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Home My WebLink About01/22/2007 Council Minutes (3)COUNCIL MINUTES January 22, 2007 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : January 22, 2007 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:50 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 and Mayor Bergeson 10 MEMBERS ABSENT : Councilmember Stoltz 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, William Hawkins; 13 Community Development Director, Michael Grochala; Administration Director, Dan Tesch (part); 14 Jim Studenski, City Engineer, and City Clerk, Julie Bartell 15 16 OPEN MIKE 17 18 No one was present for open mike. 19 20 SETTING THE AGENDA 21 22 The agenda was approved as presented. • 23 24 CONSENT AGENDA 25 26 Council Member Carlson moved to approve the Consent Agenda as presented. Council Member 27 O'Donnell seconded the motion. Motion carried unanimously. 28 29 ITEM ACTION 30 31 Consideration of Expenditures: 32 33 January 22, 2007 (Check No. 79146 - 34 79274, $586,488.56) Approved 35 36 Centennial Fire District (Check No. 15444- 37 15455, $2,584.06) Approved 38 39 January 3, 2007, 2007 Council Work Session 40 Minutes Approved 41 42 January 8, 2007 City Council Meeting 43 Minutes Approved .44 45 COUNCIL MINUTES January 22, 2007 APPROVED .46 FINANCE DEPARTMENT REPORT, AL ROLEK 47 48 There was no report from the Finance Department. 49 50 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 51 52 Advisory Board Applications — Director of Administration Tesch explained that the annual council 53 process for interviewing applicants for appointment to council advisory boards has concluded and the 54 resulting recommendations are presented for council approval. The appointment recommendations 55 were reached by voting of the council members. All those who applied for appointment will be 56 notified of the results. 57 58 Council Member Reinert moved to approve the appointments as presented. Council Member 59 O'Donnell seconded the motion. Motion carried unanimously. 60 61 Accept Pay Equity Report — Director of Administration Tesch noted that state rules require a 62 compliance report every three years. Last year, the City of Lino Lakes reviewed and determined 63 compliance with the assistance of Springstead, a labor consultant. If accepted by the council, the 64 report will be forwarded to the State. 65 66 Council Member O'Donnell moved to approve the report as presented. Council Member Reinert 67 seconded the motion. Motion carried unanimously. • 68 69 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 70 71 There was no report from the Public Safety Department. 72 73 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 74 75 There was no report from the Public Services Department. 76 77 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 78 79 Consideration of Resolution No. 07-17, Approving Right -of -Way Acquisition for the Lake Drive 80 Improvement Project — Community Development Director Grochala reviewed the written report 81 stating that as part of the project to reconstruct the Lake Drive/I35W Interchange, sixteen parcels were 82 identified for acquisition. Agreements have been reached for the city to directly purchase fifteen of 83 those parcels. The resolution before the council identifies the purchase price for those fifteen parcels; 84 staff is recommending approval. 85 86 Bernadine Skoglund, 7481 Lake Drive, addressed the council. She indicated that she had delivered a 87 letter addressed to four council members earlier in the day. She read the letter that outlined her 88 questions about the fifteen foot construction easement that is requested by the city. The easement •89 was originally requested for 1.583 years but changed to 2.5 years without notification to the property 90 owners. She would like to know how much dirt will be removed and how will the top soil will be 2 COUNCIL MINUTES January 22, 2007 APPROVED 41) 91 replaced; if her front yard is going to be destroyed and construction equipment parked for 2.5 years, 92 she'd like some insurance in place. Will damaged or lost trees be replaced? The description of the 93 property isn't complete as it includes no property identification number (PIN). She doesn't believe 94 there is a contract in place that specifically states the information she desires. She has requested that 95 the real estate taxes on the property in question be pro -rated based on the easement but Mr. Wilson 96 has told her that is not possible. Also the plans for rerouting her driveway are not acceptable. 97 98 Dan Wilson, Wilson Development Services, responded. He stated that there are in fact agreements in 99 place, signed and notarized, for Ms. Skoglund's property. The questions the council has heard have 100 been answered to Ms. Skoglund as honestly and to the fullest extent possible. To reiterate, an offer 101 regarding the temporary easement was presented to the Skoglunds in September and included 102 information on possible disruptions; the length of time requested for the easement was extended but 103 Ms. Skoglund was notified and offered additional compensation. He clarified that because the city is 104 requesting 2.5 years doesn't mean the disruption to her property will be continuous but that is the 105 period of time during which there could be some disruption. The extended period also allows for 106 final reparations after the project is complete. Regarding the placement of construction equipment, 107 Mr. Wilson explained that he wouldn't anticipate that this narrow area of 15 feet would allow for too 108 much equipment. Regarding concerns about the driveway relocation, they were heard and additional 109 compensation offered. The prorating of property taxes is typically associated with the sale of a whole 110 property. In this case the property is a piece of a whole and prorating wouldn't be practiced or 111 practical. 112 •113 City Attorney William Hawkins responded to the question of the incomplete legal description. The 114 city would use a right-of-way plat as allowed by state law; the plat would be recorded and a PIN 115 assigned. 116 117 Community Development Director Grochala explained that the timeline for the project is directly 118 associated with the decision to keep Lake Drive open. Keeping the roadway open was deemed to be 119 important but means that the project must be staged. Regarding the Skoglund driveway, the 120 relocation plans place it as close/far to public property as possible within the project. Future 121 development in the area is possible and is being considered for the roadway plans. Since it is a local 122 roadway, the city will have a major role and consideration. Regarding grading upon completion of 123 the project, the lot in question is generally higher than the roadway so drainage would generally be 124 towards the street. The restoration of the temporary easement typically includes reestablishment of 125 turf. Relative to the staging of construction equipment during the project, there is city owned land in 126 the area and the intent would be to stage the equipment on that property as much as possible. 127 128 Mr. Wilson added that properties are professionally appraised up front taking into consideration all 129 aspects of the property, including trees, and the appraisal and eventual settlement offer includes that 130 consideration. The appraiser looks at the property with the owner in order to get their input. 131 132 Ms. Skoglund added that she has requested a more detailed contract than the warranty deed and 133 temporary easement deed that are in place. 34 3 COUNCIL MINUTES January 22, 2007 APPROVED 10135 Staff was directed to continue to communicate with Ms. Skoglund on her concerns and provide as 136 many details as possible. It was clarified that the action before the council at the time relates to price 137 and not necessarily details. 138 139 City Attorney Hawkins recommended approval of the negotiated prices presented by staff. 140 141 A list of compensation related to damages to the Skoglund property was requested. 142 143 Council Member Reinert moved to approve Resolution 07-17 as presented. Council Member 144 O'Donnell seconded the motion. Motion carried unanimously. 145 146 Consideration of Resolution No. 07-11, Approving a Preliminary Development Agreement with 147 Anderson Builders — Economic Development Coordinator Divine reported that the city was 148 contacted by Anderson Builders with a request for exclusive development right for a three acre parcel 149 of city owned property on Lake Drive north of 77th Street. Their preliminary plans for commercial 150 development are consistent with current zoning and the city's Comprehensive Plan. The agreement 151 would be in place for a period of six months and Anderson will inform the city of progress on their 152 plans. The Economic Development Advisory Committee recommends approval of the preliminary 153 agreement. 154 155 Greg Anderson, Anderson Builders, addressed the Council. He noted that his company has 156 experience working in the vicinity and with cities. They plan to return within the six months granted 10157 with design ideas that are in line with city goals, site feasibility and area market potential. A mix of 158 commercial services is likely. He recognizes the need to honor that the agreement will be in place for 159 only six months. 160 161 Council Member Carlson moved to approve Resolution No. 07-11 as presented. Council Member 162 O'Donnell seconded the motion. Motion carried unanimously. 163 164 Consideration of Resolution No. 07-18, Authorizing Preparation of a Water Treatment Facility 165 Feasibility Study — Community Development Director Grochala outlined the written report. The 166 city's existing water system meets health requirements without additional treatment. The presence of 167 iron and manganese in the water supply, however, raises some aesthetic and utility concerns. 168 Additional water treatment based on the current low level of complaints isn't warranted, however, 169 because adding a treatment facility would be a complex matter, staff believes it would be prudent to 170 consider advance planning and have a feasibility study in place. Therefore staff is recommending that 171 the city engage the firm of TKDA to complete a water treatment feasibility study for a not to exceed 172 cost of $35,100 payable from the Trunk Utility Fund. 173 174 Council Member O'Donnell moved to approve Resolution No. 07-18 as presented. Council Member 175 Reinert seconded the motion. Motion carried unanimously. 176 177 Consideration of Resolution No. 07-19, Approving Change Order No. 3, Legacy at Woods Edge �78 — Phase 2, Street Lighting Contract — Community Development Director Grochala outlined the 179 request for approval of a change order for street lighting improvements. This requested increase is 4 COUNCIL MINUTES January 22, 2007 APPROVED • 80 due to an error in the estimate for underground wiring relating to both an increase in materials costs 181 and additional materials. A portion of the increase will be reimbursed by the engineering firm, SEH 182 Inc. 183 184 Council Member Carlson moved to approve Resolution No. 07-19 as presented. Council Member 185 Reinert seconded the motion. Motion carried unanimously. 186 187 Consideration of Resolution No. 07-20, Approving Change Order No. 1, Legacy at Woods Edge 188 - Phase 3, Streetscaping Improvements — Community Development Director Grochala explained 189 that a change order is requested for this streetscaping contract with Jay Brothers. The increase to the 190 contract represents field changes and staff requested alterations and funding is included in the project 191 budget. 192 193 Council Member Reinert moved to approve Resolution No. 07-20. Council Member O'Donnell 194 seconded the motion. Motion carried unanimously. 195 196 2007 Pavement Management Program — Consideration of Resolution No. 07-14, Authorizing 197 Preparation of Plans and Specifications for the 2007 Seal Coat Project — City Engineer Studenski 198 reported that the city has a pavement policy that include an annual seal coating program for identified 199 streets. He estimates that this year's program will include approximately 7 miles of roadway. The 200 request before the council is authorization to prepare the plans and specifications; staff will return 201 with a recommendation on what streets to include in the project. W202 203 Council Member O'Donnell moved to approve Resolution No. 07-14 as presented. Council Member 204 Carlson seconded the motion. Motion carried unanimously. 205 206 2007 Pavement Management Program — Consideration of Resolution No. 07-13, Authorizing 207 Preparation of Plans and Specifications for the 2007 Overlay Project — City Engineer Studenski 208 reported that overlaying of streets is also included in the city's pavement policy and staff is preparing 209 for the 2007 projects. The overlay work is generally more extensive than the seal coating and, again, 210 staff will return with a recommendation on what streets to include. 211 212 City Engineer Studenski verified that there are three categories of street work — seal coating, overlay 213 and reconstruction, and currently the city is only dealing with two. 214 215 The council requested that a discussion road reconstruction issues be included in their upcoming goal 216 setting session. Inclusion of the Charter Commission in that discussion was suggested. 217 218 Council Member Reinert moved to approve Resolution No. 07-13 as presented. Council Member 219 O'Donnell seconded the motion. Motion carried unanimously. 220 221 UNFINISHED BUSINESS 222 .23 There was no Unfinished Business. 224 5 COUNCIL MINUTES January 22, 2007 APPROVED •225 NEW BUSINESS 226 227 There was no New Business. 228 229 COMMUNITY CALENDAR NOVEMBER 28 THROUGH DECEMBER 8, 2006: 230 231 A) Thursday, February 1, 7:00 a.m., EDAC 232 B) Monday, February 5, 6:30 p.m., Park Board 233 C) Wednesday, February 7, 5:30 p.m., Council Work Session 234 D) Monday, February 12, 6:30 p.m., Council Meeting 235 ADJOURN 236 237 There being no further business, Council Member Carlson moved to adjourn at 7:48 p.m. Council 238 Member O'Donnell seconded the motion. Motion carried unanimously. 239 240 These minutes were considered and approved at the regular Council Meeting, February 12, 2007. 241 242 0243 244 C_ AV81,44#P4 245 Julia - Bartell, City Cle k John Bergeson, Mayor 246 •