will cost the city more money. He stated he thinks they are being 2 COUNCIL MINUTES September 13, 2004 APPROVED 97 fiscally responsible addressing the roads at this time. He stressed that the tax rate is not increasing, •98 even though the tax levy and overall budget amount is increasing. 99 100 Councilmember Dahl expressed concern over the amount of increase being designated for road 101 repairs, and reiterated her request for a list of how many roads would be addressed. She also asked 102 about TIF money that should be coming off of TIF and added to the tax rolls. She stated she had been 103 leaning toward voting no on this increase, and after listening to the discussion, will vote no. 104 105 Finance Director Rolek advised they did retire three TIF districts last year, and that valuation came on 106 line in 2004. He stated the City's net tax capacity increased by over 21 %, and as a result the tax rate 107 was 5% lower in 2004 than it had been in 2003. He noted for this year the proposal is to hold the tax 108 rates steady and capture the additional taxes available for road maintenance. He explained the City 109 has, to this point, budgeted $90,000 a year for road maintenance. He stated a study done recently 110 shows that the City needs $330,000 a year to maintain a steady maintenance and repair schedule. He 111 advised this year they have added an additional $140,000 to the budget, which is still below the 112 recommended amount but Staff feels is a good start, with additional increases taking place as it 113 becomes fiscally possible. 114 115 Mayor Bergeson stated he feels Staff has presented them with a responsible budget. He indicated it 116 provides the same services currently being provided, and since they have not heard residents want less 117 service, he feels it should go through. He stressed that the only addition to the budget is the added 118 $140,000 for road repair, which is something that has been demonstrated to be a valid need. He 119 stated Lino Lakes is a growing city, and it will cost more to provide roads, trails and services to more . 20 people. He noted it is easy to say the budget is too high, but if there is not a counter -proposal to 21 reduce it, it becomes a hollow comment. He believes the Council should support Staff s 122 recommendation. 123 124 Motion carried. Vote: 3:2 Councilmember Carlson and Dahl opposed. 125 126 Resolution No. 04-131 can be found in the City Clerk's office. 127 128 B. Consideration of Resolution No. 04-132, Adopting Preliminary 2004/05 Property Tax 129 Levy, Al Rolek 130 131 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 132 133 Councilmember Stoltz moved to adopt Resolution No. 04-132 approving the 2004/05 Property Tax 134 Levy. Mayor Bergeson seconded the motion. 135 136 137 Councilmember Carlson noted the tax levy is partially based on the budget going up 19.68%. She 138 indicated if there were money coming in without having to raise taxes she would feel differently, or 139 even if they were raising taxes at the same rate as income was going up she would be okay with it. 140 She noted a newspaper article discussing average wage increases in the 3 to 4.5% range, noting 141 Staffs comments that this would result in a 5 to 10% increase for most residents. 142 S43 Councilmember Stoltz commented that unfortunately cost of goods is going up, and the City's budget 44 is based largely on those cost of goods. He added that Lino Lakes' tax rate is low in comparison to 3 COUNCIL MINUTES September 13, 2004 APPROVED 145 other cities in this county, and reiterated he feels the Council and Staff are being fiscally responsible 46 in taking this action. 147 148 Councilmember Reinert also stressed Lino Lakes has a lower tax rate than other cities around them, 149 and over the last two years has averaged a budget increase of 7.95%, which is more reasonable. He 150 stated the figure of 19.68% is very high, and makes him uncomfortable as well, but the history is 151 important when looking at the impact of the increase. 152 153 Mayor Bergeson advised that last year the City had to reduce their budget because of State actions, 154 and to some extent they are restoring things that had to be removed from operations last year. He 155 stated they are going back to where they were before the State mandates, and adding an amount for 156 road repair. He noted if you provide the same services to more people, costs are bound to go up, and 157 those services are rightfully expected by the Lino Lakes residents. 158 159 Motion carried. Vote: 3:2 Councilmember Carlson and Dahl opposed. 160 161 Resolution No. 04-132 can be found in the City Clerk's office. 162 163 C. Consideration of Resolution No. 04-133, Setting Truth -in -Taxation Hearing Date, Al 164 Rolek 165 166 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 167 x}68 Councilmember Carlson moved to adopt Resolution No. 04-133 setting the Truth -in -Taxation X169 Hearing Dates for December 13 and December 20, 2004. Councilmember Dahl seconded the motion. 170 171 Motion carried unanimously. 172 173 Resolution No. 04-133 can be found in the City Clerk's office. 174 175 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 176 177 A. Offer of Employment to Karen Commissioner Anderson for the position of Volunteer 178 Coordinator, Gordon Heitke 179 180 City Administrator Heitke summarized the Staff report, indicating Staff recommends approval. 181 182 Councilmember Dahl moved to approve the offer of employment for the position of Volunteer 183 Coordinator for the Public Safety Department to Ms. Karen Commissioner Anderson, as outlined in 184 the Staff report. Councilmember Reinert seconded the motion. 185 186 Motion carried unanimously. 187 188 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 189 190 A. Consideration of Resolution No. 04-129, Authorizing Execution of Joint Powers � 91 Agreement with Centennial School District for Youth Resource Officer, Dave Pecchia 92 4 COUNCIL MINUTES September 13, 2004 APPROVED 193 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval. .94 195 Councilmember Reinert moved to adopt Resolution No. 04-129 authorizing execution of a Joint 196 Powers Agreement with Centennial School District for a Youth Resource Officer. Councilmember 197 Stoltz seconded the motion. 198 199 Motion carried unanimously. 200 201 Resolution No. 04-129 can be found in the City Clerk's office. 202 203 B. Consideration of Resolution No. 04-128, Authorizing Execution of Agreement with the 204 Minnesota Department of Public Safety, Safe & Sober Project, Dave Pecchia 205 206 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval. 207 208 Mayor Bergeson asked why the City has to get out of the program for a year. Police Chief Pecchia 209 explained that the program is set up to allow agencies to spend two years in the program, then one 210 year out, allowing more agencies to participate. 211 212 Councilmember Carlson moved to adopt Resolution No. 04-128 authorizing execution of an 213 agreement with the Minnesota Department of Public Safety, Safe & Sober Project. Councilmember 214 Dahl seconded the motion. 215 dill16 Motion carried unanimously. W17 218 Resolution No. 04-128 can be found in the City Clerk's office. 219 220 C. Consideration of Resolution No. 04-130, Accepting Donations from Area Businesses to 221 Fund Ongoing Expenses to Maintain the Canine Program, Dave Pecchia 222 223 Police Chief Pecchia summarized the Staff report, indicating Staff recommends approval. 224 225 Britt Johnson, Saberpack, commented he is pleased to make a contribution to kick off the canine 226 program. He praised the presentation given by the Police Department outlining the program, stated it 227 made it an easy decision. He indicated he is pleased to invest in the community. 228 229 Councilmember Dahl moved to adopt Resolution No. 04-130 accepting donations from area 230 businesses to fund ongoing expenses to maintain the Canine Program. Councilmember Stoltz 231 seconded the motion. 232 233 Mayor Bergeson commented that the Police Department has already put the program to good use, and 234 feels it will be a great addition to the department and to the tools available for the officers. 235 236 Motion carried unanimously. 237 238 Resolution No. 04-130 can be found in the City Clerk's office. S39 40 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 5 COUNCIL MINUTES September 13, 2004 APPROVED 241 042 A. Consideration of FIRST READING of Ordinance #11-04, Winter Parking Restrictions, 243 Rick DeGardner 244 245 Public Service Director DeGardner summarized the Staff report, noting the words `...or removed to 246 the full width of the street.' would be removed from the second paragraph, first sentence. He 247 indicated Staff recommends approval. 248 249 Mayor Bergeson opened the public hearing at 7:28 p.m. He noted that since the ordinance requires 250 two readings, he will leave the hearing open until the second reading so the Council can hear any 251 public comments there may be. 252 253 Councilmember Reinert moved to continue the public hearing until the SECOND READING of 254 Ordinance #11-04. Councilmember Dahl seconded the motion. 255 256 Motion carried unanimously. 257 258 Councilmember Carlson moved to approve the FIRST READING of Ordinance #11-04, Winter 259 Parking Restrictions. Councilmember Dahl seconded the motion. 260 261 Councilmember Carlson commented she believes having this restriction in place between 2:00 a.m. 262 and 6:00 a.m. will save the City money and in comparing it to other cities, she feels it is reasonable. 263 Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted 65 yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 266 267 Motion carried unanimously. 268 269 Ordinance No. 11-04 can be found in the City Clerk's office. 270 271 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 272 273 A. Consideration of FIRST READING of Ordinance No. 03-04, Vacating Drainage and 274 Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, 275 Jim Studenski 276 277 Councilmember Dahl moved to continue the public hearing for the FIRST READING of Ordinance 278 No. 03-04 to the September 27, 2004 City Council Meeting. Councilmember Carlson seconded the 279 motion. 280 281 Motion carried unanimously. 282 283 B. Consideration of SECOND READING of Ordinance No. 21-04, Authorizing Sale of 284 Property to Fairview Health Services, Mary Divine 285 286 Councilmember Carlson noted she would abstain from the discussion and remove herself from the . 87 room during the vote on this topic. She stated she has no financial ties, but has served on the Board 88 for Fairview Lakes since 1995. 6 COUNCIL MINUTES September 13, 2004 APPROVED 289 •90 Economic Development Assistant Divine presented the Staff report, indicating Staff recommends 291 approval. 292 293 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 21-04 294 authorizing the sale of property to Fairview Health Services as outlined in the Staff report. 295 Councilmember Dahl seconded the motion. 296 297 Vote: Councilmember Reinert voted yea. Councilmember Dahl voted yea. Councilmember Stoltz 298 voted yea. Mayor Bergeson voted yea. Motion carried. Councilmember Carlson declined to vote. 299 300 C. Consideration of Resolution No. 04-126, Conditional Use Permit / Planned Unit 301 Development and Development Stage Plan / Preliminary Plat, Marshan Townhomes 2°d 302 Addition, Jeff Smyser 303 304 City Planner Smyser summarized the Staff report, noting two wording changes to the conditions as 305 outlined in the resolution. He stated condition #5 should read "A park dedication amount of $28,170 306 shall be paid by the developer prior to approval of the final plat by the City Council. The final park 307 dedication amount shall be determined by a neutral arbitrator. Condition #14 should read "Developer 308 shall convey to the homeowners association of the existing townhomes abutting the north border of 309 the property an access easement over the existing access drive. Prior to approval of the final plat by 310 the City Council, developer shall submit a copy of the easement document and proof that the 311 easement document has been filed with Anoka County property records. The access drive as it W12 currently exists shall not be altered. Developer shall have no obligation for maintenance, repair, 13 replacement or insurance from date of recording of easement. He stated Staff is recommending 314 approval of this resolution as amended. 315 316 Councilmember Dahl asked if the developer would have to abide by the new park dedication fee if 317 they are not going to build until next year, since the fee may be reviewed and changed prior to that 318 time. She asked if they could charge the higher rate, if it is higher, or if the fact that it is a PUD and is 319 coming in over the City's determined 20% leeway makes a difference. 320 321 City Planner Smyser advised the park dedication fee is typically considered during preliminary plat so 322 it can go before the Park Commission. City Attorney Hawkins advised that State statute says the fees 323 should be based on what they are at preliminary plat, as developers are required to abide by the rules 324 in place at that time. He stated he does not know of anything in the PUD provisions that would allow 325 the City to change the regulations after preliminary plat, and noted the developer is only waiting until 326 2005 for final plat at the City's request, not because of their own delays. 327 328 Councilmember Reinert asked about the street that had been added, noting it is a good way to resolve 329 the issues of the surrounding neighbors. City Planner Smyser advised it is not a street, but an access 330 drive. 331 332 Councilmember Carlson questioned the length of the street, noting she likes the width for 333 environmental reasons, but asked if they were setting precedent for future developments because of 334 the length and the absence of turn-arounds. She stated she wondered because of the language in the S35 report that stated turn-arounds should be required on future roadways of this length. She also 36 wondered if the issue of compensation for donated land had been resolved. • COUNCIL MINUTES September 13, 2004 APPROVED 337 .38 City Planner Smyser stated he does not believe they are setting precedent, as this is similar to other 339 developments in the area. He further stated the developer agreed to dedicate the land to the 340 association at no cost. 341 342 Councilmember Reinert moved to adopt Resolution No. 04-126 approving Conditional Use Permit / 343 Planned Unit Development and Development Stage Plan / Preliminary Plat for Marshan Townhomes 344 2°a Addition, Hokanson Development, Inc. Councilmember Carlson seconded the motion. 345 346 Mayor Bergeson thanked the developer and Staff for their attention to the open items and resolving 347 them in a timely manner. 348 349 Motion carried unanimously. 350 351 Resolution No. 04-126 can be found in the City Clerk's office. 352 353 D. Consideration of SECOND READING of Ordinance No. 12-04, Rezoning to Planned 354 Unit Development, Oakwood View, Rice Creek Covenant Church, Jeff Smyser 355 356 City Planner Smyser presented the Staff report, indicating Staff recommends approval. 357 358 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 12-04 359 rezoning to Planned Unit Development, Oakwood View, Rice Creek Covenant Church. . 60 Councilmember Stoltz seconded the motion. 61 362 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Councilmember Carlson voted 363 yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. Motion carried. 364 365 Ordinance No. 12-04 can be found in the City Clerk's office. 366 367 E. Consideration of Resolution No. 04-134, Requesting Speed Study for Elmcrest Avenue 368 from 80th Avenue to Main Street, Michael Grochala 369 370 Community Development Director Grochala summarized the Staff report, indicating Staff 371 recommends approval. 372 373 Councilmember Carlson moved to adopt Resolution No. 04-134, requesting a Speed Study for 374 Elmcrest Avenue from 80th Avenue to Main Street. Councilmember Dahl seconded the motion. 375 376 Motion carried unanimously. 377 378 Resolution No. 04-134 can be found in the City Clerk's office. 379 380 F. Consideration of Resolution No. 04-127, Accepting Bids and Awarding Contract, 2004 381 Surface Water Management Project, Jim Studenski 382 S83 City Engineer Studenski presented the Staff report, indicating Staff recommends approval. 84 8 COUNCIL MINUTES September 13, 2004 APPROVED 385 Mayor Bergeson asked if there was any concern by Staff that there was an error in the bid since it was 086 so much lower than the Engineer's estimate. City Engineer Studenski indicated they contacted the 387 low bidder and the company was confident in their bid. 388 389 Councilmember Dahl moved to adopt Resolution No. 04-127 accepting bids and awarding contract to 390 Jay Bros. Inc for 2004 Surface Water Management Project. Councilmember Reinert seconded the 391 motion. 392 393 Motion carried unanimously. 394 395 Resolution No. 04-127 can be found in the City Clerk's office. 396 397 G. Consideration of Resolution No. 04-135, Calling for a Public Hearing to consider a 398 Development Agreement with Legacy Holdings Lino Lakes, LLC, Mary Alice Divine 399 400 Economic Development Assistant Divine presented the Staff report, indicating Staff recommends 401 approval. 402 403 Councilmember Reinert moved to adopt Resolution No. 04-135 calling for a public hearing to 404 consider a Development Agreement with Legacy Holdings Lino Lakes, LLC for Monday, September 405 27, 2004. Councilmember Stoltz seconded the motion. 406 407 Motion carried unanimously. WO8 09 Resolution No. 04-135 can be found in the City Clerk's office. 410 411 UNFINISHED BUSINESS 412 413 Councilmember Carlson indicated she is not asking for correction on the first two sets. She expressed 414 a concern that they violated a League of Minnesota Cities rule on making complete records available 415 concerning Comprehensive Plan Amendments. She also voiced a concern that they received the 416 minutes in August when the meetings took place in March and May. She indicated it would be her 417 preference to vote no on these minutes. 418 419 A. Approval of Minutes of March 25-27, 2004 Council Teambuilding Workshop 420 421 Councilmember Reinert moved to approve the minutes of the March 25-27, 2004 Council 422 Teambuilding Workshop. Councilmember Stoltz seconded the motion. 423 424 Motion carried. Vote: 3:2 Councilmembers Carlson and Dahl opposed. 425 426 B. Approval of Minutes of May 22, 2004 Council Goal Setting Workshop 427 428 Councilmember Dahl moved to approve the minutes of the May 22, 2004 Council Goal Setting 429 Workshop. Councilmember Reinert seconded the motion. 430 31 Councilmember Carlson stated her comments from the March 25-27, 2004 minutes stand. She W32 reiterated they did not receive these until August, and did not have a recorder present. She is g • COUNCIL MINUTES September 13, 2004 APPROVED 433 concerned about the legal ramifications in the future, and believes there is a State statute dictating that 0434 minutes should be received within 30 days. 435 436 Councilmember Dahl asked if there were any legal issues surrounding minutes from several years ago 437 that may never have been transcribed. 438 439 City Attorney Hawkins stated he does not believe there are any legal consequences, but if there was 440 action that took place that the City had to defend it would be difficult. 441 442 Motion carried. Vote: 3:2 Councilmembers Carlson and Dahl opposed. 443 444 C. Approval of July 26, 2004 Council Meeting 445 446 Councilmember Carlson noted she had one change, on page two, line 63. She stated the end of the 447 sentence should be removed, `...as long as no one else would be affected by that change.' 448 449 Councilmember Reinert expressed concern about the minutes being changed, and stated he would 450 vote no. 451 452 Councilmember Carlson moved to approve the July 26, 2004 City Council Minutes as amended. 453 Councilmember Dahl seconded the motion. 454 455 Motion failed: Vote: 2:2 Mayor Bergeson and Councilmember Reinert opposed. Councilmember ilw56 Stoltz abstained. 57 458 Councilmember Dahl noted that she approved the August 18, 2004 meeting minutes as part of the 459 consent agenda, however she was absent from that meeting and should have abstained. 460 461 NEW BUSINESS 462 463 There was none. 464 465 COMMUNITY CALENDAR September 14 THROUGH September 27, 2004: 466 467 A) Tuesday, September 14, 2004, 7:00 a.m. to 8:00 p.m., State Primary Election 468 469 B) Monday, September 20, 2004, 7:00 to 8:30 p.m., Community Meeting re: I35E, 470 Lino Lakes Senior Center, 1189 Main Street 471 472 C) Wednesday, September 22, 2004, 5:30 p.m., Council Work Session 473 F) Monday, September 27, 2004, 6:00 p.m., EDA Meeting 474 475 G) Monday, September 27, 2004, 6:30 p.m., City Council Meeting 476 ADJOURN 077 10 • - COUNCIL MINUTES 478 .79 480 481 482 483 484 485 486 487 September 13, 2004 APPROVED There being no further business, Councilmember Stoltz moved to adjourn at 8:23 p.m. Councilmember Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, October 12, 2004. 488 Ann Blair, 489 490 491 492 493 • Clerk Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc. 11 John Bergeson, Mayor