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HomeMy WebLinkAbout07/24/1995 Council Minutes1 COUNCIL MINUTES JULY 24, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : July 24, 1995 . 6 :30 P.M. . 7:43 P.M. : Bergeson, Elliott, Kuether, Neal, Reinert : None Staff members present: City Attorney, Bill Hawkins; Consulting Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Chief of Police, David Pecchia; Building Inspector, Pete Kluegel; City Administrator Randy Schumacher and Clerk - Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal second the motion. Motion carried unanimously. CONSIDERATION OF MINUTES MINUTES: Regular Council Meeting, June 26, 1995 Special Council Meeting, June 29, 1995 REGULAR AGENDA DISPOSITION Approved Approved Ron Solfest, Charter Commission Chairman - Mr. Solfest appeared before the City Council to briefly explain that the Charter Commission will be holding two public meetings to outline a proposed Charter amendment that will be on the ballot at the November 7, 1995 City election. The proposed amendment concerns Chapter 8 of the City Charter which deals with improvements and special assessments. The first meeting will be tomorrow, Tuesday, July 25, 1995 at 7:00 P.M. and the second meeting will be COUNCIL MINUTES JULY 24, 1995 Thursday, August 10, 1995 at 7:00 P.M. Both meetings will be held at the Rice Lake Elementary School. At both meetings, there will be a brief presentation about the proposed amendment as well as the current City Charter. City Attorney, Bill Hawkins and an attorney from the League of Minnesota Cites will attend the meeting tomorrow to answer questions about the proposed amendment and the City Charter. Mr. Hawkins will attend the August 10, 1995 meeting. Senator Jane Krentz appeared before the City Council to introduce herself and to let the City Council know that she is very interested in working with the City Council on issues. She gave a copy of her Capitol Report to each Council Member and explained that she will be out into the neighborhoods this summer to listen to people. She noted the population growth in Lino Lakes and explained that there are entire neighborhoods that did not exist when she ran for the Senate position. Senator Krentz explained that her focus is on education and also how education is funded. She feels that it is important that property taxes fund local services and that the state provide funding for education. Senator Krentz explained that she was the chief author of the Frivolous Prisoner Lawsuit legislation that was adopted requiring prisoners to pay the filing fees and court costs from prison earnings when they file lawsuits. Another major initiative that Senator Krentz proposed is called ENABL. It is a high - profile abstinence -based teen pregnancy - prevention program which will be implemented over the next two (2) years. This legislation is aimed at 12 to 14 year old boys and girls and will be taught in churches, schools and community youth groups. The legislation tries to counter the sexual messages given to youth on TV and music radio. The ENABL message tells youth that it is OK to be kids a while longer. Everyone can agree that this is a good strategy to support the youth. Mayor Reinert thanked Senator Krentz for her message. Senator Krentz invited the Council to call her at any time if there is an issue that could use her help. Anoka County Sheriff Larry Podany introduced himself to the Council and said he appreciated the opportunity to present a Joint Powers Agreement for transporting prisoners. He noted the transportation of prisoners was an issue at the time he was elected Sheriff. A prisoner transportation unit was recently created which would provide prisoner transportation during the busier times of the week. Sheriff Podany explained how the transportation unit operates and that a trail period beginning the last weekend in June and ending the last week of October has been in operation for several weeks. The project will be evaluated at the end of October to determine how effective the transportation plan is. Possibly the transportation plan can be expanded to cover other busy times of the month. Sheriff Podany gave further information regarding the Joint Powers Agreement. PAGE 2 1 1 1 COUNCIL MINUTES JULY 24, 1995 Anoka County is providing the vehicle, training and has formulated the procedures for the transport unit. The cities will provide an officer to drive the transport vehicle and will be responsible for issues such as civil liability and workmen's compensation if the officer is injured during the time he is operating the unit. Mayor Reinert noted that the Joint Powers Agreement will be considered by the City Council later in the agenda. He also noted that he had heard nice things about Sheriff Podany. Mayor Reinert thanked Sheriff Podany for coming this evening. CONSIDERATION OF DISBURSEMENTS July 24, 1995 - Council Member Kuether moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Kuether moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF BUILDING DEPARTMENT QUARTERLY REPORT, PETE KLUEGEL Mr. Kluegel explained that at the end of the first six (6) months of 1995, a total of 316 building permits were issued. There were 313 building permits issued for the same time period in 1994. The total construction valuation for the first six (6) months of 1995 was $15,218,245.00. To date, 77 new homes have been constructed as compared to 136 for the same period of 1994. This is a decrease of 59 new home permits when compared to 1994. The following commercial/institutional permits were issued during the second quarter of this year: NAME VALUE Nol -Tec $600,000.00 Molin Concrete $ 30,000.00 Living Waters Church Addition $106,000.00 Anoka County Adult Corrections Facility Building $2,364,100.00 A Minnesota Correctional Facility Chemical Dependency Building valued at $6,500,000.00 is planned for construction in the third quarter of 1995. In August, 1995, Mag -Con, Inc. will be breaking ground in the Apollo Business Park for an office/production facility valued at $625,000.00. PAGE 3 COUNCIL MINUTES JULY 24, 1995 Although the residential sector is behind previous years, the commercial and institutional sector activity has increased significantly. Mayor Reinert said that one of the goals of the City Council was tax diversity and this report is good news because of all the commercial construction. Council Member Neal asked for additional information regarding the chemical dependency building to be constructed at the Correctional Facility. Mr. Kluegel explained that this unit is for adults only and is part of the Minnesota Correction Facility. Council Member Bergeson asked about the classification "Other". Mr. Kluegel explained decks, garages, additions or any residential construction except new homes. Council Member Bergeson pointed out that under the Commercial category, the majority of the value is from non -profit or governmental construction. Only about $600,000.00 was added to the tax base. Mr. Kluegel noted that most of the for - profit commercial builders have plans for future expansion. Council Member Elliott moved to accept the second quarter Building Department report. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE POLICE DEPARTMENT SEMI - ANNUAL REPORT, CHIEF DAVID PECCHIA Chief Pecchia presented a brief overview of the semi - annual report. Training included community policing concepts, skywarn, defensive tactics, first aid, emergency management which included continuity of government, shooting and use of deadly force, officers survival and tactical communications. The Lino Lakes Police Department instituted the D.A.R.E. program at Rice Lake Elementary School and Lino Lakes Elementary School. This seventeen week program was very well received. The Police Department continues to conduct monthly meetings. Alexandria House presented a program on domestic violence prevention, the Anoka County Mediation Board presented input on how to resolve neighborhood disputes by working through the Anoka County Mediation Board. The City Attorney provided updates on the latest laws and Ms. Sullivan provided updates on the 20/20 Vision program. Both the Mission Statement and the Value Statement of the Police Department were reviewed. Some special meetings were detailed. The Police Department met with the Minnesota Correctional Facility officials regarding emergency procedures in the event that there was some type of emergency at the prison that would require the Police Department assistance. A meeting was held with the City of Centerville to discuss the potential for providing police services to that City. In the area of community policing, the first neighborhood watch newsletter was prepared. The one page newsletter has been distributed. Currently there are 27 McGruff houses, PAGE 4 1 1 COUNCIL MINUTES JULY 24, 1995 and more than 60 block captains and co -block captains. The Police Department has conducted some specific neighborhood problem solving activities, provided safety talks to the elementary school children which included some officers attending the classes and reading books to various grades at the elementary schools. The Crime Free Multi - Housing Program was implemented which is being adopted statewide. The Police Department has been involved with the TRIAD Program. This program involves the Sheriff, the Chief of Police and older retired leaders of the community who work together to reduce the criminal victimization of citizens. Chief Pecchia noted the many events that the Police Department has participated in or coordinated. He outlined the major purchases such as two (2) squad cars and a copy machine. Changes in personnel include an office staff member who is ill and has been on medical leave since March. A formerly retired person in this community has provided assistance in the office and also a school youth has been helping in the afternoon after she attends classes in the morning. Also a college student is assisting in the office. The Police Department has hired one full -time officer utilizing funding from the National Crime Bill and is in the process of hiring two (2) more full -time officers. This process is moving smoothly. During this time, two (2) officers were promoted to sergeant. The Reserve Program has been re- instituted. The Reserve Officers have received training in first aid, CPR and traffic control. They have also designed the patch for their uniform. Calls for service during the past six (6) months have increased approximately 26% over last year. Arrests have increased from 38 in the same period last year to 61 in 1995. The citations issued have increased from 507 to approximately 1093. Future events include National Night Out on August 1, 1995, the safety camp which will be conducted in about two (2) weeks and a party to recognize the efforts of the block captains and co- captains is currently being planned. A Public Safety Citizens Academy is being developed in conjunction with the Centennial Fire District. The Police Department is in the process of hiring additional officers, is attempting to start a bicycle patrol program and currently is in the process of revising the animal control ordinance. Mayor Reinert said he heard that Lino Lakes is one of the safest communities of the metropolitan suburbs to live in. Chief Pecchia said the Police Department feels that Lino Lakes is close to the top of the list. Council Member Kuether noted that the Police Department assisted other departments 128 times during the first half of 1995. Chief Pecchia explained that there has been a lot of activity in communities around Lino Lakes. He noted that many of the assists are natural to the profession. For example, if a neighboring community has an intoxilizer that is out of service, they find the closest intoxilizer. Lino Lakes has been lucky to get their intoxilizer up and running in just a few weeks whereas other communities have waited months. The Lino Lakes Police Department assists the Highway Patrol on the freeways PAGE 5 COUNCIL MINUTES JULY 24, 1995 and the Circle -Lex Police Department. The Police Department is evaluating the number of times that they assist another departments and how many times the Lino Lakes Police Department needed an assist. He will update the City Council on this matter. Council Member Kuether noted that police calls were up 26% but the domestic assaults were down substantially. Chief Pecchia explained that in lot of the domestic assaults cases, if an arrest is made, the case is considered a fifth degree assault and not a domestic assualt. Council Member Kuether noted a recent highly publicized assault that occurred in Texas and asked why the person committing the assault was not arrested although he was charge for assault. Chief Pecchia explained that in Minnesota, if the officer is able to find the offending party within four (4) hours, they can make the arrest anywhere. If they cannot find the offending party, then the Police Department has to go through the City Attorney and get a formal complaint to have the person charged. The Lino Lakes policy, which was created through training by Alexandra House, requires that the officer make an arrest if there is probable cause to believe an assault has occurred. The assault does not have to occur in the presence of the officer and the victim does not have to press charges. Chief Pecchia noted that three (3) Council Members have inquired about riding along with the Police Officers on National Night Out, however only one Member has confirmed that they will be riding with the Officers. Council Member Kuether and Mayor Reinert indicated that they would be riding with the Police Officers. Council Member Neal moved to accept the Semi- annual Police Report. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, VACATION OF EASEMENT, APOLLO BUSINESS PARK, RESOLUTION NO. 95 - 88 Mayor Reinert opened the public hearing at 7:02 P.M. Ms. Wyland used the overhead projector to show the location of Lot 2 and Lot 3, Block 1, Apollo Business Park. She explained that the Council recently approved a minor subdivision to replat the two (2) lots to facilitate the construction of the No -Tec facility. A drainage and utility easement was originally platted around the perimeter of these two (2) lots. The easement must be vacated where Lot 2 meets Lot 3 as it serves no useful purposed and encumbers the property. Resolution No. 95 - 88 has been prepared which will vacate the easement. Staff is recommending that the resolution be adopted to vacate the easement. There were no further comments from the Council or the public. Council Member Elliott moved to close the public hearing at 7:04 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 6 1 1 1 1 1 COUNCIL MINUTES JULY 24, 1995 Council Member Kuether moved to adopt Resolution No. 95 - 88. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 88 can be found at the end of these minutes. PUBLIC HEARING, VACATION OF TRAIL EASEMENT, SHORES OF MARSHAN LAKE, RESOLUTION NO. 95 - 89 Mayor Reinert opened the public hearing at 7:05 P.M. Ms. Wyland used the overhead projector to show the location of the trail easement. She explained that the developer of the Shores of Marshan Lake subdivision re- aligned the originally platted trail and constructed a boardwalk trail through the development. To facilitate the construction of the boardwalk, the City agreed to vacate portions of the existing trail upon completion of the boardwalk trail and submittal of necessary easement documents covering those sections of the trail. A public hearing to discuss this matter has been scheduled for tonight and proper notices have been placed in the legal newspaper. Affected property owners have also been notified. The City has received Quit Claim Deeds for the segments of boardwalk trail that is replacing the vacated trail segments. Staff recommended that Resolution No. 95 - 89 be adopted vacating trail segments in the Shores of Marshan Lake subdivision. The Council did not have further questions on this matter and there was no one in the audience to speak. Council Member Elliott moved to close the public hearing at 7:07 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 95 - 89. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 89 can be found at the end of these minutes. PUBLIC HEARING, FOURTH AVENUE TRUNK UTILITY, BEHM'S CENTURY FARMS, JOHN POWELL Mayor Reinert opened the public hearing at 7:08 P.M. Mr. Powell used the overhead projector and described the area that will be served by the extension of the trunk utilities. The improvements being considered are the extension of a 12 inch trunk watermain, north and then west to the Behm's Century Farms subdivision. The watermain would run parallel to a 15 inch PVC sanitary sewer main generally constructed along the same alignment. On the northeast corner of Fourth Avenue and Lilac Street, a manhole and watermain stubs will be constructed to facilitate future PAGE 7 COUNCIL MINUTES JULY 24, 1995 extension of these services. Provisions for extending the watermain and sewermain into Behm's Century Farm will also be made. The sanitary sewer alignment is generally in the ditch area on the north side of Lilac Street. Mr. Powell has met with Mr. John Olson, Anoka County Highway Engineer and Mr. John Johnson, engineer for Mr. Uhde, the developer to prepare an alignment that complies with future plans for that Anoka County section of roadway. Mr. Powell did not anticipate much disturbance of the roadway itself, however there may be some construction activity on the shoulders of the road. The total cost for this improvement is expected to be about $418,018.00. The depth of the sewermain will range from 12 to 22 feet. Also the installation of casing pipes and borings beneath both Lilac Street and Fourth Avenue will help to maintain traffic on these roadways during construction. MnDOT will be contacted regarding the plan to open cut at portion of roadway to reduce the construction costs. Mr. Powell described the cost for the watermain extension. Service stubs will be installed to abutting lots for future connection by the property owners. The abutting property owners will not be assessed at this time, however, if they petition to connect to the service, connection fees would be due when they connect in the future. The financing of this improvement would be from area and unit charges generated by the Behm's Century Farm subdivision. Interim financing would probably be done through bonding such as has been done in the past. The schedule for the project reflects the desire of the developer to have utility service this fall. Staff recommended that utility installation be done in the spring to take advantage of lower bid unit prices. However, a schedule has been put together which would complete the utility installation this fall if the developer desire this. No action by the City Council will be taken tonight. The purpose of the public hearing is to receive input from the public on the information contained in the feasibility report. At the next Council meeting, staff may request preparation of plans and specifications with a bid opening on September 25, 1995 and construction beginning in October, 1995. Mr. Schumacher asked if Lilac Street is a County or State controlled street. Mr. Powell explained that Fourth Avenue from the Correctional Facility to Lilac Street and east to Lake Drive is State Highway 49. Lilac Street from Fourth Avenue west to Sunset Road is a County road. He also explained that if the County wished to expand Lilac Street in the future, the manholes and gate valves will be located so that they line up with the lane breaks so that manholes will not be in the stripping. Mr. Schumacher asked if there was any long term discussion regarding reconstruction the State portion of Lilac Street. Mr. Powell explained that currently the State has started an overlay project of Highway 49 which will include the portion of Highway 49 located in Lino Lakes. The project will terminate at the Correctional Facility. The State has not indicated any other plan to PAGE 8 1 1 COUNCIL MINUTES JULY 24, 1995 upgrade the roadway. Mr. Schumacher noted that the expansion at the Correction Facility will generate additional traffic and nothing has been done to the road over the years. Council Member Kuether noted that Phase 111 of Apollo Drive will change the route of State Highway 49 directing traffic north before connecting to Lake Drive. Mr. Powell said that this improvement will be considered in the future. There was no one in the audience to speak about this improvement. Council Member Elliott moved to close the public hearing at 7:16 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Variance, Goldstar Builders, Wenzel Farms Townhomes - Ms. Wyland explained that she had received a letter from a law firm representing Goldstar Builders requesting that this matter be table until the next Council meeting. Council Member Kuether moved to table this matter until the August 14, 1995 Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. Rezone, Willow Ponds for 10 Single Family Homes, SECOND READING, Ordinance No. 11 - 95 - Ms. Wyland explained that this item involves the Second Reading of Ordinance No. 11 - 95 to rezone a portion of the Willow Ponds (Senior Housing) development to Single Family Residential (R -1). A preliminary plat for the 10 single family lots and the first reading of the ordinance were approved at the June 26, 1995 Council meeting. The property is adjacent to the recently approved senior housing project on the north side of Elm Street. Staff has recommended approval of the SECOND READING of Ordinance No. 11 - 95. Council Member Elliott moved to approve the SECOND READING of Ordinance 11 - 95 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Powell explained that he has received some information regarding the governmental aid for the senior housing project. This information will faciliate the development agreement which should be completed by the end of the week. The TIF agreement should also be complete by the end of this week. The contractor is ready to start construction possibly next week. Ordinance No. 11 - 95 can be found at the end of these minutes. SECOND READING, Flood Plain Management Ordinance, No. 12 - 95 - Ms. Wyland explained that the State Legislature has mandated that local government units adopt regulations to minimize flood loses by updating or adopting floodplain regulations. The COUNCIL MINUTES JULY 24, 1995 Minnesota Department of Natural Resources (DNR) has provided a model ordinance for communities to use as a guide in this process. The City's existing Floodplain Management Ordinance was adopted in 1988. A model ordinance was given to the City Council in their packets. This model ordinance reflects recommended language contained in the DNR model ordinance and has been reviewed by Tom Hovey, DNR Area Hydrologist. Some minor differences between the City's draft ordinance and the DNR Model concern language consistency with the Lino Lakes Zoning Ordinance. The City Council approved the FIRST READING of Ordinance No. 12 - 95 at their June 26, 1995 meeting. Staff is recommending that the City Council approve the SECOND READING of Ordinance No. 12 - 95 and that a summary of the ordinance be published to meet the publication requirements. Council Member Bergeson explained that City Council members received a copy of a letter sent to Mayor Reinert by the DNR outlining two (2) areas of the proposed ordinance that should be modified to match the State model ordinance. He expressed concern regarding these items and asked if the SECOND READING of the ordinance could be delayed until further information is available about the two (2) changes. Ms. Wyland explained that the letter from the DNR specifically addresses the Shoreland Ordinance and not the Flood Plain Management Ordinance. She explained that the City Council recently adopted a Shoreland Ordinance and the DNR is suggesting two (2) modifications of that ordinance. Ms. Wyland noted that there have been no changes to the Flood Plain Management Ordinance since the FIRST READING was adopted by the City Council. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 12 - 95 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Schumacher asked Ms. Wyland to put the Shoreland Management Ordinance on the next Council agenda so that the changes recommended by the DNR can be discussed by the City Council. Ordinance No. 12 - 95 can be found at the end of these minutes. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 85 Receiving Bids for Well No. 4 (Clearwater Creek - Mr. Powell introduced Mr. Kurt Johnson from the Environment Department of TKDA. Mr. Johnson works on water system issues in Lino Lakes and probably will be working on the community water supply plan and is the lead designer on Well No. 4 and the pumphouse. PAGE 10 1 1 1 COUNCIL MINUTES JULY 24, 1995 Mr. Johnson explained that three (3) bids were received by the City last Friday for construction of Well No. 4. The bidders were Keys Well Drilling Company for $82,160.00; E. H. Renner & Sons, Inc. for $87,100.00 and Bergerson - Caswell, Inc. for $89,090.00. All three (3) companies are very experienced in municipal well drilling . Mr. Johnson recommended that the low bid from Keys Well Drilling Company for $82,160.00 be accepted. Council Member Kuether moved to adopt the recommendation from Mr. Johnson and award the bid to Keys Well Drilling Company. Council Member Elliott seconded the motion carried unanimously. Resolution No. 95 - 85 can be found at the end of these minutes. Consideration of Resolution No. 95 - 86 Receiving Bids for the 1995 Sealcoating - Mr. Powell explained bids for this project were received on Friday, July 21, 1995 and publicly opened and read out loud. A total of two (2) bids were received, one from Allied Blacktop for $59,259.00 and the second from AS -Tech Corporation for $68,608.50. The low bid is $6,259.00 above the engineer's estimate and Mr Powell recommend that the contract be awarded at a reduced scope. The quantities of sealcoating will be reduced to match the budget in the General Fund. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 86 Receiving the Bids for the 1995 Sealcoating and awarding the bid to Allied Blacktop Company. Council Member Elliott moved to adopt Resolution No. 95 - 86 awarding the bid to Allied Blacktop Company for $55,175.00 (amount in 1995 Budget). Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Powell explained that the bid amount was reduced by approximately 5400 square yards. Resolution No. 95 - 86 can be found at the end of these minutes. Consideration of Receiving Bids for the Lake Drive (CSAH No. 23)/Hodgson Road (Highway 49) Improvement - Mr. Powell explained that bids for this improvement were received on July 12, 1995. The engineers estimate for this project was $1,399,575.00. The low bid was from Forest Lake Contracting in the amount of $1,295,564.52. Award of the contract cannot be recommended until the cultural investigation of the site is completed. Mr. Powell asked that the City Council receive the bids and once the cultural investigation is completed and the site is cleared, Mr. Steve Heth will bring a recommendation to the Council for their consideration. Action on the bids must take place within 60 days of the receipt of the bids. Council Member Elliott moved to received the bids. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY, JOINT TRANSPORTATION SERVICE, RANDY SCHUMACHER PAGE 11 COUNCIL MINUTES JULY 24, 1995 Mr. Schumacher explained that SheriffPodany appeared under Open Mike this evening and outlined the Joint Powers Agreement. Kelly Agency, the insurance provider for the City has reviewed the Joint Powers Agreement and has sent a letter indicating that as long as the persons involved in this matter are City employees there will be no problem as far as insurance coverage is concerned. Mr. Schumacher recommended that the City Council take action approving the Joint Powers Agreement. Council Member Kuether noted that the Kelly Agency letter indicated that approval was needed from the League of Minnesota Cities. Mr. Schumacher explained that the League would have already advised the City if there was a problem. Council Member Bergeson asked that the Chief of Police keep some statistics for Lino Lakes. He wanted to make sure that Lino Lakes was not transporting other cities prisoners and none of Lino Lakes prisoners. Mr. Schumacher said that he would request a statistical summary at the end of the trial period. Council Member Elliott moved to approve the Joint Powers Agreement with the Anoka County Sheriff's Department. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF HIRING A CITY ENGINEER, RANDY SCHUMACHER Mr. Schumacher explained that in April, 1995, the City Council entered into an agreement with Brimeyer Group, an executive search firm, to recruit and hire a City Engineer/Public Works Director. Over the past several months, a profile was prepared and candidates were recruited and screened. On July 18th, a day long session was held with five (5) final candidates. The day began with a tour of the City and its facilities, and was followed by two (2) interviews per candidate. The interview panels consisted of the City Administrator, former City Engineer, Darrell Schneider, Blaine City Administrator, Don Poss and department heads. On July 19th, the City Council interviewed the final three (3) candidates and decided to offer the position to the preferred candidate, Mr. David Ahrens, Assistant City Engineer with the City of Shoreview. Mr. Ahrens also happens to be a resident of Lino Lakes. A letter of understanding has been signed by Mr. Ahrens and needs the formal approval of the City Council. The letter of understanding outlines the terms and conditions of Mr. Ahrens employment. Mr. Schumacher recommended that the City Council approve the letter of understanding to hire Mr. Ahrens. Council Member Elliott moved to approve the letter of understanding. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 12 1 1 1 1 COUNCIL MINUTES OLD BUSINESS There was no old business. NEW BUSINESS JULY 24, 1995 Consideration of Minutes, July 14, 1995 - Council Member Neal moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Mayor Reinert and Council Member Elliott abstaining. REMINDER, City Council Budget Work Session, Monday, August 21, 1995. Council Member Elliott moved to adjourn at 7:43 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at the August 14, 1995 regular Council meeting. 59: Marilyn G. derson derson, Clerk- Treasurer Vernon F. Reinert, Mayor Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKE COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 11 -95 AN ORDINANCE AMENDING ORDINANCE NO. B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM HIGH DENSITY RESIDENTIAL (R -4) AND PLANNED DEVELOPMENT OVERLAY (PDO) TO SINGLE FAMILY RESIDENTIAL (R -1) (WILLOW PONDS) I The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from R -4 (PDO) High Density Residential and Planned Development Overlay, to R -1 Single Family Residential, pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: PARCEL 1B: That part of the East One -Half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 31, Range 22, Anoka County, Minnesota, lying Southerly of the southerly line of that property acquired by the State of Minnesota under a warranty deed recorded with the Anoka County Recorder's Office as Document Number 272877, and which lies South and West of the following described Line A: LINE A: Commencing at the southwest corner of said Section 18' thence North 88 degrees 27 minutes 20 seconds East 889.09 feet along the south line of said Southwest Quarter to the point of beginning; thence North 01 degrees 32 minutes 40 seconds West 207.00 feet; thence South 88 degrees 27 minutes 20 seconds West 560.00 feet; thence North 01 degrees 32 minutes 40 seconds West 25.52 feet to the southerly line of said property acquired by the State of Minnesota and said Line A there terminating. Parcel 2B: And, That part of the West One -Half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 31, Range 22, Anoka County, Minnesota, lying Southerly of the southerly line of that property acquired by the State of Minnesota under a warranty deed recorded with the Anoka County Recorder's Office as Document Number 272874, and which lies South and West of the hereinbefore described Line A. Said property contains 4.014 acres, more or less Subject to easements, reservations, and restrictions of record, if any. 1 1 1 II Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. III This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes this 10th day of July, 1995. Vernon F. Reinert, Mayor ATTEST L Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said Ordiannce was declared duly passed and adopted. Council Member Kuether moved its adoption: introduced the following ordinance and Chapter 1103 Flood Plain Management Ordinance No. 12 -95 of the City Zoning Ordinance was adopted by the Lino Lakes City Council on July 24, 1995. Following is a summary of the provisions of that Ordinance as adopted. A complete copy of the Ordinance is available for public review at City Hall, 1189 Main Street, Lino Lakes, MN., between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. The Ordinance shall take effect and be in force 30 days following its publication. CHAPTER 1103 FLOOD PLAIN MANAGEMENT ORDINANCE No. 12 -95 1103.01 Statutory Authorization, Findings of Fact and Purpose 1103.02 General Provisions 1103.03 Definitions 1103.04 Administration 1103.05 Establishment of Zoning District 1103.06 Floodplain Overlay District Uses 1103.07 Standards for Flood Plan Overlay District Uses 1103.08 Subdivisions 1103.09 Manufactured Homes /Travel Trailers and Travel Vehicles 1103.10 Amendments ATTEST: Vernon F. Reinert, Mayor r4(lyn, . Anderson, Clerk - Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. 23 1 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 - 85 RESOLUTION ACCEPTING BIDS FOR CONSTRUCTION OF WELL NO. 4 (CLEARWATER CREEK SUBDIVISION) WHEREAS, Pursuant to an advertisement for bids for the construction of Well No. 4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Keys Well Drilling Company 413 North Lexington Parkway St. Paul, Minnesota E. H. Renner & Sons, Inc. 15688 Jarvis Street N.W. Elk River, Minnesota Bergerson - Caswell, Inc. 5115 Industrial Street Maple Plain, Minnesota $82,160.00 $87,100.00 $89,090.00 AND WHEREAS, it appears that Keys Well Drilling Company, St. Paul, 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 Clerk are hereby authorized and directed to enter into the a contract with Keys Well Drilling Company of St. Paul, Minnesota, in the name of the City of Lino Lakes for construction of Well No. 4, according to the plans and specifications therefore 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 24th of July, 1995. Vernon F. Reinert, Mayor RESOLUTION NO. 95 - 85 Page -2- Marilyn; /G. Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 86 RESOLUTION ACCEPTING BIDS FOR 1995 SEALCOATING WHEREAS, pursuant to an advertisement for bids for the 1995 sealcoating, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME AND ADDRESS AMOUNT OF BID Allied Blacktop Company 10503 - 89th Avenue North Maple Grove, Minnesota 55369 AS -TECH Corporation P. 0. Box 1025 St. Cloud, Mn. 56302 $59,259.00 $68,608.50 AND WHEREAS, it appears that Allied Blacktop Company, Maple Grove, 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 a contract with Allied Blacktop Company, Maple Grove, Minnesota in the name of the City of Lino Lakes for the 1995 sealcoating improvement, according to the plans and specifications therefore 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 24th day of July, 1995. Vernon F. Reinert, Mayor Marilyn Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly RESOLUTION NO. 95 - 86 Page -2- seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. 1 1 1 1 1 Council Member Kuether introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -88 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT BETWEEN LOTS 2 AND 3, BLOCK 1, APOLLO BUSINESS PARK Whereas, a 10' wide drainage and utility easement was recorded over the northeasterly line of Lot 2, Block 1 and the southwesterly line of Lot 3, Block 1, Apollo Business Park, and Whereas, this drainage and utility easement is no longer necessary as the property has been replatted to increase the dimension of Lot 2, Block 1, Apollo Business Park, and new drainage and utility easements established, Now, therefore, be it resolved by the City Council of the City of Lino Lakes, Anoka County, Minnesota: That the 10' wide draiange and utility easements through Lot 2 and Part of Lot 3, Block 1, Apollo Business Park is hereby vacated. Adopted by the Lino Lakes City Council this 24 day of July, 1995. � �^ Vernon F. Reinert, Mayor /// )( i t �� y ( (- /(( z A : ate / L, Marilyn /G. 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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -89 RESOLUTION VACATING A PORTION OF THE TRAIL EASEMENT IN THE SHORES OF MARSHAN PLAT Whereas, a 15' wide trail easement was originally platted through the Shores of Marshan Plat, and Whereas, this 15' wide trail easement has been replaced, in part, by a boardwalk trail, and Whereas, it was the City's intent to vacate a portion of the original trail upon completion of the boardwalk trail, Now, therefore, be it resolved by the City Council of the City of Lino Lakes, Anoka County, Minnesota: Vacation of a 15' Trail Easement as shown on the Shores of Marshan Plat signed and dated by the City of Lino Lakes on October 12, 1992 and generally described as follows: Trail Easement between Lots 12 & 13, Block 5 and through Lots 12, 11, 10, 9, 8, Block 5, and along the south line of Lots 7, 6, 5, and Lot 4 except for the south /easterly 7.5', Block 5, Shores of Marshan Adopted by the Lino Lakes City Council this 24t y of July, 1995. J Vernon F. Reinert, Mayor Marilyn 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: Bergeson, Elliott, Kuether, Neal, Reinert. 1 1 RESOLUTION NO. 95 -89 Page -2- The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 1