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Home My WebLink About03/12/2001 Council MinutesCOUNCIL MINUTES MARCH 12, 2001 • Updated4/3/01 CITY OF LINO LAKES MINUTES DATE : March 12, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 9:00 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; City Engineer, John Powell; Economic Development Assistant, Mary Divine (part); Finance Director, Al Rolek (part); Sergeant Kurt Rausch (part); Sergeant Bill Hammes (part); Building Inspector, Pete Kluegel (part); Chief of Police, Dave Pecchia (part); and Public Services Director, Rick DeGardner SETTING THE AGENDA Mayor Bergeson advised the City Council will adjourn to a closed ethe City Attorney immediately after the regular Council meeting. The agenda was approved as presented. • CONSENT AGENDA Council Member Dahl moved to appr• nrAgenda, as presented. Council Member Carlson seconded the motion. M i n . ` imously. ITEM ACTION DISBURSEMENTS: March 12, 2001 heck No. 61253 — 61355, $204,677.96) Approved Approved Centennial Fire District Resolution No. 2001— 34, Approving Approved St. Joseph 3.2 Beer Permit Resolution No. 2001- 35, Transferring Funds from the Area and Unit Fund to the Water Operation Resolution No. 2001 — 44, Authorizing the Closing of 1994 and 1995 Construction 1 Approved COUNCIL MINUTES MARCH 12, 2001 Capital Projects Funds OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Approved Consider Resolution No. 2001— 33, Considering Adopting the 2001 Recreation Fund Operating Budgets, (3/5 Vote Required), Al Rolek — Finance Director Rolek advised the City Council reviewed the proposed 2001 Recreation Fund Operating Budgets at their Budget work session held August 31, 2000. The budget being presented for approval has not changed since the work session. The Recreation Fund is a special Revenue fund and operates from revenues collected from recreation fees. No part of the tax levy is used to finance Recreation Fund operations. The budget for 2001 estimates that a small surplus of $8,780 will be realized in this fund. It has been the practice of the City Council to adopt the Recreation Fu resolution. Staff recommendation is to adopt Resolution No. 2001 Recreation Fund Operating Budget. ting budgets by g the final 2001 Council Member Carlson moved to adopt Resolution N 0 3 presented. Council Member Reinert seconded the motion. Motion carried una Resolution No. 2001— 33 can be found in ADMINISTRATION DEPART There was no Administrati PUBLIC SAFETY D NT REPORT, DAVE PECCHIA Approve the 2000 Dep " ment of Public Safety Annual Report, (3/5 Vote Required), Sergeant Kurt Rausch — Chief Pecchia advised Sergeant Kurt Rausch will present the 2000 Department of Public Safety Annual Report. Building Inspector Pete Kluegel will present the Building Inspection Report. Mayor Bergeson asked staff to review the handout regarding the curfew within the City. Sergeant Kurt Rausch reviewed the curfews for all children up to age 17 noting the curfew is for all of Anoka County. He also noted that a copy of the report is available in the Citizens Library. Staff recommended the City Council accept the Department of Public Safety 2000 Annual Report as presented. Council Member Carlson moved to accept the Department of Public Safety 2000 Annual Report, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 2 • • • COUNCIL MINUTES MARCH 12, 2001 Approve COPS More Grant, (3/5 Vote Required), Sergeant Bill Hammes — Sergeant Bill Hammes advised the Office of Community Oriented Policing Services adopted a program entitled "COPS MORE 2001 GRANT PROGRAM", which allows police department to purchase new computers and associated technologies. The Lino Lakes Police Department is applying for this grant to assist with the purchase of $75,731.00 worth of cutting edge technologies and computer systems to help the department manage the Public Safety Records System and the upgrade and maintenance of mobile data communication systems. The City's matching funds/local share is 25% of the total cost (18,932.75) which would be funded through the existing 2001 Public Safety Department's budget. Council Member Reinert moved to accept the request to submit the Grant proposal for consideration by the US Department of Justice, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Easement Agreement with Qwest Wireless, LLC, Rick DeGardner — Public Services Director DeGardner advised in December 2000, Qwest Wire = submitted a request for the City to rezone City Hall Park to Public Semi -Public (PSP). Tlv . pr ed at the February 28, 2001, City Council meeting. The City has received a formal application from Qwest 1 L o construct a 135 foot high tower for antennae for wireless telephone service k. The Federal Communications Act of 1996 requires that the City regulations, "shall pro' it or have the effect of prohibiting the provision of personal wireless services." ►. City's consulting engineer, presented his analysis at the February 28, 2001, Cit ting indicating that the proposed monopole at City Hall Park is necessary for Qwest to •rovide adequate service to its customers. The Easement Agreement tower. The tower wil colocators. Upon com for ownership of the to and related equipment. west Wireless LLC will construct and maintain the 135 foot d and constructed in such a manner to support two (2) additional tower will become the City of Lino Lakes' property. In exchange , t City will grant Qwest Wireless LLC an easement to access the tower nt will not be charged. Since the City will maintain ownership, rent can be charged to other wireless telephone companies who wish to colocate on the tower. Annual rents for colocating on similar towers are currently around $16,000. Gary Lysiak, the Consulting Engineer and the City Attorney have reviewed the proposed Easement Agreement. Access to the tower and equipment will be via the Public Works parking lot. Exhibit B, "Description of the Easement Tract and Access Route," will be legally described and included in the Easement Agreement. 3 COUNCIL MINUTES MARCH 12, 2001 Public Services Director DeGardner noted there is an amendment in the resolution requiring Qwest to remove the tower when and if it is no longer needed, at no cost to the City. Council Member Dahl moved to approve Easement Agreement with Qwest Wireless, LLC, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Resolution No. 01— 39, Terminating Assessment Agreement, H&L Mesabi, (3/5 Vote Required), Mary Alice Divine — Economic Development Assistant Divine advised on January 24, 200, the Lino Lakes Economic Development Authority entered into a Contract for Private Development with H&L Mesabi. The contract required H&L Mesabi to complete the construction of its facility by December 31, 2000. The facility has not been constructed and the EDA earlier tonight considered declaring default and terminating the agreement. An assessment agreement was also entered into by the EDA on be minimum market value of $690,800 with regard to the minim for taxes payable beginning in 2002. With no construction o apply and the assessment can be terminated. y calling for a as of January 2, 2001, market value does not Council Member O'Donnell moved to adopt Res E 'tion • . 2001 — 39, as presented. Council Member Reinert seconded the motion. M + imously. Resolution No. 01 — 39 can be fo erk's office. Resolution No. 01— 36 H&L Mesabi, (3/5 V advised in February 2 Mesabi. Unfortunately, agreement is scheduled R� x gg r and Building Plan Review and Conditional Use Permit, ed), Mary Alice Divine — Economic Development Assistant Divine Council approved a site plan and conditional use permit for H&L p`'`'•ject did not come together for the company. The assessment be canceled as different item on tonight's agenda. Staff recommends passing a formal resolution revoking the approvals of the site plan and the CUP. While not strictly necessary, it formally recognizes that the project is not going to be constructed and formalizes the rescinding of the approvals. Council Member Carlson moved to adopt Resolution No. 01— 36, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01 — 36 can be found in the City Clerk's office. Consideration of Business Subsidy Agreement for Summit Fire Protection, (3/5 Vote Required), Mary Alice Divine — Economic Development Assistant Divine advised that earlier this evening the Economic Development Authority held a public hearing regarding a proposed $217,059 business 4 • • • • • COUNCIL MINUTES MARCH 12, 2001 subsidy in the form of Tax Increment Financing to Summit Fire Protection for the construction of a 30,000 square foot facility in the Apollo Business Center. State statue requires that a public entity — in this case the EDA — must find that the granting of a subsidy meets the best interests of the City, and a business subsidy agreement needs to be approved by both the EDA and the City Council. This subsidy is to be used to write down a potion of the cost of land and assessments on the project according to the terms of a development agreement. The subsidy agreement specifies the commitment the company is making regarding wages and jobs, plus the annual reporting that is required. Council Member Reinert inquired about how the amount of the TIF was derived. Economic Development Assistant Divine advised there is a number of criteria and a specific scoring method to qualify for TIF. The method used determined the TIF amount to be 14% of the estimated market value. Council Member Reinert asked if another business with the same criteria would receive the same amount of TIF. Economic Development Assistant Divine advised ano ess with the same criteria would receive the same amount of TIF if the value of the b ' i e same. Council Member Reinert moved to approve the business sub contingent upon approval of site and building plan and seconded the motion. Motion carried unanimousl t Fire Protection, on. Council Member Dahl Resolution Nos. 01— 37 and 01— 38, A • . g ' ubdivision and Site and Building Plan Review for Summit Fire Protection quired), Cindy Sherman of NAC — Ms. Sherman advised the applicant, R • `x; p - s, • n behalf of Summit Fire Protection, is requesting minor subdivision and site plto al ow the construction of a 30,076 square foot office/warehouse facility o pe located in the 200 block of Apollo Road. The site plan also illustrates a 22,800 sq fo • + ture expansion and parking for this expansion. Should the applicant wish to construct this the future, they will need to receive separate approvals. Summit Fire Protection s started in 1999. According to the company's biographic information, they design, manufacture, install, and service fire suppression systems. The company has approximately 80 employees with facilities in Savage, Roseville, Rochester, and Fargo, ND. This facility will consolidate their Savage and Roseville operations. Ms. Sherman presented the analysis of the minor subdivision and site and building plan review. Ms. Sherman advised the Environmental Board reviewed the project on January 31, 2001 and on February 28, 2001. She referred to a copy of their comments and recommendation. The Planning and Zoning Board reviewed this application at their February 13, 2001, meeting and they recommend approval of the minor subdivision and site plan to allow the construction of a 30,076 square foot office/warehouse facility. This recommendation is based on the findings contained in the report and conditions of approval. 5 COUNCIL MINUTES MARCH 12, 2001 Mayor Bergeson inquired about parcel F and G and asked why they are being separated. Ms. Sherman advised the separation will create parcel F, G and H. Mayor Bergeson inquired about the purpose of the separation. Ms. Sherman advised the separation is to create the parcel for the building. Mayor Bergeson asked if parcel G is for future development. It was indicated that parcel G will be retained by Mr. Uhde. Mayor Bergeson indicated the access will come from Apollo Court. Ms. Sherman advised the access will come from Apollo Court. It will be extended and a temporary cul-de-sac will be constructed. Council Member Carlson moved to adopt Resolution No. 01— 37, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member O'Donnell moved to adopt Resolution No. 01— 38, based on the staff report and the following conditions: 1. Maintain the perimeter curb setback along then a it at five (5) feet 2. Store all trash and recycling material wit rin structure or apply for and receive approval for a trash enclos 3. Outside storage shall be pr 4. The applicant shall lighting fixture '' vie 5. Install adjacen an approved conditional use permit ed ut sheets of the proposed shoebox exterior prior to issuance of a building permit. Greening along the western side of the site to screen it from the uses. 6. Plans mu show all drainage, ponding, and utility easements required by the City Engineer and deeds conveying the easements shall be provided prior to issuance of a building permit. 7. A maintenance plan for the native plantings must be submitted and is subject to the approval of the Environmental Specialists prior to issuance of a building permit. 8. The comments in the memo by the City Engineer/TKDA dated March 6, 2001, must be addressed to his satisfaction before a building permit is issued. 9. The applicant shall explore a non -burning strain of prairie grass to be used on the site and a revised landscaping plan shall be reviewed and approved by the Environmental Specialist before a building permit is issued. 6 • • • COUNCIL MINUTES MARCH 12, 2001 Council Member Dahl seconded the motion. Mr. Quint Rubald, President of Summit Fire Protection, came forward and stated he is working with a landscaping company regarding the prairie grass issue. It is anticipated that a solution will be found that is acceptable to the City and the Fire Chief. Mr. Frank Zelley, Construction Manager, came forward and stated he has mailed to the City the sheets for the "shoe box" lighting. He asked if the City has received them. Economic Development Assistant Divine advised the City has received that information. Motion carried unanimously. Resolution Nos. 01 — 37 and 01 — 38 can be found in the City Clerk's office. SECOND READING, Ordinance No. 04 — 01, Amending Zoning Ordinance to Allow Accessory Buildings in Industrial and Commercial Districts, (4/5 Vote Requi n Powell — City Engineer Powell advised the City Council approved the first readi e No. 04 — 2001 on February 26, 2001. The ordinance amends the zoning ordinanc + . w _ s. sory buildings in commercial and industrial zones. Council Member Dahl moved to approve the SEC �, G of Ordinance No. 04 — 2001. Council Member Reinert seconded the motion. Council Member Carlson voted yea. voted yea. Council Member Rein- ; • Motion carried unanimousl Ruyor Bergeson voted yea. er ahl voted yea. Council Member O'Donnell a Ordinance No. 04 — 01 d in the City Clerk's office. Resolution No. 01- 45, pproving Minor Subdivision of VFW Property, Apollo Drive, (3/5 Vote Required), John Powell — City Engineer Powell advised documents including a revised survey and shared driveway agreement have not yet been provided. He recommended this item be postponed until the March 26, 2001, Council meeting. Resolution No. 01— 40, Receive Feasibility Report, Saddle Club Utility and Street Improvements, (3/5 Vote Required), John Powell — City Engineer Powell advised at the February 26, 2001, City Council meeting, a study was ordered to evaluate the preferred method of sanitary sewer and water service to the Saddle Club property. This information will be used by the developer to guide their water and sewer design within the subdivision. The only City Council action requested at this time is to receive the report. Further action on improvements outside the limits of the subdivision is delayed until the proposed subdivision receives preliminary City Council approval. 7 COUNCIL MINUTES MARCH 12, 2001 Mayor Bergeson clarified that approval of the report does not indicate approval of the project. Council Member Reinert asked if there is any liability for the Council in receiving the report as to the layout of the plan that are in the study. City Engineer Powell advised the developer requested information on how to service the area. The City is not directing or approving a specific plan by approving the report. The City is only providing information on how the utility service can be provided to that area. Council Member Reinert moved to adopt Resolution No. 01 — 40, Receiving the Feasibility Study for the Saddle Club Utility and Street Improvements. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01 — 40 can be found in the City Clerk's office. Resolution No. 01— 41, Order Preparation of a Feasibility Study for the 21st Avenue Street and Utility Improvements, (4/5 Vote Required), John Powell — City Engineer Powell advised this project involves the construction of roadway and storm sewer along 2 st e, south on Main Street. 21st Avenue is located along the border between Centervil ;�r'no' :� es and is immediately west of the existing Amoco station. It will provid adway access to the new Dairy Queen on the southeast corner of 21st Avenue/No e : . oulevard. The installation of roadway and storm sewer in thr : a as considered previously. A TKDA study dated January 25, 2998, and revised Febru . _ ' 8, was submitted to the City and evaluated not only storm sewer and streets but also d water service to this area. City staff is re- initiating the public improvements for e reasons: 1. The cost info ne in the original study is over three (3) years old and should be u 2. The co provements will be recovered through assessments to benefiting properti o Lakes, and through the Joint Powers Agreement with the City of Centervil . We want to provide current cost information to Centerville before proceeding with re -construction of the roadway. We also want to ensure the Statue 429 process, including the assessment process, remains intact. 3. Ownership of some effected properties in Lino Lakes has changed since 1998. 4. Additional detail is available regarding use of the adjoining properties. The Feasibility Study will be received at the April 9, 2001, City Council meeting. Assuming concurrence by the City of Centerville, the construction would take place this spring. Council Member O'Donnell moved to adopt Resolution No. 00 — 41, as presented. Council Member Dahl seconded the motion. 8 • • • COUNCIL MINUTES MARCH 12, 2001 Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Resolution No. 01— 41 can be found in the City Clerk's office. Resolution No. 01— 42, Order Preparation of a Study for the 2002/2003 Street Reconstruction Projects, (4/5 Vote Required), John Powell — City Engineer Powell advised that in order to initiate the process for construction of the next street reconstruction projects, the City must first select the roadways to be included in the projects. The City has a ranking of the roadways based on their pavement condition. To properly prioritize the roadways, the City needs to consider whether or not the roadways have sanitary sewer and water. If not, the City should evaluate the necessity, and timeline, for installation in the future. The purpose of the study is to re -rank the roadways after incorporating utility service and need issues. The Study will be received at the April 9, 2001, City Council meeting. feasibility studies on the roadway segments slated for reconstructi 2001. 41 Council Member Dahl moved to adopt Resolution No. 4 s nted. Council Member Carlson seconded the motion. iation of detailed nitiated on April 23, Council Member Carlson voted yea. Cou 1 voted yea. Council Member O'Donnell voted yea. Council Member Reinert v or ergeson voted yea. Mayor Bergeson clarified the Motion carried unani ly. r Re olution No. 01— 42. Resolution No. 01 — 42 "found in the City Clerk's office. Resolution No. 01— 43, Order Preparation of Plans and Specifications for the Black Duck Lift Station Improvements, (3/5 Vote Required), John Powell — City Engineer Powell advised the existing Black Duck Lift Station is located on the west side of Black Duck Drive, south of Lantern Lane. A new lift station is proposed to replace the existing lift station, which was constructed in 1970. In 1994, the City prepared plans and specification to construct a new lift station and rejected bids due to the high contract prices received. The City also initiated a project in 1998 to replace this lift station but terminated the process due again to estimated costs. The waste water flow volumes that enter the existing lift station have continually increased and the lift station needs to be replaced in order to operate in a safe and efficient manner consistent with current design standards. The pumps in the station have to operate much more frequently each hour than desired. The station also has very little storage, which causes the sanitary sewer to be surcharged. COUNCIL MINUTES MARCH 12, 2001 As with the earlier project, staff is proposing to construct a new lift station consisting of a wet well and submersible pumps on the east side of Black Duck Drive within the unimproved Captains Place right-of-way. This will allow the existing lift station to remain in service as the new one is constructed. The new design will also eliminate the pump house as all of the components of the new lift station will be underground except for a control panel and a generator shelter. The cost of replacing this station will continue to increase. The cost of maintaining the station will also continue to increase as the components wear out more quickly due to high cycling frequencies. Replacing the station with a submersible pump system will also reduce OSHA confined space entry by City Public Works personnel. The funding for the project is proposed to come out of the City's Trunk Area and Unit funds. It is this type of project for which the Area and Unit funds were specifically created. City Engineer Powell advised the Finance Director has confirmed there are adequate dollars in the Area and Unit Fund for this project. Council Member O'Donnell inquired about completion of the project ect is approved. City Engineer Powell advised the project would be completed mid to 1 s year. Council Member Dahl asked what will happen to the old lift the old lift station is in someone's backyard. The old li constructed. The old lift station will be removed easement. The intent of moving the lift station it ngineer Powell advised used while the new one is y need to maintain a drainage a buffer for the residents. Council Member Reinert asked if the heold lift station. City Engineer Powell advised the old lift station is not useful ex tat .n in that area. The City would abandon the lift station similar to the process hol Council Member Rei sk` the residents will experience any problem with their water or the water pressure with th t d tion. City Engineer Powell advised the new lift station will only affect the sanitary sewe te, not the water system. Council Member O'Donnell moved to adopt Resolution No. 01 — 43, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 01 — 43 can be found in the City Clerk's office. UNFINISHED BUSINESS February 5, 2001, Special Council Work Session Minutes — Council Member Carlson referred to page 3, paragraph 5, # 3. She requested the following be removed from the sentence "then divide the balance by the number of years to determine the average number of permits to issue each year". 10 • COUNCIL MINUTES MARCH 12, 2001 Council Member Carlson referred to page 5, paragraph 4, and corrected the sentence to read "Carlson said that Anoka County Commissioner Margaret Langfield told her assisted living could be done most successfully through partnership with a nonprofit organization." Council Member Dahl moved to approve the February 5, 2001, Special Council Work Session Minutes, as amended. Council Member Carlson seconded the motion. Motion carried unanimously. February 21, 2001, Council Work Session Meeting Minutes — Council Member Carlson referred to page 3, paragraph 13, and corrected the sentence to read "Council Member Carlson asked if municipal utilities has tax advantages that the other companies can not utilize". Council Member Dahl moved to approve the February 21, 2001, Council Work Session Meeting Minutes, as amended. Council Member Carlson seconded the motion. Motion carried unanimously. February 26, 2001, Council Meeting Minutes — Council Member Dahl moved to approve the February 26, 2001, Council Meeting Minutes, as presented. Council Member Carlson seconded the motion. Motion carried with Mayor Bergeson abstaining. NEW BUSINESS - None COMMUNITY CALENDAR MARCH 13 THROU , 2001: • Planning and Zoning Board Meeting, Wednes h 14, 2001, 6:30 p.m. Council Work Session, Wednesday ! I , 5:30 p.m. City Council Meeting, Mon _ 26 001, 6:30 p.m. ADJOURN • Mayor Bergeson advise a ity Council will adjourn to a closed meeting with the City Attorney. The Council will comm ce back and adjourn the regular Council meeting. The video portion of the Council meeting will conclude now. Council Member O'Donnell moved to adjourn to a closed meeting at 7:45 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. The City Council reconvened the regular Council meeting at 8:59 p.m. There being no further business, Council Member Reinert moved to adjourn at 9:00 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, March 26, 2001. 11 COUNCIL MINUTES (MA( tati2d Zyhel Gaustad, City Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. MARCH 12, 2001 12 ergeson, Ma" or