HomeMy WebLinkAbout06/13/2005 Council MinutesAPPROVED
•1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : June 13, 2005
6 TIME STARTED : 6:34 P.M.
7 TIME ENDED : 8:33 P.M.
8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz
9 and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; Director of Administration, Dan Tesch;
13 Finance Director, Al Rolek (part); Public Services Director, Rick DeGardner (part); Community
14 Development Director, Michael Grochala; City Engineer, Jim Studenski; Economic Development
15 Coordinator, Mary Divine; City Attorney, Bill Hawkins; and City Clerk, Ann Blair.
16
17 OPEN MIKE
18
19 There was no one present who wished to speak.
20
21 SETTING THE AGENDA
22
23 Mayor Bergeson advised that as an informational item, the Council engaged Harry Brull from
24 Personnel Decisions to help with the professional review of the City Administrator, Gordon Heitke.
25 He indicated that review was summarized in a letter to the City dated May 31, 2005, which he read.
26 He stated in summary Mr. Heitke is perceived as doing a good job, and was given suggestions on
27 ways he could further support the City Council.
28
29 The agenda was accepted as presented.
30
31 CONSENT AGENDA
32
33 Councilmember Carlson made a brief comment on the expense report item for the Charter
34 Commission charge, and asked if Staff could provide a verbal clarification. She stated her question is
35 on the "Charter initiated" and "not Charter initiated" expenses on page 15. She indicated the one
36 initiated by the Charter Commission is for TimeSaver Secretarial Services, and the one for Kennedy
37 and Graven was not initiated by the Charter Commission. She asked if those are being tracked
38 individually.
39
40 Finance Director Rolek stated they are being tracked separately.
41
42 Councilmember Reinert moved to approve the Consent Agenda. Councilmember Stoltz seconded the
43 motion.
ak 44
111. 45 Motion carried unanimously.
COUNCIL MINUTES JUNE 13, 2005
APPROVED
• 46
47 ITEM ACTION
48
49 A. CONSIDERATION OF EXPENDITURES:
50
51 i) June 13, 2005 (Check No. 73847 -
52 74027, $385,338.73). Approved
53
54 ii) Centennial Fire District (Check No. 14750 -
55 14767, $5,640.31) Approved
56
57 B. CONSIDERATION OF MINUTES OF
58 APRIL 20, 2005 COUNCIL WORK SESSION Approved
59
60 C. CONSIDERATION OF MINUTES OF
61 APRIL 25, 2005 CITY COUNCIL MEETING Approved
62
63 D. CONSIDERATION OF MINUTES OF
64 MAY 4, 2005 COUNCIL WORK SESSION Approved
65
66 E. CONSIDERATION OF MINUTES OF
di67 MAY 9, 2005 CITY COUNCIL MEETING Approved
68
69 F. CONSIDERATION OF MINUTES OF
70 MAY 18, 2005 COUNCIL WORK SESSION Approved
71
72 G. CONSIDERATION OF MINUTES OF
73 MAY 23, 2005 CITY COUNCIL MEETING Approved
74
75 FINANCE DEPARTMENT REPORT, AL ROLEK
76
77 A. 2004 Audit Report
78
79 Finance Director Rolek introduced Brock Geyen of Larson, Allen, Weishair & Company, LLP, who
80 was in attendance to present the 2004 annual report.
81
82 Mr. Geyen stated he is not the principal for the Lino Lakes audit, but he met with some of the Council
83 last week. He indicated that as part of the audit they prepare the City's Annual Financial Report, as
84 well as other reports required covering the City's legal compliance with State and Federal statutes, the
85 City's internal control structure, and a SAG 61 letter, which is a required communication from
86 auditors to the City Council.
87
88 Mr. Geyen indicated the City was issued a clean report, meaning there was nothing that had to be
• 89 qualified during the audit testing, no significant fund reductions or unexplainable losses, and no
90 recordable incidents. He stated the City's bond rating improved to AA -1 during 2004.
2
COUNCIL MINUTES JUNE 13, 2005
APPROVED
•91
92 Mr. Geyen advised in the year 2003, the City received the Certificate of Achievement for Excellence
93 in Financial Reporting, and they will be applying for this for 2004. He stated he would expect that the
94 City will receive the award. He explained his firm's greatest concern for the City in the past has been
95 the extent of fund balance deficits. He indicated as a result of some land sales and other factors, the
96 City has reduced those deficits down to only four funds that are carrying a deficit fund balance, which
97 is a great improvement.
98
99 Councilmember Carlson asked what would be the easiest way to compare accounts from one year to
100 the next for a snapshot view of any given account. Mr. Geyen stated if you are looking for detail you
101 would have to go to the detail pages for an individual fund, however a broad overview summary is
102 located on pages seven and eight of the report. He added that pages 12 and 13 give a comparative
103 detail from year to year.
104
105 Finance Director Rolek stated that in the front of the report there is a basic financial statement which
106 could be compared to the same statement from last year, but there is no direct comparison in this
107 report. He added that the full report would be available on the City's website.
108
109 Councilmember Stoltz asked if there was a comparison to where Lino Lakes is with their general fund
110 balance in relation to other cities of similar size. Mr. Geyen stated that from a fund balance
111perspective, he would say Lino Lakes is right down the middle. He indicated Lino Lakes has a good
012 fund balance reserve that fluctuates from year to year, but his firm typically recommends a fund -
13 balance -to -expenditure ratio for a city, taking into consideration size and revenue factors, and Lino
114 Lakes is right in line.
115
116 Mr. Geyen stated the management issues listed in the back of the report are items for the Council and
117 Staff to be aware of, but there is nothing too alarming. He indicated the biggest thing mentioned in
118 this section in the past is the fund balance deficits, which were cleaned up in 2004.
119
120 Councilmember Stoltz moved to approve the 2004 Audit Report. Councilmember Carlson seconded
121 the motion.
122
123 Councilmember Stoltz congratulated Finance Director Rolek and his team. He stated the upgraded
124 bond rating helps the City borrow at a lower rate, and the Excellence in Financial Reporting award
125 means that outside entities have no concerns about the City's reporting.
126
127 Motion carried unanimously.
128
129 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
130
131 A. Consider SECOND READING of Ordinance No. 02-05, Amending Liquor Code to allow
132 for 2 a.m. closing time
133
•134 City Clerk Blair summarized the Staff report, indicating Staff recommends approval.
135
3
COUNCIL MINUTES JUNE 13, 2005
APPROVED
036 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 02-05,
137 Amending Liquor Code to allow for 2 a.m. closing time. Councilmember Stoltz seconded the
138 motion.
139
140 Councilmember Carlson noted she did receive a call on this from a concerned citizen, and she
141 mentioned to that resident that Police Chief Pecchia was present at a work session to talk to the
142 Council about what has been done in other cities, and expressing his support for allowing a 2 a.m.
143 closing time. She stated she would like to hear from Police Chief Pecchia again if the police
144 department experiences any adverse incidents of public safety.
145
146 Motion carried. Councilmember Dahl voted aye. Councilmember Carlson voted yea.
147 Councilmember Stoltz voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea.
148
149 Ordinance No. 02-05 can be found in the City Clerk's office.
150
151 B. Consider Promotion of Dawn Bugge to Community Development Assistant
152
153 Director of Administration Tesch summarized the Staff report, indicating Staff recommends approval.
154
155 Councilmember Dahl moved to approve the promotion of Dawn Bugge to Community Development
156 Assistant. Councilmember Reinert seconded the motion.
.57
58 Motion carried unanimously.
159
160 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
161
162 There was none.
163
164 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
165
166 A. Consideration of Resolution No. 05-71, Accepting Bids and Awarding Contract, Birch
167 Street Trail Project
168
169 Public Service Director DeGardner summarized the Staff report, indicating Staff recommends
170 approval.
171
172 Councilmember Dahl moved to adopt Resolution No. 05-71, Accepting Bids and Awarding Contract,
173 Birch Street Trail Project. Councilmember Stoltz seconded the motion.
174
175 Motion carried unanimously.
176
177 Resolution No. 05-71 can be found in the City Clerk's office.
178
079 B. Consideration of Resolution No. 05-75 Approving Plans and Specifications and
180 Authorizing Advertisement for Bids, Water Tower #2 Reconditioning Project
4
COUNCIL MINUTES JUNE 13, 2005
APPROVED
•81
182 Public Service Director DeGardner summarized the Staff report, indicating Staff recommends
183 approval.
184
185 Councilmember Carlson moved to adopt Resolution No. 05-75 approving plans and specifications
186 and authorizing advertisement for bids for Water Tower #2 Reconditioning Project. Councilmember
187 Dahl seconded the motion.
188
189 Motion carried unanimously.
190
191 Resolution No. 05-75 can be found in the City Clerk's office.
192
193 C. Consideration of Resolution No. 05-72, Accepting Donations for Kite Day
194
195 Public Service Director DeGardner summarized the Staff report, indicating Staff recommends
196 approval.
197
198 Councilmember Dahl moved to adopt Resolution No. 05-72, Accepting Donation for Kite Day.
199 Councilmember Carlson seconded the motion.
200
201 Councilmember Dahl commented that everyone on the City Council is grateful to the two businesses
Ai02 that donated for this event.
03
204 Motion carried unanimously.
205
206 Resolution No. 05-72 can be found in the City Clerk's office.
207
208 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA
209
210 A. Consideration of Economic Development Advisory Committee (EDAC) 5 -year Strategic
211 Plan, Mary Alice Divine
212
213 Economic Development Assistant Divine summarized the Staff report, indicating Staff recommends
214 approval. On behalf of the EDAC, she reviewed each of the goals for the Council.
215
216 Councilmember Carlson asked for clarification on Goal 2, Objective 6, which she read. She stated
217 her understanding is that this does not expand the administrative review process, but supports changes
218 approved in City Ordinance. Economic Development Assistant Divine indicated that is correct.
219
220 Councilmember Carlson stated this is important to note because when a project goes through
221 Administrative Review, it does not go through the City Council, which is where citizens have the
222 chance to express their views on a project.
223
24 Councilmember Reinert moved to approve the Economic Development Advisory Committee (EDAC)
225 5 -year Strategic Plan. Councilmember Stoltz seconded the motion.
5
COUNCIL MINUTES JUNE 13, 2005
APPROVED
026
227 Councilmember Carlson noted she will vote to approve this 5 -year Strategic Plan. She commented
228 that the proposals here are from the EDAC, and there may be some differences of opinion when it
229 comes to high growth or high tax. She further commented on the goal of bringing in commercial and
230 industrial development to assist in lowering the tax rate for residential property.
231
232 Economic Development Assistant Divine stated that the EDAC has a goal for commercial and
233 industrial development of 10% in order to lower the burden on residential taxpayers.
234
235 Motion carried unanimously.
236
237 B. Consideration of Resolution No. 05-74, Approving Final Plat, Village No. 3 (Legacy at
238 Woods Edge), Paul Bengtson
239
240 Community Development Director Grochala summarized the Staff report, indicating Staff
241 recommends approval.
242
243 Councilmember Stoltz moved to adopt Resolution No. 05-74, Approving Final Plat, Village No. 3
244 (Legacy at Woods Edge). Councilmember Dahl seconded the motion.
245
246 Motion carried unanimously.
.47
48 Resolution No. 05-74 can be found in the City Clerk's office.
249
250 C. Angies Acres, Paul Bengtson
251
252 i. Consideration of Resolution No. 05-76, Approving Development Agreement
253
254 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval.
255
256 Councilmember Reinert moved to adopt Resolution No. 05-76, Approving Development Agreement
257 for Angie's Acres. Councilmember Stoltz seconded the motion.
258
259 Motion carried unanimously.
260
261 Resolution No. 05-76 can be found in the City Clerk's office.
262
263 ii. Consideration of Resolution No. 05-73, Approving Final Plat
264
265 City Engineer Studenski summarized the Staff report, indicating final plat is in conformance with the
266 preliminary plat, and Staff recommends approval.
267
268 Councilmember Carlson moved to adopt Resolution No. 05-73, Approving Final Plat for Angie's
69 Acres. Councilmember Dahl seconded the motion.
270
6
COUNCIL MINUTES JUNE 13, 2005
APPROVED
071 Motion carried unanimously.
272
273 Resolution No. 05-73 can be found in the City Clerk's office.
274
275 D. Consideration of Resolution No. 05-77, Receiving Report and Calling Hearing on
276 Improvements, Shenandoah Area Street and Utility Improvements, Jim Studenski
277
278 Mayor Bergeson noted that he has asked Councilmember Stoltz to handle the discussion on both of
279 the Street and Utility Improvement items. He noted he owns property on West Shadow Lake Drive,
280 and after consultation with the City Attorney, he will vote 011 the Shenendoah street project, but will
281 not vote on the West Shadow Lake Drive street project.
282
283 City Engineer Studenski summarized the Staff report, reviewing a portion of the feasibility report. He
284 stated Staff is asking that the City Council call a public hearing for July 11, 2005, and accept the
285 feasibility report.
286
287 Councilmember Carlson noted that on page three of the feasibility report it says these improvements
288 are as established in the existing five-year Capital Improvement Plan. She stated the Council passed a
289 five-year Financial Plan that included streets in January of 2003, and she knows that Staff is working
290 011 updating that plan, but asked where these improvements are referenced.
291
ilk292 Community Development Director Grochala indicated in the back of the Financial Plan is a note
W93 identifying what streets were done. He stated Shenendoah was identified as a 2004-2005 street
294 improvement, but failed on that referendum.
295
296 Councilmember Carlson clarified that beside the cost for oversizing the trunk main, that the
297 benefiting properties are paying 100% of the costs associated with the watermain extension, in
298 accordance with City policy. City Engineer Studenski stated that is correct.
299
300 Councilmember Reinert moved to adopt Resolution No. 05-77, Receiving Report and Calling for
301 Hearing on Improvements, Shenandoah Area Street and Utility Improvements. Councilmember Dahl
302 seconded the motion.
303
304 Motion carried unanimously.
305
306 Resolution No. 05-77 can be found in the City Clerk's office.
307
308 E. Consideration of Resolution No. 05-78, Receiving Report and Calling for Hearing on
309 Improvements, West Shadow Lake Drive Street and Utility Improvements, Jim
310 Studenski
311
312 City Engineer Studenski summarized the Staff report, reviewing project costs and stating Staff is
313 recommending that the City Council accept the feasibility report and call for a public hearing on July
•314 11, 2005.
315
7
COUNCIL MINUTES JUNE 13, 2005
APPROVED
016 Councilmember Carlson asked on which side the trail is being planned, and if the loss of trees factors
317 into the decision of which side the trail would be constructed. City Engineer Studenski indicated it is
318 being recommended on the west side to tie in with the school, and with the anticipation that most of
319 the traffic will loop to the golf course. He stated they have taken the area for the trail and the street
320 and centered it so it impacts equally on each side.
321
322 Councilmember Carlson noted the City's tree preservation policy, and asked if an estimate for tree
323 replacement was included in the project costs. City Engineer Studenski stated it has been included,
324 and may be incorporated under the dollars allotted for restoration.
325
326 Councilmember Carlson clarified tonight's action does not approve assessments to any property. City
327 Engineer Studenski advised that is correct and the action for assessments would come back at a future
328 date. Councilmember Carlson noted she is concerned about several of the proposed assessments,
329 including over $200,000 to the City, and $265,000 to the school district. She stated she knows the
330 school district has huge budget constraints, and is hearing about the district having to reduce their
331 teaching staff. City Engineer Studenski stated if there are any special considerations as they go
332 through this they will be considered. He indicated he believes the Comprehensive Plan calls for new
333 development to pay the full cost for street improvements. He stated he realizes this is an area where
334 the street is being reconstructed, but if the school district and the McCollum property were
335 subdividing, it would be necessary for them to pay the full cost of the street improvements rather than
336 having contribution from the City as they are receiving.
.37
38 Councilmember Carlson asked how many homes are in the project area now, noting the cost is being
339 divided between 120 homes. She further asked how the additional lots would be accounted for under
340 the Comprehensive Plan and Growth policies. Community Development Director Grochala advised
341 that for purposes of equating cost per home, Staff converted the City's frontage into equitable lots,
342 which accounts for nine of the 120 units. He stated there are 75 homes in the project area now. He
343 indicated how those lots would be accounted for is yet to be determined by the City Council. He
344 stated for purposes of providing special assessments, they need to consider the ability of lots to
345 subdivide. He commented that after the public hearing there would be a 60 -day period at the end of
346 which they may or may not have a project. He stated after that is the referendum process. He
347 indicated if this project goes forward they will have to look at a Comprehensive Plan Amendment.
348
349 Councilmember Reinert moved to adopt Resolution No. 05-78, Receiving Report and Calling for
350 Hearing on Improvements, West Shadow Lake Drive Street and Utility Improvements.
351 Councilmember Stoltz seconded the motion.
352
353 Councilmember Carlson commented that review of the Comprehensive Plan was a long process, but
354 they came up with a plan that goes to 2010, and extends to 2020. She stated some areas in the
355 Comprehensive Plan are better suited for development than others that are actually slated for
356 development. She indicated she does have an issue with doing development at a spot here and a spot
357 there, and hopes they will have done a citizen survey by the time this comes for a vote to change the
358 Comprehensive Plan.
059
360 Motion carried unanimously.
8
COUNCIL MINUTES JUNE 13, 2005
APPROVED
362 Resolution No. 05-78 can be found in the City Clerk's office.
363
364 F. Consideration of Resolution No. 05-79, Approving Agreement between City and Glenn
365 Rehbein Excavating, Inc., for Grading on YMCA Site, Michael Grochala
366
367 Community Development Director Grochala summarized the Staff report, stating Staff recommends
368 approval.
369
370 Councilmember Carlson asked if the property the City is giving to the YMCA is designated as public
371 use, or if it could be sold in the future. Community Development Director Grochala stated the City
372 owns the land free and clear, and it is not designated as public use. He indicated the Metropolitan
373 Council approved the land trade, which allowed the City to relocate the YMCA to a better site.
374
375 Councilmember Carlson moved to adopt Resolution No. 05-79, Approving Agreement between City
376 and Glenn Rehbein Excavating, Inc., for Grading on YMCA Site. Councilmember Dahl seconded the
377 motion.
378
379 Motion carried unanimously.
380
381 Resolution No. 05-79 can be found in the City Clerk's office.
.82
83 UNFINISHED BUSINESS
384
385 A. _ Consideration of Minutes of April 6, 2005 Council Work Session
386
387 City Administrator Heitke advised there were several things requested of Staff at the last work
388 session, including obtaining estimates from TimeSaver Secretarial on transcribing sections of several
389 meetings verbatim.
390
391 Councilmember Dahl noted that according to the estimates one section would be $129.38, and one
392 would be $43.13. She stated even doing the entire seven hours of tape would be less than the Council
393 had expected, therefore she still recommends having the two sections in question transcribed
394 verbatim.
395
396 Councilmember Reinert opposed this suggestion, stating the minutes presented represent the meeting
397 that took place, and he would move for approval.
398
399 Councilmember Dahl stated the Council has done verbatim minutes in the past, and she does not
400 think $173 is too much for an issue that is a hot button at this time.
401
402 Councilmember Reinert moved to approve the April 6, 2005 Council Work Session minutes as
403 printed. Councilmember Stoltz seconded the motion.
004
9
• COUNCIL MINUTES JUNE 13, 2005
APPROVED
a405 Councilmember Carlson asked for a roll call on the vote. She stated she does not entirely believe the
06 minutes are correct as presented, and she did request verbatim minutes on the section involving the
407 League of Minnesota Cities' attorney. She indicated there are some grey areas, and she believes some
408 important points are missing that should be included. She commented that there has been a change in
409 the relationship between the City Council and the Charter Commission and she believes they would
410 benefit from having the complete statements from the League's attorney in the minutes.
411
412 Councilmember Reinert countered that if verbatim minutes are the only minutes that can be
413 considered complete than all of the City's minutes are incomplete. He stated to do all of the City's
414 meeting minutes verbatim would cost the taxpayers thousands of dollars. He indicated suggesting
415 there is a change in the relationship between the Charter Commission and the City Council is solely
416 Councilmember Carlson's opinion, and he believes it is an incorrect opinion.
417
418 Councilmember Stoltz stated he has been on the City Council for a year and a half, and indicated he
419 believes the public needs to know the minutes are not taken by any of the Council members or City
420 Staff members. He indicated the City uses an independent third party to record the minutes. He
421 stated minutes do not have to be political, but are meant to capture the essence of a meeting. He
422 indicated there are many quotes he has made, but he will not spend unnecessary taxpayer money
423 having them added for his political reasons. He noted $173 is not the full cost, as Staff as spent hours
424 on these minutes already, which costs the taxpayers money. He stated it seems ridiculous when there
425 are pressing issues. He noted there is also a tape of the meeting, and any resident can view that tape
416.426 at any time. He stated he is offended by the words incomplete and inaccurate, and commented that
427 the taxpayers receive no benefit from the Council approving minutes.
428
429 Councilmember Dahl commented that she received a comparison from TimeSaver Secretarial on the
430 level of service they provide to various cities, and for Lino Lakes it says full detail, staff report not
431 included. She indicated if that was changed she would like to know when, and would like to have it
432 reconsidered. She stated her concern is people reading these minutes will not understand the
433 conversation, and a better description could have been provided, or a summary of what happened.
434
435 Councilmember Carlson noted that the minutes have changed over the last eighteen months, and they
436 now have a lot less detail. She stated her concern is not whether or not she is quoted, but in her
437 opinion the minutes are incorrect and incomplete and for a small cost the City could clarify these
438 minutes. She noted when she was talking about the changing relationship between the City Council
439 and the Charter Commission she was alluding to comments and questions on what the role is of the
440 Charter Commission, and how that is changing. She indicated she is not saying it is right or wrong,
441 but the roles are changing, and discussion of why it is changing was covered in the comments of the
442 League's attorney, Rylee Retzer.
443
444 Mayor Bergeson stated he finds it curious that the April 6th minutes are characterized as inaccurate
445 and incomplete and other minutes prepared by the same group are not. He indicated he would like to
446 come to the defense of the professional minute takers, who do a fine job of providing minutes that are
447 accurate and complete. He stated the Council needs to look at the purpose of minutes, and for the
.
448 City Council it is to document the actions of the City Council, not record words of City Council or
449 Staff members. He indicated this discussion is not about money, but he takes exception that some
10
COUNCIL MINUTES JUNE 13, 2005
APPROVED
41 150 Council Members would ask for verbatim on some portions of a meeting and not others. He stated
451 this would say that some things discussed at a meeting are more important than others are, and that is
452 not true. He indicated if this discussion should be captured verbatim than so should the other
453 meetings she attended.
454
455 Motion carried. Vote: 3:2 Councilmember Reinert voted yea. Councilmember Stoltz voted yea.
456 Councilmember Carlson voted nay. Councilmember Dahl voted nay. Mayor Bergeson voted yea.
457
458 NEW BUSINESS
459
460 There was none.
461
462 COMMUNITY CALENDAR JUNE 14, 2005 THROUGH JUNE 27, 2005:
463
464 A) Groundbreaking Ceremony, Legacy at Wood's Edge, Wednesday, June 22, 2005,
465 4:00 p.m.
466
467 B) Council Work Session, Wednesday, June 22, 2005, 5:30 p.m.
468 C) City Council Meeting, Monday, June 27, 2005, 6:30 p.m.
469 ADJOURN
416470
471 There being no further business, Councilmember Stoltz moved to adjourn at 8:33 p.m.
472 Councilmember Reinert seconded the motion.
473
474 Motion carried unanimously.
475
476 These minutes were considered and approved at the regular Council Meeting, June 27, 2005.
477
478
479 at &raj Peielled"4
480
481 Ann Blair, City Clerk John Bergeson, Mayor
482
483 Transcribed by:
484 Karen Bucklen
485 TimeSaver Off Site Secretarial, Inc.
486