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HomeMy WebLinkAbout09/24/2001 Council MinutesCOUNCIL MINUTES SEPTEMBER 24, 2001 CITY OF LINO LAKES MINUTES DATE : September 24, 2001 TIME STARTED : 6:34 P.M. TIME ENDED : 9:15 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; Public Services Director, Rick DeGardner; Finance Director, Al Rolek; Chief of Police, Dave Pecchia (part); Fire Chief, Milo Bennett (part); Associate Planner, Tanda Gretz (part); and Community Development Director, Mike Grochala SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Carlson inquired about the T related to the Target project. City Engine Target project. The total amount was fo Council Member Dahl move Carlson seconded the moti nt of $125,186.90 and asked if it that d none of that expenditure relates to the e invoices. the onsent Agenda, as presented. Council Member ed unanimously. ITEM DISBURSEMENTS: ACTION September 10, 2001 (Check No. 63000 — 63103, $414,758.29) Centennial Fire District Approve Election Judge List OPEN MIKE Ms. Cindy Cook, 7748 Carol Drive, came forward and questioned what will happen to the watershed and water run-off when the Target project comes in. Approved Approved Approved 1 COUNCIL MINUTES SEPTEMBER 24, 2001 City Engineer Powell advised the item on the agenda this evening for the Target project relates to the Lake Drive reconstruction. Ms. Cook expressed concern regarding the water run-off. City Engineer Powell advised the site will drain to the south and southeast. There will be a pond that is developed as part of the project. Any well concerns should be directed to the Health Department. Wells should only be affected if they are not deep enough. Ms. Cook asked if the well will be inspected as part of the project. City Engineer Powell indicated staff can pass that concern on to the developer but typically wells are not inspected as part of a project. Ms. Cook asked at what depth the wells will be undisturbed. City Engineer Powell advised he does not believe the construction wil ,; nough on this project to cause a problem. Staff can follow up on that concern with the No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL RO Consider Purchase of Special Assessme + t e P kage, Al Rolek — Finance Director Rolek advised the system for tracking special or the City has been primarily a manual system. Although the tracking has been d •. g e preadsheets, the information needs to be updated manually each year. This inc . task as maintaining existing assessment records, tracking annual payments and prepastering land subdivisions and redistribution of assessment, and reconciling city . • Ano x ounty assessment records. In addition, the City Engineer spends much time in preparin n • ng new assessment rolls and performing special assessment searches. This has bee uous task at best, consuming many staff hours to perform these functions. An automated special assessment tracking system would alleviate many of the problems now being encountered in maintaining the manual system, would lessen the demand on staff time, and would improve the accuracy and availability of special assessment data. In their last management report, the City's auditor's recommended that the City consider automating special assessment records for these reasons. For some time staff has been researching its options for an alternative to the present system. Several automated systems were explored by staff, including systems used by the cities of Blaine and Fridley. It was the consensus of staff that the system developed by the City of Fridley would meet the needs of Lino Lakes the best at the most reasonable cost. The City of Fridley has offered to license its system to other cities at a cost of $3,000. Implementation of the system, including installation, data entry, • • • COUNCIL MINUTES SEPTEMBER 24, 2001 etc., is estimated at $2,000, for a total cost of $5,000. The City of Anoka recently purchased and is in the process of implementing the system. Other cities are considering the system as well. For the various reasons listed above, it is the recommendation of staff that the City of Lino Lakes purchase the Special Assessment tracking software from the City of Fridley at a cost of $3,000, with an additional $2,000 allocated for system implementation, for a total cost of $5,000. Financing for the software would come from the Closed Bond Fund. Council Member O'Donnell inquired about how taking dollars from the closed fund bonding may affect the current and next year's budget. Finance Director Rolek advised using dollars from the closed fund bond will not affect the general fund budget in any way. Council Member O'Donnell asked if the funds are not used now, would those funds roll forward for a capital purchase in 2002. Finance Director Rolek advised the funds would roll forward for a purchase in the future. Council Member Carlson moved to approve the purchase of the Special As ssment Tracking System from the City of Fridley for $3,000 and allocate $2,000 for implement costs to be financed from the Closed Bond Fund, as presented. Council Member Dahl n ' otion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT. FIRST READING, Ordinance No. 17 — 01 the Salaries of the Mayor and City Cou Minnesota Statute 415.11, the salaries o City Council. The statute goes o succeeding municipal electio A ndi a he Lino Lakes City Code by Increasing ation Director Tesch advised pursuant to Council are set by ordinance adopted by the ncrease shall not take effect until after the next The Council has not co '' pensation level since 1998. Ordinance No. 17 — 01 will set Council new compens hich will begin in 2003 and go through 2006. Council Member Reine n oved to approve FIRST READING, Ordinance No. 17 — 01, as presented. Council Member O'Donnell seconded the motion. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Motion carried unanimously. 2001 Community Service Awards, Dan Tesch — Administration Director Tesch advised the selection committee for the Lino Lakes Community Service Award received three (3) nominations for the 2001 Community Service Award. The committee was made up of representative of the Council's advisory boards. This year's nominations included: Dr. George Lindy, Park Board Chairman COUNCIL MINUTES SEPTEMBER 24, 2001 Mr. Andy Cardinal, Rice Creek Watershed District Mr. John Sullivan, Charter Commission Chairman It was the recommendation of the committee to recognize all three (3) individuals for their contributions to Lino lakes and the community. Awards will be delivered to the recipients when they are ready. Mayor Bergeson highlighted the accomplishments and years of service for each recipient and thanked each of them. He noted each recipient will receive a plaque when they are ready. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Centennial Fire Department 2002 Budget Presentation, Milo Bennett — Fire Chief Bennett advised the proposed 2002 Fire District Budget has been presented to the Fire District Steering Committee and they have recommended that it be forwarded to the cities for their approval. The major increase in this budget is for increased inspection wages. The F. - Department has been falling behind in this area and it needs to boost this effort up. The ins. io dget includes such things as plan reviews, field inspection for fire safety, fire prevent r. ties; d preplanning in case of a problem. This item should allow for three (3) part ti Vie: • le t 10 hours per week. Chief Bennett indicated he believes that this budget is presented. He referred to documents attached to t between the cities and the history of the budget. bee cluded into the City budget as that show the split of the budget Mayor Bergeson advised the Fire Distri ` • verght board that consists of the City Administrator and two (2) Counc'.e o each City. That board has reviewed the budget and recommended approval. Council Member Dah , ove • appr. ve the 2002 Fire District Budget, as presented. Council Member Carlson seco ® e . 'on. Motion carried unanimously. Consider Proclamatio`Resolution No. 01-155, Declaring October 7-13 Fire Prevention Week, Milo Bennett - Fire Chief Bennett advised Fire Prevention Week, October 7-13, 2001, with the theme "Cover Your Bases & Strike Out Fire" was designated to teach the public how to prevent common home fires and encourage people to develop a home fire escape plan that includes working smoke alarms. Fire Chief Bennett reviewed the highlights of the Proclamation and requested that Council acknowledge the proclamation in support of designating the week of October 7-13, 2001, as Fire Prevention Week in the City of Lino Lakes. Council Member Reinert moved to adopt Resolution No. 01— 155, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01-155 can be found in the City Clerk's office. 4 • • COUNCIL MINUTES SEPTEMBER 24, 2001 Consider Proclamation, Resolution No. 01-154, Declaring October Crime Prevention Month, Dave Pecchia — Police Chief Pecchia advised crime prevention month was designed to heighten crime prevention awareness, generate support and participation in local anticrime efforts among civic groups, schools, faith communities, businesses, and individuals as they help to nurture communal responsibility and instill pride throughout the City of Lino Lakes. Police Chief Pecchia read the Proclamation and requested Council acknowledge the Proclamation in support of designating the month of October 2001 as Crime Prevention Month in the City of Lino Lakes. Council Member O'Donnell moved to adopt Resolution No. 01 154, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01-154 can be found in the City Clerk's office. PUBLIC SERVICES DEPARTMENT REPORT. RICK DEGAR There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT Consider Resolution No. 01-149, Final Plat Grochala — Community Development Di preliminary plat on July 9 with Resolute approval. d Meadows West 3'd Addition, Michael advised the City Council approved the The developer has submitted a final plat for The City requires a numbe ' gs ° . final plat approval. These include: • Final plat musty conform to the approved preliminary plat, which it does. • Development a e . nt must be completed, including financial securities. We have a development agement. • Title must be reviewed by City Attorney. This has been completed. • Conditions of approval must be met. The conditions of approval are addressed with the development agreement. This plat is the first to include both land and cash park dedication under the new policy. The two (2) park areas make up 0.72 acres. The cash dedication is $94,725. Council Member Dahl moved to adopt Resolution No. 01-149, as presented. Council Member Reinert seconded the motion. Mayor Bergeson indicated he heard from two (2) adjacent property owners in Twilight Acres that they have concerns regarding the size and construction of the holding pond. He directed staff to investigate that issue. COUNCIL MINUTES SEPTEMBER 24, 2001 Motion carried unanimously. Resolution No. 01— 149 can be found in the City Clerk's office. Consider Resolution No. 01-153A, Poser Variance, Tanda Gretz — Associate Planner Gretz advised the subject property is a 1.2 acre parcel zoned Rural. Mr. Poser has applied for a variance from the prohibition of accessory buildings in excess of 1,120 square feet on a lot of less than one and one-quarter acres, in order to construct a 1080 square foot detached garage on the northern part of his property. A second variance from the prohibition of building and second detached accessory building in excess of the allowed on attached garage and one detached accessory building would also be required, as there is a 160 square foot shed already existing, on the property. This shed is sited closer to Ware Road than the house, and so is currently in violation of City ordinance Section 3, subd. 4.D.1.c, which prohibits detached accessory structures from being placed closer to the front lot line than the principal building. Associate Planner Gretz presented the staff report noting the Plannin approve the variance, based on conditions. Staff is recommendin based on no justification. Resolution No. 01 — 153A outlines alternative resolution was added to the staff report due to session. Resolution No. 01- 153B approves the varian Council Member Carlson clarified that the acces asked if a building permit was issued. As for the accessory building. Council Member O'Donnell removed if the first varian Planner Gretz advised request. Resolution N removed. g Board voted to ariance request quest. She advised an d at the Council work on conditions. ing is not where it is supposed to be. She retz advised a building permit was issued lution No. 01 — 153B indicates the shed would be erefore, a second variance would not be required. Associate resolutions. Resolution No. 01 - 153A denies the variance approves the variance request on the condition that the shed be Council Member O'Donnell inquired about the condition from the Planning and Zoning Board regarding the relocation of the driveway. Associate Planner Gretz advised that condition will not be required due to the roadways and City Code. Council Member Carlson moved to adopt Resolution No. 01 — 153B, as presented. Council Member Dahl seconded the motion. Council Member O'Donnell indicated he is in favor of the motion because anytime a resident can get equipment stored inside it is a benefit to the City and homeowner. Council Member Carlson stated the motion follows the Planning and Zoning Board recommendation with a 4-1 vote. She is in favor of the motion for that reason and the fact that staff may determine the ordinance should be changed because of the number of variance requests coming in. It is important 6 COUNCIL MINUTES SEPTEMBER 24, 2001 for the Council to look at changing the ordinance. Resident's are in a bad position of requesting what technically, the City should not approve. The Council is aware of that problem. She added she is also in favor of the motion because the variance request is only 4% off from the current ordinance. Motion carried unanimously. Resolution No. 01 — 153B can be found in the City Clerk's office. Consider Resolution No. 01-159, School District #12 Conditional Use Permit and Site Plan Approval, NAC/Michael Grochala — Mr. Kirmis advised the Centennial School District is requesting site and building plan and conditional use permit amendment approval to allow the construction of an elementary school upon the 79 acre Centennial Middle School site located south of I -35W and west of Lake Drive between Elm Street and I -35W. Earlier this year, the City approved a rezoning of the 15 acres of land located north of the Middle School site from L-1, Limited Industrial to PSP, Public and a minor subdivon to allow the conveyance of the 15 acre parcel to the School District. Because the 15 -acre elementary school parcel is to be combine school site, the processing of a condition use permit amen school and the proposed elementary school would be g Mr. Kirmis presented the staff analysis of the ap recommended approval of the site and bu. d of an elementary school in a PSP, Publi Staff is also recommending the a Mr. John Christianson, Su City. The plan also h. a bik ent 64 -acre middle . Resultantly, the middle by a" "gle conditional use permit. oting the Planning and Zoning Board tional use permit to allow the construction ` zoning District as outlined in the staff report. uest as outlined in Resolution No. 01-159. ated the School District did submit a photometric plan to the k, fencing and a plan to relocate the trees. Council Member Carls trees has been followed d if the recommendation from the Environmental Board regarding the Mr. Christianson indicated that the recommendation from the Environmental Board regarding the trees has been followed. A Land Architect for the project came forward and stated the plan took into consideration the trees and saved as many of them as possible. He referred to a map and pointed out the areas where the trees will be relocated. Council Member Carlson inquired about the traffic and vehicular circulation concerns that have been raised. Community Development Director Grochala indicated that issue falls back on the methods and policies of the School District. He explained the process used for the traffic circulation noting the busses do not back up. Staff is comfortable with the plan. 7 COUNCIL MINUTES SEPTEMBER 24, 2001 Council Member Carlson inquired about the neighboring streets and the capabilities of them. City Engineer Powell advised the need to reconstruct Elm Street proceeded this project. The concerns raised related to the condition of the road and the traffic flow. The busses do arrive at separate times for the middle school and elementary school. Elm Street will be reconstructed. He stated the plan is adequate relating to traffic flow and circulation. Council Member Carlson inquired about the direction of flow from the busses coming in. Mr. Christianson referred to a map indicating the traffic flow from the busses noting they will come in primarily from the west or at the Elm Street crossing. Council Member O'Donnell moved to adopt Resolution No. 01— 159, as presented. Council Member Dahl seconded the motion. Mayor Bergeson stated that at one time before the planning for the middle school project, an extra road exit was planned to Lake Drive. City Engineer Powell advised there e no street plans that will affect the school. Previous plans that may have played a role have bee Motion carried unanimously. Resolution No. 01-159 can be found in the City Clerk Lino Lakes Marketplace Improvements, PUB Powell stated at the August 27, 2001, mee Street and Utility Improvements report. will be taken. He noted the only RING, John Powell - City Engineer uncil received the Lino Lakes Marketplace e report in detail and advised public comment be assessed are JADT and the Marketplace. City Engineer Powell also d ' roject costs and the schedule noting construction would begin in April 2002. - note r ' e Co my may share in the costs of the signal if their counts warrant funding. He also revie e r ance between the signal lights on the roadway and ramps. Council Member O'Donnell inquired about the potential cost savings and asked if they would come from the 2006 project. City Engineer Powell advised the potential cost savings will partly come from construction costs due to the flexibility, from the County. Council Member O'Donnell inquired about the timing of the possible realignment of 77th Street to Apollo. City Engineer Powell realignment of 77th Street would have to be considered as part of a future development. The City is not proposing to realign the roadway now but that should be considered for future development. Council Member Dahl asked how far the median will go past 77th Street up Lake Drive. City Engineer Powell advised the total painted median past 77th Street is 600 feet. The concrete median is 280 feet past the centerline of 77th Street. 8 COUNCIL MINUTES SEPTEMBER 24, 2001 Council Member Dahl inquired about the striped median. City Engineer Powell advised the painted median is not a raised concrete median but is striped yellow. Council Member Reinert asked if the right-of-way used for the extension has already been purchased. City Engineer Powell advised the right-of-way proposed will be on the new property. Council Member Reinert stated an agreement has been made to sell the property at $5.00 per square foot. He asked if Ryan Companies have agreed to pay that same price. City Engineer Powell advised the $5.00 per square foot figure was based on appraisal information received two (2) years ago. The ongoing negotiations include a figure of $4.00 — 4.25 per square foot, which is less than staff anticipated. Council Member Reinert asked if the City must maintain and cover the costs for the second access and light. City Engineer Powell advised it is the City's responsibility to maintain the second access. The City will not have to fund the development of the second access. Council Member Carlson clarified that the $2 million total estimated c psi" de that costs of the two (2) extra lanes. City Engineer Powell advised the total estima elude the two (2) extra lanes and those costs will be assessed to the property ow Council Member Carlson asked if the roadway will be bui t th ( ew lanes on each side. City Engineer Powell stated that is correct and he noted wha _ b inc ed in the immediate project and the 2006 project. Council Member Carlson stated the preli picking up the entire costs. She stated 5 Powell stated that issue refers to entire cost of the project. Council Member Carl project or the 2006 pr additional property ow is shows JADT and the Marketplace ay not pick up the entire costs. City Engineer City is assuming they will be assessed for the e is the possibility that anyone else will be assessed for this ngineer Powell indicated staff assumes there will not be any essed. Mayor Bergeson opened the public hearing at 8:10 p.m. noting the purpose is to review the road and infrastructure project and not the building project. Mr. Kevin Murphy, 583 Lois Lane, came forward and stated he has lived in Lino Lakes for 20 years. At the last meeting it seemed as no one really like this proposal. He asked if there is any alternative to the plan. He stated he is familiar with other Target store and it looks like the City is trying to squeeze a lot of traffic into a small area. The traffic and median are big concerns. He stated he has questions about the overall traffic patterns and the impact of the traffic due to the project and median. He stated he does not like the proposal the way it is and a better solution is needed. Mr. Kelly Gunderson, 135 Elder Drive, asked if this plan is set in stone. 9 COUNCIL MINUTES SEPTEMBER 24, 2001 City Engineer Powell the current proposal was not staff's original concept of the traffic in the area. The Marketplace project indicated a second access was absolutely necessary. The price the City pays for the second access is the median. The median will not change and there is very little flexibility. Ms. Gunderson asked if there is anyway to go back to Ryan and tell them the second access will not be put in due to many concerns. City Engineer Powell stated that issue was discussed at length at the July 11 meeting. Ryan indicated there would not be a project if there is not a second access. An approved resolution was sent to the County that supported the second access. Ms. Gunderson asked if it is correct to assume the plan will go through. She stated the major problem is the median and residents feel as though it is already done. She asked if the plan has been finalized. City Engineer Powell indicated he believes the City has moved past the second access point in the project. Ms. Gunderson begged the Council not to allow the median on 77th e Shs tated residents have huge concerns and many U-turns will be made and there will bs. She asked the Council to change the plan. She indicated she spoke to Jog ri lso $ + en though this complies with the County's guidelines, he indicated he would no + en s plan. The City would be looking at four (4) more lots that would be interru't e plan for 77th Street goes through. Mayor Bergeson stated it is not the intent a ��uE. to � ce the realignment of 77th Street. 411 • Mr. David Nelson, 7785 Carol D discussed. He asked if the Ci idea. ssibility of a driveway behind Target was ore thought to that noting he does not support that City Engineer Powell : d t e is no connection from the development to 77th Street proposed at this time. Mr. Nelson asked what will happen to Target's business when the ramps and bridge are tom up in 2006. He asked if the City will have to give them more financial help. City Engineer Powell advised the bridge and ramps will be tom up and closed for a period of time for the 2006 project. There is value to having the roadway widened because that will help with the traffic. The project will also be phased to help with traffic problems. He noted Target is aware of the 2006 project. Council Member Reinert advised the abatement is for a maximum of five (5) years and $519,000. If the value of the property is lower then the abatement amount is lowered. The City is protected is relation to this issue. 10 COUNCIL MINUTES SEPTEMBER 24, 2001 Ms. Deb Grant 7757 Carol Drive, came forward and indicated she is glad a driveway will not be developed behind the development to 77th Street. She stated she is concerned about the right in/right out only access. There is a contractor at the end of the street who uses heavy equipment and he will now have to drive it down Carol and Oak Lane. She stated she does not mind having to go down to 79th Street to turn but she does mind the type of vehicles that will be driving down her street. She continued stating the filling of the wetland is also a concern. The water table is currently very high and she is concerned it may go higher with the project. She also asked if wells will be infected when the wetlands are filled in. Flooding is also a big concern. She added that if a type of business like a dry cleaner goes in there will be even more problems due to the chemicals they use. She indicated she did speak with the Health Department and they referred to the Rice Creek Watershed District. The RCWD indicated all the wells are at least 100 feet deep so there should not be any problem. The wells in the area are not 100 feet deep. She asked if the City can guarantee residents won't have flooding or contaminated water. Ryan Companies, Target and the City should be held liable if there is flooding or contaminated water. She noted she is not against Target but the company should have come to the area in a different way and held several neighborhood meetings to discuss these concerns. She stated residents feel like nobody cares about their concerns. Mayor Bergeson advised there are two (2) different types of sewer to ere are regulations regarding what can be put into both types. City Engineer Powell explained the difference between only concern is the sanitary sewer discharges. Th wetland to the left and also a storm sewer pond. feet deep whether Target is built or not. Mayor Bergeson asked how resid Health Department can test w es of sewer systems noting the to the east and there will be a tamination is an issue if a well is only 38 ld not impact the wells in the area. wells tested. City Engineer Powell advised the also several testing firms in the Twin Cities. Mr. Paul Stonebury, orne ' = .resenting Schwanns, came forward and stated his client is opposed to the location of the s ac s. Schwanns has been in the area for 20 years and there are 10-20 trucks that come out o a . cation. Truck traffic and access to the location is a big concern. Schwanns would like access to the south also. He inquired about the status of Outlot C. City Engineer Powell advised Outlot C is being dedicated to the City as part of the plat. He referred to the map indicating the location of Outlot C. Mr. Stonebury stated the proposed second access is a concern because of the location of their propane tan, the turning radius and cut -through traffic on their property. He suggested Schwanns may need a gate system for safety and security concerns. Construction access and traffic is also a concern. He noted he his happy to hear there will be no assessments for his client. Mayor Bergeson advised Mr. Stonebury to stay in contact with City staff regarding Schwanns concerns. There may be a joint effort with the City to keep citizens from cutting through the Schwanns property. 11 COUNCIL MINUTES SEPTEMBER 24, 2001 Council Member Dahl moved to close the public hearing at 8:40 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 01-156, Order the Improvement, Preparation of Plans and Specifications (3/5 Vote Required), John Powell — City Engineer Powell advised that after the public hearing is held, the next step in the Public Improvement Process is to order the improvement and preparation of the plans and specifications. According to the schedule in the Feasibility Report, the plans and specifications would be submitted to the City Council for consideration at the November 26, 2001, meeting. City Engineer Powell added that staff received a letter from Ryan Companies requested Council approval of Resolution No. 01-156 and Resolution No. 01-160. Mayor Bergeson clarified that Resolution No. 01-156 is ordering the preparation of plan. The City already has a preliminary plan and this action relates to the detailed plan. Engineer Powell advised this action involves the specific construction details. Staff wi : to work with the developer on the specific details. Mayor Bergeson asked if staff will have the opportunity toa es m r' the concerns that were raised this evening within that process. City staff will will need to work with Schwanns specifically to w erns raised this evening and Council Member Reinert moved to adopt '' uz No 1-156, as presented. Council Member O'Donnell seconded the motion. Council Member O'Donnell 77th Street. The City need There have been man eeti this is the best solutio has s ggled all along hoping a solution would be found for from 77th Street while also having the second access. d hours of discussion regarding this issue and it seems as though ted staff to bring any other solutions to Council if they are found. Council Member Reine stated he does not like what is happening to 77th Street. Without the abatement and the second access the project could not move forward. A lot of residents thought the access should have been at77th Street. He indicated he agrees but the resident's on 77th Street were not in favor of that. Having only one access was not an option. There was no easy solution and it is possible there is no such thing as a perfect plan anywhere. The Council had to make a decision and he feels the right choice was made. He added he hopes that in time everyone sees that. Council Member Carlson stated there is written documentation that Ryan Companies had indicated they were not going to request an abatement. The plan now involves a second access because they would not continue with the project even though the County Engineer gave them a right in/right out option. She added that in spite of those issues, she believes the City should move forward. Council Member Dahl stated that at the last meeting she wanted to add the condition that the problems on 77th Street be resolved. Ryan is the only one that can do that. The condition was not 12 COUNCIL MINUTES SEPTEMBER 24, 2001 added but Ryan can still meet with the neighbors to find a solution. She indicated she agrees the City should move forward. Mayor Bergeson stated he believes the City needs to take a long-term view. The median is not the best solution but the City should look at what potentially could happen, such as the realignment of 77th Street in the future. Access to parcels from the backside is another long-term possibility. This is not the most ideal solution but there are options for the future and the City needs to continue to look at them. Motion carried unanimously. Resolution No. 01-156 can be found in the City Clerk's office. Resolution No. 01-160, Declare intent to Bond (3/5 Vote Required), John Powell — City Engineer Powell advised the City is required to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non-binding declaration that must take place in order to finance projects in this manner. The Lino Lakes Marketplace Ste and Utility Improvement project may be financed through bond proceeds. Council Member Carlson asked if the bond amount is not incl Engineer Powell stated the amount is not included because t included in the final amount. Mayor Bergeson asked if it is typical that a proje Rolek stated that in all likelihood the pro' cost and the costs will be recovered. non-binding. City mg and all costs will be pe will require bonding. Finance Director onding. The City is required to declare the Council Member O'Donnell ' ¢ - . dopt ° esolution No. 01-160, as presented. Council Member Reinert seconded the moti 'ed unanimously. Resolution No. 01-1 and in the City Clerk's office. Consider Resolution . 01-157, Joint Powers Agreement with City of Hugo for Water Service (3/5 Vote Required), John Powell — City Engineer Powell advised this agreement allows Lino Lakes to provide water service to the City of Hugo. The agreement includes the following: 1. The water service is for residential land uses only. 2. The agreement expires four (4) years from its execution. 3. Water use is billed at the City's rates plus 10%, in accordance with City policy. Lino Lakes will provide one bill to the City of Hugo; Hugo will bill the individual users. 4. The developer will pay for the extension of the water main to the Hugo border. Lino Lakes will pay for 50% of the meter cost. 13 COUNCIL MINUTES SEPTEMBER 24, 2001 5. The water users in Hugo that are connected to Lino Lakes water are required to adhere to any and all water system related ordinances and policies in place of Lino Lakes. 6. The developer will be required to provide financial security for improvements within Lino Lakes consistent with current City policy. The water main extension and meter along Cedar Street will be installed this year. The Victor Gardens project has not yet received final plat approval from the City of Hugo. Staff believes the water service agreement needs to be in place before Hugo will consider the final plat. Council Member Carlson asked if the agreement will automatically expire in four (4) years. City Engineer Powell stated the agreement will automatically expire unless it is specifically extended. The City of Hugo is aware of that stipulation. Mayor Bergeson asked if the City of Hugo is addressing their long-term water needs. He stated he does not want the City to provide service for a period of time and realize at a end of the agreement Hugo has not done what they needs to do for their own water service. City Engineer Powell stated he believes Hugo is making defin' . o es. �$ .,?ding their water needs. Council Member Reinert stated he is comfortable with ecause the rising costs would eventually make Hugo address their needs. He in• '- he eves the City is protected. City Attorney Hawkins asked if the detail • ® ho othe agreement could be extended and for what term was discussed. City Engineer Powell indicate • fi . ' • not $l scuss the specifics. Staff feels the agreement would terminate and then go into • io` extend the agreement. City Attorney Hawkin R ate "`e would like to review the language in the agreement. City Engineer Powell stated the agreement will have residents of Hugo contributing to the replacement of the water systems plus ten percent. Council Member Reinert moved to adopt Resolution No. 01 —157, giving the City Attorney the latitude to review and change the language regarding the termination of the agreement. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 01— 157 can be found in the City Clerk's office. Consider Resolution No. 01-158, Award of Contract for Twilight Acres Sanitary Sewer Extension (3/5 Vote Required), John Powell — City Engineer Powell advised at the September 10, 2001, meeting the City Council received the bids for the referenced project. The low bid was received from Volk Sewer and Water, Inc. in the amount of $257,373,50. The project was bid with a 14 COUNCIL MINUTES SEPTEMBER 24, 2001 construction completion date of November 6, 2001 and an alternate bid with a completion date of May 15, 2002. All four (4) bidders had the same bid amount for both completion dates. The estimated construction cost, including the 10% contingency, presented at the May 14, 2001 public hearing was $223,747. The low bid, based on estimated quantities is $257,373.50. The estimated construction cost increase of $33,626 would result in an increase of the proposed assessments of about $1,050 per property. Staff has identified modifications to the plans that could reduce this increase, based on the contractor's unit prices. Staff is recommending, after the contract is awarded, staff discuss these changes with the contractor, and negotiate a change order to reduce the contract amount. Staff will not prepare the contract until Anoka County representatives are satisfied the contractor has met the CDBG requirements. Council Member Carlson asked if the additional $1,050 will be assessed to property owners. City Engineer Powell stated property owners will be assessed the additional $1 1 0 in the worst case scenario. This project is beyond the Charter petition process but Cha• 4 •es apply. Based on the resident response, the additional assessment is still in line of w' th o `fir• pay. Mayor Bergeson asked if the assessments for the property• Engineer Powell stated the assessments are split evenly the amount are for trunk charges. uth will be higher. City ents. The only differences in Council Member Dahl moved to adopt Re —158, as presented. Council Member Reinert seconded the motion. Mayor Bergeson asked if resi Engineer Powell indicated the negotiations are c •clude otified about the possible increased assessments. City not been formally notified. Staff is recommending that after siden s are informed about the status of the costs. Motion carried unanim Resolution No. 01-158 can be found in the City Clerk's office. UNFINISHED BUSINESS August 27, 2001, City Council Minutes — Council Member O'Donnell moved to approve the August 27, 2001, City Council Minutes, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. September 5, Council Work Session Minutes — Council Member O'Donnell moved to approve the September 5, 2001, Council Work Session Minutes, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 15 COUNCIL MINUTES SEPTEMBER 24, 2001 September 10, 2001, City Council Minutes — Council Member Carlson referred to page 10, paragraph 4, sentence 9, and corrected it to read "She stated that perhaps a big contribution will come from Target for the YMCA in the future". Council Member Dahl referred to page 14, paragraph 1, sentence 4, and corrected it to read "Target gave $100,000 to the City of Blaine for the parks with an indication there would be more in the future". Council Member O'Donnell moved to approve the September 10, 2001, City Council Minutes, as amended. Council Member Dahl seconded the motion. Motion carried unanimously. NEW BUSINESS - None COMMUNITY CALENDAR SEPTEMBER 25, 2001 THROUGH OCTOBER 8, 2001: Environmental Board Meeting, Wednesday, September 26, 2001, 6:30 Park Board Meeting, Monday, October 1, 2001, 6:30 p.m. EDAC, Thursday, October 4, 2001, 7:00 a.m. Recycle Day at the Public Works Building, 118' to°' + S Saturday, October 6, 2001, 9:00 a.m. to 3:00 p.m. City Council Meeting, Monday, Oct!• 1 '�' 0 p.m. ADJOURN There being no furthe • usineCouncil Member Dahl moved to adjourn at 9:15 p.m. Council Member O'Donnell se motion. Motion carried unanimously. These minutes were co dered and approved at the regular Council Meeting, October 8, 2001. Ann Blair, icy Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 16 J Be eson, ayor