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