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HomeMy WebLinkAbout11/13/1995 Council Minutes1 COUNCIL MEETING NOVEMBER 13, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : November 13, 1995 . 6:30 P.M. . 8:04 P.M. : Bergeson, Elliott, Kuether, Neal, Reinert : None Staff Members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Chief of Police, David Pecchia; Assistant to the City Administrator, Dan Tesch; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher asked that an item titled, "Rice Creek Watershed District", be added to New Business. Mayor Reinert asked that an item titled, "Clarification of Tax Dollars Usage for Non- public Official Use", be added under Old Business OPEN MIKE There was no one to speak under open mike. CONSIDERATION OF DISBURSEMENTS October 31, 1995 - Council Member Elliott moved to approve this disbursement as presented. Council Member Neal seconded the motion. Motion carried unanimously. November 13, 1995 - Council Member Kuether moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Council Member Kuether asked if the disbursement to Jerry's Schwinn Cyclery for $1,700.00 is for the same bicycles for which the City will be accepting a donation later in the meeting. Mr. Schumacher said yes. Council Member Kuether asked about a disbursement to Neal Enterprises for supplies and breakfast with Santa Claus. Mr. Schumacher explained that these are supplies for the December 9th breakfast with Santa Claus. Page 1 COUNCIL MEETING NOVEMBER 13, 1995 Voting on the motion, motion carried unanimously. FAIRVIEW HOSPITAL UPDATE, DONNA CARLSON AND SCOTT WORDELMAN Ms. Carlson thanked the City Council for submitting her name for appointment to the Fairview District Memorial Hospital Board. She explained that this is a very challenging and exciting time both nationally and regionally with the development of the Fairview Lakes Health Care Region. She noted that her term on the board began July 1, 1995. Ms. Carlson presented some booklets and an annual report from Fairview Hospitals. Ms. Carlson explained that Fairview Hospitals are a value based organization. These values are compassion, dignity, integrity and service. Ms. Carlson said that she hoped to be a part of bringing these values to the region and to our community and be a source of communication between this community, the Board and Fairview Hospitals. Mr. Wordelman, Senior Vice President with the Fairview Hospital system explained that he is responsible for the development of the northeast regional facility which is now named Fairview Lakes Regional Health Care. He reminded the City Council that he had appeared before the them in January, 1995 to update the City Council on what was happening at that time. He explained that District Memorial Hospital in Forest Lake and the Chisago Health Services in Chisago Lakes have joined Fairview Hospital and have planned an overall goal of consolidating operations along with Fairview and developing a concept of a regionally focused health care system. The region consists of Lino Lakes/Circle Pines on the south boundary to Rush City on the north boundary. Mr. Wordelman said the purpose of his visit this evening is to let the City Council know that a site has been selected for the new regional medical center. The site is located between I35 and T.H. Highway 61 about 2.5 miles north of downtown Forest Lake and about 1.5 miles south of the main intersection in Wyoming. The site contains 110 acres and has access to every area in the region. The site will also contain various other community based services. Mr. Wordelman noted that sites are still being reviewed for ambulatory care and clinic development. There has been some discussion with members of the Lino Lakes staff about a possible location in Lino Lakes. Mr. Wordelman noted the Vision 20/20 program and explained that Fairview Hospital had discussed providing resources to assist in conducting a community health assessment. Correspondence has been provided on this matter and Fairview Hospitals will assist that ongoing project. Mr. Wordelman said that he is excited about the new regional hospital project and also excited to have Ms. Carlson as part of the Board. She will be an integral part of the continuing development of health care focused on a regional basis. Page 2 1 1 COUNCIL MEETING NOVEMBER 13,1995 Council Member Neal asked why the Wyoming area was selected for the new hospital facility. Mr. Wordelman explained the process and noted that this site was selected because of its size and because it has very good access to the entire region. Cost was also a very important factor. Many studies were completed before the site was selected. Ms. Carlson said that there seems to be a tendency for people in this area to travel to the south for health care. She felt it is important to have a clinic in Lino Lakes to connect the people with their doctors and with quality health care. A complete regional health care system is being developed, not just a hospital. Mr. Wordelman explained that there is currently hospital legislation that restricts any organizations ability to build a new hospital or to relocate an existing hospital. This legislation contains mileage limitations and in this case, Fairview was restricted from building a new facility farther than ten (10) miles from Chisago or five (5) miles from Forest Lake. This limited site selection. Mr. Wordelman also explained that the delivery of health care is continuing to be shifted away from inpatient to outpatient care. As technology continues to developed, much of the care that was traditionally delivered in a hospital setting will be delivered to a home or clinic setting. Mr. Wordelman said he felt the location of health ambulatory sites and clinics are going to be more important to delivering health care to the people than an actual inpatient facility. Mr. Wordelman noted that the District Memorial Hospital in Forest Lake will continue to deliver some type of health care service. At this time, use of the facility has not been determined. He also noted that the use of the Chisago Lakes Hospital has not been determined. Mayor Reinert thanked Ms. Carlson and Mr. Wordelman for updating the City Council on this matter. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Consideration of Resolution No. 95 -146 Accepting Donation from the Centennial Fire District for Two (2) Bicycles for Park and Trail Needs - The Centennial Fire District has donated $750.00 to offset the cost of purchasing two (2) high quality Mountain Bikes. The bikes will be marked "POLICE" and will be utilized to patrol City parks and trails. The addition of bicycles to the Police Department fleet will enhance the Community Oriented Policing Philosophy by enabling staff to have more intimate contact with the residents of Lino Lakes. The purpose of Resolution No. 95 - 146 is to accept and publicly thank the Centennial Fire District for their generous donation. Page 3 COUNCIL MEETING NOVEMBER 13,1995 Council Member Elliott moved to adopt Resolution No. 95 - 146 accepting the donation from the Centennial Fire District. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 146 can be found at the end of these mines. Consideration of the Renewal of the Animal Control Contract to Otter Lake Animal Care Center - Otter Lake Animal Care Center has been the contract holder for animal control services for the past year. The relationship with the Police Department this past year has been very professional and they helped the Police Department to meet the needs of the citizens, the City and the Otter Lake Animal Care Center by utilizing the provisions of the contract. Chief Pecchia requested that the contract be continued/renewed through December 31, 1996. He noted one change in the contract which is mandatory to comply with the current state statutes. The remainder of the contract remains the same as the 1995 contract. In addition, there is no increase in fees to the City or the residents. The contract has been reviewed and approved by the City attorney. Council Member Kuether moved to approve the request to enter into a renewal contract with the Otter Lake Animal Care Center. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, THE MODIFICATION OF THE PLAN FOR TAX INCREMENT FINANCING (TIF) DISTRICT NO. 1-7, BRIAN WESSEL Mayor Reinert opened the public hearing at 7:02 P.M. Mr. Wessel explained that the Economic Development Authority has adopted the modification of the plan for TIF District No. 1-7 to provide financial assistance to Fogerty Development/Custom Remodelers. Copies of the Plan have seen sent to Anoka County and the Centennial School District for their review. The hearing this evening is to receive public comment regarding the modification of the Plan for TIF District No. 1-7. There were no comments or questions from the City Council or from the audience. Council Member Elliott moved to close the public hearing at 7:03 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 -152 Approving Modification of Tax Increment Financing District No. 1-7 - Mr. Wessel explained that resolution No. 95 - 152 finds that the modification of TIF District No. 1-7 allows the City to provide tax increment financing assistance to Fogerty Development/Custom Remodelers and finds that assistance to Fogerty Development/Custom Remodelers is in the best interest of the City. Page 4 1 1 COUNCIL MEETING NOVEMBER 13, 1995 Mr. Wessel explained that the financial assistance to Fogerty Development/Custom Remodelers is approximately $200,000.00 which includes land, assessments and fees. The total project is approximately $1,500,000.00 which means that the assistance will be below 15% of the entire project and within the three (3) to five (5) year project limit which is below the City policy for TIF assistance. Mr. Wessel noted that the project is on schedule and recommended that the City Council approve Resolution No. 95 - 152 for Fogerty Development/Custom Remodelers. Council Member Kuether moved to approve Resolution No. 95 - 152. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, Ordinance No. 21 - 95 Authorizing the Sale of City of Lino Lakes Land in the Apollo Business Park to UDOR, U.S.A. - Mr. Wessel explained that UDOR wishes to purchase an additional 10 feet of property to enlarge its driveway. The UDOR request was accommodated when subdividing the Fogerty Development/Custom Remodelers property. According to the City Charter, an ordinance is required when City - owned property is sold. The request from UDOR is for the purchase of 0.7 acres. The cost to UDOR will be $2,955.00 which is full price for this strip of land. Mr. Wessel used the easel and made a diagram of the UDOR and Fogerty Development/Custom Remodelers driveway and explained why the additional land is needed for the shared driveway. Council Member Elliott moved to approved the FIRST READING of Ordinance No. 21 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Mr. Wessel explained that there is legal documentation regarding this particular driveway. Voting on the motion, motion carried unanimously. Resolution No. 95 -153 Calling a Public Hearing for December 18, 1995, 6:30 P.M. on the Modification of the Tax Increment Financing. (TIF) Plan for TIF District No. 1-1 and 1-2 - Mr. Wessel explained that the Economic Development Authority has authorized preparation of a modified program for Development District No. 1 and Tax Increment Financing Plans for TIF Districts 1-1 (Rice Lake Estates) and 1-2 (Sunrise Meadows). Resolution No. 95 - 153 sets the public hearing before the City Council for 6:30 P.M., Monday, December 18, 1995 to receive public input regarding the modified program.. Council Member Kuether moved to adopt Resolution No. 95 - 153. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 153 can be found at the end of these minutes. Page 5 COUNCIL MEETING NOVEMBER 13, 1995 CONSIDERATION OF RESOLUTION NO. 95 -156 AMENDING THE CITY'S FLEXIBLE HEALTH CARE DEPENDENT DAY CARE PLAN, DAN TESCH Mr. Tesch explained that the City adopted a Flexible Health Care and Dependent Day Care Plan November 13, 1990 with January 1, 1991 as the effective date. The Plan allows employees to pre-tax health insurance and day care costs. Since 1991, Family Medical Leave and Military Leave acts have been voted upon. The City's Plan does not include these new laws. As it costs $390.00 to update the plan, there is another section to add to include those employees who opt out of health care coverage that the City provides. The City can add the option to pay the employee who opts out of the health coverage, cash payment of a City contribution to I.C.M.A. The cash option contribution would be equal to the higher insurance single premium less Social Security, Medicare and P.E.R.A. The deferred compensation contribution would be equal to thehigherinsurance single premium. An employee on family coverage could save the City $2,000.00 per year by opting out of the City's insurance plan. Proof of insurance is needed to be eligible for this option. There is no additional cost to the City and the City may see a slight saving on this benefit. It is also possible to see a rate reduction. Mr. Tesch explained that the Finance Director conducted a survey of City employees and it appears that at least five (5) employees are interested in this plan. The City could see a $10,000.00 saving if the plan is implemented. Council Member Kuether moved to adopt Resolution No. 95 - 156 Amending the Flexible Health Care and Dependent Day Care Plan to include Family Medical Leave and Military Leave and also amend the Plan to include a section allowing for cash or deferred compensation City contributions. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 156 can be found at the end of these minutes. FIRST READING, ORDINANCE NO. 22 - 95 AMENDING CHAPTER 207, PERSONNEL POLICY, DAN TESCH Mr. Tesch explained that Chapter 207, Personal Policy, of the Lino Lakes City Code has not been updated in a number of years. The City has adopted state and federal mandates such as Family Medical Leave and Parental Leave, but these new policies have not been codified. In addition, several advances in benefits have been afforded to union employees, but not to non-union employees. The state Pay Equity statute mandates that benefits need to be similar among employee groups. Page 6 1 COUNCIL MEETING NOVEMBER 13, 1995 Mr. Tesch presented a copy of the proposed ordinance along with a summary of changes made to the policy. There are no new benefits included in the document that are not already in place for certain other employee groups. Staff is proposing a new portion of the policy which is the pro -rata extension of paid leave benefits to regular part-time employees who work a minimum of 40 hours a pay period. Extension of benefits to these workers would have cost the City $1,100.00 in 1995. Mr. Tesch noted that the updated policy is modeled after a number of other metropolitan municipalities. He explained that this matter will be discussed again at the next Council work session prior to the second reading of Ordinance No. 22 - 95. Council Member Bergeson asked about the threshold for full time benefits and asked Mr. Tesch to check with the League of Minnesota Cities to determine if the Lino Lakes approach to this matter is how most communities handle these benefits. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 22 - 95. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF A CITY LOGO, DAN TESCH Mr. Tesch explained that one of the recommendations from the recent 20/20 Vision program was that the City try and make its symbols and logos uniform. It was further recommended that the City adopt or re -adopt the Blue Heron as part of the official logo. The Blue Heron design being considered is one developed by the City's Economic Development Department. The logo would be used on letterhead, water towers and other logical places. Council Member Kuether asked what would be the cost of changing the logo. Mr. Ahrens said he did not know the cost, however, where the City logo is required on such fixtures as the water tower, the logo would be bid separately. Mayor Reinert said he felt that the new logo would give a uniform identity to the City. Council Member Elliott moved to adopt the Blue Heron as part of the City logo for application to letterhead, signs, water towers, etc. Council Member Bergeson seconded the motion. Ms. Sullivan, from the audience, congratulated Mr. Tesch for following through on this recommendation from the 20/20 Vision group. Voting on the motion, motion carried unanimously. Page 7 COUNCIL MEETING NOVEMBER 13, 1995 CONSIDERATION OF A REQUEST FOR AN OFF -SALE LIQUOR LICENSE FOR BRIAN THORSON (J & K LIQUOR), 6013 HODGSON ROAD, MARILYN ANDERSON Mrs. Anderson explained that J & K Liquors is in the process„o- f being sold to Mr. Brian Thorson, a resident of Ham Lake. Mr. Thorson has submitted all the required application information including a dram shop certificate of insurance and a Police Department background investigation has been successfully completed. Mr. Thorson is proposing to assume ownership of J & K Liquors on December 1, 1995. Mrs. Anderson recommended that the City Council approve the transfer of the off -sale liquor license to Mr. Thorson effective December 1, 1995. Council Member Neal asked if a resident manager is required. Mrs. Anderson explained that Mr. Thorson will be moving into the residence above the liquor store. Council Member Kuether moved to approve the transfer of the off -sale liquor license to Brian Thorson. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Final Plat, Clearwater Creek - Ms. Wyland used the overhead projector to show the location of Clearwater Creek. She explained that the preliminary plat was approved by the City Council in February, 1995 for 157 Single Family (R-1) lots. The property is located south of Cedar Street and east of Otter Lake Road. The City's Comprehensive Land Use Plan indicates the property is planned for single family residential use. The Developer is requesting final plat approval for the first phase of the development. Phase one consists of 83 lots and two (2) outlots which will contain a well and well house and a lift station. The preliminary plat had indicated a total of 87 lots for this phase, however, a cul-de-sac was eliminated and some lot lines re -arranged to provide the 83 platted lots. At this time the second phase includes 71 lots from the original preliminary plat for a total in both phases of 154 lots plus the two (2) outlots. A development agreement was signed on June 6, 1995 and grading work is nearing completion on Phase I. Utility construction is underway and financial guarantees are in place. The City Attorney has reviewed the title work for the plat and has indicated that it is acceptable. When the preliminary plat was approved, the City Council added two (2) conditions to those outlined by staff. The first condition required disclosure by the developer and/or builders of the adjoining hobby farms in the area. The developer has included an item in his `Builder's Rules" to inform potential buyers, through the purchase agreement, of area hobby farms. A copy of this document is on file at City hall and all builders are required Page 8 1 1 COUNCIL MEETING NOVEMBER 13,1995 to sign the document. The second condition stated that the developer or the Rice Creek Watershed District (RCWD) must take responsibility for cleaning the culvert under Elmcrest Avenue. RCWD has assumed that responsibility and the culvert has been cleaned. All other conditions of the preliminary have been met to the satisfaction of City staff and required landscaping is in place on Otter Lake Road.Ms. Wyland recommended approval of the final plat for Clearwater Creek, Phase 1. Mayor Reinert noted that this subdivision has been controversial. However, he explained that this subdivision requires the extension of sewer and water utilities into this area. Utility services are needed for commercial development. Mayor Reinert also noted that earlier in this meeting, the Council was informed about the potential for a health clinic in the area which would require municipal utilities. He felt that potential commercial and industrial growth to the north of this subdivision hinged on the approval of this subdivision. Council Member Kuether noted that she had heard that the models under construction in the Clearwater Creek subdivision start at about $275,000.00. Council Member Bergeson noted that this is probably the first final plat presented to the City Council that does not have any contingencies placed on it. Council Member Elliott moved to approve the final plat form Clearwater Creek, Phase 1. Council Member Bergeson seconded the motion. Motion carried unanimously. Minor Subdivision, UDOR U.S.A., 500 Apollo Drive - Ms. Wyland used the overhead projector to show where UDOR U.S.A. constructed a building in the Apollo Business last fall. Their original parcel of property consisted of one (1) acre. UDOR U.S.A. has determined the need for an additional 10 feet along the westerly property line to allow increased maneuvering and driveway area for delivery vehicles serving their property. The City has agreed to sell UDOR U.S.A the additional 10 feet and a survey has been prepared describing this parcel. The timing of this subdivision is good as it coincides with the sale of three (3) acres immediately west of this parcel and a minor subdivision for Fogerty/Custom Remodelers. UDOR U.S.A. will share a driveway access with Fogerty/Custom Remodelers. The property in question is zoned General Industrial and contains a 6,000 square foot office/warehouse building. The City's Comprehensive Land Use Plan indicates the property as Industrial. Minimum lot area in an industrial district is one (1) acre. The Planning and Zoning Board reviewed this request and concurred with the staff recommendation of approval with the condition that a five (5) foot drainage and utility easement be provided along the entire length of the westerly property line. Council Member Kuether moved to approve the minor subdivision with the additional five (5) foot drainage and utility easement. Council Member Neal seconded the motion. Motion carried unanimously. Page 9 COUNCIL MEETING NOVEMBER 13,1995 Minor Subdivision, Fogerty/Custom Remodelers, 475 Apollo Drive - Ms. Wyland used the overhead project to show the location of a proposed office/warehouse building. Fogerty Investment and Custom Remodelers is requesting a minor subdivision to create a three (3) acre parcel in the Apollo Business Park to allow the.,onstruction of the office/warehouse building. Plans for the building were approved by the Planning and Zoning Board and the City Council in October contingent upon approval of this minor subdivision. The property is zoned General Industrial and indicated as commercial on the Comprehensive Land Use Plan. The minimum lot size in this zoning district is one (1) acre. City staff has reviewed this request and is recommending approval with the condition that a five (5) foot drainage and utility easement be provided on the side property lines. A 30 foot easement currently exists on the rear property line. The Planning and Zoning Board recommended approval of this minor subdivision at their November 8, 1995 meeting with the conditions listed above. Council Member Kuether moved to approve the minor subdivision with a five (5) foot utility and drainage easement on the side property lines. Council Member Elliott seconded the motion. Motion carried unanimously. Acceptance of Trail Easements, Living Water Lutheran Church - Ms. Wyland used the overhead projector to show the location of a trail system completed by Living Waters Lutheran Church on the lake side of 865 Birch Street. The City has paved the trail. This trail segment was a condition of approval for the original subdivision and conditional use permit granted to Living Water Church. A survey document has been prepared describing the easement. The trail will now be given to the City. As is the normal practice, any easements granted to the City must first be accepted by the City Council. Staff is recommending that the City Council accept the easement document for the trail at 865 Birch Street, Living Waters Lutheran Church, and direct the City Clerk to register the easement at Anoka County. Council Member Elliott moved to accept the easement document. Council Member Bergeson seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Resolution No. 95 -149 Declaring Adequacy of Petition and Ordering Report on Improvement, Sunset Road Utility Improvement - Mr. Ahrens explained that the property owners at 7164 and 7172 Sunset Road have submitted a petition to the City requesting sanitary sewer and water service. Copies of the petition and a location map was included in the City Council packets. Page 10 1 1 1 COUNCIL MEETING NOVEMBER 13, 1995 Pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter, Council is required to declare the adequacy of the petition and order preparation of a report studying the proposed improvements. Mr. Ahrens recommended that the City Council adopt Resolution No. 95 - 149. Council Member Elliott moved to adopt Resolution No. 95 - 149. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 149 can be found at the end of these minutes. Resolution No. 95 -150 Receiving Report on Improvement and Approve Plans and Specifications, Sunset Road Utility Improvements - Mr. Ahrens explained that pursuant to Minnesota Statute, Chapter 429, and Chapter 8 of the Lino Lakes City Charter, Council must receive the feasibility report studying the proposed utility improvements to Sunset Road. As a result of the utility construction done in conjunction with the senior housing (Willow Ponds) project, the sewer and water mains are readily accessible to serve the petitioning properties at 7164 and 7172 Sunset Road. The size, type and depths of the existing utilities are adequate to serve the two (2) properties. A third property that, at the moment, is not interested in connecting to the utilities can also be served by the proposed improvements. Utility connections will be placed at the property line for this property. Mr. Ahrens said that he has studied the proposed improvements and has determined that the improvements are feasible and should be constructed as shown on a map included with the City Council packets. The estimate for the proposed improvements is $38,380.00. Funding is proposed to be through the collection of assessments levied against the benefiting property owners. The property owners have signed a waiver of public hearing and appeal of assessment. A copy of the waiver was also enclosed in the City Council packets. Therefore, no public hearing is required and the City Council can approve theplans and specifications at the same time as receiving the feasibility report. In addition, the property owners have waived 50 of the 60 day waiting period to order the project. Mr. Ahrens recommended that the City Council adopt Resolution No. 95 - 150 Receiving Report and Approving Plans and Specifications for the Sunset Road Utility Extension Project. Council Member Kuether moved to adopt Resolution No. 95 - 150. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 150 can be found at the end of these minutes. Page 11 COUNCIL MEETING NOVEMBER 13, 1995 Resolution No. 95 - 155 Authorizing a Change Order to Construct Improvements, Sunset Road Utility Improvements - Mr. Ahrens explained that staff requested Forest Lake Contracting, Inc. to provide a quote for a change order to the existing contract for the Highway 49 (Hodgson Road)/County Road 23 (Lake Drive) Intersection project to include the construction of the proposed Sunset Road utility extension. This was done to speed up the bidding process since the property owners have expressed some urgency in getting the project done this fall. The other alternative to the change order is to advertise for bids, which would delay the project until next spring. The quote submitted by Forest Lake Contracting is $38,910.55. The Engineer's estimate is $38,380.00 or approximately one (1) percent lower than Forest Lake's quote. The process provided by Forest Lake Contracting, Inc. are very reasonable and it is staff's opinion that there would be minimal or no cost savings bidding the project in the spring. Funding for the project is proposed to be through the collection of assessments from the property owners. Council Member Kuether asked if the City Council could approve this improvement without actually advertising for bids. Mr. Hawkins said that the project can be constructed as outlined by Mr. Ahrens. Council Member Kuether moved to adopt Resolution No. 95 - 155 Authorizing the City Engineer to Construct the Sunset Road Utility Extension Project as a Change Order to the Highway 49 (Hodgson Road)/Lake Drive (County Road 23) Intersection Project. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 155 can be found at the end of these minutes. REVIEW OF THE THIRD QUARTER BUILDING REPORT, PETER KLUEGEL Mr. Kluegel explained that at the end of the first nine (9) months of the year, a total of 469 building permits were issued which is roughly equivalent to what .was :issued in 1994. The total construction value for these first nine (9) months equals $33,045,172.00 which is approximately $11,000,000.00 more than at this time last year. To date,:144 new homes have been or are under construction. This is a decrease of 38 new home permits from the same time period as last year. In the commercial area, the following permits were issued: Mag Con $625,000.00 Oasis Market $459,000.00 Teleport $ 60,000.00 These three (3) projects are nearing completion and should be getting their occupancy permits. Page 12 1 1 1 COUNCIL MEETING NOVEMBER 13, 1995 A $6,519,000.00 permit for the Minnesota Correctional Facility Chemical Dependency building was also issued in the third quarter. Mr. Kluegel explained that the residential permit area is improving in the fourth quarter. Council Member Kuether asked why the Dairy Queen has not been constructed. Mr. Kluegel explained that the Anoka County Health Department has just recently issued their review of the proposed construction so that things should be proceeding. Mayor Reinert said that this report clearly indicates that there is a definite direction in tax diversity which is what this City Council has worked on. ATTORNEY'S REPORT, BILL HAWKINS SECOND READING, Ordinance No. 18 - 95 Establishing. the Position and Duties of Electrical Inspector - Mr. Hawkins explained that within the last month the City Council has determined that it would be advantages for the City to assume the responsibilities of electrical inspections within the City which have previously been performed by the State of Minnesota. In order to implement that decision, it is necessary for the City to amend the City Code to create the position of electrical inspector. Ordinance No. 18 - 95 will amend the City Code and create this position of electrical inspector. This ordinance also establishes the duties and responsibilities of this position. Mr. Hawkins also noted that a contract has been completed between the City and the business that will be providing the electrical inspection. The contract cannot be implemented until 30 days after the ordinance has been adopted and published. Mr. Ken Peterson will provide the electrical inspections for the City under the contract just mentioned by Mr. Hawkins. Mr. Peterson noted that the contract is effective through March 31, 1997. He noted that he will be contracting with other cities as well. Mr. Hawkins noted that the contract does not provide for automatic renewal. At the end of the contract, the City and Mr. Peterson will have to negotiate another contract. Council Member Kuether moved to approve the SECOND READING of Ordinance No. 18 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Ordinance No. 18 - 95 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 17 - 95 AMENDING THE COMMERCIAL SOLID WASTE COLLECTION ORDINANCE, RANDY SCHUMACHER Mr. Schumacher explained that Ordinance No. 05 - 94 was passed on April 11, 1994 requiring licenses for Commercial Solid Waste Collection haulers. Page 13 COUNCIL MEETING NOVEMBER 13,1995 The initial ordinance was proposed to limit the number of Commercial Solid Waste licenses to six (6). This ordinance should have read seven (7) licenses. Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 17 - 95 and dispense with the reading. Council Member Bergeson„seconded the motion. Motion carried unanimously. Ordinance No. 17 - 95 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 19 - 95 AMENDING CHAPTER 211, PARKS, RECREATION AND ENVIRONMENTAL BOARD, SECTION 211.05, RANDY SCHUMACHER Mr. Schumacher explained that the existing ordinance dealing with Park Board Members compensation is unclear as it relates to payment of board members who do not attend all regularly scheduled meetings. Ordinance No. 19 - 95 amends the current ordinance, clarifying the fact that if a member misses a regularly scheduled meeting, he/she will not be paid the full quarterly salary. Council Member Elliott moved to adopt Ordinance No. 19 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 19 - 95 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 20 - 95 AMENDING CHAPTER 212 PLANNING AND ZONING BOARD, SECTION 212.06, RANDY SCHUMACHER Mr. Schumacher explained that the existing ordinance dealing with the Planning and Zoning Board Members compensation is unclear as it relates to payment of board members who do not attend all regularly scheduled meetings. Ordinance No. 20 - 95 amends the current ordinance, clarifying the fact that if a member misses a regularly scheduled meeting, he/she will not be paid the full quarterly salary. Council Member Kuether moved to adopt Ordinance No. 20 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Ordinance No. 20 - 95 can be found at the end of these minutes. OLD BUSINESS Newly, Elected Officials - Mayor Reinert said that sometimes newly elected Council Officials get anxious and may want to get into the "drivers seat" and travel around a little ahead of time. He said he did not have a problem with this if they are willing to pay their own way. Mayor Reinert said that he does not remember a time when the City has paid for newly elected officials travel in advance of the newly elected official being properly Page 14 1 1 COUNCIL MEETING NOVEMBER 13, 1995 sworn in as officials of this City. He said if this happened there could be some conflict at a meeting that was duly called by the National League of Cities, the Minnesota League of Cities or some other meeting where the newly elected official would be attending at the same time as the duly authorized official would be attending. For instance, if both the newly elected official and the duly sworn official were attending the same workshop, conflict could arise if conflicting opinions were to be presented. This could be embarrassing to the City. Mayor Reinert said that he understands that there has been a transfer of funds for an airplane ticket to the National Association of Cities from a Council Member to the newly elected Mayor. Mayor Reinert said he was opposed to this action. He said if the newly elected Mayor wants to go to this conference, he should pay for the ticket himself. Mayor Reinert also stated that the newly elected Mayor would be attending in no official capacity until he is duly sworn in. Mayor Reinert explained that Council Member Bergeson transferred his ticket to Mr. Landers, the newly elected Mayor. He said he felt that the Council as a whole is the only body or person that can authorize any official transfer of any dollars. Mayor Reinert thought there may be nothing illegal about this action, however, the Council holds the "purse strings". and the Council is the one (body) who should make this decision. He said that he did not think that it is appropriate for the taxpayers to pay travel expenses for someone in advance of their being sworn into office. Council Member Bergeson explained that Mr. Landers (the newly elected Mayor) did not initiate this action. He said that he learned last Thursday that he may not be able to attend the League meeting. Council Member Bergeson called the travel agency and found that the airline ticket was not refundable but it could be transferred to someone else. He thought that it would be appropriate for a newly elected official to use the ticket rather than let the ticket be wasted. Mayor Reinert said that if the ticket could be transferred to someone who has official status, he would not be concerned. Council Member Bergeson noted that persons with no official status have attended the Minnesota :League of Cities. He was sure that these persons paid their own expenses. Council Member Bergeson said, in retrospect, the action he took probably was not wise, however, he had only Friday afternoon to take action or lose the ticket. Mayor Reinert said that he still feels that the potential for embarrassment to the City was a valid concern. He felt that there were people in official capacity that could have used the ticket. Mayor Reinert said that he did not mean anything personal against Council Member Bergeson. Council Member Bergeson said that the travel agency should be contacted in the morning and see if there are any options left in terms of transferring the ticket to a City employee. He will also check his schedule to see if it can be changed. Mr. Schumacher asked if Council Member Bergeson could attend a portion of the conference. Council Member Bergeson said he would also check this suggestion. Page 15 COUNCIL MEETING NOVEMBER 13, 1995 NEW BUSINESS Consideration of Renewal of Gambling License for Circle -Lex VFW, Post #6583, Ladies Auxiliary - The Ladies Auxiliary is requesting renewal of their gambling license which expires March 31, 1996. This gambling operation is based at the Circle -Lex VFW Post # 6583. There have been no complaints or comments on this gambling operation. The Ladies Auxiliary has complied with the provisions of the Lino Lakes Gambling Code. They are required to donate 10% of their net proceeds to benefit citizens of the City. The Ladies Auxiliary has donated money for the purchase of ballistic vests for the Police Department was well as money for a new American and POW flag, orange safety vests and IBM computer equipment/software. Other donations include dollars for the operation of the Youth Safety Camp in both of the two (2) years that the Youth Safety Camp has been held. This organization also donates money to private individuals in need in this City and the surrounding communities. Council Member Elliott moved to renew the gambling license for the Circle -Lex VFW, Post #6583, Ladies Auxiliary. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 148, Authorizing Access to the Safe Deposit Box at Firstar Bank of Minnesota, N.A., Lino Lakes Branch - The City of Lino Lakes has rented a safety deposit box at the Lino Lakes branch of Firstar for as long as the bank has been in existence. Many important documents are kept in the safety deposit box and it has become apparent that the current safety deposit box is no longer large enough. In addition, the Finance Department would like to keep some of the computer backup disks in the safety deposit box. Application has been made for the rental of a larger safety deposit box. Firstar is requiring that the City Council adopt a resolution authorizing access to the Safety Deposit Box by the Clerk -Treasurer, Marilyn Anderson, Accounts Payable Clerk, Joyce Lund and Finance Director Mary Vaske. Council Member Kuether moved to adopt Resolution No 95 - 148 Authorizing Access to the safety deposit box at Firstar Bank of Minnesota, N.A., Lino Lakes Branch. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 148 can be found at the end of these minutes. REMINDER, League Conference, Friday, November 17, 1995. Page 16 1 COUNCIL MEETING NOVEMBER 13, 1995 Consideration of Resolution No. 95 -157 In Support of the Re -Appointment of Eugene Peterson to the Rice Creek Watershed District Board of Managers - Mr. Schumacher explained that Mr. Peterson's term as manager on the Rice Creek Watershed District (RCWD) Board will end December 31, 1995. Mr. Peterson has been responsive to the needs of Lino Lakes while simultaneously observing environmental sensitivity and recommended that the City Council adopt Resolution No. 95 - 157, In Support of the Re - Appointment of Eugene Peterson to the RCWD Board of Managers. Mr. Schumacher noted that the City of Blaine is also preparing a resolution in support of Mr. Peterson. Council Member Elliott moved to adopt Resolution No. 95 - 157. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 157 can be found at the end of these minutes. Council Member Neal moved to adjourn at 8:04 P.M. Council Member Elliott seconded the motion. Aye. These minutes were considered, corrected and approved at the March 11, 1996 regular Council meeting. Clerk -Treasurer Vernon F. Reinert, Mayor Page 17 Council Member Elliott and moved its adoption: introduced the following ordinance CITY OF LINO LAKES ORDINANCE NO. 17-95 AN ORDINANCE AMENDING THE SOLID WASTE COLLECTION SERVICE CODE 507 The City Council of the City of Lino Lakes ordains: Section 507.04, Subdivision lA is here by amended as follows: Subdivision 1A. Commercial Solid Waste Collection License No person shall collect garbage, refuse or recyclables from commercial establishments, multi -family dwellings or manufactured home parks in the City without first securing a commercial solid waste collection license from the City. The City Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to limit the number of licenses initially issued to seven (7), through attrition the number of licenses issued shall decrease to four (4). (Add by Ord. 95-94, passed 4/11/94) Save as above amended, Section 507 of the Lino Lakes City Code shall stand as initially passed and previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed this 13th day of November, 1995 by the Lino Lakes City Council. Signed this 13th day of November, 1995. Vernon F. Reinert, Mayor Attest: _.-127711z- 6A'L .=:6 Marilyn nderson, Clerk - Treasurer 1 1 1 1 1 This motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor therof: Bergeson, Elliott, Kuether, Neal* Reinert The following voted against same: None. Whereupon the said ordinance was declared duly passed and adopted. CITY OF LINO LAKES, ANOKA COUNTY, STATE OF MINNESOTA Ordinance No. 18 - 95 AN ORDINANCE AMENDING LINO LAKES CODE BY ESTABLISHING ' THE POSITION AND DUTIES OF AN ELECTRICAL INSPECTOR The City Council of the City of Lino Lakes, ordains: Section 1. Section 1003, Building Code is amended by adding the following subdivisions: Subdivision 2: Electrical Inspector. The position of electrical inspector is hereby established. The person chosen to fill this position shall hold a license as a master or journeyman electrician under Minnesota Statutes, Section 326.242, Subdivision 1 or 2. The electrical inspector shall be appointed by the city council. Subdivision 3: Electrical Permits. a. No electrical installation in any construction, remodeling, replacement or repair, except minor repair work, as defined in Chapter 3800.3500, Subp. 10 of the Minnesota Rules, shall be made without first securing a permit therefor. b. Permits shall be granted only to properly licensed electrical contractors who are registered and bonded by the State of Minnesota, except that such permit may be granted to a bona fide owner of single family residential property, who intends to conduct such work on his property and who occupies or intends to occupy the property and further, who demonstrates to the satisfaction of the electrical inspector that he has sufficient knowledge to perform the required work. c. Any violation of this article, including a failure to file a permit when required, shall be a misdemeanor violation subject to all the penal provisions of this Code and the State Electrical Act. Any person who shall commence work of any kind for which a permit is required under the provisions of this Code without first having received the necessary permit therefor shall, when subsequently receiving such permit, be required to pay double the fees provided in this article. 1 1 d. The Minnesota State Board of Electricity Rules Chapter 3800, revised April, 1995, and any future revisions, modifications or amendments thereto, are hereby adopted by reference, except for those sections which have been revised by city council resolution. With regard to such rules adopted by reference, wherever the phrase "request for inspection" is used therein, substitute the words "electrical permit" and wherever the words "the board" referring to the state board of electricity are used therein, substitute the words "the city." Section 2: Effective Date. This ordinance shall be effective thirty (30) after its passage and publication by the Lino Lakes City Council. Passed this 13th day of November , 1995 by the Lino Lakes City Council. Attest: Marilyn nderson, Clerk Vernon Reinert, Mayor Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA` Ordinance No. 19 - 95 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY CLARIFYING COMPENSATION FOR PARK BOARD MEMBERS The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: 1. Appointment and Compensation of Members, Section 211.05 of the Lino Lakes City Code is hereby amended to read as follows: 211.05. Appointment and Compensation of Members. The Board shall consist of seven (7) members and they shall be appointed by a majority of the City Council and shall receive a quarterly salary of $150.00 ($50.00 per meeting) with the chair of the Board to received $225.00 per quarter ($75.00 per meeting) consistent with the Mayor/Council relationship. Members will not be paid for meetings that they miss. However, if a Member misses a regularly scheduled meeting but attends a special Park Board meeting, compensation will be paid for the special meeting. 1I. Save as above amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect January 1, 1996 after its passage and publication according to the City Charter. Passes by the Council of the City of Lino Lakes this 13th day of November , 1995. Vernon F. Reinert, Mayor 1 1 1 1 1 1 ORDINANCE NO. 19 - 95 Page -2- Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson 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. Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA _ STATE OF MINNESOTA' Ordinance No. 20 - 95 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY CLARIFYING COMPENSATION FOR PLANNING AND ZONING BOARD MEMBERS The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: I. Compensation for Member. Section 212.06 of the Lino Lakes City Code is hereby amended to read as follows: 212.06. Compensation for Members. The Planning and Zoning Board shall receive a quarterly salary of $150.00 ($50.00 per meeting) with the chair of the Board to received $225.00 per quarter ($75.00 per meeting) consistent with the Mayor/Council relationship. Members will not be paid for meetings that they miss. However, if a Member misses a regularly scheduled meeting but attends a special Planning and Zoning Board meeting, compensation will be paid for the special meeting. I1. Save as above amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect January 1, 1996 after its passage and publication according to the City Charter. Passes by the Council of the City of Lino Lakes this 13th day of November , 1995. Vernon F. Reinert, Mayor 1 1 1 1 ORDINANCE NO. 20 - 95 Page -2- Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Elliott 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. Councilmember Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 21-95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES THE NORTHEASTERLY 10 FEET OF OUTLOT B, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property legally described as the northeasterly 10 feet of Outlot B, in Apollo Business Park, Anoka County, Minnesota (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Property to UDOR U.S.A. for $2,955. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. Vernon F. Reinert, Mayor ATTEST: Maril G. Anderson, Clerk -Treasurer 1 1 1 1 The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was declared passed and adopted. Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 22 - 95 AN ORDINANCE AMENDING CHAPTER 207, PERSONNEL POLICY OF THE LINO LAKES CITY CODE Chapter 207, Personnel Policy, of the Lino Lakes City Ordinance was amended November 27, 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 the City Hall, 1 189 Main Street, Lino Lakes, Minnesota, between the hours of 7:30 A.M. and 5:00 P.M., Monday through Friday. The ordinancecshall take effect and be in full force 30 days following it publication. CHAPTER 207 PERSONNEL POLICY 207.01 Purpose 207.02 Scope of Ordinance 207.03 Applicability to Unionize Personnel 207.04 Statement of Non -Discrimination 207.05 Definitions 207.06 Probationary Period 207.07 Position Classification 207.08 Compensation Plan 207.09 Work Schedule 207.10 Performance Evaluations 207.11 Promotions 207.12 Relationship to Other City Personnel 207.13 Political Activity 207.14 Legal Holidays 207.15 Vacation Leave 207.16 Sick Leave 207.17 Worker's Compensation 207.18 Sick Child/School Child 207.19 Funeral Leave 207.20 Military Duty 207.21 Time offto Vote 207.22 Jury Duty 1 1 ORDINANCE NO. 22 - 9.5 Page -2- 207.23 Family Medical Leave Act 207.24 Parental Leave 207.25 Personal Leave of Absence 207.26 Leave Without Pay 207.27 Health Care Benefit Package 207.28 Deferred Compensation 207.29 Short -Term Disability 207.30 Lay Off/Transfer 207.31 Demotion 207.32 Dismissal 207.33 Absence Without Leave 207.34 Grievance Procedures 207.35 Resignation 207.36 Severance This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino Lakes this 27th day of November, 1995. Vernon F. Reinert, Mayor Marilyn C Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION #95— 146 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE DISTRICT FOR THE $750.00 DONATED TO PURCHASE TWO SCHWINN MOUNTAIN BIKES FOR PATROLLING OUR PARKS AND TRAILS. WHEREAS, the Lino Lakes Police Department in conjunction with the Lino Lakes Parks Department would like to enhance our park and trail patrols; and WHEREAS, the Bicycle Patrol Program would enhance the Lino Lakes Police Department's Community Oriented Policing Philosophy; and WHEREAS, the Centennial Fire District Donated $750.00 to the General Fund to offset the costs of purchasing two high quality Mountain bikes, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, that the City of Lino Lakes accepts the donation of $750.00 for the Bicycle Patrol Program and wishes to express its gratitude to the Centennial Fire District for its donation. Passed by the City Council of the City of Lino Lakes, Minnesota this 13th day of November, 199 ATTEST: Mayor City Clerk-- The lerk 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. 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 148 RESOLUTION AUTHORIZING ACCESS TO THE SAFETY DEPOSIT BOX AT FIRSTAR BANK OF MINNESOTA, N.A. (LINO LAKES BRANCH) WHEREAS, the City of Lino Lakes has owned and used a safety deposit box at the above named facility for several years, and WHEREAS, this safety deposit box is now to small to contain all of the important documents of the City, NOW THEREFORE BE IT RESOLVED, that the City Clerk be authorized and directed to rent a larger safety deposit box at the Firstar Bank of Minnesota, N.A., AND BE IT FURTHER RESOLVED that the City Clerk -Treasurer, the Accounts Payable Clerk and the Finance Director be authorized access to the safety deposit box. Adopted by the City Council of Lino Lakes this 13th day of November, 1995. /2 Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for he adoption of the foregoing resolution was duly seconded by 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 - 149 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDER REPORT ON IMPROVEMENT - SUNSET ROAD UTILITY EXTENSION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Sunset Road between Elm Street and the south line of 7164 Sunset Road by constructing sanitary sewer and water mains and services, filed with the Council on November 13, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is make in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to the City Engineer, 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 Lino Lakes City Council this 13th day of November, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly 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 duly passed and adopted. 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 150 RESOLUTION RECEIVING REPORT AND APPROVE PLANS AND SPECIFICATIONS - SUNSET ROAD. WHEREAS, pursuant to resolution of the council adopted November 13, 1995, a report has been prepared by the City Engineer with reference to the improvement of Sunset Road between Elm Street and the south line of 7164 Sunset Road by constructing sanitary sewer and water mains and services, and this report was received by the council on November 13, 1995. WHEREAS, the property owners at 7164 Sunset Road and 7172 Sunset Road have waived there right to a public hearing and appeal of assessment. WHEREAS, the property owners at 7164 Sunset Road and 7172 Sunset Road waive fifty (50) of the sixty (60) day waiting period as provided in section 8.06 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting 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 Charter, at an estimated cost of $38,380. 2. Plans and specifications prepared by the City Engineer, engineer for such improvement pursuant to council resolution, a copy of which plans and specifications is attached hereto and made a part hereof, are hereby approved and shall be filed with the city clerk. 3. Such improvement is hereby ordered as proposed in the council resolution adopted the 13th day of November, 1995. RESOLUTION NO. 95-150 PAGE 2 Adopted by the Lino Lakes City Council this 13th day of November, 1995. Vernon F. Reinert, Mayor 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 voted against same: None. Whereupon said resolution was duly passed and adopted. 1 1 1 1 Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95-152 RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and conferred upon it responsibility for economic development within Lino Lakes. 1.02. The City approved a tax increment financing plan (the "Plan") for Tax Increment Financing District No. 1-7 on May 22, 1995. 1.03. In response to a recent development proposal from Fogerty Development/Custom Remodelers, the Authority and the City have authorized the preparation of a modified Plan, which is contained in a document entitled "Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-7" dated November 13, 1995 and on file with the clerk -treasurer. 1.04. Copies of the modified Plan have been forwarded to Independent School District No. 12 and Anoka County along with a notice of a public hearing to be held by the City on November 13, 1995. 1.05. The Authority has adopted the modified Plan and referred it to the City for public hearing and consideration as provided by Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act."). 1.06. The City has fully reviewed the contents of the modified Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings: Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing Distr,Ft No. 1-7 and the City as a whole, and for the protection and preservation of the public health,- safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the modified Plan could not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing are necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-7 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification: Filing. 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implication conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-7 are not affected by this modification and are as described in the original Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota commissioner of revenue as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. 1 1 1 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District No. 12 and Anoka County at least 30 days prior to the public hearing and to invite their comments on the modified Plan. 3. The city staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: November 13, 1995 Vernon Reinert, Mayor Randall Schumacher, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95-153 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFIED PROGRAM FOR DEVELOPMENT DISTRICT 1 AND THE PLAN FOR TAX INCREMENT FINANCING DISTRICTS NO. 1-1 AND 1-2 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") intends to modify the Development District Program for Development District No. 1 and the Tax Increment Financing Plans (the "Plans") for Tax Increment Financing Districts No. 1-1 and 1-2 ("TIF Districts No. 1-1 and 1-2"); and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act") requires that the city council of the city of Lino Lakes (the "City") hold a public hearing on the modified program for Development District No. 1 and the Plans for TIF District No. 1-1 and 1-2, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on December 18, 1995 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 1 1 1 1 1 DATED: November 13 , 1995. Vernon F. Reinert, Mayor ATTEST: 7 Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 155 IF RESOLUTION AUTHORIZING THE CITY ENGINEER TO CONSTRUCT THE SUNSET ROAD UTILITY EXTENSION PROJECT AS A CHANGE ORDER TO THE HIGHWAY 49 AND COUNTY ROAD 13 INTERSECTION PROJECT WHEREAS, pursuant to a resolution passed by the council on November 13, 1995, the city engineer has prepared plans and specifications for the improvement of Sunset Road between Elm Street and the south line of 7164 Sunset Road by constructing sanitary sewer and water mains and services and has presented such plans and specifications to the council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The city engineer shall proceed under the direction of the council, as given from time to time, to construct the Sunset Road Utility Extension Project as a change order to the Highway 49 and County Road 13 Intersection Project. Adopted by the Lino Lakes City Council this 13th day of November,)995: Vernon F. Reinert, Mayor Marilyn G.7 ( ' ' , 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 voted against same: None. Whereupon said resolution was declared passed and adopted. 1 Council Member Kuether and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 95-156 RESOLUTION AMENDING THE CITY OF LINO LAKES FLEXIBLE HEALTH CARE AND DEPENDENT DAY CARE PLAN. WHEREAS, the plan was adopted per Resolution No. 78-90 with the effective date of January 1, 1991, and WHEREAS, the plan needs to be updated to include law changes such as Family Medical Leave and Military Leave, and WHEREAS, a section is added to include cash compensation or City contribution to a deferred compensation plan in lieu of single health insurance coverage, and WHEREAS, the deferred compensation contribution is equal to the higher single rate of the current health insurance available, and WHEREAS, the cash contribution is equal to the higher single rate of the current health insurance available less Social Security, Medicare and P.E.R.A. contributions, and WHEREAS, the effective date of this amendment is January 1, 1996. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the City Flexible Health Care and Day Care Plan be amended to reflect these changes effective January 1, 1996. Adopted by the city Council of Lino Lakes this 13th day of November, 1995. a} Marilyn 'i• Anderson - Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. Council Member Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION 95-157 RESOLUTION IN SUPPORT OF THE REAPPOINTMENT OF EUGENE PETERSON TO RICE CREEK WATERSHED DISTRICT BOARD OF MANAGERS WHEREAS, Eugene Peterson has served as a Rice Creek Watershed District Board Manager representing Anoka County since January 1993; and WHEREAS, Peterson has been responsive to the needs of City of Lino Lakes while simultaneously observing environmental sensitivity, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes supports the reappointment of Eugene Peterson as a Rice Creek Watershed District Board Manager. Passed by the City Council of the City of Lino Lakes this 13th Day of November, 1995. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, City Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council MemberBergesonand 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. 1 1