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09/23/1991 Council Minutes
99 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 23, 1991 DATE • TIME STARTED . TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : September 23, 1991 6:30 P.M. 10:02 P.M. Bisel, Bohjanen, Kuether, Neal, Reinert None, Council Member Kuether was excused at 7:30 P.M. Staff Members present: City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Public Works Director, Don Volk; Administrative Assistant, Dan Tesch and Clerk - Treasurer Marilyn Anderson. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM MINUTES: Budget Work Session, August 26, 1991 Council Work Session, September 9, 1991 Regular Council Meeting, September 9, 1991 DISBURSEMENTS: September 23, 1991 Centennial Fire Department REGULAR AGENDA OPEN MIKE No one appeared under Open Mike. DESIGN REVIEW BOARD REPORT DISPOSITION Approved Approved Approved Approved Approved Set Public Hearing for Conditional Use Permit for Ken Gunsallus and Julie Hennessy for October 28, 1991, 7:00 P.M. - Council Member Bohjanen moved to set the public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision and Relocated Structure for Alfred and Margaret Lundgren - Mr. and Mrs. Lundgren own a home 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 on a 40 acre parcel on Holly Drive. They wish to subdivide a 10 acre parcel from the larger parcel and create a buildable lot. In addition the Lundgren's are requesting approval to move a single- family residence from Shoreview to the newly created 10 acre parcel. The house is a rambler constructed in 1960 and it has 1580 square feet of floor area and a two car attached garage. The DRB has considered the request and has recommended approval of both requests. Mr. Miller was asked if the home would be moved onto a full basement. He said he would check this with the building official. Mr. Miller was asked if the siding was compatible with the siding on homes already in the area. If it is not, it should be updated. Council Member Neal moved to approve the minor subdivision request for Mr. and Mrs. Alfred Lundgren. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none. Bohjanen © Kuether Reinert Motion carried unanimously. Ei rr Council Member Kuether moved to approve a "relocated structure" request providing the exterior of the home is conducive to the area. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision for Gary Uhde (Emtech, Inc.) - Mr. Miller explained that Mr. Uhde owns 56 acres south of the Minnesota State Correctional Facility and north of I -35W. This land is part of TIF District No. 1 -04 which was created in the spring of 1990 to maintain old tax increment rules. One (1) requirement of this district is that at least one (1) project had to be approved prior to June 1, 1991 within the district. In May, 1991, Emtech, Inc. was approved by the City Council acting as the Economic Development Authority to locate in TIF District No. 1 -04. Mr. Uhde is requesting authorization to subdivide a parcel of approximately 2.56 acres from this parcel and sell it to Emtech, Inc. so that they can start construction on a new facility. Mr. Miller explained that normally such a subdivision in a commercial zone would be accomplished by platting rather than a metes and bounds subdivision. Time is important for both the City and Emtech, Inc. and approval of this subdivision will be with the understanding that there will be no further subdivision until a preliminary plat and final plat have been approved. PAGE 2 0 0 101 COUNCIL MEETING SEPTEMBER 23, 1991 Council Member Bohjanen moved to approve a minor subdivision for UD Contracting as outlined in DRB Application No. 91 - 37 and as recommended by the DRB. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. Kuether Consideration of a Site and Building Plan for Marvin Peterson DBA Emtech, Inc. - Mr. Miller displayed a site plan for Emtech, Inc. Emtech, Inc. is a manufacturer of precision machined products and wishes to locate on the parcel described in the previous Council action. The site will include a 10,800 square foot building which will house offices and a fabrication area. The building will be concrete tilt -up panel cast with white coloration. There will parking spaces for 23 cars. All driveways and parking areas have concrete curbs and will be surfaced with asphalt. There will be a simple but effective sign giving the name and address of the business. The landscaping plan will compliment the existing pine trees on I -35W and there will be good contrast and color. All lighting will be hooded. Construction will be completed before January 1, 1992. The DRB has approved the site and building plan contingent upon two (2) items: 1) landscaping acceptable to the city planner be placed near the drainage area on the west side of the property by July 1, 1993 and location of the easterly driveway be resolved with the city planner. Mr. Miller indicated that the applicant and his architect are very cooperative and easy to work with. Council Member Reinert moved to approve DRB Application No. 91 - 37 accepting a site and building plan for Emtech, Inc. with the above stated two (2) contingencies. Council Member Bohjanen seconded the motion. Motion carried unanimously. Consideration of a Concept Plan for Keith Eibensteiner - Mr. Miller explained that Mr. Eibensteiner has a purchase agreement on a parcel of land located on the north side of Birch Street and west of Lakes Addition No. 8. The parcel covers 9.8 acres of land and includes Outlot C which is currently zoned Neighborhood Business (NB). The concept plan indicates that a street, Reshanau Drive, will enter the subdivision from Black Duck Drive. Another cul -de -sac will enter the subdivision from Birch Street. There are wetlands on this parcel that make it impractical to extend Reshanau Drive through the entire vacant area as had been proposed. The soils problems on the site present the same PAGE 3 1 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 problems that were encountered on the Lake Crest preliminary plat to the west. Dan Boxrud and Don Volk have reviewed the street plan and the DRB has recommended approval of this design subject to revision of Lots 1, 13 and 18 with regard to road frontage. Council Member Kuether questioned if park dedication will be required on this plat. Mr. Hawkins explained that this parcel was part of the original Jandrick subdivision. An agreement was reached between Mr. Jandrick and the City regarding park dedication and Mr. Hawkins said this agreement was still valid. The staff was asked to research the original agreement. Council Member Reinert asked what the DRB thought was on the double frontage lots. Mr. Miller explained that there will be some lots with side lot lines along Birch Street. There will be only one (1) double frontage lot and provisions .11 be made to berm and landscape this lot. Council Member Kuether moved to approve the concept plan presented by Keith Eibensteiner subject to the recommendations of the DRB regarding Lots 1, 13, and 18. Council Member Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONDITIONAL USE PERMIT AMENDMENT TO EXPAND POLE BUILDING, JOE SPETZMAN Mr. Miller explained the public hearing has been called to take public comment on the request for an amended Conditional Use Permit. A site and building plan review is also required for this in this matter. Mr. Miller gave a brief background on the original Conditional Use Permit. Mr. Spetzman's building is located at 8171 Lake Drive. He plans to continue to lease the building to a sprinkler assembly business. The addition will cover an area of about 3,656 square feet. The exterior will match the current building and an overhead door on the east side of the building will be removed and placed on the side facing south. The DRB has reviewed both the CUP Amendment and the site and building plan request and has approved both items subject to four (4) conditions. Mr. Miller explained that one (1) letter has been received in opposition to the building expansion and the use of the building. Mayor Bisel opened the public hearing at 7:11 P.M. Mr. Gregg Land, 8160 Diane Street asked what Mr. Spetzman what this building could be used for. He noted that originally the building was constructed for cold storage and now it appears that there is and will be a commercial use of the building. PAGE 4 102 103 COUNCIL MEETING SEPTEMBER 23, 1991 Joe Spetzman said that he has never received one (1) complaint about the building or its use. He said he knows of no cars that have ever been parked outside of the building. The use will continue be as in the past, prefabrication of fire sprinklers. John Roisum, 8210 Diane Street stated that there has been one (1) complaint and detailed the day a tractor was running at 6:00 A.M. Mr. Roisum also noted that semi - trucks have been parked along the building and noted concern regarding what is going to be happening in the building and what kind of trucks and other vehicles will be sitting around. Mr. Spetzman addressed the tractor incident. He explained that he was mowing with his tractor and a police officer stopped and stated that a complaint had been received. Mr. Spetzman said he did quit because he wanted to get along with his neighbors. rr Mr. Land asked what would keep Mr. Spetzman from getting another business in the building. Mayor Bisel explained that Mr. Spetzman is operating under a CUP which is reviewed annually by the Council. If the use changes, the change must be reviewed by the staff and the Council and neighbors would be notified. Council Member Reinert asked if the CUP is issued to the land or to the landowner. Mr. Hawkins explained that it is issued to the land. If Mr. Spetzman sells the property to another person, the CUP will continue in this location as long as conditions confirm to the CUP. Council Member Kuether inquired about the buffer between his property and the residential area. Mr. Spetzman explained that there are about 2000 pine trees on his property so that the neighbors cannot not see in and he can hardly see out. Council Member Bohjanen moved to close the public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Mayor Bisel noted that residents should know that since this is a CUP, if conditions here change drastically, the residents do have a right to present their concerns and request that action be taken against the CUP. Council Member Reinert noted that Mr. Spetzman's property is in the area set aside for single family residential expansion when sewer and water become available. Mr. Miller said that this is addressed in the Comprehensive Land Use Plan. He also noted that since Mr. Spetzman's parcel is large and the structure is relatively small in comparison, when utility services are available, it will be economically better to plat the land for single family usage. PAGE 5 1 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 Mr. Roisum asked if it were possible for Mr. Spetzman to intensify his commercial usage. Mr. Miller explained that the land would have to be rezoned and the neighbors would have to be notified. Council Member Bohjanen moved to approve the site and building plan as outlined in DRB application No. 91 -32. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none. Bohjanen Reinert Motion carried unanimously. Kuether r,- Council Member Bohjanen moved to approve a CUP Amendment, DRB application No. 91 - 33 as recommended by the DRB and containing the four (4) stipulations outlined by the DRB. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal El Bohjanen Reinert El Kuether Abstained: none Motion carried unanimously. Council Member Kuether excused herself at 7:30 P.M. PUBLIC HEARING, PHEASANT HILLS PRESERVE, PHASE II IMPROVEMENT Mr. Boxrud explained that this public hearing has been called to take public comment on the extension of sanitary sewer only to Pheasant Hills Preserve, Phase II. Mr. Boxrud used the overhead projector and outlined the improvement project. He noted that the improvement can be accomplished by a change order with Rice Lake Contracting for a total cost of $27,000.00. Mayor Bisel opened the public hearing at 7:32 P.M. There was no one in the audience to speak for or against the improvement. Council Member Bohjanen moved to close the public hearing at 7:32 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Boxrud noted that there is no Council action to be taken at PAGE 6 104 105 COUNCIL MEETING SEPTEMBER 23, 1991 this time. The 60 day waiting period begins tonight unless the developer petitions to have 50 of the 60 day waiting period waived. PUBLIC HEARING, BRANDYWOOD ESTATES ASSESSMENTS, RESOLUTION NO. 98 - 91 Mr. Boxrud used the overhead projector and explained that the assessment roll had been prepared for the improvements in Brandywood Estates. The affected property owners have been notified and public notices have been published. A copy of the assessment roll was given to the Council in their packets. Mr. Boxrud noted that the total to be assessed is $861,585.00. Area and unit charges have been included for all phases of the development. An assessment has also been included for Centennial School District property located across Birch Street from Brandywood Estates. Mayor Bisel opened the public hearing at 7:38 P.M. There was no one in the audience to speak for or against the assessment. Council Member Bohjanen moved to close the public hearing. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to adopt Resolution No. 98 - 91 as presented. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether 0 Abstained: none Motion carried. Council Member Kuether was absent. Resolution No. 98 - 91 can be found at the end of these minutes. ENGINEER'S REPORT Resolution No. 96 - 91 Receiving a Report and Calling a Hearing on Improvement, Rice Lake Court for October 28, 1991, 7:15 P.M. - Mr. Schneider explained that the Wenzel Farms improvement has initiated a petition from the property owners on Rice Lake Court for sanitary sewer and municipal water service. A feasibility study has been prepared which outlines the preliminary costs and procedures necessary to install the public improvements. Council Member Bohjanen moved to adopt Resolution No. 96 - 91. PAGE 7 1 1 1 1 COUNCIL MEETING Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none. Bohjanen Reinert Kuether 0 SEPTEMBER 23, 1991 Resolution No. 96 - 91 can be found at the end of these minutes. Motion carried. Council Member Kuether was absent. Consideration and Approval of Final Plat, Birch Wood Acres - Mr. Boxrud explained that the preliminary plat was approved by the City Council late last year. Development of this plat has been held off until the City had an opportunity to extend trunk sewer throughout the plat. The developer has graded t}Ze right -of -way for the sanitary sewer alignment and will be grading the remainder of the 80 acre plat later this year. The final plat includes a total of 63 lots which will be developed in one (1) phase. The development contract has been provided to the developer and the should be completed shortly. The outlots, parks and drainage will be dedicated to the City. Park trails will be located so that new home owners will be aware at the time they purchase their lot, where a trail will be located in relation to their lot. There will be no surprises when trails are developed in a year or so. Council Member Bohjanen moved to approve the final plat of Birch Wood Acres subject to receipt of the executed development contract the appropriate financial guarantees. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried. Council Member Kuether was absent. PUBLIC HEARING, WHITE TAIL RIDGE STREET IMPROVEMENT ASSESSMENTS, RESOLUTION NO. 99 - 91 Mr. Boxrud explained that the assessment roll has been prepared and the affected property owners notified according to state law and the Lino Lakes City Charter. A copy of the assessment roll was included in the Council packets. Mr. Boxrud used the PAGE 8 106 107 COUNCIL MEETING SEPTEMBER 23, 1991 overhead projector and showed the location of White Tail Ridge and noted that at this time, only four (4) property owners are involved in the assessment. He gave the background on the improvement and explained that because of excessive moisture this construction season, the cost of the improvement was more than estimated. Dennis Cheesebrow, 2121 White Tail Ridge presented a letter of protest to the assessment proposed for his property. He noted that on June 21, 1990, Mr. Hawkins was instructed to conduct an appraisal of Lot 30, owned by Mr. and Mrs. James Katzung to determine if the lot was buildable. On August 13, 1990 the Council was informed by Mr. Boxrud that the lot was unbuildable at this time and therefore could not be assessed. However, Mr. Hawkins explained to Mr. Katzung during that meeting that if some time in the future when sewer and water utilities were available and Lot 30 was improved and divided an assessmen£ for the street improvement would be due. Mr. Cheesebrow requested that the resolution to approve the assessment for White Tail Ridge include language that would allow the City to assess Lot 30 when in the future the lot is divided, improved, built upon or combined with Lot 31 and the assessment be refunded to the four (4) landowners who are being assessed at this time. Mr. Cheesebrow also requested that if Lot 31 were ever divided and built upon, the assessment for the remaining 65 feet of frontage be imposed at that time and the assessment refunded to the four (4) landowners who are being assessed at this time. Mr. Dennis Smith, 2101 White Tail Ridge presented a letter protesting his assessments and explained that he has the same concerns and objections. He also objected to the costs above the $99.00 per front foot originally estimated. He explained that if the Council would have accepted the original bid received in late 1990, the street would have constructed before all of the rain came this summer. Mr. Smith explained that bid was lower than what he will be paying now. He also noted that there were a lot of delays and this has cost him higher living costs since he sold his home and now is living in a town house. Mr. Boxrud explained that the bid amount received last fall was much higher than the bid received with the Brandywood Estates improvement. The assessments include engineering, administration fees, legal fees and other fees besides the actual cost of construction. The bid received last fall was more than 10% over the engineer's estimate and the City Charter required that the Council not award the bid. Mr. Boxrud noted that he was aware of the concerns regarding Lots 30 and 31 but forgot to include them in the resolution to adopt the assessments. Mr. Hawkins explained that there are several PAGE 9 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 ways the Council can handle this matter. One (1) way is to assess Lots 30 and 31 and then defer the assessment until such time the lots are improved. Another way is to assess the entire project to the four (4) landowners, and then at the time Lots 30 and 31 are improved, impose the assessment and refund that amount to the four (4) landowners. Mary Smith, 2101 White Tail Ridge explained that the owner of Lots 30 and 31 do have benefit from the improved function of the street. She noted that there is improved fire, police and postal service. This is a benefit to everyone living on Deer Pass Trail, White Tail Ridge and Reiling Road. Bonnie Cheesebrow, 2121 White Tail Ridge said she has talked to many people on the street and they all agree that there is an improvement. She explained that school children are now dropped off in front of their homes because the bus can To all around the loop. Dennis Smith explained that amending the resolution for the adoption of the assessment is a second choice for the four (4) landowners. Their first choice would have been to have all benefiting land owners assessed for the improvement. After further discussion regarding including Lots 30 and 31 in the resolution adopting the assessment, Council Member Bohjanen moved to close the public hearing at 8:22 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Bisel moved to amend Resolution No. 99 - 91 by adding that if there is any further development on Lots 30 and 31 and if building permits are issued, the cost of street improvements in front of Lots 30 and 31 be assessed to the owner and this portion of assessment refunded to the four (4) original property owners who are being assessed at this time. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert El Kuether ❑ Abstained: none Motion carried unanimously. Council Member Kuether was absent. Resolution No. 99 - 91 can be found at the end of these minutes. PAGE 10 108 109 COUNCIL MEETING SEPTEMBER 23, 1991 PUBLIC HEARING, CONDITIONAL USE PERMIT AMENDMENT, FINAMART Mr. Miller said that Fina Oil and Chemical has requested an amended CUP to add a diesel island, increase signage and remodel the building on the southwest corner of I -35W and Lake Drive. They also wish to remove underground tanks and add new dispensers. Repaving is also proposed for a portion of the area. A site plan showing detail of the changes and improvements has been provided. The DRB has reviewed the request and has recommended approval except for the increase in signage. Fina Oil has proposed raising the pylon sign on the north side of the property to a height of 65 feet and wishes to pursue this issue. The applicant does have a copy of the Lino Lakes Sign Ordinance and they are contending that the sign is a freeway sign which is allowable to a height of 65 feet. Mr. Miller said he contends` that since this is a CUP, the City Council has the right to attached conditions to the sign. He also noted that the Council has received two (2) requests in the recent past for billboard signs near this location. Both requests were denied by the Council. Mr. Miller explained that there were two (2) other issues that have now been resolved. The first issue was whether the diesel island should be canopied and the second issue regarded over night truck parking. Mr. Miller explained that he has worked with the applicant to get this matter resolved as soon as possible. A public hearing was set by the City Council before the request was reviewed by the DRB. Council Member Neal and Mr. Miller have been working with the applicant to try and locate a restaurant in the site and the applicant may have found someone to do this. Mr. Miller expressed concern that the applicant was still pursuing the taller sign. He detailed several other gas stations where signs were only the monument sign style. Mr. Miller also suggested to the applicant that they contact MnDOT and ask that the blue signs be erected on the freeway that let the traveler know that such facilities are available at the next exit. There was discussion regarding diesel spillage at the new diesel dispensing location and Mr. Miller indicated that the Fire Chief has reviewed the site plan and did not see a problem with this. There was discussion regarding over night truck parking. It was noted that diesel fuel can "jell" in the winter and this is why many truck drivers run the engine all night long. Mr. Miller explained that it was the obligation of management to see that this does not occur. PAGE 11 1 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 Mayor Bisel asked if Fina Oil has considered building an entire new complex at this intersection. He said he would like to see the change at this time. Mayor Bisel opened the public hearing at 8:45 P.M. Ken Skoglund, 7481 Lake Drive noted that he is the resident just south of the Finamart. He has called and had PCA test air quality on his property which is 300 feet from the property line. At that time is was two (2) decimals below the critical point. He noted that if the diesel pump island is located where it is planned, the air quality will not meet PCA standards. Mr. Skoglund also noted that if traffic is routed as planned, semi - trucks coming off the freeway will have to turn into oncoming traffic to enter the driveway. He noted that this is a dangerous intersection and this will make it worse. Mr. Skoglund asked why the sign could not be relocated further to the west and then traffic coming from the metropolitan area can see it before they reach the exit ramp. Mr. Skoglund noted that the site is very sloppy with trash everywhere including in the pine trees. He also noted that in the area where the blacktop ends, there is a lot of oil spilled on the ground. Mr. Skoglund explained that an agreement had been reached a long time ago that required that trucks back up to the trees. This was required to reduce the truck noise. Mr. Dan Dege, representing Fina Oil displayed a site plan for the Finamart. He thanked Mr. Miller for helping to move this request to the City Council as soon as possible. Mr. Dege noted that the site plan does not designate which driveway truck traffic must use to enter the site. Trucks can enter from both the north and south driveway. Mr. Dege also explained that Fina Oil would like to add to the sign a portion that gives the price of diesel fuel. He noted that people driving on the freeway want to know the price before they exit for service. Mr. Dege explained that Fina Oil is requesting that the sign be raised 20 feet so that it is visible to traffic coming from the city. He noted that the trees have grown so that they obstruct the sign. Mr. Dege explained that the Sign Ordinance allows service stations abutting the freeway to place signs up to 65 feet. He asked what is the difference in placing a 65 foot sign. Mr. Dege said he was not trying to alienate the City and gave examples of other signs on the freeway that are taller than 65 feet. Mr. Dege noted that Finamart is trying to discourage overnight truck parking and the managers are instructed to call the police when this occurs. He noted that the facility needs repair and PAGE 12 110 COUNCIL MEETING SEPTEMBER 23, 1991 remodeling and they are stopping short of a new facility. There also will be a higher level of maintenance for this facility. Mr. Don Morrow introduced himself as the project manager for Fina Oil and Chemical. He noted that Fina is trying to improve the building. They will comply with all safety regulations as well as regulations from the health department. Mr. Morrow detailed all of the planned renovations. He noted that some employees and supervisors have been replaced in an effort to improve the site the operation. Mr. Morrow said he would bring to management the concerns raised this evening. He noted that replacing the present building is a pure economical impossibility. Fina Oil wishes to gear up step by step by upgrading the current facility to attract more sales. Mr. Morrow said he felt it was to the benefit of the City as well as travelers to have the higher sign. Mrs. Skoglund noted that a previous owner of thig site had all of the mature trees cut just so the sign could be seen from the freeway. She asked that rest rooms be installed during remodeling to prevent people from using the trees as rest rooms. Joyce Scharpen, 801 Main Street asked if a billboard is different from a sign. She said it appears that the City is saying we want your business but you cannot advertise. Mr. Dege noted that rest rooms are available inside of the current facility. He noted that problems seem to occur when trucks are parked overnight. Mr. Skoglund noted that the diesel island will not be very far from his property. Council Member Bohjanen moved to close the public hearing at 9:12 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Bisel noted the issues raised concerning the south boundary line of the property. He also noted that all new tanks will be installed during remodeling. The DRB concerns regarding the sign were noted. Mr. Miller said the DRB had suggested moving the sign closer to the freeway to the west to be more visible. Mr. Miller explained that he had visited with Glenn Rehbein about the development of his land to the west of the Finamart. Mr. Rehbein also owns the property along the south boundary which will be the entry to his property on the west. Mr. Miller explained that Mr. Rehbein is interested in visiting with Fina Oil and possibly trading some land. Mr. Miller will give Fina Oil representatives Mr. Rehbein's name and address. He explained that Fina Oil and Mr. Rehbein should get together on this matter. PAGE 13 1 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 Mayor Bisel noted that on the north side of the freeway, Emtech, Inc. will build a very important site. He suggested that if Fina Oil is looking at attracting customers, they should redevelop the site. He noted that once the new tanks are in place, it would be costly to move them. Council Member Bohjanen asked if Fina Oil would consider moving the diesel fuel pumps to the north and move the sign to the west. He asked that they look again at the site for an improved operation. Mr. Dege told the Council that this is the first he has heard regarding Mr. Rehbein's proposal for a land swap. He explained that moving the sign higher will gain visibility for trucks going north on the freeway. He also noted that at this time a totally new facility is an impossibility. Mr. Dege also explained that they have studied the site very carefully and the best situation for trucks is to get the truck traffic to go around the building to the pumps. Mr. Dege explained the tanks have to be removed and he is looking for a determination on most issues. He explained the sign issue can be delayed. Mr. Dege said that if this project is not done this year, it may not be done for several years. There is a need to move ahead with capital improvements at this time. Mr. Miller said that he has been listening the to various concerns and several suggestions made this evening. He also noted that several issues were raised that he was not aware of. Also the Council has made a good effort to move the matter as fast as possible. Mr. Miller suggested that this matter be tabled until October 14, 1991 to allow time to prepare a complete package for the Council to act on. Council Member Reinert moved to table action on this matter until October 14, 1991. Council Member Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT (CONTINUED) Resolution No. 95 - 91 Awarding Bids for the Elevated Water Storage - Mr. Schneider explained that three (3) bids were received for two (2) different styles of elevated tanks and two (2) different sizes of tanks. The bids were considered at the previous Council meeting, however, the land for the site of the elevated storage tank was not available. The landowner has now signed a right of entry. Mr. Schneider recommended that the Council award the bid for a 1,000,000 gallon tank to Pitt -Des Moines, the low bidder with all alternates for a total of $836,000.00. PAGE 14 112 113 COUNCIL MEETING SEPTEMBER 23, 1991 There was discussion regarding whether it was more feasible to erect a 750,000 gallon tank rather than a 1,000,000 gallon tank. Mr. Schneider explained that the bid for the 1,000,000 gallon tank was lower than the estimate for the 750,000 gallon tank. Also he estimated if a 750,000 gallon tank was erected, the City would be considering building another tank in five (5) to seven (7) years. If the City builds the 1,000,000 gallon tank, Mr. Schneider estimated another tank would not be need for the next ten (10) years. Mr. Volk said he felt the 1,000,000 gallon tank was a very good investment. There was discussion regarding cathodic protection and avoiding the problems incurred with the Circle Pines water tank. Council Member Reinert asked if the alternative to erecting an elevated water tank was to put in more wells. Mr. Schneider said yes, however the City would not have a reserve water supply and would have an erratic supply of water. Council Member Reinert moved to adopt Resolution No. 95 - 91 accepting the bid of Pitt -Des Moines and the alternates for a total of $836,000.00. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none. Council Member Kuether was absent. Motion carried unanimously. Resolution No. 95 - 91 can be found at the end of these minutes. ATTORNEY'S REPORT Mr. Hawkins explained that negotiation for easement acquisition has been completed for Terrance Hammes in the amount of $3,116.00. He recommended that the Council approve this acquisition. Council Member Reinert moved to accept Mr. Hawkins recommendation. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. PAGE 15 1 1 1 COUNCIL MEETING SEPTEMBER 23, 1991 OLD BUSINESS Terry Lappin Development Update - Mr. Miller explained that this is an informational item only. On June 24, 1991, the City Council had given Mr. Lappin a exclusive development agreement for "Rice Lake Plaza ". An extension was given to December 1, 1991 provided that Mr. Lappin order a market study on the site within 60 days. Mr. Lappin has been successful in getting a grocer to order and pay for a market analysis. Retail Systems, Inc. is completing this work. Mr. Lappin has also been successful in obtaining a letter of intent from the grocer stating he will develop the site contingent upon a favorable recommendation in the market analysis. Mr. Miller noted that the individuals involved do not wish to be identified so that they will not be harassed by contractors. The project is "alive and well ". Waiver of Excess Liability - Mr. Tesch explained that each year the City has the option of waiving its excess liability on its insurance coverage or paying for the additional coverage. Mr. Kelly, insurance agent for the City said if the excess liability coverage is waived the actual cost to the City will be reduced. The Council has waived this excess coverage in the past. Council Member Reinert moved to approve the City Administrators recommendation to waive the excess liability. Council Member Bohjanen seconded the motion. Motion carried unanimously. Schilling Industrial Park Update - Mr. and Mrs. Schilling have agreed to sell 36.2 acres of the Industrial Park to the City for $6,500.00 per acre. Three of the lots have assessments totalling $50,000.00. Mr. Schilling has suggested that the City purchase all of the remaining lots and pay the $50,000.00 of assessments or buy all but the three (3) lots. Mr. Schilling would retain ownership of the three (3) lots and pay the assessments. Mayor Bisel noted that the assessments are spread out over 15 years and will not require a large outlay of money at one (1) time. He suggested that if the City wanted to control development in this critical area of the City, we should buy all of the lots. Mr. Hawkins explained that in this case, there are four (4) lots with assessments. One (1) lot is where the City is proposing to locate the new water storage tank. Council Member Reinert suggested that since there appears to be more than one (1) opinion on the matter, he moved to table the matter until Mr. Schumacher is available to present his views. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 16 114 115 COUNCIL MEETING SEPTEMBER 23, 1991 NEW BUSINESS Consideration and Approval of Minutes, September 5, 1991 - Council Member Bohjanen moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 91 Certifying Delinquent Sewer and Water Bills to Anoka County - Mrs. Anderson explained that each year the Council receives a list of sewer and water utility accounts that are two (2) or more quarters late in payment. Each of the property owners have been notified that this matter will be before the Council this evening and none have responded to the letter. Council Member Reinert moved to adopt Resolution No. 97 - 91 certifying delinquent sewer and water bills to Atoka County. Council Member Bohjanen seconded the motion. Motion carried unanimously. Resolution No. 97 - 91 can be found at the end of these minutes. Consideration and Approval of Renewal of Gambling Permit, Multiple Sclerosis Society - Mrs. Anderson explained that this is a request for the renewal of the license. The Multiple Sclerosis Society is currently operating from Lee's of Lino Lakes. The Society has submitted the proper materials including 1 /10 of 1% tax. They have also submitted throughout the year $1,488.38 in cash which is 10% of the net profits to be used annually for charitable purposes directly benefiting residents in Lino Lakes. The cash is given in lieu of a report of the annual disposition of gambling funds. This satisfies Section 611.03 of the Gambling Ordinance. The Chief of Police has not had any problem with this operation. Council Member Reinert moved to approve the license renewal. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Reinert moved to adjourn at 10:00 P.M. Council Member Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on October/14, 1991. J \ M rily,.{` G. Anderson, Clerk 'reasurer ( Harold L. Bise)4 Mayor PAGE 17 1 1 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 84 — 91 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN BRANDYWOOD ESTATES WHEREAS: by a resolution passed by the Council on August 26, 1991, the City Clerk was directed to prepare a proposed assessment of the cost of installing all utilities, streets, curbs and gutters in Brandywood Estates, rr WHEREAS: the Clerk has notified the Council that'such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the September 23, 1991, in the city hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk - except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such PAGE 1 116 117 RESOLUTION NO. 84 - 91 PAGE -2- payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 26th day of August, 1991. Harold L. Bisel, Mayor G. Anderson, Clerk- Treasurer r,- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal upon vote being taken thereon, the following voted in favor: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was not in the Council Chambers at this time. Whereupon the resolution was declared duly passed and adopted. PAGE 2 1 1 1 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 91 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE RICE LAKE COURT IMPROVEMENT WHEREAS, pursuant to a resolution of the Council adopted on August 26, 1991 with reference to the Rice Lake Court Improvement and this report was received by the Council on September 23, 1991, rr NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the Rice Lake Court Improvement in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $133,097.11. 2. A public hearing shall be held on such proposed improvement on the 28th day of October, 1991 in the council chambers of the city hall at 7:15 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 23rd day of October, 1991. 77 :-///4-67 Marilyn Harold L. Bisel, Mayor 1 < G. Anderson, Clerk - Treasurer 118 The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was absent. Whereupon said resolution was declared passed and adopted. Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 91 RESOLUTION ACCEPTING BIDS FOR THE ELEVATED WATER STORAGE IMPROVEMENT WHEREAS: pursuant to an advertisement for bids for the Elevated Water Storage improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS r,- AMOUNT OF BID Pitt - DesMoines, Inc. 1015 Tuttle Street P. 0. Box 1596 Des Moines, Iowa 50306 Caldwell Tanks, Inc. P. O. Box 35770 Louisville, Ky. 40232 -5770 CBI No -Con, Inc. 601 W. 143rd Street Plainfield, Il. 60544 BB #1 BB #2 BB #3 BB #4 BB #1 BB #2 BB #3 BB #4 BB #1 BB #2 BB #3 BB #4 $687,750.00 734,700.00 792,200.00 888,500.00 $743,500.00 No Bid 940,400.00 No Bid $865,000.00 745,000.00 $1,025,000.00 $ 886,400.00 AND WHEREAS, it appears that Pitt - DesMoines, Inc., 1015 Tuttle Street, P. O. Box 1596, Des Moines, Iowa 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 the Clerk are hereby authorized and directed to enter into the attached contract with Pitt - DesMoines, Inc., 1015 Tuttle Street, P. O. Box 1596, Des Moines, Iowa for the construction of the 1,000,000 gallon Type A elevated steel water tank and three (3) alternate bid items, No. 5, 6 and 7 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $836,000.00. 2. The City Clerk is hereby authorized and directed to 1 1 RESOLUTION NO. 95 — 91 PAGE —2— 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 23rd day of September, 1991. Harold L. Bisel, Mayor Mily G. Anderson, Clem- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was absent. Whereupon said resolution was declared duly passed. 120 121 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 91 A RESOLUTION AUTHORIZING THE CITY CLERK - TREASURER TO CERTIFY DELINQUENT WATER AND SEWER UTILITY BILLS FOR COLLECTION WITH THE 1991 PROPERTY TAXES WHEREAS, pursuant to City Code Chapter 400, Section 401.29 and Chapter 402, Section 402.14, Subd. 5, the Clerk - Treasurer has prepared a list of residents who have delinquent sewer or delinquent water and sewer bills to be certified to the Anoka County Auditor for collection with the 1991 property tax statements collectable in 1992, and WHEREAS, notice of impending action was prepared on September 11, 1991 to be delivered to the residents, NOW, THEREFORE BE IT RESOLVED BY THE LINO LAKES CITY COUNCIL: that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy the following sums of money collectable in the year 1992 upon the following property in said City of Lino Lakes: NAME & ADDRESS Phii3 e er1y Owen 5t9=- =Ar- rowh-ead Dr i -ve Ir i�c� vales, --MzT ��3-4 Donald C. & Maureen Klecker 532 Arrowhead Drive Lino Lakes, Mn. 55014 Cye R. Powell & Sandra Moats 540 Arrowhead Drive Lino Lakes, Mn. 55014 Mark T. Lively 548 Arrowhead Drive Lino Lakes, Mn. 55014 John O. & Sally J. MaMahon 6810 Black Duck Drive Lino Lakes, Mn. 55014 PIN. AMOUNT /0/ 9,3- -2- 4- 0Oa 29- 31 -22 -34 -0068 29- 31 -22 -34 -0069 29- 31 -22 -34 -0070 28- 31 -22 -13 -0017 PAGE 1 213.79 213.79 213.79 436.51 1 1 1 1 1 1 RESOLUTION NO. 97 - 91 Steven M. & R. M. Eisenschenk 6634 Black Duck Drive Lino Lakes, Mn. 55014 John R. & Barbara A. Sterns 585 Chippewa Trail Lino Lakes, Mn. 55014 Robert E. Johnson ETAL 6717 East Shadow Lake Drive Lino Lakes, Mn. 55014 James R. & Cynthia L. Wagner 6782 East Shadow Lake Drive Lino Lakes, Mn. 55014 Ronald L. & C. J. Grossklaus 6786 East Shadow Lake Drive Lino Lakes, Mn. 55014 Jay C. & Cheryl A. Johnston 6525 Hokah Drive Lino Lakes, Mn. 55014 David L. & Mary L. Oliver 6558 Hokah Drive Lino Lakes, Mn. 55014 Bernard J. & Dianne H. Ward 1549 LaMotte Drive Lino Lakes, Mn. 55014 Daniel & Virginia Rudebeck 994 Lantern Lane Lino Lakes, Mn. 55014 Michael P. Scheele & T. E. Ptacek 6602 Pheasant Run Lino Lakes, Mn. 55014 28- 31 -22 -13 -0014 29- 31 -22 -34 -0029 28- 31 -22 -21 -0006 28- 31 -22 -12 -0005 r. 28- 31 -22 -12 -0003 29- 31 -22 -32 -0022 29- 31 -22 -32 -0034 22- 31 -22 -41 -0008 28- 31 -22 -24 -0030 28- 31 -22 -13 -0031 554.99 43.20 510.90 504.43 485.47 213.79 165.87 161.08 524.87 472.34 Thomas L. Weber 29- 31 -22 -34 -0083 213.79 6486 Tomahawk Trail Lino Lakes, Mn. 55014 Gerald R. & Diane M. Berg 29- 31 -22 -33 -0039 101.50 6489 Totem Trail Lino Lakes, Mn. 55014 PAGE 2 122 123 RESOLUTION NO. 97 - 91 Jeremich D. & Hannelore Dame 6498 Ware Road Lino Lakes, Mn. 55014 Debra K. Simons 6816 Sunset Road Lino Lakes, Mn. 55014 Donald J. & Mary E. Ethen 6492 Fawn Lane Lino Lakes, Mn. 55014 Douglas J. & Debra L. Nalezny 1064 Tamarack Lane Lino Lakes, Mn. 55014 Meridian Homes 244 Woodridge Lane Lino Lakes, Mn. 55014 William & Suzanne R. Brown 6900 LaMotte Drive Lino Lakes, Mn. 55038 Gordon Thayer 6653 Reshanau Lane Lino Lakes, Mn. 55014 Mary L. Gray 6414 Totem Trail Lino Lakes, Mn. 55014 Timothy S. & Rita Chilstrom 1057 Tamarack Lane Lino Lakes, Mn. 55013 Richard J. & Tammy A. Bailey 121 Green Briar Drive Lino Lakes, Mn. 55014 Florence A. Ahola 157 Ulmer Drive Lino Lakes, Mn. 55014 RESOLUTION NO. 97 - 91 PAGE 3 29- 31 -22 -33 -0053 19- 31 -22 -33 -0009 29- 31 -22 -44 -0013 28- 31 -22 -42 -0030 31- 31 -22 -43 -0040 22- 31 -22 -41 -0021 28- 31 -22 -24 -0024 29- 31 -22 -33 -0013 28- 31 -22 -42 -0012 19- 31 -22 -24 -0035 19- 31 -22 -24 -0065 271.77 468.26 558.70 290.19 310.32 113.16 305.00 213.79 221.50 323.64 253.73 1 1 Meridian Homes 240 Woodridge Lane Lino Lakes, Mn. 55014 31- 31 -22 -43 -0039 192.36 Passed by the Lino Lakes City Council this 23rd day of September, 1991. Harold L. Bisel,� Mayor Mari(lyn . Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. PAGE 4 124