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HomeMy WebLinkAbout09/13/2005 Council Minutes (2)APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : September 13, 2005 6 TIME STARTED : 6:35 P.M. 7 TIME ENDED : 9:25 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 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, 14 Jeff Smyser; City Planner, Paul Bengtson; Finance Director, Al Rolek; Police Chief, Dave Pecchia; 15 Economic Development Coordinator, Mary Divine; Attorney, Barry Sullivan. 16 17 OPEN MIKE 18 19 There was none. 20 21 SETTING THE AGENDA 22 t23 Mayor Bergeson stated items 1G and 1H of the Consent Agenda have been removed. 24 25 Mayor Bergeson stated item 6G would be considered before 6F. Councilmember Dahl asked if the 26 second petition would be discussed with that agenda item. Mayor Bergeson replied yes. 27 28 Mayor Bergeson read a Proclamation honoring the memory of Police Officer Shawn Silvera, and then 29 presented the plaque to Police Chief Pecchia to present to Silvera's family. He asked everyone to 30 stand for a moment of silence. He added a fund is set up at Lino Lakes State Bank for donations. 31 32 Councilmember Carlson asked when t -shirts would be in and where they could be purchased. Police 33 Chief Pecchia replied they should be in shortly and can be purchased at the local uniform shop. 34 35 The agenda was accepted as amended. 36 37 CONSENT AGENDA 38 39 Councilmember Reinert moved to approve the Consent Agenda. Councilmember Dahl seconded the 40 motion. 41 42 Motion carried unanimously. 43 44 ITEM ACTION 45 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED •46 A. CONSIDERATION OF EXPENDITURES: 47 48 i) September 12, 2005 (Check No. 74629 - 49 74765, $742,243.97) Approved 50 51 ii) Centennial Fire District (Check No. 14866 - 52 14891, $15,881.50) Approved 53 54 B. CONSIDERATION OF RESOLUTION NO. 05-128, 55 APPROVING APPLICATION FOR EXEMPT 56 PERMIT, PACE (PAPER, ALLIED -INDUSTRIAL, 57 CHEMICAL & ENERGY WORKERS) 58 INTERNATIONAL UNION, LOCAL #7-0264 Approved 59 60 C. CONSIDERATION OF APPROVING 61 CANVASSER/SOLICITOR LICENSE FOR 62 CLEAN WATER ACTION ALLIANCE OF MN Approved 63 64 D. CONSIDERATION OF APPROVING 65 APPLICATION FOR BLOCK PARTY, 66 PELICAN PLACE Approved 67 • 68 E. CONSIDERATION OF APPROVING 69 APPLICATION FOR PEDDLER/TRANSIENT 70 MERCHANT LICENSE TO TAP ENTERPRISES Approved 71 72 F. CONSIDERATION OF RESOLUTION NO. 05-132, 73 SETTING TRUTH -IN -TAXATION HEARING 74 DATE Approved 75 76 G. CONSIDERATION OF MINUTES OF 77 AUGUST 17, 2005 COUNCIL WORK SESSION Removed 78 79 II. CONSIDERATION OF MINUTES OF 80 AUGUST 22, 2005 CITY COUNCIL MEETING Removed 81 82 FINANCE DEPARTMENT REPORT, AL ROLEK 83 84 A. Consider Resolution No. 05-130, Adopting Proposed 2006 General Operating Budget 85 86 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 87 88 Councilmember Carlson asked about an offset due to additional properties on the tax role. Finance •89 Director Rolek stated the tax rate would soften any increase in property values. 90 2 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED • 91 Councilmember Carlson asked about future changes needed in the police department due to events of 92 the weekend. She also asked about police department retirement benefits. Finance Director Rolek 93 stated the budget could change; however, the open position will likely be filled this year. He added 94 benefits would be reviewed. 95 96 Councilmember Stoltz asked about the market value homestead credit that has been suspended. 97 Finance Director Rolek replied since the program has been suspended for the last four years the 2006 98 budget was approached with the program as a permanent loss. 99 100 Councilmember Stoltz moved to approve Resolution No. 05-130, Adopting Proposed 2006 General 101 Operating Budget. Councilmember Reinert seconded the motion. 102 103 Councilmember Carlson stated she is going to support this because of the limited budget increase and 104 growth in the City. 105 106 Motion carried unanimously. 107 108 Resolution No. 05-130 can be found in the City Clerk's office. 109 110 B. Consider Resolution No. 05-131, Adopting Preliminary 2005/06 Property Tax Levy 111 112 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. •13 114 Councilmember Dahl moved to approve Resolution No. 05-131, Adopting Preliminary 2005/06 115 Property Tax Levy. Councilmember Stoltz seconded the motion. 116 117 Motion carried unanimously. 118 119 Resolution No. 05-131 can be found in the City Clerk's office. 120 121 C. Consider Resolution No. 05-133, Providing for the Issuance and Sale of Approximately 122 $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A 123 124 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. He 125 introduced Terri Heaton, Springsted Inc., who stated the estimated interest rate is 5.49% and the 126 assessment rate will cover 100% so there will be no tax levy. 127 128 Councilmember Carlson asked about the underwriter's discount and the cost of issuance. She added 129 the underwriter's fee seems high. Ms. Heaton replied the underwriter's discount is an estimate while 130 the issuance cost encompasses about five different parties. 131 132 Councilmember Carlson asked about bond dollars going to Legacy improvements and being paid 133 back by TIF funds. Ms. Heaton replied no, they are special assessments to the developer. •134 3 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED W35 Councilmember Stoltz asked what is the general obligation bond credit rating and has it been 36 upgraded recently. Ms. Heaton replied Al. Finance Director Rolek stated in 2004 it went from A2 to 137 Al according to Moody's but they are not usually upgraded that frequently. 138 139 Councilmember Reinert moved to approve Resolution No. 05-133, Providing for the Issuance and 140 Sale of Approximately $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A. 141 Councilmember Stoltz seconded the motion. 142 143 Councilmember Carlson suggested Council make the community green "Shawn Silvera Community 144 Green". Mayor Bergeson replied it would be added for future work session discussion. 145 146 Mayor Bergeson stated although there are a lot of fees bonds are much cheaper than other alternatives. 147 148 Motion carried unanimously. 149 150 Resolution No. 05-133 can be found in the City Clerk's office. 151 152 D. Consider Resolution No. 05-134, Providing for the Issuance and Sale of Approximately 153 $3,945,000 General Obligation Improvement Refunding Bonds, Series 2005B 154 155 Finance Director Rolek summarized the Staff report, indicating Staff recommends approval. 156 •t 57 Councilmember Stoltz moved to approve Resolution No. 05-134, Providing for the Issuance and Sale 158 of Approximately $3,945,000 General Obligation Improvement Refunding Bonds, Series 2005B. 159 Councilmember Carlson seconded the motion. 160 161 Motion carried unanimously. 162 163 Resolution No. 05-134 can be found in the City Clerk's office. 164 165 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 166 167 There was none. 168 169 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 170 171 There was none. 172 173 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 174 175 There was none. 176 • 4 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED W77 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 78 179 A. Consideration of Resolution No. 05-141, Approving First Amendment to Development 180 Contract, Legacy at Woods Edge, Michael Grochala 181 182 Economic Development Coordinator, Mary Divine summarized the Staff report, indicating Staff 183 recommends approval. 184 185 Councilmember Reinert moved to adopt Resolution No. 05-141, Approving First Amendment to 186 Development Contract, Legacy at Woods Edge. Councilmember Stoltz seconded the motion. 187 188 Motion carried unanimously. 189 190 Councilmember Carlson stated concerns because the developers are currently in default on paying the 191 mortgage; however, since businesses want to see the project move along she will vote for this. 192 193 Resolution No. 05-141 can be found in the City Clerk's office. 194 195 B. Consider SECOND READING of Ordinance No. 05-05, Amending Sign Ordinance to 196 Address Temporary Signage and Additional Wall Signs, Jeff Smyser 197 198 Mayor Bergeson asked if there was anyone wishing to speak on this issue. There was none. 0199 200 Councilmember Dahl moved to table this item. Councilmember Reinert seconded the motion. 201 202 Motion carried unanimously. 203 204 C. Consider SECOND READING of Ordinance No. 07-05, Amending Zoning Ordinance to 205 Regulate Exterior Building Materials for Commercial, Industrial, and Institutional 206 Structures, Jeff Smyser 207 208 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. 209 210 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 07-05, 211 Amending Zoning Ordinance to Regulate Exterior Building Materials for Commercial, Industrial, and 212 Institutional Structures. Councilmember Dahl seconded the motion. 213 214 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 215 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 216 217 Ordinance No. 07-05 can be found in the City Clerk's office. 218 219 D. Public Hearing, Consider FIRST READING of Ordinance 08-05, Vacating Street and 220 Utility Easement, Rice Lake Professional Center, Paul Bengston W221 5 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED giN22 Community Development Director Grochala summarized the Staff report, indicating Staff W23 recommends approval. 224 225 Mayor Bergeson opened the public hearing at 7:18 p.m. 226 227 There was no one wishing to speak. 228 229 Mayor Bergeson closed the public hearing at 7:18 p.m. 230 231 Councilmember Stoltz moved to approve the FIRST READING of Ordinance No. 08-05, Vacating 232 Street and Utility Easement, Rice Lake Professional Center. Councilmember Reinert seconded the 233 motion. 234 235 Motion carried. Councilmember Carlson voted yea. Councilmember Dahl voted yea. 236 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 237 238 E. Consideration of Resolution No. 05-138, Approving Joint Powers Agreement with Anoka 239 County, I-35W/Lake Drive Preliminary Design Cost Share, Michael Grochala 240 241 Community Development Director Grochala summarized the Staff report, indicating Staff 242 recommends approval. 243 .44 Councilmember Carlson asked where the City portion is coming form. Community Development 245 Director Grochala replied it is provided out of tax increment financing set up through the project. 246 247 Councilmember Carlson asked if there are two property owners will there be dual notification. 248 Community Development Director Grochala replied correct. 249 250 Councilmember Carlson moved to adopt Resolution No. 05-138, Approving Joint Powers Agreement 251 with Anoka County, I-35W/Lake Drive Preliminary Design Cost Share. Councilmember Dahl 252 seconded the motion. 253 254 Motion carried unanimously. 255 256 Resolution No. 05-138 can be found in the City Clerk's office. 257 258 F. Consideration of Resolution No. 05-139, Calling for Election, 2007 Street Reconstruction 259 Project (West Shadow Lake Drive Area), Michael Grochala 260 261 This item has been considered later in the agenda. 262 263 G. Consideration of Resolution No. 05-135, Accepting Petition Against Improvements, 264 Shenandoah Area, Jim Studenski 265 W66 Mayor Bergeson has requested Councilmember Stoltz be Acting Mayor for this agenda item. 6 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED .67 68 Community Development Director Grochala summarized the Staff report, indicating Staff 269 recommends approval. 270 271 Councilmember Carlson asked how many possible lots were to be assessed. Community 272 Development Director Grochala replied 68 parcels. He added the petition, after checking Anoka 273 County Records, confirmed 39 of the 68 parcels, which resulted in 57% against the improvements. 274 275 Acting Mayor Stoltz asked if anyone wished to speak on this issue. There was none. 276 277 Councilmember Carlson moved to adopt Resolution No. 05-135, Accepting Petition Against 278 Improvements, Shenandoah Area. Councilmember Dahl seconded the motion. 279 280 Motion carried unanimously. 281 282 Resolution No. 05-139 can be found in the City Clerk's office. 283 284 F. Consideration of Resolution No. 05-139, Calling for Election, 2007 Street Reconstruction 285 Project (West Shadow Lake Drive Area), Michael Grochala 286 287 Mayor Bergeson has requested Councilmember Stoltz be Acting Mayor for this agenda item. 288 *89 Community Development Director Grochala summarized the Staff report, indicating Staff 290 recommends approval. 291 292 Councilmember Carlson asked if the road right-of-way was obtained at the time existing houses were 293 built and, if not, would the property owners be reimbursed. Community Development Director 294 Grochala replied they would be constructing improvements within the existing right-of-way and 295 easements might be needed for stormwater drainage improvements. He added if land is needed 296 property owners would be reimbursed. 297 298 Councilmember Carlson stated the character of the road should be reserved and asked about funding 299 for the loss of trees. Community Development Director Grochala replied only trees in the right -of - 300 way would be removed, but would be replaced elsewhere. 301 302 City Engineer Studenski stated tree removal was minimized in the design and contingency dollars 303 placed within the plan. Councilmember Carlson asked if these dollars are from the park general fund. 304 Community Development Coordinator Grochala replied they are laid out within the project scope. 305 306 Councilmember Carlson expressed concern owners did not know whether the petition was for the 307 project or for a feasibility study. Attorney Sullivan replied Council has an obligation to make sure the 308 public knows what they were signing. He referenced the Charter provisions noting it has a fail safe 309 that after a hearing the public has 60 days to petition against the project. .310 7 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED W11 Councilmember Reinert stated a levy question on the ballot is how Lino Lakes reconstructs roads, and 12 asked if language could be put on the ballot communicating this. He requested the communication 313 plan for this item be put on the next work session agenda. Community Development Director 314 Grochala replied since there already is a lot of text on the ballot he would not recommend adding this 315 language, but will try to provide information such as a brochure identifying the project and details. 316 317 Councilmember Dahl asked if it takes 25% of owners to petition for or against. Community 318 Development Grochala replied the Charter specifies a minimum of 25% of property owners to be 319 assessed. He added in the absence of a petition with 25% or more Council needs to initiate a 4/5 vote. 320 321 Councilmember Dahl noted 15 people that signed the feasibility study petition signed the petition 322 against and asked how this affects the petition. Attorney Sullivan replied owners could sign both 323 petitions; they can decide against the project within the 60 -day window. Community Development 324 Director Grochala stated out of 69 owners 20 are against, which does not meet the criteria. 325 326 Councilmember Dahl suggested Council recognize the second petition then vote. Acting Mayor 327 Stoltz replied the second petition is duly noted. 328 329 Acting Mayor Stoltz opened the issue for public comment. 330 331 Mike Trehus, 675 Shadow Court, stated he would be assessed $40,000 with no benefit. The petition 332 was for a feasibility study and contrary to the understanding of owners the City treated it as a petition 0333 for the project. The school district has a parcel with nine lots but if charged for one what happens to 334 the assessments for everyone else. Community Development Director Grochala stated if the school 335 receives one assessment, based on a change of land use this would not change assessments across the 336 board but would change the cost portion the City is picking up as a part of the street improvements. 337 338 Chris Bretoi, 6779 West Shadow Lake Drive, stated he signed the original petition and it was clear it 339 was a feasibility study only with no commitment to property owners. He added people were 340 interested in this study because of streets in need of repair and failing septic systems. He noted he 341 finds it interesting the petition for a feasibility study evolved into a request for improvements. He 342 suggested there should be a referendum that would arrive at more of a consensus. 343 344 Kim Fossey, 6900 West Shadow Lake Drive, stated previously there was conflicting cost estimates 345 with regard to sewer and water. Since the study was done and costs were received, some property 346 owners changed their mind; however for the dollar amount they are getting a good value and you 347 cannot put a price on fire protection. 348 349 Curt Kinghorn, 6769 West Shadow Lake Drive, stated he signed the petition for a feasibility study. 350 He noted many trees on his property will be removed and the unique neighborhood should not be 351 turned into something else. From the feasibility study Staff decided City water and sewer was the 352 only option, with cost being the only undecided issue. He suggested Staff provide a range of options 353 and let the neighborhood decide. He added a number of people are against the project but do not want 354 to say it because the project helps their neighbors. Community Development Director Grochala stated *355 several options could be evaluated but there are limitations on what can be done. The City does not 8 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED 56 have the authority to spend tax dollars to rebuild a street so voters are being asked to approve a street W57 project, which is evaluating water and sewer. 358 359 Joe Meyer, 6988 West Shadow Lake Drive, stated the street is one of the worst in the City and needs 360 to be repaired. He noted the sewer system is a huge problem and there is no water for fire fighting. 361 He added moving forward tonight does not mean the project is approved; items can still be discussed. 362 363 Pat Smith, 6922 West Shadow Lake Drive, stated the Charter has unfortunate elements but it is the 364 only process for road improvements in the community. He added a petition has been submitted, a 365 feasibility study done, and asked now what is Council's responsibility. Attorney Sullivan replied 366 Council could say no to the resolution. 367 368 Mr. Trehus stated with regard to fire safety the City should have equipment that can pump water out 369 of the lakes. If the City has equipment, fire safety concerns are invalid; however, if they do not it 370 would be cheaper to alter one of the tanker trucks than put in a road. He added when the feasibility 371 study was submitted Council should have asked how many owners were in favor of the project. 372 373 Mr. Smith requested clarification the feasibility study was adopted to get cost information. He added 374 after costs were given to owners they had the right within 60 days after the hearing to petition against 375 the project. He requested Council move forward. 376 377 Councilmember Dahl asked if the project were approved, would those owners who signed the petition 078 against improvements be assessed. Community Development Grochala replied correct. 379 380 Acting Mayor Stoltz asked what was spent on feasibility studies. Community Development Director 381 Grochala replied the Shenandoah project was $35,000 and West Shadow Lake Drive was $55,000. 382 383 Acting Mayor Stoltz closed the issue for public comment. 384 385 Councilmember Reinert moved to adopt Resolution No. 05-139, Calling for Election, 2007 Street 386 Reconstruction Project (West Shadow Lake Drive Area). Councilmember Stoltz seconded the motion. 387 388 Councilmember Reinert stated the vote tonight is whether or not to put this on the ballot for the 389 people of Lino Lakes to decide. 390 391 Motion carried unanimously. 392 393 Resolution No. 05-139 can be found in the City Clerk's office. 394 395 Mayor Bergeson recessed the meeting at 9:07 p.m. 396 397 Mayor Bergeson reconvened the meeting at 9:17 p.m. 398 399 H. Consideration of Resolution No. 05-136, Approving Change Order No. 1R and Payment Irt00 Request No. 6R, Birch/Hodgson Street Improvements, Jim Studenski 9 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED Alk401 02 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 403 404 Councilmember Carlson asked what is the amount of the change and was it on stoplights. City 405 Engineer Studenski replied the change amount is $54,125, whereby $38,000 is water main relocation. 406 407 Mayor Bergeson moved to adopt Resolution No. 05-136, Approving Change Order No. 1R and 408 Payment Request No. 6R, Birch/Hodgson Street Improvements. Councilmember Stoltz seconded the 409 motion. 410 411 Motion carried unanimously. 412 413 Resolution No. 05-136 can be found in the City Clerk's office. 414 415 I. Consideration of Resolution No. 05-137, Accepting Bids and Awarding Construction 416 Contract, 2005 Surface Water Management Project, Jim Studenski 417 418 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 419 420 Councilmember Carlson moved to adopt Resolution No. 05-137, Accepting Bids and Awarding 421 Construction Contract, 2005 Surface Water Management Project, to Jay Brothers, Inc. 422 Councilmember Dahl seconded the motion. •23 424 Motion carried unanimously. 425 426 Resolution No. 05-137 can be found in the City Clerk's office. 427 428 J. Consideration of Resolution No. 05-140, Accepting Metropolitan Council Conditions for 429 Receipt of $450,000 LCA Demonstration Grant, Michael Grochala 430 431 Community Development Director Grochala summarized the Staff report, indicating Staff 432 recommends approval. 433 434 Councilmember Carlson noted a 1990s resolved comp plan amendment for about $25,000, and asked 435 if that money would be refunded. Community Development Director Grochala replied the money has 436 already been collected and set aside as part of the improvement costs. 437 438 Councilmember Reinert moved to adopt Resolution No. 05-140, Accepting Metropolitan Council 439 Conditions for Receipt of $450,000 LCA Demonstration Grant. Mayor Bergeson seconded the 440 motion. 441 442 Motion carried unanimously. 443 444 Resolution No. 05-140 can be found in the City Clerk's office. •445 10 COUNCIL MINUTES SEPTEMBER 13, 2005 APPROVED Ake46 UNFINISHED BUSINESS 47 448 There was none. 449 450 NEW BUSINESS 451 452 There was none. 453 454 COMMUNITY CALENDAR SEPTEMBER 13, 2005 THROUGH SEPTEMBER 26, 2005: 455 456 A) Wednesday, September 14, 2005, 6:30 p.m., Planning & Zoning Board Meeting 457 B) Wednesday, September 21, 2005; 5:30 p.m., Council Work Session 458 C) Monday, September 26, 2005, 6:30 p.m., City Council Meeting 459 460 ADJOURN 461 462 There being no further business, Councilmember Dahl moved to adjourn at 9:25 p.m. Councilmember 463 Stoltz seconded the motion. 464 465 Motion carried unanimously. .66 467 468 46' 47 i �'�/�. 471 Jean ' ige , Deputy City er John :,•geson, ay 472 These minutes were considered and approved at the regular Council Meeting, October 10, 2005. 473 Trans : - d by: 474 Cheryl Felix 475 TimeSaver Off Site Secretarial, Inc. 476 • 11