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HomeMy WebLinkAbout10/09/2000 Council MinutesCOUNCIL MINUTES OCTOBER 9, 2000 CITY OF LINO LAKES MINUTES DATE : October 9, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 8:15 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch (part); City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; Economic Development Assistant, Mary Divine; Finance Director, Al Rolek (part); and Chief of Police, Dave Pecchia (part). SETTING THE AGENDA Mr. Powell requested the addition of an Unfinished Business ' em A Sider letter to Jon Olson of Anoka County pertaining to CSAH 49 Reconstruction. The agenda was approved as revised. • CONSENT AGENDA Council Member O'Donnell moved to Carlson seconded the motion. Motio onsent Agenda, as presented. Council Member imously. ITEM " g ACTION MINUTES: August 23, 2000, k S ssion Meeting Approved October 2, 2000 Spe ' Council Meeting Approved DISBURSEMENTS: October 9, 2000 (Check No. 600067- 60169, $195,546.02) Centennial Fire District OPEN MIKE No one was present for open mike. Approved Approved COUNCIL MINUTES OCTOBER 9, 2000 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 2000 Community Service Award, Dan Tesch — Staff advised the Lino Lakes Community Service Award was designed to recognize residents who have made a substantial contribution to the community, protection of the environment, or improved the quality of life. A Committee was organized and advertised in the newsletter and on Channel 16 requesting nominations to be submitted. Those nominations were reviewed and the Committee recommends the 2000 Community Service Award be presented to Art Hawkins and Loretta Zarambo. Mayor Bergeson read a list of accomplishments of Loretta Rambo and presented her with the 2000 Community Service Award. He extended the City's appreciation to Ms. Rambo for her contributions to Lino Lakes. All acknowledged her contribution with a round of applause. Mayor Bergeson read a list of accomplishments of Art Hawkins and presented him with the 2000 Community Service Award. He stated Mr. Hawkins is considered to .. e environmental conscience for Lino Lakes and extended the City's appreciation to Mr. Hawki for h r, ontributions. All acknowledged his contribution with a round of applause. Public Hearing, FIRST READING on Ordinance No. -R ^ Ad ting a Franchise Agreement with Reliant Energy Minnegasco (continued from S. pteber 2000, 3/5 Vote Required), Linda Waite Smith — Mayor Bergeson noted the att bert Swintek, representing Reliant Energy Minnegasco. Staff explained the City of Lino Lakes is ga•�� � --�� � ome Rule Charter and Chapter 8 of that • Charter states that property taxes, whicity s main source of revenue, cannot be used for local p im rovements such as road reconsesreferendum is held and voters agree to fund the projects. For several years, the Ch sion has urged the Council to identify revenue sources other than property tax r. s nstruction of local roads. One potential source of revenue is franchise fees imposed on utip =s that do business in the City. Staff reviewed the State Statutes that provide for u s osm fee and advised of the utility providers in Lino Lakes. • It was noted that the City's anc= 'se agreement with Minnegasco, now known as Reliant Energy Minnegasco, expired severears ago. In 1999, the City Council directed staff to work towards making all the City's franchise agreements more consistent in terms and effective dates. Staff advised of the factors considered to determine how the fee should be established and recommendation for a flat fee for similar customer classes. Staff advised that flyers were sent out but it was learned that the flyer was not clear and caused some confusion that the City was suggesting a percentage fee. Staff explained meter fees in the proposed amounts would raise between $60,000 to $65,000 and the Council has specified that any revenue raised from the franchise will be dedicated to road reconstruction. Several callers asked if this is in conflict with the City Charter. However, both the City Attorney and Charter Chair said it is not a conflict. Staff advised that several callers also expressed concern that a franchise fee is another type of tax. It was noted that the Council is aware of that opinion and has made every attempt to make sure those who will pay the fee have had the ability to provide input. Flyers were sent out, a comment 2 • COUNCIL MINUTES OCTOBER 9, 2000 period was set aside, and public hearings scheduled. Staff has received 28 telephone calls and seven (7) letters, or 1% of the people who have been notified. The agreement is contained in Ordinance 14 — 00 which requires a public hearing and two readings. The public hearing was held on September 25, 2000 and the first reading and continuation of the public hearing is scheduled for the meeting tonight. The second reading is scheduled for October 23, 2000. Staff recommended the public hearing on Ordinance 14 — 00 be opened and continued to October 23, 2000. To approve, there must be two readings of the ordinance. Then the ordinance would need to be adopted and published before it goes into effect, which would be January 1, 2001. Mayor Bergeson noted the published time for the public hearing tonight is 7:00 p.m. However, it is only 6:45 p.m. He indicated the Council would consider Agenda Item 4A at this time and return to this matter after 7:00 p.m. FINANCE DEPARTMENT REPORT, AL ROLEK Public Hearing, Consider Resolution No. 00 — 98, Authorize i,.a° e in Tax Rate Increase for 2001, Al Rolek — Staff advised this is an informal public can _ has been notified and notice published. Staff explained that the Minnesota Leg at .ass a law during the 1999 legislative session which requires local governments to, hol s ;a pu hearing and adopt an authorizing resolution if the tax rate of the jurisdiction for gener. ► s, excluding general obligation debt, will increase for the coming year. This is calcul.. ed on formula prescribed by the Minnesota Department of Revenue. The prescribed formu creat a "theoretical" tax rate for the previous year and does not allow for growth in the city's b the= fore, except in rare instances, any increase in v1p+.,ly.cu general tax levy dollars will result in a t �; .`'ncrease for the coming year. Staff presented and provided ane chart identifying the City's tax rate calculation. It was explained that even if the oaa it reduces the tax levy to achieve no increase in the tax rate, as has been discussed, accor• • ,3 e p 'scribed formula, the tax rate for Lino Lakes will increase in 2001. Therefore, Counci ust at 5t the authorizing resolution. Should Council not adopt the resolution, the tax rate wi the same theoretical rate as in 2000, which would leave the City in a serious financial short sit ation for the 2001 budget year. Staff recommends that following the public hearing, the Council adopt Resolution 00 — 98 authorizing an increase in the tax rate for taxes collectible in 2001. Mayor Bergeson opened the public hearing at 6:52 p.m. Council Member Carlson moved to close the public hearing at 6:52 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. In response to Mayor Bergeson, Mr. Rolek explained the resolution does not set a dollar amount or tax rate. It states the Council authorizes the County Auditor to set a tax rate higher than payable the previous year. COUNCIL MINUTES OCTOBER 9, 2000 Council Member Reinert explained that year after year the City collects more taxes and this authorizes the City to take that money and spend it. Mr. Rolek stated that is correct. Council Member O'Donnell stated the reason more taxes are being collected is that there are more homes and commercial properties paying taxes than the previous year. Mr. Rolek stated that is correct. Council Member O'Donnell moved to adopt Resolution No. 00 — 98, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 00 — 98 can be found in the City Clerk's office. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Resolution No. 00 — 99, Participation and Support of Safe and So s rant, Sergeant Hanunes — Staff advised the Lino Lakes Police Department is requesting the ounc ccept grant funds of $26,500 to participate in the Safe and Sober Communities probe foggy e p"od of October 1, 2000 to September 30, 2001. This grant will provide overtime fundito enforce seat belt laws, child safety restraint laws, speeding laws, aggressive driv. � _ 1 �, gip, dri ng under the influence and any other alcohol related offenses including under age , ons i, pti a� 4'i ivers. The Lino Lakes Police Department participated in this grant program during period last year along with other agencies within Anoka. County including Anoka .g Sheri s Department, Centennial Lakes Police Department, Spring Lake Police Depart . t. Francis Police Department. Council Member Dahl moved to adopt ' ' • on o. 00 — 99, as presented. Council Member Carlson seconded the motion. Motio u` imously. Resolution No. 00 — 99 can be i e City Clerk's office. PUBLIC SERVICES D PAR NT REPORT, RICK DEGARDNER Resolution No. 00 — 97, A dept g Bids and Awarding Flusher Truck and Flusher Equipment Contract, Linda Waite S h — Staff advised sealed bids were received and publicly opened at 10:05 a.m. on September 28, 2000. Three (3) bids were received and results of the bid opening are as follows: Contractor Amount of Bid Stepp Manufacturing Company, Inc. $ 96,936.30 Ruffridge-Johnson Equipment Company, Inc. $108,521.37 Crysteel Truck Equipment $113,050.80 City Council action is required to award a construction contract to the lowest responsible bidder. The lowest bid is $11,585.07 below the next lowest bid. Upon reviewing the bid documents, staff discovered that Stepp Manufacturing bid on a SC7000 Model Set -Back Axle Truck. The SC7000 Model is a lighter framed truck and has lighter rear axles. To ensure that this new piece of equipment 4 • • COUNCIL MINUTES OCTOBER 9, 2000 lasts 20+ years, staff recommends that a SC8000 Model be used as specified. Also, Stepp Manufacturing did not provide a list of municipal users of their product as requested. The bid as submitted is incomplete. Ruffridge-Johnson Equipment Company, Inc. bid documents satisfy all requirements set forth in the bid specifications. In addition to the bid amount, there will be approximately $2,000 of additional costs for equipping the vehicle with a radio and other needed equipment. For these reasons, staff recommends adopting Resolution No. 00 — 97, rejecting the bid received from Stepp Manufacturing and awarding the contract to Ruffridge-Johnson. The funding for the Flusher Truck will be from the proceeds of the 2001 Certificates of Indebtedness. Council Member Carlson moved to adopt Resolution No. 00 - 97, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 00 — 97 can be found in the City Clerk's office. ADMINISTRATION DEPARTMENT REPORT, DAN C - TINUED Public Hearing, FIRST READING on Ordinance NSI with Reliant Energy Minnegasco (continued from Linda Waite Smith, Continued — Staff advised explained the purpose of each. opting a Franchise Agreement er 5, 2000, 3/5 Vote Required), consider two ordinances and Mayor Bergeson opened the continued s m earing at 7:02 p.m. Robert Bening, 6788 E. Shadow Le, e forward and stated some residents do not receive natural gas and asked how mangy;;; . : or businesses would not be covered by this fee. Ms. Waite Smith stated t the NSP franchise agreem explained that until the fr a fee. resid:p ith Circle Pines utilities already pay a franchise fee and when , a franchise fee will be negotiated with them as well. It was s- `'agreement expires, it is difficult to renegotiate the terms and include Mr. Bening expressed concern that some homes and businesses that do not use natural gas would not participate in the payment of this fee. Ms. Waite Smith explained the franchise fee would be negotiated for both electric and gas utilities once those franchise agreements come due to be renegotiated. Mr. Bening stated he would like an answer as to how many residents would not participate in paying a franchise fee before this is adopted. Council Member stated his suppliers are Minnegasco and NSP and asked if he would be paying two franchise fees. COUNCIL MINUTES OCTOBER 9, 2000 Ms. Waite Smith stated that would be the case and the Council can make that determination. Stan Zarambo, 6250 Red Maple Lane, stated his concurrence with Mr. Bening that the question is one of fairness since this is charging a fee to one resident while another resident would pay no fee and still receive a service. Mayor Bergeson stated the intention is to treat all equally as the franchise agreements expire. He advised the recommendation from staff is to continue the public hearing to the next Council meeting. Council Member Dahl asked when the NSP contract expires and comes due for renegotiation. Ms. Waite Smith estimated it may be 2009. Council Member Dahl asked how long Circle Pines has been charging a franchise fee to Lino Lakes residents. Ms. Waite Smith stated she is unsure but can provide that information to Council. Council Member Dahl suggested that information be presented to the Council a .e,., . Bening. Council Member O'Donnell moved to continue the public heariober 23, 2000, Council meeting. Council Member Dahl seconded the motion. Motu c . ed �: imously. Mayor Bergeson noted the staff recommendation to co P sid ` firs ding of the two (2) draft 4 t ordinances, the first adopting a franchise agreement nergy Minne gasco. Council Member O'Donnell moved to approve Council Member Reinert seconded the mot ADING, Ordinance 14 - 00, as presented. Council Member Carlson stated the c c s . formed the idea of adopting a franchise fee to pay for roads came from the Charter C ion. he stated she is aware the City Charter allows the City to set franchise fees and t :' conflict. However, she sees the possibility of a conflict when a road is improved whting sidents do not support the road or the width of the road, etc. She stated concern t w t the a r or Co -Chair of the Charter Commission has not appeared before the Council offerin She stated that at this time she will not support this ordinance. Council Member O'Donnell`' arified that the motion on the floor would adopt a franchise agreement, not the franchise fee. Ms. Waite Smith stated she had invited the Charter Commission Chair to the last Council meeting when this was discussed but he did not feel it was necessary to attend. She advised that this topic is on the Charter Commission agenda for their meeting on Thursday, October 12, 2000. Upon inquiry, Ms. Waite Smith reviewed the requirements contained in the proposed ordinance, noting it also indicates the City has the right to charge a franchise fee. This means that during the next eleven (11) years, the Council can decide if they want to charge a franchise fee or add a meter fee. 6 COUNCIL MINUTES OCTOBER 9, 2000 Council Member Carlson asked if this would set the franchise fee. Ms. Waite Smith stated this ordinance would not set the franchise fee. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted aye. Council Member Carlson voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Public Hearing, FIRST READING on Ordinance No. 15 — 00, Establishing a Meter Fee for Customers of Reliant Energy Minnegasco (continued from September 25, 2000, 3/5 Vote Required), Linda Waite Smith — Staff advised the City's franchise agreement with Reliant Energy Minnegasco expired several years ago. That agreement did not impose a franchise fee. In 1999, the City Council directed staff to negotiate a new agreement and include a franchise fee with the intent of treating all franchisees in the City consistently. The new agreement has been submitted to the City Council as proposed Ordinance 14 — 00. In connection with that agre �� t, Ordinance 15 — 00 establishes a meter fee of about $1.50 per residential user, or equiv toa.proximately 3% of the average customer bill in each category of customers. Council Member Dahl asked if a section could be added t would be used so, in the future, it could not be used fo , so Hawkins stated that could be contained in the ordin ger on how the revenue thin er than road construction. Mr. uld be amended by a future council. Council Member Dahl asked if including it in t ordiri ce would require a public hearing to amend. Mr. Hawkins stated that is correct. Council Member O'Donnell stated t on its residents. However, one ad was unable to assist to bring th However, the questions raise Council Member O'Don . 11 state more information about t t issue since no one wants to impose another tax be in a situation like Twilight Acres where the City more into alignment with something reasonable. d again tonight are about whether this is equally shared. is an important question and he would appreciate receiving Council Member Carlson stag d 22 people contacted her on this issue and raised issues about adding another tax and using it for road repair. The fact the money could legally be used for road repair is clear cut but the concern is whether the Council is trying to get around the Charter since it does not allow the use of General Funds for road repair without a Charter amendment. She stated she would need a recommendation from the Charter Commission before she would be willing to support this ordinance. Council Member Dahl suggested this ordinance be tabled to the next Council meeting to allow time to get the information requested and needed to make a good decision. Mr. Hawkins stated a motion to table, if seconded, would be in order even though there is a motion on the floor to adopt. 7 COUNCIL MINUTES OCTOBER 9, 2000 Mayor Bergeson spoke in support of a franchise fee. He stated anytime a fee or tax is raised, it is not popular but he believes the Council has a responsibility to assure City business continues and the roads are repaired. He noted the Council has been up front with this issue and the Charter Commission is aware it is on the Council's agenda and voiced no objection. Mayor Bergeson stated his support for the fee as proposed. Ms. Waite Smith noted that Council Member Dahl sits on the Charter Commission and suggested she ask the Charter Commission to provide a written position statement. Council Member Dahl stated she would be happy to make that request. Council Member Dahl moved to table consideration of Ordinance 15 — 00 until a Charter Commission recommendation and answers to the questions asked tonight are received. Council Member Carlson seconded the motion. Motion carried with Mayor Bergeson voting against. FINANCE DEPARTMENT REPORT, AL ROLEK Public Hearing, Consider Resolution No. 00 — 98, Authorizi a "fi a in Tax Rate increase for 2001, Al Rolek — This item was considered earlier in th PUBLIC SAFETY DEPARTMENT REPORT, DAVE Resolution No. 00 — 99, Participation and Sup Safe nd Sober Grant, Sergeant Hammes — This item was considered earlier in the meeti PUBLIC SERVICES DEPARTMEN Resolution No. 00 — 97, Acceptin Contract, John Powell — This COMMUNITY DEVE CK DEGARDNER warding Flusher Truck and Flusher Equipment onsidered earlier in the meeting. P_,.. EPARTMENT REPORT, BRIAN WESSEL Presentation of EDAC Ec r o ° c Development Plan, Mary Alice Devine — Staff advised the Economic Development Ad ' ory Committee (EDAC), has as its directive to help the City Council encourage growth of new and existing business. EDAC has revisited its original long-range economic development plan that was completed five (5) years ago. EDAC examined what was still relevant and what needed to be updated and redirected to ensure that a plan continued to support the goals of the City. Staff explained the five (5) year plan is intended to be a general guide for economic development based on the draft Comprehensive Plan. EDAC updates a one (1) year action plan each year with more specific goals and objectives. EDAC revisited its recommendation in the one (1) year action plan regarding housing mix and addressed the need for housing in the Town Center on a broader level. EDAC determined that the draft Comprehensive Plan and local market conditions would best direct the housing mix. The recommendation EDAC approved at its September meeting is as follows: 8 • • COUNCIL MINUTES OCTOBER 9, 2000 "A diverse mixture of high density multi -family homes, including rental and affordable* units, with , will be encouraged in the Town Center to help ensure the principles of Traditional Neighborhood Development are met. . ! - Specifically, this recommendation: • Supports the EDAC goal to provide necessary housing for the expanding commercial and industrial labor force in Lino Lakes; • Identifies the Town Center as an ideal location for high density multi -family development, including rental and affordable housing; • Supports a minimum housing density of 22 units per acre for residential land in the Village • Recognizes that an affordable components to the housing is critical to receiving financial incentives that will help ensure the success of the Village development. Staff recommends the Council endorse the five (5) year economic de ent plan as presented by EDAC. Council Member Dahl noted the comment this is to be a "ge refers specifically to this recommendation. She asked if t few items. Ms. Devine stated the five (5) year plan is a mor City should take. The one (1) year plan is more specific actions they would like the City to and provides no ability to provide direct ut pointed out that it later guide or if it locks in quite a and overall look at what EDAC thinks the n encouraging the City with priorities and ed EDAC is a citizen advisory committee s a Council decision. Council Member Dahl asked if co ion for the one (1) year or five (5) year plan. Ms. Devine stated both plans are being pre Council Member Dahl st•! her ession this recommendation is very specific. She stated she realizes the time and effo as put into this consideration and thanked them for that effort. Mayor Bergeson stated this ' a recommendation from EDAC, based on the Council's directive,,and being presented for the Council's consideration. Fred Chase, EDAC Chair, stated they are a group of citizens and each voiced their opinion in terms of recommendations being made to the Council. He stated the Council can accept or modify the recommendation. Mr. Chase reviewed their extensive effort in dealing with each issue of consideration and noted the one (1) year plan is more specific but can be modified by the Council as they desire. Council Member Reinert stated these are EDAC opinions and recommendations and he believes the Council is lucky to have their involvement in these issues on what should be developed in the future. He noted the Council consideration is to receive this recommendation, not necessarily adopt it. 9 COUNCIL MINUTES OCTOBER 9, 2000 Council Member Carlson thanked the EDAC for the work they have put into this effort. She stated she has attended their meetings for approximately five (5) years as a representative of various committees. Council Member Carlson stated the EDAC deserves a voice in what is determined and noted the report indicates the negotiations with the Metropolitan Council on the Comprehensive Plan are not yet concluded. She stated she will take these comments and suggestions into consideration. Mr. Hawkins stated that while there is no legal requirement for a motion to accept the report, a motion could be made. Or, the Council could simply receive the report without a motion. Council Member Carlson asked if receiving the report means the Council is bound to a greater degree to 22 units of housing than if the report is only received. Mr. Hawkins stated acknowledging the report as being completed and accepting the report would not bind the Council to adopting those recommendations. Mayor Bergeson moved to receive the five (5) year economic develop t plan, as presented, with thanks. Council Member Carlson seconded the motion. Motion c SECOND READING, Ordinance No. 16 - 00, Vacating a Pheasant Hills Preserve 8th Addition (4/5 Vote Requir residents of Lots 2, 3, 4, and 5, all of Block 1, PheasanHil the City to vacate a portion of the easement located i depicting the dimensions of the existing easeme easement was dedicated for drainage and utility The grading plan, as proposed by the de backyards of these properties. Howe center of the swale was moved to outside of the plat limits and ru noted the submittal of prope imously. cross Lots 2-5, Block 1, ell — Staff advised that e 8th Addition, have petitioned k yards. Staff displayed a map osed vacation area. The existing 's engineer, originally showed a swale through the e lots were graded by the house builders, the lot e. In fact, some of the drainage has been pushed roperty owned by the Centennial school district. Staff atures supporting this easement vacation. The first reading of this o ® e `as held on September 11, 2000. Since the first reading, the residents in the area have c ¢ ac d the school district. The school district has indicated a willingness to grant the necessary drainaeasements to the residents. City staff has determined that even without the school district easement the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. The publication of the ordinance will be delayed until either the school district easement is acquired or the swale is relocated into the existing, though reduced in size, easement. However, it is staff's understanding the easement may be executed by the school district before the City Council meeting. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two readings, publication, and a waiting period before it is in effect. Staff recommends the Council approve the second reading of Ordinance No. 16 — 00. 10 COUNCIL MINUTES OCTOBER 9, 2000 • Council Member Reinert moved to approve SECOND READING, Ordinance No. 16 - 00, as presented. Council Member Dahl seconded the motion. • Council Member Reinert voted yea. Council Member Dahl voted aye. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 16 - 00 can be found in the City Clerk's office. Resolution No. 00 - 83, Receive Feasibility Report and Call Hearing on Improvement, Bluebill Ponds Utility and Street Improvements, (3/5 Vote Required), John Powell — Staff advised that on June 12, 2000, the City Council ordered the preparation of a feasibility report investigating the costs to construct sanitary sewer, watermain, streets, and storm sewer within the Bluebill Ponds subdivision. Bluebill Ponds is located on the south side of Main Stree ross from Wood Duck Trail. In accordance with Minnesota State Statutes 429, the feasibil' and a public hearing scheduled. Based on the preliminary November 13, 2000, at which time a detailed review of the Staff recommends adoption of Resolution No. 00 be received by Council earing will be scheduled for report will be presented. Council Member O'Donnell asked if there is an thin the report that should be brought to the Council's attention. Mr. Powell stated t ts discussed are typical to what would be installed in a subdivision, noting the 1 • t� area of the plat. He explained a road is proposed that would abut large siz „ in on one side and smaller sized new lots on the other side. He reviewed staff's effort ith residents of that area to determine if they intend to subdivide. Council Member Carlson dopt Resolution No. 00 — 83, as presented. Council Member Dahl seconded the motion. o n carried unanimously. Resolution No. 00 — 83 can a found in the City Clerk's office. Resolution No. 00 — 84, Approve Plans and Specifications and Authorize Advertisement for bids, Main Street Trunk Utilities (3/5 Vote Required), John Powell — Staff advised the plans and specifications for this project were ordered by the City Council on August 28, 2000. The next step in the Public Improvement Process for this project is to approve the plans and specifications and authorize the advertisement for bids. The bids would be received by the City Council on November 13, 2000, for construction in the Spring of 2001. This project would provide trunk utilities to Main Street. Staff recommends adoption of Resolution No. 00 — 84. COUNCIL MINUTES OCTOBER 9, 2000 Council Member O'Donnell moved to adopt Resolution No. 00 — 84, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 00 — 84 can be found in the City Clerk's office. Resolution No. 00 — 85, Approve Final Payment, Lake Drive Trunk Utilities Phase 2 (3/5 Vote Required), John Powell — Staff advised the contractor for the Lake Drive Trunk Utilities Phase 2, S.J. Louis Construction, Inc., is requesting City approval of Payment No. 7 (final) in the amount of $96,001.49. The original contract amount was $1,991,329.71 and the final contract amount is $1,920,029.82. Approval of the final payment will begin the one (1) year warranty period. Staff recommends adoption of Resolution No. 00 — 85. Council Member Reinert moved to adopt Resolution No. 00 — 85, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 00 — 85 can be found in the City Clerk's office. Resolution No. 00 — 86, Approve Final Payment, 2000 W .' r Management Project (3/5 Vote Required), John Powell — Staff advised the cont act•; for.' 000 Surface Water Management, Jay Bros., Inc., is requesting City appr• ` yment No. 1 (final) in the amount of $20,283.84. The original contract amount was $ , ' 04 an the final contract amount is $20,283.84. Approval of the final payment will '` one (1) year warranty period. Staff recommends adoption of Resoluti Council Member Dahl moved to a sol on No. 00 — 86, as presented. Council Member Carlson seconded the motion. ii n :ed unanimously. Resolution No. 00 — 86 c be fo 'n the City Clerk's office. Resolution No. 00 — 87, D Costs to be Assessed and Order Preparation of Proposed Assessment, Clearwater C ek 4th Addition (3/5 Vote Required), John Powell — Staff advised the four (4) development projects have progressed to the point where assessment rolls can be prepared. Costs for each improvement have been calculated by the City Engineer. Resolutions have been prepared ordering the preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter require a formal resolution ordering preparation of an assessment roll for each improvement project. The developer installed improvement projects to be assessed are as follows: • Clearwater Creek 4th Addition • Highland Meadows West • Pheasant Hills Preserve 11th Addition • Trapper's Crossing 3rd Addition 12 • • COUNCIL MINUTES OCTOBER 9, 2000 There are also several property owners who connected to City utilities this past year and requested the assessments be collected with their taxes. Each resolution will require a separate vote of the City Council. Staff recommends the Council adopt the resolution for each project and for the individual properties that connected. Staff advised the first consideration is adoption of a resolution related to Clearwater Creek 4th Addition. Council Member O'Donnell moved to adopt Resolution No. 00 — 87, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 87 can be found in the City Clerk's office. Resolution No. 00 — 88, Declare Costs to be Assessed and Order Preparation of Proposed Assessment, Highland Meadows West (3/5 Vote Required), John Il — Staff advised this resolution declares costs to be assessed and orders preparation of the Highland Meadows West improvements. d assessment related to Council Member Dahl moved to adopt Resolution No. 00 8 ore nted. Council Member O'Donnell seconded the motion. Motion carried unan. ou y. — � - ` � offic . Resolution No. 00 88 can be found in the City Resolution No. 00 — 89, Declare Costs to Assessment, Pheasant Hills Preserve advised this resolution declares costs assessment related to the Pheasant nd Order Preparation of Proposed dition (3/5 Vote Required), John Powell — Staff and orders preparation of the proposed e l lth Addition improvements. Council Member Carlson mo • °. do.' esolution No. 00 — 89, as presented. Council Member Reinert seconded the mo .n. M ; carried unanimously. Resolution No. 00 — 89 cane f•` nd in the City Clerk's office. Resolution No. 00 — 90, Declare Costs to be Assessed and Order Preparation of Proposed Assessment, Trapper's Crossing 3rd Addition (3/5 Vote Required), John Powell — Staff advised this resolution declares costs to be assessed and orders preparation of the proposed assessment related to the Trapper's Crossing 3rd Addition improvements. Council Member Reinert moved to adopt Resolution No. 00 — 90, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 90 can be found in the City Clerk's office. Resolution No. 00 — 91, Declare Costs to be Assessed and Order Preparation of Proposed Assessment, Individual Properties (3/5 Vote Required), John Powell — Staff advised this COUNCIL MINUTES OCTOBER 9, 2000 resolution declares costs to be assessed and orders preparation of the proposed assessment related to individual properties which requested connection to City utilities during the past year. Staff advised that approximately 20 property owners are involved. Council Member O'Donnell moved to adopt Resolution No. 00 - 91, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 00 — 91 can be found in the City Clerk's office. Resolution No. 00 — 92, Set Hearing on Proposed Assessment, Clearwater Creek 4th Addition (3/5 Vote Required), John Powell — Staff explained that since the City Council adopted the resolutions declaring the costs to be assessed and ordered preparation of the assessment rolls, public hearings on the proposed assessments need to be set. The following resolutions set the date for the public hearings for Monday, November 13, 2000 on the assessments to each of the projects. Each resolution will require a separate vote of the City Council. Staff recommends the adoption of the resolution for each projec connected. The first resolution for consideration sets the pu for the Clearwater Creek 4th Addition improvement. Council Member Dahl moved to adopt Resolution N O'Donnell seconded the motion. Motion carried Resolution No. 00 — 92 can be found in the Resolution No. 00 — 93, Set Hearin Vote Required), John Powell - S assessment for the Highland M Council Member Carlso , oved Reinert seconded the mot individual properties that the proposed assessment , as presented. Council Member Assessment, Highland Meadows West (3/5 s resolution sets the hearing on the proposed est improvement. opt Resolution No. 00 — 93, as presented. Council Member n carried unanimously. Resolution No. 00 — 93 can found in the City Clerk's office. Resolution No. 00 — 94, Set Hearing on Proposed Assessment, Pheasant Hills Preserve 11th Addition (3/5 Vote Required), John Powell — Staff advised this resolution sets the hearing on the proposed assessment for the Pheasant Hills Preserve 11th Addition improvement. Council Member Reinert moved to adopt Resolution No. 00 — 94, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 94 can be found in the City Clerk's office. 14 • COUNCIL MINUTES OCTOBER 9, 2000 Resolution No. 00 — 95, Set Hearing on Proposed Assessment, Trapper's Crossing 3rd Addition (3/5 Vote Required), John Powell — Staff advised this resolution sets the hearing on the proposed assessment for the Trapper's Crossing 3rd Addition improvement. Council Member O'Donnell moved to adopt Resolution No. 00 — 95, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 00 — 95 can be found in the City Clerk's office. Resolution No. 00 — 96, Set Hearing on Proposed Assessment, Individual Properties (3/5 Vote Required), John Powell — Staff advised this resolution sets the hearing on the proposed assessment for the individual properties that requested connection to City utilities. Council Member Reinert moved to adopt Resolution No. 00 — 96, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 — 96 can be found in the City Clerk's office. Consideration of Letter Clarifying Livable Commu advised that at the September 25, 2000 Council meeti Livable Communities Demonstration Account applic the resolution, the Council requested a letter of c best method for facilitating site control. The in and the landowners to best leverage the fu The Village. The resolution and letter of clarifi part of the Phase II grant applic approval. nit' n, Mary Devine - Staff , awas adopted supporting the funding. As a condition of approval of ion t t the City has not yet determined the ontinue working with the development team to the implementation stage of this phase of ap ®loved, would be sent to the Metropolitan Council as f read the letter of clarification in full and recommended Mayor Bergeson asked th., indicate under his signature: "Mayor for Lino Lakes City Council." The Council con Council Member O'Donnell moved to approve, the letter of clarification, as revised. Council Member Reinert seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS Consider Letter to Jon Olson of Anoka County pertaining to CSAH 49 Reconstruction, John Powell — Staff reviewed the letter drafted to Jon Olson, Anoka County Engineer, pertaining to CSAH 49 reconstruction and the City's expectations that County representatives will be prepared to discuss all available design options at the November 8, 2000, meeting. Staff requested Council direction pertaining to this letter as drafted. COUNCIL MINUTES OCTOBER 9, 2000 Council Member Reinert requested the addition of the following: "The City Council is very interested in exploring all alternatives and wants to know the limit of Anoka County's flexibility on this project including removal of the median and/or lowering of the speed limit." Mr. Powell stated his desire for Anoka County to explore all alternatives. He suggested language to add those two options while keeping all considerations open. Council Member Reinert moved to approve the letter to Jon Olson, Anoka County, as revised. Council Member Carlson seconded the motion. Motion carried unanimously. NEW BUSINESS - None COMMUNITY CALENDAR OCTOBER 9, THROUGH OCTOBER 23, 2000: Planning & Zoning Board Meeting, Wednesday, October 11, 2000.0 p.m. Charter Commission Meeting, Thursday, October 12, 2000 Mayor Bergeson asked if the Council wants to begin a dis budget discussion ends before 8:30 p.m. Ms. Waite S e 'th revised to allow for added discussions. Mayor Berge advise staff of their budget questions in advance. Comprehensive Plan if the the posting for the meeting be d and asked the Council Members to Special Council Work Session, Friday, 0 00, 7:00 a.m. Council Work Session, Wednesday t i r 2000, 5:30 p.m. City Council Meeting, Mond . r 23, 2000, 6:30 p.m. ADJOURN There being no further busi ss, Council Member O'Donnell moved to adjourn at 8:15 p.m. Council Member Reinert seconded t motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, October 23, 2000. *Jet Ry-Chel Gaustad, City Clerk Transcribed by: Carla Wirth, TimeSaver Off Site Secretarial, Inc. 16 John : rgeson, ayor