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HomeMy WebLinkAbout03/09/1998 Council Minutes• • COUNCIL MINUTES MARCH 9, 1998 CITY OF LINO LAKES MINUTES DATE : March 9, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 8:15 P.M. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden, and Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; and City Clerk, Marilyn Anderson SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: February 4, 1998 Work Session February 23, 1998 Regular Session DISBURSEMENTS: February 28, 1998 ($63,458.48) Approved March 9, 1998 (Checks No. 50163 - 50247, $252,862.53) Approved Centennial Fire District Approved Mayor Sullivan reminded the group of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. COUNCIL MINUTES MARCH 9, 1998 OPEN MIKE Friends of the Parks Report Thanking Annual Supporters - Georgia Herrick, 6527 Pheasant Run, began by introducing Sharon Schmidt, Pat Huelman, Bill Frogner, and Barry Bernstein, members of the Board of Friends of the Parks. The group then presented plaques of recognition to corporate sponsors who have donated $500 or more in the past year. Ms. Herrick explained that many sponsors have donated for a number of years. These funds are used for neighborhood parks, trails, and performances, enhancing the recreational and arts programs and projects for Lino Lakes. Plaques were presented to the following individuals representing their respective businesses: Denny Fredrickson, Ace Solid Waste Randy Molin, Molin Concrete Products Deb Stanbaugh, Olson, Theal and LTD Bob Gotwaldt, Target Distribution Center Mayor Sullivan expressed appreciation to Friends of the Parks for their efforts through the years. CONSIDERATION OF THE CITIZENS ADVISORY GROUP 1997 REPORT, MARK LINDBLAD Mr. Lindblad presented a summary of Vision 20/20 achievements as compiled by the Citizens Advisory Group. He pointed out the five key areas of concern to members of the community; growth, environment, commercial development, education, and parks. Mr. Lindblad expressed appreciation to all who have participated in the 20/20 projects, specifically Dan Tesch and the City Staff. Through various meetings including citizens and City Staff, substantial strides have been made in conjunction with the Comprehensive Plan. Mr. Lindblad pointed out that in particular Brian Wessel and Alan Brixius have been instrumental in leading this effort. With respect to moderate growth, Mr. Lindblad explained that the 20/20 document prescribes a balance of responsible growth in the continued development of Lino Lakes. With respect to environmental issues, Mr. Lindblad highlighted the natural resources inventory and the development of a department of environment and forestry. He expressed appreciation to Council for approval of the allocation of funds for these important issues. Mr. Lindblad mentioned continuing commercial development, and stressed the importance of continuing efforts with regard to education issues in spite of the complicated jurisdictional realities. Finally, Mr. Lindblad explained that the City's partnership with the YMCA is well underway with regard to a recreational center within the Lino Lakes Town Center/Village, and work with Anoka County to develop data on trails within the Rice Creek Regional Park continues. These efforts contribute substantially to the enhancement of the City's park system. In conclusion, Mr. Lindblad once again thanked City Staff for all of its work in these areas. 2 • • COUNCIL MINUTES MARCH 9, 1998 Council Member Neal asked about the current status of the Citizens Advisory Group. Mayor Sullivan indicated that Council would review this matter with members of the Group at an upcoming work session. Mr. Lindblad added that, in response to Council requests, a chairman and vice chairman were appointed, and by-laws were drafted. Mr. Tesch pointed out that copies of the report presented at this meeting are available to citizens. Council Member Neal moved to accept the Citizens Advisory Group 1997 report, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Purchasing New Accounting Software - Ms. Vaske explained that in 1994 the Finance Department purchased FundWorks software through Tautges, Redpath for the City's accounting programs. Since that time the developer of this software has encountered difficulty in continuing support. Therefore, two proposals for replacement software were obtained and, according to Ms. Vaske, PACE software from Computer Management Systems, Inc. (CMS) would best meet the needs of Lino Lakes. Ms. Vaske indicated that it would be desirable to make the change to CMS software prior to the end of 1998 to allow for creation of the chart of accounts, establish payroll records, etc. Support costs with the current software are $21,000 annually. The cost for PACE software support beginning in 1999 would be $5,500, which represents a considerable savings to the City. In contrast to Tautges, CMS' user base is in excess of 300 clients. In addition to software, updated hardware is required. The current server is in need of repair and/or replacement. In summary the City would purchase a server and four work stations, as well as switch to Windows NT in place of Novell. Ms. Vaske pointed out that this new equipment would be moved to the new City Hall facility upon occupancy. The total cost for the replacement hardware would be approximately $25,000. Funding for this purchase would come from the General and Utility funds. Ms. Vaske explained that in 1997 investment earnings were $48,000 more than budgeted in the General Fund, and $30,000 more in the Water and Sewer Funds, for a total excess of $78,000. According to Ms. Vaske, the purchase can be designated from these excesses in 1997, with 50% from the General Fund, 25% from the Water Fund, and 25% from the Sewer Fund. Ms. Vaske added that the new software will bring the City current with reporting requirements, and will include free government updates. Council Member Lyden asked about the projected life span for the proposed PACE software. Ms. Vaske explained that there should be no need to replace this software. COUNCIL MINUTES MARCH 9, 1998 Council Member Bergeson expressed concern regarding the proposed method for financing the new equipment by incurring the proposed expense in the previous year, and that he would like to see additional information on the hardware. He indicated that it is not good practice to charge current expenditures to a prior year's fund balance. Mayor Sullivan suggested that this matter be tabled and discussed at the next Council work session. Ms. Vaske explained that the current quote from CMS would then be lost, and the cost would become considerably more. Council Member Bergeson suggested authorization of purchase of the software, and continue discussion regarding hardware and financing. Thus Staff would be able to take advantage of the current quote. Council Member Dahl asked if the quote is reliant upon the hardware and software being purchased as a package. Ms. Vaske said no, but the software cannot be run without the updated hardware. Council Member Lyden moved to approve the purchase of PACE software and new hardware, as presented. Council Member Dahl seconded the motion. Motion carried, with Council Member Bergeson and Mayor Sullivan voting no. Mayor Sullivan reiterated the need to place this matter on the agenda for the next Council work session. Consideration of Resolution No. 98 - 36, Reallocation of Community Development Block Grant (CDBG) Funding for 1998/1999 - Ms. Vaske reviewed Council's adoption of Resolution 97 - 15 on February 9, 1998, which allocated $34,801 to public services (including $18,516 toward the Senior Coordinator program). She added that on March 2, 1998, Anoka County directed that the City reallocate $8,216 from public services in order to ensure that the total public services budget would not exceed 15%. Staff requested that Council reallocate $8,216 from the Senior Coordinator's budget into the Natural Resources Inventory Study budget area, with that portion of the Senior Coordinator's salary and benefits to be funded from the General Fund. Mayor Sullivan indicated her understanding that discussions had taken place with Anoka County, who had indicated that this proposed reallocation would be acceptable. Ms. Vaske responded in the affirmative. Council Member Neal moved to adopt Resolution No. 98 - 36, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 36 can be found at the end of these minutes. 4 COUNCIL MINUTES MARCH 9, 1998 • POLICE DEPARTMENT REPORT, RENE KAULFUSS • • Consideration of Permanent Full -Time Employment of Jacqueline Bowdich as Police Department Records Clerk - Ms. Kaulfuss explained that the Police Department now has a vacancy in its clerical division due to the resignation of the full-time Records Clerk in January. This position has been advertised and posted within the various City facilities, with Jacqueline Bowdich being the only applicant. Ms. Bowdich, the current part-time Records Clerk, possesses the necessary qualifications for this position, and it is the recommendation of Police Chief Pecchia that she be considered for full-time employment in this capacity. Council Member Neal moved to approve permanent full-time employment of Jacqueline Bowdich as Police Department records clerk. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Permanent Part -Time Employment of Adam Halvorson as Police Records Clerk - Ms. Kaulfuss explained that with the approval of Ms. Bowdich's transfer to full-time employment, the part-time Records Clerk position is vacant. This position was also advertised and posted, with Adam Halvorson being the only applicant. Mr. Halvorson is a reserve officer for the Lino Lakes Police Department, and possesses the desired qualities and required abilities for the vacant position having volunteered to assist with the clerical workload from time to time while completing his internship with the Police Department. Mr. Halvorson is currently attending law enforcement classes and completing the skills portion of his studies; however, he would be available to work the required hours in this part-time capacity. Therefore, Staff recommended approval of Adam Halvorson as part-time Records Clerk. Council Member Bergeson requested clarification that the schedule and description of this part- time position remains unchanged, to which Ms. Kaulfuss responded in the affirmative. Council Member Lyden moved to approve permanent part-time employment of Adam Halvorson as police Records Clerk. Council Member Neal seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of Resolution No. 98 - 36 Opposing U.S. West's Plan for Area Code Split in Lino Lakes - Mr. Tesch explained that development of this resolution is in direct support of the Minnesota Public Utilities Commission's original order regarding adherence to municipal boundaries when considering division of the metropolitan area into separate area codes. He added that the entire city of Lino Lakes is scheduled to be changed to the 651 area code by the end of 1998, but that U.S. West has indicated that it will be unable to accomplish the technical changes necessary to accommodate that deadline. The result would be two area codes for Lino Lakes, which is contrary to the City's overall community identity mission and, therefore, unacceptable. Mr. Tesch indicated that the proposed resolution would be submitted to the PUC, COUNCIL MINUTES MARCH 9, 1998 area representative in St. Paul, and the Governor of Minnesota within the period remaining for response, which is scheduled to end on March 18. Mayor Sullivan stressed that the PUC has directed U.S. West to recognize Lino Lakes municipal boundaries. She added that U.S. West is contesting this directive based upon its current wiring system, suggesting division of the City diagonally from its northeast to southwest corners. At its recent meeting with U.S. West, the City indicated preference to stay with area code 612 rather than be divided in the event area 651 could not be provided to the entire municipality. Council Member Bergeson requested clarification of the exact dividing line, and it was suggested that it could be through a neighborhood with residents on one side of a street having a different area code from those on the other side. Council Member Lyden moved to adopt Resolution No. 98 - 36, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 36 can be found at the end of these minutes. Consideration of Authorizing a Search Firm to Hire a City Administrator - Mr. Tesch explained that on February 25, 1998 City Council and Staff interviewed Personnel Decisions International and Brimeyer and Associates in connection with hiring a new City Administrator. He presented the proposals of these organizations for Council consideration, indicating no staff recommendation and a request for Council consensus. Council agreed that, although both firms appear to be well qualified, Personnel Decisions International (PDI) would be preferred. Council Member Lyden moved to authorize retaining Personnel Decisions International to conduct a search for City Administrator candidates. Council Member Bergeson seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT Final Plat - Miller's South Glen 2nd Addition - Ms. Wyland explained this request by Rick Carlson for approval of the final plat for Miller's South Glen, Second Addition. This plat received preliminary approval by Council in May of 1997. The first addition was approved on July 14, 1997, at which time the City accepted the contribution of $98,000 from Mr. Carlson for reconstruction of Ware Road. This contribution is for both phases of Miller's South Glen. A development agreement and financial guarantees are in place for the second addition, Council has approved the additional dedicated park land, and the City Attorney has reviewed the final plat determining that the title work is in order. The City Engineer has also reviewed the final plat, and Staff recommended approval. 6 • • • COUNCIL MINUTES MARCH 9,1998 Council Member Bergeson requested clarification that the Planning & Zoning Board had reviewed this proposal. Ms. Wyland explained that Planning & Zoning approved Miller's South Glen 2nd Addition on February 12, 1997. Mayor Sullivan pointed out that approval of this final plat does not require a 4/5 vote. Council Member Lyden asked about variation in lot line angles, and it was suggested that the requirement for the two corner lots to have a specific amount of frontage might be the cause for the angled delineation. Council Member Bergeson commented that neither addition connects to other developments, but that the cross street extends further to the east allowing for future connection. Mayor Sullivan asked if any neighborhood issues remain, and Ms. Wyland explained that the only significant issue is the improvement of Ware Road which was addressed and resolved through Mr. Carlson's contribution. Ms. Wyland added that drainage issues have also been addressed by Mr. Carlson. Council Member Bergeson moved to approve the final plat for Millers South Glen, 2nd Addition, as presented. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. SECOND READING, Ordinance No. 01 - 98, Telecommunications - Ms. Wyland explained that this proposed zoning ordinance amendment requires a 4/5 vote for approval by Council. Detailed discussion at its February 23, 1998 meeting resulted in Council's approval of the first reading of this ordinance with the addition of Section 3, Subd. 15.G.1.a.3 prohibiting the location of personal wireless service antennas on single-family detached residential dwellings. Ms. Wyland stated that in all other respects the proposed ordinance remains the same as at the time of the first reading. Council Member Lyden moved to approve the SECOND READING of Ordinance No. 01 - 98, Telecommunications, as presented. Council Member Neal seconded the motion. Roll call vote determined approval to be unanimous. Ordinance No. 01 - 98 can be found at the end of these minutes. Comprehensive Plan Update - Mr. Wessel explained that during the past three (3) weeks there have been four (4) Comprehensive Plan Task Force meetings, the first three (3) being presentation of material, including the citizens forum. He stated that all meetings were well attended, but that there have been requests from a number of residents for a change in the overall process which would allow for availability of relevant information prior to meetings, more discussion reviewing commentary and issues, and Task Force closure to the issues presented. Mr. Wessel explained that these requests have been addressed through a format change, which resulted in a more interactive and participatory session. COUNCIL MINUTES MARCH 9, 1998 On Thursday, March 12, the Task Force meeting will relate to District 4, and over the next four (4) Thursdays meetings will take place, at 6:00 p.m., covering the remaining districts (4, 5 and 6). Mr. Wessel encouraged citizen participation. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Accepting Proposal for Preparation of Comprehensive Sanitary Sewer Plan and Comprehensive Water Plan - Mr. Ahrens explained that the City is currently in the process of updating its Comprehensive Plan, including land use and transportation components. In addition, the City must update its sanitary sewer and water comprehensive plans. Staff has solicited requests for proposals (RFPs) from the City's three (3) engineering consultants regarding preparation of comprehensive sewer and water plans. The resulting proposals are summarized as follows: TKDA, Inc. OSM, Inc. SEH, Inc. $25,050 $55,000 $55,000 Mr. Ahrens then explained that the 1998 sewer and water budgets include $25,000 respectively ($50,000 total) to complete the plans; therefore, with acceptance of TKDA;s proposal, the City would remain considerably under budget for these items. TKDA has completed similar work for Lino Lakes, and has adequate experience in completing the necessary work on schedule. Staff recommended Council approval allowing for TKDA to prepare the City's comprehensive sanitary sewer plan and comprehensive water plan. Mayor Sullivan requested an explanation of the substantial difference between TKDA's bid and those of the other two consulting firms. Mr. Ahrens opined that the current workload might have resulted in a more aggressive bid by TKDA, and that previous work for Lino Lakes in these areas would necessitate less background research. Council Member Bergeson asked about the time frame for the sewer and water lines. Mr. Ahrens explained that these plans coincide with 20/20 requirements, land use plans, and the infrastructure to support that land use. Council Member Lyden expressed concern that when the Comprehensive Plan is put into practice timelines will not actually live up to the projected longevity, and that perhaps the proposed plan preparation might be an overextension for the City. Mr. Ahrens responded by stating that there is a need for these planning tools for use in future land use and development decisions. Additionally, Mr. Ahrens indicated that the Metropolitan Council is requiring much of this work. 8 • • • COUNCIL MINUTES MARCH 9, 1998 Council Member Dahl asked when this would be done. Mr. Ahrens stated in conjunction with the Comprehensive Plan, allowing for completion of sanitary sewer and water system plans within one month of land use plans. He added that the compilation of information would begin immediately, with work continuing through the summer. Council Member Dahl also questioned the difference between TKDA's proposal and those of the other two firms. Mr. Ahrens indicated that he conducted a thorough review of the proposals, especially in light of the significant difference in projected cost. He added that he is satisfied that TKDA's proposal is complete and adequately addresses the City's requirements. Council Member Bergeson suggested the possibility that the total cost could increase. Mr. Ahrens acknowledged that a "not -to -exceed" stipulation was not included in this request for proposal, and that increased workload could result in additional cost. Mayor Sullivan asked if Council's approval could be made contingent upon the bid amount being guaranteed. City Attorney Hawkins pointed out that a change in work scope from that included in the request for proposal would result in a change in cost. Mr. Ahrens added that even with a "not -to -exceed" stipulation, there is a provision that additional fees would be appropriate in the event unforeseen increases in work occurred. Mayor Sullivan indicated reluctance to approve acceptance of TKDA's approval without a cap on cost. City Attorney Hawkins suggested additional review of this matter with an eye toward formalizing a cap on fees. Council Member Dahl requested additional information regarding the other two consulting firms' proposals. Council Member Bergeson suggested that Mr. Ahrens and City Attorney Hawkins could assess the other proposals and report back to Council. City Attorney Hawkins suggested that the first course of action should be to review TKDA's proposal, and request additional information from the others only in the event that review raises that need. Council Member Lyden expressed his disagreement philosophically with directives from the Metropolitan Council which may or may not be of benefit to Lino Lakes. Mayor Sullivan acknowledged Council Member Lyden's concern, adding that such direction comes without financial support; however, she recognized the value of this planning tool. Council Member Bergeson moved to return the proposal for preparation of a comprehensive sanitary sewer plan and comprehensive water plan to Staff for further refinement. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 30, Approval of Joint Powers Agreement with Anoka County regarding Traffic Signal at Elm Street and Lake Drive - Mr. Ahrens explained that with the construction of Centennial Middle School a traffic control signal at Elm Street and Lake Drive became necessary, being a high priority for both Council and the school district. A joint powers agreement between Lino Lakes and Anoka County is necessary to define each agency's COUNCIL MINUTES MARCH 9, 1998 responsibilities with respect to operation and maintenance of this signal system. Pursuant to the proposed agreement, Lino Lakes would be responsible for electrical costs to operate the signal system, construction costs, and the maintenance, relamping and painting of luminaries. Anoka County would maintain the traffic signal controller, traffic signal lamps, loop detectors, associated wiring of the traffic control system, and traffic signal painting at the City's cost. The County would bill the City for any maintenance work performed or subcontracted for by the County. Mr. Ahrens further explained the reason for the City having responsibility for the costs of this traffic signal. Pursuant to County policy, the traffic control signal which is the subject of this request is an "unwarranted" system, and as such is the financial responsibility of the City. Had this signal system fallen within the requirements for a "warranted" system and been a programmed improvement by the County, the County would have been responsible for certain maintenance and construction costs. With respect to the proposed Joint Powers Agreement, Mr. Ahrens pointed out that City Attorney Hawkins has reviewed the document and found it to be in order. Council Member Bergeson asked about estimated annual cost to the City. Mr. Ahrens estimated the cost to be between approximately $1,000 and $3,000 plus the County's portion, electrical costs and any other City costs. Council Member Neal asked if the school district shared any cost responsibility. Mr. Ahrens explained that the district paid for two-thirds (2/3rds) of the construction cost, but bears no responsibility for operation. Mayor Sullivan indicated that this traffic signal could have been considered "warranted", had installation been delayed. However, due to safety issues, Council requested that the signal be installed at the time the school was constructed. Council Member Bergeson asked if the City's obligation through the proposed agreement could be terminated at some time in the future, if the traffic count causes this installation to be considered "warranted". The City Attorney indicated that the agreement could be terminated at any time with 30 days notice. Council Member Bergeson moved to adopt Resolution No. 98 - 30, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 30 can be found at the end of these minutes. Consideration of Resolution No. 98 - 31, Restrict Parking on Portions of Ware Road - Mr. Ahrens explained that, pursuant to Minnesota State Aid rules, the City must adopt a resolution restricting parking along reconstructed state aid roads that do not have parking lanes provided in the design. Ware Road has portions on its west side between Ash and Birch Streets, and on its east side, between Ash Street and the south property line of lot 11, block 4, Shenandoah that 10 COUNCIL MINUTES MARCH 9, 1998 . require parking restriction. Therefore, Staff recommended adoption of Resolution No. 98 - 31 restricting parking in that area. • Council Member Bergeson asked if easements would have to be taken from adjacent properties, to which Mr. Ahrens responded that they would, and that all of the affected residents had given their approval. Mayor Sullivan confirmed that updates regarding the easements would be forthcoming at the next Council work session. Mr. Ahrens responded in the affirmative. Council Member Lyden moved to adopt Resolution No. 98 - 31, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 31 can be found at the end of these minutes. Consideration of Resolution No. 98 - 33, Approve Change Orders 1 and 3 and Payment No. 5 (final), Birch Street Trunk Watermain - Mr. Ahrens explained that this project, initiated in the fall of 1996, extended watermain from near the Pheasant Hills Preserve development east along Birch Street, north on 20th Avenue, and then east again along Cedar Street alignment to serve the developing area on the east side of the City. The contractor is now requesting approval for final payment in the amount of $7,954.08, including change orders 1 and 3. Change order No. 2 was originally intended for trail paving, but was not executed. All necessary lien waivers and withholding affidavits have been submitted to Staff, thereby meeting the requirements of the construction contract. Staff recommended payment of the final contract amount, summarized as follows: Original Bid Amount Change Order No. 1 Change Order No. 3 Final Contract Amount $566,324.57 15,173.40 ( 5,393.20) $576,101.77 Council Member Neal expressed concern regarding the approval process for change orders. Mayor Sullivan suggested that this issue be referred to City Administration for development of a process whereby Council could consider change orders prior to their approval by the City Engineer. Mr. Ahrens suggested that this matter be discussed at a future Council work session. Council Member Bergeson moved to adopt Resolution No. 98 - 33, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 33 can be found at the end of these minutes. Consideration of Resolution No. 98 - 34, Approve Change Orders 3 and 4 and Payment No. 7 (final.), Clearwater Creek Trunk Utility Improvements - Mr. Ahrens explained that the contractor for the Clearwater Creek Trunk Utility Extension Project is now requesting approval 11 COUNCIL MINUTES MARCH 9, 1998 for payment No. 7 (final) in the amount of $23,328.52, including change orders 3 and 4. This project, completed in the fall of 1996, included construction of trunk sanitary sewer and watermain from Cedar Street to Main Street, providing utility service to the Clearwater Creek Economic Development area. The final contract amount is summarized as follows: Contract Amount to date Change Order No. 3 Change Order No. 4 Final Contract Amount $773,509.59 64,129.95 13,328.52 $850,968.06 Mr. Ahrens explained that Change Order No. 3 reflects the actual quantities installed by the contractor compared to the estimated amounts by the Engineer, Change Order No. 4 includes work to restore the fence at the Acton construction site and repair of the driveway, sign and restoration of drainage at the Otter Lake Veterinary Clinic, and Change Orders No. 1 and 2 were previously approved by Staff and include work to restore road access to Adgraphics and Northern Wholesale, and completion of various items not included in the original contract. Mayor Sullivan asked if the engineer involved in the bidding process would not have been aware of the need to route utilities under the existing roadway. Mr. Ahrens explained that at the time of the bid NSP's requirements with regard to affected power poles were not known. Mayor Sullivan pointed out that this particular pole is a heavy transmission system structure. Council Member Bergeson moved to adopt Resolution No. 98 - 34, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 34 can be found at the end of these minutes. Consideration of Resolution No. 98 - 35, Approve Relocation Agreement with Northern States Power Company, Otter Lake Realignment Project - Mr. Ahrens explained that the planned realignment of Otter Lake Road impacts a guy wire supporting a Northern States Power pole. This guy wire is located on private property, and not within the County right-of-way. Therefore, the City is responsible for the cost of relocating the guy wire. This cost is estimated to be $21,000 and would be assessed to benefiting property owners. Pursuant to the proposed relocation agreement, NSP is requesting payment of 80% of that amount, or $16,800 to be paid in advance. City Attorney Hawkins has reviewed the proposed agreement, and finds it to be in order. Mr. Ahrens pointed out that the original road realignment would have necessitated relocation of the entire pole, at a cost to the City in excess of $140,000. Therefore, the realignment was revised with County approval to reduce the impact to the guy wire only. Avoiding impact completely would have required additional right-of-way from the property owner, which would have created a narrow strip of undevelopable land between the power line easement and the road right-of-way. Considering the above, Staff recommended relocation of the guy wire. 12 • • COUNCIL MINUTES MARCH 9, 1998 Mayor Sullivan asked how this situation could be avoided in the future. Mr. Ahrens explained that power lines are always taken into consideration in project planning, and that any relocation of poles within City right-of-way is the responsibility of the service provider. However, this project could not avoid the NSP right-of-way, making relocation the City's responsibility. Council Member Lyden moved to adopt Resolution No. 98 - 35, as presented. Council Member Bergeson seconded the motion. Motion carried, with Council Member Neal voting no. Resolution No. 98 - 35 can be found at the end of these minutes. OLD BUSINESS - None. COMMUNITY CALENDAR FOR MARCH 9 THROUGH MARCH 23, 1998 Planning & Zoning Board Meeting, Wednesday, March 11, 1998, 6:30 p.m. Earth Day Meeting, Wednesday, March 11, 1998, 6:30 p.m., Lino Lakes Senior Center Comprehensive Plan Meeting - District 4, Thursday, March 12, 1998, 6:00 p.m. Septic System Care Seminar, Monday, March 16, 1998, 7:00 p.m. Citizens' Advisory Group, Monday, March 16, 1998, 7:00 p.m. Friends of the Park, Tuesday, March 17, 1998, 6:00 p.m. Council Work Session, Wednesday, March 18, 1998, 5:30 p.m. Comprehensive Plan Meeting, Thursday, March 19, 1998, 6:00 p.m. NEW BUSINESS Consideration of Work Session Minutes, February 18, 1998 (Council Member Lyden was absent) - Council Member Bergeson moved to approve the February 18, 1998 Council work session minutes, as submitted. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden abstaining. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 8:15 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, March 23, 1998. COUNCIL MINUTES MARCH 9, 1998 Milyn Anderson, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. 14 Ki • A. llivan, Mayor • • • Council Member Bergeson its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98-30 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDING TRAFFIC CONTROL SIGNAL AT ELM STREET AND LAKE DRIVE WHEREAS, Elm Street is under the jurisdiction of the City and Lake Drive (CSAH 23) is under the jurisdiction of Anoka County, and WHEREAS, the City has completed a traffic control signal improvement at the intersection of EIm Street and CSAH 23, and WHEREAS, Minnesota Statutes 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes approves and hereby directs Mayor and City Clerk to sign the Joint Powers Agreement with Anoka County regarding the traffic control signal at EIm Street and Lake Drive. .- .� A Ili! ' . Ki • - y A . 'ivan, Mayor of M Adopted by the Lino Lakes City Council thi 9t 1998. Marlyn G. nderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was duly passed and adopted. Council Member Lyden adoption: introdced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO 98-31 RESOLUTION RESTRICTIONS PARKING ON THE WEST SIDE OF WARE ROAD BETWEEN ASH STREET AND BIRCH STREET, AND THE EAST SIDE OF WARE ROAD BETWEEN ASH STREET AND THE SOUTH LINE OF LOT 11, BLOCK 4, SHENANDOAH. WHEREAS, the city of Lino Lakes has planned the improvement of MSAS 105 (Ware Road) from Ash Street to Birch Street. WHEREAS, the City of Lino Lakes will be expending Municipal State Aid Funds on the improvement of said street. WHEREAS, the improvement does not provide adequate width for parking on the West side of Ware Road, between Ash Street and Birch Street , and the East side of Ware Road between Ash Street and the south property line of lot 11, block 4, Shenandoah. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the City of Lino Lakes shall ban the parking of motor vehicles on the West side of Ware Road (MSAS 105) between Ash Street and Birch Street and East side of Ware Road (MSAS 105) between Ash Street and the south property line of lot 11, block 4, Shenandoah at all times. Adopted by the Lino Lakes City Council on this 9th day of aliLvt4._ety-u, Marilyn G Anderson, Clerk -Treasurer ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof : Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-33 RESOLUTION APPROVING PAYMENT 5 (final) and CHANGE ORDER NO. 1 and NO. 3 FOR BIRCH STREET TRUNK WATERMAIN PROJECT WHEREAS, the construction of the Birch Street Trunk Watermain Project has been completed by Richard Knutson, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 1 in the amount of $15,173.40 is approved. 2. Change Order No. 3 in the amount of ($5,396.20) is approved. 3. Payment number 7 (final) in the amount of $7,954. 8 is approved for a total contract amount of $576,101.77. Adopted by the City Council this 9th day of (77 Mdrilyn G. Anderson Clerk -Treasurer Ki ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 9, 1998. Marilyn G. Anderson, Clerk -Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-34 RESOLUTION APPROVING PAYMENT 7 (final) and CHANGE ORDER NO. 3 and NO. 4 FOR CLEARWATER CREEK TRUNK UTILITY PROJECT WHEREAS, the construction of the Clearwater Creek Trunk Utility Project has been completed by Richard Knutson, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 3 in the amount of $64,129.95 is approved. 2. Change Order No. 4 in the amount of $13,328.52 is approved. 3. Payment number 7 (final) in the amount of $23,328.52 is approved for a total contract amount of $850,968.06. Adopted by the City Council this 9th day of :04, Marilyn G. Anderson Clerk -Treasurer Ki ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden. and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. • • • • Council Member Lyden its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98-35 RESOLUTION APPROVING RELOCATION AGREEMENT WITH NORTHERN STATES POWER COMPANY FOR THE OTTER LAKE ROAD REALIGNMENT PROJECT WHEREAS, the Otter Lake Road Re -alignment Project will require relocating a guy wire owned by Northern States Power, AND WHEREAS, Northern States Power facilities are located on private property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes approves and hereby directs the City Clerk to sign the Relocation Agreement with Northern States Power. Adopted by the Lino Lakes City Council this 9th of; if Mar 998. ilLLi ii'..' 4. +- A. •l if '1/7+IdMY Anderson, Clerk -Treasurer I an, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: Council Member Neal. Whereupon said resolution was duly passed and adopted. Council Member Neal resolution and moved its adoption: introducedhe following CITY OF LINO LAKES RESOLUTION 98-36 A RESOLUTION REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-1999. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1998-1999 in the amount of $34,801.00 ($35,801.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals, and The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and The City Council supports the Natural Resources Inventory Study. This project will complete a natural resources inventory, maps and management plan for Lino Lakes, and begin implementation of the plan strategies. • • Page 2 Resolution 98-36 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $3,400.00 of its 1998-1999 C.D.B.G. funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $4,000.00 of its 1998-1999 C.D.B.G. funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. 5. That the Lino Lakes City Council hereby requests that $1,885.00 of its 1998-1999 C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 7 That the Lino Lakes City Council hereby requests that $10,300.00 of its 1998- 1999 C.D.B.G. funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 8. That the Lino Lakes City Council hereby requests that $8,216.00 of its 1998-1999 C.D.B.G. funds be used to assist in paying for an Natural Resources Inventory Study. 9. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. • Page 3 Resolution 98-36 Adopted by the Lino Lakes City Cis 9th : of March, 1998. SIAll..1 Ki -;j , Fayor llliv Marilyn G. Pnderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none . Whereupon said resolution was declared duly passed and adopted. • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-37 A RESOLUTION IN SUPPORT OF THE MINNESOTA PUBLIC UTILITIES COMMISSION'S ORDER THAT AREA CODE SPLITS FOLLOW MUNICIPAL BOUNDARIES WHEREAS, the Minnesota Public Utilities Commission (PUC) issued an Order on 13 November, 1997 establishing an area code relief plan and setting policies for number conservation which required an area code split that would follow municipal boundaries; and WHEREAS, WHEREAS, as a result of that Order, the City of Lino Lakes was assigned the new area code of 651, and U S West Communications Inc., has filed a petition with the PUC stating that they will be unable to comply with the technical changes associated with the Order given the January 1, 1999 time table, and is therefore proposing that the western portion of Lino Lakes remain in the 612 area code, and the eastern portion of Lino Lakes be assigned the new 651 area code, and WHEREAS, dividing the community into two distinct area codes would create significant disruptions for government, emergency services, school districts, businesses, industry and residents, and WHEREAS, further division of the City of Lino Lakes by any boundary, whether physical or intellectual, goes against every directive and mission of the city council which has been to create an identity and a sense of community for its residents, NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby requests the Minnesota Public Utilities Commission maintain its original decision and require division of telephone area codes along municipal boundaries. Adopted by the Lino Lakes City Council this 9th Day of March, 1998. Resolution 98-37 Page -2- Marilyn G.YAnderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. • • •