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HomeMy WebLinkAbout07/22/1996 Council MinutesCITY COUNCIL MEETING JULY 22, 1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : July 22, 1996 . 6:30 P.M. . 8:35 P.M. : Bergeson, Kuether, Neal, Landers : Lyden Staff members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Building Official, Peter Kluegel; Planning Coordinator, Mary Kay Wyland, City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Council Member Neal asked that an item titled, "St. Joseph Catholic Church Pedestrian Trail" be added to New Business. Council Member Kuether ask for an explanation of Consent Agenda Item No. B (1). Mr. Schumacher explained that the $700.00 expenditure is a fee based upon a nonmember rate for the Certificate of Achievement for Excellence in the Financial Reporting Program. The Finance Department is budgeting $140.00 to pay the membership fee for 1997. Mr. Schumacher noted that staff is removing the disbursement for the Reiling easement settlement. Council Member Kuether moved to approve the consent agenda as amended. Council Member Neal seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under open mike. SEMI-ANNUAL POLICE DEPARTMENT REPORT, CHIEF PECCHIA At the July 17, 1996 Council work session, Chief Pecchia presented the semi-annual Police Department Report in detail. Chief Pecchia presented highlights from that report. Some of the highlights are: 1) a summary of cases the Department was involved in during the first half of 1996; 2) various training programs; 3) certification of newly hired PAGE 1 CITY COUNCIL MEETING JULY 22, 1996 Police Records Clerk; 4) D.A.R.E. Program training and events; 5) Crime Watch development; 6) added seven (7) reserve officers to help with increased volume of calls; and, 7) successfully applied for and received a second COP Grant and another grant for $16,000.00. Chief Pecchia thanked the City Council for their continued support and also thanked his staff and officers. Council Member Bergeson noted that the National Night Out event is scheduled for August 8th. He said he will be riding in a squad car with an officer that evening visiting the various neighborhood Night Out parties. Chief Pecchia invited all Council Members to ride with an officer. He also noted that all Lino Lakes Police Officers will be in service that evening. A_copy of Chief Pecchia's entire semi-annual report is available at the Police Department. Council Member Neal moved to accept Chief Pecchia's semi-annual report. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE SECOND READING, ORDINANCE NO. 08 - 96, AMENDING THE ORDINANCE ON MANDATORY SEPTIC PUMPING, PETER KLUEGEL Mr. Kluegel explained that Ordinance No. 08 - 96 was drafted in response to Metropolitan Council's rejection of the Lino Lakes Individual Sewage Treatment Inspection Code. A draft ordinance was prepared and given to Metropolitan Council for their review. Metropolitan Council has approved the draft noting that it met all of their requirements and concerns. The FIRST READING of Ordinance No. 08 - 96 was held at the July 8, 1996 Council meeting. Since that time no further comments or corrections have been proposed. Mr. Kluegel recommended that the City Council adopt the SECOND READING of Ordinance No. 08 - 96. Council Member Kuether asked approximately what would it cost each homeowner to comply with the proposed ordinance. Mr. Kluegel explained that the licensed pumpers would be qualified to perform the inspection so that the cost would be the same as it would cost the homeowner to get their septic tank pumped, approximately $80.00 to $100.00. Council Member Kuether asked if this proposed ordinance is as restrictive as the Washington County septic tank ordinance. Mr. Kluegel said no, however, this proposed ordinance would identify problem septic tanks. Council Member Kuether asked when this proposed ordinance would become effective. Mr. Kluegel explained it would be effective 30 days following its publication. He noted that there is no inspection requirement until March, 1997. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 08 - 96 including the requirement that inspections will not begin until March 1997 and PAGE 2 CITY COUNCIL MEETING JULY 22, 1996 dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 08 - 96 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION 96 - 80, ADOPTING A SEXUAL HARASSMENT POLICY, RANDY SCHUMACHER Mr. Schumacher presented Resolution No. 96 - 08 and a policy regarding workplace harassment. He explained that the City will not tolerate harassment of any kind, either of or by its employees. The definition of harassment, as laid out in the policy, is as follows: comments, or actions with respect to an employee's religion, race, color, creed, national origin, sex, marital status, age, sexual orientation or medical or disabling condition which comments or actions causes an employee to worry or torment or forces the employee being harassed into situations or behavior not required by the employee's job responsibilities. Complaint forms have been drafted and are available to the employees. Mr. Schumacher explained that the City's Employee Assistance Program will be holding "Sexual Harassment Training" for all employees on August 6th and 13th. He said the City will attempt to hold employee training seminars each month. Council Member Kuether moved to adopt Resolution No. 96 - 80. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 80 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Site Plan Review, Preliminary Plat, MedCenters Managed Care Facility, Apollo Drive - Ms. Wyland used the overhead projector to show where this facility would be located on Apollo Drive. She explained that MedCenters Managed Care (HealthPartners) would like to construct a 9,200 square foot clinic on Apollo Drive just south of Lilac Street. The property is zoned General Business (GB) and a medical clinic requires a conditional use permit in this district. This clinic will have approximately 15 examining rooms and be staffed by five (5) doctors. Site Plan Review SETBACKS: The proposed structure will be located toward the rear of the lot well within the setback requirements. Visitor parking will be off Apollo Drive in front of the building with employee parking behind the building on the I35W side of the site. BUILDING EXTERIOR: The building exterior will consist of decorative brick with brick accent. PAGE 3 CITY COUNCIL MEETING JULY 22, 1996 BUILDING HEIGHT: The structure will be approximately 18 feet in height, 45 feet is the maximum height allowed in the GB Zoning District. GREEN AREA: The Zoning Ordinance requires a minimum green area of 25%. OFF-STREET PARKING: A total of 50 patient/visitor parking spaces and 16 employee spaces will be provided for a total of 66 spaces. Handicapped spaces shall comply with ADA Rules and Regulations. CIRCULATION AND ACCESS: Access to the site will be provided by a shared driveway off of Apollo Drive. The applicant will be required to enter into a shared driveway agreement with the property owner to the south. LANDSCAPING: A landscaping plan has been provided and is subject to the review and approval of the City Forester and Community Service Officer. Some minor changes have been suggested and discussed with the applicant. A park dedication fee will be required as a part of the development as subdivision of the land is involved. LIGHTING: The City's CSO has reviewed the lighting plan and recommended approval with some minor changes. LOADING AND TRASH HANDLING: The trash handling area is indicated on the site plan and shown as a screened enclosure. SIGNS: All signs must conform to the City's Sign Ordinance and proper permits must be obtained prior to any installation. UTILITIES, DRAINAGE AND GRADING: Utilities are available to serve the site off Apollo Drive. All plans will be subject to the final review and approval of the City Engineer. Rice Creek Watershed District permits will also be required for the drainage and grading of the site. HAZARDOUS MATERIALS: Any hazardous materials generated from the site will be subject to the Minnesota Pollution Control Agency disposal rules and regulations. ROOF TOP HEATING/VENTILATING UNITS: Any roof top units shall be screened so as to blend in with the character of the building. Staff recommended approval of the site plan and conditional use permit with the following conditions: 1. Proper building permits be obtained prior to any construction and 1% of the construction costs be put in escrow to insure completion of all site improvements. The City's CSO shall review the building plans prior to issuance of the building permit to insure compliance with CEPTED recommendations. PAGE 4 CITY COUNCIL MEETING JULY 22, 1996 2. Landscaping of the site shall be coordinated with the City Forester. 3. Signs shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 4. A park dedication fee shall be required as outlined by City Ordinance. 5. Rice Creek Watershed District permits shall be obtained, if required, prior to any site grading. 6. Utility, grading and drainage plans shall be reviewed and approved by the City Engineer. 7. A shared driveway agreement shall be provided between the owners of Outlot B and the MedCenter parcel. 8. The parking area shall be paved and concrete curb and gutter provided as determined by the City Engineer. Preliminary Plat Review The property owner is requesting review of a preliminary plat for the Apollo Business Park No. 2. The total site is approximate 9.59 acres. The following parcels would be created: Lot 1, Block 1 - 2.77 acres which is the site of the Managed Care Facility Lot 1, Block 2 - .83 acres Outlot A. - 3400 square feet (not included in the plat) Outlot B 5.99 acres All lots meet the minimum requirements for a General Business (GB) District except Outlot A. Outlot A is a remnant lot created when Apollo Drive was constructed and is currently physically separated from the balance of the property. This remnant parcel is not being included in the preliminary plat. Outlot B is being created to provide for future subdivision of the parcel. The applicant has been advised that the City has a limited access agreement with Anoka County for Apollo Drive which may restrict access to this Outlot. At this time access would be via a shared driveway with MedCenters and the property owner to the south. The Planning and Zoning Board held a public hearing at their July 10, 1996 meeting and then recommended approval of both the preliminary plat and site plan/conditional use permit with conditions previously outlined. PAGE 5 CITY COUNCIL MEETING JULY 22, 1996 Mr. Wessel explained that he has been working with the MedCenter personnel for some time and said he felt that this was a very nice project for the City. He introduced the project architect, Mike Boldenow of BWBR Architects. He also introduced Steve Hetteen who said that MedCenter Managed Health Care was happy to be locating in Lino Lakes and was looking forward to working with the City. Council Member Kuether asked if the parking met all requirements. Ms. Wyland said yes. Mayor Landers added that there will be striping in accordance with the ADA regulations. Council Member Kuether moved to approve the preliminary plat with the eight (8) stipulations listed above and to include a 9th stipulation that the parking lot striping be added in accordance with the ADA rules and regulations. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the site plan review/conditional use permit subject to the same nine (9) stipulations previously listed. Council Member Bergeson seconded the motion. Motion carried unanimously. Site Plan Review for Expansion of Manufactured Housing Park, Baldwin Lake Court - Ms. Wyland used the overhead projector to show the location of the area under discussion. She explained that Mr. Paul Howard, owner of the Baldwin Lake Court Manufactured Home Park is requesting approval of a site plan to allow an expansion of the park. The proposed expansion would involve the addition of 19 homesites with a 16' x 22' optional garage area available for each unit. The homes to be located on the south portion of the site will all be double -wide homes. Mr. Howard applied for expansion of the Baldwin Lake Court several years ago. After a public hearing was held, the City Council denied his request for expansion. Mr. Howard started litigation on the matter and was successful. The court settlement allowed for 21 homesites. Mr. Howard's current request is for two (2) homesites less than his original request. The agreement basically states that the City will allow an expansion of the park provided certain conditions are met. The property was rezoned to Manufactured Home Park (R-6) following the court settlement agreement in 1992. The Baldwin Lake Manufactured Home Park has been in existence since the early 1950's and currently contains 75 units. The proposed expansion will bring the total to 94 units. Site Plan Review SETBACKS: City Code provides the following setback requirements: 40 feet from Hodgson Road, 15 feet front setback, 5 feet rear and side setback, 20 feet setback between manufactured homes, and adjoining residential district. According to the submitted plan, these requirements will be followed. PAGE 6 CITY COUNCIL MEETING JULY 22, 1996 BUILDING HEIGHT/EXTERIOR: The house pads are proposed to be 28 feet by 76 feet for a possible total of 2,028 square feet in area for the double wide homes. Each unit will have space for a 16 foot by 22 foot detached garage. PARKING/CIRCULATION: Each unit will be provided with two (2) off street parking spaces, one within the proposed garage. Six (6) additional spaces have been provided on the plan. A private roadway will be constructed terminating in a cul-de-sac. The emergency access, shown on the original plan several years ago, has been deleted and may allow additional parking space near the proposed recreation area. The Police and Fire Departments have reviewed the elimination of the emergency access and have no objections to its removal. According to the settlement agreement, a total of four (4) access points to Hodgson Road will be provided. The current access to the park office will be eliminated to allow the new access. TRASH HANDLING: The current park has commercial trash handling service which provides a dumpster for collection. The trash handling location shall be screened subject to City approval. LANDSCAPING: A detailed landscaping plan has been submitted which conforms to the settlement agreement. This plan provides an evergreen screen between this proposed development and the residential area to the south and includes seven (7) foot and 12 foot spruce trees. The final design will be subject to the review and approval of the City Forester and Community Service Officer (CSO). LIGHTING: The CSO has reviewed the lighting proposal with Mr. Howard and found it to be acceptable. GRADING/DRAINAGE/UTILITIES: Sewer and water are available to serve this site. Final plans will be subject to the review and approval of the City Engineer. PARK DEDICATION: A park dedication fee shall be required according to City Policy. Park Department staff is currently working with the developer to secure trail easements and a possible canoe launch site on Baldwin Lake as part of this development. Ms. Wyland said that staff is recommending approval of the site plan review with the following conditions: 1. A development agreement be drafted between the City and the Howard's for all site improvements. Financial guarantees shall be posted to cover all improvements as determined by the City Engineer. 2. Proper building permits shall be obtained for all construction on the site. 3. The Park Board shall determine adequate park dedication in accordance with City Ordinance. PAGE 7 CITY COUNCIL MEETING JULY 22, 1996 4. A total of four (4) entrances onto Highway 49 (Hodgson Road) shall serve this development subject to MnDOT approval. The office access shall be eliminated. 5. Proper permits shall be obtained from the Rice Creek Watershed District. 6. The Howard's shall provide the City with a set of rules and regulations governing the rental, operation and maintenance of the park including trash handling and location. 7. All conditions outlined in the settlement agreement dated February 25, 1992 shall be made a part of this permit. The Planning and Zoning Board reviewed this proposal at their July 10, 1996 regular meeting and recommended approval. Council Member Kuether asked if the Public Works Superintendent had reviewed the street plan for snow removal concerns. Mr. Ahrens explained that all of the streets in the Baldwin Lake Court are private streets. The City Public Works Department will not plow snow or maintain the streets. Council Member Bergeson reminded staff that an ordinance has been passed that required all residential garages to be attached to the home. Ms. Wyland explained that this particular ordinance does not pertain to R-6 development. The site plan submitted to the City Council meets all criteria of the R-6 Subdivision. Council Member Kuether asked what happens to the garage when a tenant decides to move and take their mobile unit with them. Mrs. Howard said that sometimes the owner takes the garage as well. Most of the time, both the home and the garage remain on the lot. Mayor Landers noted that the cul-de-sac is longer than is allowed in the City Code. Mr. Ahrens said yes, however, the cul-de-sac is in accordance with the court settlement. Mayor Landers asked if the homes that are brought in are purchased by an owner or the Howard's. Mrs. Howard said that people purchase their homes and bring them into the park. Mr. Schumacher asked how utilities will serve this development. Ms. Wyland explained that the settlement agreement requires that easements in the private street be given to the City to allow maintenance of the utility services. She further explained that the development agreement will outline how utilities will be constructed. The Howard's have not decided if they will install the utilities or if the City will install the utilities and assess the Howard's for the costs. PAGE 8 CITY COUNCIL MEETING JULY 22, 1996 Council Member Bergeson said that he remembered that the City needed an easement for the Laurene Avenue lift station. Mr. Hawkins said that originally an easement was needed for the forcemain sewer line to the Laurene Street lift station. The cost of all internal utilities installed in the park itself will be paid by the Howard's. Maintenance of this utility system will remain the responsibility of the Howard's. Council Member Kuether moved to approve the site plan review subject to the conditions outlined above. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Final Plat, Pheasant Hills Preserve East - Ms. Wyland used the overhead projector and noted the location of this plat. The preliminary plat for Pheasant Hills Preserve East was approved by the City Council in April, 1994. The plat created four (4) lots, one containing an existing home, the other three (3) lots fronting on Sherman Lake Road. The property was rezoned to R -1X and is currently located within the MUSA boundary. A development agreement was signed in August, 1994 and utilities installed and assessed to the property. Submittal of the final plat documents never occurred. This was an oversight by the developer, Contractor Developer Properties, and was not realized until one of the properties was recently sold. Final plat documents have been received and reviewed by City staff. All documentation appears to be in order. Staff is recommending approval of the final plat for Pheasant Hills Preserve East. Council Member Kuether moved to approve the final plat. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Approving Comprehensive Plan Steering Committee - Ms. Wyland explained that a Comprehensive Plan Steering Committee had been drafted for Council review. A meeting of this committee is scheduled for Wednesday, July 24, 1996, 5:00 P.M. in the Council chambers. This will be an organizational meeting. Ms. Wyland asked for two (2) volunteers from the City Council to also be part of this committee. Mr. Wessel explained that further meetings will be scheduled at this organizational meeting. Council Member Bergeson noted that there had been some discussion at the last Council work session on how the City Council should be involved. He was told that the consultant for this project had recommended that there be two (2) Council Members involved. Mayor Landers volunteered to be a member of the committee. He asked that every Council Member who could, attend the first organizational meeting to find out what is scheduled. Council Member Bergeson noted that Council Member Kuether had shown an interest in becoming part of the committee. He suggested that she and Mayor Landers PAGE 9 CITY COUNCIL MEETING JULY 22, 1996 be appointed to the committee at this time. If Council Member Kuether finds that she has some conflict, another Council Member can be appointed at another time. Council Member Bergeson moved to approve the list of committee members drafted by staff and to appoint Mayor Landers and Council Member Kuether to the committee. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 83, Accept Bids and Award Construction Contract, Cedar Street Lift Station - Mr. Ahrens explained that sealed bids were received and opened this morning at 10:00 A.M. for the Cedar Street Lift Station Project. The Cedar Street Lift Station serves sewer distract No. 3 located in the eastern part of the City that includes the Clearwater Creek Development Center and the Clearwater Creek housing development. City Council action is required to award a construction contract to the lowest responsible bidder. The City Council ordered the improvement at the June 7, 1996 Council meeting. This morning, four (4) sealed bids were received and opened. The Northdale Construction bid of $238,125.00 is the lowest responsible bid. The construction costs for this project will be funded by the City's Area and Unit (Enterprise) Fund. This fund is supported by charges to properties as they are developed. It is anticipated that construction will begin by July 31, 1996 and will be substantially completed by October, 1996. Mr. Ahrens recommended that the City Council adopt Resolution No. 96 - 83 accepting the low bid from Northdale Construction. Council Member Kuether moved to adopt Resolution No. 96 - 83 awarding the bid in the amount of $238,125.00 for the Cedar Street Lift Station Project to Northdale Construction Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 83 can be found at the end of these minutes. Consideration of Resolution No. 96 - 84, Accept Bids and Award Construction Contract, Clearwater Creek Development Center Trunk Utilities - Mr. Ahrens explained that the City Council ordered the advertisement for bids for the Clearwater Creek Trunk Utility Project on June 24, 1996. This morning six (6) bids were received and opened. Mr. Ahrens gave the City Council the bid results and recommended that awarding the bid be tabled until the City has obtained the necessary easements for the project. He said staff will prepare a recommendation for awarding the bid when all easements have been secured. It is possible that the recommendation can be brought to the next regular Council meeting. PAGE 10 CITY COUNCIL MEETING JULY 22, 1996 Council Member Kuether moved to accept the bids for the Clearwater Creek Development Center Trunk Utilities. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 81, Accept Bids and Award Construction Contract, Water Storage Tank No. 2 - Mr. Ahrens explained that bids for this project were received and publicly opened on July 16, 1996. Three (3) bids were received for the fluted column style tank which is the same style as the existing tank near Apollo Drive and Fourth Street. The lowest of the three (3) bids was from Pitt -Des Moines, Inc. in the amount of $992,000.00 which is under the Engineer's estimate of $1,155,000.00. Pitt - Des Moines, Inc. also installed the existing tank. Mr. Ahrens recommended that the City Council adopt Resolution No. 96 - 81 Accepting the Bids and Awarding the Contract for Elevated Water Storage Tank No. 2 to Pitt -Des Moines, Inc. Mr. Ahrens said that there had been a suggestion that teflon based paint be used for the exterior of this project. He asked Mr. Curt Johnson to respond to this suggestion. Mr. Johnson explained that the materials used to construct any water tank must be approved by the Minnesota Department of Health. At this time, there has been no research on this type of paint. Council Member Neal asked Mr. Johnson to call Mr. Forrest Tagg and get some information from him. Mr. Ahrens said he would research the possibility of using this type of paint, however, it was not specified in the bid plans and specifications. If this type of paint is beneficial, it could be included in the contract by a change order. Mr. Johnson explained that he had checked with a number of paint manufactures and who told him that there are a number of "exotic" paint products and/or systems. However these products are very costly. He will follow-up on any other leads. Mr. Ahrens explained that the new water tank will look exactly like the current water tank except that it will have the new logo on it. Council Member Kuether moved to adopt Resolution No. 96 - 81 Accepting the Bids and Awarding the Contract for Elevated Water Storage Tank No. 2 to Pitt -Des Moines, Inc. for $992,000.00. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96.- 81 can be found at the end of these minutes. Consideration of Resolution No. 96 - 85, Accept Bids and Award Construction Contract, 1996 Sealcoat Project - Mr. Ahrens explained that this project involves the sealcoating of various City streets. Several streets to be selected are in subdivisions where the developer was required to escrow dollars to pay for the streets to be sealcoated the first time. The cost of the remainder of streets to be sealcoated is included in the 1996 Operating Budget. PAGE 11 CITY COUNCIL MEETING JULY 22, 1996 Sealed bids were accepted and opened this morning. Only one bid was received and that was from Allied Blacktop in the amount of $87,000.00. The bid amount is about 12 cents per square yard which is below the estimate and cheaper than in 1995. This contractor has worked in the City many times and has a good track record. Council Member Kuether moved to adopt Resolution No. 96 - 85 Accepting Bids and Awarding a Construction Contract - 1996 Sealcoat Project with the stipulation that the City Engineer provide information as to how much of the project will be paid by developers escrow's and how much will be paid from the 1996 Operating Budget. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 85 can be found at the end of these minutes. Metropolitan Council Environmental Services (MCES) Force Main, Lift Station Project (Ash Street and Ware Road) - Mr. Ahrens used the overhead projector to show the location of this project. He explained that MCES has proposed a lift station on Ware Road and a forcemain sewer line that would go south from the lift station on Ware Road to Ash Street (County Road J) and then west along Ash Street to the MCES facility on Lexington Avenue. The City Council has been given information on this project and has already approved the plan for the lift station. MCES has now approved two (2) contracts for this project and work should start within a week or so on the lift station. The contractor has proposed four (4) 10 hour days for this project and has also promised that there will be weekly meetings on Tuesday to keep the City and the affected residents informed. The pre -construction meeting was held this morning and a mailing to all residents on the forcemain route has been completed. The City Council will be kept updated and press releases will be given to keep everyone updated about the progress of the project. Construction is anticipated to begin August 5, 1996 and be operational in November, 1996. The final completion date is expected to be December 31, 1996. Ware Road will be completely restored before winter begins. Mr. Ahrens explained that a project such as this requires that a foreman and inspector be on the job at all times. These people will also keep the residents updated. He explained that one half of Ware Road will be torn up for placement of the forcemain sewer line. Mr. Ahrens also explained how Ware Road would be restored. Council Member Kuether asked if Mr. Ahrens knew what it will cost to restore Ware Road. She asked if the City could take the cash equivalent of the restoration, collect some dollars from at least one developer in that area and some MSA funds and upgrade Ware Road to a MSA road? Council Member Kuether also asked if there have been any requests for sewer service in the 62nd Street area. Mr. Ahrens said that there has been discussion of Fox Trace, Second Addition. Some funding for the upgrading of Ware Road could be requested from the developer of the Second Addition. PAGE 12 CITY COUNCIL MEETING JULY 22, 1996 Mr. Schumacher asked if the City controls the necessary right-of-way for upgrading Ware Road. Mr. Ahrens said he did not know but could get the information for the City Council. Council Member Bergeson asked Mr. Ahrens to prepare a report outlining some options for upgrading Ware Road and have the report ready for the next Council meeting. Mr. Ahrens explained that his immediate concern is how the contractor will leave Ware Road and for how long. CONSIDERATION OF A LABOR CONTRACT, LOCAL #320, RANDY SCHUMACHER Mr. Schumacher explained that the Lino Lakes Police Department is represented by Teamsters Local #320. Their contract expired January 1, 1996. The City has been negotiating a new proposal since September, 1995. The proposed agreement impacts the contract in the following areas: 1. Three (3) year contract extending through 1998. 2. A six (6) dollar payment towards the Dental Plan. 3. A three (3) year average salary increase of 2.93%. 4. A five (5) dollar increase in clothing allowance per year with expenditure restrictions. Mr. Schumacher said that the balance of the issues in the proposal fall under the Personnel Policy and are not considered new issues. He said he felt that this was a fair proposal for the employees and the City. If approved, this contract period begins January 1, 1996 so there will be back pay for the Police Officers. Council Member Kuether moved to approve the Teamster Labor Contract as outlined by Mr. Schumacher. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW. BUSINESS Reconsideration of Off -Sale Liquor License for Steve J. Arhip, Jr. 7860 Lake Drive - Mrs. Anderson explained that Mr. Arhip applied for an Off -Sale Liquor license earlier this year. The license was approved by the City Council on April 8, 1996. At that time PAGE 13 CITY COUNCIL MEETING JULY 22, 1996 Mr. Arhip was unsure of the date his liquor business would actually be opened to the public. Since that time, the license period for the off -sale liquor license expired. Mr. Arhip was contacted and he said he plans to open for business about August 1, 1996. Since the earlier approval expired, Mrs. Anderson asked the City Council to adopt a motion approving the off -sale license for Mr. Arhip for the period of August 1, 1996 through June 30, 1997. Mr. Arhip has paid the appropriate fee and has submitted the required certificate of insurance. All other matters covered in the first application, including the Police Department investigation, remain unchanged. Mrs. Anderson said that this matter was brought before the City Council on July 8 1996. At that time, the City Council expressed a concern about children getting to Lino Park from Lois Lane safely. This concern was directed to Mr. Asleson, Parks and Recreation Director. Mr. Asleson has review this concern and has indicated that there is a City easement east of the Simonson Garage that could be used for a walking trail between Lois Lane and Lino Park. At the City Council meeting on Wednesday, July 17, 1996, Mr. Asleson explained how this walking trail could be constructed and estimated the costs involved. As a result, the Parks Department has already started construction of the trail. Mrs. Anderson recommended that the City Council adopt a motion approving an off -sale liquor license for Mr. Arhip at 7860 Lake Drive. Council Kuether moved to approve this off -sale liquor license. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Renewal of Gambling License, Dead Broke Saddle Club - Mrs. Anderson explained that the first anniversary of the Dead Broke Saddle Club's gambling operation at the 49 Club is September 1, 1996. The Saddle Club has applied for renewal of their license and has provided information so that it can be determined whether or not they have met all of the terms of the Lino Lakes Gambling Ordinance. The ordinance requires that all non-profit organizations, who are conducting gambling in the City, submit a copy of all the information that is required by the State to the City Clerk. Therefore, detailed information to determine if the Dead Broke Saddle Club has met the terms and requirements of the ordinance has been received. The Lino Lakes Gambling Ordinance also requires that all non-profit organizations conducting gambling in the City donate 10% of their net profits to benefit residents of the City. This requirement can be in cash or a direct donation to a cause or individual. The net profit for the period of September 1, 1995 to December 31, 1995 was $35,166.73. This means that $3,516.67 must be used to benefit residents in Lino Lakes. The Saddle Club made direct donations to several organizations totaling $1,250.00 and gave the City a cash donation of $2,266.73. In addition, gambling organizations are required to pay 1/10th of 1% of gross profits less prizes actually paid out by the organization to the City PAGE 14 CITY COUNCIL MEETING JULY 22, 1996 to cover the cost of administering the Gambling Ordinance. The Dead Broke Saddle Club has met this requirement. Mrs. Anderson explained that the Dead Broke Saddle Club has met all of the requirements of the .Lino Lakes Gambling Ordinance. In addition, no concerns or problems have been reported regarding this operation. Council Member Kuether moved to approve the application for renewal of the Dead Broke Saddle Club gambling license. Council Member Bergeson seconded the motion. Motion carried unanimously. REMINDER, Annual Budget Meeting for Thursday, August 8, 1996, 9:00 A.M., Tautges, Redpath & Co., LTD. Pedestrian Trail, St. Joseph Catholic Church - Council Member Neal explained that he was contacted by a Priest from St. Joseph Catholic Church regarding a trail that was to be placed in the right-of-way in front of the church. The pedestrian trail is part of the development of the new church. The Priest told Council Member Neal that the church been contacted by the City and was told that the trail was to be relocated to the south side of Elm Street and the church is required to pay for the trail. Council Member Neal asked how would the Church access the trail. Mr. Ahrens expplained that if the trail is located south of Elm Street, it would be easier to connect to other trails and would fit into the City's trail plan. The Church would be required to pay their portion of the trail, not necessarily the entire cost. Mayor Landers said that he has always understood that the trail would be located on the south side of Elm Street so that it would not interfere with the trees on the north side of the street. Council Member Neal said that the Church does not care if the trail is relocated to the south side of Elm Street, however they are concerned about what the cost will be. Mr. Ahrens will work with the Church on this matter and will provide a report at the next City Council work session. Mayor Landers noted that the National League of Cities Conference is scheduled for San Antonio, Texas this year. He asked all Council Members attending this conference to get their reservations in before August 2, 1996. Council Member Kuether moved to adjourn at 8:35 P.M. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered corrected and approved at a regular meeting of the City Council on August 12, 1996. PAGE 15 CITY COUNCIL MEETING / M lyn . Anderson, Clerk -Treasurer JULY 22, 1996 Jo ' L. Landers, Mayor PAGE 16 • Council Member Kuether introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. Q8 - 96 AN ORDINANCE AMENDING CHAPTER 403, INDIVIDUAL SEWAGE TREATMENT SYSTEMS SECTION 403.04, Subd. 2, is hereby deleted and replaced by the following: SECTION 403.04 Inspection, Subd. 2. Existing System Inspection Procedure: 1. The City will mail an inspection report form by March 1st of each year to properties containing on-site sewage disposal systems due to be inspected. All systems will be inspected biennially except for those systems which are up to code and have less than 50% of the allowable sludge and scum after re -inspection. These property owners may request a triennial inspection of their systems. 2. Each property owner receiving an inspection report form is to have their septic • tank pumped; the tank inspected; and the report form returned to the City by September 1 of the same year. 3. The system inspection will include pumping the tank, evaluation of the condition of the tank and baffles, and an examination of the drainfield area for evidence of system failure. 4. The inspection of the tank and system is to be made by a qualified person as determined by the City according to MPCA rules and regulations. 5. Failure by the property owner to complete the form and return it to the City will be cause for the City to have the system pumped and inspected. The City will contract to have the work done with all costs to be assessed to the property. I hereby certify that the above is a correct copy of the resolution duly passed, adopted and approved by the City Council on July 22, 1996. L--//4' Marrtlyn G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-81 • RESOLUTION ACCEPTING BIDS FOR ELEVATED WATER STORAGE TANK NO. 2. WHEREAS, Pursuant to an Advertisement for Bids for Elevated Water Storage Tank No. 2, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount - Item No. 1 Amount - Item No. 2 Pitt -Des Moines, Inc. $992,000.00 No Bid 9550 Hickman Rd. Clive, Iowa 50325 Caldwell Tanks, Inc. - $1,109,700.00 No Bid 4000 Tower Rd./PO Box 35770 Louisville, Kentucky 40219 Brown Steel Contractors, Inc. - $1,170,000.00 No Bid 57 East Broad St. Newnan, Georgia 30263 CBI Na -Con, Inc. - No Bid $1,098,000.00 601 W. 143rd St./PO Box 9 Plainfield, Illinois 60544 AND WHEREAS, it appears that Pitt -Des Moines, Inc, Clive, Iowa, is the lowest responsible bidder, •NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Pitt -Des Moines, Inc., Clive, Iowa, in the name of the City of Lino Lakes for Elevated Water Storage Tank No. 2, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 22nd day of July, 1996. Marilyn0.(6 4,4 G. erson Clerk -Treasurer /L. Landers, Mayor Neal The motion for adoption of the foregoing resolution was duly seconded by Council Member _ and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. • CERTIFICATION I hereby certify • at the above is a correct copy of a resolution duly passed, adopted and approved by the City n/Council on 7 . , 1996. i �. (' Manlyn_G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-85 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT -1996 SEALCOAT PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the 1996 Sealcoat Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Allied Blacktop Bid Amount $ 87,000.00 AND WHEREAS, it appears that Allied Blacktop, 10503 89th Avenue North, Maple Grove, MN 55369, is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop, 10503 89th Avenue North, Maple Grove, MN, in the name of the City of Lino Lakes for the construction of the 1996 Sealcoat Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 22nd day of July, 1996. 127' )Y, Marilyn G. knderson, Clerk -Treasurer L. Landers, Mayor Resolution 96-85 Page 2 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.' Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on July 22, 1996. Marilyn G. Anderson, Clerk -Treasurer