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HomeMy WebLinkAbout06/24/1991 Council Minutes (2)226 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JUNE 24, 1991 DATE : TIME STARTED : TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : June 24, 1991 6:40 P.M. 9:52 P.M. Bisel, Bohjanen, Neal, Reinert Kuether Staff members present: Attorney, Bill Hawkins; Engineer's, Darrell Schneider and Dan Boxrud; Planner, John Miller; Administrative Assistant, Dan Tesch and Clerk- Treasurer Marilyn Anderson. Administrator, Randy Schumacher arrived later in the meeting. CONSENT AGENDA Council Member Bohjanen moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. MINUTES: ITEM Work Session, June 6, 1991 Work Session, June 10, 1991 Regular Council Session, June 10, 1991 DISBURSEMENTS: June 24, 1991 Centennial Fire Department REGULAR AGENDA OPEN MIKE There was no one to speak under Open Mike. CONSIDER DRAFT OF 1992 CABLE COMMISSION BUDGET DISPOSITION Approved Approved Approved Approved Approved A draft of the 1992 Cable Commission Budget was included in the Council packets. Mr. Tesch explained that Lino Lakes is one (1) of eight (8) cities in the consortium that must take action on the draft budget. He explained that the Cable Commission has PAGE 1 1 1 1 1 1 COUNCIL MEETING JUNE 24, 1991 noted the financial difficulties of the participating cities and has cut the budget by 5%. Mr. Tesch also noted that an additional 5% has been added to the franchise fees. Mayor Bisel asked if this Council could actually make any difference in the Cable Commission budget process. Mr. Tesch explained that he would relay all concerns and comments of the Council to the Commission. There is also technical authority in the franchise agreement that would allow this Council to delay the budget procedure if this Council felt strongly about a particular issue in the budget. At this time four (4) of the member cities have accepted the draft budget. The other cities will be taking action on the budget this week. A lady from the audience asked why she could not get Cable TV in her home. Mayor Bisel explained that the City does not have the authority to tell Cable TV where to lay cables. At this time they require that there be 40 homes per mile before cables are extended. Council Member Neal noted that North Central Suburban Cable Commission installed a "dish" in the attic of the fire station because Cable TV cables had not been extended to the site. Mr. Tesch explained that this was done because North Central Suburban Cable was required to hook up all public buildings. Mr. Tesch explained that since Cable TV has been de- regulated, there is very little input from any City into the operation of the Cable TV. He said he would relay all personal requests to the commission and make sure that they do check and give the resident a "ball park" date for the future. Mayor Bisel asked Mr. Tesch to check Council Member Neal's comments regarding a "dish ". Council Member Reinert asked Mr. Tesch to check and see if the resident is willing to pay more for installation, would North Central consider extending Cable TV into an area that did not yet qualify for installation. Council Member Neal moved to approve the draft of the 1992 Cable Commission Budget. Council Member Bohjanen seconded the motion. Motion carried unanimously. DESIGN REVIEW BOARD REPORT Consideration and Approval of a Minor Subdivision for Thomas Brunner, 270 Linda Avenue - Mr. Brunner owns a residence on the west 190 feet of Lots 1 and 2 of Arthur E. Thom Acres. Immediately south of the residence is Outlot A, Rohavic Oaks. Much of Outlot A is wetland and a drainage easement covers the outlot's north 37 feet. Mr. Brunner wishes to buy a portion of Outlot A and attach it to his residential property. The land would be used primarily for open space for his family. The PAGE 2 223 224 COUNCIL MEETING JUNE 24, 1991 remainder of Outlot A would remain in the ownership of David Vickers who owns a residence adjacent to that portion of Outlot A. Mr. Vickers uses the land as open space. The DRB has reviewed and approved this application. Council Member Reinert moved to approve a minor subdivision for Thomas Brunner, 270 Linda Avenue as outlined in DRB Application No. 91 -19 and as recommended by the DRB and contingent upon the new parcel being combined with the applicants present parcel. Council Member Bohjanen seconded the motion. On a roll call vote: VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Review of Conditional Use Permit Flanagan, Set Public Hearing for Council Member Bohjanen moved to Council Member Neal seconded the unanimously. for Bill's Auto Repair /Bill July 22, 1991, 7:00 P.M. - set this public hearing. motion. Motion carried Consideration and Approval of Minor Subdivision and Variance, Bill Nadeau - Mr. Nadeau lives at 6687 - 20th Avenue. He wishes to sell his home and purchase a larger lot nearby and build a new home. Some time ago the owners of the adjacent property received approval of a metes and bounds subdivision that created several lots with frontage on both Birch Street and 20th Avenue. The land that Mr. Nadeau wish to purchase includes all of tract D and parts of tracts B and C that were created by the earlier subdivision. The request requires action by the City Council to approve a minor subdivision to combine two (2) parcels (tracts E and F) and change boundary lines for other parcels (tracts B, C and D). A variance is needed because tract B will be reduced in size from 10.15 acres to 4.08 acres. The DRB recommended approval of the minor subdivision and variance. Mr. Miller recommended approval of the minor subdivision and variance explaining that it will create a better configuration for future re- subdivision. Both the NSP and Anoka Electric power line easements were identified on the maps. Council Member Reinert suggested combining tract B with an adjacent parcel and eliminate the need for the variance. Mr. Nadeau said he has already given up one (1) buildable lot (tract F) and could not afford to give up another. PAGE 3 1 1 1 1 1 1 COUNCIL MEETING JUNE 24, 1991 After further discussion, Council Member Neal moved to approve a minor subdivision for William Nadeau as outlined in:DRB application No. 91 - 23 and as recommended by the DRB. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen Neal © Reinert Kuether ❑ Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Council Member Bohjanen moved to approve the variance for William Nadeau as outlined in DRB application No. 91 - 24 and as recommended by the DRB. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Consideration and Approval of Minor Subdivision for Anoka County Parks for Land on Aqua Lane - Anoka County Parks is planning to build a new street to serve as main entrance to Chomonix Golf Course. The present entrance is West Shadow Lake Drive and this forces a large amount of non - residential traffic to use what is basically a neighborhood street. The new street will be located at the present Aqua Lane location and will lead to the Chomonix Golf Clubhouse. The street will not link with West Shadow Lake Drive. The current Aqua Lane is only 33 feet wide and present street standards require a 60 foot wide right -of -way for City streets. An additional 27 feet is needed. This additional 27 feet is proposed to be subdivided from the Elsie Wenzel estate. The DRB considered and approved this request. At the June 12, 1991 Project Management meeting, City staff suggested that approval be granted contingent upon vacation of Aqua Lane in favor of Anoka County Parks Department and approval of road construction plans by the City. Council Member Reinert expressed concern that the new street be constructed so that if there is any future development either along the north or south side of the street, the street will have been constructed properly and the County would have granted access to the street for such traffic. PAGE 4 228 COUNCIL MEETING JUNE 24, 1991 Council Member Neal asked about the bridge replacement on Aqua Lane. He noted that the County has received a grant for the construction of the bridge. It was noted that the bridge will have to be constructed so that it can carry all emergency vehicles. Council Member Bohjanen asked that a stipulation be added requiring the County to maintain the new street and bridge. Mr. Miller indicated that there will be provisions for trails on the north side of the new street. These trails will eventually link to the trail system in Wenzel Farms Addition. Council Member Reinert asked about the archeological survey of the area where the street is to be located. Mr. Schneider explained that this matter has been resolved and construction of the new street will be around the important artifact area. Council Member Bohjanen moved to approve the minor subdivision for Anoka county Parks Department as outlined in DRB application No. 91 -25 and as recommended by the DRB subject to the vacation of Aqua Lane by the City, receipt and approval of road construction plans, contingent upon Anoka County Parks maintaining the street and bridge and subject to access to the street by the property on both the north and south sides of the street. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. PUBLIC HEARING, AMELIA LAKE ESTATES REZONE, FIRST READING, ORDINANCE NO. 10 - 91 Mr. Miller used the overhead projector and outlined the location of the area to be rezoned. He noted that earlier this year the Council approved a concept plan for the south 20 acres of the area which is proposed to be developed into town homes. Several other actions are needed by the City Council in this matter: 1) preliminary plat review, 2) tax increment financing agreement, 3) final plat approval, 4) Comprehensive Land Use Plan Amendment, 5) completion of homeowners agreement, and 6) sanitary sewer agreement with White Bear Township. The area is proposed to be developed in phases. The first phase will contain 20 buildings, 40 town homes. Single family housing PAGE 5 1 1 1 1 1 COUNCIL MEETING JUNE 24, 1991 is proposed for the northerly portion of the property. Mr. Miller explained that he has visited informally with the Metropolitan Council and was told that the Comprehensive Land Use Plan Amendment could require a short ten (10) day review. Other agencies such as the DNR and Vadnais Watershed Management Organization has taken some time with regard to the set back from the Amelia Lake. All issues with these agencies are resolved but need written support. Only the south 20 acres of Amelia Lake Estates is proposed to be rezoned from Rural Executive (R -X) to Planned Unit Development (PUD) at this time. This would allow a development to be designed so that it fits the special conditions of the property. This will also allow the Council to impose requirements on the development. The DRB recommended approval of the rezone but requested additional information regarding the proposed town homes. The town homes are proposed to be priced starting at $175,000.00 and the developer is planning on starting construction this year. Mayor Bisel opened the public hearing at 7:45 P.M. Amy Donlin, 6100 Centerville Road read a prepared statement. She explained that she had conducted an informal survey of her area and found that 27 of 28 families surveyed opposed the Amelia Lake town homes proposal. She noted that approximately $425,000 of tax payor money and $315,000 of TIF money was proposed for the improvements. The surveyed families felt the proposal was a waste of tax payer money, the rezone would increase taxes again. They expressed fear of the changes brought by the drastic population gain and concerns of the effect on the environment values of Lake Amelia. The residents were also concerned that the Council would approve such a project without asking or informing current residents of the proposal. Robert Johnson, 1900 Bloom Court said that he did not get a notice of this meeting although his property is only 170 feet from the are proposed to be rezoned. He asked if anyone on the Council has assessed the market for town homes of this value. He also asked why the developer feels he can market town homes with 35E in their backyards? He noted that he jumped through the hoops eight (8) years ago when he moved here and now he feels he is being forced -fed this issue. Mr. Johnson said he felt the town homes would drastically force property values down. He also noted that he had never met Mr. Birch, the developer but asked the Council to weigh all concerns. Art Hawkins, 6102 Centerville Road read from a letter that he had written to the Council members. A copy of this letter is PAGE 6 229 230 COUNCIL MEETING JUNE 24, 1991 included in the file. Mr. Hawkins objected to the rezoning explaining that a cost benefit has not been demonstrated, rezoning of the area requires a Comprehensive Land Use Plan Amendment and this has not yet been approved, and an unacceptable burden will be placed on Lake Amelia. He felt that the proposal is a sudden switch and it is inconsistent and unfair. Mr. Hawkins said he felt that open government and citizen input does not apply very well in Lino Lakes. He said that he had talked to someone at city hall who has said that the project was a done deal as far as the Council was concerned. Mr. Hawkins continued to read his letter noting what appeared to be an inconsistency in the amount of units planned for Amelia Lake Estates. He explained that a week ago 40 units were planned and now the White Bear Press says 268 units are planned. Mr. Hawkins asked what the population plan is for Lino Lakes. He said he felt it was a poor time to expand and the expansion would place a heavy tax burden on the city. Mr. Hawkins also asked that an environmental work sheet be completed on the project. He also noted that he has talked to the same agencies that the City has been talking to and both have arrived at different conclusions. Jacqueline Farm, 6209 Centerville Road explained that she had moved to Lino Lakes seven (7) years ago to raise her children in a rural atmosphere. She was required to purchase 10 acres and is concerned that this project will be constructed with variances etc. Mrs. Farm said she knows development will come but asked if people will purchase $170,000.00 town homes where you can tap on the wall and hear your neighbor. She also asked if any low or moderate income housing is proposed for the Amelia Lake area since public money is being used. Tom Donlin, 6100 Centerville Road asked what has changed in the last three (3) years since he built his house? He noted that he was required to build on ten (10) acres of land. About a year later there was a request to build houses on 2 1/2 acre lots and that request was denied by the Council. What has changed to allow town houses on the very same property. John Bell, 1969 Birch Street reminded the Council of the matter considered tonight regarding Bill Nadeau who was required to maintain a ten (10) acre minimum sized lot. He said he did not think a variance should be granted for Amelia Lake Estates. Kirk Hawkinson, 1909 Birch Street explained that he works for a company that does town house maintenance. He felt the proposal for $175,000.00 town houses was ludicrous. He felt the City should research this matter and consider a more realistic $75,000.00 per unit town house development. PAGE 7 1 1 1 1 1 1 COUNCIL MEETING JUNE 24, 1991 Mayor Bisel asked Mr. Miller and Mr. Schumacher to clarify some matters of concern that were expressed this evening. He noted that it is the policy of the Council to consider large important matter only when the entire Council is present. This evening Council Member Kuether is ill and he will ask the Council to either continue the public hearing until July 8, 1991 or close the public hearing but not take action on the matter until July 8, 1991 when the entire Council will be present. Mr. Schumacher explained that the Council has not reviewed or acted upon any part of the Amelia Lake Estates proposal other than to review the concept design. The developer owns the property and he has the right to apply for rezoning of the property and /or plat approval. The developer is required to present a letter of credit for the assessments and will be assessed 100% for all improvements. There will be no tax payers dollars used for this development. The City will bond for the improvements, however the developer will provide a developers agreement which guarantees 100% payment of assessments by the developer. The City will not be using any public dollars on this project. A Tax Increment Financing (TIF) plan hearing will be held on July 8, 1991. The TIF plan proposes to use all new tax dollars generated by the subdivision to be re- invested into the site to correct soil conditions and prepare the site for development. Mr. Miller explained that absolutely no tax payers dollars have been used for this project. The developer has posted $12,000.00 in escrow to cover the cost of the planners, engineers and attorneys reviews. Mayor Bisel explained that Mr. Johnson did not receive a notice of the public hearing because his property is more than 350 feet from the area to be rezoned. Although Mr. Johnson's property is within 200 feet of the developer's north boundary, this area is not proposed to be rezoned at this time. This area is planned to be developed into single family homes. Mr. Miller explained that it has never been proposed to build 268 town home units in the Amelia Lake Area. He noted that Mr. Boxrud had completed a report that indicated that was enough capacity in the White Bear Township sanitary sewer for 268 connections in Lino Lakes. Mr. Miller said that the current proposal is to rezone 20 acres of land and build 20 structures which would contain 40 town homes. Mr. Miller explained that the developer is proposing to build town homes selling at about $170,000.00 per unit. This will be written in the PUD agreement and the developer will not be PAGE 8 231 232 COUNCIL MEETING JUNE 24, 1991 allowed to build less expensive units. The Council cannot tell the developer what he can and cannot build. This is a free market and it is not the responsibility of the Council to determine what will sell and what will not sell. Council Member Reinert asked that the Council not loose sight of the fact that residents purchased some rights when they moved into Lino Lakes. They cannot be infringed upon. Council Member Neal asked what would happen to the TIF plan if the developer declares bankruptcy. Mr. Schumacher explained that the TIF plan is a "pay as you go" plan. As the project is built, more taxes will be generated which the City will give back to the developer. Council Member Neal asked who operates the town home project. Mr. Schumacher explained that a home owners association will be formed and the association will have the ability to tax the residents for upkeep and certain maintenance costs. Council Member Neal asked if the builder cannot sell $175,000.00 units can he build cheaper units. Mr. Schumacher explained that if the builder decides $175,000.00 units are not selling, he may come back to the Council to ask that the PUD be amended. He must get Council approval. Council Member Reinert moved to continue the public hearing to July 8, 1991. Council Member Bohjanen seconded the motion. Motion carried unanimously. Mayor Bisel expressed appreciation for the manner that the audience conducted themselves. He noted that the Council's job is not always easy. He also explained that rezoning property is a two (2) step matter. Property must be rezoned by ordinance. The ordinance is normally introduced during the public hearing and must have a second reading at a Council meeting at least two (2) weeks after the public hearing. There are two (2) occasions at the Council level for the public to give their input. Mayor Bisel asked that Mr. Miller and Mr. Boxrud set a meeting with the residents in the area of Amelia Lake Estates for Monday, July 1, 1991 at 7:00 P.M. The Council took a recess from 8:30 P.M. to 8:37 P.M. PUBLIC HEARING, PRELIMINARY PLAT, RESHANAU LAKE ESTATES SOUTH, 4TH AND 5TH ADDITIONS Mr. Miller explained that the preliminary plat before the Council this evening is a replat of a previously approved preliminary plat. The previously approved preliminary plat indicated that Fox Road extending north from Colonial Woods would be completed PAGE 9 1 1 1 1 1 1 COUNCIL MEETING JUNE 24, 1991 into Reshanau Lake Estates South. The preliminary plat was reviewed by the DNR and the CORP and the developer and staff were advised that problems existed with the original plat and it was unacceptable. No permits were granted. Staff has met with representatives from Colonial Woods and the CORP and a revised plat has been prepared. The revised preliminary plat appears to meet with approval of both the Colonial Woods residents and the CORP. Mr. Miller noted that the area in Reshanau Lake Estates South where Fox Road was to be extended was in protected wetlands. This means that Fox Road cannot be extended north as originally planned. The revised preliminary plat indicates that a trail will be constructed connecting Fox Road in Colonial Woods to Fox Road in the new preliminary plat. (The name Fox Road will be changed in the Reshanau Lake Estates South 4th and 5th Additions.) The trail will be used for the future extension of utilities into Colonial Woods, as a point of pedestrian traffic between Colonial Woods and Reshanau Lake Estates South and as an emergency access for police and fire equipment and personnel. A barrier will be erected that can easily be removed for emergency vehicles. Mr. Miller said he felt that the revised preliminary plat addressed all of the concerns detailed during the original preliminary plat discussions. Mr. Miller noted a variance will be needed for Lots 1, 2, 3, 4 and 5, Block 3. Because of the wetlands and other limitations, the proper lot depth cannot be platted. The lots will measure 125 feet in depth rather than the 135 foot requirement. All of the lots will meet and exceed the square footage requirements. A second variance will be required for the cul -de -sac at the south end of Deerwood Lane. The length exceeds the City Code. Mr. Miller also noted that the DRB is working on revising the cul -de- sac portion of the City Code. Mayor Bisel opened the public hearing at 8:50 P.M. Monika Slatten, 6283 Red Maple Lane explained that she was representing the residents in Colonial Woods. She expressed appreciation to the staff, the developer and the City Council for their time and support in the preparation of a preliminary plat that they all could approve. Mrs. Slatten asked that the preliminary plat be passed as presented. Doug Kruse, 6263 Red Maple Lane said that he supports the revised plat but also supported the landscaping plan that was presented with the previous preliminary plat. He asked that particularly the landscaping on Lots 4 and 5, Block 2 be followed. Mr. Kruse said that this preliminary plat is a fair compromise. PAGE 10 233 234 COUNCIL MEETING JUNE 24, 1991 Mike Pojar, 6265 Red Maple Lane said that it appears that all the agreements made during the original preliminary plat process is "out the door ". He expressed concern with the water problem at the southwest corner of the revised plat because water drains from Colonial Woods and collects in this area. Mr. Pojar noted that elevations on the new plat are the same as the previous plat. He also noted that Mr. Uhde has assured him that there will be proper drainage in this area. Mr. Pojar asked that drainage facilities be carefully monitored and vegetation mandated. Fran Hagen, Jr. Westwood Profession Services, planner for the developer explained the drainage plan, the grading plan and the plan for storm sewers that will lead to the existing pond system. He noted that the final drainage plan must be approved by the City Engineer. Gary Uhde, developer of Reshanau Lake Estates South assured the residents that the landscape issue would not be a problem. A new plan will be drawn to please the current residents. Mr. Uhde thanked the staff and the residents of Colonial Woods for working with him. He said he felt this was a fairly good plan and it does have the approval of the CORP. Council Member Bohjanen moved to close the public hearing at 9:00 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to approve the preliminary plat as outlined in DRB application No. 91 -17 subject to an acceptable landscape plan, foliage plan and drainage plan. Council Member Neal seconded the motion. Mr. Schumacher noted that the Public Works Department and the Fire Department have expressed concern that the trail from Reshanau Lake Estates South into Colonial Woods be constructed so that it would not fail under the weight of a fire trunk. Mr. Boxrud noted that the Fire Department wanted the trail blacktopped as well. There was concern regarding the width of the trail as well as the accessibility to the trail by emergency vehicles. Council Member Reinert asked that a sentence stating, "the trail shall meet all requirements for emergency vehicles to pass through" be added to the motion. Council Member Bohjanen and Council Member Neal accepted this addition. VOTING ON THE MOTION: Bisel © Bohjanen © Kuether ❑ PAGE 11 1 1 1 1 1 COUNCIL MEETING Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. JUNE 24, 1991 Council Member Bohjanen moved to approve DRB application No. 91- 18 granting a variance for the long cul -de -sac and for Lots 1, 2, 3, 4 and 5, Block 3, Reshanau Lake Estates South, 4th Addition. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal © Reinert Abstained: none, Council Member Kuether was absent. Kuether ❑ Motion carried unanimously. The six (6) findings of fact to support the above variance are as follows: 1. As a result of identification of protected wetlands on the property, the land could not be put to reasonable use under conditions allowed by official controls. 2. The plight of the land is caused by approval of adjacent subdivisions in the area and the existence of certain wetlands both on and adjacent to the site. 3. No reasonable use other than single- family development exists for the property; the land is within the Metropolitan Urban Service Area boundary. 4. No special privilege is granted to the applicant as variances in similar situations have been granted to other landowners. 5. The single - family development will be consistent with adjacent neighborhoods. 6. The landowner submitted an application in accordance with the requirements of this ordinance and proper procedure was followed in its consideration. PUBLIC HEARING, VACATION OF EASEMENTS, WOODRIDGE ESTATES, RESOLUTION NO. 60 - 91 Mr. Schneider explained that there is a 20 foot easement on the south property line of Lot 1, Block 3, Woodridge Estates. This PAGE 12 235 23-6 COUNCIL MEETING JUNE 24, 1991 easement originally was planned for the installation and maintenance of a storm sewer. The storm sewer was moved to the north property line of this lot. Resolution No. 60 - 91 will allow the vacation of ten (10) feet of the 20 foot easement. Mayor Bisel opened the public hearing at 9:10 P.M. Bob Culvert, 6100 Oakwood Drive explained that he owns the lot under discussion. He presented the petition to allow the ten (10) feet to be vacated. Mr. Culvert is planning to build a deck and the additional ten (10) feet will allow him to meet proper side yard set backs. Council Member Bohjanen moved to close the public hearing at 9:12 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Reinert moved to approve Resolution No. 60 - 91 vacating ten (10) of the 20 foot easement on the south property line of Lot 1, Block 3, Woodridge Estates. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Resolution No. 60 - 91 can be found at the end of these minutes. ENGINEER'S REPORT Resolution No. 54 - 91 Declaring Adequacy of Petition and Ordering Preparation of Report, Reshanau Lake Estates South, 4th and 5th Additions, Darrell Schneider - A letter has been received from G. M. Development has been presented to the City requesting an updated feasibility report for this improvement. Plans and specifications were previously ordered by the City Council in 1989, but work was stopped about at the halfway point when development slowed. Later, it became necessary to replat the area due to changes in administration of wetlands by the CORP. Also G. M. Development has petitioned that 50 for the 60 day waiting period for ordering the improvement be waived. Council Member Bohjanen moved to approve Resolution No. 54 - 91 contingent upon the proper letter of credit being posted with the City. Council Member Neal seconded the motion. Motion carried PAGE 13 1 1 1 1 1 COUNCIL MEETING JUNE 24, 1991 unanimously. Resolution No. 54 - 91 can be found at the end of these minutes. Resolution No. 56 - 91 Accepting Bids, Wenzel Farms, Darrell Schneider - Mr. Schneider explained that plans and specifications were approved and authorization to advertise for bids was given at the May 13, 1991 Council meeting. Bids were received on Friday, June 14, 1991. The low bid includes installation of utilities and streets for all of Phase I including 20 town home units and Phase II which comprises two (2) cul -de -sacs which are presently being processed for final plating. Council Member Reinert moved to approve Resolution No. 56 - 91 awarding the bid to C. W. Houle for $674,002.75. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Resolution No. 57 - 91 Accepting Bids, Sunrise Drive, Darrell Schneider - Mr. Schneider explained that plans and specifications were approved and authorization to advertise for bids was given at the May 28, 1991 Council meeting. Bids were received on Friday, June 21, 1991 and Bituminous Consulting & Contracting Company, Inc. was low bid. Mr. Schneider noted that this company is good at smaller jobs such as this job. Council Member Reinert moved to approve Resolution No. 57 - 91 awarding the bid to Bituminous Consulting & Contracting Company, Inc. for $14,109.15. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert El Abstained: none, Council Member Kuether was absent. 6tion carried unanimously. Resolution No. 57 - 91 can be found at the end of these minutes. PAGE 14 237 238 COUNCIL MEETING JUNE 24, 1991 Plans and Specifications for PineRidge Addition, Dan Boxrud - Mr. Boxrud noted that the public hearing of these improvements was held on June 10, 1991. The developer has petitioned to waive 50 of the 60 waiting day period. Mr. Boxrud said he would recommend approval of Resolution No. 58 - 91 contingent upon receipt of the proper financial guarantees. Council Member Bohjanen moved to approve Resolution No. 58 - 91 subject to the receipt of the proper financial guarantees. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal © Reinert Abstained: none, Council Member Kuether was absent. Kuether ❑ Motion carried unanimously. Resolution No. 58 - 91 can be found at the end of these minutes. Resolution No. 59 - 91 Ordering report for Storage for Water System, Darrell Schneider - Mr. Schneider explained that during the month of May and early June the Council has received reports on the City's Water System and implemented a recommendation to adjust water and sewer user rates to meet increasing costs of operating the utility system. The City of Lino Lakes has received a letter from the City of Circle Pines that would terminate the cooperative use of the Lino Lakes well when Circle Pines puts a water treatment plant into operation with a complete termination of the joint usage of facilities no later than August 30, 1992. The schedule presented in Part I of the Water Study provides for the City Council ordering a further study of a water storage facility. Mr. Schneider said he felt it was important that the City Council meet in a work session and be involved and give input into the design and size of the water storage facility. He also suggested that the Council physically look at possible locations. Mayor Bisel asked Mr. Schumacher to set this meeting for July 8, 1991. Council Member Bohjanen moved to approve Resolution No. 59 - 91. Council Member Neal seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT Consideration of Condemnation Orders: Wenzel Farms, Reshanau Lake Trunk Sewer, Mennards, Pheasant Hills Preserve, Centennial PAGE 15 1 1 1 COUNCIL MEETING 239 JUNE 24, 1991 School District - Mr. Hawkins explained that permanent and temporary easements are needed for the above listed improvements and he does not expect any problems obtaining the easements. However, to expedite the improvements now under contract, he recommended that the condemnation process be started. Council Member Bohjanen moved to begin condemnation orders for the above listed improvements. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal © Reinert EJ Kuether ❑ Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Mr. Hawkins explained that Mr. Vaughan and the Centennial School District have agreed to give easements without cost. Negotiations with Mrs. Agnes LaMotte have been concluded and Mr. Hawkins asked that the Council approve the settlement of $2,900.00 to Mrs. LaMotte. Council Member Bohjanen moved to approve the recommendation of the City Attorney. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal © Reinert Kuether ❑ Abstained: none, Council Member Kuether was absent. Motion carried unanimously. Summons and Complaint, Oak Brook Peninsula - Mr. Hawkins advised the Council that a law suit has been filed against the City, Mr. Marlin Hanson and Mr. Adamson by the Otter Lake Home Owners Association. The complaint against the City is in regard to procedural errors. Mr. Hawkins felt that an excellent defense can be proven and recommended that the lawsuit be forwarded the insurance carrier who will defend the City. CONSIDERATION OF COUNCIL COMPENSATION, FIRST READING, ORDINANCE NO. 03 - 91 Mr. Schumacher explained that this City has been growing for the past three (3) years at an unprecedented rate. Increasing just as rapidly has been regulations concerning residential development, changes in economic development procedures and tax increment financing and state mandated programs. These increases have translated into weekly Council meetings and work sessions, PAGE 16 240 COUNCIL MEETING team building and special meetings, as well as work sessions prior to regular Council meetings. More precisely, the time demands on Council Members has far out paced the original Council compensation ordinance. In order to address this discrepancy, Mr. Schumacher recommended a per meeting charge for Council Members. A per meeting charge would not translate into an automatic increase in Council compensation. Rather, this charge would apply only to those members who attend the meeting, and consequently meet the added time constraints. Mayor Bisel noted that the ordinance will require that a voucher be prepared by each Council member when he /she attends an extra Council meeting. In addition the Council Member must attend 50% of the meeting to be eligible for payment. Council Member Neal moved to approve the first reading of Ordinance No. 03 - 91 and dispense with the reading. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel El Bohjanen Neal © Reinert Kuether ❑ Abstained: none, Council Member Kuether was absent Motion carried unanimously. Ordinance No. 03 - 91 will have its second reading on July 8, 1991. If the Council adopts the ordinance at that time, the ordinance will become effective on January 1, 1992. OLD BUSINESS Terry Lappin Update - The City Council has entered into an exclusive developer's agreement with Mr. Terry Lappin regarding the intersection of Lake Drive and Highway #49. Mr. Lappin was in the audience and told the Council that he is pursuing the major development at the intersection. Lappin noted that he has narrowed his candidates to one retailer who is not available until July 8, 1991 for further discussion. Mr. Lappin asked the Council to extend his developer's agreement another 180 days contingent upon his notification of Mr. Miller within the next 60 days that a market study has been ordered. Mr. Lappin explained that he is working with the Fairway Foods Group. One concern is that they are also the wholesaler for Country Club. This means that the cost of the market study, approximately $4,300.00 will probably be paid by Mr. Lappin. One question to be resolved with the Fairway Foods Group is who will be the developer. Mr. Lappin 1 1 COUNCIL MEETING uses McGough. JUNE 24, 1991 Council Member Reinert moved to extend exclusive development right to Mr. Lappin for another 180 days contingent upon ordering the market study within the next 60 days Council Member Bohjanen seconded the motion. Motion carried unanimously. NEW BUSINESS Council Member Neal listed several items he would like discussed: 1) Archie Gay Lawsuit, 2) Ways and Means Committee meeting, and 3) Circle Pines Police Department speeding through Lino Lakes. Mr. Schumacher explained that Chief Campbell has sent a letter to the Circle Pines Police Department and the Circle Pines Police Chief has responded to the letter. The Council set a Ways and Means Committee meeting for Monday, July 1, 1991 at 6:30 P.M. Notices will be sent to Council members. Mr. Schumacher explained that all three cities have received notice of the Archie Gay lawsuit. He recommended that this Council endorse the Fire District attorney to defend the case. Mr. Schumacher noted that the Fire District attorney is already familiar with the case. Council Member Bohjanen moved to forward this matter to the Fire District attorney. Council Member Reinert seconded the motion. Motion carried unanimously. Mr. Miller explained that he has visited with Mr. Schumacher regarding two (2) redevelopment proposals that he has received for Ross' Corner. Mr. Miller asked to review the proposal with the Council and obtain a consensus from the Council on how he should proceed with the matter. The Council decided to meet in a work session with Mr. Miller immediately following this Council meeting. Council Member Reinert moved to adjourn at 9:52 P.M. Council Member Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the Council on July 8,1991. mac, Z/�� Marilyn . Anderson, Harold L. Bisel, PAGE 18 241 242 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 54 - 91 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - RESHANAU LAKES ESTATES SOUTH, 4TH AND 5TH ADDITIONS BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Reshanau Lake Estates South, 4th and 5th Additions, filed with the Council on June 10, 1991, 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, TKDA 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 10th day of June, 1991. Harold L. Bisel, Mayor %tier J �u14/9 z4/✓ yn Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none. Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 56 - 91 RESOLUTION ACCEPTING BIDS FOR WENZEL FARMS IMPROVEMENT WHEREAS: pursuant to an advertisement for bids for the Wenzel Farms, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID C. W. Houle, Inc. 1300 West County Road I Shoreview, Mn. 55126 Arcon Construction 903 East Forest Mora, Minnesota 55051 S. J. Louis P. O. Box 1373 St. Cloud, Mn. 56302 Barbarossa & Sons 11000 - 93rd Avenue North Osseo, Mn. 55369 AND WHEREAS, $ 674,002.75 690,675.22 728,223.00 784,994.65 it appears that C. W. Houle, Inc., 1300 West County Road I, Shoreview, 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 C. W. Houle, Inc., 1300 West County Road I, Shoreview, Minnesota for the improvement of Wenzel Farms 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 243 244 RESOLUTION NO. 56 - 91 PAGE -2- until a contract has been signed. Adopted by the Lino Lakes City Council this 24th day of June, 1991. Harold L. Bise , Mayor 2QltA( dud %env erson Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared duly passed. 1 1 1 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 57 — 91 RESOLUTION ACCEPTING BIDS FOR THE SUNRISE DRIVE IMPROVEMENT (FAIRMONT AVENUE TO ELM STREET) WHEREAS: pursuant to an advertisement for bids for the Sunrise Drive 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 Bituminous Consulting & Contracting Company, In. 2456 Main Street N. E. Minneapolis, Mn. 55434 Alber Construction, Inc.. P. O. Box 365 Osseo, Mn. 55369 Midwest Asphalt Corporation 6350 Industrial Drive P. O. Box 5477 Hopkins, Mn. 55343 W. B. Miller, Inc. 16765 Nutria Street Ramsey, Mn. 55303 $14,109.15 14,127.50 14,834.00 16,075.00 Aero Asphalt, Inc. 16,202.50 3570 Kilkenny Lane Hamel, Mn. 55340 AND WHEREAS, it appears that Bituminous Consulting, and Contracting, In, 2456 Main Street, N. E. Minneapolis, 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 Bituminous Consulting and Contracting Co., Inc. 2456 Main Street, Minneapolis, Minnesota for the construction of the Sunrise Drive improvement according to the plans 245 246 RESOLUTION NO. 57 - 91 PAGE -2- and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $14,109.15. 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 25th day of June, 1991. Harold L. Bi e , Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared duly passed. 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 58 - 91 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR PINERIDGE ADDITION WHEREAS: a resolution of the City Council adopted the 13th day of May, 1991, fixed a date for a Council hearing on the following described improvement: PINERIDGE ADDITION WHEREAS: published and mailed notice of the hearing as required by the Lino Lakes City Charter was given and a hearing was held thereon on the 10th day of June, 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. The improvement is hereby ordered as proposed in the Council resolution adopted the 13th day of May, 1991. 2. Dan Boxrud, SEH is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 24th day of June, 1991. arilyn Harold L. Bise , Mayor Anderson, Clerk - Treasurer 247 248 Resolution No. 58 - 91 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted. 1 1 1 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 60 - 91 RESOLUTION VACATING A PORTION OF UTILITY AND DRAINAGE EASEMENT, LOT 1, BLOCK 3, WOODRIDGE ADDITION WHEREAS: WHEREAS: Woodridge Estates is an approved subdivision within the City of Lino Lakes; and A 20 foot utility easement was recorded on the south side of Lot 1, Block 3, Woodridge Addition, and WHEREAS: A ten 10 foot utility easement is required, WHEREAS: This matter has been reviewed by the Public Works Director and the City Engineer, and WHEREAS: Four fifths of all the members of the Council concur in this resolution, NOW THEREFORE, BE IT RESOLVED, that the easement on the north ten (10) feet of the south 20 feet of Lot 1, Block 3, Woodridge Addition as shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino Lakes this 24th day of June, 1991. z g---4711 Harold L. Bisel, Mayor Av Mari1yn�. An erson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor: Neal, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Kuether was absent. Whereas the resolution was declared duly passed and adopted. 249