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HomeMy WebLinkAbout09/08/1997 Council Minutes• COUNCIL MINUTES SEPTEMBER 8, 1997 CITY OF LINO LAKES MINUTES DATE : September 8, 1997 TIME STARTED : 6:34 P.M. TIME ENDED : 8:25 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Finance Director, Mary Vaske; City Attorney, Bill Hawkins; and Clerk -Treasurer, Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda. Council Member Neal seconded the motion. Motion carried unanimously. • ITEM ACTION MINUTES, August 25, 1997 Approved DISBURSEMENTS: August 31, 1997 $25,806.95 Approved September 8, 1997 $319,229.45 (Check Nos. 48592 - 48680) Approved RESOLUTION NO. 97 - 120 OPEN MIKE Approved Sue Walsath, 1101 Holly Drive, spoke about certain behavior which took place at the Council work session on Thursday, September 4, 1997. FINANCE DEPARTMENT REPORT, MARY VASKE 11111 Consideration of Resolution No. 97 - 116, Adopting the Proposed 1998 General Operating Budget - Ms. Vaske explained that Truth in Taxation requires the City of Lino Lakes to adopt a COUNCIL MINUTES SEPTEMBER 8, 1997 proposed 1998 operating budget on or before September 15th of each year. She added that the 1998 budget is proposed with a 9.01% increase. Ms. Vaske explained that the individual department budgets which comprise the overall proposed budget will be further reviewed by Council and Staff between September 15th and November 21st, during which time changes reducing the budget can take place. Staff recommended adoption of the proposed 1998 operating budget as presented. Council Member Bergeson asked if the 9.01% increase was for the overall budget and whether or not it included taxes. Ms. Vaske stated that the increase is for the overall budget and does not include a tax increase. Mr. Schumacher pointed out four significant issues for consideration with respect to this budget: (1) It meets the growth needs of the individual departments; (2) Funding for the civic campus project is included; (3) it sets aside franchise fees for future road projects; and, (4) it includes a reduction in taxes. Council Member Neal moved to adopt Resolution No. 97 - 116, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 116 can be found at the end of these minutes. Consideration of Resolution No. 97 - 117, Certifying the Proposed 1997 Tax Levy, Collectable in 1998 - Ms. Vaske explained that Truth in Taxation requires the City of Lino Lakes to adopt a proposed 1997 tax levy on or before September 15th. She stated that the proposed levy may be decreased when the final levy is adopted on December 15th, but that it cannot be increased. Ms. Vaske added that the total levy includes dollars for the general operating budget as well as for general bonded debt, and that the proposed tax capacity rate represents a 2% decrease. She stated that the levy will be further reviewed by Council and Staff between September 15th and November 21st for any necessary changes. Staff recommended adoption of the 1997 tax levy, collectable in 1998. Council Member Kuether moved to adopt Resolution No. 97 - 117, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 117 can be found at the end of these minutes. Consideration of Setting Date for Truth in Taxation Hearing and Date for Continuation of Hearing - Ms. Vaske explained that all government entities are required to hold Truth in Taxation hearings to receive public input on the proposed levy and general operating budget. Counties and school districts have first choice of dates, and cities may not hold their hearings on the same dates. Ms. Vaske stated that the only date that fits the schedule is December 4, 1997, and that the reconvening or continuation meeting, if necessary, would be December 11, 1997. Both meetings would begin at 6:00 P.M. Ms. Vaske indicated that this will allow for final adoption of the 1998 tax levy and general operating budget at the final Council meeting on December 15, 1997, and that Staff recommended approval of the proposed dates. 2 • • COUNCIL MINUTES SEPTEMBER 8, 1997 Council Member Neal moved that the Truth in Taxation Hearing be set for December 4, 1997 with the reconvening date, if necessary, being December 11, 1997. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of SECOND READING, Ordinance No. 25 - 97, Amending City Code, Chapter 207, Defining Part -Time Employees, and Outlining Long -Term Disability and Pro -Rated Health Care - Ms. Vaske explained that the FIRST READING of this ordinance was approved at the August 25, 1997 Council meeting with no open questions or issues. She added that the City now employs five permanent part-time employees who are not provided with health care benefits. The proposed ordinance would provide these benefits on a prorated basis, depending upon the number of hours worked (not going below 20 hours). Ms. Vaske suggested that the severance package should also be adjusted to accommodate all employees equally. She explained that currently the City pays for short-term disability, which provides $100 per week for 26 weeks to qualifying employees. The proposed ordinance would eliminate the City's contribution for short-term disability and pay for long-term disability instead. The long-term disability benefit would provide 60% of the qualifying employee's wages with a 90 -day waiting period. Short-term disability would be offered at the employee's expense, should that option through AFLAC be chosen. Ms. Vaske added that the coverage would remain in effect until such time as the City terminated the contract, and that premiums would be guaranteed for two years. Staff recommended approval of Ordinance No. 25 - 97, which would amend City Code Sections 207.27, 207.29, and 207.36. Council Member Neal asked if employees seem satisfied with this proposal. Ms. Vaske responded that she had heard no negative reactions to the proposal. Council Member Kuether moved to approve Ordinance No. 25 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 25 - 97 can be found at the end of these minutes. POLICE DEPARTMENT REPORT, BILL HAMMAS Consideration of a COPSMORE Grant - Officer Hammas spoke on behalf of Chief Pecchia, explaining that the Office of Community Oriented Policing Services adopted a new program entitled "COPS MORE 96 AWARD", which allows for police departments to purchase new equipment/technology. The Lino Lakes Police Department has been selected to receive grant funds in the amount of $63,390 for the purchase of lap top computers to replace the MDTs currently being used in police squads. Officer Hammas requested that Council accept this grant on behalf of the City of Lino Lakes and the Lino Lakes Police Department, and agree to $15,848 in matching funds/local share included in the proposed budget. Council Member Lyden moved to approve the COPSMORE Grant. Council Member Neal seconded the motion. Motion carried unanimously. COUNCIL MINUTES SEPTEMBER 8, 1997 Consideration of a Vehicle Theft Overtime Grant - Officer Hammas requested Council's acceptance of the Multi -Agency Agreement for a vehicle theft overtime grant, which would provide funds for investigative inspection details and officers' overtime compensation. Lino Lakes' inclusion in this Agreement, which was discussed at a previous Council work session, is requested by the law enforcement agencies of Anoka County. Officer Hammas added that the Anoka County Sheriff's Office submitted a grant request which was approved for funding in the amount of $115,528. Council Member Kuether moved to approve the Vehicle Theft Overtime Grant. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 22 - 97, Rezone, Bruce Hanson, Aqua Lane - Ms. Wyland explained that the City Council approved the FIRST READING of this ordinance at its August 25, 1997 meeting. She added that the Ordinance rezones property on Aqua Lane from General Business to R -1X Single Family Executive with a Planned Development Overlay (PDO) to allow for construction of single-family homes with seaplane hangers. Ms. Wyland stated that Staff recommended approval of this SECOND READING of Ordinance No. 22 - 97. Council Member Bergeson asked if the Planning and Zoning Board recommended approval of this ordinance. Ms. Wyland indicated that they did. Council Member Lyden expressed his concern that proper screening be implemented along Lake Drive. Ms. Wyland explained that the requested rezoning is for the property behind the parcels that front Lake Drive, but that consideration could be given to such a request in the future. Council Member Kuether moved to approve Ordinance No. 22 - 97, as presented. Council Member Neal seconded the motion. Motion carried with Mayor Landers voting no. Ordinance No. 22 - 97 can be found at the end of these minutes. Conditional Use Permit, Ashland Oil, 7611 and 7621 Lake Drive, Motor Fuel Station/Car Wash, Kathy Hansmann - Mr. Ahrens recapped previous discussion of this conditional use permit application, explaining that the item was tabled at the August 25, 1997 Council meeting to allow for additional consideration to access issues. The main concern of Staff with respect to this proposal is safety along Lake Drive. Any entrance/exit along Lake Drive at that site would create considerable traffic problems for the area. Mr. Ahrens added that the District 1 and 2 Land Use Plans, approved by Council, include reference to Lake Drive, as follows: "1) Lake Drive is classified as a minor arterial roadway and must support through traffic movements and limit direct access locations; and, 2) there already exists a large number of lots with direct access to Lake Drive and future plans for the City must include combining or eliminating individual accesses and directing traffic to controlled intersections along Lake Drive." Thus, in order to preserve the integrity of the Land Use Plans, Staff recommended no Lake Drive access be granted to the proposed site. 4 • COUNCIL MINUTES SEPTEMBER 8, 1997 Council Member Neal asked about projected revenue from the proposed project. Mr. Ahrens indicated he had not conducted a study of projected revenue. Mr. Wessel added that additional investigation would be necessary to determine projected revenue, and that such investigation could not take place without knowledge of traffic access to the site. He added that the issue at hand is to decide on approval of the conditional use permit with the understanding that the access issue will be resolved. Council Member Lyden expressed concern over Council possibly negotiating safety by going forward with this project, and that he hoped continued efforts would result in determining an appropriate location for Ms. Hansmann's proposed facility. Council Member Kuether asked if there would be a stop light at the corner of Lake and Apollo Drives. Mr. Ahrens indicated that he fully expected to see one there in the future. Mayor Landers polled Council as to how each member would vote on the conditional use permit. The results of the poll are as follows: Council Member Bergeson, no; Council Member Lyden, no; Mayor Landers, no; Council Member Kuether, no; and Council Member Neal, yes. Ms. Hansmann addressed Council, asking for a definitive answer with respect to access to the proposed building site. She stated that she cannot go forward with the project, either at the proposed location or at another location, until this issue is resolved allowing her to conduct a marketing study based on allowable access. Mayor Landers requested a response to Ms. Hansmann's request from Mr. Ahrens, who quoted from the County of Anoka's correspondence to him dated August 25, 1997, which states in pertinent part: "It is recommended that no direct access to CSAH 23 (Lake Dr.) be made from this site. Instead one access onto CSAH 153 (Lilac St.) be made at a location where it will continue to be utilized following the disconnection of Lilac St. from Lake Drive. Upon completion of the Apollo Drive extension on the north side of the property a second access point could be added onto Apollo Drive. This access is to be constructed as far west as possible to provide as much separation from CSAH 23 (Lake Dr.) as possible." Ms. Hansmann expressed concern that the closing of Lilac would eliminate a second access to the site. Mr. Wessel reminded Council and Ms. Hansmann that Ms. Wyland's request is for approval of the conditional use permit based upon the condition that the access issue be resolved. Mayor Landers stated that Council has no reservations with respect to the proposed project other than the issues brought forth by the City Engineer. II/ Council Member Bergeson stated that the City Council is not qualified to make a decision regarding street design. Mr. Ahrens explained that to provide access off of Lilac and eliminate COUNCIL MINUTES SEPTEMBER 8, 1997 the intersection of Lilac and Lake Drive, some sort of turnaround would have to be created. He added that there are alternatives to use of Lilac Street. Mayor Landers again polled Council, based upon the question of approval with the understanding that two permanent accesses to the proposed site would be provided (Apollo Drive and Lilac Street), with the following results: Council Member Bergeson, yes; Council Member Lyden, no; Mayor Landers, yes; Council Member Kuether, yes; Council Member Neal, yes. Council Member Bergeson moved to approve the conditional use permit in accordance with the conditions previously presented and with access off of appropriate roadways other than Lake Drive. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden voting no. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Comprehensive Plan Neighborhood Meeting, Thursday, September 11, 1997 - Mr. Wessel again reminded Council that the second Comprehensive Plan Neighborhood meeting will take place on September 11, 1997 at 6:00 P.M. at City Hall. A summary of the district meetings will be presented where data will be evaluated for the purpose of future limited, strong, and moderate growth scenarios. The feedback from these meetings will then be compiled for presentation at a work session scheduled for October 16, 1997 at 6:00 P.M., where the Planning and Zoning and Community Development groups will ask the Comprehensive Planning Task Force to assemble a recommendation to the City Council with respect to growth direction. SECOND READING, Ordinance No. 23 - 97, Offering Sale of Property to Rice Industries, Inc. - Mr. Wessel explained that this SECOND READING is required for the sale of property in the City -owned portion of the Apollo Business Park to Rice Industries. The company plans to purchase the last parcel of 1.90 acres for the construction of approximately 10,000 square feet of office/distribution space with eventual expansion to 20,000 square feet. Mr. Wessel indicated that this transaction, which will take place by the end of this year, completes the sale of City - owned land in the Apollo Business Park, and that Rice Industries intends to begin construction in March of 1998. Staff recommended approval of Ordinance No. 23 - 97. Council Member Kuether moved to approve Ordinance No. 23 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether asked if efforts would be ongoing to sell the balance of the Apollo Business Park property. Mr. Wessel indicated that all of the City -owned property has now been sold and that the privately -owned property is currently being marketed. Ordinance No. 23 - 97 can be found at the end of these minutes. SECOND READING, Ordinance No. 24 - 97, Offering Sale of Property in the Village to Lino Lakes Banc Shares, Inc. - Mr. Wessel stated that this SECOND READING is required for the sale of City -owned property in The Village to Lino Lakes Banc Shares, Inc. The hank plans 6 • • COUNCIL MINUTES SEPTEMBER 8, 1997 to purchase the one -acre parcel known as Lot 2, Block 1, The Village No. 1. Mr. Wessel added that the Ordinance will be published in the Quad Community Press newspaper and will take effect 30 days after publication. Staff recommended approval of Ordinance No. 24 - 97. Council Member Bergeson moved to approve Ordinance No. 24 - 97, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Ordinance No. 24 - 97 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 118, Approve Plans and Specifications and Order Advertisement for Bids, Public Works Storage Building - Mr. Ahrens explained that on August 11, 1997, Council approved the construction of a 4,800 -square -foot storage building at the City Hall property. The building will be used for storage of City vehicles and equipment. The plans and specifications are complete and Staff is requesting Council approval so that bids can be solicited. Mr. Ahrens added that, assuming Council approval of the plans and specifications, bids will be opened on Thursday, October 2, 1997, with Council awarding a contract on October 13, 1997. Construction should be complete this year for winter use. Council Member Lyden moved to adopt Resolution No. 97 - 118, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 118 can be found at the end of these minutes. Consideration of FIRST READING, Ordinance No. 26 - 97, Amending Section 401.18, Subdivision 7, Municipal Water System , Connection Applications - Mr. Ahrens stated that Ordinance No. 26 - 97 adds Subdivision 7 to the Lino Lakes City Code requiring new homes to install an automatic meter -reading device (AMR). The Code specifies the location and method of installation of the meter and the meter interface unit. The AMR device will allow the City to read meters via a telephone call within the home to a computer at City Hall. By implementing this system the City will save on future need to increase meter reading personnel and/or length of time to read meters. Mr. Ahrens added that this Ordinance covers new construction and existing water utility accounts will remain on the current method of meter reading. However, Staff will likely request Council to change certain neighborhoods over to the new meter reading system some time in the future. These neighborhoods include new developments such as Clearwater Creek, Trappers Crossing, and Pheasant Hills. Staff recommended that the FIRST READING of Ordinance No. 26 - 97 be approved. Council Member Bergeson moved to approve Ordinance No. 26 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. COUNCIL MINUTES SEPTEMBER 8, 1997 CITY ATTORNEY'S REPORT, BILL HAWKINS Consideration of Quit Claim Deed, Lot 4, Block 3, Lexington Park Lakeview (City Sold to ACCAP) - Mr. Hawkins explained that several months ago the City of Lino Lakes reached an agreement with the Anoka County Community Action Program to sell certain property located in the Lexington Park Lakeview Addition for placement of a house which would be moved onto the property and used as low-income housing. The purchase agreement was for $10,000. Upon conducting a standard title search, it was discovered that the property was conveyed to the City in 1965 as a result of tax forfeiture with a restriction common to such transactions providing that the property could be used for public purposes only. Since the property was not purchased by a public agency for public use, following the closing an agreement was reached to resolve this issue by making application for an unrestricted deed. Pursuant to this process, the County Commissioner and Assessor for the City in which the property lies will establish a value for the property. Mr. Hawkins recommended that the City reconvey the property back to the County, make application for conveyance back to the City with unrestricted title, and that an agreement be negotiated with the County for compensation based upon the value they place on the property. A dollar amount will be presented to Council at a future meeting. Council Member Kuether asked if construction was in progress. Mayor Landers indicated that certain preliminary steps to construction have been taken, but no earth has been moved to date. Council Member Kuether moved that Mr. Hawkins be directed to prepare the Quit Claim Deed, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF ACQUISITION OF PARK AND RECREATION EQUIPMENT, RANDY SCHUMACHER Mr. Schumacher stated that at the Council/Staff budget meeting the Parks and Recreation staff outlined the priority needs for capital equipment in Sunrise Park. After reviewing the funding alternatives, Staff recommended that surplus TIF District 1-2 funds be authorized to purchase the capitol expenditures requested for Sunrise Park, which include playground equipment, a hockey rink, and a replacement backstop. Mr. Schumacher added that Sunrise Park constitutes the top priority need within the park system. This project qualifies under state statute requirements. Council Member Lyden moved to approve acquisition of park and recreation equipment for Sunrise Park. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Minutes, August 11, 1997, Mayor Landers - Mayor Landers indicated that there is no problem with the current vote with respect to these minutes. Council Member Lyden moved to approve the August 11, 1997 Council Minutes, as read. Council Member Neal seconded the motion. Motion carried, Council Member Kuether absent at the time of voting. 8 • • • COUNCIL MINUTES SEPTEMBER 8, 1997 NEW BUSINESS REMINDER, Comprehensive Plan Neighborhood Meeting, Thursday, September 11, 1997. REMINDER, City Council Work Shop, Monday, September 29, 1997, 1:30 P.M. - 4:30 P.M. Council Member Lyden inquired as to the cost of this workshop, and voiced concern over this use of funds. Mayor Landers responded by emphasizing the importance of going forward with this workshop. Consideration of Setting Last Council Meeting of the Year, Randy Schumacher - Mr. Schumacher explained that historically the final Council meetings of the year have taken place on the second and fourth Mondays of December. Due to the Truth in Taxation scheduling requirements previously reported, it is recommended that the meeting which would regularly be held on December 22 be changed to December 15. Council Member Bergeson moved to set the last Council meetings of the year for December 8, 1997 and December 15, 1997. Council Member Kuether seconded the motion. Motion carried unanimously. Discussion of Discipline Relative to Mayor and Certain Council Members, Council Member Lyden - Mayor Landers requested that a copy of the Council Member Lyden's written presentation be provided to each Council member. Council Member Lyden moved for a ten-minute recess in order to prepare copies for distribution to Council. Council Member Neal seconded the motion. Motion carried unanimously. The meeting was reconvened at 7:50 P.M. Council Member Lyden gave a lengthy presentation of alleged events leading to proposed disciplinary action. Following his presentation, Council Member Lyden requested review of proposed reprimands. Mayor Landers responded to some of Council Member Lyden's allegations. Council Member Kuether requested additional time to review the material presented. ADJOURN Council member Kuether moved to adjourn the meeting at 8:25 P.M. Council Member Neal seconded the motion. Motion carried unanimously. COUNCIL MINUTES SEPTEMBER 8, 1997 Council Member Lyden asked that his issues be raised at the next Council work session. It was agreed that further issues could be raised at that time. These minutes were reviewed, corrected and approved at the September 22, 1997 Council meeting. Marilyn G Anderson, Clerk -Treasurer Jti+' L. Landers, Mayor Transcribed by: Judy Pope TimeSaver Off Site Secretarial, Inc. 10 • • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 22-97 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM GB, GENERAL BUSINESS TO R -1X, SINGLE FAMILY EXECUTIVE WITH A PDO, PLANNED DEVELOPMENT OVERLAY, ON THE SOUTH SIDE OF AQUA LANE The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by rezoning from GB, General Business to R -1X. Single Family Executive with a PDO, Planned Development Overlay, pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: (see attached survey document for legal description) II As above amended, said Zoning Ordinance shall stand as initially passed as previously amended. III 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 8th day of September, 1997. 2i ATTEST: Marilyn G. Anderson, Clerk/Treasurer o L. Landers, Mayor Ordinance No. 22-97 The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Neal, Landers. The following voted against same: Lyden. Whereupon said ordinance was declared duly passed and adopted. • • Councilmember Kuether and moved its adoption: introduced the following ordinance • • CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 23-97 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF A PARCEL OF LAND IN APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as: a portion of Outlot B containing 1.90 acres, Apollo Business Park, Anoka County, Minnesota, which is located east of Apollo Drive (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of 1.90 acres of the Property to Rice Industries, Inc. for $33,105/acre. 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. ATTEST: c L - Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor ORDINANCE NO. 23-0 cf _7 Page -2— The motion for adoption of the foregoing ordinance was duly seconded by councilmember Neal and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on August 25, , 1997 Second Reading Approved on September 8 , 1997 Published in the official newspaper on September 16 , 1997 • Councilmember Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 24-97 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF A PARCEL OF LAND IN THE VILLAGE The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as: Lot 2, Block 1, The Village No. 1, Anoka County, Minnesota, (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Property to Lino Lakes Banc Shares, Inc. for $217,800. 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. ATTEST: Marilyn G Anderson, Clerk -Treasurer 1; • ohn L. Landers, Mayor `f Ordinance No. 29-97 Page -2- The motion for adoption of the foregoing ordinance was duly seconded by councilmember Neal and upon a vote being taken thereon, the following voted in favor thereof Bergeson, Kuether, Neal, Landers. The following voted against same: Lyden. Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on August 25 , 1997 Second Reading Approved on September 8, , 1997 Published in the official newspaper on September 16 , 1997 t • • • Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES ORDINANCE NO. 25 - 97 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING PERMANENT PART TIME EMPLOYEES TO THE HEALTH CARE BENEFIT PACKAGE AND SEVERANCE AND DELETING CITY PAID SHORT TERM DISABILITY AND REPLACING IT WITH CITY PAID LONG TERM DISABILITY The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: The City Code of the City of Lino Lakes, Section 207.27 is amended as follows: The City shall provide a health care benefit package which shall consist of a combination of health insurance, long term disability and life insurance coverage. The benefits shall be provided through group insurance providers. Regular full-time and part-time employees are eligible for the Health Care Benefit Package commencing on the first day of the employee's appointment. Employees are responsible for participating in the cost of the Health Care Benefit Package pursuant to the City's annual review of participation levels. II. The City Code of the City of Lino Lakes, Section 207.29 is eliminated. 111. The City Code of the City of Lino Lakes, Section 207.36 is amended as follows: Regular full-time and part-time employees who have completed a minimum of ten (10) years of service and who terminate employment in good standing, shall receive severance pay in an amount to be calculated at the employee's base pay rate upon leaving in accordance with the following schedule: Years of Service Accrued, Unused Sick Leave After 10 Years After 15 Years After 20 Years 25.0% 33 3% 50.0% ORDINANCE NO. 25-97 Page -2- The maximum amount of severance pay provided shall be limited to a calculation based on a maximum of four hundred and eighty (480) hours. See also vacation. IV. This ordinance shall be effective October 1, 1997. Passed by the City Council of Lino Lakes this 8th day of September Marilyn G. Anderson - Clerk Treasurer , 1997. Landers - Mayor s The motion of the adoption of the foregoing ordinance was duly seconded by Council Member Ne, and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyc Neal, Landers. The following voted against same: None. Whereupon said ordinance was declared duly passed and adopted. • • • • Council member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-116 RESOLUTION ADOPTING THE PROPOSED 1998 GENERAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out proposed General Fund revenues and expenditures for the upcoming fiscal year. NOW THEREFORE BE IT RESOLVED: That the following Preliminary General Fund operating budget be adopted for 1998: 1998 PRELIMINARY GENERAL FUND BUDGET REVENUES: Property Taxes $2,895,850 Intergovernmental Revenue 796,100 Business Licenses and Permits 22,970 Non -Business Licenses and Permits 464,350 Charges for Services 22,900 Refunds and Reimbursements 68,000 Franchise Fees 55,590 Public Safety 60,950 Municipal Fines 100,000 Interest on Investments 65,000 Engineering/Planning Fees 90,000 Administrative Fees 143,000 Miscellaneous 32,000 Reserves 158,650 TOTAL PROPOSED GENERAL FUND REVENUES $4,975,360 EXPENDITURES: Mayor and Council 69,630 Elections 20,990 Administration 391,450 Cable TV 2,530 Finance 236,410 Legal Consultants 150,000 Community Development 275,210 Engineering 159,680 Planning and Zoning Board 10,000 Government Buildings 187,290 Charter Commission 6,710 Police 1,407,000 Fire 271,850 Building Inspections 157,110 Streets 536,660 Solid Waste Abatement 62,100 RESOLUTION NO. 97 - 116 Page 2 Expenditures Continued Fleet Management Parks Recreation Park Board Environmental Committee Forestry Salary Reserve TOTAL PROPOSED GENERAL FUND EXPENDITURES Adopted by the Lino Lakes City Council this 8th day of Septem Marilyn G. Anderson, Clerk -Treasurer r, 1997. Gu Landers, Mayor 193,690 474,770 127,880 9,620 69,860 79,920 75,000 $4,975,360 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: • • • Council member Kue ther introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-117 RESOLUTION CERTIFYING THE PROPOSED 1997 TAX LEVY, COLLECTABLE IN 1998. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1998, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of Indebtedness obligations, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project Revenue Bonds, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the City Facilities Revenue Bonds, and WHEREAS, the City of Lino Lakes is restricted by levy limitations imposed by the State of Minnesota. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a proposed basis the following upon taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the year 1997 to be spread for taxes due and payable in the year 1998 (without HACA) is $3,258,116. 2. The total amount above levied (without HACA) is for the following purposes: GENERAL OPERATING $2,544,330 General Bonded Debt Public Project Revenue Bonds Public Facilities Bond Equipment Certificates of 1996 Equipment Certificates of 1997 111,448 221,335 147,808 233,195 Total General Obligation Bonded Debt $ 713,786 TOTAL LEVIES $3,258,116 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and special levies for Equipment Certificates, Public Project Revenue Bonds, and Public Facilities Bond as reviewed by the City Council represents the basis for this levy. Individual department budgets are subject to preliminary approval by the City Council and shall be authorized by separate action. Adopted by the Lino Lakes City Council this 8th day of September, 1997 RESOLUTION NO. 97 - 117 Page 2 anders, Mayo Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: • 4110 Council Member Kuether introduced the following resolutions and moved its adoption: • • CITY OF LINO LAKE RESOLUTION NO. 97-120 Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment, Pheasant Hills, 7th Addition WHEREAS, a contract has been let for the improvement of Pheasant Hills, 7th Addition, by constructing street, curb and gutter, storm sewer, watermain, and sanitary sewer and the contract (bid) price for such improvement is $225,362.50, and the expenses incurred or to be incurred in the making of such improvement amount to $13,081.00, so that the total cost of the improvement will be $238,443.50. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $0.00 and the portion of the cost be assessed against benefited property owners is declared to be $356,447.25. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The clerk shall upon the completion of such propose assessment , notify the council thereof. Adopted by the council this 8th day of September, 1997. n Landers, Mayor Lil Ma 'lyn Anderson, Clerk/Treasurer • RESOLUTION NO. 97 - 120 Page -2- 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, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said solution was declared 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 September 8, 1997. Marilyn Anderson, Clerk -Treasurer Council Member Lyden its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 -118 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS, PUBLIC WORKS STORAGE BUILDING WHEREAS, the City Council of Lino Lakes approved a building plan on August 11, 1997, to construct a storage building at the Lino Lakes City Hall property, and WHEREAS, OSM, Inc., has prepared plans and specifications for the improvement and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Thursday, October 2, 1997, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, October 13, 1997, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 8th day of September, 1997. ��, {,✓ yk', �jL� ✓;fit L Marilyn G. Anderson, Clerk -Treasurer • n L. Landers, Mayor RESOLUTION NO. 97 - 118 Page -2- 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, Kuether, Lyden, Neal, Landers. The following voted against same: none. 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 September 8, 1997. Marilyn G. Anderson, Clerk -Treasurer •