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HomeMy WebLinkAbout04/14/1997 Council MinutesCOUNCIL MINUTES APRIL 14, 1997 CITY OF LINO LAKES MINUTES DATE : April 14, 1997 TIME STARTED : 6:31 P.M. TIME ENDED : 8:12 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Recycling Coordinator, Jackie Constant; Clerk - Treasurer, Marilyn Anderson; and Building Inspector, Pete Kluegel. Council Member Bergeson requested Item #5E, Consideration of Resolution No. 97 - 46, Reimbursement to Housing and Redevelopment Authority (HRA) Members for Meetings be moved and discussed at the same time as Item 9, Consideration of the FIRST Reading, Ordinance No. 07 - 97, Amending Section 203, City Council Compensation. Council Member Bergeson requested to add to New Business a report on the drainage ditch on Apollo Drive. The agenda was approved as revised. CONSENT AGENDA Council Member Neal moved to approve the consent agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES, March 24, 1997 Approved DISBURSEMENTS: March 31, 1997 ($41,593.26) Approved April 14, 1997 ($439,778.09 Ck. #47282 - 47415) Approved Centennial Fire District, April 3, 1997 Approved PAGE 1 COUNCIL MINUTES APRIL 14, 1997 Resolution No. 97 - 45, Amending the Employee Approved Personal Computer Purchase Plan OPEN MIKE Joel Tagg, 7504 Lake Drive, Lino Lakes appeared under open mike to discuss his property entry easement. He referred to the information he received at the last Council meeting regarding the proposed closing of his easement. Mr. Tagg referred to a letter he sent to each Council member. Mr. Tagg explained that back in the early 70's there was a trade for approximately 217,000 square feet, approximately five (5) acres, for an eighth of an acre, or 17,000 square feet, of easement into his 28 acres. Mr. Tagg referred to the value of this easement to him, not so much in terms of financial as the right to use his easement as it sits today. Mr. Tagg stated Roger Butler of Anoka County Highway Department has informed him the County has recommended his easement be closed upon completion of the commercial development of the Village Project. Mr. Butler also pointed out that Mr. Tagg is currently not a part of the City's project. Mr. Tagg was also informed the City refers to Mr. Tagg's driveway as a road; it is not a road, it is his driveway. He was told a driveway is harder to close off than a road and that is what the City is trying to do. Mr. Tagg stated he was also informed he could develop his property since he is a separate entity and the easement would have to remain as long as he was not connected to the City's project. Mr. Tagg stated Mr. Wessel's response to any concern or question raised regarding his property or Arctic Sandblasting, is "the City doesn't need you, stay as long as you like, and we'll build around you." Mr. Tagg pointed out he has over -length, over -height and over -width trucks coming into his business and asked if the City want them coming in the boulevard and coming across to his property. This would turn the road into a temporary access which at any time could be changed. Mr. Tagg said he does not believe this is right. RECYCLING DEPARTMENT, JACKIE CONSTANT FIRST READING, Ordinance No. 08 - 97, Repealing Section 507, and Replacing Section 507 with Ordinance No. 08 - 97, Solid Waste Organized Collection - Ms. Constant explained the Council passed a resolution at the February 24, 1997, Council Meeting instructing Staff to prepare an ordinance to establish organized collection. This resolution enabled the Solid Waste Advisory Committee and interested parties, including the licensed haulers to prepare an ordinance to establish an efficient collection system. Council Member Kuether asked if the ordinance was the actual contract between the hauler and the City or does ordinance this give permission to enter into a contact. Ms. Constant replied this is the organized collection ordinance, it does not address the contract. PAGE 2 • • COUNCIL MINUTES APRIL 14, 1997 Council Member Bergeson asked Ms. Constant to outline the hours section for the record. Ms. Constant stated the hours of operation changed from the existing ordinance from Monday through Friday, 6:00 a.m. to 6:00 p.m. These hours have been changed to Monday through Friday, 7:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. until 4:00 p.m. Council Member Lyden moved to adopt Ordinance No. 08 - 97. Council Member Kuether seconded the motion. Motion carried with Council Member Neal voting no. Ordinance No. 08 - 97 can be found at the end of these minutes. Consideration of Earth Day Proclamation - Ms. Constant informed the Council the Quad City's annual Earth Day clean-up and celebration activities are scheduled for Saturday, April 19, 1997. The activities will be held at Joseph E. Wargo Nature Center. The celebration activities include representatives from various organizations throughout the Quad City's. Part of the activities include the reading of the Proclamation for Earth Day. Mayor Landers read the proclamation. Ms. Constant asked the Council to approve the Earth Day Proclamation. Council Member Neal referred to calls he.has received inquiring if the medallion is in a County Park. Ms. Constant replied she does not know where it is but it is not in a City Park and also indicated the next clue will probably give away its' location. Council Member Kuether moved to approve the Earth Day Proclamation. Council Member Neal seconded the motion. Motion carried unanimously. The Earth Day Proclamation can be found at the end of these minutes. CONSIDERATION OF BUILDING OFFICIALS REPORT FOR THE FIRST QUARTER, 1997, PETE KLUEGEL Mr. Kluegel reviewed the first quarter building report which included a summary of building permits issued through the first quarter of 1997; summary of 1996 building activity; a breakdown of commercial, industrial and institutional permits; and, a 1997 lot inventory. Mr. Kluegel requested the Council approve the First Quarter Building Report. Council Member Kuether asked what the charges are for the septic inspections. Mr. Kluegel responded the compliance inspections run around $100. Mr. Wessel commented on how helpful this information is. He stated the next quarter, from a industrial and commercial perspective, is going to be a good one. Council Member Neal said he accompanied Mr. Kluegel on a call today and it was a pleasure to work with him and he was very appreciative of his work. PAGE 3 COUNCIL MINUTES APRIL 14, 1997 Mayor Landers asked if there have been any failing systems reported since the septic tank pumping program started. Mr. Kluegel stated there have been some tanks that have cracked and two septic failures to date. Council Member Kuether asked if a record is being kept of this. Mr. Kluegel responded yes. Mayor Landers asked if these cases are repairable or will City sewer and water be available to them. Mr. Kluegel responded in one situation City utilities will probably not be in the area for a quite awhile, but in the other case, utilities are very close to being placed there. Council Member Neal explained that there is financing available to replace failing for septic systems. Council Member Kuether commented on the number of building sites still available and what has been selling. She stated it appears residential lots are needed in the lower price range similar to Behms Century Farm. Mayor Landers asked what are the value of homes in the Behms Century Farm Development. Mr. Kluegel stated $120,000 to $125,000 is the average price. These homes have been very popular. Mr. Schumacher inquired since the Metropolitan Council requires the City to participant in the septic system pumping program, is there any outside help to inform the public of this program. Mr. Kluegel said there are programs available to educate the people. Council Member Kuether asked Mr. Schumacher if he referring to informing the people the decision was made by the Metropolitan Council, not the City Council. Mr. Schumacher replied yes, the people should know this was not a City Council program, but initiated by the Metropolitan Council. Council Member Kuether moved to approve the Building Officials Report for the First Quarter, 1997. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 05 - 97, Allowing Golf Driving Range as Interim Use in Shopping Center District - Ms. Wyland stated Ordinance No. 05 - 97 received FIRST READING approval on a four to one vote with Council Member Lyden voting no, at the March 24, 1997, meeting of the Council. She stated Staff recommends approval of the SECOND READING should the Council determine the proposed Interim Use Permit is acceptable. Council Member Neal moved to approve the adopt the SECOND READING of Ordinance No. 05 - 97. Council Member Bergeson seconded the motion. Motion carried with Lyden voting no. Ordinance No. 05 - 97 can be found at the end of these minutes. Consideration of an Interim Use Permit for Golf Driving Range, I-35W/County Road #23 (Lake Drive) - Ms. Wyland informed the Council this permit was reviewed at the March 24, 1997, Council meeting. This was tabled to allow architectural review of the structure. This review was accomplished at a meeting on Thursday, March 27, 1997, by the Town Center PAGE 4 • COUNCIL MINUTES APRIL 14, 1997 Design Review Committee. Using overheads, Ms. Wyland presented the changes recommended by the Review Committee in regards to the building. Ms. Wyland requested the Council approve the Interim Use Permit for the Golf Driving Range with the conditions outlined by the Town Center Design Review Committee. Mr. Wessel added, a suggestion was made that instead of a straight five (5) year interim use period, a three (3) year with a two (2) year extension and yearly options after that be proposed. Council Member Neal inquired if the building will be removable. Ms. Wyland stated yes. Council Member Neal asked if the building could then be used for another business such as a Dairy Queen. Ms. Wyland stated the building would be too small for this purpose, the building is only a little larger than a two -car garage. Council Member Kuether asked if specific time frames can be placed in the Interim Use Permit for the maximum number of days when the building would have to be removed after termination. Ms. Wyland stated 90 days. Mr. Wessel stated this could certainly be done. Council Member Neal moved to approve Interim Use Permit for Golf Driving Range with the conditions outlined by the Town Center Design Review Committee, replacing the straight five (5) year term with a three (3) year term and two (2) year extension, and adding the removal of the building within 90 days after termination. Council Member Bergeson seconded the motion. Motion carried with Lyden voting no. Reconsideration of ACCAP, House Move -In Purchase Lot from the City, FIRST READING, Ordinance No. 03 - 97 - Ms. Wyland informed the Council that David and Donna Vanneste are interested in donating a house, located on Hodgson Road in Shoreview, to the Anoka County Community Action Program (ACCAP) in the hope of providing an affordable home for a low or moderate income, first-time home buyer. ACCAP is willing to move this house onto Lot 4, Block 3, Lexington Park Lakeview and offer the City of Lino Lakes up to $10,000 for the lot. Ms. Wyland stated if the Council were to approve the ordinance, ACCAP would need a Site Plan Review to facilitate the move. Council Member Bergeson asked about the cost associated with transferring the land to the new owner since there were Council Members who did not want to let this land go for less than $10,000. He said the purchaser would need to pay for any associated cost with transferring the title. Mr. Hawkins stated these fees would not amount to a lot of money, probably no more than $50. Council Member Neal asked when the City would receive the $10,000. Mr. Steve Klein stated payment would be made upon a signed purchase agreement. Council Member Lyden suggested Ms. Wyland state what the City is going to do with the $10,000. Ms. Wyland stated the ordinance recommends the money be placed in the Housing and Redevelopment Authority (HRA) and this body will determine how the money will be used. PAGE 5 COUNCIL MINUTES APRIL 14, 1997 Mayor Landers recommended removing "up to $10,000" and just stating $10,000 in the ordinance. Ms. Wyland stated this is what is actually written in the ordinance. Council Member Neal moved to adopt Ordinance No. 03 - 97. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of EMERGENCY Ordinance No. 10 - 97, Placing a Moratorium on Telecommunications Towers - Ms. Wyland informed the Council of a memo received from Northwest Associated Consultants (NAC) concerning a recent request for a telecommunication tower on Centerville Road. Ms. Wyland indicated there are no specific criteria established, hence NAC has recommended the City enact an Emergency Ordinance to place a six (6) month moratorium on such uses to allow time for the development of appropriate review criteria. Ms. Wyland submitted the actual emergency ordinance to the Council to replace the draft they had previously received for review. She stated the Planning and Zoning Board recommended adopting the emergency ordinance establishing a six (6) moratorium on telecommunication towers within the City at their April 9, 1997, meeting. Council Member Neal addressed Mr. Ahrens regarding the tower by the Correctional Facility. He explained the vast amount of antennas located there and asked if the agreement was for the City to be paid $10,000 for each antenna $10,000 for the whole lot of them. Mr. Ahrens stated there are two companies currently on the water tower near the prison. The agreement with each company states the City receives $12,000 per year, starting this year, and it increases by a minimum of five percent (5%) thereafter. Council Member Neal stated when he voted for this, he was under the impression it was $10,000 per antenna not company. Mr. Ahrens stated $12,000 is the going rate for the Metro Area. Council Member Kuether asked if the agreement gives the company a specific amount of space to lease and they can put as many antennas in that space. Mr. Ahrens stated yes as far as identifying the space, but the agreement also identifies the maximum number of antennas the company can install in the leased space. Council Member Neal asked if the contract can be changed to $10,000 per antennae. Mr. Ahrens stated this could certainly be done but he believed the companies would not be interested. Council Member Lyden moved to adopt Emergency Ordinance No. 10 - 97. Council Member Bergeson seconded the motion. Motion carried unanimously. Emergency Ordinance No. 10 - 97 can be found at the end of these minutes. Consideration of Resolution No. 97 - 46, Reimbursement to Housing and Redevelopment Authority (HRA) Members for Meetings - This item was moved to be discussed with item 9, Consideration of the FIRST READING, Ordinance No. 07 - 97, Amending Section 203, City Council Compensation (reference Page ). Consideration of a Variance, Philip Dischinger, 850 Orange Street - Ms. Wyland stated this variance is a request to allow the construction of a building addition seven feet (7') from an existing septic tank. The State Pollution Control Agency, Chapter 70-80, Individual Sewage PAGE 6 • • COUNCIL MINUTES APRIL 14, 1997 Treatment System Regulations provides for a minimum setback of ten feet (10'). Variances may be granted at the discretion of the local jurisdiction. Ms. Wyland stated Mr. Dischinger was injured in a serious car accident in March, 1997, and is now a quadriplegic. Mr. Dischinger will be coming home from the hospital in a few weeks and needs some accessibility improvements made to his home. One of those improvements involves the construction of a ramp and wheelchair entry into the home. This new entry will be within seven feet (7') of his existing septic tank. Ms. Wyland stated the building inspector has reviewed the proposed construction and location of the entryway and recommends approval. There are no alternatives for entry into the home and the inspector believes the existing tank will still be maintainable. At their April 9, 1997 meeting, the Planning and Zoning Board reviewed the request and recommended approval as submitted. Ms. Wyland informed the Council a benefit has been planned for Mr. Dischinger on May 18, 1997, at the Coon Rapids American Legion. She suggested the Council waive the $250 application fee for this Variance request and the building permit fee for any remodeling that needs to be done to facilitate the accessibility improvements. Staff estimated the building permit fees to be between $50 and $150. Council Member Neal stated the Building Official has the plans to build the ramp and the standards required to build. Council Member Kuether asked what was the purpose of the building. Ms. Wyland stated it is not a building but an entryway into the home. The home is a split entry and it therefore requires an addition to place the ramp into an enclosed area. Council Member Kuether asked Mr. Wessel if this work could be donated by some of the builders and contractors in the City. Mr. Wessel said he will solicited developers in the City. Ms. Wyland stated the applicant's brother-in-law will be doing the work. Council Member Neal stated the lumber and labor will be around $2,000. Council Member Bergeson asked if there was not an addition, just a ramp, would that require a variance also. Ms. Wyland stated it is from a structure, so if it was just a ramp a variance would probably not be required. Mr. Roger Sharon stated the entryway would still be to small for the wheelchair, the addition is required. Council Member Kuether moved to approve the variance to allow a seven foot setback from an existing septic system and to waive the $250 variance application fee and building permit fee for accessibility improvements. Council Member Neal seconded the motion. Motion carried unanimously. ENGINEERING DEPARTMENT REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 41, Approve Plans and Specifications, Elm Street and Lake Drive Signal System - Mr. Ahrens stated that on May 13, 1996, the City Council ordered PAGE 7 COUNCIL MINUTES APRIL 14, 1997 the Centennial Middle School Street and Utility Improvement project. The project includes the installation of a signal system at Elm Street and Lake Drive. The plans and specifications have been completed by the City's consulting engineer, OSM Inc., and have been reviewed and approved by Anoka County. Mr. Ahrens stated staff is requesting Council to approve the plans and specifications so they may advertise for bids. Mr. Ahrens outlined the project schedule if Council approve the resolution tonight. Council Member Kuether moved to adopt Resolution No. 97 - 41. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 41 can be found at the end of these minutes. Consideration of Resolution No. 97 - 42, Vacate Fourth Avenue Right -of -Way - Mr. Ahrens stated the public hearing for the vacation of the Fourth Avenue right-of-way was held at the November 12, 1996, Council meeting. At the public hearing, staff presented information relating to the vacation and the opportunity for public comment was provided. No one spoke in favor or against the vacation of the right-of-way at the public hearing. With the recent approval by Council of the utility and roadway easements to serve the new Middle School, the right-of-way is no longer needed for transportation purposes. Council Member Bergeson asked Mr. Wessel if this right-of-way is needed for future industrial property at the north end. Mr. Wessel stated it is not needed as there is a plan for the proposed business park where access will occur from the internal portion of the park to the north end. Council Member Bergeson moved to adopt Resolution No. 97 - 42. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 42 can be found at the end of these minutes. Consideration of Resolution No. 97 - 43, Rescind Award of Contract, I-35W/County Road #23 (Lake Drive), Interchange, Commercial Development Area Trunk Utilities - Mr. Ahrens stated on March 24, 1997, the Council awarded a contract to Bonine Excavating, Inc., for the extension of trunk utilities to the southeast quadrant of the 35W/CSAH 23 interchange. Mr. Ahrens informed the Council a letter was received from Mr. Gerald Bonine, President of Bonine Excavating, Inc., requesting the Council to rescind the award of contract due to errors made on the bid proposal. Mr. Bonine also requests the bid bond be returned. Mr. Ahrens stated the City's Consulting Engineer, Mr. Tim Murphy, OSM, Inc., questioned the bid proposal by Bonine Excavating, Inc., immediately upon opening the bids on March 18, 1997. The estimator working for Bonine Excavating indicated their bid was good and they wanted the project at the submitted bid amount of $260,799.60. The Council accepted the bids and awarded the contract to Bonine Excavating based on this information. PAGE 8 • • COUNCIL MINUTES APRIL 14, 1997 Mr. Ahrens stated the Council has two options regarding this matter. The Council can deny the request by Bonine Excavating to rescind the award of contract and require them to enter into the contract. Bonine Excavating will likely refuse resulting in substantial time delays as the City and Bonine Excavating resolve this issue. The second option is to honor the request to rescind the award of contract and take the bid bond or cash equivalent. This option allows the City to award the contract to the second low bidder and keep the project on schedule. Mr. Ahrens stated Staff feels the bid bond should not be returned since the City's consultant questioned their bid immediately after the bid opening and Council has awarded the contract to Bonine Excavating. Mr. Ahrens said staff feels to require Bonine Excavating to honor the award of contract is not in the best interest of the City as substantial delays to the project will result, compromising the City's schedule to extend sewer and water to the "Village". Mayor Landers asked how the second -place bid compares to the City Engineer's estimated bid. Mr. Ahrens stated the estimate was approximately $296,000 and the second -place bid came in a $298,400, so it was approximately 1% higher. Mayor Landers inquired into the background and history of reliability for the second -place bid. Mr. Ahrens replied the company is S. R. Weidema, Inc. and last year they completed the Fourth Avenue Trunk Utility Project and also Behms Century Farms. He believes they have done other work in the City and they are a capable contractor. They are also right on-site as they are working on the Centennial Middle Project. Council Member Neal asked if the bid bond will be kept. Mr. Ahrens stated this is what is being suggested. Council Member Neal inquired into the amount of the bond. Mr. Ahrens stated approximately $13,000. Council Member Neal stated this money should be directed towards the road reconstruction project. Council Member Kuether moved to adopt Resolution No. 97 - 43. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 43 can be found at the end of these minutes. Consideration of Resolution No. 97 - 44, Award Construction Contract, I-35W/County Road #23 (Lake Drive), Interchange Commercial Development Area Trunk Utilities - Mr. Ahrens stated that with the adoption of Resolution No. 97 - 43, rescinding the award of contract to Bonine Excavating, Inc., the second lower bidder would need to be awarded the bid. Mr. Ahrens stated the City's Consulting Engineer, Mr. Tim Murphy, OSM, Inc., recommends the contract be awarded to S.R. Weidema, Inc., at the revised construction contract amount of $298,429.34. Mr. Ahrens explained the proposed project schedule and said this would delay the project approximately one (1) week. PAGE 9 COUNCIL MINUTES APRIL 14, 1997 Council Member Bergeson moved to adopt Resolution No. 97 - 44. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 44 can be found at the end of these minutes. Consideration of Resolution No. 97 - 33, Order Preparation of Report on Improvements, Lakes Addition Street Reconstruction - Mr. Ahrens stated this resolution orders the preparation of a feasibility study to investigate the reconstruction of the streets in the Lakes Addition area. The study will consider utility concerns, wetland impacts, road section and other issues related to reconstructing the streets. Since this project relies heavily on the City Charter, public informational meetings are planned to educate people on the Charter and the public improvement process. Mr. Ahrens stated pursuant to Minnesota Statutes, Chapter 429, and the Lino Lakes Charter, Council is required to order the preparation of a report studying the proposed improvements. Council Member Bergeson asked what the estimated cost of the feasibility study would be. Mr. Ahrens replied approximately $20,000. Mr. Schumacher noted the City Council did request the Charter Commission to submit a letter indicating their support of this project. He read the letter received from the Charter which indicated the Charter's support for this project. Council Member Bergeson indicated appreciation to the Charter Commission for re -addressing this issue for the Council. Council Member Kuether moved to adopt Resolution No. 97 - 33. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 33 can be found at the end of these minutes. CONSIDERATION OF AND APPROVAL OF TRANSFER AND INDEMNIFICATION AGREEMENT, FRIENDS OF THE PARK FOUNDATION, RANDY SCHUMACHER Mr. Schumacher stated the Council will need to approve the Transfer and Indemnification Agreement in order to accept a donation of equipment from the Friends of the Lino Parks Foundation. The playground equipment listed in the agreement will be installed in Birchwood Acres Park. The City has inspected the equipment and by the signing of the document, the City agrees to accept all responsibility for the equipment. Mr. Schumacher stated the City's Attorney, Mr. Bill Hawkins, has reviewed the document and recommends approval. Mr. Schumacher expressed appreciation to the Friends of the Lino Parks Foundation as they are a new organization and they have been very successful. PAGE 10 COUNCIL MINUTES APRIL 14, 1997 • Council Member Neal moved to approve the Transfer and Indemnification Agreement. Council Member Kuether seconded the motion. Motion carried unanimously. • CONSIDERATION OF QUOTES FOR PARK EQUIPMENT, RANDY SCHUMACHER Mr. Schumacher reviewed three (3) quotes for a Land Pride - All flex 14 foot mower. Although the Council requested Waldoch's be contacted for a quote, Mr. Schumacher stated they only carry John Deere equipment and therefore could not bid on the Landpride mower. Mr. Schumacher stated the low bid for this mower was received from Carlson Tractor and Equipment in Rosemount for $9,226.62. He indicated this mower is included in the 1997 budget. Council Member Neal moved to approve acceptance of the quote from Carlson Tractor and Equipment for $9,226.62. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FIRST READING, ORDINANCE NO. 07 - 97, AMENDING SECTION 203, CITY COUNCIL COMPENSATION, RANDY SCHUMACHER Mr. Schumacher stated pursuant to Minnesota Statute 415.11, the salaries of the Mayor and Council are set by ordinance adopted by the Council. The statute goes on to say any increase shall not go into effect until after the next general election. Mr. Schumacher said the Council has not adjusted their compensation level since 1993. He stated the proposed adjusted salary rates would begin in 1998 and go through the year 2002, basically this will give a cost of living adjustment for this period of time. Mr. Schumacher said there is also a change from two regularly scheduled work session meetings to a total of four regularly scheduled work session meetings. Council Member Kuether moved to adopt Ordinance No. 07 - 97. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 46, Reimbursement to Housing and Redevelopment Authority (HRA) Members for Meetings - Mr. Wessel explained that in October of 1995 the City Council adopted a resolution creating a Housing and Redevelopment Authority pursuant to the HRA Act. At that time, however, a compensation fee for the members of the HRA was not established. Mr. Wessel stated Staff therefore recommends adoption of Resolution No. 97 - 46, Establishing a Compensation for the City HRA retroactive to January 1, 1997. Council Member Bergeson stated his belief in a law which states the Council cannot give themselves a raise in the current term. At this point in time, the HRA is the City Council, and PAGE 11 COUNCIL MINUTES APRIL 14, 1997 even though the Council is taking on different duties, he is not sure this is allowed. Council Member Kuether stated this is a new job and is not an increase in the City Council's `salary.' Council Member Bergeson agreed that it is not an increase but may still be perceived as the current Council giving themselves a raise. Mr. Schumacher stated under Minnesota Statute 41511, which Council Member Bergeson is referring to, outlines the actual salary of the Council Members. Mr. Hawkins stated his impression is Council Member Bergeson is not stating that it is illegal, he is stating since Council Members cannot raise their own salary, why should they be able to increase their pay in a round about way. Council Member Bergeson stated it is apparently legal, but it appears to the residents the current Council gave themselves a raise. Mr. Hawkins replied he does not know exactly how it reads, but it is possible this could be interpreted this way and recommends a side of caution and to not make any HRA increase effective until after the election since this is not clear. Council Member Kuether stated the Council is not operating in the same capacity as a member of the HRA, it is the same as when they are on the Economic Development Authority. It may be the same members, but it is a different board. Mr. Hawkins stated he could look at the statutes tonight but not give the Council an opinion tonight without looking at any attorney general's opinion that may have been decided on or any case law. Council Member Bergeson suggested Council could pass this Resolution subject to an opinion by Mr. Hawkins regarding its legality. Mayor Landers replied he would prefer an understanding from the attorney before voting on this resolution. Council Member Kuether moved to table Resolution No. 97 - 46 until the next City Council Meeting. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Reaffirming Mayor Landers Appointments and Reappointments of the Following Persons to the Friends of the Parks Foundation: Reappointments: Marty Asleson and Georgia Herrick Appointments: Barry Bernstein Mayor Landers explained that the Friends of the Parks Foundation wanted to interview Pat Huleman before his appointment is considered. He will bring Mr. Huleman's appointment back to the City Council after the interview. Mayor Landers read a letter that will be sent to those have been appointed this evening. Consideration of Appointing Alternate Human Rights Officers, Mayor Landers - Mayor Landers stated the City's Harassment Policy calls for the appointment of a Human Rights Officer and two alternates. In order that each of the City's buildings contain an individual to whom employees may go to with questions and concerns, or to report incidents of harassment to the following positions are suggested for the designation: Assistant to the City Administrator, Dan Tesch, Human Rights Officer, City Hall PAGE 12 • • COUNCIL MINUTES APRIL 14, 1997 Sergeant Mortenson, Human Rights Officer, Alternate, Police Department Office Manager, Sandie Wood, Human Rights Officer, Alternate, Park and Recreation Department Mayor Landers stated these individuals will receive training over and above the annual harassment training that all employees as well as new hires receive. Mayor Landers said he spoke with Sandie Wood who declined the appointment from Human Rights Officer position. Mayor Landers stated Ms. Wood suggested it would not cost anymore to send ten people instead of eight to training. This would help with turnover or others declining later on after they had been trained. Council Member Kuether inquired where this training is to take place. Mayor Landers said the training will be held locally. Council Member Neal stated he was under the impression Dave Ahrens was to be one of the candidates. Mayor Landers stated he did briefly talk with Mr. Ahrens prior to this meeting and his response was yes he would serve as an alternate. Council Member Bergeson stated his concern regarding gender diversity. Although Mr. Ahrens would be great, there already are two males listed here so a female should be appointed for the third position. Council Member Kuether asked if any of the new police officers were female and maybe replace Sergeant Mortenson with one of them. Mayor Landers suggested moving ahead with the two names, Mr. Tesch and Sergeant Mortenson, and try to find the remaining individuals addressing the gender and facility location. Council Member Kuether asked if the individuals will be paid for the training. Mr. Hawkins stated training normally occurs during work hours. Council Member Lyden pointed out this is on-going training. Mayor Landers said at the last work session the terms were set for this positions at a three (3) year term. Council Member Kuether stated the terms need to be staggered and maybe four (4) and two (2) year terms would be more appropriate. Mayor Landers suggested the terms could be done similar to the Park Board, one term ends after one year, the second after two years and the third after three years; with the Human Rights Officer having the three year term. Council Member Bergeson stated one year is not very long and would propose 2, 3 and 4 year terms. Council Member Lyden expressed concern with the number attending training, especially with the associated costs. He stated his preference would be two males and two females attend the training. Mayor Landers stated the Council will go since they are a part of this plus three Human Rights Officers and the two alternatives will go as well. This could be the cut off, but he does not feel the training would be anymore for ten people then for eight. That way if anyone wanted to remove themselves from the officer or alternative position, there would be someone else already trained. Council Member Kuether agreed with Council Member Lyden in regards to two of each gender appointed for these positions and suggested Mr. Schumacher send out a memo to see if there are any volunteers interested in these positions. Mayor Landers stated two females would then need to be found for the remaining positions. Discussion followed regarding the PAGE 13 COUNCIL MINUTES APRIL 14, 1997 length of term for the officer and the alternatives. It was stated the Officer would need to be a longer term to ensure the transition of the alternative positions. Council Member Kuether moved to approve the appointing of Mr. Dan Tesch as the Human Rights Officer and Sergeant Mortenson as an alternative. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson moved to approve the Human Rights Officer for a term of three years, and the three alternative term lengths would be determined by a drawing with the terms being two two-year terms and one four year term. Council Member Bergeson also moved that the four positions be filled with two males and two females. Council Member Lyden seconded the motion. Motion carried unanimously. NEW BUSINESS REMINDER, Board of Review Set for Monday, April 21, 1997, 6:30 P.M. REMINDER, Economic Development Authority (EDA) Meeting, Monday, April 28, 1997, 6:00 P.M. DRAINAGE DITCH - Mr. Schumacher stated at the last work session Mr. Al Robinson brought up drainage concerns with the trash guards on a culvert under Apollo Drive in Ditch #22 which could cause potential flooding. This issue is in litigation at this point. Mr. Schumacher spoke with the attorney handling this case, and the attorney indicated if the City Engineer felt there was a threat of flooding for whatever reason, he would recommend the City Council authorize the City Engineer to remove the trash guard in high water periods. Mr. Ahrens stated this is not a simple operation to remove and then reinstall the trash guard depending on the water height. A backhoe would be required, so he feels the trash guard needs to be either on or off. Mr. Ahrens checked with our Consultants for their standards, but he would also like to check with MN/DOT and Anoka County to see what their standards are before he would make any recommendations regarding this issue. Council Member Kuether asked if someone could be assigned to stop and check it regularly and clean out the debris. Mr. Ahrens replied this is done on a daily basis, even on week -ends. He also indicated the water flow has gone down about one foot since this was initially brought before the Council approximately two weeks ago. Mr. Robinson, 8299 Fourth Avenue, Lino Lakes, stated a trash guard was installed when Apollo Drive was constructed. Sometime after June 24, 1993, it was removed. It was put back on last fall and he does not know why it was reinstalled. Mr. Ahrens replied it was reinstalled to meet the City's standards. Mr. Robinson asked where else in the City is there a trash guard installed in a culvert that maintains the amount of water flow as this one. He also stated since last Wednesday night he has personally cleaned the trash guard three times; he also cleaned it today at 2:01 p.m. Mr. Robinson removes debris daily and he has been keeping a record. Granted Staff may be checking the trash daily but his concern is debris collects there regularly and if a PAGE 14 • • • COUNCIL MINUTES APRIL 14, 1997 deluge of rain would come, flooding may occur. Mr. Robinson spoke with the Kate Drury at the Rice Creek Watershed and she stated she would recommend not having a trash guard in a continuous flow ditch such as this. Council Member Bergeson stated an attorney from the insurance company has given permission to remove it, so it seems we should have this one removed and then review our policy standards on where culverts should and should not be required. Mr. Ahrens disagreed and stated since it is a County Road, he would want to check with the County to ensure there is no issue with removing this trash guard. Mayor Landers stated he desires a written letter from the attorney granting permission to remove the trash guard before this were to occur. Mr. Ahrens stated if he received favorable reports from the County, he has no problem with removing the trash guard. He stated he would inform the Council after he talks to the County regarding this issue. He said there is a cut-off point on when they should be required, and based on what he hears from the County, he may be able to come back to the Council with recommendations on how the standards should be adjusted. Mr. Ahrens will bring more information to the next Council work session. ADJOURN Council Member Neal moved to adjourn at 8:12 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, April 28, 1997. cA, Mar yn G. Anderson, Clerk -Treasurer Jo L. Landers, ayor Transcribed by: Sandra Barott TimeSaver Off Site Secretarial PAGE 15 Council Member Neal introduced the following ordinance and moved its adoption: ORDINANCE NO. 05-97 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING GOLF DRIVING RANGES AS AN INTERIM USE IN THE CITY'S SC, SHOPPING CENTER DISTRICT. THE CITY COUNCIL OF THE CITY OF LINO LAKES HEREBY ORDAINS AS FOLLOWS: Section 1. Section 6, Subd. 16 of the City Zoning Ordinance (SC District Provisions) is hereby amended to add the following: INTERIM USES. The following are interim uses in the SC District (require an interim use permit based upon the procedures set forth in and regulated by Section 4, Subd. 38 of this Ordinance) and certificate of occupancy as provided by Section 5, Subd. 6 of this Ordinance. a) Golf Driving Ranges: i) The maximum building size shall be one thousand (1,000) square feet, and shall conform with all applicable provisions of the Uniform Building Code. ii) Required off-street parking shall be exempt from the surfacing requirements Ordinance. Off-street parking areas shall be surfaced in a manner determined acceptable by the City Engineer to effectively control dust. iii) One (1) off-street parking stall shall be required for each tee box provided. Said individual parking stalls shall be delineated by appropriate signage. iv) The applicant demonstrate adequate provision for temporary sanitary sewer and water services, subject to approval of the City Engineer v) Adequate methods for preventing stray balls from crossing into adjacent properties and/or the public right-of-way. • r —v+} Hours of operation shall be subject to review and -approval of the City Council vii) The provisions of Section 4, Subd. 38 of the Zoning Ordinance are considered and satisfactorily met. Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this 14th day of April, 1997. CITY OF LINO LAKES by ATTEST: Marilyn G. Anderson, Clerk/Treasurer ohn Landers, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following in favor thereof: Bergeson, Kuether, Neal, Landers. The following voted against same: Lyden. Whereupon said ordinance was declared passed and aopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 10 - 97 AN ORDINANCE PLACING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, MODIFICATION OR REBUILDING OF ANY RADIO COMMON CARRIER FACILITY WITHIN THE CITY OF LINO LAKES The City Council of the City of Lino Lakes ordains that the Lino lakes City Code is amended by adding a chapter to read as follows: SECTION 1. WHEREAS, the City Council of the City of Lino Lakes finds that proper planning for the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes is necessary in order to protect the City's planning process and the health, safety and welfare of the citizens; and WHEREAS, the City Council of the City of Lino Lakes as authorized by Minn. Stat. Sec. 462.355, Subd. 4 is conducting studies to consider amendments to the City's official controls, including the zoning code, which would affect the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes; and WHEREAS, the City Council of the City of Lino Lakes finds that an interim ordinance placing a moratorium on the establishment, expansion, modification or rebuilding of any radio common carrier facility within zoning districts is necessary to protect the planning process; and WHEREAS, the City Council of the City of Lino Lakes declares that an emergency exists and that it is necessary in order to preserve the public peace, health and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter, that an emergency interim ordinance placing a moratorium on the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes should go into effect immediately upon the passage of this Ordinance, so the City can conclude its studies and hearings relative to the amendment of the official controls regulating these activities. SECTION 2, Definitions (a) For purposes of this section, Transmission and Reception Facilities shall mean any antennas or towers having a fixed location and operated to furnish to the public paging or mobile telecommunication service otherwise known as Radio Common Carrier Facilities or "RCCF". SECTION 3, Public Hearing and Study • • • • The City Council hereby directs City staff to study the establishment, expansion, modification, or rebuilding of any radio common carrier facilities within the City and to schedule the necessary public hearings, at which time public comment shall be accepted and received regarding the placement and location of such uses within the City. SECTION 4, Location and Term From the effective date of this Ordinance and until its expiration as provided in Section 8 herein, no radio common carrier facility shall be located within any zoning district within the City of Lino Lakes. SECTION 5, Violation The City may enforce any provision of this Ordinance by mandamus, injunction or any other appropriate civil remedy in any Court of competent jurisdiction. SECTION 6, Authority This Ordinance is adopted pursuant to the authority granted to the City in Minn. Stat. Section 462.355, Subd. 4 entitled "Interim Ordinance" and City Charter Provision Section 3.06 entitled "Emergency Ordinance". SECTION 7. Separability Every section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance is declared separable from every other section, provision, or part thereof to the extent that if any section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance shall be held invalid by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. SECTION 8. Effective Date. This Ordinance shall become effective and shall be in effect for a period of six (6) months from the date hereof. PASSED by the City of Lino Lakes this ATTEST: .• %, J,�� �rti Ma ilyn G. Anderson, Clerk/Treasurer 14th Jay of April 1997. Jo n Landers, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none, whereupon said ordinance was declared duly passed and adopte Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-33 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS - LAKES ADDITION RECONSTRUCTION PROJECT. WHEREAS, it is proposed to improve the following streets: STREET FROM TO E Shadow Lake Drive Black Duck Drive Cul-de-sac Lantern Lane Black Duck Drive E Shadow Lake Drive Lantern Circle Lantern Lane Cul-de-sac Partridge Place Black Duck Drive Black Duck Drive Black Duck Drive Birch Street 230' N. Crystal Court Black Duck Circle Black Duck Drive Cul-de-sac Mallard Lane Black Duck Drive Cul-de-sac Crystal Court Black Duck Drive Cul-de-sac by constructing sanitary sewer systems, water supply systems, storm sewer systems and reconstructing street and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and the Lino Lakes Charter, Chapter 8. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer, or his assigns, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. • • Adopted by the Lino Lakes City Council this 24th d of March, 1997. Marilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, 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 March 24, 1997. Marilyn G. Anderson Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-41 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - ELM STREET AND LAKE DRIVE SIGNAL SYSTEM. WHEREAS, pursuant to resolution of the council passed by the council on May 13, 1996, OSM, Inc., has prepared plans and specifications for the improvement of Elm Street and Lake Drive Signal System 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 1:30 p.m. on Wednesday, May 7, 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, May 12, 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 14th day of April, 1997. Marilyn O. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favorthereof: 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 May 14, 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Bergeson-- introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 42 RESOLUTION VACATING A PORTION OF THE FOURTH AVENUE RIGHT- OF-WAY WHEREAS, a plan for the development of property south of135W and west of Lake Drive has been developed, and WHEREAS, the development plan for this area indicates that the Fourth Avenue right- of-way will not be needed, and WHEREAS, a public hearing was held on November 12, 1996 before the City Council in the city hall after due published and posted notice had been given by the City Clerk in the October 5th and 12th edition of the Quad Press and all persons interested were given an opportunity to be heard; and WHEREAS, it appears that it will be for the best interest of the City to vacate such portion of Fourth Avenue, and WHEREAS, four-fifths of all the members of the City Council concur in this resolution, NOW THEREFORE, BE IT RESOLVED, that the portion of the Fourth Avenue right- of-way as shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino Lakes this 14th day of April, 1997. /L. Landers, Mayor ' -0-2r-z-6cji Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing 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. • • • Council Member Kuether its adoption: introduced the followingresolutionand moved CITY OF LINO LAKES RESOLUTION NO. 97 - 43 RESOLUTION RESCINDING THE AWARD OF CONTRACT - 35W/CSAH 23 INTERCHANGE COMMERCIAL DEVELOPMENT AREA TRUNK UTILITIES PROJECT WHEREAS, the City Council of Lino Lakes, at the March 24, 1997, Council Meeting, awarded a contract to Bonine Excavating, Inc., AND WHEREAS, Bonine Excavating, Inc., has requested that the award of contract be withdrawn, AND WHEREAS, the bidding requirements allow the City to take the 5% bid bond if Bonine Excavating, Inc., withdraws their bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes hereby rescinds the award of contract, passed by resolution on March 24, 1997, to Bonine Excavating, Inc. 2. Bonine Excavating, Inc., shall give the City the bid bond or cash equivalent. Adopted by the Lino Lakes City Council this 14th day of April, 1997. Marilyn G. Aderson, Clerk -Treasurer asc L. Landers, Mayor 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 duly passed and adopted. Council Member- Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 44 RESOLUTION AWARDING A CONSTRUCTION CONTRACT - 35W/49 INTERCHANGE COMMERCIAL DEVELOPMENT AREA TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the 35W/49 Interchange Commercial Development Area Trunk Utility Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bonine Excavating S. R. Weidema S. J. Louis Construction R. P. Utilities Northdale Construction Annandale Contracting Ryan Contracting Arcon Contracting Burschville Construction Richard Knutson G. L. Contracting C. W. Houle Barbarossa & Sons Redstone Construction Kadlec Excavating Bid Amount $260,799.60 $298,429.34 $299,957.00 $316,179.34 $321,050.70 $345,725.50 $360,684.00 $366,979.90 $367,004.00 $368,553.63 $378,242.10 $380,920.50 $401,660.10 $426,840.40 $444,372.50 AND WHEREAS, the City Council of Lino Lakes awarded a construction contract to the low bidder, Bonine Excavating, Inc., on March 24, 1997; AND WHEREAS, Bonine Excavating has requested the City Council of Lino Lakes to rescind the award of contract made on March 24, 1997; AND WHEREAS, the City Council of Lino Lakes has adopted Resolution No. 97-43 rescinding the award of contract to Bonine Excavating, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: • • . The Mayor and Clerk are hereby authorized and directed to enter into a contract with the second lowest bidder, S. R. Weidema, Inc., 17600 113`h Avenue North, Maple Grove, Minnesota 55369, in the name of the City of Lino Lakes for the construction of the 35W/49 Interchange Commercial Development Area Trunk Utility Improvements 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 14th day of April, 1997. Mafilya i (. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, 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 April 14, 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-45 RESOLUTION AMENDING THE CITY OF LINO LAKES EMPLOYEE PERSONAL COMPUTER PURCHASE PLAN WHEREAS, the plan was adopted per Resolution No. 92-69 with the effective date of the resolution passage date, and WHEREAS, the plan needs to be updated to include technological changes and clarifications, and WHEREAS, the City Council has been added as eligible participants. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the City Employee Personal Computer Purchase Plan be amended to reflect these changes effective upon passage. Adopted by the city Council of Lino Lakes this 14th day of April, 1997. Marilyn G. Anderson - Clerk Treasurer Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by 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. •