HomeMy WebLinkAbout10/28/2002 Council Minutes•
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CITY OF LINO LAKES
MINUTES
DATE : October 28, 2002
TIME STARTED : 6:30 P.M.
TIME ENDED : 11:20 P.M.
MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and
Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: City Administrator, Linda Waite Smith (part); City Clerk, Ann Blair;
Community Development Director, Michael Grochala; Finance Director, Al Rokek; Associate
Planner, Tanda Gretz; City Engineer, Jim Studenski; City Fire Chief, Milo Bennett (part); Police
Sergeant Kurt Rausch (part); and City Attorney, Barry Sullivan.
SETTING THE AGENDA
Mayor Bergeson requested the addition of Open Mike, Item 2E, to receive a report from the City
Clerk regarding the impact of the U.S. Senate race on ihpnicipal elections.
The agenda was approved as amended.
CONSENT AGENDA
Councilmember Carlson moved to approve the Consent Agenda, as presented. Councilmember
Reinert seconded the motion.
Motion carried unanimously.
ITEM
A. CONSIDERATION OEXPENDITURES:
i) October 28, 2002 (Check No. 66482 —
66638, $570,613.13)
ii) Centennial Fire District (Check No. 13448 —
13477, $17,471.16)
B. Consider Approval of Application for Exempt
Permit from Lawful Gambling License,
St. Joseph Catholic Church
ACTION
Approved
Approved
Approved
COUNCIL MINUTES OCTOBER 28, 2002
• OPEN MIKE
VFW Auxiliary to Present American Flags to City for Display at Voting Precincts on Election
Day and to Centennial Fire Station #2 — Gladys Broker, Chair of the VFW Auxiliary, introduced
VFW Auxiliary President Charlene Sanford and VFW Auxiliary Member Marie Waldhauser. She
then presented Fire Chief Bennett with three U.S. American flags and City Clerk Blair with the
POW/Missing in Action Flag. Ms. Broker also encouraged all to get out and vote on election day.
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Fire Chief Bennett thanked the VFW Auxiliary and stated Flags are flying in front of all three Fire
Stations and have been provided by the VFW Auxiliary.
Invitation to City Council to Attend American Heroes Day at Rice Lake Elementary School,
November 4, 2002, Martha Walmsley — Ms. Walmsley extended an invitation to the City Council to
attend the American Heroes Day at the Rice Creek Elementary School. This event will take place on
November 4, 2002 from 10:00 a.m. to 2:00 p.m. She reviewed her wort with the school to provide
two patriotic events for all students. She stated these events have been very meaningful to a lot of
students.
Mayor Bergeson thanked Ms. Walmsley for this invitation.
Discuss Drainage Issues, Douglas Malstrom — Thi--itm was not addressed.
Springsted Presentation, Recognition of Bond Rating Upgrade, Al Rolek — Finance Director
Rolek introduced David MacGillvrey, Springsted resident, Jerry Shannon, and Tem Heaton who
were in attendance to make a presentation to Lino Lakes for upgrading its bond rating for the bonds
sold in July of this year.
David MacGillvrey stated upgrades do not happen that often and are a testament as to the
achievements of the Mayor,: Council, and staff for their work. He noted that in June the City was
upgraded to A2 based on the City's growth 'economic developments and diversified development.
He stated that he started his early carer working with Lino Lakes and knows this is an achievement.
Mr. MacGillvrey reviewed the ower aspects considered when a bond rating is upgraded.
Mr. MacGillvrey advised that Jerry Shannon is leaving the firm so Terri Heaton has been working
with the City's staff. He stated that Terry brings a wealth of experience and was Chief Financial
Manager for City of Bloomington prior to coming to Springsted.
Jerry Shannon stated this is the second time he has had the privilege to come before the Council and
make a presentation of a rating upgrade. The last time was when bonds were sold to finance the Civic
Center when, at the dedication ceremony, the City received an upgrade from BAA1 to A3 from
Moody's Investor Service. Mr. Shannon stated he is now pleased to present an upgrade from A3 to
A2. He advised that Al is a good thing to strive for and there is work involved to get there. Mr.
Shannon stated that an A2 rating after just four years is to the City's credit.
Mr. Shannon presented a framed certificate of upgrade to the Mayor.
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Mayor Bergeson thanked Mr. Shannon for all the work he has done on behalf of the City. He noted
the bond work is complicated and Mr. Shannon has provided guidance to the City.
Impact of U.S. Senate Race on Municipal Election - Supplemental Ballot and Options for
Absentee Votes, Ann Blair — City Clerk Blair explained that as a result of the tragic death of Senator
Wellstone, all voters coming to the polls on election day will receive their ballots in two parts. The
first will be the already -printed ballots, with an "X" marked through the U.S. Senate race. The second
will be the Supplemental Ballot which contains only the U.S. Senate race. Voters will need to fill out
both ballot parts if they wish to have the opportunity to vote in all races. All of the Supplemental
Ballots will need to be counted by hand and the Accu -Vote machines will read the results of the other
races.
City Clerk Blair explained that the options for absentee voters is a bit more complex. If the absentee
voters who voted for Senator Wellstone do nothing, their ballots will count in all races except for the
U.S. Senate race. If they wish to have an opportunity to vote in theU S.'Senate race, at this time,
according to the Secretary of State's Office and also Anoka County, they may recast their ballots by
coming to the polls on election day. Voting at the polls on election day will void their previously -cast
ballot.
City Clerk Blair stated a question has been raised ahether or not there is a provision for re -
voting via the absentee option. Initially, the Secretary of State's office reported the answer was "no."
Now their official position is that "the law is unclear in this area, and we will let you know as soon as
they know more." If the absentee voter wishes t=revote, the only sure way to do that is to come to
the polls on election day.
City Clerk Blair explained that for absentee voters who did not vote for Senator Wellstone, they need
do nothing and their ballot will counts intende. Voters who have absentee ballots and/or plan to
vote absentee at City Hall and wish to vote for a DFL candidate have two options. They can avail
themselves of the "write in" option, hey;=can, if able, come to the polls on election day instead of
voting absentee. For voters choosing to vote at the polls on election day instead of voting absentee,
they will receive a ballot and a supplemental ballot at the polls, just as any other voter that day. The
fact that they requested and received an absentee ballot will not prevent them from voting. It would
be all right for these voters to bring their blank absentee ballots with them, but that is not mandatory.
City Clerk Blair stated staff will continue to process absentee ballots. She encouraged anyone with
questions to call City Hall or visit the Secretary of State's website.
Councilmember Carlson asked about a ballot postmarked on election day but received after that day.
City Clerk Blair stated the absentee ballot must be received by that date.
Mayor Bergeson asked if anyone wished to address the Open Mike.
• Don Dunn, 6885 Black Duck Road, stated he wanted to address the September 23, 2002 meeting
during which Hodson Road discussions ensued. He stated he thinks the Council and staff are doing
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OCTOBER 28, 2002
• good but can do a lot better. He stated credit goes to Community Development Director Grochala
when he said that "two wrongs do not make a right" in relation to Hodson Road.
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Mr. Dunn stated he was disappointed that Mayor Bergeson and Councilmember Reinert could not
agree at the meeting about whether it was or was not a three or four lane highway after all the debate
that had already been presented. Mr. Dunn stated he felt what Councilmember Dahl did was
incomprehensible; to sit on the Council and work sessions and then abstain from the vote thinking it
was a nay vote. He stated that putting your head in the sand is not representing the City or its
residents and life and death issues depend on the decisions of the Council. He stated that he does not
know if a vote to abstain is even legal in this situation.
Mr. Dunn stated that Councilmember Carlson was tardy with an excused tardy but he does not like to
suspect that there was some behind the scene activity between her and Councilmember Dahl to not
attend to vote that night. He stated he hopes that he is wrong and that it never happens. He pointed
out that if Councilmember Dahl's abstain vote was a no vote, the letter would not have been sent.
Mr. Dunn stated to Councilmember O'Donnell that he wished he would have taken a stronger
leadership role to get consensus before that meeting amongst three Councilmembers. He urged him
to get the safety issues on the table and dealt with properly".. He stated all have been reminded this last
week of how fragile life is.
Mr. Dunn stated he would like to see some overt action on the part of Council and staff to deal with
safety of the community, not when they come up but as a short- and long-term plan. He noted that a
stop sign has been discussed on Lake Drive_for years and asked them to look at the overall community
and not take a "bits and pieces" approach.
Mr. Dunn closed by saying congratulations on the. upgraded bond rating and especially to Finance
Director Rolek who played a key roll' in le lersliip.
Tim Baylor, JADT Property, stated :=he"wanted to address the precepts inherent in the understanding of
the assessment process. He stated that he signed a development agreement acknowledging the
proposed assessments. Mr. Baylor asked about the tax abatements given to Ryan Companies, Kohls,
and Target. He suggested that economic incentives should be ascribed to those who really need it and
stated they have demonstrated their commitment to Lino Lakes over the past five years, expended
extensive development dollars and personal resources to make Lino Lakes a better place, and bring
this vision to reality over the past five years. Mr. Baylor stated these assessments will impact them
substantially and maybe there should be some consideration to tax incentives or tax abatements to
portions of the land that will comprise commercial development that will enhance the City.
With regard to Mr. Dunn's comment on the stop light, Councilmember Carlson suggested he have a
further discussion with the City Administrator for minutes regarding that since the majority of the
money had been released back to Mr. Uhde.
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Councilmember Carlson stated she missed meetings for her mother's wake and when her sister had
tumors in both lungs. She stated that there was certainly no collusion for missing a meeting with
Councilmember Dahl.
Mayor Bergeson recognized former Mayor John Landers who is in attendance at the meeting tonight.
No one else was present for Open Mike.
FINANCE DEPARTMENT REPORT, AL ROLEK
Public Hearing for Certification of Delinquent Utility Fees, Al Rolek — Finance Director Rolek
explained that pursuant to City Code Section 401.29 and Section 402.14, Subd. 5, the City Clerk has
prepared a list of properties having delinquent water and sewer charges to be certified to the Anoka
County Auditor for collection with the 2002 property taxes, payable in 2003. He stated this is a routine
matter taken up each year about this time. He stated affected property owners will have an opportunity
to make comment during the public hearing which will be heldtoni Staff recommends that the
Council adopt Resolution 02-164 authorizing the certification of delinquent water and sewer utility
charges to be collected with 2002 property taxes payable in 2
Mayor Bergeson opened the public hearing at 6:58 p.
• Kelley Kimball, 7636 Appaloosa Lane, stated he sent back an official statement of his objection to
certifying his utility bill to the property taxes lie explained that he appeared last year regarding a
problem with possible inaccuracy of his water meter,. due to extremely high meter readings. In
November of last year, the water meter was tesd.- He witnessed one test of ten gallons performed
and it registered a higher consumption rate. Mr'Kimball stated that staff said the City would work to
come to an agreement but nothing has been done.
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Mr. Kimball stated a new meter was installed. The water consumption with the old meter was 856
gallons per day. Water consumption since'' installation of the new meter is 481 gallons per day. Mr.
Kimball stated that nothing in the residence changed to effect the change in consumption. He stated
that to use an extra 375 gallons they would have to do double the amount of laundry, dishes washed,
and flush the toilet 153 more times per day. He stated he is not trying to avoid paying for something
he rightly owes and is interested in resolving this matter as soon as possible but does not want to pay
more than his fair share which he believes he has already done. Mr. Kimball stated he is willing to
pay a fair consumption based on City, state or county statistics.
City Administrator Waite Smith asked how many gallons it takes to fill his swimming pool. Mr.
Kimball stated it takes 13,000 gallons to fill his swimming pool and it was filled one time. hi the
winter a certain amount is drained but not completely or half way. The following spring with the
snow melt, he has to add about four inches to raise it to level it needs to be.
Finance Director Rolek stated that Mr. Kimball did object to this assessment last year and at that time
it was requested that Mr. Hillesheim from the utility department test the meter. He tested the meter
with three separate tests and with each test it was found that the meter was actually reading under
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actual consumption. Finance Director Rolek explained that in most cases it is very rare that a meter
will read over what is being consumed. In most cases, as the meter is used and debris accumulates in
the meter, it will actually slow and read under the consumption. As for an explanation of why so
much water was consumed in the household, he has no answers and can only go by the reading of the
meter. The meter tested accurate to the extent that it was reading under the actual consumption.
Finance Director Rolek stated staff has worked with Mr. Kimball and had several conversations,
mostly in the past few months, by telephone or letter correspondence. Staff's position is that they
have gone to the extent possible to resolve this issue with Mr. Kimball. He noted the City has
received no payment since June of 2001.
Councilmember Carlson asked if the same property owner was in the house during the time under
question. Finance Director Rolek stated there has been no change in home ownership.
Councilmember Carlson asked if the weather of last year could have''ade a difference. Finance
Director Rolek stated it is possible the readings this year are lower due to increased rain and lower
lawn watering need. However, he does not know that for sure, or whether Mr. Kimball has an
underground irrigation system, or waters his lawn.
Councilmember Carlson asked how long this bill coverSyFinance Director Rolek stated it covers the
last two years and the account has not been paid in full°since May of 1999.
Councilmember O'Donnell asked if the bill includes both water and sewer services. Finance Director
Rolek stated it is for both water and sewer srvices.
Councilmember O'Donnell stated it is averaging about $140 per billing cycle. Finance Director
Rolek stated in June of 2001 there was a $355 balance.
Councilmember O'Donnell asked if this i an average amount. Finance Director Rolek stated it is
above average.
Mr. Kimball stated he has comparable information from his neighborhood with the same number of
family members and with swimming pools. Finance Director Rolek stated staff can do some further
research on that information if so directed.
Councilmember O'Donnell stated he does not find that amount per billing cycle to be out of line
when considering his bill. He stated this situation has been going on way too long and he would like
this resolved. He stated he remembers the conversations from last year that staff had been working
with Mr. Kimball. Councilmember O'Donnell stated he believed the meter readings were accurate
and asked when it could be certified if not certified tonight.
Finance Director Rolek stated the City generally certifies only once per year since it does not make a
lot of sense to do more often than once a year.
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Councilmember O'Donnell stated he does not want it to go on for another year but also wants to be
fair to Mr. Kimball.
Finance Director Rolek stated after testing the original meter it was exchanged, however, this meter
was not exchanged because it was a faulty meter. He explained that the City has a meter exchange
system to go from a manual read to a telephone read system. When the meter was tested, it was
noticed that it had met the threshold of 500,000 gallons and was due to be exchanged. He stated staff
still feels the readings of the original meter were accurate.
Mayor Bergeson stated the option is to certify the entire list or the Council could give some
consideration to the information presented.
Councilmember Reinert asked what the average water consumption is for a property like Mr.
Kimball's. Finance Director Rolek stated it varies from 30,000 during winter time up to 150,000 to
200,000 gallons in the summer depending on whether they have in -ground irrigation, a large lawn, or
a swimming pool.
Mr. Kimball stated he does not have an in -ground watering sys?
Councilmember Reinert asked why the Council would consider tabling this matter.
Finance Director Rolek stated it is staff's position that the readings are accurate and the water was
consumed. Staff does not have an explanation of why& for what purpose it was consumed but the
test showed the meter was reading accuratel;
Councilmember Reinert stated it appears that the matter is at an impasse.
Finance Director Rolek stated it is uncils discretion on how they want to handle it. He noted staff
does not have the ability to wte off a 'ng for water that has been used. He explained that a good
deal of the charges are for non-pa,ht o - the last year and two years. He advised that there are
$592 in penalties for the last year which is a substantial part of the outstanding amount. Finance
Director Rolek stated the Council, has some latitude there.
Councilmember Reinert stated he understands Mr. Kimball's concern and desire to protest in some
way if he believes the meter is not reading correctly. However, the evidence shows the meter did
work and barring other evidence to show that there is a case for Mr. Kimball's point of view, he
would support certifying. However, given the fact that this has taken two years to resolve, being
sympathetic to Mr. Kimball, and the fees accruing, he would consider doing something with those
extra fees.
Councilmember O'Donnell stated the Council just got this information tonight so he would support
tabling it to the next work session.
Mayor Bergeson stated if this address is pulled off the list, he would not want to try to resolve it at the
meeting tonight but to consider it at a work session meeting.
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Councilmember Carlson stated she agrees it should be considered at the work session. She stated she
remembers that when the meter exchange program was started, the Council made a decision about the
fees and how they would apply for individuals who protested their bill. Councilmember Carlson
asked staff to research that Council decision and to provide that information as well as the
information from Mr. Kimball ahead of time so the Council has the opportunity for review.
City Administrator Waite Smith asked if this particular account can be certified at another date.
Finance Director Rolek stated if it is removed from the list tonight, he would recommend it be
discussed at the next work session and then a decision reached at the next Council meeting.
No one else appeared to address this item.
City Attorney Sullivan suggested the Council consider the public hearing to be a continuation for the
one property that was excluded from certification (7636 Appaloosa Lane) so it does not have to be
renoticed.
Motion by Councilmember O'Donnell to close the public hearmg at 7:22 p.m. for the properties to be
certified and to continue the public hearing for 7636 Appaloosa Lane. Councilmember Dahl
seconded the motion.
Motion carried unanimously.
Consideration of Resolution No. 02-164 Certifying Delinquent Utility Fees, Al Rolek — Finance
Director Rolek explained that staff recom mends the`Council adopt Resolution 02-164 authorizing the
certification of delinquent water and sewer t hty charges to be collected with 2002 property taxes
payable in 2003.
Councilmember O'Donnell moved to r
table that discussion to the next Co
motion.
Motion carried unanimously.
rove 7636 Appaloosa Lane from the list to be certified and to
irk Session. Councilmember Reinert seconded the
Councilmember O'Donnell moved to adopt Resolution No. 02-164 Authorizing Certification of
Delinquent Water and Sewer Utility Charges for Collection with the 2002 Property Taxes Payable in
2003. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-164 can be found in the City Clerk's office.
ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
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Consideration of Second Reading of Ordinance No. 11-02, Cable Franchise, Linda Waite Smith
— City Administrator Waite Smith advised that the North Metro Telecommunication Commission has
renegotiated a 15 -year cable television franchise on behalf of its seven member cities with AT&T
Broadband. As this franchise agreement is an ordinance, it will require a public hearing and two
readings. Staff recommends holding the second reading and adoption of Ordinance No. 11-02.
Councilmember Carlson moved to approve SECOND READING and adopt Ordinance No. 11-02,
Cable Franchise. Councilmember Reinert seconded the motion.
Councilmember Carlson voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell
voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea.
Motion carried unanimously.
Ordinance No. 11-02 can be found in the City Clerk's office.
Public Hearing and First Reading of Ordinance No. 13-02 , nriding the Liquor Code, Section
700, Ann Blair — City Clerk Blair advised that the Council hadiscussed making changes to the
Liquor Code during work sessions and reviewed draft documents outlining the proposed changes.
She noted the draft ordinance reflecting the changes ori hih the Council has reached some
consensus for incorporation into the City Code. C��Clerk Blair stated she has talked with or left
messages with current liquor license holders. She review ed the substantive changes as follows: 1)
allowing on -sale liquor establishments to begin serving alcohol at 10:00 a.m. on Sundays; and 2)
providing additional grounds for revocation deritalor suspension of licenses. Some additional
language changes represent clean-up item
Mayor Bergeson opened the public hea
No one appeared to address this item.
Councilmember Reinert moved to close the public hearing at 7:28 p.m. Councilmember Dahl
seconded the motion.
Motion carried unanimously.
8 p.m.
Councilmember Dahl moved to approve FIRST READING of Ordinance No. 13-02, Amending the
Lino Lakes Liquor Code Section 700. Councilmember O'Donnell seconded the motion.
Councilmember Dahl voted yea. Councilmember O'Donnell voted yea. Councilmember Reinert
voted yea. Councilmember Carlson voted yea. Mayor Bergeson voted yea.
Motion carried unanimously.
• Authorize Payment for Environmental Clean-up Services, Mold Remediation, Linda Waite
Smith — City Administrator Waite Smith reviewed that in late August, the City became aware of
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mold in the Civic Complex. On September 9, the Council authorized the expenditure of $26,000 to
install carbon monoxide detectors at several locations, a centralized electronic monitoring system that
alerts us to problems and allows us to check those areas from one location, and a programming
control to override to help dehumidify air brought in from outside. The Institute for Environmental
Assessment evaluated the damage to the building interior and obtained quotes from contractors
qualified to perform decontamination.
City Administrator Waite Smith advised that clean up began in the Early Childhood Center which had
the most damage. Invoices totaling $26,411 have been received for these services and additional
costs will be incurred as the other two sections of the Civic Complex are decontaminated.
City Administrator Waite Smith recommended adoption of Resolution No. 02-165, authorizing to use
$26,411 from the Capital Improvement Program Fund (401) to pay for cleaning up mold in the Early
Childhood Center. It was noted that the Finance Director has recommended using the same fund for
all expenses related to mold problems in order to simplify documentation as the City seeks
reimbursement. Staff is currently gathering information to assist the City in an insurance claim or
legal action.
Councilmember Reinert moved to adopt Resolution No. 02-165, Authorizing Expenditures of
$26,411 from the Capital Improvement Fund (401) for Mold Remediation in Early Childhood Center.
Councilmember O'Donnell seconded the motion.
Councilmember Carlson stated she raised questions-at"the work session and was assured staff is
looking into this situation. She stated she is concerned about children four years and younger in the
building and does not know if it is an iss e of design, construction, or maintenance. She stated the
Council needs this information to get to*)qtasiS and rest assured the cause has been found. She
stated she looked at the repair made t0 Room 4,40 saw by the size of repair that there was a great
deal more moisture behind the walls than anticipated. Councilmember Carlson stated it is important
to keep the Council fully informed with allYof the facts and to assure it is cleared up once and for all.
Councilmember Reinert stated Ins support to also find the responsible party.
Councilmember Carlson stated the "buck stops" with the Council and the Council was aware of
complaints being made about moisture and cold temperatures. She stated the Council must now learn
all the facts and get to the heart of it.
Motion carried unanimously.
Resolution No. 02-165 can be found in the City Clerk's office.
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
Consideration of Joint Powers Agreement with Centennial School District 12 for Youth
Resource Officer — Police Sergeant Rausch advised that the Lino Lakes Police Department and the
Centennial School District #12 have completed the necessary paperwork for the renewal of the Joint
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COUNCIL MINUTES OCTOBER 28, 2002
111/ Powers Agreement (JPA) for school year 2002-2003. It was noted that the School District officials
approved the Youth Resources Officer agreement at their October 7, 2002 School Board meeting.
Staff recommends approval and execution of the JPA between the City of Lino Lakes and the
Centennial School District #12 for the Youth Resource Officer Program for school year 2002-2003.
Councilmember Carlson moved to approve the joint powers agreement between the City of Lino
Lakes and the Centennial School District #12 for the Youth Resource Officer Program for school year
2002-2003. Councilmember Dahl seconded the motion.
Motion carried unanimously.
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There were no Public Services Department items to consider.
COMMUNITY DEVELOPMENT DEPARTMENT REPORTMIKE GROCHALA
2003 Environmental Board Goals Presentation, Rod Iukonen_- Community Development
Director Grochala explained that each year the Environmental Board sets out its goals for the coming
year and Chairperson Kukonen is in attendance tonight tai present the goals of the Environmental
Board for 2003.
• Mr. Kukonen read the 2003 Environmental Bo r'd goals as follows:
• Promote public education and provideyhandouts available to City Hall on such subjects as
invasive non-native species, where to buy native plants, environmental landscaping, composting,
organic gardening, promoting and precttng wildlife habitat.
• Seek funding and agencies to help witl land acquisition for open space, wildlife habitats,
greenway corridors, and to protect high ecological value areas.
• Seek funding and agencies fo`staffhelp
• Research ways to obtain dedication fees from developments and/or the City to preserve open
space.
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On -Going Goals
• Continue working with the Anoka Conservation District Metro Greenways Program.
• Continue to monitor Peltier Lake.
• Continue to contribute to each City Newsletter
• Continue to work with our elementary and middle schools.
Councilmember Carlson stated she reviewed a copy of the City of Hugo newsletter and learned they
are setting aside part of their park dedication fees for open space. She stated that the City of Blaine
does the same.
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COUNCIL MINUTES OCTOBER 28, 2002
• Councilmember Carlson commended Chairperson Kukonen for his professionalism and hard work,
and for the extra training he took to be a good chair of the Environmental Board.
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Mr. Kukonen reported on a meeting he attended with staff about the Wildlife Corridor Act and
potential for $5 million in funding which is to be made available for certain types of projects. He
stated he thinks Lino Lakes has a good shot at participating in that program to protect high aquatic
value property.
Councilmember Reinert moved to receive and support the 2003 Environmental Board Goals.
Councilmember Dahl seconded the motion.
Motion carried unanimously.
Consider Second Reading of Ordinance No. 12-02, Vacating Ponding Easement, Lot 11, Block
2, Sunset Oaks, 73 Lilac Street (Debra Woods), Tanda Gretz� Associate Planner Gretz explained
that agenda item 7B is the second reading of Ordinance No. 12 0 , which was first approved at the
October 14th City Council. This is an application for the Vacationof a ponding easement area for
Debra Woods, for property located at 73 Lilac Street.
Associate Planner Gretz noted the property contains a 42' by 190' area on the eastern portion of the
property which is identified as a "ponding easement" on the plat maps of Sunset Oaks. This ponding
easement area extends onto the neighboring lot to:the east, as well. In reviewing past documentation,
it appears this easement was dedicated on the plat map in anticipation of a drainage pond being
constructed. However, such a pond was never constructed. The land is level, and according to City
Engineer Studenski there is no drainage to the area. In addition, a portion of the existing septic
system lies within the easement area, thus making it impractical for ponding purposes. As a result,
the City Engineer has deemed the easement area is not needed for drainage purposes, and is in support
of vacating the easement.
Councilmember Carlson mo ed t prove SECOND READING and adopt Ordinance No. 12-02,
Vacating Ponding Easement on Property Located at 73 Lilac Street (Lot 11, Block 2, Sunset Oaks).
Councilmember Dahl seconded the motion.
Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Councilmember Carlson
voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea.
Motion carried unanimously.
Ordinance No. 12-02 can be found in the City Clerk's office.
Consider Resolution No. 02-151 Approving Minor Subdivision, Chavez, Tanda Gretz —
Associate Planner Gretz explained that agenda item 7C is a Minor Subdivision for Ray and Beverly
Chavez for property located at 6207 Laurene Avenue. The property is zoned R-1, residential single
family, and is approximately 2.5 acres in size. The property actually consists of two lots, Lot 1 and 2,
and is proposed to be divided into Parcel A, 2.18 acres in size, which would contain the existing
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house and accessory buildings, and Parcel B, which would be .4 acres in size. She noted that it is the
intention of Mr. Chavez to sell Parcel B to Mr. Dermis Lipoff, who is item 7D on tonight's agenda.
Associate Planner Gretz stated the property is guided Low Density, Unsewered Residential according
to the City's Comprehensive Plan. The existing home had a well and septic system rather than City
sewer and water, and was thus a legal non -conforming for an R-1 zone. However, the applicant has
now connected to City sanitary sewer and water, bring the property into conformity, in anticipation of
this proposed Minor Subdivision. The property is located within the MUSA.
Both proposed lots meet minimum lot size requirements:
• Minimum size for sewered property in an R-1 zone is 10,800.
• Minimum width requirement is 80 feet.
• Minimum depth requirement is 135 feet.
Associate Planner Gretz stated the survey submitted for the property indicates that there are currently
no standard drainage and utility easements on this property. ' As a result, the City would ask for the
dedication of standard side, rear, and front drainage and utility ments as condition of subdivision.
Associated Planner Gretz noted that a previously existing driveway for the existing home ran the
length of the property, to Laurene Avenue, across what is proposed to be Parcel B. It is staff's
understanding that this driveway has now been relocated to White Pine Road.
Associated Planner Gretz stated that overall., as "there are a number of outstanding issues, staff would
recommend approval of the proposed Minor Subdivision only with the following conditions:
1. Since both Parcel A and Parcel B will consist of two lots (Lot 1 & Lot 2), a lot combination form
shall be filed with Anoka County so that each lot will then be identified by a single PIN and exist
as a single tax parcel. -
2. The applicant shall dedicate ' t Crty standard drainage and utility easements along all property
boundaries: 10 feet along front; 5 feet along side and rear.
3. Payment of a park dedicatioree of $1,665, to be paid prior to the recording of the minor
subdivision.
Councilmember O'Donnell asked about the other two conditions of approval identified in the staff
report. Associate Planner Gretz advised that they have already been met.
Councilmember Carlson asked if the home has been connected to sewer and water. Associate Planner
Gretz stated the existing home has been connected.
Councilmember Reinert moved to adopt Resolution No. 02-151, Approving Minor Subdivision for
the Chavez property, located at 6207 Laurene Avenue (Lot 1 and 2, Block 1, Arthur E. Thom Acres),
subject to the three conditions as presented. Councilmember Carlson seconded the motion.
Motion carried unanimously.
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COUNCIL MINUTES OCTOBER 28, 2002
Resolution No. 02-151 can be found in the City Clerk's office.
Consideration of Resolution No. 02-152, Site and Building Plan Review, Lipoff, Tanda Gretz -
Associate Planner Gretz explained that agenda item 7D is a Site Plan Review for a relocated structure,
to be placed on the lot created by the previous agenda item, the Chavez Minor Subdivision. The
applicant is Dennis Lipoff, who plans to move a house previously located in Centerville onto the lot.
The proposed house is 62' by 25', or 1,550 sq. ft. in size. It was previously sited with a tuck -under
garage, but the applicant plans to build a 23' by 33' attached garage onto the house, to create a
rambler -style home.
Associate Planner Gretz stated the proposed site is a corner lot, situated at Laurene Avenue and White
Pine Road. Since both streets, at this location, are shown as Minor Collector streets on the City's
Transportation Plan, the proposed house and garage would have street setbacks of. 40 feet. The
applicant plans to orient the house facing Laurene Avenue, with the driveway letting out to Laurene as
well.
Associate Planner Gretz stated it should be noted for future 'reference, however, that while the house
would face, or front, Laurene Avenue, the front lot line ofthe property is actually identified as that
fronting White Pine Road. This is because, according to definitions outlined in the City Zoning
Ordinance, the front lot line is defined as "the narrowest lot boundary abutting a public street that
meets minimum lot width requirements." Both the proposed house and garage meet all required
setbacks.
There is City sanitary sewer and water available to the site, and the applicant will connect to both.
Associate Planner Gretz stated the proposed building is estimated to be approximately 40 years old,
according to Building Official Pete Kluegel, and structurally sound. The applicant intends to relocate
the house, put on a new roof,andotlhouse and new attached garage with an apron of brick or
stone. In addition, Pete Kluegel reports that the house will need upgrades to plumbing and heating,
which the applicant intends to do. All such matters will be handled as building inspection matters,
through the City permitting process.
Associate Planner Gretz explained that placement of the proposed house appears to meet all site and
lot requirements, as specified under the Lino Lakes Zoning Ordinance. As a result, staff would
recommend approval of the Site Plan with the following conditions:
1. The necessary minor subdivision must be completed and recorded with Anoka County prior to
moving the house onto the lot.
2. All necessary building permits must be pulled.
Councilmember Dahl moved to adopt Resolution No. 02-152, Approving a Site Plan Review for a
Relocated Structure, to be located on the 62XX Block of Laurene Avenue, subject to the two
conditions as presented by staff. Councilmember Carlson seconded the motion.
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COUNCIL MINUTES OCTOBER 28, 2002
Motion carried unanimously.
Resolution No. 02-152 can be found in the City Clerk's office.
Consideration of Resolution No. 02-153, Denying Variance, Brown, Tanda Gretz — Associate
Planner Gretz explained that Mr. Jamie Brown is the owner of property at 442 Main Street, which is
zoned Rural and 2.1 acres in size. Mr. Brown is asking for a Variance from the prohibition of metal
buildings on a property of his size and zone. In addressing accessory structures, Section 3, subdiv.
4.D.8.e of the City Zoning ordinance states : "no metal corrugated siding or roof, except upon tool
sheds less than 150 square feet in area."
Associate Planner Gretz stated it should be noted that Mr. Brown has already constructed the metal
accessory building which is the focus of this Variance application. It should also be noted that Mr.
Brown did not pull a building permit before constructing the building The building is 24' by 36', or
864 sq. ft., in size. Building Official Pete Kluegel noticed the structure`` earlier this spring. Staff then
notified Mr. Brown that such a building was prohibited under City code and that he would have been
advised of that fact during the permitting process if he would;hay.:applied for a building permit.
Associate Planner Gretz stated she sent several letter. .:Brown on this matter over the summer,
advising him that she could see only three ways to resolve the situation:
1. To remove the structure.
2. To bring the structure into compliance this would probably involve siding and roofing
the structure in some fashion.
3. To apply for a Variance.
Associate Planner Gretz stated that while she advised Mr. Brown that staff could not support his
request for a Variance, as there was no hardship demonstrated according to land use criteria, he was
told it was always his option f a�plying for one.
Associate Planner Gretz explained that repeated letters brought no resolution to the situation, and the
matter was handed over to City Attorney Bill Hawkins. After being contacted by Mr. Hawkins, Mr.
Brown contacted her and asked that prosecution of the matter be delayed until he was allowed to
apply for a Variance, which he has now done.
Associate Planner Gretz stated since the metal building that has been constructed is prohibited under
City Ordinance, staff cannot recommend approval of this Variance application.
It was noted that the Planning Commission had a split vote of 5 to recommend denial and one to
recommend approval.
Councilmember Carlson asked the size of the building and if it is within the square footage that is
• allowed so he could just side the building with something other than corrugated metal. Associate
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COUNCIL MINUTES
OCTOBER 28, 2002
• Planner Gretz stated that is a building department matter but she believes it could be done in some
fashion.
•
Councilmember Dahl stated when discussed in the past, she thought the conclusion was that the metal
building was by far cheaper to build than if with siding and a regular roof. She asked if that was true
in this case also. Planning Associate Gretz stated that she has no information on the cost.
Mayor Bergeson stated while that may be true, the City ordinance only addresses construction and not
the cost.
Councilmember Dahl stated that a variance has been requested because he cannot comply with what
is required in the ordinance. She stated she thought the variance process helped citizens out of a tight
situation and that is why they were sometimes granted.
Mayor Bergeson asked if metal siding is prohibited and if metal r'oofing.s also prohibited.
Associate Planner Gretz stated it is prohibited in this zoning district:
Jamie Brown, applicant, stated the existing building is 24'''t24' and was constructed to replace a
dilapidated 12' by 12' shed with 6 feet of awning around it He stated he was willing to take down
that dilapidated shed when this new one was constrtt. He stated he thinks it looks better now than
it did before and asked if he could take the tin down and put up plywood and barn wood. Mr. Brown
stated the idea was to improve the property, not love tax value. He stated he thinks his property
looks better than Oakdale does where there are houses sitting 50 feet from each other.
Councilmember Dahl stated the City is reviewing ordinances and asked if consideration is being
ln
given, in the future, to reconsider theaterials used on pole barns or sheds.
Community Development Director Grochala stated accessory buildings have been discussed although
the material types are not proposed to be changed since there has not been an issue with that
requirement up to this point.
Councilmember Dahl stated she remembers a past variance to allow a metal building when that
gentleman proved it was far cheaper to use metal.
Councilmember Reinert asked what the outcome would be if this request is denied.
Associate Planner Gretz stated if it is denied the issue would go back to the City Attorney for
prosecution.
Councilmember Dahl asked what the recommendation would be.
Associate Planner Gretz stated the City would look for the building to be taken down or brought into
compliance with the City Code.
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COUNCIL MINUTES OCTOBER 28, 2002
Councilmember Reinert stated this building was constructed without a building permit and now the
City has to deal with it. He stated he does not want to see it torn down because he did not apply for a
building permit but now the Council must find a solution for the problem created when a building
permit was not pulled. He stated he would love to have a pole barn and asked if an exterior siding
material can be considered.
Associate Planner Gretz stated the ordinance says no metal sides or roofs of this size in this district.
The options are to remove the building, bring it into Code compliance by changing the siding and
roofing, or to receive a variance.
Councilmember Carlson asked how siding and roofing could be put on the pole building after
construction. She stated the variance would allow the applicant to not have to avoid changing the
siding and roofing.
Councilmember Dahl asked if anyone in the neighborhood has complained and if the building is an
eyesore or is constructed of new materials.
Associate Planner Gretz stated this matter was brought to sta y Building Inspector Kluegel and she
is not aware of other neighborhood complaints. She stated the building materials appear to be new
but it is not known since a building permit was not pulled
Councilmember Carlson stated the August 5, 2002 letter: sent to Mr. Brown allowed him ten days to
bring the building into compliance with the City's ordinance. However that does not seem to be a
long enough time period to make the changes that would be needed to come into compliance.
Associate Planner Gretz explained that correspondence has been ongoing since April of 2002 and that
was the final correspondence. She stated aft '' applicant chose to bring the building into compliance,
staff would definitely work with hien.
Councilmember Reinert noted the.Council!s actions set precedents and if a variance is considered
after the building is constructed, it somewhat gives a "green light" to others to construct first and then
ask for a variance. He noted the.Council has always worked with residents on their projects and to
get their goals accomplished within the City's parameters.
Councilmember Reinert stated he does not want to consider a variance but also does not want to
require the building to be torn down. He asked if there was urgency for a decision tonight or if it
could be discussed at a work session.
City Attorney Sullivan asked when the application was made. Associate Planner Gretz stated the
application was dated about September 10th and the City can extend consideration by 60 days.
Councilmember Reinert stated he would like to know what it would cost to bring the building up to
Code and if prohibitive he may consider a variance action.
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COUNCIL MINUTES
OCTOBER 28, 2002
Councilmember Carlson stated the previous variance was for a 4.1 acre parcel when the requirement
was for a five acre parcel. She stated she thought this request was too much of a deviation from 5
acres and with the last variance she was the only Councilmember to vote against that variance. She
noted this is on a two acre lot and the Council must ask what is reasonable. She stated this is a large
variance and by ordinance, a consideration cannot be just a matter of cost.
Mayor Bergeson noted the Code refers to "hardship," however, that does not relate to financial
hardship.
Councilmember Carlson stated if changed from five acres to two acres it will open a whole range of
properties that can apply for the same thing. She stated that two acres is not a very large piece of
property for a metal building of this size.
Councilmember O'Donnell stated that while he agrees with Councilmember Carlson's comments, he
also agrees with Councilmember Reinert's suggestion to tableconsideration to a work session. He
noted there are options to bring this building into compliance anche would like to discuss those
options further with the applicant before taking action.
Councilmember Dahl moved to table consideration of Resolution No. 02-153, Variance for the
Construction of a Metal Accessory Building for Property Located at 442 Main Street, to the
November 6, 2002 Work Session to attempt a compromise and to the November 12, 2002 Council
meeting for action. Councilmember Reinert seconded the motion.
Motion carried 4-1, Mayor Bergeson opposed.
Public Hearing, Elm Street Reconstruction Project, Consideration of Resolution No. 02-154,
Authorizing Preparation of Plans and SPecifications, Jim Studenski — City Engineer Studenski
explained that due to the deteriorating condition of Elm Street between Sunset Road and Gray Heron
Drive, the Council ordered a feasibility study for the reconstruction of the street. This segment of
roadway is designated as a Municipal State;Aid (MSA) street and serves as a minor collector within
the City's Comprehensive Transportation Plan. In addition, some properties adjacent to and beyond
Elm Street do not have access to; sanitary sewer or water.
City Engineer Studenski advised that the street reconstruction portion of the project will be funded
mostly through MSA. Sanitary sewer and watermain will be mostly funded through assessments. He
explained that several neighborhood meetings have been held. He stated that a presentation will be
made and then questions entertained.
Scott Brink, TKDA, stated this project involves major infrastructure for the road, sanitary sewer,
water, storm sewer drainage, and other considerations such as private utilities, and bicycle and
pedestrian safety.
Mr. Brink, TKDA, presented the project timetable as follows:
Neighborhood Meeting
18
September 16, 2002
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COUNCIL MINUTES OCTOBER 28, 2002
City Council Receives Feasibility Report
and Orders Public Hearing
Publish Public Hearing Notice in Official Newspaper
Neighborhood Meeting
City Council Holds Public Hearing
City Council Orders the Preparation of Street and Storm Plans and
Specifications, and Declares Intent to Bond
Eminent Domain Proceeding (if necessary)
60 -Day Comment Period Ends
City Council Reviews Sanitary and Watermain Projects
Engineer Submits Plans to City Council for Approval and
Receives Authorization to Advertise for Bids
Advertise in Official Newspaper (Quad Cities Press)
Advertise in Construction Bulletin
Open Bids
City Council Hold Assessment Hearing
City Council Receives Bids and Awards Contract
Contractor Begins Construction
Contractor Completes Construction
September 23, 2002
October 1, 2002
October, 2002
October 28, 2002
October 28, 2002
December, 2002
December 27, 2002
January 13, 2003
January 27, 2003
February 5, 2003 and
February 12, 2003
January 31, 2003 and
February 7, 2003
March 4, 2003
March 10, 2003
April 14, 2003
May 1, 2003
August 15, 2003
Mr. Brink stated that if approved, the City must, allow 6f0 days to lapse following the public hearing
before any further action can be taken on the sanity sewer and watermain portion of the proposed
project as required by the City Charter.
Mr. Brink stated the length of the praj
ut a mile and a half. He presented a cross section of
the project starting at the east end of the project.The street width would be 32 feet and a good share
of the cost would be covereby State Aid funds but then it must be constructed to the State's
standards for width of road, is ci'o lent on the speed of the traffic, and whether parking is allowed.
He stated some streets in Lino "Ake are wider than 32 feet but this is typical of Ware Road.
Mr. Brink noted the north side matches the existing north side of the road now. Concrete curb and
gutter would be installed to maintain the structural integrity of the roadway and provide drainage. A
pedestrian trailway is included and sometimes is as far as 30 feet from the roadway surface. He noted
that this is a very preliminary design to provide an idea of what is proposed and obtain an estimate.
However once more details and elevations are known, the final design will be created.
Mr. Brink reviewed the western half of the project, noting the additional pathway located on the south
side. He stated the exact location will depend on the width of the roadway.
Mr. Brink next addressed the utilities. With regard to the sanitary sewer, he stated on the north side
of the east end, generally the properties do not have sanitary sewer connections at this time. The
project would connect to an existing sanitary sewer. Mr. Brink stated the properties on the south side
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COUNCIL MINUTES OCTOBER 28, 2002
• generally have sewer service on the corner lots from the side streets. He explained how sewer would
be extended into that area to provide service.
Mr. Brink stated that the west end has sanitary sewer in front of the Willow Ponds development so
very little sanitary sewermain would be added. He suggested that extensions be provided to those
properties that are not currently served by sanitary sewer.
Mr. Brink stated that watermain will require the least amount of work as most of the roadway is
already served by an existing 12 -inch diameter watermain on the south side of the road from Gray
Heron Drive almost to Mourning Dove Road. The project would extend service to the properties on
the north side to provide water service.
Mr. Brink stated part of the reason the utility work is being proposed is that this is an ideal time to do
so since the road is being torn out and reconstructed.
Mr. Brink then presented the storm drainage project which he explained`` is the most challenging from
an engineering standpoint because the land is so flat with few' importunities to connect the storm
sewer. He stated that the drainage in this area is poor, as ias beenseen during the recent rainfalls.
Mr. Brink noted the connection point on Second Avenue t;:location it must be extended. He
pointed out the area of a proposed storm water detention pond and advised that the property owner
has indicated a willingness to talk about that option.
Mr. Brink noted a similar situation on the other end of the project and location of existing ponds
behind the development. He stated that th ca acily of those ponds will need to be determined.
Mr. Brink stated the estimated cost oftl a proj et is $2.5 million and offered to answer questions.
Councilmember Carlson stated about a year ago there were meetings about traffic calming and this
report gives no information on traffic calming.
City Engineer Studenski stated the Council did authorize the traffic study and staff has received that
data which has just been compiled. He advised that data indicated there is fairly minimal speeding
and characterized it as being at the start of and end of the school day. He explained that a width of 32
feet would provide for no parking on Elm Street and the landscaping will also be addressed further
with the plans and specifications as well as highlighting the pedestrian crossing areas with colors,
change in pavement, and possibly be slightly raised. City Engineer Studenski stated that policing is
an issue that can also be discussed and there will be additional meetings on these issues. He
explained that the level of detail will be worked on as neighborhood meetings are held and the plans
are worked on.
Councilmember Carlson asked staff to keep the Council aware of neighborhood meeting dates. She
stated she would like to hear more about traffic calming options as well.
• City Engineer Studenski stated staff will keep the Council informed.
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COUNCIL MINUTES OCTOBER 28, 2002
Mayor Bergeson opened the public hearing at 8:35 p.m.
John Landers, 7181 Sunrise Drive, stated he has a number of concerns. He stated he was unable to
attend previous neighborhood meetings due to his schedule. Mr. Landers stated in his situation, his
garage is too close to the street according to the setbacks and was built 25 to 30 years ago with a
variance. He explained that the end of the garage is 29 feet away from the blacktop and after this
project with a 32 foot wide road, the garage will be within Elm Street. He stated that he would have
no driveway left and asked the Council to consider some practicality. Mr. Landers stated he prepared
a letter to not be assessed since he is unable to attend any future meetings due to scheduled surgery.
City Engineer Studenski stated they met on Friday and these items have been red flagged. He stated
the improvements are confined within the current right-of-way so it does not impact any parcel with
regard to the need to remove or relocate a building. The street location has been approximated at
roughly six to eight feet and that will be fine-tuned through the plans°andl specifications and it could
be shifted somewhat. The utility locations are not expected to create an adverse situation on any
property that cannot be dealt with in the design.
Councilmember Carlson noted the trail in this area is on the north side of the road. Mr. Landers
stated it was discussed to put a trail on the south side well
City Engineer Studenski stated portions are currently on the north side and the south side. He
explained that the Comprehensive Trail and Park Plan -projects a trail on both the north and south
sides at some future time. At this time, the disturbed trail would be repaired and extended on the
south side to address safety of pedestrians-.`' e explained that for the most part the trail would only be
on one side of the street.
Community Development Director Grochala stated that on the west end of Elm Street, the existing
trail is on the north side. Then it jumps to the south side and the majority of the current trail is on the
south side of the road. As proposed, the plan would be to complete the trail on the south side of the
road. He presented a plan thatdentifed the location of the trail, noting that Mr. Landers' garage is
three to four feet off the right-of-way. He stated that this issue can be addressed further as the plans
are refined.
City Engineer Studenski stated the Landers garage is within three to five feet from the right-of-way
and these are preliminary numbers and measurements.
Mr. Landers stated he is unable to attend future meetings and asked where it stands and if his garage
will be knocked down. City Engineer Studenski stated staff is aware of Mr. Landers' situation and if
approved tonight he will contact Mr. Landers and stay in touch with him throughout the process. He
stated it will take several months to get to the final plans and specifications.
Mayor Bergeson asked Mr. Landers to leave a telephone number of times he would be available or to
• call in and check on progress. Mr. Landers stated he will do so.
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COUNCIL MINUTES OCTOBER 28, 2002
410 Richard Fenno, 7172 Rice Lake Drive, stated his concern is with the preliminary assessment roll. He
noted his street address is identified incorrectly and indicates about $17,000 for sewer and water.
•
•
City Engineer Studenski stated there are parcels on Elm Street that can be subdivided and utilities will
provide for that possibility. He explained there may be such cases where an assessment would be
deferred until connection is actually made.
Mr. Fenno asked if selling his house would trigger the assessment. City Engineer Studenski stated it
would not but if the lot is subdivided it would trigger the assessment.
Mr. Fenno stated the road is proposed to be put to the south along with relocation of the path, utility
poles, and fire hydrants. He asked if there is a reason to place all of that on the south side since a path
may be on the north side eventually. Mr. Fenno asked if the trail can be vacated on the south side and
placed on the north side now.
City Engineer Studenski stated the road is currently not within the;middle of the right-of-way and the
proposal is to bring it more in compliance with the center of the right-of-way.
Councilmember Reinert noted the addresses of other properties that would be assessed at a future
time. City Engineer Studenski stated that is correct.
Anita Fenno, 7172 Rice Lake Drive, noted that 51'3/4 of the residents being affected have to approve
f 3
the project before it moves forward.
Mayor Bergeson stated staff will present more details on that after the public hearing.
Ms. Fenno asked if dewatering will n be lone as part of the project that could cause their wells
to go dry. She also asked what recourse they would have should that occur.
Mr. Brinks stated typically the contractor, if doing dewatering, needs to get a permit from the DNR.
They would identify where a well is, depth of well, etc, and provide that information to the DNR to
assure that well is not impacted by the dewatering process.
Ms. Fenno asked if they would have to connect if their well went dry. Mr. Brinks stated the
contractor would be licensed and bonded and should that happen, the contractor could be sued to
cover the cost. He stated that there are preliminary soil borings and generally it is good sandy soil but
places that may require dewatering are the sanitary sewer locations in excess of 25 feet in depth where
it connects.
Cristine Schneider, 23 Elm Street, stated she disagrees with the street assessment. She stated she
thinks telling people the speed limit only tells them the speed they are traveling at that moment. With
regard to traffic speeds on Elm Street, she stated she has witnessed a head-on collision, and thinks 35
mph is much too fast. She stated she has children and many drivers do not even notice the pedestrian
signs. She stated her agreement with Councilmember Carlson about the need for landscaping and
pedestrian crossings to assure their safety. She stated she has seen cars that pay no attention to the
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COUNCIL MINUTES OCTOBER 28, 2002
pedestrian signs and believes the speed should be reduced to 30 mph. Ms. Schneider offered to work
towards getting it reduced if told what is needed. She also stated her support to make the pedestrian
crossings more evident.
Bobbie Killey, 271 Elm Street, stated his support for this project since the road is in terrible
condition. He stated he was shocked when he saw the preliminary assessment and doubts having
sanitary sewer will raise his property value by that much. He asked if the construction estimates are
based on current costs.
City Engineer Studenski stated the costs are related to construction now and the previous line served
subdivisions in the area. He explained that the benefit of the utilities is paid by the benefiting
properties. The dollar amount of the assessment is the cost being incurred for the project and is
passed on to the benefiting properties.
Mr. Killey stated when the waterline was put in, it was paid for 10 years ago and asked if there would
be a reimbursement for those receiving that benefit now. He stated,that he objects to being assessed
for another new waterline when he is not getting it.
Mr. Killey asked if the road will be lowered and if so, by how much. City Engineer Studenski stated
the street elevation is expected to be somewhat lowered due to installation of curb and gutter to get
the drainage to work. The specifics of the elevations are not known at this time but it is envisioned
that grades will be at a minimum, half a percent up or down, in that stretch.
Mayor Bergeson stated the feasibility report will provide more detailed elevations.
Mr. Killey asked if, based on the proposer assessments, citizens have the ability to vote on whether or
not the sewer and water improvementswi1 gxn.,, He also asked if there is consideration on the
easements. Mr. Killey stated he does not support $19,000 per lot and asked if there is room to move.
Mayor Bergeson stated staff will outline the petition process and whether sewer and water are
installed will depend on the people who live on that street. He stated there is a window of
opportunity for State funding on :the streets to bring that assessment down to a fairly low amount so
he would like to move forward with the street project. However, there is a question, since the ground
will be torn up, whether water and sewer should be installed too. He stated that will ultimately be
decided by the property owners.
Richard Carlson, 321 Elm Street, stated he did not make it to the two informational meetings but
thinks the only thing mentioned in these letters was road reconstruction. He stated there has been talk
about updating Elm Street for ten years and he supports that. Then the letter for tonight's meeting
mentioned a $19,000 cost for utilities. He stated he did not know anything about the proposed water,
sewer, and storm drain improvements. Mr. Carlson stated he already has water, sewer, and only a
patch of his front lawn retains water, about an inch deep, before it dries out. He stated that water
pond is not a big deal to him and wondered why or who decided he needed these other improvements.
23
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COUNCIL MINUTES
OCTOBER 28, 2002
Mayor Bergeson stated there are two sewer systems, a storm sewer that would be part of the road
construction and will be put in place if the road is reconstructed. The other sewer is the sanitary
sewer and that decision has not yet been made.
Kathy Carlson, 321 Elm Street, stated she is concerned about the number of times it has been said
"that has not been figured out or is not known." She stated she heard Councilmember Carlson talk
about landscaping or curbing but she is concerned it will end up being a straight, faster, runway that
will turn into a racetrack. She stated that will happen without curves, landscaping, or a speed bump
by the school. Ms. Carlson stated there are modest homes along Elm Street and she doubts those
property values would increase by $19,000 with the utilities.
Mr. Landers stated he is concerned that four of the homes are connected to sewer but are not being
proposed to be assessed anything. He asked why they wouldn't beassessed for the street. City
Engineer Studenski explained that everyone that connects to utilities would be assessed as well as
anyone with access to Elm Street would be assessed for stormsewer and street. The parcels
mentioned by Mr. Landers do not front to Elm Street.
Mr. Landers stated they still use Elm Street. City Engineer Studenski explained that it is the City's
policy to assess if fronting on the street.
Nancy Turbeville, 341 Elm Street, stated the people with larger lots are being assessed the same
amount. City Engineer Studenski explained the use of the street is being defined that a resident uses
the road the same whether having a 100 foot or 80 foot lot so everyone is assessed equally for the road
assessment.
Ms. Turbeville stated where she lived before you were assessed by the front foot, not by a unit fee.
She stated she lives next to the school and after school hours and on weekends it is a race track and
she believes an officer is needed morning and evening. She stated that something needs to be done
about that since they are squealing tires and it is a race track.
Jeff Riedy, 302 Elm Street, stated that all know that Elm Street needs to be redone and it seems the
argument is how much residentspays, how much the City gets as reimbursement from the State, and
the time frame to pay back the assessments. He stated staff has done a good job and suggested
meetings be scheduled where residents can provide input on how it will be designed. He stated if Elm
Street meanders, maybe Mr. Landers' garage problem can be resolved He stated by his house he and
his neighbor will loose a chunk of their front yard to allow for widening of the road. Mr. Riedy stated
that the residents need to get more information about where the numbers are coming from and what
the costs will be. He stated they need to define if it is worth doing and he thinks it is a good time to
do it while the road is already torn up.
Mr. Riedy stated he works in real estate and knows this is one of the hottest areas in the country and
that it will attract a lot of kids. He stated that realistically, residents need to determine when to "bite
the bullet" and make this improvement. He noted that costs will continue to increase. He asked for
clarification on where the numbers are coming from so they can better understand. He stated this is
24
COUNCIL MINUTES OCTOBER 28, 2002
• the resident's house, resident's neighborhood, and resident's taxes and asked that the neighborhood
be able to provide input to create a project that fits their budget.
•
•
Mayor Bergeson explained that the State has road specifications and standards that are narrow in
scope if you are using their funds.
Mr. Brinks stated there is flexibility on the width of the road based on speed and parking. He stated
that centering the roadway within the right-of-way is ideal and he is unsure if meandering the roadway
is an option due to State specifications to meet design speeds.
John Johnson, 261 Elm Street, stated Rice Lake Drive is across from his property. H stated that
concern has been expressed about the speed on the road but he does not think there is a speeding
problem. However, he does not live by the school. He stated that people who want to lower the
speed should look at how fast they are driving right now. He stated that to meander the road
alignment may create more safety hazards, especially in the winter time. Mr. Johnson stated his main
concern is with the road, he has no problem with the traffic, and thinks h e is lucky to live on a street
with two schools and a church since it is one of the first to get `plowed uand sanded.
Ms. Fenno noted that the sanitary sewer and water assessment does not cover the cost to bring it to the
house or cover the cost of the work needed in your basement
Mayor Bergeson asked City Staff to comment on the petition process.
Community Development Director Grochala stated there is a process needed for any public
improvement process and this project will not be approved tonight. He explained that the purpose of
the meeting tonight is to get out the information to impacted property owners and the Council is being
asked to initiate the preparation of plans nd specifications for the project. He stated tonight a draft
plan has been presented and the Citi hartcr provides that after the meeting there is a period of 60
days for property owners to be assesse. o etition against the project and proposed assessments.
Community Development Director Grochala stated that period of time is 60 days for the City to
receive a petition by 51% of the properties to be assessed petitioning against the assessment in its
entirety or in part. If that is received, the City cannot move forward with the assessments. That
means the project is not done or part of the project is pulled out. He stated per the Charter, residents
have a period of 60 days to petition against the improvements for the project.
Mayor Bergeson asked if anyone else wants to speak.
A resident indicated that bothers him even more since it means the residents either have to "eat" the
$19,000 or go against it. He stated this process does not allow residents to dispute the numbers.
Community Development Director Grochala stated there is a cost to do the project and in the event
people do not want to be assessed, the only other alternative is for the City to carry that cost and while
that has been done with previous projects, it is not known if that is an option at this time. He stated
also involved is the Statute 429 process that gives the City the authority to certify special assessments.
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COUNCIL MINUTES OCTOBER 28, 2002
If the project does more forward with the improvement project, then the City would hold an
assessment hearing and the actual dollar amount would be levied against their property. He stated they
hope the estimate used tonight is a high estimate. At that assessment hearing, the Council would
review the final costs and property owners would have time to make comment and could follow a
process to appeal the assessments even through the District Court if it is felt the amount of the
assessment exceeds the benefit to the property. He reviewed the steps that would be taken should the
project proceed.
A resident referred to a different improvement project and asked how close the preliminary costs for
that project were to the actual cost. Mayor Bergeson stated that project was not typical because the
utility was located on private property and a grant was involved as well.
Councilmember Carlson stated that a $125,000 Community Development Block Grant was received
for that project and it was scaled back. She noted that the City cannot assess beyond the benefit to the
property.
A resident stated if the City can show that his property value would increase by $19,000, it would
increase his asset and he would support the project.
Mayor Bergeson stated that the number may change, but it would not be reduced by half and may not
be low enough to gain resident support.
Scott Bockwell stated he owns property in this rca and asked if there is an ordinance to allow Elm
Street residents to fix their septic tank if they are having problems. He stated he has to install a
mound system on his one acre property. Ile staid it is great if they are not having a problem with
their septic tank but if they do have probletns inEa few years and there is no sanitary sewer available
they will have a problem. He asked that the Cty provide information on what their options would be
and also what it would cost to instat a new well and septic system.
City Engineer Studenski stated 1 f the residents decide to go forward, it is scheduled to occur during
the summer of 2003 and assess ents'would be put on the 2004 taxes or residents could pay it off and
do the financing as they choose.'e stated there would be no cost in 2002 or 2003 unless they choose
to pay it off. The City would put it on a 15 -year payoff at a 7% interest rate.
Mr. Landers presented the City with his letter of objection to this project.
Mr. Fenno asked if the petitions need to be individual or by a group. Mayor Bergeson stated it can be
either and suggested they talk with City staff to assure the correct wording is used.
Community Development Director Grochala stated that there can only be one signature per property
on the petition.
Councilmember Carlson stated the next step is to close the public hearing and order preparation of
plans and specifications. She asked if that would also result in approving the assessments. City
Engineer Studenski stated it would not.
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COUNCIL MINUTES OCTOBER 28, 2002
No one else appeared to address this item.
Councilmember Dahl moved to close the public hearing at 9:38 p.m. Councilmember Carlson
seconded the motion.
Motion carried unanimously.
Councilmember Reinert moved to adopt Resolution No. 02-154, Authorizing the Preparation of Plans
and Specifications, Elm Street Reconstruction of Street and Storm Sewer Project. Councilmember
Dahl seconded the motion.
Councilmember Carlson asked if the street reconstruction and stormwater improvements cost is
$1,336,000 and the amount to be assessed is $84,200 or $3,000 per lot. She stated she has no
problem with that but is concerned about the amount of $19,000 since there are many modest homes
on that street. She read language from the League of Minnesota Cities regarding the level of
assessment that can be levied. She stated it is the duty of the City to assure they do not exceed the
value of the property and she believes the reports from the League support that.
Councilmember Carlson read additional language from the ague relating to the City's duty at the
special assessment hearing and asked if the City has assured that the proposed assessment does not
exceed the added value to the property.
Community Development Director Grochala explained that has not been done at this point in time
and more detail is needed before incurnn that cost. He stated that there is some right-of-way that
will need to be acquired and an appraiserill need to be hired to determine the benefit to the property
owners. He stated that the question=;wathat the residents may not support the level of
assessment but if the appraisal indicans the benefit is only $10,000 then staff would probably
recommend not proceeding th that part of the improvement since the City does not have a fund to
absorb that type of cost.
Councilmember Carlson suggested the City look at a way to fund the difference between what the
property increases in value and the project costs. She noted the Council approved a change in the
policy at the last meeting where an individual would have been assessed $95,000 but half was
forgiven since it was not charged for surface water management.
Community Development Director Grochala clarified that it was not forgiven, but only deferred and
will have to be paid in the future.
Councilmember Carlson stated staff has talked about buying right-of-way but if there is a mortgage
on the home the money paid for the right-of-way may go to the mortgage company rather than the
individual.
City Attorney Sullivan stated his opinion that would vary depending on who has property rights.
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COUNCIL MINUTES
OCTOBER 28, 2002
Councilmember Reinert commented on traffic calming and asked if Second Avenue could have a
four-way stop. He also asked when that option could be considered to see if it would help with traffic
calming. Councilmember Reinert stated that location is by the church and he thinks cars would not
travel too fast since they know a stop sign would be there so it would result in traffic calming.
Motion carried unanimously.
Resolution No. 02-154 can be found in the City Clerk's office.
Mayor Bergeson called for a brief recess at 9:48 p.m. The meeting was reconvened at 10:00 p.m.
Public Hearing, 62"d Street Reconstruction Project, Consideration of Resolution No. 02-155,
Authorizing Preparation of Plans and Specifications, Jim Studenski — City Engineer Studenski
explained that due to the continued development and growth oltarea increasing the traffic on this
roadway and the deteriorating condition of 62nd Street between Ware Road and Red Maple Lane, the
Council ordered a feasibility study for the reconstruction of the street. This segment of roadway is
designated as a Municipal State Aid (MSA) street and serves a minor collector within the City's
Comprehensive Transportation Plan. In addition, some properties adjacent to and beyond 62nd Street
do not have access to sanitary sewer or water.
City Engineer Studenski stated the street reconstruct i -portion of the project will be funded mostly
through MSA. Sanitary sewer and watermain will be mostly funded through assessments. The City
has received a petition from the residents to exempt them from any road assessments and a petition to
install sanitary sewer and water with the street r%onstruction.
City Engineer Studenski stated currently the south side of 62nd Avenue is outside the MUSA so if it
goes forward, additional items would have. to be addressed through a Comprehensive Plan revision.
Scott Brink, TKDA, presented the projcc timetable as follows:
City Council receives Feasibility Deport
and Orders Public Hearing
Publish Public Hearing Notice in Official Newspaper
Neighborhood Meeting
City Council Holds Public Hearing
City Council Orders the Preparation of Street and Storm Plans and
Specifications, and Declares Intent to Bond
Eminent Domain Proceeding (if necessary)
60 -Day Comment Period Ends
City Council Reviews Sanitary and Watermain Projects
Engineer Submits Plans to City Council for Approval and
Receives Authorization to Advertise for Bids
Advertise in Official Newspaper (Quad Cities Press)
Advertise in Construction Bulletin
28
September 23, 2002
October 1, 2002
October, 2002
October 28, 2002
October 28, 2002
December, 2002
December 27, 2002
January 13, 2003
January 27, 2003
February 5, 2003 and
February 12, 2003
January 31, 2003 and
•
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COUNCIL MINUTES OCTOBER 28, 2002
Open Bids
City Council Hold Assessment Hearing
City Council Receives Bids and Awards Contract
Contractor Begins Construction
Contractor Completes Construction
February 7, 2003
March 4, 2003
March 10, 2003
April 14, 2003
May 1, 2003
August 15, 2003
Mr. Brink presented a map depicting the project area. He explained that most of the street is not
served by sanitary sewer and water so it has fairly the same costs even though it is a bit shorter in
length. He stated another difference is there is significantly more right-of-way access that contributes
to the cost. He identified existing and proposed right-of-way lines and proposed areas where
additional right-of-way is needed to obtain a consistent 66 feet of width.
Mr. Brink presented the cross section diagram and stated they will, dp their best to center the roadway
within the right-of-way. He noted that a temporary trailway was cons cted along this roadway and
this project would construct a permanent 8.5 foot trailway. A width 046 feet is being proposed since
the posted speed limit is 45 mph and the State Aid requirements' are alittle higher. He stated there is
some flexibility in the street width.
Mr. Brink reviewed the project starting on the westerly edge noting the street is generally 23 feet in
width. A four foot separation between the road and path is being proposed. He noted the centerline is
about four feet south of the center line to get both the roadway and path centered in the right-of-way.
He stated another reason for doing that is a garage that is located close to the right-of-way line. Mr.
Brink stated these issues will be worked on with the individual property owners as the final design is
addressed.
Mr. Brink presented the sanitary sewer praject, noting the few connection points that are available.
He diagrammed the alignment and locations of extension to pick up the rest of the properties.
Mr. Brink presented the watermain projcct. noting the location of existing watermain and the gap
from Hollow Lane to West Shadow Lake Lane that does not have watermain. He stated that the
watermain would be extended into that area and easterly to pick up those properties.
Mr. Brink stated the storm sewer project needs to be extended and the area is fairly flat. He stated
they would also propose some stormwater detention areas which will have to be reviewed by the Rice
Creek Watershed District. He stated the total project cost is $2.3 million and offered to answer
questions.
Councilmember Carlson asked about the status of the petitions to not pay the road portion and sewer
and water installation.
City Engineer Studenski stated the petitions had a number of double signatures for husband and wife
and parcels that are owned by one resident. He stated the total is a two-thirds petition for the sanitary
sewer and two-thirds against the street and stormsewer based on the assessed parcels.
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COUNCIL MINUTES OCTOBER 28, 2002
Mayor Bergeson opened the public hearing at 10:15 p.m.
Wayne Junes, 599 62nd Street, submitted a letter indicating the method of assessing on a front
footage basis is unfair for his property since it does not remove unassessable areas from the
calculations. He asked how a wetland benefits from sanitary sewer and watermain. He also asked if
the City completed a pre -appraisal of the land to ensure that all properties now benefit from this
proposed improvement. He suggested the method of assessment be changed to a lot unit basis. Mr.
Junes stated their property is being assessed for 560 feet of front footage when their land has only one
lot unit of approximately 120 feet of upland.
Mayor Bergeson asked Mr. Junes to identify his parcel on the project map. Mr. Junes complied.
City Engineer Studenski stated this was set up on a front footage basis and staff will have to review if
there are specific considerations on individual lots if there are is that would affect that and deem
the lot not being buildable. He stated that will be addressed further through this process.
Mr. Junes stated that with a wider road, the speed of vehicles tends to increase.
Mr. Brinks explained this goes back to the State Aid standards based on the width. He advised of the
road widths depending on whether parking is allowed ono . , both, or neither side. He stated that to
change the speed limit, the State would have to conduct a speed study. As presented, the width
provides for parking on both sides.
Mr. Junes asked if the assessment is based on a six inch or twelve inch trunk. City Engineer
Studenski stated the assessments are just,f thestandard eight inch water main and an eight inch
sanitary sewer. Additional costs will be picked up by the City through their trunk charges when they
have to be increased.
Mr. Junes asked if State Aid will be picking up the right-of-way costs. City Engineer Studenski
answered in the affirmative. ._
Rosemary Williams, 498 62nd Street, stated her concern that her trees not be impacted by this project.
She stated that on the sewer and water, she got 17 out of 18 signatures for the sewer and water to go
in the time the road is improved so the road does not need to be dug up twice. She stated 17 out of 18
people were against the road charges and they don't think they should have to pay for storm sewer and
it should be funded from State Aid funds. She stated many use this road and they should not have to
pay for all of it.
Marvin Emly, 590 62nd Street, stated he is not against the project but opposes the trail on 62nd Street.
He suggested the existing trail be extended to the park and West Shadow Lake instead of on 62nd
Street. Mr. Emly asked what the elevation would be.
City Engineer Studenski stated it will be similar to the current elevation and with curb and gutter
there is a potential to have it a little lower. That level of detail will be addressed in the final
specifications.
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COUNCIL MINUTES
OCTOBER 28, 2002
Mr. Emly stated he wants to plant his own yard and asked when the silt fence will be removed from
62nd Street. City Engineer Studenski noted this on the work list.
Jean Singerhouse, 6201 South Glen Trail, stated she is not being assessed but has questions about the
right-of-way.
City Engineer Studenski stated the right-of-way needed for 62nd Avenue was already obtained and
none will be required from the new subdivisions that have been approved. The improvements will fit
into the existing right-of-way.
Councilmember Reinert asked about the project impact on the north end of her property. Mr. Brinks
presented the cross section and stated the proposed roadway and existing edge of the roadway align
fairly closely on the north side. He stated the eight foot trail would
.be separated from the curb by
about four feet. Mr. Brinks noted the need for placement of other utilities as well.
Ms. Singerhouse asked why parking is being allowed on 62nd Street. City Engineer Studenski
explained that is just one of the items in the Transportation Flan This is a minor collector and called
out as a 36 -foot roadway. He stated it also deals with State Aid requirements and other safety issues.
Julie Fanum, 6205 Red Maple Lane, stated she is orihe corner and asked if she would be assessed
twice. City Engineer Studenski stated the utilities are proposed to be serviced off 62nd Street so they
IDwould be assessed for the sanitary sewer and water ' hi Fanum's frontage is not on 62nd Street so
they would not be assessed for street and stormseer. However, if Red Maple Lane is improved, then
they would front the road improvements and be assessed for the street and stormsewer improvement.
•
Gale Munson, 707 62nd Street, stated her concern that it is extravagant to have a four -foot boulevard
and 8.5 -foot bike path. She stated this would take 13 feet of their front yard which would be a
significant part of their driveway. She stated they have teenage children who have friends with cars
so they need parking space 111 their driveway.
Mr. Junes asked if 28 feet is wide enough for a State Aid road. City Engineer Studenski stated it is if
there is no parking. Mr. Junes stated his support for a 28 -foot wide road since no one parks there
now.
John Teschendorf, 6208 Hollow Lane, stated he also supports a 28 -foot roadway. He stated he drives
Ware Road and never sees anyone parked there.
Becky Keller, 6206 Red Maple Lane, stated she is not part of this but would like City sewer and water
extended to their home.
No one else appeared to address this item.
Councilmember Reinert moved to close the public hearing at 10:37 p.m. Councilmember Dahl
seconded the motion.
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COUNCIL MINUTES OCTOBER 28, 2002
Motion carried unanimously.
Councilmember Reinert moved to adopt Resolution No. 02-155, Authorizing the Preparation of Plans
and Specifications, 62°a Street Reconstruction of Street and Storm Sewer Project. Councilmember
O'Donnell seconded the motion.
Motion carried unanimously.
Councilmember Carlson stated there seems to be some outstanding issues and suggested another
neighborhood meeting. City Engineer Studenski stated it is part of their schedule to hold another
neighborhood meeting.
Resolution No. 02-155 can be found in the City Clerk's office.
Public Hearings, Consideration of Adopting Assessments fpr Improvement Project, Jim
Studenski — City Engineer Studenski noted the projects involve Lake Drive/Apollo Drive, Clearwater
Creek 5th Addition, Royal Pines, Raske Building Systems, and individual properties which have
requested connection to City utilities. He explained that on September 23, 2002 the Council set the
public hearings for the proposed assessments on these projects for October 28, 2002. All necessary
notices have been mailed to affected property owners indicating the amount of the assessment and the
date of the hearing.
City Engineer Studenski stated the projects involved are either subdivisions where the City has
development agreements describing the assessments or individual properties where they have
specifically petitioned and agreed to the assessment.
Mayor Bergeson opened the public l'earin at 10:45 p.m.
Resolution No. 02-156, Lake rivc/Apol o Drive — City Engineer Studenski explained that this
project includes improvements to Lake Drive/Apollo Drive, notices have been sent, and the total
project is $1,991.683.
Resolution No. 02-157, Clearwater Creek 5th Addition — City Engineer Studenski stated the second
assessment is for the Clearwater Creek 5th Addition to extend sanitary sewer and water, street and
stormsewer improvements. He stated this was spelled out in the developers agreement and the total
amount of assessment is $335,294.10.
Resolution No. 02-158, Royal Pines - City Engineer Studenski stated this project is for the Royal
Pines development and follows the developers agreement set forth with that project for street,
stormsewer, sanitary sewer, and watermain and the total amount of assessment is $86,564.01.
Resolution No. 02-159, Raske Building Systems - City Engineer Studenski stated this project was
petitioned for by Raske Building Systems for connection to City services within that area. There was
32
COUNCIL MINUTES OCTOBER 28, 2002
• a previous agreement set forth that established an 8% interest rate. Their total assessment amount is
$60,911.86.
•
Resolution No. 02-160, Individual Properties Which Requested Connection to City Utilities —
City Engineer Studenski explained that this project is for individual properties which requested
connection to City utilities and have signed waivers. He reviewed the three parcels and amount of
assessment for each.
Councilmember Dahl stated there used to be two driveways on Holly Drive and asked if one was
changed to face Royal Pines. City Engineer Studenski stated the existing house did front on Holly
Drive and through this subdivision the existing house will connect to the new cul-de-sac and there
will be two new homes on two new lots south of that lot.
Councilmember Dahl noted the addresses for the assessment and asked if it is Roger Jenson's house
or one of the newly created houses. City Engineer Studenski stated it is a newly created lot. He
corrected that on the south side, that lot has a driveway on the cut -de -sac so there is only one
connection on Holly Drive.
City Attorney Sullivan asked the City Engineer to enter into the record whether the City had received
any written objections.
City Engineer Studenski stated the City has not received any written objections.
No one appeared to address these items.
Councilmember O'Donnell moved to close the public hearing at 10:50 p.m. Councilmember Reinert
seconded the motion.
Motion carried unanimously...
Councilmember O'Donnell moved to adopt Resolution No. 02-156, Adopting Assessment for the
Lake Drive/Apollo Drive Improvement Project. Councilmember Dahl, seconded the motion.
Motion carried unanimously.
Resolution No. 02-156 can be found in the City Clerk's office.
Councilmember Carlson moved to adopt Resolution No. 02-157, Adopting Assessment for the
Clearwater Creek 5th Addition Street and Utility Improvement Project. Councilmember O'Donnell
seconded the motion.
Motion carried unanimously.
• Resolution No. 02-157 can be found in the City Clerk's office.
33
COUNCIL MINUTES OCTOBER 28, 2002
• Councilmember Dahl moved to adopt Resolution No. 02-158, Adopting Assessment for the Royal
Pines Improvement Project. Councilmember Reinert seconded the motion.
•
•
Motion carried unanimously.
Resolution No. 02-158 can be found in the City Clerk's office.
Councilmember Reinert moved to adopt Resolution No. 02-159, Adopting Assessment for the Raske
Building Systems Improvement which Requested Connection to City Utilities. Councilmember Dahl
seconded the motion.
Motion carried unanimously.
Resolution No. 02-159 can be found in the City Clerk's office.
Councilmember Carlson moved to adopt Resolution No. 02-160, opting Assessment for the
Improvement of Individual Properties which requested connectionnto City Utilities. Councilmember
Reinert seconded the motion.
Motion carried unanimously.
Resolution No. 02-160 can be found in the City Clerk's office.
Consideration of Resolution No. 02-161 Accepting 12th and Holly Streets Feasibility Study, Jim
Studenski — City Engineer Studenski explainedthat due to the continued development and growth of
the area increasing the traffic on this roadway and the deteriorating condition of 12th Avenue and
Holly Drive between Ash Street and Birch Stre`� t, the City Council ordered a feasibility study for the
reconstruction of the street. This segment of roadway is designated as a Municipal State Aid (MSA)
road and serves as a minor collector within the City's Comprehensive Plan. In addition, some
properties adjacent to and be %ond 62nd Street do not have access to sanitary sewer or water.
City Engineer Studenski advised that the street reconstruction portion of the project will be funded
mostly through MSA. The utility extensions will be minimal at this time. He explained they do not
recommend lengthy extensions in the roadway since there is no foreseeable cost recovery by any
property. He advised that the next step in the process will be to accept the feasibility study for the
proposed improvements. Construction of these improvements is projected to start in 2004.
City Engineer Studenski presented the feasibility report, noting that a portion of the roadway would
be replaced while utilities are extended. The existing trail system is installed through the
development of the subdivisions. With this project, it is being proposed to be phased due to
conditions, safety factors, and length of the project. He noted Exhibit B1 and requirement for areas to
be acquired for slope easements due to wetland mitigations and stormsewer ponding areas. Currently
the area is all through rural sections with minimal addressing of the drainage area. The phasing is
basically that the center section would be done first, just south of Holly Court north around the bend
past Trappers Crossing on the intersection of 12th Avenue and Holly Drive. They have deteriorating
34
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COUNCIL MINUTES OCTOBER 28, 2002
pavement conditions and safety concerns through that section. To meet road design requirements
they will have to address super elevation. They have sight line issues and MSA requirements to
achieve the speed limit posted.
City Engineer Studenski noted that this section, from the intersection of Holly Drive and 12th
Avenue, north to Birch Street, has previously been reconstructed through the utility improvements.
There are stretches that have about three parcels where the bike path does not exist and there is a need
for a stormwater pond at that end which would follow in the subsequent year for reconstruction. The
first portion from Ash Street to Holly Court is the least populated and deterioration of road conditions
are the most significant issue at this time.
City Engineer Studenski explained that with right-of-way acquisitions, it is mostly due to wetland
areas, slope and drainage easements, and dealing with wetlands. Regarding the street, it will basically
follow the existing alignment. The curbs will require some adjustment due to MSA standards. The
storm sewer will be fairly extensive due to the lack of drainage and being within a ditch section. The
trail will also connect on the east side of 12th Avenue and staff is:proposing that it continue westerly
from the intersection of 12th Avenue South and Holly Drive to. Cassiopeia Court to link back into the
trail system currently underway on the north side, connecting it to the park just south of Birch Street.
City Engineer Studenski stated the sanitary sewer and water will have minimal impact at this point.
He reviewed Exhibits E-1 and E-2, noting the proposal is to provide for future connections without
tearing up the road. He pointed out the area wherewater would be extended from under the street and
into the boulevard for future extension to the south He stated the sanitary sewer is extremely shallow
so any extension to the south would require a lift station and force main. Additional utility
improvements at the intersection of 12th Avenue and Holly Drive would be set up for ease of future
extensions.
City Engineer Studenski stated the assessmentsTor street and storm improvements would be against
properties that front 12th Avenue and Holly Drive. The watermain and sanitary sewer will be covered
under the trunk funds since rt will lot be benefiting any specific property since stubs would be placed
for future connections. The total estimated cost is about $4.2 million with $3.6 million from MSA
funds, $474,000 from the Surface. Water Management Fund, $7,000 from the Trunk Area Unit Fund,
and $69,000 of assessments. He stated a significant portion of the cost is due to the easements and
wetland mitigation on this project.
Community Development Director Grochala stated this is a substantial project and due to the late
hour, the Council could accept the report and review it before the next work session.
City Engineer Studenski stated work is not anticipated until some time next year.
Councilmember Reinert moved to adopt Resolution No. 02-161, Accepting the Feasibility Report for
12`h Avenue/Holly Drive Street Reconstruction Project. Councilmember O'Donnell seconded the
motion.
Motion carried unanimously.
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COUNCIL MINUTES OCTOBER 28, 2002
Resolution No. 02-161 can be found in the City Clerk's office.
Consideration of Resolution No. 02-162 Accepting Petition and Authorizing Preparation of a
Feasibility Study, Thomas Street Utility Improvements, Jim Studenski — City Engineer Studenski
stated the City has received a petition from residents and property owners on Thomas Street, west of
Fourth Avenue, for preparation of a report on sanitary sewer and water service. He advised that the
petition was signed by 13 of the 16 property owners that front that roadway.
City Engineer Studenski advised that sanitary sewer and watermain are close to the project area at the
west side in the Behm's Century Farms subdivision.
City Engineer Studenski stated when the City has received utility petitions from neighborhoods in the
past, the first step has been to hold a neighborhood meeting before any formal study is prepared. At
the neighborhood meeting, they discuss the public improvement process. the City Charter, the
location of existing utilities, and an overview of the construction process. The study would follow
the neighborhood meeting. He stated the study will address,, on a preliminary basis, design, cost,
assessment, schedule, and other issues as they relate to providing. City utility service to this area.
Councilmember Carlson moved to adopt Resolution Ni 02.162, Accepting Receiving Petition and
Ordering Preparation of Feasibility Study for the Thomas Street Utility Improvements.
Councilmember O'Donnell seconded the motion.i:,,
Motion carried unanimously.
Resolution No. 02-162 can be found in the. City Clerk's office.
Consideration of Resolution No. 02-163, Approving Stormwater Maintenance Agreement with
Emergency Apparatus Maintenance,mStudenski — City Engineer Studenski reviewed that
the
Cityapproved the expansion ofthe Emergency Apparatus Maintenance building. As part of that
improvement, the Rice Creek Watershed District (RCWD) has required a Stormwater Maintenance
Agreement between the owner and the City of Lino Lakes. The City Attorney and Emergency
Apparatus Maintenance attorneyhave reviewed and approved of the agreement. This will be a
RCWD requirement for all ponding areas developed on private parcels within the City.
City Engineer Studenski explained that under this agreement, the owner assumes full and sole
responsibility for the condition, operation, repair, maintenance and management of the system. In the
event the owner doesn't maintain the system, the City can rectify the deficiency and be reimbursed by
the owner.
Mayor Bergeson asked if this would follow the property should there be a new owner.
Councilmember Carlson noted the agreement indicates it is enforceable to all property owners.
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COUNCIL MINUTES OCTOBER 28, 2002
• Councilmember Reinert moved to adopt Resolution No. 02-163, Approving Stormwater Maintenance
Agreement with Emergency Apparatus Maintenance. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Resolution No. 02-163 can be found in the City Clerk's office.
Authorize Execution of Agreement with LMC to participate in the NPDES Phase II Guide Plan
Development, Michael Grochala — Community Development Director Grochala requested
authorization to execute an agreement with the League of Minnesota Cities (LMC) and 73 other local
governmental units in the National Pollutant Discharge Elimination System (NPDES) Phase II Guide
Plan Development. He explained this would assist cities to implement their NPDES requirement
which is due by March 10, 2003. He stated the cost would be funded by the Water Surface
Management Fund.
Councilmember Reinert asked what the on-going cost is long tert b ommunity Development
Director Grochala stated it is anticipated there will be additional on-going costs and this will be good
for five years. Most costs will be development borne but the maintenance issues that will be required
could be a City cost.
Councilmember Carlson moved to authorize execution of agreement with the League of Minnesota
Cities to participate in NPDES Phase II Guide Plan Deve=lopment. Councilmember Dahl seconded
• the motion.
•
Motion carried unanimously.
UNFINISHED BUSINESS
Consideration of September2002 Council Minutes — Mayor Bergeson asked if there were any
corrections to the October 9, 2, Council meeting minutes.
Councilmember Carlson moved to approve the September 9, 2002 Council Minutes as presented.
Councilmember Dahl seconded the motion.
Motion carried unanimously.
Consideration of October 2, 2002 Special Work Session Minutes — Mayor Bergeson asked if there
were any corrections to the October 2, 2002 Special Work Session minutes.
Councilmember Carlson requested the following corrections:
Page 2, first paragraph: "A current estimate of 800-100 acres is more realistic. City Council
indicated that would increase our Residential Growth Management difficulties."
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COUNCIL MINUTES OCTOBER 28, 2002
• Page 3, first paragraph: "City Planner Smyser quoted the Comprehensive Plan policy that limits
residential growth to an average of 147 units per year."
•
Councilmember Carlson moved to approve the October 2, 2002 Special Work Session Minutes as
corrected above. Councilmember Dahl seconded the motion.
Motion carried unanimously.
NEW BUSINESS
Consideration of October 9, 2002 Work Session Minutes — Mayor Bergeson asked if there were
any corrections to the October 9, 2002 Work Session minutes.
Councilmember Carlson requested the following corrections:
Page 2, ninth paragraph: "Councilmember Carlson stated she wants to address one point, legal,
and quoted State Statute."
Page 6, second paragraph: "...going to build a roadway with less than 100 feet of ..." and "...the City's
best shot is to get the compromised design for the bridge and intersection."
Councilmember Carlson moved to approve the October 9, 2002 Council Work Session Minutes as
corrected above. Councilmember Dahl seconded the motion.
Motion carried unanimously.
Consideration of October 14, 2002 Co- l'1inutes — Councilmember Carlson requested that
consideration of the October 14, 2002 Council minutes be tabled to allow further review.
COMMUNITY CALENDAR OCTOBER 29, 2002 THROUGH NOVEMBER 12, 2002:
Wednesday, October 30, 2002,00 p.m., Special Council Work Session
Wednesday, October 30, 2002, 6:30 p.m., Environmental Board Meeting
Monday, November 4, 2002, 6:30 p.m., Park Board Meeting
Tuesday, November 5, ELECTION DAY, Polls Open from 7:00 a.m. to 8:00 p.m.
Wednesday, November 6, 5:30 p.m., Council Work Session
Monday, November 11, 2002, Veteran's Day, City Hall Closed -- All Day
• Tuesday, November 12, 2002, 6:30 p.m., City Council Meeting
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COUNCIL MINUTES
• ADJOURN
•
•
OCTOBER 28, 2002
There being no further business, Councilmember Carlson moved to adjourn at 11:20 p.m.
Councilmember Dahl seconded the motion.
Motion carried unanimously.
These minutes were considered and approved at the regular Council Meeting, December 9, 2002.
Ann Blair, City Cl
Transcribed by:
Carla Wirth
TimeSaver Off Site Secretarial, Inc.
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