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HomeMy WebLinkAbout04/22/1991 Council Minutes (2)1 1 1 CITY OF LINO LAKES COUNCIL MINUTES DATE • April 22, 1991 TIME STARTED : 6:30 P.M. TIME ENDED : 9:28 P.M. MEMBERS PRESENT: Bisel, Bohjanen, Kuether, Neal, Reinert MEMBERS ABSENT : None City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSENT AGENDA Council Member Neal asked that the Disbursements for April 22, 1991 be removed from the consent agenda and be placed under Old Business. Council Member Bohjanen moved to approve the consent agenda as amended above. Council Member Kuether seconded the motion. Motion carried unanimously. DISPOSITION ITEM COUNCIL MINUTES: April 8, 1991 Approved DISBURSEMENTS: Centennial Fire Dept. Approved REGULAR AGENDA OPEN MIKE There was no one to speak under Open Mike. CONSIDERATION OF A SITE AND BUILDING PLAN AND VARIANCE FOR THE LINO LAKES FIRE STATION - DRB APPLICATIONS 91 - 12 AND 91 - 15 Mr. Miller explained that this City has a commitment with the Centennial Fire District to construct a fire station in the west part of the City. The site chosen by the City for the new fire station is located on Lake Drive immediately north of the existing fire station. The building will cover approximately 9,900 square feet on a two (2) acre site. The Council has worked closely with the architect and is familiar with the proposal. 107 108 COUNCIL MEETING APRIL 22, 1991 A variance is required for the driveway. The fire department, like the school district uses long vehicles. The driveways proposed to be used by these vehicles are proposed to be 30 and 32 feet wide. The maximum driveway width allowed by City Code is 26 feet. The DRB considered both the site and building plan application and the variance application and recommended approval of both. Council Member Bohjanen moved to approve the site and building plan, DRB application No. 91 - 12. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel ® Bohjanen Neal ® Reinert Abstained: none Motion carried unanimously. Kuether Council Member Kuether invited all local contractors to send their names and addresses to the architect so that they can participate in the bidding of construction of the building. Council Member Kuether moved to approve the variance, DRB application No. 91 - 15. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel El Neal El Abstained: none Motion carried Bohjanen Reinert El unanimously. Kuether CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE LINO LAKES FIRE STATION Ms. Ellen Luken and Mr. Gene Nelson of Winsor /Faricy presented the plans for the new Lino Lakes fire station. Ms. Luken explained that the estimates are well within budget. She also gave a brief outline of the design of the building, materials for the exterior of the building and the landscape design. Ms. Luken also noted that exterior windows were to be of a maintenance free material. Electrical service will be 400 amps. Mr. Nelson noted that the building will be located on the site so that an additional bay can be added to the building if necessary. In addition, sewer and water connections will be provided for PAGE 2 1 1 1 1 1 COUNCIL MEETING APRIL 22, 1991 future connection to municipal water and sanitary sewer. Bids will be taken on May 28, 1991 and awarded after the first of June. Completion date for the building is January, 1992. There was discussion concerning whether or not another bay would be needed at this building. Fire Chief Milo Bennett said that he felt that before an addition was needed at this facility another facility would be constructed. Council Member Kuether moved to approve the plans and specifications for the Lino Lakes Fire Station No. 2 and advertisement for bids. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel ® Bohjanen Neal ® Reinert Abstained: none Motion carried unanimously. Kuether All local builders and contractors were encouraged to bid on this improvement. FIRST OUARTER BUILDING REPORT Mr. Kluegel submitted a first quarter building report to the Council. This report noted that building activity is comparable to the first quarter of 1990. A total of 47 building permits have been issued in 1991 and 34 of these permits were for new homes. Mr. Kluegel also noted that the $2,000,000.00 Anoka County Shelter Care Facility is on schedule and will be completed this summer. He explained that if building activity continues at this same rate, he is optimistic that 1991 will be a better year than 1990. Mayor Bisel asked if there are a variety of builders working in this City. Mr. Kluegel explained that there are about 25 builders with a variety of styles and price ranges. There are no "row upon row" of the same construction housing in Lino Lakes. DESIGN REVIEW BOARD REPORT Consideration of a Minor Subdivision, Marlin Hansen, DRB Application No. 90 - 15 - Mr: Miller explained that this is a continuation of a matter presented at the Council two (2) weeks ago. The Council approved a minor subdivision for Mr. Hanson giving him two (2) parcels of land measuring approximately 2.5 and 11.5 acres. No action was taken on Mr. Hansen's request to PAGE 3 109 1 1.0 COUNCIL MEETING APRIL 22, 1991 subdivide a third parcel that would provide a roadway to Oak Brook Peninsula subdivision. The Council Members agreed that the preliminary plat for Oak Brook Peninsula should be approved first. This has been done and access to the five (5) lots is needed. If the Council approves of this third subdivision, this parcel will be attached to Oak Brook Peninsula, thereby eliminating a non - conforming parcel. Mr. Hawkins explained that the Council can approve the subdivision of this third non - conforming parcel contingent upon the becoming attached to Oak Brook Peninsula. He also explained that the owner of Oak Brook Peninsula must be allowed an access to his property. Council Member Kuether asked Mr. Hawkins if it made sense to approve the subdivision of this parcel for access at this time when the Council is not sure whether the plat will have final approval. Mr. Hawkins explained that even if the plat does not receive final approval, access to this property must be obtained one way or another. Council Member Reinert asked if the developer of Oak Brook Peninsula purchased land locked property. Mr. Adamson, the developer explained that he knew it was land locked but was assured by Mr. Hansen that he could purchase the necessary right - of -way from him. Mr. Hawkins explained that if the developer can get reasonable access without violating City ordinances and the City can reasonably give a variance, the City cannot deny use of the land by denying access. Council Member Reinert asked why this is "coming through the back door "? Mayor Bisel said that he did not feel it was coming through the back door. There was a request at the last council meeting for this third subdivision. Council Member Kuether said that she agreed with Council Member Reinert and asked if this should be the last action taken by the Council on this matter. She noted that if all permits cannot be obtained, access to the parcel will not be needed. Mr. Hawkins explained that the developer could sell the parcel possibly even to the City for open space and access would still be needed. He noted that it is a separate parcel of record and can be sold. Council Member Bohjanen said he felt that the Council was in a "bind" in this matter. He asked if it was a mistake for the seller to sell to the developer? Mr. Adamson explained that he could have purchased Mr. Hansen's entire 11.5 acre parcel and put the street on that parcel. However, only 60 feet is needed. Council Member Reinert noted-that Item 6E on the agenda also affects this item. He asked if Item 6E is approved, will this 60 foot parcel become part of the private street in the subdivision. Mr. Adamson said that would be a decision for the Council to make. PAGE 4 1 1 1 1 1 1 COUNCIL MEETING APRIL 22, 1991 Mr. Miller explained that this matter was brought to the Council simply to provide access to Oak Brook Peninsula. He noted that if the subdivision is not approved the developer will purchase the entire parcel and will have has access. This does not appear to be the best use for that entire parcel. The DRB has reviewed the request and has recommended that the original parcel be divided into three (3) parcels and the Council should now approved this subdivision. Council Member Neal noted that a letter was just received from the DNR regarding the set back of the street from the ordinary high water mark of the lake. Mr. Miller explained that this matter will be before the Council at the next regular meeting. He noted that the DNR does not say that this is illegal, but does suggest that this could be an issue. A variance may be needed in this matter. Council Member Neal suggested that this matter be tabled until the questions raised in the letter are answered. Council Member Reinert asked if the City cannot get a legal street into the subdivision, why is the Council even considering the minor subdivision at this time? Mr. Hawkins explained that the minor subdivision is for the access to the subdivision and will become part of the plat. Regardless of who owns the parcel or how it is to be used, access must be provided. Council Member Bohjanen moved to approve DRB application No. 90 - 15 contingent on the parcel becoming part of the Oak Brook Peninsula plat. Mayor Bisel seconded the motion. VOTING ON THE MOTION: Bisel ® Bohjanen Neal ® Reinert Abstained: none Motion carried. Kuether PUBLIC HEARING, OFF -SALE LIQUOR LICENSE, DOUGLAS R. HUGHES, 7997 LAKE DRIVE, LINO LAKES Mr. Hughes has applied for an off -sale liquor license for a portion of the Tom Thumb store. Police Chief Campbell has preformed the investigation required by City Code. He has signed the application testifying that the applicant has not been convicted within the past five (5) years for a violation of laws of the State of Minnesota. A sample copy of the lease with Tom Thumb has been submitted. If the license is approved, a copy of the completed lease will be obtained for the file. If the Council approves the off -sale liquor license, the Clerk will require a $3,000.00 bond, certificate of insurance and the PAGE 5 112 COUNCIL MEETING APRIL 22, 1991 proper license fee. The application will then be forward to the state Liquor Control Division for their approval. The Clerk noted that there are currently two (2) other off -sale liquor licenses at this same intersection. Mayor Bisel opened the public hearing at 7:22 P.M. Mrs. Joyce Sharpen, 801 Main Street explained that she is against three (3) liquor stores at this one location. She said she was not against new business, however this license should be located in the proposed new plaza. Chris Ross, 7990 Lake Drive presented a list of persons who have indicated that they are opposed to another off -sale liquor store located in the same area. This list contains over 200 names. Mr. Ross asked the Council if the City is planning to claim his property by eminent domain or condemn his building. Mayor Bisel explained that the City had no reason for such action. This type of action must be done for public use. Mr. Ross explained that a Council Member asked him if he knew what eminent domain meant which lead him to wonder if such action was planned. Mr. Ross also explained that his property is in a tax increment district and he is planning to use tax increment financing on his project. He said he does want to stay at this location. Mr. Ross said that if another off -sale liquor store is located at this intersection someone is going to get hurt. He said he felt the area could not support three (3) off -sale liquor stores. Bonnie Hermann, 7859 Lois Lane explained that she is a new resident and said she felt it was not appropriate to establish another off -sale liquor store in the one (1) retain area of the City especially since it is so near to the elementary school. She said she felt new business is needed in Lino Lakes, however the business should be in line with family needs and desires. Robin Hughes, 193 Wildflower Drive explained that she and her husband would operate the new off -sale liquor store. She wanted to address some of the concerns brought forward this evening. She said that she and her husband have given a great deal of thought to this business and have received a lot of support. Their objective is to open and maintain a reputable liquor establishment at the corner of Main Street and Lake Drive. They believe they can be successful since they feel that 60% to 70% of liquor customers are leaving the City to purchase liquor. Matthew Glocke, 461 Birch Street said that he did not think any area of Lino Lakes was zoned for three (3) gas stations or three (3) Tom Thumbs and this City did not need another liquor store. He felt the area should be reserved for a more productive business. PAGE 6 1 1 1 1 1 1 COUNCIL MEETING APRIL 22, 1991 There was no further comment from the audience and Council Member Reinert moved to close the public hearing at 7:32 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. Mr. Hawkins explained that there are two (2) issues in this matter. Does the application meet the legal requirements. This has been checked by the City Clerk and the Chief of Police and all legal requirements have been met. The second issue is whether or not the application meets zoning requirements. There is no limit to the number of off -sale licenses that the City can issue. Further, there are no restrictions in the zoning ordinance on this matter. The City does have the ability to place certain restrictions regarding liquor establishments in the zoning code. Mr. Hawkins noted the legal matter that Brooklyn Center was concerned with regarding three (3) gas stations on one (1) intersection. He noted that it is not the function of the City to decide whether a business will be successful or not. The zoning ordinance must be amended if the City wants to place restrictions on any business. Council Member Neal moved to approve the off -sale liquor license for Douglas R. Hughes. Council Member Bohjanen seconded the motion. Council Member Kuether said she felt the ordinance was vague and it may be up to the Council to use good discretion in this matter. Mr. Hawkins explained that there is nothing in the ordinance that says you cannot have three (3) or more off -sale liquor stores in one area. Council Member Neal noted that when Ross' Liquor Store applied for their license in 1976, there were two (2) other licenses in the immediate area. He explained that Mr. McLean and Mr. Bohjanen were on the Council at that time and Mr. Bohjanen may remember that matter. Council Member Bohjanen said that he did not research the Ross liquor license. However, he has listened to the discussion this evening and can see no legal reason to deny the license application. He said he hoped there would be a revision to the ordinance regarding liquor licenses. Council Member Reinert asked Mr. Hawkins what would happen if the license request were denied? Mr. Hawkins said the applicant would have cause for action against the City. He said it appears that the only reason to deny the request is because there are two (2) stores in the immediate area. This reason is not supported in the City Code. It is clear that it is a permitted use and there are no restrictions on the number of licenses that the City can issue. If the City does decide to amend the City Code, it will have no affect on this application. PAGE 7 113 1.14 COUNCIL MEETING APRIL 22, 1991 Mayor Bisel said that he would like to get on with the business of attracting other businesses such as K -Mart. He would like to "push" other economic development in this City. VOTING ON THE MOTION: Bisel ❑ Bohjanen Neal IN Reinert El Abstained: Bisel Motion carried. Kuether Mayor Bisel explained that he abstained because he would like to have this matter tabled until the ordinance can be amended to deal with restricting licenses for liquor and to deal with restricting pornography. DESIGN REVIEW BOARD REPORT (CONTINUED) Consideration of a Minor Subdivision, Ken and Gail Judd, DRB Application No. 91 -09 - Mr. Miller explained that several years ago Jack Morehouse subdivided a five (5) parcel from his 40 acre farm for use by his daughter as a building site. At that time the daughter agreed that if and when the land was sold for development, she would deed back to him most of the five (5) acres, keeping only the building site. Recently the DRB approved a concept plan submitted by Jack Menkveld who has a purchase agreement on the Morehouse farm. As agreed between Mr. Morehouse and his daughter, most of the Judd land will be sold to the developer. The Judd's will retain a parcel 135 feet by 235 feet or just under 3 /4ths of an acre. The request before the Council is to subdivide the Judd property to allow the combination of about four and one fourth (4 1/4) acres with the adjacent 35 acre farm. The DRB has recommended approval of the subdivision. Mr. Miller explained that sewer and water service is not yet to the site and trunk lines may not be extended until some action is taken on property near the 35W and Lake Drive intersection. Mr. Menkveld is aware of this matter, but wishes to hold the property for future development. Council Member Bohjanen moved to approve application 91 -09 approving the minor subdivision for Ken and Gail Judd. Council Member Neal seconded the motion. Council Member Kuether asked if the situation is considered the same as the lot subdivisions in the Rice Lake Drive area. Mr. Miller said that although the Morehouse area is zoned R -1, utility service is not yet available. Council Member Kuether asked if the City is requiring PAGE 8 1 1 1 1 1 COUNCIL MEETING APRIL 22, 1991 the new lots created in the Rice Lake Drive area to connect to sewer and water services? Mr. Miller said yes. Council Member Kuether said that in previous lot split situations, sewer and water services were already available to the newly created lots. This is not the case with the Morehouse property. Council Member Reinert noted that the Council would be creating a non - conforming lot and asked when utility services are available, can the City require the non - conforming lot to connect to the services. Mr. Miller noted that on Second Avenue, lots are split leaving a one half (1/2) acre lot on Rice Lake Drive that is not hooked up to services. It was noted however, that utility service is available nearby. Council Member Kuether said she felt this is different since utility service is not nearby. Mayor Bisel said he felt that the subdivision should be contingent upon a final plat from Mr. Menkveld. He noted that if the plat did not happen, the Council has created a non - conforming lot. Council Member Kuether asked if this subdivision could be done at the same time the plat is approved? Mr. Miller said that it is uncertain when utility service will be available and Mr. Menkveld is putting his package together at this time. Council Member Reinert said he felt the Council would be "jumping the gun ". Mr. Morehouse explained that he has a closing set with Mr. Menkveld for May 1, 1991 and it is contingent upon Mr. Menkveld being able to purchase the land from the Judd's. He said that Mr. Menkveld may back out of his purchase agreement. Mayor Bisel said that the minor subdivision could be granted contingent upon the Judd property hooking up to services. Mr. Morehouse said that if the Council is going to wait until service is available, Mr. Menkveld will not purchase his property. Mr. Hawkins explained that the Council could approve the minor subdivision contingent upon the property hooking up to services. This means that the subdivision cannot be recorded until services are available and Mr. Menkveld can close on the property. However, a separate parcel will not be created until the services are available and some provision will have to be made for the tax statements. This action would not stop Mr. Menkveld from closing. Mr. Morehouse said this may cause a problem with the Judd's mortgage company. Council Member Reinert said that this would be a workable situation. Council Member Kuether said that she did not think Mr. Menkveld would "walk away" from this property because of this matter. VOTING ON THE MOTION: Bisel Bohjanen ® Kuether PAGE 9 115 116 COUNCIL MEETING APRIL 22, 1991 Neal ® Reinert El Abstained: none Motion failed. Council Member Bohjanen explained that he would like a chance to work on this matter further. Mayor Bisel explained the procedure. Council Member Neal said he voted for this motion because Mr. Menkveld is a good developer and possibly sewer and water will get to the area faster than anticipated. Review of a Minor Subdivision and Variance for Otto and Lynette Patzoldt, DRB Applications 91 -10 and 91 -11 - Mr. Miller explained that this a routine subdivision on a one (1) acre lot on Second Avenue similar to a number of subdivisions that the Council has already approved. Each of the two (2) new lots created will be 75 feet by 150 feet rather than the required 80 feet by 150 feet. A variance will be required for frontage. Each of the new lots will meet the minimum square feet requirements. The DRB has recommended approval of the subdivision. Council Member Kuether moved to approve DRB application No. 91 -10 for the minor subdivision. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Eg Neal Eg Abstained: none Motion carried Bohjanen Eg Reinert Eg unanimously. Kuether Council Member Bohjanen moved to approve DRB application No. 91- 11 for the variance. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Eg Neal Eg Abstained: none Motion carried Bohjanen Eg Reinert El unanimously. Kuether Review of a Minor Subdivision and Variance for John and Susan Fitzpatrick, DRB Application -No. 91 -13 and 91 -14 - Mr. Miller explained that this application is exactly the same as the previous application. The DRB has recommended approval of the minor subdivision and the variance. Council Member Kuether moved to approve the minor subdivision, DRB application No. 91 -13. PAGE 10 1 1 1 1 1 1 COUNCIL MEETING Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel ® Bohjanen gg Neal ® Reinert Abstained: none Motion carried unanimously. Kuether APRIL 22, 1991 Council Member Bohjanen moved to approve the variance, DRB application No. 91 -14. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel gg Neal gg Abstained: none Motion carried Bohjanen gg Reinert IN unanimously. Kuether Consideration of a Variance to Permit a Private Street in Oak Brook Peninsula, DRB Application No. 90 -66 - Mayor Bisel explained that a letter was received today from the DNR regarding the bridge proposed for the Oak Brook Peninsula. The letter referred to requirements of the Lino Lakes Shoreland Management Ordinance. Mayor Bisel read the letter and suggested that this agenda item be tabled until the letter can be reviewed by staff. Council Member Reinert moved to table agenda Item 6E. Council Member Neal seconded the motion. Motion carried unanimously. Setting a Date for a Public Hearing for a Request to Rezone Land Owned by Gary and Darlene Barott - Council Member Bohjanen moved to set the public hearing for Tuesday, May 28, 1991 at 7:15 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. The Council took a five (5) minute recess at 8:15 P.M. ENGINEER'S REPORT Acceptance of Easement, Woodridge Estates - Mr. Schneider explained that the easement is required for the purpose of constructing a bicycle path as shown on the preliminary plat. He recommended approval of the easement. Council Member Reinert moved acceptance of the easement. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen ® Kuether PAGE 11 117 118 COUNCIL MEETING APRIL 22, 1991 Neal ® Reinert Eg Abstained: none Motion carried unanimously. Resolution No. 32 - 91 Ordering Improvement, Wenzel Farms - Mr. Schneider explained that a public hearing was held on April 8, 1991 on the Wenzel Farms project. The developer has signed a waiver of 50 of the 60 waiting day period as required by the City Charter and the remaining ten (10) days have now expired. In order to meet the proposed project schedule listed in the Feasibility Report, the Council should order the improvement at this time. Council Member Bohjanen moved to approve Resolution NO. 32 - 91 ordering the Wenzel Farms improvement project. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel ® Bohjanen ® Kuether ❑ Neal ® Reinert Eg Abstained: Kuether Motion carried. Resolution No. 32 - 91 can be found at the end of these minutes. Resolution No. 33 - 91 Accepting the Feasibility Report and Setting the Public Hearing for Sunrise Drive Improvement (Fairmont Drive to Elm Street) - Mr. Schneider explained that utilities were installed along this portion of Sunrise Drive during 1990 as part of the Sunnygate 2nd Addition project. It was decided by the Lino Lakes City Council and staff that the remainder of the street construction on Sunrise Drive would be done as a public improvement. Mr. Schneider presented the Feasibility Report for the street improvement and explained the cost breakdown. He explained that the idea was to not assess the residents on the west side of Sunrise Drive at this time but to assess them when they petitioned to hook up to sewer and water. The residents would be assessed on the same basis as the residents in the block south of this improvement. Mr. Schneider noted that assessments for each of the homes would be approximately $7,500.00 which is cheaper than most assessments in new subdivisions. Mr. Schneider explained that the residents along the west side of Sunrise Drive were aware of the improvements. Several meetings have been held with them and some of their questions were addressed by telephone. Council Member Neal asked if there was a way to hook up the residents and then assess the actual hook up costs. Mr. Hawkins explained that this would not be legal. Council Member Kuether PAGE 12 1 1 1 1 COUNCIL MEETING APRIL 22, 1991 said the City could loan the money to the residents and Mr. Schumacher explained that this could be done through a housing and redevelopment authority for home improvements. Council Member Reinert moved to approve Resolution No. 33 - 91 setting a public hearing for the Sunrise Drive improvement. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 33 - 91 can be found at the end of these minutes. Katie Allen Proposed Sewer and Water Extension, Resolution No. 37 - 91 - Mr. Schneider explained that Mr. and Mrs. Allen have petitioned the City to install sanitary sewer service to their residence on Birch Street. Cost estimates were prepared and Mr. Schneider used the overhead projector to explain the costs. Mr. and Mrs. Matthew Glocke, the Allen's westerly neighbor may also be interested in connecting to the sewer in the near future. Mr. Schneider explained that if the Allen's wish they can install a mound septic system at an approximate cost of $9,500.00. The cost is not guaranteed. Municipal sewer can be provided to the Allen's home in two (2) different ways as follows: 1) Install a gravity sewer line on the north side of Birch Street from Hokah Drive to the Allen residence. The line would dead end there because of the creek on their east property line. The cost of this line would be approximately $19,250.00 for construction only. There would be additional costs for engineering, administration, etc. The approximate total cost would be $26,000.00 This cost would be shared by the Allen residence and three (3) residences to the west. 2) Jack a service across Birch Street and connect to the existing manhole on Totem Trail. This alternate would affect only the Allen property. The estimated cost would be $15,600.00. Mr. Schneider also prepared an assessment cost for the Allen's residence based upon the standard assessment procedure. The approximate assessment cost would be $4,748.75. The assessment amount for the Allen residence does not offset the cost of either sewer improvement alternate. Mr. Glocke has considered accepting an assessment however this would make an improvement project only 50% petitioned. The other two (2) residences are not in favor of connecting to the sewer. Mr. Schneider explained that the next step in this process would PAGE 13 119 120 COUNCIL MEETING APRIL 22, 1991 be to request a feasibility study for the improvement on the north side of Birch Street at a cost of about $1,000.00. However, if the project is not going to be installed, this study could be a waste of time and money. Mayor Bisel asked if the residents on the south side of Birch Street ever inquire about hooking up to the water trunk line which is located on the north side of Birch Street. Mr. Schneider explained that they do especially if they are considering financing FHA. It has been determined that the cost of hooking up to the trunk water line is so expensive that FHA feels that it is actually not available. Mr. Schumacher explained that the key issue is this problem comes up several times a year and the City should look at how to handle these problems. A "quick fix" is not the solution and Mr. Schumacher noted that the City does have a revolving fund consisting of money received from MWCC that could be used to install these projects. The revolving fund could be reimbursed as residents hook up to the services. Mayor Bisel asked if alternative #1 was installed, could the Speiser property be developed using that sewer line. Mr. Schneider explained that this line would only serve the frontage property on this portion of Birch Street. Mr. Gorden Allen, 473 Birch Street explained that he and his family moved into this residence in June, 1990. His well is very bad and there is very little water. This situation happened about four (4) months ago and he said he appreciated his neighbors who have helped him. Mr. Allen explained that he felt the best solution was to run the sewer line from Hokah Drive to his residence. He understood that two (2) of the residences are not interested. However, the Matthew Glocke's next door would be interested in hooking up in the near future and felt this would be of interest to the City. Mr. Allen said that everyone at the City and his neighbors have all helped and been very nice to him. Matthew Glocke, 461 Birch Street said he was very interested in connecting to sanitary sewer and is already hookup up to the water. However, he is unable to accept another assessment at this time. He expected to hook up soon, within the next year or two (2). Mrs. Allen asked if the sanitary sewer line was run from Hokah Drive, would the other three (3) property owners be assessed. Mayor Bisel explained the Charter process. Mr. Allen said that he has had several septic system installers look at installing a new septic system. They all say that a mound system would be needed at a cost of about $9,000. Even the installers suggest PAGE 14 1 1 1 1 1 1 COUNCIL MEETING APRIL 22, 1991 that the Allen's connect to the sanitary sewer. Council Member Reinert said he felt if two (2) commitments could be made, the Allen's should be connected to the sanitary sewer by using some revolving funds. After discussing methods to implement the assessment, whether or not all or a portion of the Giocke assessment could be delayed and if there were assessment deferments, Council Member Bohjanen moved to adopt Resolution No. 37 - 91 and order a feasibility report contingent upon two (2) parties agreeing to accept an assessment. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 37 - 91 can be found at the end of these minutes. Resolution No. 34 - 91 Accepting Bids for Reshanau Lake Trunk Sewer Improvement - Mr. Schneider explained that bids had been received for this improvement on April 19, 1991. The bids were very good, the apparent winning contractor is very good. However, Metropolitan Waste Control would like an opportunity to consider the bids since the may assume the cost for Division III of the improvement. Council Member Bohjanen moved to table this item. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 35 - 91 Accepting Bids for Brandywood Estates and White Tail Ridge and Resolution No. 36 - 91 Accepting Bids on White Trail Ridge Grading - Mr. Boxrud explained that bids were received for this improvement on April 19, 1991. Four (4) of the eight (8) bids received were below the engineer's estimate. The low bidder is the same low bidder on the Reshanau Lake Trunk Sewer Improvement. Quotations for the grading of White Tail Ridge were solicited separately. The quotation from Arnt Construction, Inc. for $12,007.00 was the lowest quote. Necessary easements will be obtained for this improvement. Mr. and Mrs. Katzung expressed a concern regarding the removal of trees. A response will be prepared by the City Attorney, City Administrator and City Engineer. Permits are being requested and processed. Council Member Kuether moved to adopt Resolution No. 35 - 91 awarding the bid to Arcon Construction for this improvement. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert El Kuether El PAGE 15 121 122 COUNCIL MEETING APRIL 22, 1991 Motion carried unanimously. Resolution No. 35 - 91 can be found at the end of these minutes. Council Member Reinert moved to approve Resolution No. 36 - 91 awarding the quotation for grading to Arndt Construction Company. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel ® Bohjanen ® Kuether Neal ® Reinert El Abstained: none Motion carried unanimously. Resolution No. 36 - 91 can be found at the end of these minutes. Consideration of Authorization to Proceed with Field Survey, Lake Drive and Highway 49 - Mr. Boxrud explained that extension planning and engineering work has been performed to provide for a realignment of Lake Drive and Highway 49 in order to accommodate the proposed Rice Lake Plaza development. The developer has not proceeded as quickly as desired and a resident on North Road has constructed a residential garage in the area very close to the right -of -way. The project has been delayed to the point where Anoka County is concerned about being able to retain the funding they have allocated for their share of this project. In order to maintain the Anoka county and Mn /DOT commitments to the project, it may be advisable to complete and obtain approval of the preliminary layout so that when the developer is ready to proceed, the City can proceed immediately with preparation of plans and specifications for the proposed improvement. The work to be accomplished to complete the geometric layout includes field locating survey control points and existing monumentation in the area, computing the final alignment of the proposed roadways, obtaining topographic data along the alignment, setting preliminary grades, and submitting the entire package to Mn /DOT and Anoka County for approval. All of this work will be usable during preparation of plans and specifications, whenever the project does proceed. It was noted that if this work is not done now, the project may be delayed for years because of lack of funding from Mn /DOT and Anoka County. Council Member Reinert moved to authorize completion of the surveys and the geometric layout in order to be prepared for development in the area. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen ® Kuether PAGE 16 1 1 1 COUNCIL MEETING APRIL 22, 1991 Neal ® Reinert Rg Abstained: none Motion carried unanimously. OLD BUSINESS Disbursements, April 22, 1991 - Council Member Neal asked for an explanation of the disbursement on Page 5, Day Care, $122.44. Mr. Schumacher explained that the employees are enrolled in a flex- benefit plan which allows them to have a designated amount withheld from their pay checks and paid for day care. Council Member Kuether asked for an explanation of a disbursement to Robert Neal, PHD. Mr. Schumacher explained that this concerned the Cliff Ross situation. Council Member Bohjanen moved to approve the disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Set Public Hearing for Comprehensive Water and Sewer Rate Study - Mr. Schumacher explained that Mr. Schneider has prepared a comprehensive study of water and sewer rates in the City of Lino Lakes. The study indicates that rate adjustments will have to be considered by the Council. A public hearing is required prior to any rate changes. Council Member Reinert moved to set the public hearing for Tuesday, May 28, 1991 at 7:30 P.M. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Lawful Gambling Permit, Centennial Fire Relief Association for the 49 Club and My Place On The Lake - Mrs. Anderson explained that this is a request for renewal of the Gambling Licenses for both locations. There have been no problems reported at either location. Council Member Reinert moved to approve the renewal of the lawful gambling permit for Centennial Fire Relief Association for the 49 Club and My Place On The Lake. Council Member Neal seconded the motion. Motion carried unanimously. There was a question as to how the Fire Relief Association can spend the proceeds from lawful gambling. Mr. Hawkins explained that it is usual for the Relief Association to have a general fund and a relief fund. Equipment cannot be purchased from the relief fund. The Relief Association are subject to all rules governing other non profit organizations. Council Member Neal moved to adjourn at 9:28 P.M. Council Member Kuether seconded the motion. Aye. PAGE 17 123 124 COUNCIL MEETING APRIL 22, 1991 These minutes were considered, corrected and approved at a regular Council meeting held on May 13, 1991. Aar' yn . Anderson, Haro d L. Bisel, Cle k -T easurer Mayor PAGE 18 1 1 1 1 1 Council Member Bohjanen introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 32 - 91 RESOLUTION ORDERING IMPROVEMENT OF WENZEL FARMS WHEREAS: a resolution of the City Council adopted the llth day of March, 1991, fixed a date for a Council hearing on the proposed improvement of Wenzel Farms, WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 8th of April, 1991, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS: the petitioner for the improvement has petitioned that fifty (50) of the sixty (60) days waiting period required in Section 8.04, Subd. 1 of Chapter 8 of the Lino Lakes City Charter, be reduced to ten (10) days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the llth day of March, 1991. Adopted by the Council this 22th day o April, 1991. .1) Harold L. Bisel, /Mayor '11 '1,,,-- '-'---/ ,,-. p-L,C,_-1.--,4-_y 1Iar lyn G. Anderson, Clerk- Treasurer 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, Kuether abstained. Where upon said resolution was declared duly passed and adopted. 125 126 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 33 - 91 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE IMPROVEMENT OF SUNRISE DRIVE FROM FAIRMONT DRIVE TO ELM STREET WHEREAS, pursuant to a resolution of the Council adopted on March 11, 1991 with reference to the improvement of Sunrise Drive (Fairmont Drive to Elm Street), and this report was received by the Council on April 22, 1991, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of Sunrise Drive (Fairmont Drive to Elm Street) 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 $75,400.00. 2. A public hearing shall be held on such proposed improvement on the 28th day of May, 1991 in the council chambers of the city hall at 7:00 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 22nd day of April, 1991. Harold L. Bisel, Mayor Marilyn/G. Anderson, Clerk - Treasurer 1 1 1 1 1 1 RESOLUTION NO. 33 - 91 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bisel, Kuether, Neal, Reinert, Bohjanen. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 127 128 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 35 — 91 RESOLUTION ACCEPTING BIDS FOR BRANDYWOOD ESTATES IMPROVEMENT AND WHITE TAIL RIDGE IMPROVEMENT WHEREAS: pursuant to an advertisement for bids for the Brandywood Estates inprovement and White Tail Ridge improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Arcon Construction 903 East Forest Mora, Minnesota 55051 S. J. Louis P. O. Box 1373 St. Cloud, Mn. 56302 Richard Knutson, In. 12585 Rhode Island Ave. S Savage, Mn. 55378 C. W. Houle, Inc. 1300 West County Road I Shoreview, Mn. 55126 Rice Lake Contracting, Inc. 4756 Banning Avenue , Suite 207 White Bear Lake, Mn. 55110 Barbarossa & Sons 11000 - 93rd Avenue North Osseo, Mn. 55369 Landwehr Heavy Moving P. O. Box 1086 St. Cloud, Mn. 56302 Northdale Construction 14450 Northdale Blvd. Rogers, Mn. 55374 $ 592,061.95 619,509.15 657,267.00 659,018.70 700,333.60 715,146.00 741,204.56 798,265.55 1 1 1 1 RESOLUTION NO. 35 - 91 PAGE -2- AND WHEREAS, it appears that Arcon Construction, 903 East Forest, Mora, 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 the Clerk are hereby authorized and directed to enter into the attached contract with Arcon Construction, 903 East Forest, Mora, Minnesota for the improvement of the Brandywood Estates and White Tail Ridge according to the plans and specifications therefor 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 lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 22nd day of April, 1991. C Harold L. Bisel, Mayor Marlyn )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, Kuether, Bisel, Reinert, Bohjanen The following voted against same: None. Whereupon said resolution was declared duly passed. 129 130 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 36 - 91 RESOLUTION ACCEPTING BIDS FOR GRADING OF WHITE TAIL RIDGE IMPROVEMENT WHEREAS: pursuant to an advertisement for bids for the grading of White Tail Ridge improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Arnt Construction Company, Inc. P. O. Box 224 Lino Lakes, Mn. 55038 Glenn Rehbein Excavating, Inc. 7309 Lake Drive Lino Lakes, Mn. 55014 AND WHEREAS, $12,007.59 $14,989.55 it appears that Arnt Construction Company, Inc., P. O. Box 224, Lino Lakes, 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 the Clerk are hereby authorized and directed to enter into the attached contract with Arndt Construction Company, Inc. P. O. Box 224, Lino Lakes, Minnesota for the grading of White Tail Ridge according to the plans and specifications therefor 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 lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 22nd day of April, 1991. 1 1 RESOLUTION NO. 36 - 91 PAGE -2- ar lyn erson, Clerk- Treasurer Harold L. Bise The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None. Whereupon said resolution was declared duly passed. 131 132 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 37 - 91 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - SANITARY SEWER EXTENSION FROM HOKAH DRIVE TO GORDON ALLEN RESIDENCE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the extension of sanitary sewer from Hokah Drive east to the Gordon Alien residence is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to Darrell Schneider, Toltz, King, Duvall and Anderson, Inc.. and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 22th day of Ap il, 1991. r Harold L. Bisel, Mayor G.'Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1