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HomeMy WebLinkAbout07/27/1987 Council Minutes1 1 1 171 COUNCIL MEETING JULY 27, 1987 The regular meeting of the Lino Lakes City Council was called to order at 7:05 P. M. by Mayor Benson. Council Members present: Marker, Bisel, Bohjanen. Mr. Reinert arrived at 7:10 P.M. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Fiscal Agent, Dave MacGillivray; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present.. Mr. Miller, City Planner arrived later in the meeting. CONSIDERATION AND APPROVAL OF MINUTES __ JULY 1.3, 1987 Mr. Bohjanen moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried with Mr. Bisel and Mayor Benson abstaining. CONSIDERTION AND APPROVAL OF DISBURSEMENTS - JULY 27, 1987 Mr. Bisel moved to approve these Disbursements as amended by the City Clerk to remove all items referring to American Business Yellow Pages. Mr. Bohjanen seconded the motion. Mr. Marier questioned the item under Mayor and Council for $82.72. Mrs. Anderson explained that these were expenses from January 12, 1987 through June 22, 1987 and each item was checked by the secretary. Voting on the motion, motion carried with Mr. Marier voting no. OPEN MIKE No one appeared under Open Mike. ENGINEER'S REPORT - RON STAHLBERG Cons_idertion of Awarding Bids for South Reshanau Lake Estates and D. Erickson's 2nd Addition, Resolution No. 29 - 87. Mr. Stahlberg updated the Council on this improvement project. Bids for the installation of sewer, water and street improvements were taken on June 27, 1987 and seven bids were received. Landwehr Heavy Moving is the low bidder. Mr. Schumacher explained that he has received a call from Mr. Uhde's hank indicating that the letter of credit for South Reshanau Lake Estates will be issued tomorrow. Mr. Hawkins explained the Council could award the bids with the stipulation that these two items be completed. Mr. Hawkins also noted that he had received a cashier's check for the D. Erickson 2nd Addition instead of a letter of credit. Mr. Erickson plans to replace the cashier's check with a letter of credit shortly. Review of the abstract for this property also has not been completed. PAGE 1 172 COUNCIL MEETING JULY 27, 1987 Mr. Bisel moved to approve Resolution No. 29 - 87 awarding the bid t Landwehr Heavy Moving with the contingency that the proper letter of credit be received from Mr. Uhde by 4:00 P.M., July 29, 1987 and that Mr. Hawkins review the abstract of the D. Erickson 2nd Addition and inform Mr. Schumacher of his findings. Mr. Bohjanen seconded the motion. Mrs. Anderson read the Resolution. Mr. Reinert asked if it was the intention that if the letter of credit is not received or if there is a problem with the abstract all action is stopped. This is the intent of the motion: Mr. Marier noted that in order to have the project go forward Mr. Stahlberg must have auth- orization from Mr. Schumacher regarding the abstract and letter of credit. Voting on the motion, motion carried unanimously. CITY OF LINO :LAKES Resolution No. 29 - 87 RESOLUTION ACCEPTING BID FOR IMPROVEMENTS FOR THE D. ERICKSON, SECOND ADDITION AND SOUTH RESHANAU LAKE ESTATES SUBDIVISIONS. WHEREAS, pursuant to an advertisement for bids for the improvement D. Erickson, 2nd Addition and South Reshanau Lake Estates, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Landwehr Heavy Moving Richard Knutson, Inc. Kenko, Inc. C. W. Houle, Inc. Northdale Construction Austin P. Keller Construction Lametti and Sons $617,791.95 $634,760.15 $641,668.25 $661,306.25 $662,157.70 $754,682.50 $797,400.00 AND WHEREAS, it appears that Landwehr Heavy Moving of St. Cloud is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINESOTA; 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Landwehr Heavy Moving of St. Cloud in the name of the City of Lino Lakes for the improvement of D. Erickson, Second Addition and South Reshanau Lake Estates Subdivisions according to the plans and specifications therefor PAGE 2 1.74 COUNCIL MEETING JULY 27, 1987 approved by the City Council_ and on file in the office of the City Clerk. 1 2 The City Clerk is hereby authorized and directed to return forth- with 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 City Council this 27th day of July, 1987. Mari yn• . Anderson, Clerk - Treasurer Benja*' n G Benson, Mayor Resolution No. 31 - 87, Authorizing Plans and Specifications for the Trunk Water Main Improvement -- Mr. Marier moved to approve Resolution No. 31 - 87 contingent upon the two developers providing the necessary papers and letters of credit outlined in the previous motion. Mr. III Bisel seconded the motion. Mrs. Anderson read the Resolution. Mot carried unanimously. CITY OF LINO LAKES Resolution No. 31 - 87 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR TRUCK WATER MAIN INSTALLATION FOR SOUTHEAST WATER DISTRICT WHEREAS, a resolution of the City Council adopted the eighth day of June, 1987, fixed a date for a Council hearing on the pro - posed improvement starting at the 900 Block of Birch Street., west to Hodgson Road (State Highway #49), north to the plat known as Rice Lake Estates. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the thirteenth day of July, 1987, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA; PAGE 3 1 1 1 1 173 COUNCIL MEETING JULY 27, 1987 1. Such improvement is hereby ordered as proposed in the Council resolution adopted July 13, 1987. 2. Mr. Ron Stahlberg is designated as the Engineer for this improve- ment. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this :July i� / 'en,jami G. Benson, Mayor Marilyn G. Anderson, Clerk- Treasurer CONSIDERATION AND APPROVAL OF RESOLUTION NO. 32 - 87 SETTING BOND SALE FOR IMPROVEMENT PROJECTS OF 1987. Mr. MacGillivray discussed the highlights of the proposed bond sale. He explained that there are basically two issues. The first involves the fact that it is a proposed three year temporary bond. There are two reasons for the temporary bond. The costs are based on very con- servative estimates and there may be a considerable surplus at the end of the three year period. The second issue involves the funding of the temporary bond. It allows for two methods for refinancing the temporary bond. At the end of the three year period the Council can choose to re -issue another three year temporary bond or go to a long term definitive issue. It would be possible to delay payment on the principal for six to nine years. This also gives the City the flex- ibility to react to actual experience of revenue collection. Mr. MacGillivray discussed other financing connected with this improvement.. He has constructed a table outlining other fees, connection charges and an area assessment. This assessment will be over a fifteen year period at 9% interest. The interest will also be capitalized in the bond issue. The purpose of—this bond sale is to finance the improvements for the D. Erickson, 2nd Addition and South Reshanau Lake Estates plat as well as for the improvement of Deer Pass Trail, North Road, construction of the Trunk Water Mains and for the 4th Avenue Improvement. Bicls for the bond sale will take place on August 24, 1987 and the results will then he taken to the Council that evening for approval. PAGE 4 1 1 175 COUNCIL MEETING JULY 27, 1987 Mr. Reinert asked what the Discount is? Mr. MacGillivray explained that this a payment to the underwriters and covers the cost of selling the bonds to their customers. Mr. MacGillivray was asked what period of time is the biggest risk? He explained it would he within the first three years if no development takes place. However, with a temporary bond issue the Council has the option of going with another three year temporary issue thus delaying payment on the principal for a total of six years. Mr. Marier asked if the bonds were to be refinanced, what would the interest be? Mr. McGillivray said that would be hard to guess. He said that the new-interest rate would not necessarily increase because the City did not have the funds to pay the principal at the end of the first three years. Other factors would also determine what the interest rate would be. Mr. Marier said he felt the Council should proceed with the philosophy that there is an obligation there to pay or just go long term with the bond issue from the beginning. Mr. MacGillivray said he felt because of the variables in this issue it would he best to proceed with the temporary issue. He noted that one issue would not necessarily affect this Cities bond rating. Mr. Bisel moved to adopt. Resolution No. 32 - 87 for the issuance and sale of $1,650,000 temporary improvement bonds. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier voting no. CITY OF LINO LAKES Resolution No. 32 - 87 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,550,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1987A BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that : PAGE 5 (a) the following assessable public improvements (the improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act): Project Designation & Description: 1987 Improvement Projects Project. Costs Uhde $448,343 176 COUNCIL MEETING JULY 27, 1987 Erickson's $354,789 Trunk Water Improvements $618,260 4th Avenue Improvements $ 79,072 North Road $ 8,830 Deer Pass Trail $ 10,342 Subtotal $1,519,636 Cost of Issuance $ 18,500 Discount $ 16,500 Capitalized Interest $110,432 Subtotal $1,665,068 Less: Reinvestment Income ( 15,068) TOTAL BOND ISSUE $1,650,000 • (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,650,000 General Obligation Temporary Improvement Bonds, Series 1987A (Bonds) pursuant to the Act to provide financing for the Improvements. 2. In order to provide financing for the Improvements, the C will therefore issue and sell Bonds in the amount of $1,633,500. In order to provide in part the additional interest required to market the Bonds at this time, addit- ional Bonds shall be issued in the amount. of $16,500. Any excess of the purchase price of the Bonds over the sum of $1,633,500 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Offering: OFFICIAL TERMS OF OFFERING $1,650,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1987A Sealed bids for the Bonds will be opened by the City Administrator or his designee on Monday, August 24, 1987, at 11:00 A.M., Central Time, at the office of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101 - -2143. Consideration for award of PAGE 6 1 1 1 1 177 COUNCIL MEETING JULY 27, 1987 the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated September 1, 1987, as the date of original issue, and will bear interest payable on March 1 and September 1 of each year, commencing March 1, 1988. Interest will be computed upon the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchases, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the hooks of the Registrar as of the 15th day of the calendar month next: preceding the interest payment. The Bonds will mature on September 1, 1990. OPTIONAL REDEMPTION The City may elect on September 1, 1989 and March 1, 1990 to prepay Bonds due on September 1, 1990. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be a a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its fu]1 faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments levied against benefited property. The proceeds will be used to finance improvements within the City. TYPE OF BII) A sealed bid for not less than $1,633,500 and accrued interest on the total principal amount, of the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time sot for bid opening, a certified or cashier's check in the amount of $16,500, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the PAGE 7 H 73 COUNCIL MEETING JULY 27, 1987 Purchaser, the amount of which will be deducted at settlement. No shall be withdrawn after the time set for opening bids unless anoth date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1 °0. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any bid or of matters !relating to the receipt of bids and award the Bonds, (ii) reject all -bids without cause,'and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicab. SEC regulations. The City will pay for the services of the Registr CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure. or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of'LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for t PAGE 8 1 1 179 COUNCIL MEETING JULY 27, 1987 Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for a loss suffered by the City by reason of the Purchaser's non - compliance with said terms for payment. At settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the City, to the effect that the Official Statement did not as of the date of the Official Statement., and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state,a material fact necessay in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 25 copies of the Official St.atemen't. Dated July 27, 1987 BY ORDER OF THE CITY COUNCIL Marilyn G. Anderson, Clerk- Treasurer 3. The Clerk- Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Terms of Offering and to cause the abbreviated notice of sale attached hereto as Exhibit. A to be published in the manner required by law. The City Council will meet at 7:00 P. M. on Monday, August 24, 1987, to consider bids on the Bonds and take any other appropriate action. Adopted by the Council this 27th day of July, 1987. Members voting for adoption: Mayor Benson, Council Members Bisel, Bohjanen, Reinert. Members voting against. adoption: enja G. •enson, Mayor Marilyn Anderson, Clerk Treasurer SECOND READING, ORDINANCE NO. 12 - 87, AMENDING PUBLIC AND SEMI- PUBLIC DISTRICT TO INCLUDE COUNTY AND STATE FACILITIES PAGE 9 180 COUNCIL MEETING JULY 27, 1987 Mr. Bisel moved to adopt the second reading of Ordinance No. 12 -- Mr. Bohjanen seconded the motion. Motion carried unanimously. The entire Ordinance may be found in the minutes of June 22, 1987. PLANNING AND ZONING BOARD REPORT - PETE KLUEGEL House Move -In, Fred Tuma - Mr. Kluegel explained that Mr. Tuma has requested a House Move -In permit to move a house to Lot 10, Block 1, Sherwood Green. The Planning and Zoning Board has reviewed this request and has recommended approval. Mr. Marier asked if the house would fit in with the neighborhood. Mr. Kluegel said that it would. Mr. Tuma was in attendance and explained that the deck would be removed during the time the house is moved. He also plans to add a garage in the near future. Mr. Marier moved to approve the house move -in request with the stipulation that the garage be completed by the summer of 1988. Mr. Bisel seconded the motion. Motion carried unanimously. Variance, Robert Rud, Septic System Setback - Mr. Kluegel explained Brat. Mr. Rud has requested a permit to construct a new septic system. Anoka County is widening Main Street and has purchased additional right -of -way from Mr. Rud to widen that street. It will be necess- to obtain a variance since the new system will not meet the requir ten foot set back from the street right-of-way. Mr. Miller, the C.: Planner has recommended approval of the variance since the plight o the landowner is due to action of Anoka County not the landowner, the hardship is definitely not due to economic considerations, the use of the land will not change, no additional profit will accrue to the property owner, and granting the variance will not reduce property values but rather help to stabilize them as soil and water will not be contaminated. The Planning and Zoning Board had expressed concern as to whether or not granting this variance would create difficulty in selling the property at a future date. Mr. Hawkins said he could not see any problem with selling the property or obtaining a mortgage. Mr. Reinert moved to approve application No. 87 -19 with the recommendations of the P & Z Board except that the City will not be responsible if there is an impact of funding a new mortgage or sale of the property. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Kluegel explained that the following Ordinance items are a result of Mr. Miller's recommendations to the P & Z Board. PAGE 10 1 1 1 1 COUNCIL MEETING JULY 27, 1987 Mr. Bisel asked if proposed Ordinance No. 06 -- 87 will be retro active. Mr. Hawkins said it cannot, be retro active. Mr. Bisel asked if this ordinance would prohibit the use of semi trailers on construction sites and also is there any place in the City Code that addresses temporary parking of semi trailers. This proposed ordinance would not allow any temporary parking of semi trailers. However, the P & Z Board will address this issue in the near future. Second Reading, Ordinance No. 04 -- 87, Design Requirements for Off Street Parking - Mr. Kluegel explained that the purpose of this ordinance is to clarify driveway surfaces and parking area surfaces in primarily the commercial areas of the City. Mr. Reinert moved to approve the second reading of Ordinance No. 04 - 87 as presented. Mr. Marier seconded the motion. Motion carried unanimously. Second Reading, Ordinance No. 06 - 87, Exterior Storage - Mr. Kluegel explained that passage of this proposed ordinance would solve long standing problems of semi - trailers being used for storage purposes. Mr. Bisel asked about construction sites. Mr. Kluegel said the P & Z Board will deal with this issue at a later date. Mr. Marier moved to table Ordinance No. 06 - 87 until the P & Z Board reviews temporary uses of semi - trailers. Mayor Benson ruled this motion out of order. Mr. Reinert moved to adopt Ordinance No. 06 - 87. Mr. Bisel seconded the motion. Mr. Schumacher noted that after this second reading the Clerk is required to publish the ordinance and it becomes part of the City Code. He asked Mr. Hawkins if the P & Z Board amends this ordinance, will the Clerk be required to publish. Mr. Hawkins said yes. Mr. Miller suggested that the ordinance be tabled until the P Z Board develops the temporary parking aspect of it. Mr. Reinert withdrew his motion and Mr. Bisel withdrew his second. Mr. Marier moved to table Ordinance No. 06 - 87 until such time as the Council receives a complete package from the P & Z Board. Mr. Bisel seconded the motion. Motion carried unanimously. First Reading Ordinance No 14 - 87, Exterior Storage, Yard Surfacing - Mr. Bisel indicated he had a concern with the last sentence of the text which reads, "The surfaces shall be prepared and maintained in a manner approved by the City Engineer." Mr. Miller explained that this was a method of protecting the Council and allowing the City Engineer to follow regular engineering principles. Mr. Reinert noted that unless there were some specifications this could become arbitrary. Mayor Benson asked how specifications could be written for every possible situation. Mr. Schumacher noted that businesses are sold all the time and what is correct for one business may not be correct for another. He asked Mr. Kluegel if a business is sold, does the buyer have to obtain a new Conditional Use Permit. Mr. Kluegel said yes if PAGE 11 182 COUNCIL MEETING JULY 27, 1987 the business requires exterior storage. Mr. Reinert suggested that specifications be prepared for certain industries and then the Cour would not have to debate surfacing. Everyone would be treated in t same manner. Mr. Marier said he felt the last sentence took care of this. Mr. Marier moved to approve the first reading of Ordinance No. 14 - 87 and dispense with the reading. Mr. Bisel seconded the motion and asked for a voice vote of the Council. Voting for the motion, Mr. Marier, Mr. Bohjanen. Voting against the motion, Mr. Bisel and Mr. Reinert. Motion failed because four fifths vote is needed for passage of the motion. Mr. Bisel moved to send Ordinance No. 14 -- 87 back to the Planning and Zoning Board with the comments expressed especially the last sentence which is considered to be too ambiguous by some Council Members. Mr. Bohjanen seconded the motion. Motion carried unanimously. • First Reading, Ordinance No. 15 - 87, Outdoor Storage /Storage Yards Definitions - Mr. Bisel was concerned about storage of items such as antique cars, motor homes and boats commonly stored on residential property. Mr. Kluegel explained this ordinance is addressing storage in commercial areas, not residential areas. Residential storage is addressed in a different area of the City Code. Mr. Bohjanen move -o approve the first reading of Ordinance No. 15 - 87 and dispense wi the reading. Mr. Reinert seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 15 - 87 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES BY AMENDING THE DEFINITIOIN SECTION TO INCLUDE OUTDOOR STORAGE /STORAGE YARDS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota passed by the City Council on May 24, 1983 is hereby amended by adding the following definition: AMENDMENT; Appendix B, Section 3, Subdivision 2 Definitions is PAGE 12 1 1 1 183 COUNCIL MEETING JULY 27, 1987 amended to read as follows: (100) Outdoor Storage /Storage Yards -- An outside area where equipment or material relating to the principal use of a parcel of land is stored. The stored items are not for sale or display but are used in the everyday operat- ion of the principal use. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force dnd effect from and after its passage and publication according to City Charter. Passed by the City Council this 27 v of July , 1987. Benjaryt"n G Benson, Mayor Anderson, Clerk -- Treasurer First Reading, Ordinance No. 16 - 87, Conditional Uses, General Industrial District -- Mr. Kluegel explained that the Light Industrial District already allows this Conditional Use and since the General Industrial District is a heavier use district, Mr. Miller suggested that the Ordinance should be updated to include this conditional use. Mr. Reinert. asked Mr. Miller if this was a common conditional use for this district. Mr. Miller said more so than the Light Industrial District. Mr. Reinert moved to approve this first reading of Ordinance No. 16 -- 87 and dispense with the reading. Mr. nisei seconded the motion. Motion carried unanimously. PAGE 13 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 16 - 87 184 COUNCIL MEETING JULY 27, 1987 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE 0 THE CITY OF LINO LAKES BY MAKING OUTSIDE STORAGE A CONDITIONAL USE THE GENERAL INDUSTRIAL DISTRICT. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota passed by the City Council on May 24, 1983 is hereby amended as follows: AMENDMENT; Appendix B, Section 6, Subdivision (17) "GI" General Industrial District. Paragraph (8) Conditional Uses add (V): Open storage of materials and equipment when fenced and screened and relating to the principal use. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this , of . 1987. nailyn . Anderson, C1erl;- Treasurer 4. is -?nja n G. 'enson, Mayor 1 8:40 P.M. Continuation of Public Hearing,- Hanson Block 'Company - Mayor Benson noted that this is a continuation of the hearing held on July 13, 1987. Testimony was received from the audience. Mr. Bohjanen asked Mr. Hanson's representative, Mr. Obernolte how much dust would be created by Mr. Hanson's block factory. Mr. Obernolte explained that the company planned to use washed pea rock in the yards. He also noted that RCWD had recommended that blacktop not b PAGE 14 1 1 1 185 COUNCIL MEETING JULY 27, 1987 used because of the amount and quality of the runoff. Also chloride and water was being proposed f o heep dust to a iHinimIUIII. Screening was addressed. Mr. Obernolte said that Hanson Block is proposing to use three foot size trees rather than six foot trees as proposed by the P 8 Z Board. He explained it was cost prohibitive to use the larger trees. Mayor Benson noted that Hanson Block is requesting a rezone from Light. Industrial to General Industrial. He felt this would change the entire character of the area. He noted that other General Industrial areas were available. Mr. Bisel said he had a feeling that other businesses who have already built in this area were assuming the balance of the construction would be the same as theirs. He asked if the Council changes the zoning on these lots would the businesses that are already there suffer a decrease in property value. Mr. Hawkins said possibly, however this is a market question. Mr. Obernotle stated that Mr. Hanson's Block business would initiate the installation of sewer and water in this area. Mayor Benson said this was not the case. Mr. John Arcand, attorney for Custom Manufacturing addressed the Council. Their plans for building a plastics manufacturing concern has already been approved by the Council. He explained that if Hanson Block was allowed to rezone and build, Custom Manufacturing would be forced to build in another area because their equipment is very sensitive to dust. Although Hanson Block is suggesting a number of measures to control dust it would be foolish for Custom Manufacturing to build. Mayor Benson noted that he had received Mr. Arcand's letter on this matter and it will become of the record of this hearing. Mr. Jim Schilling owner of Lino Industrial Park told the Council that he was familiar with Anchor Block for nearly twenty years and there was not a dust problem with this business. There was steam emmission but this did not cause a problem. Mr. Marier asked Mr. Obernolte how he planned to keep the pea rock at a particular consistency. Mr. Obernolte explained by periodic grading and replenishment of chemicals. Mayor Benson asked Mr. Obernolte why he did not purse industrial property. Mr. Obernolte said the land was not for sale, the owner wanted to lease the property. Also the site had a border with residential property and then the business becomes an attractive nuisance and a risk and would also require major road improvements. PAGE 15 186 COUNCIL MEETING JIJLY 27, 1987 Mayor Benson asked Mr. Arcand if dust controls were in place would this solve Custom Manufacturings problems. Mr. Arcand said no. Mr. Bohjanen asked Mr. Obernolte what the peak employment would be for Hanson Block. Mr. Obernolte said twenty six. Mr. Bohjanen asked why Hanson Block has selected Lino Lakes as a site for their new plant. Mr. Obernolte explained because of the freeway access and there was a significant market available. Mr. Marier moved to close the public hearing at 9:25 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel moved to deny Ordinance No. 13 - 87. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel told Mr. Obernolte that he would like him to work with the City Engineer to find a suitable location for this business. He added that he would like to have this business in Lino Lakes.' The Council took a five minute break at 9:30 P.M. CONSIDERTION OF THE PLANNING CONSULTANT'S ALTERNATIVES FOR BUILDING STANDARDS AMENDMENTS Mr. Schumacher explained a great deal of time has been spent on th' issue. The Chamber- of Commerce has addressed their concerns and of r input has been received. Mr. Miller has prepared a memorandum to the City Council regarding this matter outlining arguments for pole barns, some pole barn facts, some pole barn options for the City Council to consider and his opinion and recommendations. Mr. Schumacher said he recommends that the Council look at recommendations 2, 3 and 5 which would allow pole buildings under a conditional use permit in industrial areas for lumber yard storage, boat sales and bus storage. Existing pole buildings could be added to but amenities would be required. Mr. Bisel asked if the difference should be between boat sales and boat storage. Mr. Schumacher explained that in this situation the principal building or sales room not should be of pole type construction. Mr. Marier suggested that the principal building for any business should not be pole construction. There was discussion regarding new businesses or "incubator businesse_s". Mr. Miller said that communities have formed centers for these types of businesses. He outlined Eden Prairie's success with this venture. Mr. Schumacher and Mr. Miller were asked to put together a draft ordinance incorporating all the ideas that were discussed. PAGE 16 1 1 1 187 COUNCIL MEETING JULY 27, 1987 CONSIDERATION OF FINAL PLAT APPROVAL OF D. ERICKSON'S 2ND ADDITION Mr. Tom Venker, surveyor for this subdivision represented Dennis Erickson. He explained that three items will be changed on the plat, street names, a road location change and two drainage easement. changes. Mr. Marier asked what is the construction schedule. Mr. Venker did not know. Mr. Stahlberg explained that the original intent was to have two homes ready for the Parade of Homes in September. Mr. Hawkins explained that any approval of the plat will have to be contingent upon review of the abstract. Mr. Bisel moved to approve the final plat for D. Erickson, 2nd Addition contingent upon the findings of the City Attorney during the abstract review. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier voting no. ENGINEER'S REPORT - RON STAHLBERG D .r Pass Trail. Resolutjoii No, 30 - 87, Approving Plans and Specifications and Ordering Advertisement for Bids. -- Mr. Marier asked how the assessments would be placed on the properties. Mr. Stahlberg explained that every property owner would be assessed at the same rate. Those property owners who have already paid to have the street completed as it currently is will be credited with the amount they paid. Mr. Reinert moved to approve Resolution No. 30 - 87 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES Resolution No. 30 - 87 RESOLUTION APPROVING PLANS AND SPECIFICATIONS ANI) ORDERING ADVERTISEMENT FOR BIDS FOR DEER PASS TRAIL WHEREAS, pursuant to a resolution passed by the Council on April 13, 1987, the City Engineer has prepared plans and specificat- ions for the improvement of Deer Pass Trail and has present- ed such plans and speci fications to the Council for ap- proval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto PAGE 17 188 COUNCIL MEETING and made a part hereof, are hereby approved. JULY 27, 1987 2. The City Clerk shall prepare and cause to he inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids the responsibility of the bidders will be considered by the Council at 7:00 P.M. on August 24, 1987, in the Council chambers of the City Hall and bids shall be received by the Clerk until 10:00 A.M. on Friday, August 21, 1987 at which time they will be publicly opened in the Council chambers of the City Hall by the City Clerk and Engineer, will then be tabulated. Any bidder whose responsibility is questioned during consideration of the bid will he given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five per cent of the amount of such bid. Adopted by the Council this 27 _ y of July, 1987. \;Ben ja''n G ' enson, Mayor Mari yn G. Anderson, Clerk- Treasurer ATTORNEY'S REPORT - BILL HAWKINS Gaughan Company Development Agreement - Mr. Hawkins explained that the contract merely gives the Gaughan Company one hundred eighty days to make a proposal and there is no binding obligation. He could see no problem with this agreement. Mr. Marier moved to have the Clerk and the Mayor enter into the agreement. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of Request to Amend the North Central Franchise Area - Mr. Gregory Elden from North Central'has sent the Council a letter asking that the North Central franchise be amended so that the North Central franchise embrace the entire City. Mr. Hawkins told the Council that they do not have to open up the entire City to North Central. The Council has a legal contract until the expiration of the franchise. PAGE 18 1 1 189 COUNCIL: MEETING JULY 27, 1987 Mr. Mariner noted that this Council took a considerable amount of time to negotiate a franchise with Circle Pines that will now produce some revenue for Lino Lakes and suggested that any change in the North Central franchise he handled in the same manner. Mayor Benson also felt that any revision in the franchise should be studied in the same manner as the Circle Pines franchise. After further discussion, Mr. Bisel moved to consider North Central's request at the time the franchise expires. Mr. Marier seconded the motion. Motion carried unanimously. OLD BUSINESS There was no Old Business NEW BUSINESS There was no New Business Mr. Bisel moved to adjourn at 10:00 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on August 10 1987. £III- _mac A'I■YNt . ANDERSON Clerk - Tresurer PAGE 1.9 AdOZOMar 4f t. £M N G. :ENSO ayor