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HomeMy WebLinkAbout12/16/2002 Council MinutesAPPROVED COUNCIL MINUTES DECEMBER 16, 2002 CITY OF LINO LAKES MINUTES DATE : December 16, 2002 TIME STARTED : 6:34 P.M. TIME ENDED : 9:28 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, and Reinert MEMBERS ABSENT : Mayor Bergeson Staff members present: City Administrator, Linda Waite Smith; City Attorney, Barry Sullivan; Chief of Police, Dave Pecchia (part); Community Development Director, Mike Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek; Public Services Director, Rick DeGardner (part); and City Clerk, Ann Blair SETTING THE AGENDA City Administrator requested Item 4B, Consider Non -Union Salary Recommendation for 2003 be pulled from the agenda for further discussion at a Council work session. The agenda was approved as amended. • CONSENT AGENDA • Councilmember Dahl moved to approve the Consent Agenda, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. ITEM DISBURSEMENTS: ACTION December 23, 2002 (Check No. 66931 — 67015, $333,676.29) Approved Centennial fire District (Check No. 13555 — 13570, $20,171.00) Approved Consider Resolution No. 01 — 188, Authorizing The Transfer of Funds from the Area and Unit Fund to the Water Operating Fund for Payment of 1996B G.O. Water Revenue Bond Consider Resolution No. 02 — 189, Authorizing A Transfer of Funds from the Area and Unit Fund To the 1999A G.O. Improvement Bond Debt 1 Approved • • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Service Fund Approved Consider Receipt of $24,000 Donation for Purchase of Defibrillators for Centennial Fire District OPEN MIKE Approved Presentation on Proposed YMCA, Councilmember O'Donnell — Councilmember O'Donnell advised he would like to update residents on the YMCA. Most residents are aware that the YMCA would like to build a facility next to the City Hall. He stated he is on the volunteer board and the entire board has been working hard to make the project a reality. The new facility will be a branch of the St. Paul YMCA and there will be programs for all ages along with day camps, youth activities and academic programs. The facility is intended to serve all the surrounding communities. He listed the initial amenities and future amenities that are planned for the facility noting it will be 45,000 square feet. The project cost is $6.8 million dollars and to date over $5 million has been raised. The board is very pleased with the fund raising and gifts that have been received to date. A new fund drive is now being kicked off. Ten teams have been formed with the goal of reaching $100,000 per team. Residents will be sent information asking for a pledge. He asked that residents give heartfelt consideration to making a pledge and making the project become a reality. Ms. Beverly Krieger, 234 White Pine Road, came forward and stated she is present to represent herself and her neighborhood. Last Tuesday a structure was moved onto land in the neighborhood. Water is a big concern. She stated she has talked to many people at City Hall regarding this issue. To date approximately ten trucks full of dirt have been dropped off. Run-off is a huge concern along with environmental issues in relation to Baldwin Lake. This structure will affect everyone in the area. She indicated she spoke to the Rice Creek Watershed District and they have said the City of Lino Lakes has jurisdiction over this matter. The City Engineer has stated there is no standing water in the area but he has not talked to every resident. The water table is very high and in the spring residents sump pumps are running all the time. She advised the neighborhood is very concerned and wants something done regarding this issue. Ms. Joyce Heness came forward and displayed pictures of the property and structure in question noting the pictures were taken last Friday. She stated the residents feel they are victims of several mistakes and are having to pay for those mistakes. She stated she wants the permit revoked and construction stopped immediately. The mistakes made include bad information given to the people who prepared the site review, the Planning and Zoning Board did not accurately address the structure, and deception was used by the person developing the structure. There is huge concern from the residents regarding property value. It is not right to make the residents pay for the mistakes that have been made. She referred to the ordinance regarding moving of structures and noted there is no reference to an existing neighborhood or homes in the area. The Planner did not follow the current City ordinance when addressing this issue. The ordinance clearly states the structure needs to fit in with the existing neighborhood. The developer misrepresented pictures of the structure in the site plan. She displayed pictures of what was in the site plan and what is on the property now. There is no way the structure will have the same roofline as what was shown in the site plan. A rambler was 2 • • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 shown and it is now a two-story house. The only person that gains from this is the developer. He provided misinformation for the site plan. Mistakes were made and now they need to be corrected. She asked Council to do the right thing and rescind the permit. Building should stop immediately and another site plan review should be done. Mr. Kelly Sharkey came forward and asked of the Council who has seen the structure. He asked of those who have seen it if they believe it will still uphold the value of the area. Councilmember Carlson advised she has seen the structure and believes it will uphold the value of the area when all the improvements are completed. Councilmember O'Donnell stated that as the structure sits now, it would not uphold the value of the area. He indicated his biggest concern is the elevation. The Council only approved the site plan. There are grading specifications that have to be followed. He stated the only question he has is if the applicant is adhering to those grading specifications. Acting Mayor Reinert stated the City does have an as -built survey that has to be submitted before a certificate of occupancy is issued. If there are any alterations with the grading plan that the certificate will not be issued. Councilmember Carlson stated the report the Council received was very complete. She advised her only concern is the grading and elevation. The grading plan will have to be met before the certificate of occupancy is issued. Community Development Director Grochala stated the lot is not 12 feet above grade. The structure is being built as a look out and not a walk out basement. City Engineer Studenski advised the overall basement elevation and the first floor elevation is compatible with homes in the area. The actual elevation is 6% higher that the street. The driveway elevation is at 904.5 feet and the street level is 901 feet. There is only a four -foot difference and that is very typical within the City of Lino Lakes. Mr. Sharkey asked if the Planning and Zoning Board determined that the structure would not lower the value in the area. Community Development Director Grochala stated the valuation is of the existing surrounding neighborhood. The area is zoned R-1 with R -1X next to it. Acting Mayor Reinert stated the object of open mike is to bring problems to the attention of the Council. He suggested this issue be discussed further at a Council work session. Mr. Sharkey stated his one issue is if the Planning and Zoning Board determined the structure is compatible with the other development in the area. • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Mr. Mark Paulson came forward and stated they are building right now. He indicated he agrees that this issue needs to be discussed further. He asked if a temporary restraining order could be put on the building. That would be in the best interest of the City and the neighbors. Time is needed to figure out what is actually being built. He asked for a motion to put a temporary hold on the construction. A hold on the construction is also in the best interest of what may be built there in the future. Acting Mayor Reinert stated there might be legal issues with putting a temporary hold on construction. City Attorney Sullivan advised the Council does not have the authority to stop the construction this evening. Staff should look into the issue and determine if action should be taken. City Administrator Waite Smith advised the neighborhood does have the option of asking the developer to voluntarily stop the construction to clear up the outstanding issues. Acting Mayor Reinert advised staff to look into this matter and have all information ready for further discussion at the next Council work session. Mr. Paulson stated that unless action is taken this evening it would be too late. The water in the area is rising. He stated he believes the Council does have the authority to stop this temporarily. This would not have even been an issue if residents had been informed about what was going on. • Acting Mayor Reinert stated there is a process the City must take to investigate this matter. • Councilmember O'Donnell stated he is also concerned about the enormous amount of dirt and fill that is being brought to the site. City Engineer Studenski stated there is a large amount of material needed for the design of the site. Acting Mayor Reinert advised the Council would not take action this evening. This matter will be put on the January 8, 2003, Council work session agenda. He invited the neighborhood to attend that meeting. Ms. Heness came forward and stated she is very disappointed. Mistakes have been made and the City did not look at the neighborhood before the site plan was approved. The Council is covering their tracks. The Council is responsible to correct the City's mistakes. Councilmember Carlson stated she has lived in Lino Lakes for 29 years and does know the neighborhood in question. She stated she reviewed the ordinance, visited the site and read all the information when she became aware of this issue. There are no legal issues at this time. She stated she was also at the Planning and Zoning Board meeting and staff did an excellent job on the report. She stated she does not see any mistakes that have been made. She indicated her only concern is the elevation and grading. The size of the structure and lot far exceed the zoning ordinance minimum requirements. When the structure is finished it will be consistent with both R-1 and R -1X zoning. She added the neighborhood will be neighbors with the people and she was very disappointed with 4 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 the sign that was put up. Staff is on top of this issue and there is no legal reason to stop the construction. Ms. Heness stated the neighborhood does intend to contact the Bar Association and an attorney to see what legal recourse is an option against the City of Lino Lakes and the City Council. No one else was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK Consideration of Resolution No. 02 —183, Adopting the 2002 Tax Levy Collectible in 2003 — Finance Director Rolek advised Truth in Taxation requires the City of Lino Lakes to adopt and certify a final 2002 tax levy, collectable in 2003 on or before December 28th. The total levy includes dollars for the general operating budget as well as dollars for general bonded debt. The levy includes funding for continued implementation of a vehicle replacement program, salary and wage adjustments, continued implementation of the comprehensive plan, and a contingency for unforeseen emergencies. The levy remains the same as proposed and adopted in September of this year. A Truth in Taxation public hearing was held on the tax levy on December 9. Tax levy information was presented and discussed during the public hearing and public testimony was received. The City Council needs to take final action on the tax levy at this time. Staff recommendation is to • adopt Resolution 02-183 approving the final 2002 Tax Levy, collectible in 2003. • Councilmember O'Donnell asked how pulling Item 4B, Non -Union Salary Recommendations will impact the budget and other items the Council is voting on this evening. Finance Director Rolek stated those items are incorporated into the budget and levy. Pulling that particular item from the agenda will not affect the budget or levy. Councilmember O'Donnell stated all of those items are tied together. He stated he is perplexed that the non-union salaries were pulled from the agenda. City Administrator Waite Smith stated staff typically has to guess about what salary adjustments will be. Staff does figure in what they believe the wage increases will be. The non-union salaries were removed from the budget because Council had questions at the work session and have not yet received the information that was requested. She stated she is the one that suggested that item be removed from the agenda. Councilmember Carlson stated she had the same question. She asked how set the budget is because the Council has not really talked about individual items. She stated she is concerned about the loss of state aid. She asked if the Council could change the budget after items have been approved. Finance Director stated those questions relate to the next item on the agenda. The budget is always subject to amendments by the Council after it is approved. The budget will have to be amended if the City loses state funding. 5 • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Councilmember Carlson clarified with staff that Council does have the option to revisit the budget after it is approved. Councilmember Dahl read information regarding the General Operating Budget, levy and emergencies. She asked if the Council did the same thing last year. Finance Director Rolek advised the Council did do the same thing last year. Councilmember Dahl stated she does not understand why the Council then can't do the same thing this year under last year's levy. Finance Director Rolek stated the City will do the same thing as last year but those are budget issues. Items in the budget are discussed every year prior to approval of the budget. Councilmember Dahl stated that since the City was able to do that last year the City should be able to live within the last year's levy. Finance Director Rolek stated the City will continue to implement items from the Comprehensive Plan and money is needed to do that. The vehicle replacement program is a yearly process. The contingency amount will be included also if possible. The City has to keep a certain level on the fund balance. City Administrator Waite Smith stated the biggest portion of the City's budget goes to personnel. 41/ Those costs go up every year. • Councilmember Dahl stated the City does have a contingency fund in the budget. As the City grows it gets more tax dollars so taxes should decrease. It seems that the City is charging more than what is taken in. If the City could do all of the same things on last year's budget the levy should be zero. Finance Director Rolek stated the levy increase is under 4%. Councilmember Dahl stated the City needs to look at something else if it wants to balance the books. Finance Director Rolek stated that he believes in most cases residents are seeing a decrease in the City's portion of property taxes. City Administrator Waite Smith stated there are costs that the City has no control over such as health insurance, which is up 26%. Finance Director Rolek stated if the City does not approve the levy this evening another meeting will have to be scheduled or the levy will automatically convert to the 2002 levy. Councilmember Carlson stated the levy is increasing less that 4%. She asked if that increase is over a lot more properties. Finance Director Rolek stated that increase is over a lot more properties. 6 • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Councilmember O'Donnell moved to adopt Resolution No. 02 — 183, as presented. Councilmember Carlson seconded the motion. Councilmember Carlson stated she would vote in favor of the levy. She stated she did research and did speak to residents on how this will affect them. She referred to her property assessment and noting the City portion of property tax only went up $1.75. She urged residents to look at their property taxes that go to the City in comparison to what goes to the County. Motion carried with Councilmember Dahl voting no. Resolution No. 02 — 183 can be found in the City Clerk's office. Consideration of Resolution No. 02 —184, Adopting the 2003 General Operating Budget — Finance Director Rolek advised State Statutes require the City of Lino Lakes to adopt and certify a final 2003 operating budget on or before December 28. A Truth in Taxation public hearing was held on the budget on December 9. A summary of the proposed budget and tax levy was presented and discussed during the public hearing and public testimony was received. The final 2003 budget represents a 4.12% increase over the 2002 budget. The City experienced growth in the tax base of 16.66% over the same period. • The City Council needs to take final action on the budget at this time. Staff recommendation is to adopt • Resolution 02-184 approving the final 2003 General Fund Operating Budget. Finance Director Rolek noted $5,000 was added to the budget for the overlap of electrical inspections before the state takes them over. Councilmember Carlson moved to adopt Resolution No. 02 — 184, as presented. Councilmember O'Donnell seconded the motion. Councilmember Dahl stated she knows that healthcare costs go up every year. She stated she pays far more than the City does for healthcare. She advised that she has talked to residents about healthcare and they have indicated the costs have gone up and they are having to pay the difference. Companies are not picking up the extra costs. Residents are willing to pay the additional costs to maintain their healthcare. She stated that if everyone else has to make concessions City employees should do the same. She also suggested the City change plans because the state is not going to give the City any help. Salaries are also being frozen by companies and the City may have to look at doing the same thing. She stated she does not believe the City is being fiscally responsible if the proposed budget is approved. She stated she needs to listen to the residents and she will vote no for the proposed budget. City Administrator Waite Smith advised 55 of the 65 City employees belong to a union. The City has to negotiate with these unions. The City did have an independent agent find the best plan at the best cost for the City. Staff does a lot of work to keep costs down. The City is required to bargain with 7 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 • the union in relation to insurance. Employees are already paying more for insurance. Staff is very diligent in trying to keep City costs down. • • Councilmember Carlson stated the increase in the budget is 4%. She stated she is looking at this like a family. When a family grows it costs more to care for the family. Not adding any staff and finding ways to keep the same levels of service is very difficult. She stated she does have questions about non-union salaries but will vote to approve the proposed budget. She stated the City does need to look at how salaries and healthcare costs are negotiated. The City also needs to consider non-union healthcare. A 4.4% increase in the budget is in line with a City of the size of Lino Lakes. Acting Mayor Reinert stated he will support the 4.12% increase because there have been huge insurance cost increases. There is also a cost of living increase in the budget. There has been a 16% growth in the City. The first budget that was proposed had an 11% increase. Staff and Council worked very hard to get that figure down. The City is going to experience more and more costs because the City is growing. Motion carried with Councilmember Dahl voting no. Resolution No. 02 — 184 can be found in the City Clerk's office. Consideration of Resolution No. 02 —185, Adopting the 2003 Water and Sewer Operating Budgets — Finance Director Rolek advised the City Council reviewed the proposed 2003 Water and Sewer Operating Budgets at their Budget work session held August 28, 2002. No adjustments have been made to the proposed budgets since that date. The budgets include the cost of depreciation of infrastructure as an expense, and recovery of this cost is incorporated into the utility rate structure. It has been the practice of the City Council to adopt the Water and Sewer Operating budgets by resolution. Staff recommendation is to adopt Resolution 02-185 adopting the final 2003 Water and Sewer Operating Budgets. Councilmember Carlson asked if the City is going to maintain the fund for replacement and if it is included in the budget. Finance Director Rolek stated the replacement fund is included in the budget but it is not itemized. The water rate will remain the same. Councilmember Carlson moved to adopt Resolution No. 02 — 185, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 — 185 can be found in the City Clerk's office. Consideration of Resolution No. 02 —186, Adopting the 2003 Recreation Fund Budget — Finance Director Rolek advised the City Council reviewed the proposed 2003 Recreation Fund Operating Budgets at their Budget work session held August 28, 2002. The budget being presented for approval has not changed since the work session. The Recreation Fund is a special revenue fund and operates from revenues collected from recreation fees. No part of the tax levy is used to finance Recreation 8 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 • Fund operations. The budget for 2003 estimates that a small surplus of $22,659 will be realized in this fund. • It has been the practice of the City Council to adopt the Recreation Fund Operating budgets by resolution. Staff recommendation is to adopt Resolution 02-186 adopting the final 2003 Recreation Fund Operating Budget. Councilmember Dahl moved to adopt Resolution No. 02 —186, as presented. Councilmember O'Donnell seconded the motion. Councilmember Carlson emphasized the fact that this budget is funded entirely by fees. The budget did go up but that means the City has more participants in the recreation programs. Motion carried unanimously. Resolution No. 02 — 186 can be found in the City Clerk's office. Consideration of Resolution No. 02 —187, Adopting the 2003-2007 Five Year Financial Plan — Finance Director Rolek advised the Lino Lakes City Charter Section 7.05 requires the annual preparation of a five-year financial plan. The elements to be included in the plan are a Public Service Program, Revenue Program, Capital Improvement Program and a Capital Budget. The Charter requires that a public hearing be held on the plan and that a summary of the approved plan be published. Staff has prepared a draft Five -Year Financial Plan for the years 2003-2007. The plan includes all of the required elements. The Plan first addresses the Public Service Program and lists anticipated personnel and other resources needed to meet these needs over the five-year term. Projections of the City's tax capacity and tax levy authority are presented next, followed by projected revenues (Revenue Program) for the next five years. A detailed projection of anticipated program expenditures follows. Finally, the Capital Improvement Plan (CIP) is presented which addresses future needs in the areas of infrastructure extension and replacement, equipment replacement and park improvements. Project descriptions, cost estimates, financial resources and cash flow analyses are included within the CIP, and constitute projected budgets for future capital needs. The assumptions used in the plan are based upon both historical data and projections of future growth and needs. In general, an inflation rate of three percent (3%) was used in projecting future expenditures. This percentage varies somewhat based upon what is known about particular factors, industries, etc. Existing statutes were used to calculate available taxing capacity and taxing authority. More detailed assumptions and factors are listed throughout the document. The plan has been reviewed by the City Council at several work sessions, and a public hearing was held on December 9, 2002. The City Council needs to take final action Five-year Financial Plan for 2003-2007. Staff • recommendation is to approve Resolution 02-187 adopting the Five-year Financial Plan for 2003-2007. 9 • • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Councilmember Carlson requested this item be tabled as the whole Council is not present and it is possible it would fail on a 2-2 vote. She stated she would like to discuss this issue further. She indicated she is concerned about the projected state deficit and uncomfortable with the figures in the plan and contingency figures. She suggested the City reduce the contingency figures. Finance Director Rolek advised this issue is not time sensitive and can be tabled. Councilmember Dahl stated she is not against tabling this issue. However, she is on the Charter Commission and they have been waiting a long time for the Five Year Plan. Councilmember Carlson moved to table the 2003-2007 Five Year Financial Plan to the January 13, 2003, City Council meeting. Councilmember Dahl seconded the motion. Councilmember Carlson stated she has explained her reasons for tabling this issue but it is possible the plan will pass this evening. Councilmember Dahl stated the Charter Commission has been waiting a long time for the plan but waiting a few more weeks will not make much of a difference. She stated she would like to see the full Council and vote 5-0 to approve the plan. Acting Mayor Reinert stated he was ready to vote on the plan this evening. However, since it is not a time sensitive issue it can wait. The original plan had larger increases. Staff has worked very hard to get those increases down. He stated he does support the plan but will agree to table it. Councilmember O'Donnell stated he is very surprised. He stated he does not want to count the endless hours staff and Council has spent on the plan. He stated he is very surprised after all the work that has gone into the plan that it has come down to tabling it due to additional questions. He stated the Council looks very unprepared. He stated he understands everyone wants to do the right thing but he will not support tabling this item. Councilmember Dahl stated she agrees with Councilmember O'Donnell. This item was on the work session agenda but there was no staff member to discuss it. She stated she believes Councilmember Carlson's concerns would have been addressed then. She stated she does not believe there will ever be a perfect Five Year Plan. Because this was not discussed at the work session, the right thing to do is table it. Councilmember Carlson stated she has been very consistent with her concerns regarding the plan. She stated that at the last meeting she said that she was waiting for final budget information. She stated she does not know if her vote will change with more time but she thought tabling the plan was better than it not passing. She stated she does not want to tell people the City is raising its spending this much over the next five years. Finance Director Rolek advised it is the Council prerogative to table this item. Discussing this at a work session will not change the plan because the City does not know what changes may be made by 10 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 • the legislature. Those changes will not be known until next spring. The plan is flexible and can be changed if the legislature takes action that will affect the plan. • • City Administrator Waite Smith inquired about the process of amending the plan. Finance Director Rolek advised the plan is meant to be revised every year. If it has to be revised due to drastic action by the legislature the plan can be amended by resolution approved by the Council. Councilmember Carlson stated she has no problem with going to a vote this evening but she did not want the plan to not pass. She stated she would withdraw her motion if the Council wishes to vote on the plan this evening. Acting Mayor Reinert stated he believes the plan will pass this evening so the motion should be withdrawn. Councilmember Dahl stated she does have concerns about what the City should bond for. She stated she understands the plan will be revised every year but she is willing to table it. She advised she really would like to see a 5-0 vote on the plan. Finance Director Rolek stated the primary consideration for the Council is to have a plan that represents their foresight for the next five years. If the Council is not comfortable with a vote, a vote should not be taken this evening. However, there will not be any changes within the next few months that will alter the proposed plan. Councilmember Dahl inquired about what will happen if there is a 2-2 vote for tabling the plan. City Attorney Sullivan stated the motion would fail. Then the Council would have to make another motion or have more discussion. Motion passed with Councilmember O'Donnell voting no. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider Resolution No. 02 —182, Designating Volunteer Coordinator for City History Project, Linda Waite Smith — City Administrator Waite Smith advised the Lino Lakes City Council has wanted to collect and organize information about the City's history before documentation is lost and memories of long-time residents can no longer be captured. The City requested assistance from the community and one of the respondents was Ms. Betsy Friesen. Ms. Friesen is a twenty-one year resident of Lino Lakes. She is also a librarian and historian. Because of her interest and qualifications, staff is recommending the City Council designate Ms. Friesen, through Resolution 01-182, Volunteer Coordinator of the Lino Lakes History Project. 11 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Ms. Friesen will assess the documentation the City has in its possession, then develop a plan for systematically gathering additional information and organizing it. That information will include maps, newspaper articles, historical documents, photographs and oral histories. The City will provide periodic work space, staff assistance, storage space and supplies out of the current operating budget. This project will be ongoing and the City will continue to encourage residents to participate in the project or contribute information to it. Ms. Betsy Friesen came forward and reviewed her background noting she is very interested in history. She added she already has a lot of historical documents on the City of Lino Lakes. Councilmember Carlson stated she would like Ms. Friesen to come to another meeting for an official kickoff. Another resident, Mr. Art Hawkins, has some documents he would like to present. Councilmember Dahl stated Mr. Jerry Burg contacted her and he also has information on the City of Lino Lakes. He would like to give Ms. Friesen the information and is willing to work on the project. She suggested the City may be able to adopt a resolution to approve a place for historical preservation. Councilmember Dahl moved to adopt Resolution No. 02 — 182, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. Resolution No. 02 —182 can be found in the City Clerk's office. Consider Non -Union Salary Recommendations for 2003, Dan Tesch - Upon adoption of the agenda, this item was removed. Consider Resolution No. 02 —180, Authorizing Contract for Engineering Analyses, Linda Waite Smith — City Administrator Waite Smith advised that as staff continues to address mold issues in the civic complex, they have been advised by a representative of the Institute for Environmental Assessment and by an attorney who specializes in litigating mold cases, to obtain independent third party analyses of the building shell and of the mechanical systems. The purpose of the evaluations is to identify the source of the mold. Therefore, the analysis should be done before proceeding with remediation measures in the remaining two sections of the complex. The cost of the two analyses is estimated to be $20,000. Consultants will assist in selecting qualified evaluators. Per Resolution No. 02 — 180, Staff is requesting authorization to spend up to $20,000 from the Capital Improvement Program Fund (401) to pay for analyses of the civic complex building shell and mechanical systems. Acting Mayor Reinert asked if it is possible to have a non-conclusive result after spending the $20,000 on this project. City Administrator Waite Smith advised both consultants on this matter believe the City will find a definitive answer to the mold problem. Acting Mayor Reinert stated he believes this is the first step but would hate to spend this amount of money and still not know where the mold is coming from. City Administrator Waite Smith stated it is 12 • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 possible there are several sources of the mold. Everyone involved has been informed of the steps the City is taking. Councilmember Dahl moved to adopt Resolution No. 02 — 180, as presented. Councilmember Carlson seconded the motion. Councilmember O'Donnell asked if this item and the next item are above and beyond any other expenses the City has for this problem. City Administrator Waite Smith advised this estimate and the next item are above and beyond expenses the City already has incurred. Motion carried unanimously. Resolution No. 02 — 180 can be found in the City Clerk's office. Consider Resolution No. 02 —181, Authorizing Advertisement for Bids for Mold Remediation, Linda Waite Smith — City Administrator Waite Smith advised the City has engaged the Institute for Environmental Assessment to assist in addressing mold issues in the Civic Center Complex. IEA representatives have estimated the cost of mold remediation in the City Hall and Police Station sections of the complex will be between $50,000 and $70,000. The state bidding process is required on expenditures of this magnitude. IEA will help write bid specifications and evaluate the bids received. In the meantime, in order to proceed in a timely manner, staff is seeking City Council authorization to advertise for bids as soon as the bid specifications are completed. City Council approval will be required at a later date to designate the winning bid and authorize work to proceed. Per Resolution 02-181, staff is requesting authorization to advertise for bids for mold remediation in City Hall and the Police Station. Councilmember Carlson moved to adopt Resolution No. 02 — 182, as presented. Councilmember Dahl seconded the motion. Councilmember Carlson stated the City has spent $75,000 and are now looking at another $70,000 to $95,000. She stated it sound like this is the next step but hopes the City will discover the cause of the problem. She added she hopes that the City can recover some of these costs. Motion carried unanimously. Resolution No. 02 — 181 can be found in the City Clerk's office. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no report from the Public Safety Department. • PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 13 • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Consideration of Resolution No. 02 —177, Approving Deed Restriction for Clearwater Creek Park, Rick DeGardner — City Administrator Waite Smith advised the City of Lino Lakes was awarded a $125,000 Outdoor Recreation Grant from the Department of Natural Resources to assist with the development of Clearwater Creek Park. The grant agreement states, "The Grantee shall have the following condition recorded with the deed (s) to all lands within the park as it was described in the Agreement and submit an attested copy of the deed and the condition to the Grantor." The City Attorney has suggested we place a restrictive covenant on the property that was recorded as "Park" on the Clearwater Creek 3rd Addition final plat. The restrictive covenant states: "In order to comply with the Depaitment of Natural Resources Project agreement the City of Lino Lakes does hereby impose the following restrictions on the property: 1. The property shall be permanently managed and maintained for outdoor recreation purposes consistent with the approved grant agreement OR02-010. 2. The Grantee shall not at any time convert any portion of the park area to uses other than public outdoor recreation uses specified in this Agreement without the prior written approval from the Grantor." Resolution No. 02 — 177 directs the City Attorney to prepare the restrictive covenants identified above 1111 and authorizes the Mayor and Clerk to sign it. • Councilmember O'Donnell moved to approve Resolution No. 02 — 177, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 — 177 can be found in the City Clerk's office. Consideration of Resolution No. 02 —178, Approving Quitclaim Deed for Trail Easement, Outlot C, Pheasant Hills Preserve l lth Addition, Rick DeGardner — City Administrator Waite Smith advised City staff has attempted in the past several years to provide a trail connection in the northeastern portion of the Pheasant Hills Development (identified in the Comprehensive Park Plan and Development Guide as Trail No. 43. This trail would provide an additional connection to the Regional Park Reserve Trail System. Also, the trail would complement the trail recently completed adjacent to Timberwolf Trail and provide a nice loop for residents in the Pheasant Hills Development. Past attempts to make this trail connection a reality have not been successful. Last month, staff was approached by members of the Pheasant Hills Preserve Homeowners Association regarding providing a path in the northeastern area of Pheasant Hills. This trail is located in Outlot C of the Pheasant Hills 11th Addition. The approximately 700 feet long trail has recently been constructed with base material to raise it to the proper elevation. Also, two culverts to provide drainage have been installed. Four inches of aggregate and two inches of bituminous still need to be 14 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 installed to complete the trail. The Park Board has recommended approval of the following arrangement for City Council consideration: The Pheasant Hills Home Owners Association will provide the following: 1. A commitment to remove trees damaged by the path construction and removal of any fill material that has strayed from the construction area. (DONE) 2. A letter from the Rice Creek Watershed District indicating their approval of the construction recently done. (DONE) 3. A signed quitclaim deed providing a 20' wide trail easement where the existing trail is located. (DONE) The City of Lino Lakes will be responsible for the following: 1. Reimburse the owner of Outlot C $750 for the installation of the culverts. 2. Pay for the aggregate that will be installed by the owner of Outlot C. 3. Commit to asphalt the trail when funds become available. • 4. Continue this trail to connect with the existing Regional Park Reserve Trail System when funds become available. The estimated cost to complete the trail project, including material cost for the aggregate, installation of the bituminous, and extending the trail to the Regional Park Reserve Trail System is $35,000. Staff is recommending approval of Resolution No. 02 — 178, directing the City Attorney to execute the quitclaim deed for a twenty foot wide trail easement on Outlot C, Pheasant Hills 11th Addition. Councilmember Carlson asked who is executing the quitclaim deed. City Administrator Waite Smith advised the Pheasant Hills Home Association is executing the quitclaim deed. They are the ones that are providing the easement to the City. Councilmember Carlson stated the agreement does not spell that out. Councilmember O'Donnell asked about the possibility of the County sharing the costs of the trail connection as they have done in the past. City Administrator Waite Smith advised staff is looking into that possibility. Councilmember Carlson moved to adopt Resolution No. 02 — 178, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. • Resolution No. 02 — 178 can be found in the City Clerk's office. 15 • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Consideration of Resolution No. 02 —179, Receiving Bids and Awarding Playground Equipment Project for Highland Meadows Park, Rick DeGardner — City Administrator Waite Smith advised on Monday, December 2, 2002, bids were opened for the Highland Meadows Park playground equipment project. Four proposals were submitted. The playground equipment proposals were on display at City Hall December 9th — 12th Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the project. Staff believes Proposal B, from Little Tikes, offers the best package of playground equipment for Highland Meadows Park. Play equipment evaluations were based on a number of factors including equipment quality, safety considerations, aesthetic appeal, and the play experience provided. Also, residents overwhelmingly chose Little Tikes, Proposal B. Staff met with interested residents prior to tonight's Council meeting to make final decisions such as color selections. It is anticipated to install the playground equipment in April — May with area residents, a certified playground installer, and park maintenance staff. Staff is recommending the City award the Highland Meadows Park Playground Equipment Project to Flanagan Sales, Inc. (Little Tikes). The funding for this project is the Park Dedication Fund. Councilmember O'Donnell moved to adopt Resolution No. 02 — 179, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 — 179 can be found in the City Clerk's office. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Removing from Table, and Action on Resolution No. 02 —174, Approving Site Plan and Building Plans and Conditional Use Permit for Car Wash and Quick Lube, 7327 Lake Drive, Bob Kirmis, NAC - Mr. Kirmis advised Mr. Ray Benkler has requested approval of site and building plans and a conditional use permit to allow the construction of a full service carwash, a self- service carwash and a quick lube facility (within a single structure) upon a 1.6 acre site located west of Lake Drive between I -35W and Elm Street. While the applicable LI, Light Industrial district provisions do not specifically list carwashes as a permitted or conditional uses, the district does state that uses permitted in commercial zoning districts shall be allowed within LI districts. As a result, the use will be treated as a conditional use and processed accordingly. This review is based on the following plan submittals: Preliminary Site Plan dated 11/22/02 Grading, Drainage & Erosion Control Plan dated 11/22/02 Utility Plan dated 11/22/02 16 • • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Landscape/Tree Preservation Plan dated 11/22/02 Floor Plan dated 11/22/02 Building Elevations dated 11/22/02 Lighting Plan dated 10/16/02 TKDA Engineering Comments dated 11/5/02 Environmental Board Comments dated 11/4/02 ANALYSIS Site and Building Plan Review Property Legal Description. The subject property is described as part of Auditor's Subdivision # 54 and comprises two individual lots. As part of the CUP processing, the two lots which comprise the subject property should be legally combined. Access. Access to the subject site is to be provided via a 30 foot wide curb cut along Lake Drive. Appropriately, the access point is in direct alignment with Church Drive to the east. The acceptability of the proposed curb cut location and width as well as the need for associated roadway improvements (i.e. turn lanes) should however, be subject to comment and recommendation by the City Engineer and the Anoka County Highway Department. Circulation. The proposed use includes a full service carwash, a self-service carwash and a quick lube facility. Recognizing the co -existence of these activities, a well -conceived plan for site circulation is both very important and very challenging. As shown on the submitted site plan, site circulation is proposed to occur in a counter -clockwise fashion. While the proposed circulation pattern is considered well conceived and follows a natural tendency to "keep right", some concern exists in regard to a users understanding of the circulation pattern and a potential for congestion at the sites entry point. To address this concern, the applicants are proposing to separate site entry and exit areas with a landscaped median and identify desired site circulation routes with freestanding directional signage. To further identify desired traffic movements, pavement directional signage has also been proposed. Finally and since the Planning and Zoning Board meeting, the applicants have added a third stall to the full service wash preparation area as a means of lessening potential congestion at the site's point of entry Two circulation -related concerns exist in regard to the by-pass lane on the west side of the property. One concern relates to the necessary u -turn maneuvers that will occur west of the building where full service carwash vehicles move from the staging area to the conveyor area. It appears conceivable that such maneuvers could interfere with access to both the self-service carwash and quick lube facility. A second concern with the by-pass lane relates to the areas west of the self-service wash and quick lube facility where a potential overlapping of vehicular stacking could potentially occur. The applicant has indicated that the self -serve wash is to accommodate recreational vehicles. It appears 17 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 • likely that a recreational vehicle waiting to occupy the southerly self-service stall may block access to the quick lube stacking area. • While the applicant is encouraged to address the aforementioned concerns, it is acknowledged that such circulation issues are internal to the site and constitute more of an inconvenience to site patrons than a threat to public safety. Lot Size and Setbacks. The lot and building performance standards for properties within the LI District are listed below. As shown above, all applicable lot and building performance standards have been satisfied. Architecture/Building Materials. According to the Ordinance, the architectural appearance of the building may not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. As shown on the submitted building elevations, the building is to be finished in a combination of colored rock face block, face brick and stucco. Such materials are consistent with the building material requirements of the Ordinance Although the proposed building materials satisfy the requirements of the Ordinance, some concern exists in regard to the presentation of the building to Lake Drive. As proposed, the eastern facade of the building will consist of ten garage doors. To draw attention away from the garage doors, the applicant has proposed landscaped medians in the front of the building. Aside from "softening" the appearance of the building to Lake Drive passersby, the landscape medians also serve to channel • traffic throughout the site. 18 Required Proposed Lot size minimum 1 acre 1.6 acres Lot width minimum 150 feet 273 feet Setbacks — building Lake Drive side lot line rear lot line Setbacks - parking Lake Drive side lot line rear lot line 50 feet 10 feet 15 feet 15 feet 5 feet 5 feet 52 feet 26 feet 68 feet 15 feet 10 feet 15 feet Building height 45 feet 18 feet Green space 10 percent 29 percent As shown above, all applicable lot and building performance standards have been satisfied. Architecture/Building Materials. According to the Ordinance, the architectural appearance of the building may not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence. As shown on the submitted building elevations, the building is to be finished in a combination of colored rock face block, face brick and stucco. Such materials are consistent with the building material requirements of the Ordinance Although the proposed building materials satisfy the requirements of the Ordinance, some concern exists in regard to the presentation of the building to Lake Drive. As proposed, the eastern facade of the building will consist of ten garage doors. To draw attention away from the garage doors, the applicant has proposed landscaped medians in the front of the building. Aside from "softening" the appearance of the building to Lake Drive passersby, the landscape medians also serve to channel • traffic throughout the site. 18 • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Off-street Parking. The standards for calculating the off-street parking requirements for the proposed uses are outlined in Section 3, Subdivision 5 of the City Code. Use Ratio Requirement Full Service Carwash Spaces equal to five times the capacity of the operation plus one space for each employee (capacity of 6 vehicles with 6 employees*) 36 Self Service Carwash Spaces equal to five times the capacity of the operation plus one space for each employee (capacity of 2 vehicles with no employees*) 10 Oil/lube facility 2 spaces per service bay 4 Total 50 * Per information provided by the applicant The Ordinance does not indicate whether or not stacking spaces may be counted toward fulfilling this requirement. While the need for drying and employee stalls is obvious, it is believed that excluding stacking space from the off-street parking requirement for the carwash would result in an excessive off-street parking supply. Therefore, stacking spaces are considered acceptable off-street parking spaces. Including exterior stacking spaces, a total of 56 spaces are provided on site, exceeding that required by Ordinance. In accordance with applicable State requirements, two handicap stalls have been provided. At 18 feet in depth and 9 feet in width, all off-street parking stalls have been found to meet the minimum dimensional requirements of Section 3, Subd. 5 of the Ordinance. In regard to vehicular stacking space, the Ordinance states that stacking space associated with carwashes should accommodate the number of vehicles that can be washed during a maximum thirty - minute period and shall be subject to comment by the City Engineer. According to the applicant, it is anticipated that the full service carwash can accommodate 30 vehicles in a half hour period. As shown on the submitted site plan, four stacking lanes have been provided for the full serve carwash accommodating a total of 30 vehicles. 19 • • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Landscaping. As shown on the landscape plan, a variety of trees are proposed on site. Specifically, mixtures of Northwoods Red Maple and Hackberry trees have been proposed along Lake Drive. Additionally, shrub plantings have been proposed within the two medians (within the interior of the site) and clump grass has been proposed at the northwest corner of the building. As noted in the attached Environmental Board comments, concern existed in regard to the number of plantings provided on site. The Board has specifically recommended that additional trees be provided. As part of the revised submission, additional on-site plantings have been provided Tree Preservation. The tree preservation plan has been superimposed on the landscape plan. In consideration of the request, the Planning and Zoning Board recommended as a condition of site and building plan that the tree preservation plan be modified to indicate all significant trees on site and those to be saved. Such modification is not considered applicable as all tress are to be removed from the site. Curbing and Striping. As a condition of site and building plan approval, all off-street parking areas and associated drive lanes should be provided a continuous concrete curb. This includes the planting medians on the east side of the building where such curbing will both define the drive lanes and serve to protect the vegetation within such medians. Aside from the striping of off-street parking stalls (a standard ordinance requirement), it is recommended that the one-way bypass lane around the perimeter of the building be striped and thereby segregated from adjacent stacking lanes. Trash Enclosures. According to Section 3, Subd. 4.G of the Ordinance, all refuse and recyclable materials must be stored within the principal building or within an accessory structure (within a side or rear yard) that is totally screened from eye level view from neighboring uses and public rights of way. The applicant has indicated that trash will be stored indoors. Signage. The site plan illustrates a freestanding sign in the northeast corner of the site. As previously indicated, the applicant is proposing freestanding and pavement directional signage to identify desired traffic movements on the site. As a condition of site and building plan approval, all site signage must comply with the applicable requirement s of the Sign Code. Lighting. As required by ordinance, a lighting plan identifying illumination levels on the subject site has been provided. The proposed illumination levels and fixture details have been found to be acceptable. According to the plan, freestanding shoebox style fixtures have been proposed within parking areas while wall mounted fixtures have been proposed on the north, south and east sides of the building. 20 • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 According to the Ordinance, the source of lights should be hooded and controlled so as not to illuminate adjacent properties or public rights-of-way. More specifically, low -impact, downward - focused, low spill, low intensity fixtures should be used. Utilities. A utility plan has been submitted for review by the City Engineer. As a condition of site and building plan approval, the utility related modifications and comments as set forth in the City Engineer's memo should to be incorporated into the plans. Grading and Drainage. A grading and drainage plan has been submitted for review by the City Engineer. One noteworthy concern related to drainage involves the handling of wastewater from the self -serve carwash. Of particular concern at the Planning and Zoning Board meeting was the potential "dragging" of water toward the site's egress point (on Lake Drive) in the winter months and the potential for the creation of an ice slick. To address such concern, the applicant has proposed a 20 foot heated apron at the self-service carwash exit. As a condition of site and building plan approval, the grading and drainage related modifications and comments as set forth in the TKDA letter dated 11/5/02 should be incorporated into the plans. As an additional condition of approval, the applicant should secure a utility easement from the school district to allow the proposed sewer pipe to overlay school district property. Such easement should be secured prior to building permit issuance. CEPTED Review. The primary issues of the CEPTED review regard traffic flow through the development. The development has been redesigned to address these issues. Environmental Issues. The Environmental Board reviewed the request at their October 30, 2002 meeting and recommended approval. Their comments are attached to this report. Rice Creek Watershed District Review. The Rice Creek Watershed District (RCWD) has determined that the proposed development will not require a Watershed District Permit as the impervious surface coverage on the property does not exceed one acre. Development Agreement: Prior to the commencement of any site work, the applicant will be required to enter into a development agreement with the City and post all the necessary securities required by it. Conditional Use Permit As previously indicated, the applicant is requesting approval of a conditional use permit to allow a carwash within an I-1, Light Industrial zoning District (both drive-through and self-service carwashes are listed as conditional uses). 21 • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 In considering conditional use permit requests, the Ordinance states that the Planning and Zoning Board shall recommend approval and the City Council shall order the issuance of such permit only if it finds that such use at such location: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. Comment: The proposed use is not anticipated to be detrimental or endanger the public. 2. Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. Comment: The Comprehensive Plan suggests industrial use of the site. Within the applicable LI, Light Industrial zoning district, carwashes are considered a conditional use. Thus, the proposed land use satisfies the land use directives of the Plan. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. Comment: The building design is consistent with material requirements of the Ordinance and therefore will not negatively affect the essential character of the area. The proposed building is in fact anticipated to improve the appearance of the area. 4. Will be served adequately by essential public facilities and services, including street, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Comment: As a condition of project approval, the building will be adequately served by essential public facilities and services. 5. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Comment: This development is not expected to increase public costs, nor be detrimental to the economic welfare of the community. 6. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 22 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 S Comment: The proposed use of the property is not expected to create any excessive externalities that would be abnormal to the character of the area. 7. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. Comment: The site layout meets standards held within the City's Zoning Ordinance including turn lanes, access width, and access spacing/location. 8. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Comment: The applicant is currently working with the City Engineer to satisfy drainage related issues. 9. Will conform to specific standards of this ordinance applicable to the particular use. Comment: The proposed use will as a condition of approval meet the applicable requirements of the Ordinance. • OPTIONS. At their meeting on November 13, 2002, the Planning & Zoning Board considered the site and building plans and conditional use permit application and recommended approval subject to the conditions listed in resolution 02-174. In consideration of the request, the following options are available to the City Council: A. Approve the site and building plans/conditional use permit request based on the findings in Resolution 02-174 and subject to the conditions in the resolution. B. Deny the site and building plans/conditional use permit request. C. Table the application and request more information. Mr. Kirmis noted the comments that were received from the County on December 10, 2002. He also advised Council received information regarding additional landscaping in their packets. Staff recommends that the City Council approve the site and building plans/conditional use permit request as outlined in Resolution 02-174 (Option A). • Councilmember Carlson advised she had two concerns regarding this project. The site line issue has been addressed. She asked if there will be additional plantings. Mr. Kirmus advised the 23 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 • Environmental Specialist has indicated additional plantings can be provided on the four corners of the property. Additional plantings can not be provided along the eastern property line. • Councilmember Carlson stated not having plantings on the east side of the property concerns her. The letter from Anoka County seems to rule out any landscaping on that portion of the property. Mr. Kirmis advised it is the City's perogative to approve the landscaping plan. The proposed plan does not infringe on the site line as the County indicated in their letter. Councilmember Carlson read comments from the School District regarding the landscaping issue. She stated the School District is in favor of a buffer of trees between the properties. She advised she is also in favor of a buffer of trees. She stated she would also like to see plantings on the east side but does understand the safety issue. Mr. Kirmus stated the County has asked for 20 feet of additional right-of-way but has no legal authority to obtain it because this is not a subdivision. Councilmember Carlson clarified that any additional right-of-way is not a part of this evening's approval. Community Development Director Grochala stated the City has no authority to require the dedication of additional right-of-way. Acting Mayor Reinert asked if Councilmember Carlson is recommending that a motion to approve the plan include the buffering on the four corners and a buffer area on the school district property. Councilmember Carlson indicated that is her recommendation. She asked if the applicant is agreeable to that recommendation. Mr. Derick Lashman came forward and stated he is concerned because he just reviewed the letter from the County. He stated the applicant will work with the County and is willing to work with City staff regarding the landscaping. Community Development Director Grochala advised the date on the letter from the County is in error. Staff met with the County last Tuesday and a letter was received last Wednesday. Typically the County would request 60 feet of right-of-way. However, the City can not require the additional right- of-way because this is not a subdivision. At some point in the future the County may have to acquire the additional right-of-way. Acting Mayor Reinert asked if not having the additional right-of-way will affect the right turn lane. Community Development Director Grochala advised not having the additional right-of-way at this point should not affect the right turn lane. • Community Development Director Grochala continued indicating staff does have concern with the trees on the school district site even though they have indicated they are agreeable. The concern is if 24 • • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 the applicant does does not get that approval from the school district. Staff can address some additional screening and achieve a buffer if the Council wishes to do so. Acting Mayor Reinert stated the approval should be worded that an agreement has to be obtained from the school district to plant additional trees. Councilmember Carlson stated she does want trees on the school property but an agreement is needed with the school district. She indicated she was envisioning something similar to what was done in Blaine at the Home Depot. She read the Comprehensive Plan regarding landscaping. She stated staff and the City Attorney need to get the agreement from the school district. She stated she is disappointed that the City did not get more of a response from the applicant regarding this issue. Community Development Director Grochala advised staff and the applicant can accommodate the same screening on the applicant's property. Councilmember Carlson stated she was told there was not enough room to put screening on the applicant's property. However, if there is enough room and the same thing is accomplished, putting the buffer on the applicant's property is acceptable. Mr. Lashman stated he believes there is room to plant a buffer on the applicant's property. He stated the applicant will work with staff to have the buffer either put on the school district's property or the applicant's. Community Development Director Grochala suggested language be added as a condition that indicates additional buffering will be planted on the school district's property based on an agreement with the school district. City Attorney Sullivan advised the condition could be noted that a buffer needs to be planted on the applicant's property and as an alternative the buffer could be planted on the school district's property. Councilmember Carlson asked where the buffer could be planted on the applicant's property. Mr. Lashman referred to a drawing of the site plan and pointed out where the additional trees could be planted. City Attorney Sullivan advised it is the obligation of the applicant to come up with the screening either on his property or the school district's property. Community Development Director Grochala advised the condition could include that the applicant shall provide a buffer strip of plantings. He suggested that the Landscaping Plan be modified to incorporate additional screening along the westerly side of the development. Such screening would be in the form of coniferous plantings. The applicant may utilize adjacent school district property to satisfy this requirement provided that appropriate documentation, in a form approved by the city attorney, is provided granting permission by the school district to perform such activities. 25 • APPROVED COUNCIL MINUTES DECEMBER 16, 2002 The applicant came forward and advised he would like to keep as much plantings as possible on his property. If necessary plantings could be placed on the school district property or plantings could be placed on a combination of both properties. Councilmember Carlson moved to adopt Resolution No. 02 —174, with the added condition that the applicant shall provide a buffer strip of plantings as stated by Community Development Director Grochala. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 — 174 can be found in the City Clerk's office. Consideration of Resolution No. 02 —190, Approving Change Order No. 1 and Pay Request No. 1, Twilight Acres Utility Improvements, Jim Studenski — City Engineer Studenski advised at the September 10, 2001, meeting the City Council received the bids for the referenced project. The low bid was received from Volk Sewer and Water, Inc. in the amount of $257,373.50. Since that time the City has had to obtain the well variances from the residents. Not all the residents were cooperative and changes had to be made to the plan design. The Minnesota Department of Health also required additional changes related to the locations of the existing wells. City staff has continued to move forward with the project due to the failing septic system issues that initiated this project, including receiving CDBG Funding and the costs already incurred by the city to this point. • The Change Order addresses the change in quantities and bid items associated with the well variances and Minnesota Department of Health. It is staff's recommendation to approve Change Order No. 1, which results in a total project cost increase of $33,108.90 and authorizes Payment No. 1 of $90,123.03. Councilmember O'Donnell moved to adopt Resolution No. 02 —190, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 —190 can be found in the City Clerk's office. Consideration of Resolution No. 02 —191, Awarding Contract Pond and Ditch Cleaning, Jim Studenski — City Engineer Studenski advised quotes were received and publicly opened on December 10, 2002. The results of the quotes are presented below. City Council action is required to award a contract to the lowest responsible bidder. Contractor Amount of Bid Arnt Construction Company, Inc. $49,731.70 C.W. Houle, Inc. No Bid Glen Rehbein Excavating No Bid Ro-So Contracting No Bid W.B. Miller, Inc. No Bid 26 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Staff received calls from most of the bidders and they were unsure about placing a bid due to the competitiveness of this type of work. This project will perform the necessary maintenance work as part of the Surface Water Management Projects. The funding for this work is provided by the Surface Water Management Fund. This fund was established in 1992 as a revenue source in order to meet the "administrative, planning, ponding, mitigation, and water quality needs" of the City. It is reimbursed through assessments to new subdivisions and is also collected as property owners connect to City utilities. Councilmember Carlson asked how it is determined what areas the pond and ditch cleaning will be completed in. City Engineer Studenski advised that was determined by complaints that were received this past summer. The areas are where there are problems and the ponds and ditches need work to get back to the original design. Councilmember Carlson moved to adopt Resolution No. 02 — 191, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 — 191 can be found in the City Clerk's office. Consideration of Resolution No. 02 —192, Authorizing Eminent Domain Process, Elm Street Construction, Jim Studenski — City Engineer Studenski advised due to the deteriorating condition of Elm Street between Sunset Road and Grey Heron Drive, the City Council authorized the preparation of plans and specifications for the Elm Street Reconstruction project. As part of this project, acquisition of additional right-of-way is necessary for the completion of the street and storm sewer construction. In order to meet the spring construction schedule, the Eminent Domain process must start in the next couple of weeks. The City will continue to pursue the acquisition of land through negotiations with the property owners. However, if those negotiations breakdown, the Eminent Domain process must be in place to meet the construction schedule. Councilmember Dahl moved to adopt Resolution No. 02 — 192, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. Resolution No. 02 — 192 can be found in the City Clerk's office. Consideration of Resolution No. 02 —193, Authorizing Eminent Domain Process, 62"d Street Reconstruction, Jim Studenski — City Engineer Studenski advised that due to the continued development and growth of the area increasing the traffic on this road and the deteriorating condition of 62nd Street between Ware Road and Red Maple Lane, the City Council authorized the preparation of plans and specifications for the 62nd Street Reconstruction project. As part of this project, acquisition of additional right-of-way is necessary for the completion of the street and storm sewer construction. In order to meet the spring construction schedule, the Eminent Domain process must start in the next couple of weeks. 27 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 • The City will continue to pursue the acquisition of land through negotiations with the property owners. However, if those negotiations breakdown, the Eminent Domain process must be in place to meet the construction schedule. • • Councilmember O'Donnell moved to adopt Resolution No. 02 —193, as presented. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02 —192 can be found in the City Clerk's office. UNFINISHED BUSINESS October 28, 2002 Council Meeting Minutes — Councilmember Dahl requested this item be removed from the agenda. She stated she had not had time to review the video tape. November 25, 2002, Council Meeting Minutes — Councilmember Carlson referred to page 17, paragraph 7, and corrected the first sentence to read "Councilmember Carlson stated some of the right-of-way, such as by the homes, is only 40 feet from center." Councilmember Carlson referred to page 18, paragraph 7, and corrected the second sentence to read "She asked if the City is going to do improvements and landscape on Highway 49." Councilmember O'Donnell moved to approve the November 25, 2002, Council Meeting Minutes, as amended. Councilmember Carlson seconded the motion. Motion carried unanimously. NEW BUSINESS - None COMMUNITY CALENDAR DECEMBER 17, 2002 THROUGH JANUARY 13, 2003: City Hall Closed, Tuesday, December 24, 2002 City Hall Closed, Wednesday, December 25, 2002, Christmas Day City Hall Closed, Tuesday, December 31, 2002 City Hall Closed, Wednesday, January 1, 2003, New Year's Day Park Board Meeting, Monday, January 6, 2003, 6:30 p.m. Planning and Zoning Board Meeting, Wednesday, January 8, 2003, 2002, 6:30 p.m. Council Work Session, Wednesday, January 8, 2003, 5:30 p.m. EDAC Meeting, Thursday, January 9, 2003, 7:00 a.m. Charter Commission Meeting, Thursday, January 9, 2003, 7:00 p.m. 28 APPROVED COUNCIL MINUTES DECEMBER 16, 2002 et Public Safety Citizen's Academy begins, Thursday, January 9, 2003, 7 —10 p.m.; Centennial Fire Station #2, 7741 Lake Drive (each Thursday evening through February 20, 2003) City Council Meeting, Monday, January 13, 2003, 6:30 p.m. ADJOURN There being no further business, Councilmember Dahl moved to adjourn at 9:28 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 27, 2003. Ann Blair,,qity Clerk John Berges n, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc.