HomeMy WebLinkAbout11/27/1995 Council Minutes1
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COUNCIL MEETING NOVEMBER 27, 1995
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
COUNCIL MINUTES
: November 27, 1995
6:30 P.M.
7:36 P.M.
: Bergeson, Elliott, Neal, Reinert
: Kuether
Staff members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens;
Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian
Wessel; Consulting Engineers, John Powell and Steve Heth; Parks and Recreation
Director, Marty Asleson; Chief of Police, David Pecchia; Assistant to the City
Administrator, Dan Tesch; City Administrator, Randy Schumacher and Clerk -Treasurer
Marilyn Anderson,
SETTING THE AGENDA
Mayor Reinert asked that an item be added under New Business titled, "Al Ross
Resignation from the Circle Pines Utility Commission".
OPEN MIKE
No one appeared under open mike.
CONSIDERATION OF MINUTES
City Council, October 23, 1995 - Council Member Elliott moved to approve these
minutes as presented. Council Member Neal seconded the motion. Motion carried
unanimously.
Joint Meeting with the City of Hugo, September 14, 1995 - Council Member Elliott
moved to approve these minutes as presented. Council Member Bergeson seconded the
motion. Motion carried unanimously.
CONSIDERATION OF DISBURSEMENTS
November 27, 1995 - Council Member Bergeson moved to approve these disbursements
as presented. Council Member Neal seconded the motion. Motion carried unanimously.
COUNCIL MEETING NOVEMBER 27, 1995
Centennial Fire District - Council Member Elliott moved to approve these
disbursements as presented. Council Member Neal seconded the motion. Motion carried
unanimously.
SECOND READING, ORDINANCE NO. 21 - 95 AUTHORIZING THE SALE OF
CITY OF LINO LAKES LAND IN THE APOLLO BUSINESS PARK TO U -DOR
U.S.A., BRIAN WESSEL
Mr. Wessel explained that the City has agreed to sell U -DOR, U.S.A an additional ten feet
in the Apollo Business Park so that they can enlarge their driveway. The City is selling the
property at list price. The driveway is proposed to be shared with Fogerty /Custom
Rernodelers. This transaction is scheduled to close at the same time as the
Fogerty/Custom Remodelers development closes. The City Charter requires that an
ordinance be prepared for the sale of any City -owned property.
Mr. Wessel used a map of the Apollo Business Park to show the City Council the
proposed location of the shared driveway. He recommended that the City Council
approve the SECOND READING of Ordinance No. 21 - 95 offering the sale of property
in the Apollo Business Park.
Council Member Bergeson moved to approve the SECOND READING of Ordinance No.
21 - 95 and dispense with the reading. Council Member Neal seconded the motion_
Motion carried unanimously.
Ordinance No. 21 - 95 can be found at the end of these minutes.
SECOND READING, ORDINANCE NO. 22 - 95 AMENDING CHAPTER 207
PERSONNEL POLICY, DAN TESCH
Mr. Tesch explained that the FIRST READING of Chapter 207 of the Lino Lakes City
Code, also known as the Personnel Policy, was heard at the November 13, 1995 Council
meeting. Since the FIRST READING, two (2) items have been changed as follows:
The City Administrator has been added to employees covered by the Personnel
Policy.
2. The definition of temporary employees has been changed. The original definition
of temporary employees as related to bargaining unit employees. The revised
definition refers to non-union employees.
Mr. Tesch recommend that the City Council adopt the SECOND READING of Ordinance
No. 22 - 95.
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COUNCIL MEETING NOVEMBER 27, 1995
Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 22 -
95 and dispense with the reading. Council Member Bergeson seconded the motion.
Motion carried unanimously.
Ordinance No. 22 - 95 can be found at the end of these minutes.
Consideration of Authorizing Publication of Summary of Ordinance No. 22 - 95
Council Member Elliott moved to authorize the publication of a summary of Ordinance
No. 22 - 95. Council Member Bergeson seconded the motion. Motion carried
unanimously.
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING (MOU)1
CABLE COMMISSION, DAN TESCH
A MOU between the North Central Suburban Cable Communications Commission
(NCSCCC) and Meredith Cable has been prepared to provide for future funding (beyond
the franchise expiration) of Public Educational and Governmental Access (PEG)
programming, the turning over of PEG access to NCSCCC, universal PEG access and a
clause on being successor bound. The City Council has already passed a similar MOU,
however, a couple of issues have been changed. Mr. Tesch outlined the issues for the City
Council. Presently, the City of Coon Rapids has a majority vote on the Cable Commission
and the Cable Commission is working with Coon Rapids to change the voting structure.
Mayor Reinert noted that he had received a letter from Mayor Thompson of Coon Rapids
stating that the City is not trying to be difficult with the Cable Commission. Mr. Tesch
explained that it appears that the City of Coon Rapids is doing some "posturing" so that
they can accept the changes that will be corning in the future.
Mr. Tesch recommended that the City Council adopt this MOU.
Mr. Schumacher asked, with the current voting system, how will the MOU be addressed
if it is not supported by the City of Coon Rapids. Mr. Tesch explained that the NCSCCC
tried to pass the MOU Last Wednesday evening. Seven (7) member cities vote yes, and
Coon Rapids voted no. The MOU of understanding did not pass. That is why the MOU
is being taken to each member City for Council action. The NCSCCC is trying to secure
finding for Public Education and Government Access for 15 years in the future. That is
why this matter is on the agenda this evening. if all other member cities vote yes and the
City of Coon Rapids votes no on future funding, the "plug" could be pulled from Coon
Rapids in three (3) years.
Council Member Bergeson moved to approve the MOU. Council Member Neal seconded
the motion. Motion carried unanimously.
COUNCIL MEETING NOVEMBER 27, 1995
PLANNING AND ZONING REPORT, MARY KAY WYLAND
Amended Conditional Use Permit, Teleport (Communications Compound), 6221
Holly Drive - Ms. Wyland used the overhead projector to show the location of the
Communication Compound. She explained that Teleport, Inc. is requesting permission to
install a 10 foot by 14 foot equipment shelter in the communication compound at 6221
Holly Drive. The structure will be used to house a battery bank, baseboard heaters, an air
conditioner, exhaust fans and power disconnect for the battery bank. The property is
zoned Rural and is under an existing conditional use permit. The Comprehensive Plan
indicates this property as rural. According to the Zoning Ordinance, any changes or
alterations to an existing conditional use permit requires an amended permit.
Staff has visited the site and reviewed the request. The complex is entirely fenced in with
a security gate and berming on the south side to limit visibility of the complex and existing
antennas. The proposed building is to be located just west of the existing block building
and will not be visible from Holly Drive.
The Planning and Zoning Board has reviewed the request and recommends approval of the
conditional use permit with the following conditions:
1. All conditions contained in the original and subsequent conditional use permits be
made a part of the permit.
2. A building permit be issued prior to construction of the structure on the site
Council Member Elliott moved to approve an amended conditional use permit subject to
the two (2) conditions listed above. Council Member Bergeson seconded the motion.
Motion carried unanimously.
Amended Conditional Use Permit, Church of St. Joseph, 171 Elm Street - A
miniature depiction of the entire Church facility was brought before the City Council to
show the planned addition. Ms. Wyland used the overhead projector and noted the
location of the Church of St. Joseph. She noted that the Church is requesting an amended
conditional use permit for an addition to their site. The Church is proposing to build a
35,000 square foot expansion which would include a 3500 seat worship area The Church
is also requesting a variance from the Accessory Building section of the City Code which
requires that a detached accessory structure be no larger than 1 100 square feet in a R-1
zoning district.
The site contains 20 acres and is zoned R-1. In a R-1 zoning district, churches are
allowed with a conditional use permit.
The Planning and Zoning Board held a public hearing on this request and did recommend
approval with the following conditions:
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COUNCIL MEETING NOVEMBER 27, 1995
1 The Anoka County Highway Department and City Engineer provide
comment/recommendation in regard to the need for Elm Street improvement
necessary to accommodate increased area traffic volumes. Elm Street has recently
been turned over to the control of the City. The City has asked and the Church
has agreed to provide an additional seven (7) feet of right-of-way along Elm Street
which is similar to what was required from the Senior Cottages development
project. A traffic study on Elm Street was commissioned by the City Engineer.
The Church has agreed to the sign requirements of the study. This limits access to
the Church to one-way in and one-way out at the different driveway locations.
The site plan is modified to illustrate specific trash handling areas. All waste,
refuse or garbage shall be kept in an enclosed building or container designed for
such purposes. The architect has designed trash enclosures which will be located
behind the church structure near the accessory building.
3. The site plan is modified to illustrate exterior lighting locations. All lighting shall
be hooded and directed to as not to infringe on neighboring residential uses and
public rights-of-way.
If any new signage is to be erected, a sign plan shall be submitted which specifies
the location, type and size of all proposed signs. All site signage shall be required
to comply with applicable provisions of the City Sign Ordinance. The Church has
indicated that they do not intend to change any of the signs that currently exist on
the site.
5. The submitted grading and drainage plan is subject to review and approval by the
City Engineer. Such review should specifically address the need for a drainage
easement establishment over the site's ponding area. The applicant shall be
required to demonstrate that the proposed development will have no wetland
impact.
The submitted utility plan is subject to review and approval by the City Engineer.
Such review should specifically address details relating to septic system removal
and well capping. NOTE: the property is to be served by sanitary sewer and
municipal water, therefore the septic system will be removed. The well may be
retained for outside use which is permitted.
7 The City Engineer and Anoka County Highway Department provide comment in
regard to the proposed roadway easement acceptability. NOTE: The County
required an additional seven (7) feet of right-of-way from Willow Ponds Senior
Project. If this roadway is turned back to the City as proposed, by mid-November,
the City would also require the additional seven (7) feet of right-of-way. The
Church has not objected to the dedication.
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COUNCIL MEETING NOVEMBER 27, 1995
A park trail that will run along the road right-of-way will be dedicated to the City. This
trail will connect to the trail that is planned for the Senior Cottage housing project.
Council Member Bergeson asked when the Living Waters Lutheran Church constructed
an addition to their building this summer, were they required to get a conditional use
permit. Ms. Wyland explained that a conditional use permit was approved when the
original building was constructed. The recent addition was included in the original
conditional use permit, therefore an amended conditional use permit was not required.
Ms. Wyland explained that the Church is requesting a variance so that they can build a
garage which is 36 feet by 72 feet to house vehicles and equipment to maintain the site.
This building will be located behind the existing school building. It will be a wood frame
structure with siding that will match the exterior of the proposed addition. In the current
Zoning Ordinance there is no provision for accessory buildings for churches. The Church
is located in an R-1 District and the maximum size of an accessory building for this district
is 1 100 square feet. Since the staff is reviewing and preparing proposals to update that
ordinance, provisions for structures other than residential units in the various zoning
districts will be included in the recommended changes. This problem should not occur in
the future.
Council Member Elliott moved to approve the request for a conditional use permit with
conditions outlined above. Council Member Neal seconded the motion. Motion carried
unanimously.
Council Member Neal moved to approve the variance as outlined above Council Member
Elliott seconded the motion. Motion carried unanimously.
Representatives from The Church of St. Joseph presented an architects model of what the
site will look like when all the building is complete.
Final Plat, Behm's Century Farms, 1st Addition - Ms. Wyland used the overhead
projector and noted the location of this proposed subdivision. Initial review of the Behm's
Century Farms plat began in late 1993 with the preliminary plat approval by the City
Council in May of 1995. The preliminary plat consists of 105 Tots in three (3) phases with
the first phase containing 55 lots.
The property was rezoned by the City Council to R-1, Single Family Residential and is
indicated as such on the City's Comprehensive Land Use Map. The Metropolitan Council
approved the Minor Comprehensive Plan Amendment for a MUSA land exchange
covering the first phase of this development on August 7, 1995. Utilities are being
extended from 4th Avenue to serve the site with construction to begin in the spring of
1996. Construction of four (4) model homes off of Lilac Street will begin this year.
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COUNCIL MEETING NOVEMBER 27, 1995
Conditions of approval for this preliminary plat included the provision of landscaping
along Lilac Street, protective covenants acknowledging the air -park proximity, the
accessory building size for the air -park lots and a north orientation for the homes to be
constructed on Lots 17, 18 and 19, Block 5. These conditions have been met and a copy
of the landscape plan, which has been reviewed by the City Forester, was included in the
Council packets for Council review this evening.
A Development Agreement has been signed and financial guarantees posted. The City
Attorney has indicated that some changes must be completed before he will approve the
title commitment. City Staff is recommending that Phase I, Behm's Century Farms be
approved subject to the condition that the title commitment be reviewed and approved by
the City Attorney prior to release of the final plat document.
Council Member Bergeson asked what was the status of the east portion of Thomas
Street. Ms. Wyland explained that a utility easement will provide access for future sewer
and water utilities can be extended east on Thomas Street to serve the resident on that
street. Ms. Wyland referred to the restrictive covenants that will be placed on the entire
Behm's Century Farm subdivision and noted that item No. 8 should be modified to delete
the following; the hangars are for the exclusive use of the property owner for the storage
of airplanes. This condition was modified during the review of the preliminary plat but
was incorrectly noted in those Council minutes. To avoid future problems, this should be
corrected now by a Council motion.
Mr. Schumacher asked if the trail issue has been resolved. He noted that there was talk
about a future plat corning before the City Council and that a connecting trail would be a
part of the fiiture plat. Ms. Wyland explained the intent of the developer and the hope of
the Park Board is that a trail will be provided to access a park to the west of the
subdivision. Since the trail is to be located in a future development phase and Rice Creek
Watershed District (RCWD) permits have not been finalized, the developer received
communication from RCWD that this trail alignment is very feasible. The developer has
provided a letter to the City stating that if the trail cannot be constructed as desired by the
Park Board, additional park land will be dedicated from Phase 11 or Phase III to satisfy the
Park Board request
The developers engineer has had several meetings with RCWD regarding the trail
alignment.
Mr. Uhde, G. M. Development, responding to a question from Mayor Reinert, explained
that construction of the first phase of 55 lots will start in March or April of 1996. He
expects that about 25 or 30 homes will be constructed per year which would mean that the
lot inventory will be sufficient until mid-1997. The second phase will be started probably
in the fall of 1997 with construction actually beginning in the spring of 1998. It will take
about four (4) years to complete the entire development.
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COUNCIL MEETING NOVEMBER 27, 1995
Council Member Bergeson moved to approve the final plat of Behrn's Century Farm,
Phase I with the condition that Restrictive Covenant No. 8 on the proposed Covenants
exclude the working mentioned above. Council Member Neal seconded the motion.
Motion carried unanimously.
POLICE DEPARTMENT REPORT, CHIEF PECCHIA
FIRST READING, Ordinance No. 23 - 95 Amending the Lino Lakes City code by
Adopting the Anoka County Juvenile Curfew Ordinance - Chief Pecchia explained
that the Anoka County Board of Commissioners has adopted a curfew ordinance that
conforms to other curfew ordinances in the metropolitan area.
At the City Council meeting on September 25, 199.5, the Lino Lakes Police department
requested that the Lino Lakes City Council adopt a resolution in support of establishing a
county -wide Curfew Ordinance which would conform with other metropolitan counties.
The City Council approved support by adopting Resolution No. 95 - 130 The City
Attorney has reviewed the current City Curfew Ordinance and has recommended that the
an amendment to this ordinance be adopted. The adoption of the proposed ordinance No.
23 - 95 would effectively adopt the Anoka County Juvenile Curfew Ordinance making the
County Ordinance and the Lino Lakes Ordinance the same.
Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 23 - 95
and dispense with the reading. Council Member Neal seconded the motion. Motion
carried unanimously.
CITY ENGINEER'S REPORT, DAVID AHRENS
Resolution No. 95 - 151 Accepting Bids and Authorize Purchase of Backhoe - Mr.
Ahrens explained that the City's maintenance department has been renting a backhoe
during the summer for the last several years to assist in various maintenance efforts
throughout the City. The use of the backhoe has increased to the point where it is used
year-round. Rather than continuing with the rental of a backhoe, the Public Works
Department advertised for bids for the purchase of a backhoe. The bids were opened on
October 23, 1995, with the following results:
Midwest Machinery, Inc. (John Deere)
St. Joseph Equipment Co. (Case)
$47,293 46
$64,190.80
The option to rent -to -own was also considered. Over a five (5) year period, it would cost
the City an additional $7,000.00 over the low bid amount noted above. Maintenance costs
are the same between the rent -to -own option and the purchase option. Due to this extra
cost, the rent -to -own option is not recommended.
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COUNCIL MEETING NOVEMBER 27, 1995
The backhoe is proposed to be funded according to the following schedule:
Street Department (33%) $15,764.49
Utilities Fund (33%) $15,764.49
Surface Water Management Fund (33%) $15,764.49
TOTAL $47,293.46
Mr. Ahrens recommended that the City Council adopt Resolution No. 95 - 151 accepting
the low bid from Midwest Machinery, Inc. Council Member Bergeson moved to adopt
Resolution No. 95 - 151. Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 95 - 151 can be found at the end of these minutes.
Resolution No. 95 - 158 Approving the Final Payments for Apollo Drive, Phase I and
Phase II Improvements - Mr. Powell explained that construction activity on both of
these projects has now been completed. The final payment by the City will initiate the
contractor's one-year warranty period. Although these projects were completed by
separate contractors, Arcon Construction Company for Phase I and C. W. Houle, Inc. for
Phase II, the final payments are being processed at the same time for administrative ease.
The final payments will not be released to the contractors until they have completed their
final submittals as per contract requirements.
Council Member Elliott moved to approve Resolution No. 95 - 158 Approving Final
Payments for Apollo Drive Phase I and Phase II Improvements. Council Member Neal
seconded the motion. Motion carried unanimously.
Resolution No. 95 - 158 can be found at the end of these minutes.
Resolution No. 95 - 159 Receiving Report and Calling a Public Hearing, Holly
Drive/12th Avenue Improvement - Mr. Heth explained that the Lino Lakes City Council
ordered the preparation of a feasibility report for 12th Avenue and Holly Drive
improvements on April 24, 1995. The report has been completed by the City's
engineering consultant. In accordance with Minnesota State Statutes 429 and the Lino
Lakes City Charter, the feasibility report is to be received by Council and a public hearing
scheduled. The public hearing is scheduled for January 22, 1996 at 6:30 P.M.
Mr. Heth explained that he will prepare copies of the feasibility report and have them to
the City Hall tomorrow.
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COUNCIL MEETING NOVEMBER 27, 1995
Council Member Bergeson moved to adopt Resolution No. 95 - 159 setting a public
hearing for the improvement of 12th Avenue and Holly Drive. Council Member Neal
seconded the motion. Motion carried unanimously.
Resolution No. 95 - 159 can be found at the end of these minutes.
Establishing a Street Construction/Maintenance Policy - Mr. Ahrens explained that
the Charter Commission has requested that staff address street maintenance issues since
the Charter Amendment was not approved at the November 7, 1995 election. An outline
of maintenance efforts that are typically done throughout the year was prepared and road -
patching was prioritized. Typical street maintenance measures include:
Sweep streets to remove sand and other debris (once in the spring and summer and
periodically throughout the summer).
2. Repair snow plow damage to yards.
3. Crack filling.
4. Seal coat roads.
5. Install wear course in new developments.
6. Patch roads
a) First priority will be given to roadways constructed to City standards (post
1986)
b) Non-structural road failures such as block cracking, washboarding,
abrasion will be corrected with proper maintenance measures.
c) Roadways in area that likely will not be developed within five (5) to 10
years will receive proper maintenance measures as determined by the Public
Works Superintendent. This includes the correction of subgrade failures.
(removal of asphalt and subgrade and replacement with new hot mix.)
d) Roadways in areas that likely will be developed within five (5) to 10 years
will receive proper maintenance measures as determined by the Public
Works Superintendent excluding the correction of subgrade failures.
Mr. Ahrens explained that the above outline describes typical maintenance of the City's
roads throughout the year and can vary depending on special circumstances. Attached to
Mr. Ahrens "green sheet" was a sheet titled, "Guidelines for Street Maintenance". He
explained that these "guidelines" have been followed by the maintenance crews in the past
and asked the City Council to receive the street maintenance guidelines as presented. If
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COUNCIL MEETING NOVEMBER 27, 1995
these guidelines are approved, he will forward this information on to the Charter
Commission.
Mr. Schumacher explained that the Charter Commission chairman had called him and
asked the City Council to give the Charter Commission some direction since the Charter
Amendment relating to road improvements failed. Mr. Schumacher asked Mr. Ahrens to
prepare guidelines listing what he felt were maintenance issues versus reconstruction
issues and have the City Council endorse the guidelines. The Charter Commission
Chairman feels that this will be a priority issue and wanted to start by reviewing the
current street maintenance and reconstruction policy.
Council Member Bergeson noted that the "guidelines" are a statement of how street
maintenance is currently addressed. Mayor Reinert noted that the agenda speaks of a
street construction/maintenance policy but the staff report talks about guidelines. During
the last election it appeared that there was a group of residents who were opposed to the
Charter Amendment that would address the deterioration of City streets which is now
estimated to cost $5,000,000.00. Mayor Reinert said that this is a serious problem and
challenged the newly elected officials to take this concern seriously. He said he hoped that
the newly elected officials understand the responsibility that is facing them. This is
something that has been a concern for some time and an attempt was made to address the
concern. Mayor Reinert challenged the Charter Commission and the newly elected
officials to get together and prepare an agreement to address this serious problem. He
said he would not vote in favor of the guidelines as submitted.
Council Member Elliott said that at this time the City Council should stress that the City
Engineer's presentation is a "guideline" under which the City is currently operating. The
Charter Commission is looking for some documentation of current policy on how street
maintenance and reconstruction is handled. They can then regroup and determine how
they can work with the new Council Members. Mr. Ahrens said that Council Member
Elliott summarized the situation very well. This is.a starting point and is the current
guidelines under which the City is working. He said that he will probably be working with
the Charter Commission directly to prepare a definite policy and plan for reconstruction of
streets. Mr. Ahrens explained that this is a starting point and asked that the City Council
accept his presentation.
Council Member Elliott proposed that the City Council receive Mr. Ahrens report as the
current street maintenance guidelines. Mayor Reinert said that he could accept this,
however, this does not address the severe street improvement problem. This City Council
attempted to address the concern, however, the referendum was not supported by the
public.
Council Member Elliott moved to receive the current street maintenance guidelines.
Council Member Bergeson seconded the motion. Motion carried unanimously.
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COUNCIL MEETING NOVEMBER 27, 1995
CONSIDERATION OF ESTABLISHING A TRAIL COMMITTEE,
RESOLUTION NO. 95 - 160, MARTY ASLESON
Mr. Asleson explained that there has been much discussion concerning the planning,
maintenance, development, safety, and funding of trails over the past several years. This
matter was of particular concern to the 20/20 Vision parks and recreation group. The
Park Board, at their last meeting, decided to investigate the formation of a Trails
Committee. Mr. Asleson was directed to make a recommendation on this matter to the
City Council.
Mr. Asleson explained that he reviewed the City of Shoreview's resolution to form a
Trails Committee and the City of Vadnais Heights ordinance establishing a Trails
Commission. Both of these groups are charged with making recommendations concerning
trails.
Mr. Asleson noted that there are some differences in how the City of Shoreview and the
City of Vadnais Heights formed their Trails Committees or Commissions. After evaluating
these differences, Mr. Asleson recommended that the City of Lino Lakes establish a five
(5) member Trails Committee with a staff liaison to meet quarterly, or on an
as needed basis.
Mr. Asleson explained that he had prepared Resolution No. 95 - 160 and submitted it to
Mr. Schumacher for his review. Mr: Schumacher recommended several changes and Mr.
Asleson outlined the changes. Mr. Asleson explained that the current resolution would be
amended to include Mr. Schumacher's recommendations.
Mr. Schumacher noted that if the resolution is adopted, stag will advertise the five (5)
positions along with all the other board and committee vacancies early in January, 1996.
Council Member Elliott moved to adopt Resolution No. 95 - 160 as amended. Council
Member Bergeson seconded the notion. Motion carried unanimously.
Resolution No. 95 - 160 can be found at the end of these minutes.
CONSIDERATION OF THE RESIGNATION OF DAVID BRUDER, BUILDING
MAINTENANCE, RANDY SCHUMACHER
Mr. Schumacher explained that Mr. Bruder has submitted his resignation as the City's
custodian. He asked the City Council to accept Mr. Bruder's resignation and authorize
staff to explore a cleaning service.
Council Member Elliott moved to accept Mr. Bruder's resignation and authorize staff to
explore a cleaning service. Council Member Neal seconded the motion. Motion carried
unanimously.
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COUNCIL MEETING NOVEMBER 27, 1995
OLD BUSINESS
There was no old business.
NEW BUSINESS
Consideration of the Resignation of Al Ross from the Circle Pines Utility
Commission - Council Member Neal moved to accept Mr. Ross' resignation. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Mr. Schumacher will determine when the next Circle Pines Utility Commission meeting is
scheduled. If there are no meetings scheduled for the balance of 1995, this position will be
advertised at the same time all other board and commission vacancies are advertised.
Council Member Elliott moved to adjourn at 7:36 P.M. Council Member Neal seconded
the motion. Aye.
These minutes were considered, corrected and approved at a regular Council meeting held
on December 11, 1995.
arilyn G ' Anderson, Vernon F. Reinert,
Clerk -Treasurer
Mayor
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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 13, 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 13, 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.
I1.
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:
Marilyn G. Anderson, Clerk -Treasurer
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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 ordinancef shall 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 off to Vote
207.22 Jury Duty
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ORDINANCE NO. 22 - 95
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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 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 tavor
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 Bergeson
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 95-151
RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF A
BACKHOE
WHEREAS: pursuant to an advertisement for bids for a backhoe, bids were received,
opened and tabulated according to law, and the following bids were
received complying with the advertisement:
NAME K. ADDRESS AMOUNT OF BID
Midwest Machinery, Inc.
St. Joseph Equipment Co.
$47,293.40
$64, 190.80
AND WHEREAS: it appears that Midwest Machinery, Inc. is the lowest responsible
bidder capable of providing the backhoe and responsive to the request for bids,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
Hereby authorize the purchase ofa backhoe from Midwest Machinery, Inc._ in the
amount of $47,293.46.
Adopted by the City of Lino Lakes City Council this 27th day of November, 1995.
Vernon F. Reinert, Mayor
1Vlari n G. Anderson, Clerk - Treasurer
The motion for the 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, Neal, Reinert.
The following voted against same:None, Council Member Kuether was absent.
Whereupon said resolution was declared duly passed.
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Council Member Elliott introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 95-158
RESOLUTION APPROVING FINAL PAYMENT FOR THE APOLLO DRIVE PHASE I
AND PHASE II IMPROVEMENTS.
WHEREAS, construction of the Apollo Drive Improvements have been
completed by Arcon Construction Company, Inc. and,
WHEREAS, construction of the Apollo Drive Improvements - Phase II have been
completed by C. W. Houle, Inc.,
AND WHEREAS, the one-year warranty periods for these projects will begin with the
final payment,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
Final Payment is hereby approved for the Apollo Drive Phase I and Phase II
Improvements.
Adopted by the City Council this 27th day of November, 1995.
i (c.k_.,-,— __:----;'---1 _X ---i ti ,t,..0),---) ....__
Marilyn G.' nderson
Clerk -Treasurer
Vernon F. Reinert, Mayor
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Neal and upon vote being
taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert.
The following voted against same: None, Council Member Kuether was absent.
Whereupon said resolution was declared passed and adopted.
CERTIFICATION
1 hereby certify that the above is a correct copy of a resolution duly passed, adopted
and approved by the City Council on , 1995.
LAC
Marilyn . Anderson, Clerk -Treasurer
Council Member Bergeson introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 95-159
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT.
WHEREAS, pursuant to resolution of the Council adopted April 24, 1995, a
report has been prepared by SEH, Inc., with reference to the
improvement of 12th Avenue and Holly Drive between Ash Street
and Birch Street by reconstructing streets and installing curb and
gutter, and this report was received by the council on November
27, 1995,
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 the Section 8 of the Lino Lakes City Charter at an estimated cost
of the improvement of $1,952,800.
2. A public hearing shall be held on such proposed improvement on the
22nd day of January, 1996, in the council chambers of the city hall at 6:30
p.m. and the clerk shall give mailed and published notice of such hearing
and improvement as required by law.
Adopted by the City Council this 27th day of November _995.
Vernon F. Reinert, Mayor
Marilyn G. Anderson
Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly seconded by
Council Member Neal and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott, Neal,
Reinert.
The following voted against same: None, Council Member Kuether was absent.
Whereupon said resolution was declared passed and adopted.
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Council Member Elliott introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 95 - 160
A RESOLUTION ESTABLISHING A TRAIL COMMITTEE FOR
THE CITY OF LINO LAKES
THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES
HEREBY RESOLVE to establish a Trails Committee whose functions shall be to
identify and plan recreation and transportation trails throughout the City.
The Committee shall consist of five (5) members appointed by the City Council for
three-year terms on a calendar basis except that the Council may select members
for a one or two-year teirm on an initial basis in order to stagger the terms of the
members. The members of the Committee shall serve without compensation and
may be removed from office at any time by the Council. One member of this
Committee shall be from the Park and Recreation Board and shall be a voting
member.
2. The Committee shall establish its own meeting dates, but shall meet at least four
(4) times a year.
3. The Committee may adopt its own rules and procedures. These rules may include
establishing a chairperson and other officers of the Committee, methods of calling
meetings, conduct of hearings, methods of voting, and maintaining Committee
records.
The Committee shall send to the Park, Recreation and Environmental Board a
copy of the minutes of each meeting and in June of each year, tender an annual
report of its activities and any recommendations to the City Council.
5. The Trail Committee shall establish close coordination and cooperation with the
Departments of Public Safety and Engineering. For that matter, one representative
from each of these departments will attend the meetings on an as needed basis.
Adopted by the City Council of Lino Lakes this 27th day of November, 1995.
L
Marilyn G. ' nderson, Clerk -Treasurer
Vernon F. Reinert, Mayor
RESOLUTION NO. 95 - 160
Page -2-
The motion for the 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, Neal, Reinert.
The following voted against same: None, Council Member Kuether was absent_
Whereupon said resolution was declared duly passed and adopted.
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