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HomeMy WebLinkAbout07/07/2008 Council MinutesII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 •45 46 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT APPROVED CITY OF LINO LAKES MINUTES : July 7, 2008 . 5:35 p.m. . 9:25 p.m. : Council Members O'Donnell, Reinert, Stoltz and Mayor Bergeson : Council Member Gallup Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Director of Public Safety, Dave Pecchia; Finance Director, Al Rolek; Public Services Director, Rick DeGardner; Economic Development Coordinator, Mary Alice Divine; 1. Centennial Utilities Gas Franchise Fees - V. Reinert - Mr. Vernon Reinert was not able to attend the work session and will be invited to future meeting. Therefore this item was not discussed. 2. Charter Amendment Public Information - Economic Development Coordinator Divine requested direction in the area of a communication plan (city -sponsored public information effort) regarding the charter amendment ballot issue (the council has an established goal to update the City Charter to reflect and facilitate current and future needs of the city). She reviewed past efforts in this area that included use of the city newsletter, fact sheet mailings, the city Website, press releases, open houses and cable television. Given the complexity of the current question, staff is recommending that the city employ the services of a public relations consultant as well as receive consulting assistance in the financing and legal areas. The Citizens' Task Force should also be involved and contributors to the city's communication plan. Based on the required schedule for consideration of a charter amendment, a communication plan should be prepared in September for delivery in early to mid-October. Ms. Divine requested council direction in whether or not communication consulting should be engaged to develop and implement a communication plan. If directed by the council to move forward in that direction, Ms. Divine will report back with a proposal at the council's August work session. It was clarified that if a ballot question is put forward, the actual wording would be drafted by legal counsel for consideration by the council. The council discussed the possibility of having two differing ballot questions (one from the council and one from the charter commission) and how a communication plan would fit into such a scenario. An update on the charter commission's current position was requested with an opportunity given to the commission to present that in person at a meeting in August or, if they'd prefer, submittal of a written response. Administrator Heitke noted that the information provided to the public ahead of time will be key since the ballot language will be limited. • • • CITY COUNCIL WORK SESSION -2- July 7, 2008 APPROVED 47 The council concurred that professional assistance may be required. There was concern 48 noted about putting only the facts on the table and working with the charter commission 49 because this is a complicated issue that could spin out of control; they don't want the real 50 message to get lost. The council would like to remain informed about the rules of 51 balloting and passage of amendments as those rules will relate to an amendment proposal 52 for the city. 53 54 3. Centennial Fire District funding formula — Administrator Heitke noted that the 55 council agreed to review the funding formula for the fire district and he is providing 56 additional information to allow for that review. The staff letter includes the joint powers 57 agreement that establishes the funding formula, the city's contribution for the past eleven 58 years, the 2008 funding formula, the cost per citizen since 1990 and a cost analysis relating 59 to valuation since 1990. The joint powers agreement provides that when any one member 60 (city) reaches a contribution percentage over 70%, they may request a reevaluation of the 61 formula; the City of Lino Lakes is currently contributing 69%. Administrator Heitke 62 reviewed the cost analyses information provided as well as data on runs as well as 63 constants and variables. 64 65 It was suggested that the question to the council is whether or not they want to look at this 66 before the ratio reaches the 70% threshold. There was concurrence that a review will be 67 automatic at 70% but, in the meantime, it is due diligence to review the numbers 68 occasionally and it was a good exercise at this point to ensure that the city has a fair deal. 69 70 4. Work Session Budget Guidance — Finance Director Rolek noted that staff is still 71 in the process of formulating and submitting to the Finance Department their budget 72 requests. The actual levy limit is not known at this point and is not required to be provided 73 until September 1. The council has scheduled a budget work session for August 18. Staff 74 has received direction from the council regarding maintenance of the tax rate and is open 75 to any further recommendations or directions from the council at this point. At the budget 76 work session, Director Rolek anticipates having some preliminary information and it is 77 important that the council receive a view of what next year's budget looks like at this 78 point. 79 80 5. Town Center Update - Economic Development Coordinator Divine updated the 81 council on the development end of the Town Center project and Finance Director Rolek 82 provided an update on the financial side of the project. 83 84 Ms. Divine reported that Marshall Investments has foreclosed on the remaining property 85 owned by Hartford Group in the Legacy at Woods Edge project. Marshall represents the 86 28 servicing banks involved and has hired a marketing agent, JBL Companies, with whom 87 staff has met and is currently working. The marketing plan currently involves putting 88 together a consortium of specialized developers for housing, senior housing, commercial 89 and office space on the site. 90 91 The council reaffirmed their commitment to maintaining the original nature of this planned 92 development and to not succumb to selling out to development that doesn't fit those plans. CITY COUNCIL WORK SESSION -3- July 7, 2008 APPROVED •93 94 Finance Director Rolek reported that what the city has with this development is a debt 95 obligation on the public improvements within the development area. The debt service is 96 about $530,000 per year — principal paid in February and interest paid in August. Some of 97 that has been paid in 2008 because there were funds associated with the hotel and housing 98 that was prepaid. The upcoming August payment is somewhat covered but the real 99 shortage will occur in February 2009 if there is no additional funds received. While 100 Marshall has indicated that they intend to make the assessment payment that has not 101 occurred (agreement is required among the 28 banks involved). Mr. Rolek, regarding the 102 debt obligation, recalled that he has previously presented to the council two options to pay 103 any debt service shortfalls — an interfund loan or a general tax levy. A third option was 104 brought to light by the city's financial consultant. As allowed under state law, some or all 105 of the outstanding bonds could be refunded and restructured to accommodate the current 106 and prospective cash flow, with additional expense however. He has also spoken with the 107 county officer who deals with property foreclosure and tax forfeiture and learned that 108 forfeiture for the properties would not take place until May of 2010 if not paid by that 109 time. He recommends that staff and the council examine all the alternatives in order to 110 make an informed decision. 111 112 Council Agenda Item #1B, Reject waiver of monetary limits on tort liability - Finance 113 Director Rolek noted that the council had some question about this matter and it was pulled 114 from the last council agenda. The memo included in the packet is very explanatory. •115 Basically, the city has certain tort limits under state law and our insurance covers us to 116 those limits. The city has the opportunity to work within the limits or waive them to some 117 extent but by waiving those limits the city is open to higher insurance costs. The city has 118 traditionally rejected the waiver of monetary limits. 119 120 6. Proposals for Legal Services - Administrator Heitke explained that the idea of 121 soliciting proposals for civil and criminal legal services is something that the council 122 directed last year. During the interim, staff held off on the process due to some ongoing 123 legal situations as well as to give the current servicer the opportunity to go through some 124 changes and decide how their services would evolve. The RFPs have been sent out, using 125 the League of Minnesota Cities vendor list as a guide, to the firms that are interested and 126 working in the area. Eight proposals were received and key points have been summarized 127 and provided to the council. A department directors review of the key issues that affect 128 legal services as well as consideration of the depth of the services offered, culminated in 129 the recommendation of two firms — Campbell Knutson P.A. and Kennedy & Graven 130 Chartered. Only the proposals for civil legal services are being presented at this time; the 131 criminal service proposals will be presented at the next work session (Police Chief Pecchia 132 was out of the office for the review). Staff seeks direction on moving forward in a process 133 to select city attorney services. 134 135 The council requested that the top three firms and the Hawkins firm be invited to attend the 136 next council work session for a brief presentation of their services and to allow for a •137 question and answer period. 138 • • • CITY COUNCIL WORK SESSION -4- July 7, 2008 APPROVED 139 7. Xcel Utility Franchise Agreement — Administrator Heitke recalled that the 140 council reviewed a draft franchise agreement with Xcel Energy at the last work session. In 141 response to concerns about limiting language in the proposed ordinance, the consulting 142 attorney has provided a memorandum that explains that there are legally no limitations but 143 the fees must be reasonable (not yet determined by courts). Additionally there is no law 144 that requires fees on any or all utilities. The proposed ordinance reflects the removal of 145 limitations and would leave the city ready to negotiate with Xcel Energy. In response to 146 discussion about how many cities are instituting the fees, Mr. Heitke suggested that the 147 trend is certainly to add the fees as cities are revisiting these generally old franchise 148 agreements. The providers prefer a flat meter fee with tiers for business/commercial use. 149 150 The council discussed the impact of fees on consumers as well as the option of putting 151 language into an agreement so there is an option of implementing in the future. The 152 council agreed to an agreement with a seven percent franchise fee cap on gross revenues 153 (matching Centennial Utilities) and to change the term of the agreement from twenty to ten 154 years. Further the council would like some legal advice on whether and how they could 155 include a freeze on implementation. 156 157 8. Goals and Objectives Quarterly Update — Administrator Heitke and the 158 department directors reviewed the report and update on goals. 159 160 9. Amending Park Dedication Fees — Public Services Director DeGardner reported that 161 staff has reviewed the current park dedication fee and, based on updated assumptions and 162 data presented in the staff report, is recommending that it be increased from $2,075 163 to$2,500 per unit. Staff may wait until January to make the necessary amendment to the 164 Fee Schedule but wanted to get a council direction. The city attorney recommended 165 against writing in an allowance for future inflationary increases; it's something that should 166 be considered when you can link the fees to actual values. The last increase occurred in 167 2004. 168 169 The council concurred with the proposed process to increase the fees. 170 171 10. Process for Cancellation of Regular Council meetings and Council Work 172 Sessions (requested by Bergeson and Reinert) - The Mayor recently took the authority 173 to cancel a pre -council work session and that authority was questioned by a council 174 member. The question of that authority was brought to the League of Minnesota Cities 175 who suggested that it is an internal question that the council itself should decide. 176 177 The council concurred that the question of cancelling a meeting should be posed to the 178 whole council and majority rules. 179 11. Regular Council Meeting Agenda of July 7 — There were no changes to the regular 180 agenda. 181 CITY COUNCIL WORK SESSION -5- July 7, 2008 APPROVED 182 The meeting was adjourned at 9:25 p.m. • 183 184 These minutes were considered, corrected and approved at the regular Council meeting 185 held on July 28, 2008. 186 187 188 189 • 190 191 Julianne B ell, City C k B eson, or 192 193 • •