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HomeMy WebLinkAbout03/23/1998 Council Minutes• • • COUNCIL MINUTES MARCH 23,1998 CITY OF LINO LAKES MINUTES DATE : March 23, 1998 TIME STARTED : 6:35 P.M. TIME ENDED : 7:53 P.M. MEMBERS PRESENT : Council Members Bergeson, Lyden, and Neal, and Mayor Sullivan MEMBERS ABSENT : Council Member Dahl Staff members present: Interim City Administrator, Dave Pecchia; 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 Mayor Sullivan updated the public as to the status of the Lino Lakes area code issue, explaining that it has been resolved to the PUC's satisfaction, with the entire municipal area included within the 651 area code. This represents a victory for Lino Lakes, as the City's single community environment will remain intact. Additionally, Mayor Sullivan pointed out that there was a ribbon cutting ceremony at the new Fairview Regional Health Center, attended by economic development staff, Council members, and Donna Carlson of the Citizens Advisory Group, among others. The opening of the Health Center signals completion of the first piece of the overall Town Center project. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda. Council Member Lyden seconded the motion. Motion carried 4-0. ITEM ACTION MINUTES: March 9, 1998 DISBURSEMENTS: March 23, 1998 (Checks No. 50259 - 50395, $432,640.27) Approved Centennial Fire District Approved COUNCIL MINUTES MARCH 23, 1998 Mayor Sullivan reminded the group of the guidelines for audience participation in City Council meetings, emphasizing topics relative to business of the City, and the need for respectful dialog. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF ANNUAL APPOINTMENTS, DAVID PECCHIA Mr. Pecchia reminded Council of the extension of advisory board member terms, allowing for a more detailed recruitment program. The new schedule begins the appointment process in September of each year. To date Council has interviewed candidates, and makes the following appointment recommendations: Parks & Recreation Board Pat Huelman (through 2000) Sharon Lane (through 2000) Jeff Reinert (through 1999) Council Member Lyden moved to approve the appointments of Pat Huelman, Sharon Lane, and Jeff Reinert to the Parks & Recreation Board. Council Member Neal seconded the motion. Motion carried 4-0. Planning & Zoning Board Kirk Corson Bill Johnson Todd Schilling Mike Trehus (through 1998) Council Member Lyden moved to approve the appointments of Kirk Corson, Bill Johnson, Todd Schilling, and Mike Trehus to the Planning & Zoning Board. Council Member Neal seconded the motion. Motion carried 4-0. Environmental Board Maurine Davidson (through 2000) Amy Donlin (through 2000) Laurie Frisk -Thompson (through 2000) J. P. Houchins (through 1998) Rod Kukonen (through 1999) Gene Lane (through 1998) Mike Trehus (through 1999) Council Member Lyden moved to approve appointments of Maurine Davidson, Amy Donlin, Laurie Frisk -Thompson, J. P. Houchins, Rod Kukonen, Gene Lane, and Mike Trehus to the Environmental Board. Council Member Neal seconded the motion. 2 • • • COUNCIL MINUTES MARCH 23, 1998 Council Member Bergeson pointed out that an entire board is not typically appointed simultaneously; but that since this is a new body, this recommendation was to renew the entire board and begin the rotation process next year. Motion carried 4-0. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Site Plan Review, Wargo Nature Center (move Heritage Lab Building into the City), Mary Kay Wyland -Ms. Wyland explained that the Anoka County Parks Department is requesting a site plan review to allow an existing 14 x 24 park building to be moved to the Heritage Lab of the Wargo Nature Center from a park in St. Francis, Minnesota. The property is located within the Anoka County Park Preserve and is zoned Public Semi -Public (PSP). County and State buildings are listed as permitted uses within this zoning district; however, the relocation of the structure requires a site plan review. Additionally, Ms. Wyland pointed out that the City's Comprehensive Plan indicates this site as "park". Ms. Wyland stated that she and the building inspector visited the St. Francis site, and determined that the building to be moved is sound. The building will be located approximately 150 feet from Peltier Lake, thus meeting the shoreline requirements. She explained that the building has log exterior, and will be used for storage of educational materials. The Heritage Lab provides educational programs on Native American Indians, early settlers, voyages, and the like to school- age children as well as adults. Parking on the site is available. Ms. Wyland indicated that Staff recommended approval of this site plan review, with the following conditions: 1. Proper building permits be obtained prior to construction and the building be located according to the State UBC. 2. A fire extinguisher be located within the structure. 3. Trash receptacles be located within the structure if necessary. 4. The building setbacks conform to the City's Shoreland Management Ordinance as indicated on the site plan (150' from the OHW). 5. Screening and landscaping be provided consistent with the area and approved by the City Forester. 6. The CPTED Officer review the structure for proper security prior to issuance of any building permits. 7. Other conditions as imposed by the Board. Council Member Bergeson moved to approve the site plan review to move the Heritage Lab building into the Wargo Nature Center contingent upon compliance with the conditions listed above, with the exception of Condition No. 7. Council Member Neal seconded the motion. Motion carried 4-0. COUNCIL MINUTES MARCH 23, 1998 Minor Subdivision, Pierre Nadeau, 2068 Cedar Street - Ms. Wyland explained that Pete Nadeau is requesting a minor subdivision of the property at 2068 Cedar Street, owned by Warren Solheid. The property in question is located in a rural zoning district, and indicated as such on the Comprehensive Plan. This request would create the following: Parcel A - a 2.38 -acre parcel (exclusive of roadway) containing an existing homestead constructed prior to 1992. (City Ordinance No. 93- 18 allows for reduction of lot size to a minimum of one acre where habitable single family homes were constructed prior to July 13, 1992, if the balance of the property results in a parcel of ten acres.) Parcel B - a 2.09 -acre parcel (exclusive of roadway) that is to be added to an existing 10 -acre parcel for a total of 12 acres. This parcel would be owned by Mr. Nadeau who currently owns the existing 10 acres. Mr. Nadeau intends to hold this parcel for future development with the 2.09 - acre parcel providing the access to the rear 10 acres. Ms. Wyland added that there are eight adjoining lots, on Cedar and 21st Avenue, that are approximately two acres in size with this parcel being the largest homesite. Creation of two lots in this location would blend with the existing character of the neighborhood. Staff recommended, however, that these two new parcels be more consistent with the adjoining parcels in lot width, suggesting that Parcel B be increased in size by approximately 15 to 20 feet. This would also allow for a future 60 -foot roadway and 145 -foot -deep lots fronting this future roadway, should this area develop into an urban neighborhood. Approval was recommended, pursuant to the following conditions: 1. The surveyor determines that there is at least 20% upland on both Parcel A and Parcel B. 2. Drainage easements as provided over any and all wetland on both parcels. 3. Parcel B be increased in lot width to be consistent with the adjoining parcels. 4. Parcel B be attached to the 10 -acre parcel southerly of this site. Council Member Lyden expressed concern regarding Condition No. 3 above, suggesting that the lot width should be specified. Ms. Wyland recommended "not less than 20 feet". Council Member Bergeson moved to approve the minor subdivision for the property located at 2068 Cedar Street, contingent upon compliance with the conditions listed above, including the condition that Parcel B be increased in lot width not less than 20 feet. Council Member Lyden seconded the motion. Motion carried 4-0. 4 • • COUNCIL MINUTES MARCH 23, 1998 Consideration of Resolution No. 98 - 45 in Support of Land Exchange with Anoka County - Mr. Wessel stated that Resolution No. 98 - 45 summarizes the history of the land exchange with Anoka County, and reviews negotiations with the Metropolitan Parks and Open Space Commission. As a part of the final agreement, it was determined that 9 of the original 25 acres be declared excess land (4.5 wetland and 4.5 upland) and remain in the regional park. Through use of visual aids, Mr. Wessel pointed out the proposed delineation. He then reviewed the four points of the Resolution, and requested Council approval. Council Member Bergeson moved to adopt Resolution No. 98 - 45, as presented. Council Member Neal seconded the motion. Motion carried 4-0. Resolution No. 98 - 45 can be found at the end of these minutes. Consideration of Resolution No. 98 - 44, Need for an Environmental Impact Statement (EIS), the "Village", Brian Wessel - Mr. Wessel explained that in December of 1997 the City prepared an Environmental Assessment Worksheet (EAW) for The Village, which is required by law for construction of a mixed use development of this size. The purpose of an EAW is to set out the basic facts necessary to determine if a project has the potential for significant environmental impact. It is distributed to interested agencies for comment. An EAW for The Village was prepared by TKDA in January and sent to all required agencies. The period for comment expired on February 25. Following this exercise, Mr. Wessel stated that it was determined there is no need for an Environmental Impact Statement (EIS) for The Village, as sufficient planning has been provided throughout the course of this project. The four commenting agencies were MnDOT, the Minnesota Historical Society, the Minnesota Department of Health, and the DNR. MnDOT indicated concerns regarding access issues at The Village and Lake Drive, traffic volume impacts on the 35W ramps, and signialization at Lake Drive and 35W. The DNR had concerns about ecological impact on the park reserve/wooded upland, wetland impact, and use of native vegetation. Meetings with these agencies allayed these concerns. Mr. Wessel commented that Council is required to make a formal declaration as to whether an EIS is needed within 30 days of the close of the review period, or by March 27. Mayor Sullivan asked if the City continues to pursue the test project for Rice Creek Watershed. Mr. Wessel responded in the affirmative. Additionally, Mayor Sullivan pointed out concern expressed in the March 17, 1998 correspondence from the DNR regarding early consultation in the project planning cycle, and asked for assurances that this will be accomplished in the future. Council Member Lyden moved to adopt Resolution No. 98 - 44, as presented. Council Member Neal seconded the motion. Motion carried 4-0. Resolution No. 98 - 44 can be found at the end of these minutes. COUNCIL MINUTES MARCH 23, 1998 Comprehensive Plan Update, Brian Wessel - Mr. Wessel reminded everyone of the neighborhood meeting on Thursday, March 26, at 6:00 p.m. This meeting will address issues relative to Districts 5 and 6. CITY ENGINEER'S REPORT, DAVID AHRENS Accept Proposal for Preparation of Comprehensive Sanitary Sewer Plan and Comprehensive Water Plan - Mr. Ahrens explained that in conjunction with Comprehensive Plan updates, the City must update its sanitary sewer and water comprehensive plans investigating how utilities will be extended to accommodate future development. Staff requested proposals from the City's three engineering consultants for preparation of such plans, which proposals are summarized as follows: TKDA, Inc. $25,050 OSM, Inc. $55,000 SEH, Inc. $55,000 All proposals include the cost for preparation of the two plans. The cost of attending meetings necessary for completion of the plans themselves are included within the total cost proposal; however, the TKDA proposal does not include the cost of attending informational meetings such as Comprehensive Task Force meetings or City Council work sessions. TKDA's attendance at such additional meetings would be at the rate of $200 per meeting. Mr. Ahrens recommended acceptance of TKDA's proposal as its bid is lowest, and it has the ability to provide the plans as required. Mayor Sullivan pointed out that the substantial difference between TKDA's bid and those of OSM and SEH had been clarified as being due to TKDA having already done a substantial portion of the work required for preparation of these plans, they have computer models of other engineering work for the City on file for use in this project, and they strongly desire the work. Council Member Bergeson asked that agreement to work with TKDA include a provision that their work follow the direction of and support the Comprehensive Plan. Mr. Ahrens agreed. Mayor Sullivan requested clarification that the agreement will include a "not -to -exceed" clause, to which Mr. Ahrens responded this stipulation is implied within every contract between TKDA and the City. Council Member Bergeson moved to accept the proposal of TKDA, Inc. for preparation of a Comprehensive Sanitary Sewer Plan and a Comprehensive Water Plan. Council Member Lyden seconded the motion. Motion carried 4-0. Consideration of Resolution No. 98 - 27, Approve Plans and Specifications and Authorize Advertisement for Bids, Lakes Addition Street Reconstruction Project - Mr. Ahrens 6 • • • COUNCIL MINUTES MARCH 23, 1998 explained that on July 28, 1997, Council held a public hearing for the Lakes Addition street reconstruction project located in the central portion of the City, east of Reshanau Lake and north of Birch Street. Specifically, the following streets will be reconstructed: East Shadow Lake Drive, Lantern Lane, Lantern Circle, Partridge Place, Black Duck Drive, Black Duck Circle, Mallard Lane, and Crystal Court. These streets were chosen as a result of a report investigating the condition of all streets within the City, with this neighborhood determined to have the greatest need. The total estimated cost for street reconstruction is $1,667,477.44. Estimated total cost for storm sewer reconstruction is $292,913.46. Sanitary sewer repairs are estimated at $57,182.82; watermain, $234,082.61. The total amount including the bond referendum and assessment to property owners is estimated to be $1,960,360. The proposed schedule for this project is as follows: Council approves plans Bid opening Council awards bid Construction begins Substantial completion March 23, 1998 April 21, 1998 April 27, 1998 May, 1998 October, 1998 Mayor Sullivan stressed the need to operate within the financial perameters as set forth above. Council Member Lyden moved to adopt Resolution No. 98 - 27, as presented. Council Member Neal seconded the motion. Motion carried 4-0. Resolution No. 98 - 27 can be found at the end of these minutes. Consideration of Resolution No. 98 - 28, Order Improvement, Approve Plans and Specifications and Authorize Advertisement for Bids, Black Duck Lift Station - Mr. Ahrens explained that on January 26, 1998 Council ordered preparation of plans and specifications for the construction of a new lift station on Black Duck Drive. The proposed construction would coincide with the Lakes Addition Street Reconstruction Project in order to minimize construction activity within the neighborhood while replacing a deficient lift station. The existing lift station consists of a wet well to store waste water, which is connected to a separate dry well that houses the pump and fittings. This design requires maintenance personnel to enter the dry well to work on the pumps, which requires special safety precautions in order to meet OSHA rules. Additionally, the waste water flow volumes have exceeded the lift station's capacity. In order to accommodate the high flow volumes, the pump currently cycles at the extremely high rate of 15 times per hour for a 30 -second duration. Such frequency in cycling contributes substantially to excessive wear, with recommended cycle times being 6 cycles per hour. The project is estimated to cost approximately $248,000, and funding is proposed from the City's area and unit fund. COUNCIL MINUTES MARCH 23, 1998 Mayor Sullivan asked if the proposed placement of the lift station across the street from the current lift station would prohibit future development beyond that point. Mr. Ahrens suggested that location of the lift station would be coordinated with proposed development in that area which would be trail and park use. Council Member Bergeson commented that the plat for this area is out of date and could not be approved according to current wetland laws. Additionally, Council Member Bergeson expressed concern regarding funding, indicating that it is not conclusive that the area and unit fund has the capacity to include all of the projects proposed for that type of funding. He asked if consideration of this matter could be delayed until the next regular Council meeting to allow for additional discussion regarding funding. Mr. Ahrens indicated that delay may result in increased cost, but that technically the new lift station could wait. Mayor Sullivan agreed that this issue should be reviewed further in light of financial considerations. Council Member Bergeson moved to table consideration of Resolution No. 98 - 30 until the next regular Council meeting. Council Member Lyden seconded the motion. Motion carried 4-0. Consideration of Resolution No. 98 40, Accept Bids and Award Construction Contract, Lilac Street Utility Extension Between 4th Avenue and Apollo Drive - Mr. Ahrens explained that the following 12 sealed bids were received and opened on March 17, 1998 for this project: S. R. Weidema Kober Excavating Forest Lake Contracting, Inc. Kadlec Excavating Brown & Cris, Inc. Dave Perkins Contracting, Inc. Penn Contracting, Inc. Northdale Construction Ryan Contracting Burschville Construction Widmer, Inc. Hydrocon, Inc. Engineer's estimate $203,082.55 $212,991.37 $216,926.50 $222,344.25 $226,146.13 $227,709.00 $228,523.00 $231,729.00 $235,201.20 $251,474.80 $305,650.00 $311,313.60 $209,905.75 The low bid by S. R. Weidema, Inc. is approximately 3% below the engineer's estimate. The City has worked with this firm in the past, and Mr. Ahrens presented correspondence from one of the City's consulting engineers, TKDA, Inc., recommending award of the construction contract to S. R. Weidema, Inc. Mr. Ahrens explained that payment for construction costs for this project is proposed to be made from the City's area and unit fund. Three property owners have indicated that they will connect 8 • • • COUNCIL MINUTES MARCH 23, 1998 to the proposed utilities upon installation, and connection charges assessed to property owners will reimburse the fund. The proposed schedule for this project is as follows: Council awards bid Construction begins Substantial completion March 23, 1998 April 13, 1998 May 31, 1998 Council Member Bergeson asked what portion of the total cost would be recovered through currently anticipated connections. Mr. Ahrens suggested between $60,000 and $80,000. Council Member Bergeson moved to adopt Resolution No. 98 - 40, as presented. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 98 - 40 can be found at the end of these minutes. Consideration of Resolution No. 98 - 41, Accept Bids and Award Construction Contract, Lakes Addition Sanitary Sewer Rehabilitation - Mr. Ahrens explained that sealed bids were also received and opened on March 18, 1998 for this project, as follows: Visu-Sewer Clean & Seal $ 83,444.43 Infratech $ 94,976.30 Insituform Technologies $ 95,674.42 LaMetti & Sons $107,936.00 Empire Pipe Service rejected Engineer's estimate $105,080.00 The bid from Empire Pipe Service was rejected because it did not acknowledge an addendum to the project. The low bid by Visu-Sewer Clean & Seal is approximately 21% below the engineer's estimate. Mr. Ahrens stated that Visu-Sewer is a reputable company, capable of accomplishing the required work. He referred to correspondence from one of the City's consulting engineers, SEH, Inc., recommending award of the construction contract to Visu- Sewer Clean & Seal. Mr. Ahrens indicated that funding for this project would be from the City's area and unit fund, noting the likelihood of grant funding from the Metropolitan Council. The proposed schedule for this project is as follows: Council awards bid Construction begins Substantial completion March 23, 1998 April 6, 1998 May, 1998 COUNCIL MINUTES MARCH 23, 1998 Council Member Bergeson asked about the type of infiltration, to which Mr. Ahrens responded ground water is entering the sewer system. He added that the cracks in the pipeline allowing this infiltration also represent structural deficiencies, which should be repaired. Council Member Lyden moved to adopt Resolution No. 98 - 41, as presented. Council Member Neal seconded the motion. Motion carried 4-0. Resolution No. 98 - 41 can be found at the end of these minutes. Consideration of Resolution No. 98 - 42, Approve Change Orders 1, 2 and 3 and Payment No. 7 (final), Centennial Middle School Street and Utility Project - Mr. Ahrens explained that the contractor for this project is requesting final payment in the amount of $199,834.60, including change orders 1, 2, and 3. The final contract amount is summarized as follows: Contract amount Change Order No. 1 Change Order No. 2 Change Order No. 3 $ 819,516.63 30,237.38 42,321.92 133,965.79 Final Contract Amount $1,026,041.72 Change Order No. 1 includes items not contained within the original contract, such as signing and striping changes pursuant to Anoka County comments, construction of a culvert for the trail, removal and replacement of a driveway resulting from trail work, and installation of a plastic wrap around each storm sewer and sanitary sewer manhole to prevent groundwater infiltration. These additional costs were included in the final. assessed project costs when the City levied the special assessments to the school district and other benefiting property owners. Change Order No. 2 represents the cost of a 4 -lot subdivision completed by the contractor along Second Avenue related to Lang Pine Valley Estates, which cost is the responsibility of the developer. Change Order No. 3 includes work to provide sanitary sewer and watermain to service to GNW, Inc., a new business on Cedar Street. This cost will also be borne by affected property owners. Council Member Neal expressed concern regarding the large amount of Change Order No. 1. Mr. Ahrens explained that typically Anoka County's comments are received prior to bidding; however, in this case, the signal system was separate from the road work. The best way to accommodate the later signaling work was through the current contract rather than the bidding process. Council Member Bergeson commented that perhaps the City should develop a policy for limiting the amount of change orders beyond the legal limit of 25%. 10 • • COUNCIL MINUTES MARCH 23, 1998 Mayor Sullivan indicated that this issue would be reviewed further at a future Council work session. Council Member Bergeson moved to adopt Resolution No. 98 - 42, as presented. Council Member Lyden seconded the motion. Motion carried, with Council Member Neal voting no. Resolution No. 98 - 42 can be found at the end of these minutes. Consideration of Resolution No. 98 - 46, Approve Plans and Specifications and Order Advertisement for Bids for Phase I of the Lilac Street Trunk Utility Improvements - Mr. Ahrens explained that this project, petitioned by the developer of Behm's Century Farms, involves extension of trunk sanitary sewer and watermain improvements to serve Behm's Century Farms 4th, 5th, and 6th Additions. Rights to a hearing and appeal have been waived. TKDA, Inc. has prepared the plans and specifications presented for Council approval at this time. All costs involved will be assessed to the developer. Council Member Bergeson requested verification of the waiver, to which Mr. Ahrens responded the waiver form is standard, and that the cost amount comes from the feasibility study. Council Member Bergeson moved to adopt Resolution No. 98 - 46, as presented. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 98 - 46 can be found at the end of these minutes. OLD BUSINESS - None. COMMUNITY CALENDAR FOR MARCH 23 THROUGH APRIL 13, 1998 Environmental Committee Meeting, Wednesday, March 25, 7:00 p.m. Comprehensive Land Use Plan Meeting, Thursday, March 26, 1998, 6:00 p.m. City Council Work Session, Monday, March 30, 1998, 6:00 p.m., Centennial Fire District Station No. 2, 7741 Lake Drive, Lino Lakes Town Center Group/City Council, Thursday, April 2, 1998, 6:00 p.m. Park Board, Monday, April 6, 1998, 6:30 p.m. City Council Work Session, Wednesday, April 8, 1998, 5:30 p.m. Planning & Zoning Board Meeting, Wednesday, April 8, 1998, 6:30 p.m. 111 EDAAB Meeting, Thursday, April 9, 1998, 7:00 p.m. 11 COUNCIL MINUTES MARCH 23, 1998 Comprehensive Lane Use Plan Meeting, Thursday, April 9, 1998, 6:00 p.m. (tentative) Charter Commission Meeting, Thursday, April 9, 1998, 7:00 p.m., Senior Center City Council Meeting, Monday, April 13, 1998, 6:30 p.m. Council meets as the Board of Review, Monday, April 20, 1998, 6:30 p.m. NEW BUSINESS Consideration of a Request from St. Joseph Catholic Church for an Exemption from Lawful Gambling License - Ms. Anderson explained that State gambling statutes allow nonprofit organizations to apply for an exemption from a gambling license if they conduct fewer than five gambling events each year. St. Joseph's conducts four such events annually, which have already been scheduled. Ms. Anderson requested approval of all four events simultaneously, eliminating the need to address this issue again within 1998. Council Member Neal moved to approve the request by St. Joseph Catholic Church for exemption from Lawful Gambling License, as presented. Council Member Lyden seconded the motion. Motion carried 4-0. Consideration of Minutes, December 4, 1997 (Council Member Dahl and Mayor Sullivan were not yet on the Council, and Council Member Lyden was absent) - Council Member Neal moved to approve the December 4, 1997 minutes, as presented. Council Member Bergeson seconded the motion. Motion carried, with Council Member Lyden and Mayor Sullivan abstaining. Consideration of Minutes, March 4, 1998 Work Session (Mayor Sullivan was absent) - Council Member Lyden moved to approved the March 4, 1998 Work Session minutes, as presented. Council Member Bergeson seconded the motion. Motion carried, with Mayor Sullivan abstaining. Consideration of Acting City Administrator's Compensation, Mayor Sullivan - Mayor Sullivan stated that a review has been completed of compensation for other interim city administrators within the metropolitan area for the past year, and have determined that a competitive salary for the City's interim administrator would be $1,100 per month. This amount includes $1,065 straight salary with the balance representing insurance replacement cost. Additionally, 25 days compensation time was recommended. Council Member Bergeson requested clarification that this amount represents additional compensation to the individual acting as interim city administrator. Mayor Sullivan agreed. Council member Lyden moved to approve $1,100 per month as total additional compensation for the acting Interim City Administrator. Council Member Neal seconded the motion. Motion carried 4-0. 12 • • COUNCIL MINUTES MARCH 23, 1998 ADJOURN There being no further business, Council Member Lyden moved to adjourn at 7:53 p.m. Council Member Neal seconded the motion. Motion carried 4-0. These minutes were considered and approved at the regular Coun yMeeting, April 13, 1998. Marilyn Aneierson, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off Site Secretarial, Inc. 13 rly llivan, Mayor Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-27 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORING ADVERTISEMENT FOR BIDS - LAKES ADDITION STREET RECONSTRUCTION PROJECT. WHEREAS, pursuant to a resolution passed by the Council on November 10, 1997, SEH, Inc., has prepared plans and specifications for the improvement of the following streets: STREET FROM TO E Shadow Lake Drive Black Duck Drive Cul-de-sac Lantern Lane Black Duck Drive E Shadow Lake Drive Lantern Circle Lantern Lane Cul-de-sac Partridge Place Black Duck Drive Black Duck Drive Black Duck Drive Birch Street 230' N. Crystal Court Black Duck Circle Black Duck Drive Cul-de-sac Mallard Lane Black Duck Drive Cul-de-sac Crystal Court Black Duck Drive Cul-de-sacLilac Street by reconstructing streets and constructing storm sewer systems and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, April 21, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, April 27, 1998, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. • • • • • • Resolution No. 98-27 Page 2 Adopted by the Lino Lakes City Council this 23 et,a j.vA'�611 Marilyn Ci. Anderson, Clerk -Treasurer 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, Lyden, Neal, Sullivan. The following voted against same: none, Council Member was absent. 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. 98-40 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - LILAC STREET UTILITY IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the Lilac Street Utility Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name S. R. Weidema Kober Excavating Forest Lake Contracting, Inc. Kadlec Excavating Brown & Cris, Inc. Dave Perkins Contracting, Inc. Penn Contracting, Inc. Northdale Construction Ryan Contracting Burschville Construction Widmer, Inc. Hydrocon, Inc. Engineer's estimate Bid Amount $203,082.55 $212,991.37 $216,926.50 $222,344.25 $226,146.13 $227,709.00 $228,523.00 $231,729.00 $235,201.20 $251,474.80 $305,650.00 $311,313.60 $209,905.75 AND WHEREAS, it appears that S. R. Weidema, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with S. R. Weidema, Inc., 17600 113`h Avenue North, Maple Grove, MN 55369, in the name of the City of Lino Lakes for the construction of the Lilac Street Utility Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. • • • • • • Adopted by the Lino Lakes City Council thi 106 -N MarilynAnderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Nea. and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Neal, Sullivan. The following voted against same: Lyden, Council Member Dahl was absent. Whereupon said resolution was duly 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 23, 1998. 6l C� Marilyn G. Anderson, Clerk -Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-41 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - LAKES ADDITION SANITARY SEWER REHABILITATION PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the Lakes Addition Sanitary Sewer Rehabilitation Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount Visu-Sewer Clean & Seal $ 83,444.43 Infratech $ 94,976.30 Insituform Technolgies $ 95,674.42 LaMetti & Sons $107,936.00 AND WHEREAS, it appears that Visu-Sewer Clean & Seal, is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Visu-Sewer Clean & Seal, , Minnesota 55, in the name of the City of Lino Lakes for the construction of the Lilac Street Utility Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has n signed. Adopted by the Lino Lakes City Council th .,L Marilyn G. Anderson, Clerk -Treasurer y o 1)4 , 998. II , 1-rly • ySullivan, Mayor • • • Resolution No. 98-41 •Page 2 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, Lyden, Neal, Sullivan. The following voted against same: none, Council Member Dahl was absent. 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. 98-42 RESOLUTION APPROVING PAYMENT 7 (final) and CHANGE ORDER NO.'S 1, 2 and 3 - CENTENNIAL MIDDLE SCHOOL STREET AND UTILITY PROJECT WHEREAS, the construction of the Centennial Middle School Street and Utility Project has been completed by S. R. Weidema, 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 $30,237.38 is approved. 2. Change Order No. 2 in the amount of $42,321.92 is approved. 3. Change Order No. 3 in the amount of $133,965.79 is approved. 4. Payment number 7 (final) in the amount of $199,84.60 is approved for a total contract amount of $1,026,041.72. Adopted by the City Council this 23rd day Marilyn ' . Anderson Clerk -Treasurer K ultivan, 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, Lyden, Sullivan. The following voted against same: Neal, Council Member Dahl was absent. Whereupon said resolution was declared passed and adopted. • • Council Member Bergeson introduced the following resolution and • moved its adoption: • • CITY OF LINO LAKES RESOLUTION NO. 98-42 RESOLUTION APPROVING PAYMENT 7 (final) and CHANGE ORDER NO.'S 1, 2 and 3 - CENTENNIAL MIDDLE SCHOOL STREET AND UTILITY PROJECT WHEREAS, the construction of the Centennial Middle School Street and Utility Project has been completed by S. R. Weidema, 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 $30,237.38 is approved. 2. Change Order No. 2 in the amount of $42,321.92 is approved. 3. Change Order No. 3 in the amount of $133,965.79 is approved. 4. Payment number 7 (final) in the amount of $199,84.60 is approved for a total contract amount of $1,026,041.72. Adopted by the City Council this 23rd day Marilyn ' . Anderson Clerk -Treasurer K u(livan, 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, Lyden, Sullivan. The following voted against same: Neal, Council Member Dahl was absent. Whereupon said resolution was declared passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-44 RESOLUTION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE VILLAGE PROJECT WHEREAS, the City has prepared an Environmental Assessment Worksheet for the Village Project, and WHEREAS, the Environmental Assessment Worksheet was made available for public comment as per Minnesota Statutes; and WHEREAS, the 30 day comment period has expired; and WHEREAS, the City received the attached comments, none of which recommended than an Environmental Impact Statement be prepared; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that after reviewing the comments from the responding agencies and by its determination considering the requirements in Minnesota Statutes regarding the decision on the need for an Environmental Impact Statement, make a negative declaration that an Environmental Impact Statement is not required. BE IT FURTHER RESOLVED that notice of this negative declaration be sent to all persons on the EAW distribution list, any persons who commented, and to anyone who has requested notification. Adopted by the Council of the City of ATTEST: ak.SL, Marilyn G. Anderson, Clerk/Treasurer day of March, 1998. livan, 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, Lyden, Neal, Sullivan. • • • • • • RESOLUTION NO. 98 - 44 The following voted against same: none, Council Member Dahl was absent. Whereupon said resolution was declared passed and adopted. Member Bergeson introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 98-45 RESOLUTION IN SUPPORT OF LAND EXCHANGE WITH ANOKA COUNTY WHEREAS, in May 1992 the City of Lino Lakes (the "City") approved an acquisition of 30 acres of land known as the Cape Property by Anoka County (the "County") for incorporation into the Rice Creek Chain of Lakes Regional Park Reserve (the "Park Reserve") to aid in the attainment of the County's park goals, and WHEREAS, in May 1992 the County initiated discussions regarding acquiring wetland south of Ward and Sherman Lakes to increase the County's ability to control access to the Park Reserve, and WHEREAS, the City requested that Anoka County consider a land exchange by which the City would obtain and transfer title of 100 acres of land comprising the south shorelines of Ward and Sherman Lakes, and a 7.2 -acre parcel of City -owned property along the Park Reserve boundary in exchange for 43 acres of land in the northwest corner of the Park Reserve, and WHEREAS, in February 1995, after the Metropolitan Parks and Open Space Commission denied the request to remove land from the Park Reserve, the City agreed to reduce the proposed land to be transferred to the City to 35 acres, and WHEREAS, after further negotiation with the Metropolitan Council staff, the City further reduced the proposed land to be transferred to 23.72 acres for public uses in The Village and agreed to place perpetual conservation easements on land not impacted by construction, and WHEREAS, in May 1996, the Metropolitan Council approved the land exchange of 14.72 acres, and agreed to return nine acres of land not impacted by construction of public buildings to the Park Reserve so that it remains under the control of Anoka County, and WHEREAS, in January 1998 the Anoka County Board of Commissioners approved the site master plan for The Village and ratified the 14.72 acres as acceptable for exchange. NOW THEREFORE BE IT RESOLVED, that the City Council has fulfilled its obligations to the County to obtain and transfer title of 100 acres of land comprising the south shorelines of Ward and Sherman Lakes, and a 7.2 -acre parcel of City -owned property along the Park Reserve boundary. • • • • • • BE IT FURTHER RESOLVED, the City Council accepts the 14.72 acres of the proposed exchange as approved by the Metropolitan Council and Anoka County, and the retention by the County of nine acres of protected wetland and surplus upland that was deemed unsuitable for improvement. BE IT FURTHER RESOLVED, the City Council recognizes it is providing a controlled gateway for access to the Park Reserve in its development of The Village that will enhance the recreational potential of the Park Reserve. BE IT FURTHER RESOLVED, the City Council encourages the County to continue as a partner by pursuing the construction of a lodge and connections of the Park Reserve trail system in its Comprehensive Trail Plan to include connection to The Village and a Grand Round around Marshan Lake. Dated: March 23, 1998 ATTEST: e Marilyn G. Anderson, Clerk -Treasurer A J Kimberly Sullivan, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Sullivan. and the following voted against same: none, Council Member Dahl was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 46 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS FOR PHASE 1 OF THE LILAC STREET TRUNK UTILITY IMPROVEMENTS, WHEREAS, a Feasibility Report for the referenced improvements was received by the City Council on November 24, 1997 and, WHEREAS, the property owner proposed to be assessed for the cost of these improvements submitted a petition waiving his right to a Public Hearing, AND WHEREAS, pursuant to a resolution passed by the City Council on December 15, 1997, the TKDA has prepared plans and specifications for the improvements and has presented such plans and specifications to the City for approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for the bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Wednesday, April 22, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, April 27, 1998, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. • • • Adopted by the Council of the City of Lino ; kes tls. c4' • ay of March, 1998. Marilyn C. Anderson, Clerk -Treasurer rly A. E. ullivan, Mayor 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, Neal, Sullivan. The following voted against same: Lyden, Council Member Dahl was absent. Whereupon said resolution was declared duly 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 23, 1998. Marilyn G Anderson, Clerk -Treasurer