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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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