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HomeMy WebLinkAbout11/27/1995 Council Minutes1 1 1 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. Page 2 1 1 1 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: Page 4 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. Page 5 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. Page 6 1 1 1 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. Page 7 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. Page 8 1 1 1 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. Page 9 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 Page 10 1 1 1 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. Page 1 1 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. Page 12 1 1 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 Page 13 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 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 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 1 1 1 1 ORDINANCE NO. 22 - 95 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 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. 1 1 1 1 1 1 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. 1 1 1 1 1 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. 1 1