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HomeMy WebLinkAbout04/08/2002 Council MinutesDATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : April 8, 2002 . 6:35 P.M. . 7:40 P.M. : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None Staff members present: City Clerk, Ann Blair; City Administrator, Linda Waite Smith; Community Development Director, Michael Grochala; City Attorney, Bill Hawkins; and City Engineer, Jim Studenski. SETTING THE AGENDA Councilmember Dahl requested the deletion of consideratio �f January 14, 2002 from New Business. The agenda was approved as amended. CONSENT AGENDA Councilmember Carlson moved to approva ent Agenda. Councilmember Dahl seconded the motion. Motion carried unanimously. ITEMS T ACTION A. CONSIDERATION I EXPENDITURES: i) April 8, 2002 (Check No. 64678 — 64776, $179,003.91) Approved ii) Centennial Fire District (Check No. 13153 — Approved 13170, $13,033.04) Approval of Premises Permit for gambling, 49 Club/Dead Broke Saddle Club, Resolution No. 02-33 Approved COUNCIL MINUTES APRIL 8, 2002 OPEN MIKE Fire Chief Milo Bennett stated he was present this evening with Randy Ralstadt, representative of the Sno-Barons Snowmobile Association, who wished to make a donation to the Centennial Fire District. Mr. Ralstadt stated for 36 years the Sno-Barons have put on the largest grass drag snowmobile event in the world. He indicated his organization has begun to use more of its profits each year to put back into the community and the snowmobiling population in general. He provided Fire Chief Bennett with a $1,000 donation for the Fire Department's water rescue equipment trailer. Fire Chief Bennett indicated the Fire Department's current trailer is inadequate and the generous donation from the Sno-Barons Snowmobile Association will allow the purchase of a new trailer. He indicated, in addition to water rescue equipment, the trailer will house a department snowmobile used for off-road accidents. On behalf of the Centennial Fire District, Fire Chief Bennett exp s appreciation to the Sno- Barons Snowmobile Association for their $1,000 donation. On behalf of the City Council, Mayor Bergeson expressetion for this donation. City Attorney Hawkins recommended that formal n be en to accept this donation. Councilmember Dahl moved to accept the don Association for the Centennial Fire District e motion. ,000 from the Sno-Barons Snowmobile • ment trailer. Councilmember Reinert seconded the Motion carried unanimously. No one else was present for open mi FINANCE DEPARTMEN T, ` INDA WAITE SMITH Consideration of Resolution N 02-24, Setting Public Hearing for the Five -Year Financial Plan — Linda Waite Smith, City Administrator Waite Smith advised the Lino Lakes City Charter requires the preparation of a five-year financial plan for the City. It further requires that a public hearing be held on the plan. Staff has prepared a draft of the 2002-2006 Five -Year Financial Plan for City Council consideration. Adoption of Resolution 02-24 would set the public hearing required by the Charter for the regular City Council meeting on May 13, 2002, at 6:30 p.m. City Administrator Waite Smith advised staff recommends adoption of Resolution No. 02-24, Setting the public hearing on the Five -Year Financial Plan. Councilmember Dahl moved to adopt Resolution No. 02-24, Setting the public hearing on the Five - Year Financial Plan. Councilmember Reinert seconded the motion. COUNCIL MINUTES APRIL 8, 2002 Motion carried unanimously. Resolution No. 02-24 can be found in the City Clerk's office. ADMINISTRATION DEPARTMENT REPORT, LINDA WAITE SMITH Consideration of Resolution No. 02-31, Conditional job offer for Youth Resource Officer at elementary schools - Linda Waite Smith, City Administrator Waite Smith advised on March 20, 2002, the City was notified that it will be receiving a COPS in Schools Federal grant award for one new, full-time officer at an estimated cost of $125,000.00. This is a three-year grant and applies to salaries and benefits for an officer hired after March 1, 2002. City Administrator Waite Smith indicated, as the City promotes from the ranks of its Community Service Officers (CSO), a tentative offer of employment will b ;: . de to Jessica Halloran, the City's senior CSO. The appointment will be contingent upon successfu,�� letion of a physical and psychological evalutations. City Administrator Waite Smith indicated Resolution No. 0 1 p m. vides for the Youth Resource Officer position. If approved, the Officer will be placed f th tennial School District's Rice Lake Elementary School. City Administrator Waite Smith advised staff recce s adoption of Resolution No. 02-31, Authorizing the hiring of Jessica Halloran as . uth Resource Officer. Councilmember Reinert moved to adopt ' a q to o. 02-31, Authorizing the hiring of Jessica Halloran as full-time Youth Resource 0 ouncilmember Dahl seconded the motion. Councilmember Carlson commendice Pecchia for obtaining this COPS in the Schools grant for a needed and well -deserve . : for the youth in Lino Lakes. Motion carried unanimously. Resolution No. 02-31 can be fo d in the City Clerk's office. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COUNCIL MINUTES APRIL 8, 2002 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA SECOND READING, Ordinance 02-02, Considering the public right-of-way vacation of part of Fox Trail, Michael Grochala — Community Development Director Grochala advised Fox Trail is shown on City maps as a 60 -foot wide stub street, approximately 171 feet in length, existing within the Shenandoah 2nd Addition, located just southeast of the intersection of Arrowhead Drive and Tomahawk Trail. Fox Trail was never actually constructed as a street, but was initially designed to provide future access to the area south of the subdivision, which was undeveloped when the Shenandoah 2nd Addition was developed. Community Development Director Grochala indicated the Pineridge Addition has since developed to the south of the Shenandoah 2nd Addition, but no street was ever constructed to connect Fox Trail. Rather, a trail in Pineridge was constructed to the south of Fox Trail. Fox Trail has subsequently become a trail corridor connecting to the Pineridge Trail, and h xisted as such for several years. The trail connects Arrowhead Drive in the Shenandoah 2nd Subd to Hawthorne Road in the Pineridge Subdivision. In June of 2000, Rick DeGardner direct En Bering staff to survey the area in anticipation of vacating part of Fox Trail, since it was not'' s street right-of-way. Community Development Director Grochala indicated, street, it is not needed for street purposes. Right -of -w to Pineridge. As a result, it is the recommendation Fox Trail be vacated, leaving the center 20 feet to Pineridge Subdivision. Community Development Director Groch Reading of Ordinance No. 02-02, Vacat of -way. Councilmember O'Donnell moved Vacating the west 20 feet seconded the motion. ox Trail technically remains a stub ly needed to maintain the existing trail t the west 20 feet and the east 20 feet of a trail to connect to the 15 -foot trail in the staff recommends approval of the SECOND est 20 feet and the east 20 feet of the Fox Trail right- ve t e SECOND Reading of Ordinance No. 02-02, of the Fox Trail right-of-way. Councilmember Reinert Mayor Bergeson voted yea. Co cilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Motion carried unanimously. Ordinance No. 02-02 can be found in the City Clerk's office. Consideration of Resolution 02-25, Final Payment for 21st Avenue Lift Station, Jim Studenski - City Engineer Studenski advised the contractor for the 21st Avenue Lift Station project is requesting City approval of Payment No. 6 (Final) in the amount of $10,235.29. The project included the construction of the lift station and the installation of a force main to the Metropolitan Council interceptor on Cedar Street. The final payment is determined as follows: 4 COUNCIL MINUTES APRIL 8, 2002 Original Contract Amount Change Order No. 1 Change Order No. 2 (Quantity Adjustment Contractor Amount to Date Payments to Date Final Payment Amount $452,445.00 $5,004.00 $-2,547.21 $454,901.79 $444,666.50 $10,235.29 City Engineer Studenski indicated the contract amount was based on estimated quantities, as is the case with most City contracts. Change Order No. 2 adjusts the contract amount to reflect the actual quantities installed. City Engineer Studenski indicated the contractor has submitted y x required documentation for final payment on this project. City Engineer Studenski advised staff recommends adoptio ion No. 02-25, Approving Payment No. 6 (Final) and Change Order No. 2 for the 21st 'enu Lift Station project. Councilmember Carlson moved to adopt Resolution Change Order No. 2 for the 21St Avenue Lift Statio motion. Motion carried unanimously. Resolution No. 02-25 can be found in t . erk's office. Consideration of Resolution 02-2 Program, Jim Studenski — City sealcoating. Sealcoating pl Candidate streets include ne 5, Approving Payment No. 6 (Final) and ouncilmember Dahl seconded the Plans and Specifications for the 2002 Sealcoat tudenski advised each year the City maintains its street by f oil and rock on the street to enhance the surface. at received the wear course two to three years ago and all other streets are done on a five ® seven year cycle. This year, approximately 6.5 miles of streets will be sealcoated at an approximate st of $114,000. The 2002 budget includes $58,800 for sealcoating The difference between the annual City budget amount and the total bid amount would be funded from the City's Sealcoat Funds as this reflects the cost of the first time sealing of two new roadways. City Engineer Studenski indicated, once ordered, the plans and specifications could be completed in approximately two weeks, in time for consideration at the April 22, 2002 City Council meeting. The engineering budget for preparation of the plans and specifications is $5,500. City Engineer Studenski advised staff recommends adoption of Resolution 02-26, Ordering the plans and specifications for the 2002 Sealcoat Project. Councilmember O'Donnell moved to adopt Resolution No. 02-26, Ordering the plans and specifications for the 2002 Sealcoat Project. Councilmember Carlson seconded the motion. COUNCIL MINUTES APRIL 8, 2002 Motion carried unanimously. Resolution No. 02-26 can be found in the City Clerk's office. Consideration of Resolution 02-27, Authorizing Plans and Specifications for the 2002 Overlay Program, Jim Studenski — City Engineer Studenski advised the City undertakes a paving project each year to place the final layer of bituminous, known as the wear course, in those developments where the majority of the lots have been built upon. The funding for this work is provided by assessments to the respective subdivisions. The subdivisions receiving wear course this year include Clearwater Creek 3rd Addition, Trappers Crossing 31-d Addition, Peregrine Pass, and Pheasant Hills Preserve 11th Addition. City Engineer Studenski indicated the schedule for this project a s follows: City Council orders Plans and Specifications City Council approves Plans and Specifications R • ' l 02 City Council authorizes ad for bids . ril , 2002 Open bids , 2002 City Council awards contract ay 28, 2002 Construction Begins a 10, 2002 City Engineer Studenski indicated the enginee STht for preparation of the plans and specifications is $4,900. City Engineer Studenski advised staff re plans and specifications for the 2002 Councilmember Dahl moved to adop the 2002 Wear course Proje Motion carried unanimously. ds adoption of Resolution No. 02-27, Ordering the e Project. ution No. 02-27, Ordering the plans and specifications for ber O'Donnell seconded the motion. Resolution No. 02-27 can be found in the City Clerk's office. Consideration of Resolution 02-32, Approving Solid Waste Contract with Anoka County, Michael Grochala — Community Development Director Grochala advised the City of Lino Lakes receives SCORE funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated by Anoka County are required to enter into a cooperative agreement with the County. Resolution No. 02-32 approves and authorizes this agreement. Community Development Director Grochala advised staff recommends adoption of Resolution No. 02-32, Approve Anoka County Contract #2001-0378, Agreement for Residential Recycling Program. 6 COUNCIL MINUTES APRIL 8, 2002 Councilmember Carlson questioned whether the contract number of 2001-0378 related to the year in which the contract would be held. City Administrator Waite Smith indicated page one of the contract stated the contract was being entered into on the 11th day of December, 2001. Therefore, she believed the contract number was correct and did relate to the year of the contract. Councilmember Carlson moved to adopt Resolution No. 02-32, Approve Anoka County Contract #2001-0378, Agreement for Residential Recycling Program. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02-32 can be found in the City Clerk's office. Consideration of Resolution No. 02-28, Authorizing Plans . ' Specifications for the West Shadow Ponds Street Improvements, Jim Studenski — City E _ r Studenski advised the preliminary plat for West Shadow Ponds was approved in 2001. he eloper, Richard S. Carlson & Associates, has submitted a petition to have certain impro e stalled by the City. All costs for these improvements will be assessed back to West Shad h Po s per the development agreement. The improvements to be installed under City contract include = ater main, sanitary sewer, storm sewer, and the road pavement including aggregate bad; a developer's contract will complete all site grading, including construction of the roadway o t e op of the sub grade. The project limits are from 62nd Street to the south end of existing . dow Lake Drive. City Engineer Studenski indicated the develo conditions of the preliminary plat approv bituminous, before he can begin site gra according to the approved plan, prior City Engineer Studenski added, ass developer's engineer, if ord consideration at the May 13, the plans and specifications is ', ,800. mains responsible for adhering to all of the on 62nd Street must be installed, including 1 of the site grading must be completed and verified proceeding with City -contracted work. e City has all the necessary base information from the d specifications could be completed in time for C uncil meeting. The engineering budget for preparation of City Engineer Studenski noted he had provided the Councilmembers with copies of the development agreement for West Shadow Ponds, which explained the process of the City installing these improvements. The letter of credit has been verified and all other necessary documentation is up to date. City Engineer Studenski advised staff recommends adoption of Resolution No. 02-28, Ordering the plans and specifications for the West Shadow Ponds Street Improvements. Councilmember Carlson requested an approximate cost of the proposed City improvements. City Engineer Studenski provided the estimated costs as follows, which include trunk and unit charges: COUNCIL MINUTES APRIL 8, 2002 Road pavement including aggregate base Storm sewer Sanitary sewer Water main $100,000 $51,000 $43,000 $45,000 Councilmember Carlson pointed out the City does not install these improvements for all residential developments. City Engineer Studenski agreed and indicated developers can request through petition that the City install the utilities for a project. He pointed out that there have been other projects in the past for which the City only installed the wear course on the roadway. He acknowledged the City has not performed this type of work for a development for a few years but noted the City does have a program in place to address these types of requests, which includes the rirement of an escrow, letter of credit, etc. Councilmember Dahl noted this request had been discussed ® ouncil work session and staff had indicated the City may not wish to perform these types ®_ •rojcts in the future. Community Development Director Grochala indicate will continue offering this option for residential de is appropriate for the City to perform the utility w majority of contractors have chosen to do all tl better for the City to do less of these types of Councilmember Dahl questioned what to complete the project and whether to recoup its investment. City Attorney Hawkins note to the amount of assessment, He noted the agreement includ cost of the project available and, be levied against the property. If the assessment was not paid, then the City could either buy the property itself or put the property up for sale through public auction to recoup its investment. ty may wish to consider whether they men s. He noted there may be times when it rojects, but over the past few years the mselves. He acknowledged that it may be pen if a developer, for whatever reason, was unable could be able to assess the cost of the installed utilities nt agreement includes a clause that the developer agrees amount, and waives the right to appeal those assessments. a letter of credit requiring the developer to have 35 percent of the the developer defaulted on the agreement, the assessment would City Engineer Studenski added the developer is required to provide an escrow so cash is available to cover the preparation work, including plans and specifications, staking, etc. Councilmember Carlson noted the development agreement indicated the entire cost of the improvement incurred by the City shall be assessed against the property in accordance with City policy. She asked if it would be possible that the City would not be able to collect the full amount of the assessment and noted there is a State Statute that does not allow an assessment for an amount higher than the improvement would increase the value of the property. 8 COUNCIL" MINUTES APRIL 8, 2002 City Attorney Hawkins advised if the final cost of the project is equal to or less than the City Engineer's estimate, then the developer cannot appeal the assessment. Mayor Bergeson expressed concern regarding the issue of ownership of the property and whether the developer or the future homeowners would be responsible for payment of the assessment. City Attorney Hawkins indicated the assessment must be paid in full prior to a building permit being issued on the project. Councilmember Reinert moved to adopt Resolution No. 02-28, Ordering the plans and specifications for the West Shadow Ponds Street Improvements. Councilmember O'Donnell seconded the motion. Councilmember Carlson stated she respects the opinions of the other Councilmembers and staff, however, she would not be voting in favor of this project. She f; ;d the project was not included in the City's annual budget, nor the draft five-year plan. Additional _ ', e Comprehensive Plan has numerous references to requiring infrastructure improvements tby developers. She acknowledged that the City would receive back the money i. e is project, however, she noted the City does not install the infrastructure for all resid ial ojects and she was concerned about fairness to the other developers. She added that th i _ < not allowing some other projects to go through due to road issues. Councilmember Dahl asked what the normal rep Hawkins stated this depends upon the project years. chedule is for an assessment. City Attorney ssessments schedules can run for up to 30 Councilmember Dahl asked Councilme lson to elaborate on her concerns regarding this project. Councilmember Carlson stated she h ewed the City's Charter, which requires the Council to approve projects according ° `as d: • this project was not included in the budget for this year. Additionally, the project was • nc ded n the five-year plan and the Comprehensive Plan specifies that the City should not fund in astructure improvements for private developments. She added the City does not do this type of wor for all developments and has not agreed to this type of project for a number of years. City Administrator Waite Smith stated this project would not affect the City's operating budget, only the debt service levy. She questioned what would happen if the City, after approving the development agreement, failed to follow through with the installation of infrastructure as called for in the agreement. It was the opinion of City Attorney Hawkins that because the City is contractually obligated to perform this work, there would be no option for the City to not follow through. He stated if the City failed to order the proposed improvements, this would result in a breach of contract. COUNCIL MINUTES APRIL 8, 2002 Regarding the concern of fairness to other developers, City Engineer Studenski noted this type of request is driven by the developer and the City is simply responding to that request. Councilmember Dahl asked if the City could have denied the petition to install the improvements. City Engineer Studenski stated this would be an option, however, it is not outside normal practice for the City to agree to this type of request. City Attorney Hawkins suggested if the Council is concerned about this policy they review the City's local improvement policy and consider the elimination of this financing option. Councilmember Dahl requested confirmation that the reason the City agreed to this project was because the option is available per City policy. Community Development Director Grochala responded affirmatively. He noted it has been standard practice for the City to agree to these types of requests and noted other recent "429" projects (pursuant to Mi tatute Section 429) within the City. Mayor Bergeson stated in some cases it is appropriate for th projects. He felt the primary concern in this case was the si required in the letter of credit. e the lead on development project and the amount of money Councilmember Dahl expressed appreciation to ata .r sup lying the Council with copies of the development agreement on such short notice. Motion carried 4-1, Councilmember Carlson osed. Resolution No. 02-28 can be found in t erk's office. Consideration of Resolution No. t -29, ut ruing execution of Site Improvement Performance Agreement with T , Michael Grochala — Community Development Director Grochala advised the City a° ' x... 'r... e site and building plans for the TCF Bank, with conditions per Resolution No. 1 1 March 11, 2002. A revised set of plans incorporating the required modifications prepare.y Shea Architects, dated March 26, 2002, was received by the City on March 27, 2002. Community Development Director Grochala indicated, in accordance with the site and building plan approvals, staff has prepared a Site Improvement Performance Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing 35 percent of the site improvement costs to ensure completion of the project in accordance with the approved plans. 2. Waiver of procedure and appeal of special assessments for the Lake/Apollo Drive Improvements up to an amount of $51,411.89. 10 COUNCIL MINUTES APRIL 8, 2002 3. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. Community Development Director Grochala indicated TCF Bank has reviewed the agreement and is aware of the conditions set forth. Community Development Director Grochala advised staff recommends adoption of Resolution No. 02-29, Authorizing execution of Site Improvement Performance Agreement with TCF Bank. Councilmember Dahl moved to adopt Resolution No. 02-29, Authorizing execution of Site Improvement Performance Agreement with TCF Bank. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-29 can be found in the City Clerk's office. Consideration of Resolution No. 02-30, Authorizing exe on f Site Improvement Performance Agreement with McDonald's Corporati . o, el Grochala — Community Development Director Grochala advised the City Co . `�.roved the site and building plans for the McDonalds, with conditions per Resolution No. 01- on ' tober 22, 2001. A revised set of plans incorporating the required modifications prepare •by ' T. Engineering dated February 4, 2002, was received by the City on March 12, 2002. Community Development Director Groch approvals, staff has prepared a Site Imp for the following: ed, in accordance with the site and building plan Performance Agreement. The agreement provides 1. Submittal by the developer o m°er o Credit representing 35 percent of the site improvement costs t on of the project in accordance with the approved plans. 2. Waiver of procedure an appeal of special assessments for the Lake/Apollo Drive Improvements up to an . ount of $139,406. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. Community Development Director Grochala advised staff recommends adoption of Resolution No. 02-30, Authorizing execution of Site Improvement Performance Agreement with McDonald's Corporation. Councilmember Dahl asked, if this Resolution is approved this evening, when will the project begin. Community Development Director Grochala indicated the developer intends to break ground on Monday, April 15, 2002. COUNCIL MINUTES APRIL 8, 2002 Councilmember Dahl moved to adopt Resolution No. 02-30, Authorizing execution of Site Improvement Performance Agreement with McDonald's Corporation. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 02-30 can be found in the City Clerk's office. UNFINISHED BUSINESS There was no unfinished business to consider. NEW BUSINESS CONSIDER APPROVAL OF MEETING MINUTES March 20, 2002 Work Session Meeting Minutes March 25, 2002 Council Meeting Minutes Councilmember Carlson requested the following ch Minutes: On page four, third paragraph from the changed to "at the." the March 25, 2002 Council Meeting rst sentence, the words "during a" should be • On page 10, third paragraph fro 4 e bo om, the last sentence should be amended to read, "...feeding at Trout Air is no 4 wa to feed and noted there are fish in Peltier Lake..." • On page 11, second i o e top, the first sentence should be amended to read, "Councilmember Carl, stat d that she would vote for the ordinance with the sunset clause,..." The last sen ce should be amended to read, "However, she could not in good conscience vote for an . a led line, the line needs to go straight across for the safety of our citizens, grandchildren, children, as well as adults." Councilmember Reinert moved to approve the March 20, 2002 Work Session Minutes, as submitted and the March 25, 2002, Council Meeting Minutes, as amended. Councilmember O'Donnell seconded the motion. Motion carried, 4-0-1, Councilmember Dahl abstaining. Motion carried unanimously. 12 COUNCIL MINUTES APRIL 8, 2002 • COMMUNITY CALENDAR APRIL 9 THROUGH APRIL 22, 2002: Wednesday, April 10, 2002, 6:30 p.m., Planning & Zoning Board Meeting Thursday, April 11, 2002, Joint Meeting between Charter Commission and City Council Wednesday, April 17, 2002, 5:30 p.m., City Council Work Session Saturday, April 20, 2002, 9:00 a.m. until 11:00 a.m., Earth Day Celebration at Wargo Nature Center Monday, April 22, 2002, 6:30 p.m., City Council Meeting ADJOURN There being no further business, Councilmember Reinert moved . adjaern at 7:40 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at th - � larCouncil Meeting, April 22, 2002. ,7/4, Transcribed by: Lori Rolfson TimeSaver Off Site Secretar erge on, Mayor