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Home My WebLink About04/08/1996 Council MinutesCOUNCIL MEETING APRIL 8, 1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : April 8, 1996 . 6:30 P.M. . 7:01 P.M. : Bergeson, Lyden, Neal : Kuether, Landers gr Staff Members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Parks and Recreation Director, Marty Asleson; Community Development Director, Brian Wessel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Bergeson moved to approve the Consent Agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. MINUTES: March 11, 1996, approved as presented DISBURSEMENTS: March 29, 1996, approved as presented April 8, 1996, approved as presented Centennial Fire District, approved as presented Municipal Well No. 3, approved as presented, E. H.Renner & Sons, $11,226.63 OPEN MIKE No one spoke under open mike. Consideration of a Noise Ordinance (Continue the consideration of this ordinance until April 22, 1996) - Mr. Schumacher explained that the City is in the process of drafting some amendments related to construction in the Noise Ordinance. These draft amendments deal with construction noise and activity in neighborhoods on weekends and after hours. They have been discussed at some Council Work sessions. Originally, these draft amendments were scheduled to be discussed at tonight's meeting and a notice was placed in the newspaper. However, additional staff input is needed before the matter is brought before the City Council for their consideration. PAGE 1 COUNCIL MEETING APRIL 8,1996 Mr. Schumacher explained that the City Council can take citizen input tonight, however, he asked that action of the matter be tabled until the next Council work session. Council Member Lyden moved to table this matter until April 22, 1996. Council Member Bergeson seconded the motion. Motion carried unagimously. PUBLIC HEARING, CONSIDERATION OF OFF -SALE LIQUOR LICENSE FOR STEVE ARHIP, 7860 LAKE DRIVE, MARILYN ANDERSON Mrs. Anderson explained that Mr. Steve Arhip has applied for an off -sale liquor license for the Simonson's garage building, 7860 Lake Drive. This property is zoned Central Business and an off -sale liquor establishment is a permitted use. Mr. Arhip does have a lease agreement with the owners of the property. Mr. Arhip has presented a floor plan for the off -sale liquor business indicating where the liquor will be stored and displayed. A background investigation has been completed by the Lino Lakes Police Department. A copy of the report is on file in the Clerk's office and will not be made public because of Data Privacy requirements. The report is generally positive. Mr. Arhip does not have a criminal history. Dram Shop insurance and worker's compensation insurance certificates have been received. Mr. Arhip is planning to open his business June, 1, 1996. The license fee for the remaining license period is $8.33. This license, as well as all other liquor licenses, must be renewed by July 1, 1996. If the City Council approves the request for an off -sale license, the application and insurance information will be forwarded to the Minnesota Liquor Control Commission for their review and approval. Acting Mayor Neal opened the public hearing at 6:37 P.M. and asked if there was anyone in the audience who wanted to speak about this license application. There was no one. Also there were no questions from the City Council. Council Member Bergeson moved to close the public hearing at 6:38 P.M. Council Member Lyden seconded the motion. Motion carried unanimously. Council Action on Request for Off -Sale Liquor License - Council Member Lyden moved to approve an off -sale liquor license for Steve Arhip for 7860 Lake Drive. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 2 COUNCIL MEETING APRIL 8,1996 CONSIDERATION OF RESOLUTION NO. 96 - 42 ACCEPTING DONATION FROM THE VFW POST #6583, LADIES AUXILIARY Mr. Schumacher explained that one goal of the Police Department is to ensure that the D.A.R.E. Program will be totally funded through donations fr,m the community. The Ladies Auxiliary, VFW Post #6583 is aware of this goal and has donated $1,500.00 toward the cost of administering the program in the local elementary schools. The purpose of Resolution No. 96 - 42 is to publicly thank the Ladies Auxiliary, VFW Post #6583 for their generous donation. Mr. Schumacher noted that the D.A.R.E. Program has been well supported by the community. He also noted that the Police Department is doing a tremendous job to make the program successful. Council Member Bergeson moved to adopt Resolution No. 96 - 42 Accepting the Donation from the Ladies Auxiliary, VFW Post #6583. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 42 can be found at the end of these minutes. CONSIDERATION OF THE PARK BOARD GOALS FOR 1996 AND A REQUEST TO SPEND DEDICATED PARK DOLLARS, MARTY ASLESON Mr. Asleson explained that each year the Park and Recreation Board reviews the goals and priorities outlined in the Parks and Recreation Comprehensive Plan in a planning work session setting. The priorities and the budgets are compared to determine if all the goals can be funded. The end result of the work session is the preparation of a list of goals that are intended to be funded from the Dedicated Park Fund. A list of the goals was given to the City Council in their packets. The cost of implementing these goals is $93,000.00. As of December 31, 1995, the fund balance in the Dedicated Parks Fund was $249,000.00. Another $73,000.00 of this balance is committed for 1995 uncompleted projects. Mr. Asleson recommended that the City Council accept the request of the Park and Recreation Board to spend dedicated park dollars to implement the 1996 goals. Council Member Bergeson moved to adopt Mr. Asleson's recommendation. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 38, Accept Feasibility Report, Pheasant Hills Preserve, 7th Addition - Mr. Ahrens explained that at the December 18, 1995 Council meeting, the City Council declared the petition adequate and ordered preparation of a PAGE 3 COUNCIL MEETING APRIL 8,1996 report for the Pheasant Hills Preserve, Seventh Addition street and utility improvements. The report is complete and, in accordance with Minnesota State Statutes 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council. Mr. Ahrens noted that no public hearing is planned for this pr,ject because the property owner has waived his right to a public hearing. The developer has also requested that the 60 day waiting period for City Council action be reduced to 10 days. Council Member Bergeson moved to adopt Resolution No. 96 - 38. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 38 can be found at the end of these minutes. Consideration of Resolution No. 96 - 02, Award Construction Contract, Marshan Lake Condominium Street and Utility Improvement - Mr. Ahrens explained that on December 18, 1995, the City Council ordered the improvement of the Marshan Lake Condominiums. Bids were advertised and 13 sealed bids were received and opened on Thursday, January 18, 1996. The low bid of $540,153.40 was received from C. W. Houle, Inc. A bid alternate was included in the bid form to extend sanitary sewer to properties south of Aqua Lane. The property owners have since indicated to staff that they do not want this sewer extension. C. W. Houle, Inc. has worked for the City on past projects including Clearwater Creek, Wenzel Farms, Wenzel Farms, Third Addition and Apollo Drive Phase II. C. W. Houle, Inc. is a reputable contractor capable of performing the required work. The construction costs (excluding the bid alternate) for this project are estimated to be funded as follows: Special Assessments to Pheasant Hills Preserve, Seventh Addn. $501,864.40 City's Area and Unit Fund 38,289.00 TOTAL $540,153.40 The City's portion of this project includes the cost of jacking the trunk watermain under Highway #49 and oversizing the watermain to a trunk watermain. The Development Contract has been signed by the developer and the Letter of Credit has been submitted to the City. It is anticipated that construction will begin this month and, per the Contract, will be substantially completed by July 31, 1996. PAGE 4 COUNCIL MEETING APRIL 8,1996 Mr. Ahrens recommended that the City Council adopt Resolution No. 96 - 02, awarding a construction contract for the Marshan Lake Condominiums street and utility improvements to C. W. Houle, Inc. Council Member Lyden moved to adopt Resolution No. 96 - .42. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 02 can be found at the end of these minutes. Consideration of Resolution No. 96 - 26 Award Construction Contract, Fourth Avenue Trunk Utility Improvements - The City Council ordered the improvement for the Fourth Avenue Trunk Utility Improvements at the January 22, 1996 Council meeting. On February 21, 1996, 10 sealed bids were received and opened. S. R. Weidema, Inc. was low bidder, with a bid of $342,454.73. The City's consulting engineer, John Powell, TKDA, Inc. has performed a thorough reference check on S. R. Weidema, Inc., and has found that S. R. Weidema, Inc., has performed the same type of work in other communities. Based on Mr. Powell's review, S. R. Weidema, Inc. is a reputable contractor capable of performing the required work. The construction costs of this project will be paid by the Area and Unit Fund collected from the Behm's Century Farms Development. The Development Contract has been signed by the developer and the Letter of Credit has been submitted to the City. It is anticipated that construction will begin this month and per the Contract, will be substantially completed by May 31, 1996. Mr. Ahrens recommended that the City Council adopt Resolution No. 96 - 26 awarding a construction contact for the Fourth Avenue Trunk Utility Improvements to S. R. Weidema, Inc. Council Member Bergeson moved to adopt Resolution No. 96 - 26 as recommended by Mr. Ahrens. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 26 can be found at the end of these minutes. Consideration of Resolution No. 96 - 41, Approve Plans and Specifications and Order Advertisement for Bids, Birch Street Watermain - Mr. Ahrens explained that this project is City initiated and would require a four-fifths (4/5) majority vote of the City Council. Since there are only three (3) Council Members present this evening, Mr. Ahrens asked that the City Council table consideration of this matter until April 22, 1996. • Council Member Lyden moved to table this item until April 22, 1996. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 5 COUNCIL MEETING APRIL 8,1996 CONSIDERATION OF A MOTION TO RESCIND COUNCIL APPOINTMENTS OF MARCH 25, 1996, RANDY SCHUMACHER Mr. Schumacher explained that the City Council took action to make annual appointments on March 25, 1996. The annual appointment prpcess was as follows; the vacancies were advertised and interviews were conducted on three (3) different days over a period of about two (2) weeks. The City Council ranked the candidates who they felt were best qualified for the appointments. A tabulation of points for each candidate was prepared. However, during the tabulation, an error occurred. The City Council did not realize that there was an error until after the appointments were made. At the last work session, the City Council decided to repeat the evaluation process. The matter will be discussed at the next work session and placed on the April 22, 1996 regular Council agenda for Council action. Mr. Schumacher said based on the conversation at the last Council work session, a motion to rescind the motion made on March 25, 1996 regarding annual appoints should be adopted this evening. Council Member Bergeson moved to rescind the motion made on March 25, 1996 regarding annual appointment and place the issue of annual appointments on the April 22, 1996 Council agenda. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS Senior Housing Update - Mr. Schumacher explained that staff has been receiving information about the new senior housing project. There were two (2) major items that the City Council requested staff to research. The first matter involved the delay of opening some of the units and the second issue was the unsightly construction that was taking place and the debris that was left at the sight. After investigation, it was determined that there were a couple of reasons for the delays. The first reason was the road restrictions. Only partial loads of concrete could be trucked to the sight. The second reason involved some communication problems dealing with gas connections to the units. Mr. Schumacher explained that he had a discussion with the gas provider and the units are being connected in a timely manner. The unsightliness of the project should be resolved because Mr. Schumacher has contacted the owner of the project to voice his concerns. Dumpsters are now on the project and the site is being cleaned. Mr. Schumacher explained that overall, things are coming together. Warm weather will thaw some of the debris so that it too can be removed and all of the units should be connected to the gas utility by the end of the week. Acting Mayor Neal noted that Mr. Ross was in the audience. Mr. Ross had recently moved into one of the senior cottages. PAGE 6 COUNCIL MEETING APRIL 8,1996 Council Member Bergeson explained that after the matter was brought to the attention of the City Council, he visited the site and found that it was terrible. NEW BUSINESS fir Consideration of Renewal of Gambling License for Centennial Fire Relief Association - Mrs. Anderson explained that a gambling license was issued to the Centennial Fire Relief Association to conduct lawful gambling at Miller's on Main beginning June 1, 1995. The license will expire on June 1, 1996 and they have requested that their gambling license be renewed. The Centennial Fire Relief Association has been conducting lawful gambling in the City of Lino Lakes since the lawful gambling laws were enacted. Since the Centennial Fire District serves three (3) communities (Lino Lakes, Centerville and Circle Pines), proceeds from their gambling activities support many activities in all three (3) communities. Specifically during the past year, the Centennial Fire Relief Association gambling proceeds have supported the school patrol programs, the drug free program, the Boy Scout Troops and the annual Safety Camp at Rice Lake Elementary School. They have purchased bicycles for police patrol in addition to setting aside money for the purchase of equipment for the Centennial Fire District. During the past year, money has been set aside to upgrade some traffic signs in this community. All of the proceeds from lawful gambling conducted by the Centennial Fire Relief Association are returned to the community. Mrs. Anderson recommended that the City Council adopt a motion approving the renewal of the gambling license for the Centennial Fire Relief Association. Council Member Lyden's moved to adopt Mrs. Anderson's recommendation. Council Member Bergeson seconded the motion. Motion carried unanimously. REMINDER, Board of Review, Monday, April 15, 1996, 6:30 P.M. Set Special Economic Development Authority Meeting, Monday, April 29, 1996, 5:00 P.M. to Consider a Development Agreement with Taymark and with Northern Wholesale - Council Member Bergeson moved to set this meeting as proposed. Council Member Lyden seconded the motion. Motion carried unanimously. Set a Special Council Meeting, Monday, April 29, 1996, 5:30 P.M. to Consider an Environmental Assessment Worksheet for the Centennial Middle School, Site Plan Review to Taymark and Site Plan Review for Northern Wholesale - Council Member Lyden moved to set this meeting as proposed. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Lyden moved to close the Council meeting at 7:01 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 7 COUNCIL MEETING APRIL 8, 1996 These minutes were considered, corrected and approved at a regular Council meeting on April 22, 1996. Nc Marilyn G. Anderson Clerk -Treasurer J L. Landers, Mayor PAGE 8 Council Member Lyden adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 96-02 RESOLUTION AWARDING A CONSTRUCTION CONTRACT - MARSHAN LAKE CONDOMINIUM STREET AND UTILITY IMPROVMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of Marshan Lake Condominium Street and Utility Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name C. W. Houle, Inc. S.J. Louis Construction Kadlec Excavating Bonine Excavating Forest Lake Contracting Northdale Construction Rehbein Excavating S. M. Hentges Ryan Contracting Arcon Excavating Richard Knutson Brown & Cris Kober Excavating Bid Amount $540,153.40 $575,238.00 $573,522.90 $593,157.45 $594,387.50 $594,926.36 $593,406.00 $630,402.00 $617,256.75 $633,334.69 $640,058.66 $648,090.40 $677,465.82 Bid Alternate Total Bid $24,215.00 $564,368.40 $18,039.00 $593,277.00 $29,435.00 $602,957.90 $24,430.85 $617,588.30 $29,175.00 $623,562.50 $28,832.18 $623,758.54 $35,608.50 $629,014.50 $18,450.00 $648,852.00 $36,805.00 $654,061.75 $31,670.15 $665,004.84 $31,957.70 $672,016.36 $34,547.50 $682,637.90 $29,879.99 $707,345.81 AND WHEREAS, it appears that C. W. Houle, Inc., 1300 West County Road I, Shoreview, Minnesota 55126 is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with C. W. Houle, Inc., of Shoreview, Minnesota, in the name of the City of Lino Lakes for the Marshan Lake Condominium Street and Utility Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk for the base bid amount of $540,153.40. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 8th day of April, 1996. G. Anderson, Clerk -Treasurer hn L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal. The following voted against same: None, Council Member Kuether and Mayor Landers were absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 11, 1996. Marilyn G. Anderson, Clerk -Treasurer • Council Member Bergeson resolution and moved its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 96-26 * RESOLUTION ACCEPTING BIDS FOR THE FOURTH AVENUE TRUNK UTILITY IMPROVEMENTS. WHEREAS, Pursuant to an advertisement for bids for the Fourth Avenue Trunk Utility Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid S. R. Weidema, Inc. $342,454.73 17600 113th Avenue North Maple Grove, Minnesota 55369 F. M. Frattalone $379,512.50 3066 Spruce Street St. Paul, Minnesota 55117 Kadlec Excavation of Mora, Inc. $391,370.05 Route 5, Box 81 Mora, Minnesota 55051-9301 Richard Knutson, Inc. $393,322.19 12585 Rhode Island Avenue South Savage, Minnesota 55378 Bonine Excavating, Inc. $402,249.45 12669 Meadowvale Road Elk River, Minnesota 55330 S. J. Louis Construction, Inc. $422,266.30 7284 County Road 138 P. O. Box 1373 St. Cloud, Minnesota 56302 Acron Construction Company, Inc. P. O. Box 57 Mora, Minnesota 55051 C. W. Houle, Inc. 1300 West County Road I Shoreview, Minnesota 55126 $458,242.89 $472,648.55 Name and Address Amount of Bid Northdale Construction Company, Inc. $476,435.09 14450 Northdale Blvd. Rogers, Minnesota 55374 Brown and Cris, Inc. $478,010.76 East Frontage Road of 1-35 19740 Kenrick Avenue Lakeville, Minnesota 55044 Engineer's Estimate $471,214.00 AND WHEREAS, it appears that S. R. Weidema, Inc., Maple Grove, Minnesota, is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with S. R. Weidema of Maple Grove, Minnesota, in the name of the City of Lino Lakes for the Fourth Avenue Trunk Utility Improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted by the City Council this 8th day of April, 1996. A M�rilyn . Anderson Clerk -Treasurer Jo'n L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal. The following voted against same: None, Council Member Kuether and Mayor Landers were absent. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a corre copy of a resolution duly passed, adopted and approved by the City Council on if 1 1996. / '-t4-Gr)-‘ �a 1 yn . Anderson , Clerk -Treasurer reasurer gri • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-38 RESOLUTION RECEIVING REPORT ON IMPROVEMENT. WHEREAS, pursuant to resolution of the Council adopted December 18, 1995, a report has been prepared by Loucks and Associates, Inc., with reference to the improvement of Pheasant Hills 7th Addition by constructing streets, installing water system, sanitary sewer system, and storm sewer system, and this report was received by the council on April 8, 1996, WHEREAS, the property owner has waived their right to a public hearing and appeal of assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $319,100. Adopted by the City Council this 8th day of Ap, I, 1996. �t T John L. Landers, Mayor Mailyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal. The following voted against same: None, Council Member Kuether and Mayor Landers were absent Whereupon said resolution was declared passed and adopted. • Council Member Bergeson and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 96 - 42 RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW POST 6583 WHEREAS, the Lino Lakes Police Department began teaching the D.A.R.E. program in local elementary schools in January of 1995; and WHEREAS, the curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and WHEREAS, the Ladies Auxiliary VFW Post 6583 was made aware of the desire for the Lino Lakes Police Department to teach this program in the elementary schools and has donated $1,500.00 to the City to defer the cost of this program, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $1,500.00 toward the cost of the D.A.R.E. program and wishes to express its gratitude to the Ladies Auxiliary VFW Post 6583 for its donation. Adopted by the Lino Lakes City Council this 8th day of April, 1996. (2t ari yn Anderson, Clerk -Treasurer 1-4 John L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal. The following voted against same: None, Council Member Kuether and Mayor Landers were absent. Whereupon said resolution was declared duly passed and adopted. •