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HomeMy WebLinkAbout03/10/1997 Council Minutess COUNCIL MINUTES MARCH 10, 1997 CITY OF LINO LAKES MINUTES DATE : March 10, 1997 TIME STARTED : 6:30 P.M. TIME ENDED : 7:28 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; Assistant to the City Administrator, Dan Tesch; Community Development Director, Brian Wessel; City Attorney, Bill Hawkins; Finance Director, Mary Vaske; Chief of Police, David Pecchia and Clerk -Treasurer, Marilyn Anderson. Council Member Neal added two items for discussion, retirement plan for all employees, and benefits for Paula Schloer and new employees working 20 hours a week. Mr. Schumacher requested this be discussed as part of Agenda Item 4, Consideration of Reorganization of the Finance Department. Council Member Bergeson noted the need to complete the appointment process and suggested another meeting be scheduled. Mr. Hawkins suggested it be considered as the last agenda item. The agenda was approved as revised adding New Business, Item 10 D, Complete Appointment Process. CONSENT AGENDA Council Member Kuether inquired regarding claims for a 2 -way mailer. Mr. Schumacher explained this is the cost for the computerized form used for the water billing. Council Member Kuether inquired regarding a $2,000 mail deposit. Ms. Vaske advised this is the cost to put postage in the meter machine. Council Member Kuether moved to approve the consent agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM MINUTES, February 10, 1997 Resolution No. 97 - 27 Approving Payment 9 (final) for Pumphouse No. 4 PAGE 1 ACTION Approved Approved COUNCIL MINUTES MARCH 10, 1997 • Bingo for Lino Lakes Elementary Parent Teachers Organization, March 21, 1997 and November 21, 1997 Approved • • DISBURSEMENTS: February 28, 1997, ($1,708.17) Approved March 10, 1997, (Ck. #47045 - Ck. #47149, $203,011.91) Approved Centennial Fire District, March 6, 1997 Approved OPEN MIKE No one appeared under open mike. CONSIDERATION OF RESOLUTION NO. 97 - 24, ACCEPTING DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION FOR THE RICE LAKE ELEMENTARY SCHOOL SAFETY PATROL EVENT, CHIEF PECCHIA Mr. Schumacher explained that the Fire Relief Association has donated $864.00 to the Lino Lakes Police Department to be used for the Rice Lake Elementary School Safety Patrol Program. The money will be used for a patrol recognition day where elementary patrol members will be taken to a roller skating rink for an afternoon of roller skating in recognition of their help with the safety patrol program. In accordance with City policy, the Council must adopt a resolution accepting the donation. Council Member Bergeson moved to adopt Resolution No. 97 - 24. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 24 can be found at the end of these minutes. CONSIDERATION OF A REORGANIZATION OF THE FINANCE DEPARTMENT, MARY VASKE Ms. Vaske explained the Finance Department currently consists of a Finance Director, an Accountant III, and an Accounts Payable/Utility Billing Clerk. Staff proposes to allow the Accountant III to change her status to part-time (20 hours per week) retaining her current hourly wage. Another part-time person would be hired to fill the void. Ms. Vaske stated she would like to reorganize the department with duties distributed as'indicated in staffs report. She explained formal job descriptions are not available and staff is currently drafting them. Ms. Vaske advised if this reorganization proceeds, the City will realize a salary and benefit savings of $13,000 next year. PAGE 2 COUNCIL MINUTES MARCH 10, 1997 Council Member Kuether asked if the current employee realizes she will lose part of her benefits if she goes to part-time. Ms. Vaske said she does and reviewed the anticipated time schedule to hire the other part-time position, if approved. Council Member Bergeson moved to approve the part-time status of the Accountant III position and the hiring of a new position with the reorganization. Council Member Lyden seconded the motion. Council Member Neal indicated support to provide full benefits to these employees even if they are of part-time status. Mr. Schumacher advised the City's benefit policy clearly identifies what full-time and part-time employees receive and it would be difficult to "customize" benefits for a particular employee(s). He noted there are currently other part-time employees where this could also be an issue. Mr. Schumacher noted these positions have been created under the City's current policy. Council Member Neal inquired regarding the actual policy for part-time employees. Mr. Schumacher stated these benefits have been discussed with the affected employees and are agreeable. Mr. Tesch reviewed the part-time benefits which include prorated vacation, sick leave, and holiday accumulation, and the City must follow the insurance carrier's rules regarding hours worked. It was noted part-time employees do not have health insurance coverage. Council Member Lyden stated it appears all parties who are affected understand these issues and are comfortable. Mr. Tesch noted staff has almost completed the employee policy update and this issue can be further addressed when it is presented to the Council. Motion carried with Council Member Neal voting against. CONSIDERATION OF RESOLUTION NO. 97 - 29, REPLACING THE CURRENT HARASSMENT POLICY WITH AN EXPANDED HARASSMENT. POLICY, DAN TESCH Mr. Tesch explained the current harassment policy which the City operates under contains the five areas that a policy of this nature should address: definitions, prohibitions, reporting, investigating, and prohibition from retaliation. The proposed policy also contains those five areas but adds more definition, adds a Human Rights Officer and two alternate Human Rights Officers, and states that a complaint need not be in written form to be investigated. Mr. Tesch explained if this policy is approved, it will be incorporated into the personnel policy along with a number of other policies that the City currently practices. It was noted the City provides annual harassment training for all employees. This training will take place this summer and is mandatory for all employees. A video tape of the training is watched by all new employees and the policy is disseminated at new employee orientation. PAGE 3 COUNCIL MINUTES MARCH 10, 1997 Mr. Tesch explained the wording has been reviewed and approved by the City Attorney. Council Member Lyden reviewed language indicating the report of an offense is submitted to the Mayor and inquired if the report should be submitted to the entire Council. Council Member Bergeson asked if the attorney who drafted this document was aware of Lino Lakes' form of government and authority of the Mayor. Mr. Hawkins asked if the Council wants every single complaint to come before the City Council or if it should be handled by the administrative staff. Council Member Kuether suggested an "and/or" situation so that option remains open. Mr. Hawkins noted the policy indicates the Human Resource Officer would make an investigation and submit the report to the Mayor and then the Council would take action. Council Member Kuether stated she supports the report being submitted to the full Council, which includes the Mayor. Consensus was reached to change the wording to delete "Mayor" and insert "Mayor and entire Council." Council Member Bergeson suggested consideration of approval be contingent upon approval of 411 the drafting attorney. Council agreed. Council Member Bergeson asked who selects the Human Rights Officer. Mr. Tesch explained the Council will make this determination and suggested it be further discussed at the next work session. Council Member Bergeson indicated support to consider approval subject to revisions and approval by the drafting attorney. Mr. Tesch explained another opportunity remains in several weeks to make revisions. In response to Council Member Kuether, Mr. Tesch advised this policy will be reviewed annually and updated, if needed. Council Member Kuether moved to adopt Resolution No. 97 - 29, revising Page 12, Paragraph E, as indicated and subject to approval of revision by the drafting attorney. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 29 can be found at the end of these, minutes. CONSIDERATION OF RESOLUTION NO. 97 -30, SUPPORTING THE PARKS AND RECREATION BOARD'S WISH TO PURSUE A REFERENDUM FOR FINANCING • PARKS AND RECREATION AND APPROVING THE PARKS AND RECREATION BOARD'S GOALS FOR 1997, MARTY ASLESON PAGE 4 COUNCIL MINUTES MARCH 10, 1997 Mr. Schumacher explained as part of the goals for 1997, the Park and Recreation Board wishes to pursue a Bond Referendum as a response to the recent survey sent out to residents, and the 20/20 Vision Statements concerning parks and trail needs. He noted the Council did review these goals as part of the last work session. Mr. Schumacher reviewed the proposed cost of improvements and amount remaining in the dedicated park fund. He noted this request proposes the Council supports the investigation of a referendum but does not endorse a specific dollar amount or time schedule. Council Member Bergeson noted the discussion at the work session related to support of the concept for a referendum and he believes the requested support will allow staff to further research this option. Council Member Lyden moved to adopt Resolution No. 97 - 30. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97- 30 can be found at the end of these minutes. ENGINEERING DEPARTMENT REPORT, DAVE AHRENS Consideration of Resolution No. 97 - 25, Accept Bids and Award Construction Contract for the I-35W/Highway 49 Interchange Commercial Development Trunk Utilities - Mr. Schumacher reported sealed bids were received and opened on Tuesday, February 18, 1997, for the I-35W/Highway 49 Interchange Commercial Development Area Trunk Utility Improvements. Mr. Wessel noted the bids are under the engineer's estimate but planning and economic development issues need to be resolved prior to awarding bids. Therefore, staff recommends a postponement until March 24, 1997. Council Member Kuether moved to table consideration of Resolution No. 97 - 25 until March 24, 1997. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of an Antenna Lease Agreement for Water Tower No. 2, Sprint Communications - Mr. Schumacher advised Sprint Communications has submitted an Antenna Lease Agreement for the installation of antenna facilities on the City's new water storage tank located on the east side of the City. The proposed agreement between Sprint and the City is the same agreement that was recently approved for an antenna installation on the existing water storage tank near the correctional facility. Mr. Schumacher explained Sprint is proposing to lease space for the installation of up to three sectors of' four panel antennas at $12,000 per year. This amount will increase by the greater of 5% or the Consumer Price Index for the next twenty years. Mr. Schumacher noted the Council discussed, at the work session, the storage cabinets which are proposed to be installed inside the tower base. PAGE 5 COUNCIL MINUTES MARCH 10, 1997 • Mr. Hawkins noted the proposed amendment to assure the construction does not void the City's warranty on the water tank. Paul Harrington, Sprint PCS, explained a contingency was placed with approval of the first lease regarding the need to submit plans to Pit Des Moines (PDM), the water tank manufacturer, so they could respond to that issue. He advised Sprint submitted plans for review by PDM, however, they have not yet submitted a response. Mr. Harrington stated they will provide that guarantee to the City until the letter is received from PDM and he concurs with the addendum as proposed by Mr. Ahrens. • • Council Member Neal asked if the antenna was hit by lightening would there be damage to the water tower. Mr. Harrington advised they will install a grounding system to avoid that type of situation. Mr. Schumacher reviewed the proposed condition which addresses this issue. Mr. Harrington stated if PDM indicates part of the City's warranty is void, they will cover that liability. It was noted that an interference study by the City's consulting engineer will need to be completed to insure there is no interference with the City's SCADA system. The Lease Agreement prioritizes users on the storage tank such that the City and public safety agencies are a higher priority and allows higher priority users to use the water tower in the future if interference is predicted or not. Council Member Neal moved to approve the Antenna Lease Agreement and Addendum with Sprint Communications and to authorize and direct the Mayor and City Clerk to sign said Agreement subject to: a) Proper insurance documentation; b) Water tank manufacturer and City Engineer approval of the installation techniques; c) Satisfactory completion of an interference study indicating no interference with the City's SCADA system; d) Documentation of meeting all applicable review agency's approval; and e) Reimburse the City for all review costs. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 28, Confirming Sewer and Water Utility Rates for Willow Ponds - Mr. Schumacher said that the Council discussed with staff the possibility of establishing reduced rates for the Willow Ponds senior.housing development project. He stated the proposed resolution confirms Council's desire to use the same sewer and water rates established for the City on January 13, 1997, on the Willow Ponds development. Mr. Schumacher reviewed the Council's discussion and concern that the seniors will not benefit by any reduction since it is not guaranteed. He recommended adoption of Resolution No. 97 - 28 confirming the rates set on January 13, 1997 to be used for the Willow Ponds development. PAGE 6 COUNCIL MINUTES MARCH 10, 1997 Council Member Bergeson explained the rates that were established on January 13, 1997 did provide rate relief to seniors as well as others in the community. Council Member Lyden moved to adopt Resolution No. 97 - 28. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining from the vote. Resolution No. 97- 28 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 04 - 97, Offering Sale of Properties in the Apollo Business Park - Mr. Wessel explained the second reading is required for the sale of two properties in the city -owned portion of the Apollo Business Park to Fogerty Investments who plans to purchase one 5.5 -acre property and one 1.63 -acre property for a total of 7.13 acres. Mr. Wessel explained that Mr. Fogerty plans to phase the construction of 82,000 square feet of leasable office/manufacturing space on the two parcels. The price of the land is $39,000 per acre for a total of $278,070. Mr. Wessel explained this sale completes the sale of City -owned land in the Apollo Business Park. On March 12, 1997, the Planning and Zoning Board will consider the development of this property and will forward to the City Council for their consideration on March 24, 1997. Staff recommends the Council approve the SECOND READING of Ordinance No. 04 - 97 offering the sale by the City of Lino Lakes of two parcels of land in Apollo Business Park. Council Member Bergeson commented on the need to complete unfinished issues at the first Fogerty site. Mr. Wessel concurred and explained that project was completed too late in the season to finish site improvements, however, an escrow was retained to assure those items will be completed. Mr. Wessel stated he will reinforce this concern with Mr. Fogerty. Council Member Lyden extended his appreciation to Mr. Wessel for his excellent help in completing this business park. The full Council concurred. Council Member Bergeson moved to adopt Ordinance No. 04 - 97. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 04 - 97 can be found at the end of these minutes. OLD BUSINESS There was no old business. NEW BUSINESS REMINDER, Comprehensive Plan Forum, Thursday, March 13, 1997, 6:00 P.M. REMINDER, Economic Development Authority Meeting, Monday, March 24, 1997, 6:00 P.M. el PAGE 7 • COUNCIL MINUTES MARCH 10,1997 REMINDER, Board of Review Set for Monday, April 21, 1997, 6:30 P.M. Boy Scout Troop #63 - Mayor Landers welcomed the Boy Scouts who were in attendance. Ryan Crowley, Jeremy Bartunek, and Chris Ballard introduced themselves and stated they are from Troop #63 of North Oaks and are in attendance to complete the Citizenship in the Community Merit Badge. Retirement Plan - Council Member Neal suggested the City Administrator be instructed to find a retirement program for employees who desire to retire early. He noted other companies and cities are doing this and he believes it should be researched. Ms. Anderson explained City staff does participate in the Public Employee Retirement Association (PERA) plan. However, the City does not have a retirement plan in place. Council Member Neal requested the City Administrator be asked to research this option. Complete Appointment Process - A secret ballot was conducted to fill two vacancies on the Parks and Recreation Board and one vacancy on the Planning & Zoning Board. The secret ballots were counted by Mr. Hawkins who declared the tally. Council Member Kuether moved to appoint Pam Taschuk and Kim Sullivan to the Parks and Recreation Board. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to reappoint Jamie Schaps to the Planning & Zoning Board. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Landers asked Ms. Anderson to notify appointees. ADJOURN Council Member Neal moved to adjourn at 7:28 P.M. Council Member Bergeson seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, March 24, 1997. Mdrilyn G. Anderson, Clerk -Treasurer Mayo Transcribed by: Carla Wirth TimeSaver Off Site Secretarial PAGE 8 Councilmember Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 04-97 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES TWO PARCELS OF LAND IN APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real properties described as: a) a portion of Outlot A containing ± 5.5 acres, Apollo Business Park, Anoka County, Minnesota, which is approximately 330 feet west of the East line of Outlot A and approximately 150 feet east of the West line of Outlot A; and b) a portion of outlot B containing ± 1.6 acres, Apollo Business Park, Anoka County, Minnesota, which is located east of Apollo Drive (the "Properties") are owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Properties are no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Properties to Fogerty Investments for $39,000/acre for a total of $278,070. 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 Properties. 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: John L. Landers, Mayor • Marilyn G. Anderson, Clerk -Treasurer • • The motion for adoption of the foregoing ordinance was duly seconded by councilmember Lyden 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 February 24, , 1997 Second Reading Approved on March 10, , 1997 Published in the official newspaper on March 18, , 1997 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 24 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION FOR THE RICE LAKE ELEMENTARY SCHOOL SAFETY PATROL EVENT WHEREAS, a roller skating party will be given to the school patrols on March 14, 1997 in appreciation of their efforts; and WHEREAS, the Centennial Fire Relief Association has made a donation of $864.00 to defer the cost; and WHEREAS, the monies will be appropriated to the General Fund in the following manner; Increase Revenue - Contributions Increase Expenditures Roller skating party $864.00 $864.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $864.00 for the cost of roller skating event and wishes to express its gratitude to the Centennial Fire Relief Association for its donation. Adopted by the Lino Lakes City Council t is 10th day of March, 1997. Jo L. Landers, Mayor �J �r�iy;����hae7'l1 Marilyn 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 Whereupon said resolution was declared duly passed and adopted. • • Council Member Kuether moved its adoption: • • introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 97-27 RESOLUTION APPROVING PAYMENT 9 (final) FOR PUMPHOUSE NO. 4 WHEREAS, the construction of Pumphouse No. 4 has been completed by Mills Concrete Restoration, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment number 6 (final) is approved for a total contract amount of $10,454.10. Adopted by the City Council this 10th day of M, rch, 1997. Join L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden 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 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 March 10 , 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Lyden its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 - 28 RESOLUTION CONFIRMING THE UTILITY RATES FOR THE WILLOW PONDS DEVELOPMENT WHEREAS, Council established sewer and water utility rates for the City on January 13, 1997, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes confirms that the utility rates adopted by resolution on January 13, 1997, shall be used for the Willow Ponds development. Adopted by the Lino Lakes City Council this 10th day of March, 1997. Joh L. Landers, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: None, Council Member Neal Abstained. Whereupon said resolution was duly passed and adopted. • • • • • Member Kuether introduced the following resolution and moved its adoption. RESOLUTION 97-29 A RESOLUTION REPLACING THE CURRENT HARASSMENT POLICY WITH AN EXPANDED HARASSMENT POLICY. WHEREAS, the Minnesota Human Rights Act prohibits discrimination and harassment on the basis of race, religion, national origin, gender, disability, marital status, age, status with regard to public assistance and sexual orientation; and WHEREAS, the city council disapproves of any form of discrimination or harassment prohibited by the Minnesota Human Rights Act; and WHEREAS, the city council encourages employees and citizens to bring concerns and complaints regarding possible discrimination or harassment to the attention of the city in a prompt manner so that the city might take action to correct any problems which might exist; and WHEREAS, the city council has reviewed the proposed Policy Against Offensive Conduct, Harassment and Discrimination which sets forth specific procedures for individuals to follow in making complaints of harassment or discrimination on the part of the city or its employees or agents: NOW, THEREFORE BE IT RESOLVED by the Lino Lakes City Council as follows: 1. The city council hereby adopts the City of Lino Lakes Policy Against Offensive Conduct, Harassment and Discrimination. The city administrator is directed to post a copy of this policy in each city building. 2. The city council has reviewed and hereby approves the memorandum entitled "Harassment Policy and Respect to Coworkers" to all city employees. The city administrator is directed to serve a copy of the memorandum, along with a copy of the Policy against Offensive Conduct, Harassment and Discrimination, upon each city employee and ensure that each employee sign that he/she received a copy. 3. The city administrator shall implement procedures to ensure that a copy of the memorandum and policy shall be give each employee who is hired and ensure that each employee sign that he/she has received it. 4. Copies of the policy and reporting forms shall be made available for inspection and copying in the offices of city administrator and each city department head. The motion for the adoption of the foregoing resolution was duly seconded by Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against the same. None Whereupon said resolution was declared duly passed and adopted. /ten 1 Marilyn Anderson, City Clerk -Treasurer Landers, Mayor