HomeMy WebLinkAbout06/24/2002 Council MinutesDATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
: June 24, 2002
. 6:33 P.M.
. 8:28 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; Public Services Director, Rick DeGardner; Finance
Director, Al Rolek; City Engineer, Jim Studenski; and City Atte ey, Bill Hawkins.
SETTING THE AGENDA
Mayor Bergeson noted the amended agenda received this a '` ng hich added item 3A,
Consideration of Resolutions No. 02-60 and No. 02-61.
The agenda was approved as amended.
CONSENT AGENDA
Councilmember Dahl moved to approve
motion.
Motion carried unanimously.
ITEM
Agenda. Councilmember Carlson seconded the
ACTION
Approved
A. CONSIDERATION 0 ° s EXPENDITURES:
June 24, 2002 (Check No. 65290 —
65417, $724,888.03)
Centennial Fire District (Check No. 13257 —
13277, $3,323.14)
Approved
B. Consider Resolution No. 02-53, Approving Application for Premises Permit from Lino
Lakes Lions Club for Lawful Gambling Activity at the American Legion Post 566
C. Consider Resolution No. 02-59, Approving Application for Cabaret License, 3.2 Beer
On -Sale License and Exemption for Lawful Gambling License for Saint Joseph's
Annual August Festival
COUNCIL MINUTES JUNE 24, 2002
D. Consider Resolution No. 02-68, Approving Off -Sale 3.2 Beer License for SuperTarget,
Lino Lakes Village
OPEN MIKE
Don Anderson, 7313 Deer Pass Road, Centerville, stated he was visiting with all the City Councils of
District No. 6 to announce his candidacy for election to the Anoka County Board of Commissioners.
He spoke of his credentials and past experience and indicated he has lived in eastern Anoka County
for 18 years. He stated when serving on the Centennial Fire Commission he had been involved in
labor negotiations and, when serving on the Law Enforcement Council he had been involved in the
upgrade of the public safety communications system, which he feels is lacking in the eastern
communities of Anoka County. He stated he has worked for 19 years in White Bear Lake as a
mechanic and welder. He stated he is a missionary with his ch and has worked with the Scouts.
He intends to continue in public service.
Dick Swanson, Blaine City Councilmember, introduced hi
Anoka County Board of Commissioners. He stated he is a
of his goals is to improve communications. He stated he4
Church. He stated, if elected, he intends to resign his
Minnesota Department of Transportation in order t
Commissioners, which he felt must be a full-time.
No one else was present for open mike.
FINANCE DEPARTMENT REPOR ' I LEK
Council as a candidate for the
of the Cable Commission and one
er of the Circle Pines Lutheran
as the Director of Finance for the
is time to serving on the Board of
Consideration of Resolution No. � 60,wa ng the Sale of $645,000 G.O. Improvement
Bonds, Series 2002A, and Consi . e ' of Resolution No. 02-61, Awarding Sale of $2,110,000
Taxable G.O. Improveme = a 5 9 002B — Al Rolek, City Finance Director Rolek advised
on May 13, 2002, the City Cod Resolution No. 02-41 providing for the issuance and
sale of $2,730,000 G.O. impro ` R ment Bonds, Series 2002A. The proceeds of this bond issue are
needed to finance public improv ent projects for Lake Drive/Apollo Drive, Twilight Acres Sanitary
Sewer and West Shadow Ponds Street and Utilities. Since that time it has been determined by bond
counsel that the Lake Drive/Apollo Drive improvements do not qualify for tax-exempt financing due
to the terms of the City Charter. Therefore, the original proposal has been broken into two issues, a
$645,000 tax-exempt issue and a $2,110,000 taxable issue.
City Finance Director Rolek indicated the sale has been set for June 24, 2002, with consideration for
award by the City Council this evening. Bids have been received and tabulated by the City's financial
advisor, Springsted, Inc., and they will report the results of the bidding and provide a
recommendations for award of the bids to the City Council this evening.
City Finance Director Rolek noted Moody has upgraded the City's bond rating from an A3 to an A2.
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COUNCIL MINUTES JUNE 24, 2002
City Finance Director Rolek advised City staff recommends the City Council approve, in separate
actions, Resolutions No. 02-60 and No. 02-61, Awarding the Sale of $645,000 G.O. Improvement
Bonds, Series 2002A, and $2,110,000 Taxable G.O. Improvement Bonds, Series 2002B, respectively.
City Finance Director Rolek invited Jerry Shannon, Vice President of Springsted, Inc., to present his
recommendation on this matter.
Mr. Shannon indicated bids were received and tabulated today on for the sale of the G.O.
Improvement Bonds, Series 2002A. He presented the bid tabulation for the $645,000 2002A series
bonds as follows:
Bidder Price Net Interest Cost True Interest Rate
Cronin & Company Incorporated $643,541.95 $1 ! • 26.80 3.5298%
United Bankers' Bank $639,195.00 $10 94. 3.5481%
Bernardi Securities, Incorporated $637,002.00 .'3 5, 3.42 4.1293
Mr. Shannon recommended the award of the $645,00 . . provement Bonds, Series 2002A to
Cronin & Company, Incorporated.
Mr. Shannon presented the bid tabulation for 1 1 00 2002B series bonds as follows:
Bidder is Net Interest Cost True Interest Rate
Bernardi Securities, Incorporated .086,864.95 $718,239.63 5.2453%
United Bankers' Bank $2,088,900.00 $718,819.79 5.2503%
Cronin & Company Incorpor ' $2,102,236.05 $726,017.08 5,2879%
Salomon Smith Barney
UBS Painewebber Incorporated
Morgan Stanley, Morgan Stanley DW Inc.
Citizens Bank
U.S. Bancorp Piper Jaffray, Inc.
$2,093,584.20 $732,286.63 5.3321%
Miller Johnson Steichen Kinnard, Inc. $2,088,900.00 $762,618.96 5.5743%
Mr. Shannon recommended the award of the $2,110,000 G.O. Improvement Bonds, Series 2002B to
Bernardi Securities, Incorporated.
Mr. Shannon noted the City's Charter includes a provision regarding three different areas of the City,
in which if improvements are generated and there are residential properties within those areas, they
COUNCIL MINUTES JUNE 24, 2002
have the opportunity to opt out of special assessments. He stated, under Federal guidelines, because
those three areas are separate from the other areas of the City, they are treated differently and do not
qualify for tax-exempt financing. Therefore, the Apollo Drive/Lake Drive project had to be removed
from the tax-exempt financing. He indicated this resulted in a higher interest rate and an additional
cost to the City of approximately $132,000.
Mr. Shannon indicated the principal and interest on both bond issues would be paid through special
assessments against the benefited properties and the agreed upon interest rate for the assessments was
7%. He anticipated this spread would more than cover the principal and interest.
Mr. Shannon acknowledged the City's bond rating had been improved from A3 to A2. He stated this
was a very good rating situation for lower interest rates. He expressed his appreciation to City staff
for working with Moody to obtain this higher rating. He indicated this higher rating reflected the
City's growing economic base and noted the expectations of the 'ty due to this higher rating.
Mr. Shannon congratulated the City on its improved rating, whi ' - e ` was very attractive for the
bonds. He noted in the past a rate of 5.25% would have bee for tax-exempt bond issues.
Councilmember O'Donnell requested clarification that
1 and interest was anticipated to be
more than covered by the special assessments. Mr. S stated this was correct.
00
Regarding the additional cost to the City of $132, uncilmember Carlson noted this tax-exempt
issue was related to a City Charter amendment ade in 1993. She asked Mr. Shannon if he
would recommend that the City re-examine t endment.
Mr. Shannon responded affirmatively.
to the City Charter and noted current
must be assessed to benefited prop
Councilmember Carlson su
needs at that time. However,
that were anticipated to grow.
reconsider this section of the Ci
assistance.
sed a number of concerns regarding that amendment
provision in the Charter that 100 percent of bonds
, if this is not the case, there must be a referendum.
ps the amendment to the City Charter had met the City's
ri
ate s the amendment did not address the three areas of the City
e felt the Charter Commission and the City Council may wish to
Charter. Mr. Shannon supported this action and offered his
Mayor Bergeson requested confirmation, if the City did not have a Home Rule Charter, under State
Statute this entire bond issue would have been tax-exempt. Mr. Shannon stated this was correct. He
noted, however, there are Federal guidelines that must be met and, if there are guarantees by a
developer on a project and the developer is receiving a direct benefit, this would be treated differently
and the issue would be taxable.
Mayor Bergeson congratulated City staff on obtaining a higher bond rating.
Councilmember O'Donnell moved to adopt Resolution No. 02-60, Awarding the Sale of $645,000
G.O. Improvement Bonds, Series 2002A. Councilmember Carlson seconded the motion.
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COUNCIL MINUTES JUNE 24, 2002
Motion carried unanimously.
Councilmember Reinert moved to adopt Resolution No. 02-61, Awarding the Sale of $2,110,000
Taxable G.O. Improvement Bonds, Series 2002B. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolutions No. 02-60 and No. 02-61 can be found in the City Clerk's office.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
Consideration of Resolution No. 02-62, Pledging Support for a Voting Equipment Grant
Application — Ann Blair, City Clerk Blair advised a Voting E e ' . ment Grant Account was created
in the State Treasury to provide grants to political subdivisions i esota for the purchase of
precinct based optical scan ballot tabulation equipment.
City Clerk Blair indicated, in March of 2000, the City purc ` ed s Accu -Vote machines, one for
each precinct. However, the voting equipment grant is •p. 'ty for the City to purchase a
"back-up" unit for that election day when a system br • awn. The cost of an Accu -Vote system is
$4883.00. The amount of the grant request is $2,4a 0, wi"' the City paying the remaining
$2,441.50 out of the General Fund, if the City is - for the program. Applications for this grant
are due to the Secretary of State's Office no late � a close of business on Friday, June 28, 2002.
City Clerk Blair indicated attached to this.:: a copy of the grant application and the
Resolution of support that is required to om y the application.
City Clerk Blair advised staff reco w . doh a `. n of Resolution No. 02-62, Pledging Support for a
Voting Equipment Grant A.plication
Councilmember Carlson move s : a apt Resolution No. 02-62, Pledging Support for a Voting
Equipment Grant Application. ouncilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-62 can be found 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
Receive Bids and Award Contract for Timberwolf Trail Project, Rick DeGardner, Public
Services Director DeGardner advised this trail project is located at the end of Timberwolf Trail and
COUNCIL MINUTES JUNE 24, 2002
will provide a connection for residents in the Pheasant Hills Development to the Regional Park Trail
system. City staff reviewed the project on-site with three contractors. On Friday, June 7, 2002 bids
were opened for the Timberwolf Trail Project. Bids were submitted as follows:
T.A. Schifsky and Sons, Inc. $33,966
Arcade Asphalt $37,750
Buck Blacktop No Bid
Public Services Director DeGardner indicated, based on the bids received, staff recommends
awarding the Timberwolf Trail Project to T.A. Schifsky and Sons, Inc. for a base bid of $33,966. The
scheduled final completion date is July 12, 2002. The funding for this project is the Dedicated Park
Fund. This project was approved by the City Council as a component of the Park Board's 2001
Goals.
Public Services Director DeGardner advised staff recommends
award the Timberwolf Trail Project to T.A. Schifsky and Sons,
$33,966.
Council receive bids and
base bid in the amount of
Mayor Bergeson noted a bid had not been submitted by to acktop company, Buck Blacktop,
and questioned whether they had been invited to sub Public Services Director DeGardner
stated Buck Blacktop had been invited to submit a ®; how er, they rarely perform this type of
specialized project.
Councilmember O'Donnell moved to receive s and award the Timberwolf Trail Project to T.A.
Schifsky and Sons, Inc. for a base bid in o sof $33,966. Councilmember Reinert seconded
the motion.
Motion carried unanimously.
COMMUNITY DEVELO
RTMENT REPORT, MIKE GROCHALA
1
Consideration of Resolution . 02-64, Approving Site Performance Agreement, Raske
Building Systems, Michael Grhala— Community Development Director Grochala advised the
City Council approved the Site and Building Plans for Raske Building Systems, with conditions per
Resolution No. 02-58 on June 10, 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 thirty-five (35) percent of the site
improvement costs to ensure completion of the project in accordance with the approved plans.
2. A special assessment agreement for the previously installed Apollo Drive Improvements in the
amount of $60,911.86.
COUNCIL MINUTES JUNE 24, 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 Raske Building Systems has reviewed the
agreement and is aware of the conditions set forth.
Community Development Director Grochala advised City staff recommends approval of Resolution
No. 02-64, Approving Raske Building Systems Site Improvement Performance Agreement.
Councilmember Dahl moved to adopt Resolution No. 02-64, Approving Raske Building Systems Site
Improvement Performance Agreement. Councilmember Carlson seconded the motion.
Motion carried unanimously.
Resolution No. 02-64 can be found in the City Clerk's office.
Consideration of Resolution No. 02-55, Accepting Street d ility Easements, Lake and
Apollo Improvement Project, Michael Grochala — Co ' 1 evelopment Director Grochala
advised, as part of the Lake/Apollo Drive Improvemects, permanent easements were needed
for street and utility purposes at the southeast, sout .tan.'' orthwest corners of the Lake
Drive/Apollo Drive intersection. The easements uired to facilitate the placement of traffic
signals and to accommodate the necessary turn ga m the intersection.
Community Development Director Groch
at no cost by the respective property o
(McDonald's), Fast Break Corner M
recommending acceptance of the p
d the easements have been provided to the City
em Capital Real Property Corporation
and Community National Bank. Staff is
ents for street and utility purposes.
Community Development �_ ro, advised City staff recommends adoption of Resolution
No. 02-55, Accepting Street ements, Lake and Apollo Improvement Project.
Councilmember Carlson express d appreciation to the property owners for providing the necessary
easements at no cost.
Councilmember Carlson moved to adopt Resolution No. 02-55, Accepting Street and Utility
Easements, Lake and Apollo Improvement Project. Councilmember O'Donnell seconded the motion.
Motion carried unanimously.
Resolution No. 02-55 can be found in the City Clerk's office.
Consideration of Resolution No. 02-63, Approving Conditional Use Permit for a Petting Zoo,
William Walton, 8140 20th Avenue, Michael Grochala — Community Development Director
Grochala advised Bill and Jean Walton have been operating a Petting Zoo, "Walton's Hollow" for
COUNCIL MINUTES JUNE 24, 2002
over 10 years. The Waltons have traditionally trailered their animals to various locations around the
Twin Cities (nursing homes, senior centers, etc.) The Waltons, who have moved with their animals
from White Bear Lake to Lino Lakes in the past year, would now also like to provide on-site visits to
their farm on 20th Avenue and so are asking for a Conditional Use Permit to allow such a use.
Community Development Director Grochala indicated the site is zoned Rural and guided as Rural
Land Use under the proposed 2001 Comprehensive Plan. All surrounding uses are similarly zoned
and guided. Lino Lakes City Ordinance does not specifically address any use such as a "petting zoo"
or "farm visit." As a result, staff is recommending using Section 5, subd. 1.H.3, which applies to
conditional uses in a Rural zoned described as follows:
"Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal
hospitals with overnight care and similar uses."
Staff would argue that the above-described uses are basically si nature to that of a petting zoo
in the following ways:
1. Animals are kept on site.
2. People come to interact with animals.
3. There is a recreational as wells as a co al component to such uses.
As a result, it is appropriate that a Conditional Usk Pe apt be applied for prior to allowing a use such
as a petting zoo to occur on the site.
Community Development Director Groch
the east side of 20th Avenue, north of 80
southern area of the site contains fen
leading off 20th Avenue to the hou
d the subject site is a 20 -acre parcel located on
The northern area of the site is open hayfield; the
areas; the center of the site contains a driveway
and pole barn.
The 90 -foot by 96 -foot pole w, + s t • 0 -foot by 72 -foot central arena area which is surrounded
by approximately 15 stalls of u izes, in addition to some storage areas. There is a hay
storage/loft area over the stalls. ive separate fenced pasture areas of various sizes surround the barn.
In addition, there is a 20 -foot by J 6 -foot area on the north side of the barn, separated from the rest of
the barn by a wall, which will contain restroom facilities. Parking areas are to the west and northwest
of the barn. Farther west of the parking area is an outdoor area to be used for outside exhibition of,
and interaction with, animals.
Community Development Director Grochala indicated Fire Chief Bennett has advised that any use of
the barn area will require that the entire barn be equipped with a sprinkler system, the price of which
appears at this time to be prohibitive for the applicant. Chief Bennett has also advised that even use
of the room on the north side of the barn for gathering/assembly purposes would require that the
entire barn area be sprinkled because the area cannot structurally be adequately separated from the
rest of the barn area. Use of the area for restroom purposes, however, can be allowed under the fire
code, according to Chief Bennett. As a result, the applicant will plan to exhibit animals out of doors
8
COUNCIL MINUTES JUNE 24, 2002
as they do when trailering animals to various sites, and possibly constructing a smaller building in the
future for assembly/shelter purposes.
Community Development Director Grochala indicated the applicant does not foresee general, open
hours of operation for the public at large. Rather, scheduled groups of set numbers will visit. Group
sizes may vary, but will be known ahead of time. In this way, parking issues can be planned for.
Community Development Director Grochala indicated the main parking area is to the west of the barn
and measures roughly 100 feet by 100 feet. A second parking area, measuring roughly 100 feet by 50
feet, is situated across the driveway to the north from the main parking area. The driveway itself is
currently 17 feet wide, and the applicant plans to widen it to 24 feet to better accommodate vehicles.
Community Development Director Grochala indicated access to the site is off 20th Avenue, which is a
County road. As a result, plans have been forwarded to the An County Highway Department for
review and comments.
Community Development Director Grochala stated the appy
petting zoo for number of years under the U.S. Departme
Inspection Service (APHIS).
'ed a license to operate a
'culture's Animal and Plan Health
Community Development Director Grochala advis •, se o site for a petting zoo/farm visit
appears to conform to the general guidelines outl ed • Conditional Use Permit for Rural zone
under the Lino Lakes City Ordinance, and staf • - ommend approval of the Conditional Use
Permit, with conditions.
Community Development Director Gro
into play depending on how the site i
cated as various fire and building code issues come
would recommend the following conditions:
1. All parking must be contain
accommodate visito
parking surfaces will
e. The driveway should be widened to 24 feet to better
surfaces should be rocked; any paved/impervious
m'ssion and approval of a grading plan to the City Engineer.
2. Any indoor assembly are must conform to applicable fire and building codes; if visitors to
the site enter the barn area, with the exception of restroom facility, the entire barn must be
equipped with a fire suppression system, per review of the Lino Lakes Fire Chief.
Community Development Director Grochala indicated the above report was presented at the June 12,
2002 meeting of the Planning and Zoning Board. After consideration of the issues, the Board voted
to approve the proposed Conditional Use Permit, with the conditions noted above.
Community Development Director Grochala advised staff recommends adoption of Resolution No.
02-63, Approving Conditional Use Permit for a Petting Zoo, William Walton, 8140 20th Avenue, with
conditions.
COUNCIL MINUTES JUNE 24, 2002
Councilmember Carlson noted Hardwood Creek crosses the southwest corner of the subject property.
She indicated approximately one month ago, the Rice Creek Watershed District had been before the
City Council requesting support for obtaining easements along Hardwood Creek in an effort to reduce
the levels of phosphorus in the creek. She questioned whether City staff has discussed with the
applicant the dedication of such an easement on their property.
Community Development Director Grochala stated that such easement dedication has not been
discussed with the applicant and he did not believe this could be required as part of the Conditional
Use Permit. He noted the land through which Hardwood Creek crosses is pasture land.
Councilmember Carlson suggested that paragraph h under City Ordinance Section 2, subd. 2.B.7,
which states, "Will not result in the destruction, loss, or damage of a natural, scenic or historic feature
of major importance" could apply to this concern.
Community Development Director Grochala responded that the
impact on the existing land. He felt that to continue using the 1
impact on the creek than would a tilled field utilizing fertili
requiring the dedication of easements as part of the Conditi
It was the opinion of City Attorney Hawkins that the
easements as part of the Conditional Use Permit.
and State cases dealing with requirements of citie
such a request would not relate to the requeste
Councilmember Reinert asked if there we
Community Development Director Gro
related to this particular use. He not
involved exotic animals, not farm
ed use would not have an
asture would have less
not comfortable with
Permit.
uld clearly have no right to require such
dicad there have been a number of Federal
equesting easements and he concurred that
al Use Permit.
•
problems associated with this type of use.
ed City staff was not aware of any known problems
oblems with other private zoos, however, they
Community Development ro indicated City staff performed a fairly thorough review
of neighboring cities that hav . si ' lar ses and the largest concern expressed was related to
parking issues. He indicated st f attempted to address this concern by requiring on-site parking. He
recommended perhaps an annua eview of this Conditional Use Permit to ensure there are no
unforeseen issues. He noted the petting zoo would not be open to the public, rather tour groups
would be scheduled for on-site visits.
Councilmember Reinert questioned what types of animals will be kept at the property and whether
there were limits to the types that can be kept. Community Development Director Grochala stated
City staff was not recommending any conditions on the types of animals. He asked that the applicant
explain the types of animals that will be kept on site.
William Walton, 8140 20th Avenue, provided the City Council with his business card, which listed
the types of animals he and his wife keep for their petting zoo, which included typical farm animals,
lamas, ponies and miniature donkeys.
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COUNCIL MINUTES JUNE 24, 2002
Mr. Walton stated he has found there is a great demand for petting zoos since many people do not
have access to farm animals. He stated his intent was to provide for that type of service and
entertainment.
Councilmember Reinert asked when the petting zoo will open, if the Conditional Use Permit is
approved. He noted his three daughters would like to visit a petting zoo. Mr. Walton stated his intent
was to avoid having the petting zoo open to small, individual groups. He stated the petting zoo would
be cost prohibitive to most small groups. He indicated there were currently several larger groups
scheduled to visit the site and his business tends to be fairly busy. He stated his business primarily
focuses on senior citizen groups and special education children groups.
Councilmember Carlson requested confirmation that the Walton's petting zoo had been brought to the
Earth Day celebration. Mr. Walton stated this was correct.
Councilmember Carlson added that the Walton's petting zoo has
Elementary School and the White Bear Lake Marketfest. She st
with her grandchildren and has found the animals to be very
the interaction between the animals and those visiting the
Councilmember Carlson asked Mr. Walton if they w
responded affirmatively. He noted he would be pr
event at the State Fair grounds.
Councilmember Dahl moved to adopt Resol
a Petting Zoo, William Walton, 8140 20`h
Councilmember Reinert seconded the
brought to the Rice Lake
as visited the petting zoo
ell cared for. She added that
o is well monitored.
roviding pony rides. Mr. Walton
d -led pony rides this weekend during an
No. 02-63, Approving a Conditional Use Permit for
ith conditions as listed in the staff report.
Councilmember Dahl stated she we this use in Lino Lakes. She noted there were
many hobby farms in the area that a g r9w so d for development.
Councilmember Carlson add . t e in ent of the Vision 20/20 Plan was for rural land to be used
in such a way to allow for the p • perty owner to have an income, versus land being sold for
development to make a profit. S e felt that this use will fit well with that goal.
Motion carried unanimously.
Resolution No. 02-63 can be found in the City Clerk's office.
Second Reading, Ordinance No. 04-02, Vacating Public Drainage and Utility Easements, Molin
Concrete, Jim Studenski — City Engineer Studenski advised the City has received a request from
Molin Concrete (415 Lilac Street) to vacate overlapping public drainage and utility easements. As
part of their 2001 building expansion project, their Conditional Use Permit was amended. Rice Creek
Watershed District required new drainage easements over the parcel through the new Surface Water
Management Plan.
COUNCIL MINUTES JUNE 24, 2002
City Engineer Studenski indicated the City Council approved the first reading of Ordinance No. 04-02
at their June 10, 2002 meeting.
City Engineer Studenski stated the Molin Concrete parcel is located in the northeast corner of Lilac
Street and Fourth Avenue. The Easement Exhibit map shows both sets of easements on it. The new
Surface Water Management Plan either overlapped the previous easements or it eliminated the need
for them. Therefore, the previous easements (Easements Document #1404034) can be eliminated
because the necessary areas are covered with the new easements.
City Engineer Studenski stated, through this process, it was noted that an easement the City
previously acquired along Fourth Avenue on the Molin Concrete parcel was not shown to be of
record. The City is in the process of determining if the easement was recorded at Anoka County.
Approval of the proposed easement vacations will be contingent on confirmation that the City does
have the necessary easement along Fourth Avenue on the Mol • ncrete parcel.
City Engineer Studenski indicated the following options for the cil regarding this
Ordinance:
1. Approve the Second Reading of Ordinance No. 0ating Public Drainage and Utility
Easements, Molin Concrete.
2. Return to City staff with direction.
3. Deny the vacation request.
City Engineer Studenski verbally added a fo •ption to continue the Second Reading of Ordinance •
No. 04-02 to allow City staff additional ti c •' rm that the City does have the necessary
easement along Fourth Avenue on the • crete parcel.
•
City Engineer Studenski advised C ends the continuance of the Second Reading of
Ordinance No. 04-02.
City Attorney Hawkins antici Pv fic •`' ion of the necessary easements within the next two weeks.
Mayor Bergeson questioned wh-z er continuing the Second Reading of Ordinance No. 04-02 to the
next regular City Council meeting would allow City staff enough time to verify the recording of the
easements. City Attorney Hawkins anticipated this would be a sufficient amount of time and he
would inform City staff if this proves to not be the case.
Councilmember Carlson moved to continue the Second Reading of Ordinance No. 04-02, Vacating
Public Drainage and Utility Easements, Molin Concrete, based on the recommendation of City
Attorney Hawkins this evening and during the June 10, 2002 City Council meeting that the City
Council not approve the Second Reading if the easement situation has not yet been clarified.
Councilmember O'Donnell seconded the motion.
Motion carried unanimously.
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COUNCIL MINUTES JUNE 24, 2002
Second Reading, Ordinance No. 05-02, Vacating Public Right -of -Way, Cree Lane, Shenandoah
2nd Addition, Jim Studenski — City Engineer Studenski advised the City has received a request from
Michael Chmelowsky (6557 Hokah Drive) and William Lahti (6567 Hokah Drive) to vacate Cree
Lane. Cree Lane is a 60 -foot wide, unimproved public right-of-way that was platted as part of
Shenandoah 3rd Addition. The right-of-way was intended to serve as a connection for future
development to the west of the subdivision. The City Council approved the First Reading of
Ordinance No. 05-02 on June 10, 2002.
City Engineer Studenski indicated the Spirit Hills residential development, located immediately to the
west of Shenandoah 3rd Addition, did not use this connection. The Cree Lane right-of-way terminates
at the western edge of Shenandoah 3rd Addition and it is no longer possible to extend the road
westerly.
City Engineer Studenski stated no utilities are located within t
is staff's opinion that the right-of-way is no longer needed for pu,
However, staff does recommend reserving a 10 -foot drainage an
Drive.
isting Cree Lane right-of-way. It
eet or utility purposes.
asement adjacent to Hokah
City Engineer Studenski advised staff recommends appro, l ,,e Second Reading of Ordinance No.
05-02, Vacating Cree Lane, Shenandoah 3rd Addition,
Councilmember Reinert moved to approve the Se
Cree Lane, Shenandoah 3rd Addition. Council
Motion carried unanimously.
ading of Ordinance No. 05-02, Vacating
ahl seconded the motion.
Mayor Bergeson voted yea. Councilme l er C lson voted yea. Councilmember Dahl voted yea.
Councilmember O'Donnell voted ye • ember Reinert voted yea.
Ordinance No. 05-02 can be found in - ty lerk's office.
Consideration of Resolutio f : i 5, ccepting Plans and Specifications and Authorizing
Advertisement for Bids for B ck Duck Lift Station Improvement Project, Michael Grochala —
Community Development Direc r Grochala 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
specifications to construct a new lift station and rejected the bids due to the high contract prices
received. The City also initiated a project in 1998 to replace the lift station but terminated the process
due again to estimated costs and funding constraints.
Community Development Director Grochala indicated 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.
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COUNCIL MINUTES JUNE 24, 2002
Community Development Director Grochala indicated, as with the earlier project, City 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. Additionally, the
improvements have been designed to minimize disruption of Black Duck Drive. Directional boring
of new pipe under Black Duck Drive, into an existing manhole and wet well, will eliminate the need
to open cut the street.
Community Development Director Grochala indicated Short, Elliott, Hendrickson, Inc. (SEH), is the
engineer for this project. The Engineer's estimated construction cost is $321,450. The project will be
funded from the City's Trunk Area and Unit Fund and City staff is attempting to allow some funding
from the Sewer Utility Fund. Additionally this project is included in the draft Five -Year Capital
Improvement Plan for construction this year.
Community Development Director Grochala advised City staff r
No. 02-65, Accepting Plans and Specifications and Authorizing
Duck Lift Station.
ends adoption of Resolution
ement for Bids for the Black
atns d be if the Black Duck lift station
ctor indicated the implications would be
s would continue to exceed capacity.
added that there are OSHA requirements
tering the station.
Councilmember O'Donnell questioned what the implica
not replaced at this time. Community Developm
increased maintenance costs and the waste water fl
He indicated the pumps are operating continuous
that must be met and it is hazardous for perso 1
Public Services Director DeGardner adde
the City would have little wiggle room i
this project any further.
he lift station is having to pump continuously,
tation failed. He did not feel the City could delay
Councilmember Carlson re • uested c •R ation that, due to the age of the existing lift station and the
added waste water flow vol C; • Id potentially be facing back-up issues in the future if
the lift station was not replac . ` t im = Community Development Director Grochala stated this
was correct.
Councilmember Dahl noted, per the location sheet, the existing Black Duck lift station is to be
abandoned. She questioned whether this meant the removal of all the equipment and the return of the
land to the adjacent property owners, or whether the station would simply be filled and the equipment
allowed to remain on site.
Community Development Director Grochala stated the existing lift station and control panel would be
removed from the site. He stated the issue would then be brought back to the City Council to vacate
the property and return the land to the surrounding property owners.
Councilmember Dahl questioned whether delaying the project since 1994 has resulted in a better or
worse cost for the project. Community Development Director Grochala indicated the construction
14
COUNCIL MINUTES JUNE 24, 2002
costs have increased since 1994, however, it will now be possible for the City to utilize newer
technology. He indicated the bid for this project in 1998 had been approximately $278,000.
Mayor Bergeson asked if the funds are currently available for this project or whether a bond will be
necessary. City Finance Director Rolek anticipated that the project would funded through available
cash reserves from the Trunk Area and Unit Fund and the Sewer Utility Fund.
Councilmember O'Donnell moved to adopt Resolution No. 02-65, Accepting Plans and
Specifications and Authorizing Advertisement for Bids for the Black Duck Lift Station.
Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-65 can be found in the City Clerk's office.
Consideration of Resolution No. 02-66, Accepting Feasibility ' epo and Calling of a Public
Hearing on Improvements, 21st Avenue Street and Stor provements, Jim Studenski
— City Engineer Studenski advised, at the March 12, 2001 Cosi cil meeting, a study was ordered
to evaluate the construction of roadways and storm sewe . ` . ssociated costs on 21st Avenue,
south of Main Street, and a portion of Northern Lights, - yard. The feasibility report was
presented at the April 23, 2001 City Council meeti : The asibility report was revised on May 29,
2001, by reducing the length of the street improv: in 21st Avenue. City staff has updated the
estimated costs and the project timetable for the
City Engineer Studenski indicated City st
feasibility report and call a hearing on t
2002, at which time a detailed review
sting that the City Council receive the updated
ements. The hearing is scheduled for August 8,
ibility report will be presented.
City Engineer Studenski noted, in ac .. ce with Minnesota State Statute 429, the update feasibility
report is to be received by t �e d a public hearing scheduled.
City Engineer Studenski advise City staff recommends adoption of Resolution No. 02-66, Receive
the Feasibility Report and Call a ublic Hearing for August 12, 2002 for the 21st Avenue Street and
Storm Sewer Improvements.
Councilmember Carlson questioned whether an appraisal will be performed to determine whether the
increase in market value of these improvements will be sufficient to justify the assessments.
Community Development Director Grochala stated this will be evaluated. He indicated this will be
an expensive project and there have been concerns expressed by citizens. He stated the intent at this
point would be to follow through with the proposed process and hold an assessment hearing, which
will begin the 30 -day appeal process. He noted this will allow the City to re-examine the project prior
to committing to advertising for bids if appeals on the assessments are filed.
City Engineer Studenski noted the major cost factor in this project was the connection to Main Street
and the associated requirements of Anoka County.
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COUNCIL MINUTES JUNE 24, 2002
Mayor Bergeson questioned whether an alternative plan has been determined in the event the project
can not be fully assessed to the benefiting property owners. Community Development Director
Grochala indicated City staff will continue to investigate any funding alternatives for this project. He
noted the improved roadway was needed primarily to serve six property owners.
Mayor Bergeson questioned whether the City could assess the property owners on Northern Lights
Boulevard for the improvements on 21St Avenue, since 21st Avenue is the only way to access Northern
Lights Boulevard.
Community Development Director Grochala acknowledged that the property owners on Northern
Lights Boulevard would benefit from this project. He requested the City Attorney's opinion regarding
this matter.
City Attorney Hawkins advised in the past the City has maintain
must increase the same amount as the proposed assessments for
anticipated that the City would need to determine whether
Northern Lights Boulevard would increase as a result of the
t the market value of a property
ent projects. He
alue of the properties on
vements.
City Engineer Studenski noted the proposed schedule;, a en determined such that the process can
be stopped at any time if necessary.
Councilmember Carlson noted during the Lea
recommendation had been made that apprais
improvement process. She expressed con
road improvement projects that have no
projects. She felt the City needed to
neighborhoods.
Mayor Bergeson requested
performed early in the proces
challenged.
esota Cities convention last week, a strong
n market value increases be done early in the public
e City has committed State Aid funds to certain
pleted, when those funds are needed for other
planned road improvement projects in its residential
her the cost of the appraisal would be paid by the City if
Id be paid by the property owner if the assessments were
City Attorney Hawkins believed the appraisals could be done early in the process in order to proceed
with the project and, if it is found that the appraisal supports the market value increase, then the fee
could be included in the project costs. However, if the appraisal did not support the market value
increase, then the City would pay the cost of the appraisal. It was his opinion that because the project
is not urgent, the City could move ahead with the project and, if there are any appeals of the proposed
assessments, an appraisal be performed at that time.
Councilmember Reinert moved to adopt Resolution No. 02-66, Accepting the Feasibility Report and
Calling for a Public Hearing to be held on August 8, 2002 for the 21St Avenue Street and Storm Sewer
Improvements. Councilmember O'Donnell seconded the motion.
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•
COUNCIL MINUTES JUNE 24, 2002
Community Development Director Grochala clarified that 21St Avenue is currently not on the City's
State Aid system because it is a joint roadway. He indicated there would be a number of obstacles for
the City to add this road to the State Aid system, but he offered to explore this option.
Motion carried unanimously.
Resolution No. 02-66 can be found in the City Clerk's office.
Consideration of Resolution No. 02-67, Approve Final Payment for 2001 Surface Water
Management Program, Jim Studenski — City Engineer Studenski advised the contractor for the
2001 Surface Water Management Project, Forest Lake Contracting, Inc., is requesting City approval
of Payment No. 2 (Final) in the amount of $14,676.40. The original contract amount was
$136,491.00 and the final contract amount is $122,642.00.
City Engineer Studenski advised City staff recommends adoptio ; ' esolution No. 02-67,
Approving Payment No. 2 (Final) for the 2001 Surface Water M age,"nt Project.
Mayor Bergeson questioned why the final contract amount
amount. City Engineer Studenski indicated this reductio
acquisition of the Oak Creek pond area from the con
er than the original contract
the removal of the easement
ich was taken on as a separate issue.
Councilmember Dahl moved to adopt Resolution o. 67, Approving Payment No. 2 (Final) for the
2001 Surface Water Management Project. Coer Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-67 can be found i Jerk's office.
Consideration of Resolution No. :" uthorizing Participation in Annual DNR Oak Wilt
Grant Program, Michael unity Development Director Grochala advised in the
past the City has made applic. . o; part cipation in the DNR Oak Wilt Grant Program. The City
has received funding previouslywl benefited from its participation in the Community Forest Health
Program, which involves an app = ximate 45 percent reimbursement of costs associated with Oak Wilt
control.
Community Development Director Grochala advised City staff recommends adoption of Resolution
No. 02-69, Authorizing Participation in the Annual DNR Oak Wilt Grant Program.
Councilmember Carlson moved to adopt Resolution No. 02-69, Authorizing Participation in the
Annual DNR Oak Wilt Grant Program. Councilmember O'Donnell seconded the motion.
Motion carried unanimously.
Resolution No. 02-69 can be found in the City Clerk's office.
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COUNCIL MINUTES JUNE 24, 2002
Consideration of Resolution No. 02-71, Approving Joint Powers Agreement with Anoka
County, Lake/Apollo Drive Traffic Signals, Michael Grochala — Community Development
Director Grochala advised Anoka County has provided the City with a Joint Powers Agreement for
the reconstruction of County State Aid Highway 23 (Lake Drive.) The agreement sets forth the roles
and responsibilities of both the County and the City for construction of the improvements.
Community Development Director Grochala indicated the project is being undertaken as a City
project, with the associated costs assessed to the benefiting property owners (Market Place and Lino
Lakes Commercial.) However, since the intersection of Lake Drive and Apollo Drive has met
warrants for a traffic control signal, Anoka County is financially participating in accordance with
County cost sharing policy.
Community Development Director Grochala indicated the Joint Powers Agreement provides for the
payment by Anoka County to the City of an estimated $40,729, or their share of the traffic signals.
He noted a revised draft copy of the Joint Powers Agreement ha. . submitted to the City Council
this evening and he reviewed the minor changes in that revised
Community Development Director Grochala advised City
No. 02-71, Approving Joint Powers Agreement with An
Signals.
City Engineer Studenski indicated this project ha
and he was informed that the City does not hav
traffic signals. Therefore, if the City were to
City to contract out this work.
Councilmember O'Donnell moved t
Agreement with Anoka County, L
seconded the motion.
Motion carried unanimously.
Resolution No. 02-71 can be fo d in the City Clerk's office.
UNFINISHED BUSINESS
There was no unfinished business to consider.
NEW BUSINESS
CONSIDER APPROVAL OF MEETING MINUTES
May 22, 2002 — City Council Meeting Minutes — Revised Draft
June 5, 2002 — City Council Work Session Meeting Minutes
mmends adoption of Resolution
, Lake/Apollo Drive Traffic
viewed by the Public Works Department
y or the equipment to paint and maintain the
this responsibility, it would be necessary for the
olution No. 02-71, Approving Joint Powers
e Traffic Signals. Councilmember Carlson
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COUNCIL MINUTES JUNE 24, 2002
June 10, 2002 — City Council Meeting Minutes
June 17, 2002 — Joint Meeting with the City of Centerville
Councilmember Carlson requested changes to the June 5, 2002 City Council Work Session Meeting
Minutes and changes to the June 10,2002 City Council Meeting Minutes. The Council concurred
with these corrections.
Councilmember Dahl moved to approve the May 22, 2002 City Council Meeting Minutes — Revised
Draft, as submitted; the June 5, 2002 Council Work Session Meeting Minutes, as amended; the June
10, 2002 City Council Meeting Minutes, as amended; and the June 17, 2002 Minutes of the Joint
Meeting with the City of Centerville, as submitted. Councilmember Carlson seconded the motion.
Motion carried unanimously.
COMMUNITY CALENDAR JUNE 25, 2002 THROUGIli i 2002:
Tuesday, June 25, 2002, 5:30 p.m., Special Council W k on
Wednesday, June 26, 2002, 6:30 p.m., Environm ul : o d Meeting
Monday, July 1, 2002, 6:30 p.m., Park Boar
Tuesday, July 2, 2002, 5:30 p.m., City ":o i brk Session
Monday, July 8, 2002, 6:30 p.m., C o mei Meeting
ADJOURN
There being no further busine ocilmember Carlson moved to adjourn at 8:28 p.m.
Councilmember Dahl secondee " he motion.
Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, August 12, 2002.
Ann Blair,Clerk
Transcribed by:
Lori Rolfson
TimeSaver Off Site Secretarial, Inc.
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John $; rgeson, ayor
COUNCIL MINUTES JUNE 24, 2002
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