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HomeMy WebLinkAbout01/26/1998 Council Minutes• • COUNCIL MINUTES DATE TIME STARTED TIME ENDED MEMBERS P MEMBERS ABSENT CITY OF LINO LAKES MINUTES January 26,1998 6:30'P.M. 7:57 P.M. Neal, Bergeson, None JANUARY 26, 1998 Lyden, Dahl, and Sullivan Staff members present: Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Parks and Recreation Department Director, Rick DeGardner; Planning Coordinator, Mary Kay Wyland; and Clerk -Treasurer, Marilyn Anderson Mayor Sullivan reiterated her guidelines for Council meeting conduct, referencing compliance with Roberts Rules of Order, the City Code, and the City Charter. The basic requirement is that all who speak maintain a respectful demeanor. On a more technical note, Mayor Sullivan reminded everyone of the four -minute limit for individuals wishing to speak under "Open Mike", the vehicle by which members of the audience can address issues not included on the meeting agenda; and selection of a representative speaker for groups of five or more, said representative being allotted eight minutes to speak. SETTING THE AGENDA Mayor Sullivan made the following additions to the agenda: As Item 4.C., "Submission of Purchase Agreement for Athletic Complex", Item 9.D., "Consideration of Separation Agreement for Randy Schumacher", Item 9.E., "Appointment of Interim City Administrator", and Item 9.F., "Consideration of Hiring Headhunter Firm and Proceeding with the Hiring Process for a New City Administrator". The Agenda was then approved as amended. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: December 29, 1997 (Agenda Item 9B) January 12, 1998 (Agenda Item 9C) COUNCIL MINUTES JANUARY 26, 1998 DISBURSEMENTS: January 26, 1998 (Checks No. 49842 - 49927, $1,332,613.73) Approved Centennial Fire District, January 20, 1998 Approved RESOLUTION NO. 98 - 03, FINAL PAYMENT, CEDAR STREET LIFT STATION Approved OPEN MIKE Tom Krantz, 7132 Lakeview, introduced himself stating that he is running for a legislative position. He explained that he has been a resident of Lino Lakes for 21 years, and that if elected he is desirous of working closely with Council and the City on upcoming projects. He asked everyone to vote in the upcoming special election, pointing out that one vote does make a difference. CONSIDERATION OF APPOINTMENTS, DAN TESCH Mr. Tesch reminded the group that at Council's last meeting a number of appointments were made and the terms of advisory board members whose terms would have expired on December 31, 1997, were extended by 90 days. During this 90 -day period, recruitment will continue and selection criteria will be established. As of January 21, the following 1998 advisory board applications were received: Planning and Zoning Board (4 vacancies) Rick Gelbmann (seeks reappointment) Guy Herr (seeks reappointment) Bill Johnson (seeks reappointment) Caroline Dahl (elected to Council; 12/98 expiration) Parks and Recreation Board (3 vacancies) Kim Sullivan (elected Mayor; 12/99 expiration) Sharon Lane (seeks reappointment) Betty Piper (not seeking reappointment) Pat Huelman Economic Development Authority Advisory Board (3 vacancies) Roger Jenson (seeks reappointment) Glenn Rehbein (seeks reappointment) Dean Tollefson (resigning; 12/99 expiration) John Milbauer Patricia Rickaby 2 • COUNCIL MINUTES JANUARY 26, 1998 Environmental Affairs Committee (all seeking appointment) Maurine Davidson Amy Donlin Lori Frisk -Thompson J.P. Houchins Rod Kukonen Gene Lane Mike Trehus The following appointments were recommended: Centennial Fire Steering Committee (two elected officials) - John Bergeson and Andy Neal. Vadnais Lake Area Water Management Association - Rocky Keehn. Joint Law Enforcement Agency - Andy Neal. Anoka County Correctional Program Liaison - Andy Neal. District Memorial Hospital Board - Donna Carlson. Mr. Tesch added that Council liaisons continue to be helpful, with the following appointments recommended: • Department Administration - Kim Sullivan Police - Andy Neal Engineering/Public Works - Kim Sullivan Community Development - entire Council and Mayor Finance - John Bergeson Building Inspection - Chris Lyden Parks and Recreation - Caroline Dahl Environment - Chris Lyden Charter - Caroline Dahl Board Planning and Zoning - Caroline Dahl Parks and Recreation - Caroline Dahl Economic Development Authority Advisory Board - John Bergeson Environmental Affairs Committee - Chris Lyden COUNCIL MINUTES JANUARY 26, 1998 Council Member Bergeson moved to approve the aforementioned appointments, as presented. Council Member Neal seconded the motion. Motion carried unanimously. PARKS AND RECREATION DEPARTMENT REPORT, RICK DEGARDNER Consideration of a Request from Anoka Electric Cooperative for an Electrical Easement in Outlot A, West Oaks Addition - Mr. DeGardner explained this request by Anoka Electric (AEC) that Lino Lakes grant a 10 -foot -wide electrical easement through Outlot A of the West Oaks Addition for the purpose of ensuring adequate voltage support for area residents during peak electrical usage periods and to increase the service reliability for this and the surrounding area. The proposed connection would run approximately 1,600 feet, and would utilize underground cable installed via directional boring for minimal impact on the wetlands. Mr. DeGardner stated that AEC plans to work closely with affected residential property owners to gain appropriate equipment access in keeping with their intent to keep property disturbance to a minimum, and that AEC will repair any damage resulting from the construction process. Additionally, Mr. DeGardner explained that AEC will be responsible for all costs associated with this project, such as surveying and recording, and has agreed to provide some "in-kind services" throughout the City's park system. According to Mr. DeGardner, the City has no short- or long-term plans for this parcel of land, and would recommend approval of AEC's request. Council Member Neal requested explanation of the term "in-kind services". Mr. DeGardner explained that his department has identified certain parks within the Lino Lakes area that could benefit from additional lighting service, and that AEC has agreed to provide such service in exchange for the utility easement. Council Member Lyden moved to approve Anoka Electric Cooperative's request for an electrical easement in Outlot A, West Oaks Addition, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Accepting a Trail Easement, Clearwater Creek, 2nd Addition - Mr. DeGardner reminded Council that it approved the final plat for the Clearwater Creek, 2nd Addition in September of 1996. At that time, a 15 -foot -wide trail identified as "Park" on the aforementioned plat was dedicated on the rear lot lines of those parcels west of Tele Lane. According to Mr. DeGardner, subsequent to plat approval additional investigation revealed that installation of the trail as platted would result in the removal of a number of deciduous trees, including certain significant oak trees. Consequently, Staff contacted the developer and a proposal for a total easement resulted. However, due to concerns regarding the proposed trail relocation, at its September 22, 1997 meeting Council returned this proposal to the Park Board for further consideration. Through the use of visual aids, Mr. DeGardner pointed out the exact route of the proposed trail according to the amended proposal. He then explained the options reviewed by the Park Board 4 • • • COUNCIL MINUTES JANUARY 26,1998 at its January 5, 1998 meeting, concluding that although none were ideal the logical course of action remains to accept the trail installation according to revised easement proposal with screening where appropriate. Mayor Sullivan asked if Lot No. 5 is the only developed parcel. Mr. DeGardner responded in the affirmative, adding that the home on that lot is presently a model home. Mayor Sullivan requested confirmation that easement for this trail currently exists, to which Mr. DeGardner responded the existing easement is 15 feet along the property line; however, the requested adjustment would be subject to approval by the developer, who is in concurrence with this change. Ms. Wyland added that this request is for Council to accept the altered trail route as the new easement. Council Member Neal moved to approve the Clearwater Creek 2nd Addition easement, as presented. Council Member Lyden seconded the motion. Council Member Bergeson reiterated that none of the options are desirable, and expressed his hope that the Park Board, together with the Planning and Zoning Board, could establish appropriate guidelines for trail location. Clearly, some trails are installed too close to home sites. Motion carried unanimously. Submission of a Purchase Agreement for Athletic Complex - Mr. DeGardner explained that Staff and the Park Board have been working on a proposal for a bond referendum. One element of that referendum is the athletic complex proposed for location at Holly Drive and County Road J. Depending upon success of the referendum, Mr. DeGardner recommended approval of the Purchase Agreement between the City of Lino Lakes and Ester Noren for the purchase of her property for the sum of $676,300. Council Member Lyden asked about obligation on the part of the City beyond the $1,000 earnest money requirement. City Attorney Hawkins explained that even the $1,000 deposit would be refunded in the event the referendum should fail; therefore, there would be no obligation on the part of the City. Council Member Lyden moved to approve the agreement to purchase the Noren property for the purpose of creating an athletic complex, subject to the success of a bond referendum including that project. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL PUBLIC HEARING, MUSA Land Exchange, The Village - Mr. Wessel provided the following background for this item: Council recently approved the schematic design for the civic campus project in The Village at I -35W and Lake Drive. In order to facilitate that construction, a MUSA land trade must take place, which would shift 7.35 acres of MUSA from adjacent City - owned property to the public facilities area of the project site, which was previously a part of the County Park and did not contain any MUSA rights. COUNCIL MINUTES JANUARY 26, 1998 Through visual aids Mr. Wessel pointed out the areas that would be affected. He stated that Staff recommended approval of this minor MUSA land exchange, which would facilitate construction of the public facilities portion of The Village in accordance with the present schedule. Mr. Wessel added that Phase II of The Village development is scheduled for 1999, and that upon completion of the City's Comprehensive Plan additional MUSA designation for this area will be available to replenish the MUSA bank. According to Mr. Wessel, this proposed exchange has been reviewed by the Metropolitan Council, which has indicated that a MUSA rights transfer can be accomplished on an administrative level in order to facilitate this exchange. Mayor Sullivan declared the public hearing open at 7:01 p.m. Joel Tagg, 7504 Lake Drive, requested clarification that the entire exchange would be among City -owned MUSA areas. Mr. Wessel responded that it would. There being no further public input, Council Member Lyden moved to close the public hearing at 7:02 p.m. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 13, MUSA Land Exchange - Council Member Bergeson moved to adopt Resolution No. 98 - 13, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 13 can be found at the end of these minutes. PUBLIC HEARING, Vacation of Drainage and Utility Easement - Mary Kay Wyland explained this request for vacation of a drainage and utility easement on the property adjacent to previously vacated property. This 12 -foot drainage must be vacated so that Boe Ornamental can begin construction on its office/warehouse/manufacturing building project approved by Council in June of 1997. Mayor Sullivan asked how the property owner would be apprised of how this drainage plan is intended to function, to which Ms. Wyland responded approval of Boe Ornamental's drainage plan by the City Engineer was a condition of project approval. Council Member Lyden asked Dave Ahrens if he had any concerns regarding this process. Mr. Ahrens responded that he did not, and that it was in keeping with accepted practice. Mayor Sullivan declared the public hearing open at 7:07 p.m. There being no public input, Council Member Lyden moved to close the public hearing at 7:08 p.m. Council Member Neal seconded the motion. Motion carried unanimously. 6 • • • COUNCIL MINUTES JANUARY 26, 1998 Consideration of Resolution No. 98 - 12, Vacation of 12 -Foot Drainage and Utility Easement on West Side of the Vacated Industrial Boulevard Right -of -Way (Boe Ornamental) - Council Member Lyden moved to adopt Resolution No. 98 - 12, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 12 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 07, 21st Avenue Street and Utility Project, Receive Feasibility Report and Call Hearing on Improvement - Mr. Ahrens explained that on November 24, 1997, Council ordered the preparation of a feasibility report investigating the improvement of 21st Avenue by street, sewer, watermain, and sanitary sewer construction from Cedar Street to Main Street. He added that the feasibility report is now complete, and that Staff is hereby requesting Council to accept the report and call for a hearing on the proposed improvements, which would be scheduled for February 23, 1998. At that time Staff together with its engineering consultant would provide a detailed review of the feasibility report. Mr. Ahrens further added that the subject area is exempt from City Charter authority and would, therefore, fall under Chapter 429 regulations. Council Member Bergeson moved to adopt Resolution No. 98 - 07, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 07 can be found at the end of these minutes. Consideration of Resolution No. 98 - 08, Consideration of Joint Powers Agreement with City of Centerville, 21st Avenue Street Construction and Maintenance - Mr. Ahrens explained that, with Council's approval of the Clearwater Creek Business Center plat, the need has arisen for a joint powers agreement between the City of Lino Lakes and the City of Centerville. The Clearwater Creek Business Center plat is located south of Main Street between 35E and 21st Avenue, with 21st Avenue being the road serving the plat. 21st Avenue lies over the corporate boundary between Lino Lakes and Centerville. One of the main issues is improvement of 21st Avenue, and cost-sharing and maintenance responsibilities between Lino Lakes and Centerville must be determined. Mr. Ahrens stated that the proposed Agreement has been reviewed by the City Attorney, the City's engineering consultant, and Staff. The Agreement is currently under review by Centerville officials, discussion having taken place at a January 21 work session and possible action by January 28. No outstanding issues were known to Staff as of this presentation. The Agreement allows for all project costs, with the exception of property acquisition, related to street and storm sewer work to be split equally between the two cities. Utility work being within Lino Lakes, it will assume that responsibility. However, maintenance responsibilities would include winter snow removal and sanding by Centerville with Lino Lakes providing street sweeping, pothole filling and crack sealing. Future sealcoating would be covered under separate COUNCIL MINUTES JANUARY 26, 1998 agreement, according to Mr. Ahrens. Additionally, each city would have to approve the other's driveway locations. Council Member Lyden asked why seal coating is not included within the proposed Agreement. Mr. Ahrens stated that a separate agreement covering seal coating would allow the City more flexibility; that it would be beneficial to avoid becoming "locked in" to that aspect of the project at this time. Council Member Lyden moved to adopt Resolution No. 98 - 08, as presented. Council Member Bergeson seconded the motion. Council Member Neal asked Mr. Ahrens if Centerville is in favor of the terms of the proposed Agreement. Mr. Ahrens responded in the affirmative. Motion carried unanimously. Resolution No. 98 - 08 can be found at the end of these minutes. Consideration of Resolution No. 98 - 09, Lake Drive Trunk Utility Project, 79th Street to Lino Lakes Elementary School, Order Improvement and Preparation of Plans and Specifications - By way of background, Mr. Ahrens explained that the public hearing for the Lake Drive Trunk Utility Project was held on Monday, November 24, 1997. The 60 -day waiting period has expired within which petitions could be submitted to the City in favor of or against the Project, none having been received. Two letters were provided to Council expressing favor with the Project, which includes construction of trunk and lateral sanitary and watermain along Lake Drive from 79th Street to Main Street and along Main Street from Lake Drive to Lino Lakes Elementary School. The trunk sanitary sewer line is proposed for location on the east side of Lake Drive, with a lateral sanitary sewer line of smaller diameter located on the west side providing service to the realty building and properties to the south. A later sanitary sewer line is proposed for extension west along the south shoulder of Main Street providing service to the properties located south of Main Street. Utility stubs are proposed to accommodate future extensions of that system. Mr. Ahrens added that funding and special assessments are outlined in the feasibility report according to State Statutes and the Lino Lakes Charter. The estimated cost for this project is $836,479, with funding to come through the Area and Unit Fund and through special assessments calculated according to the Lino Lakes Public Improvement Financing Policy to be levied against benefiting properties as property owners connect to the utility system. Mr. Ahrens offered the following Project schedule: Order Project Neighborhood meeting Council approves plans Council authorizes ad for bids 8 January 26, 1998 February 24, 1998 (tentative) March 9, 1998 March 9, 1998 • • COUNCIL MINUTES JANUARY 26, 1998 Bid opening Council awards bid Construction begins Substantial completion April 9, 1998 April 13, 1998 July, 1998 October, 1998 Mayor Sullivan requested confirmation that this project would accommodate future development in the area. Mr. Ahrens stated that utilities could easily be extended further along Lake Drive, as well as to serve other adjacent areas. Council Member Bergeson asked if financing would include a bond, to which Mr. Ahrens responded in the affirmative. Council Member Bergeson then asked if connection to utilities would be voluntary, and how many are anticipated to utilize these improvements initially. Mr. Ahrens stated that connection would be voluntary, and that it was difficult to estimate initial connection. The elementary school would be one initial user. Council Member Neal asked if the utilities would run south and west at the freeway. Mr. Ahrens explained that they would be installed between Lilac and Apollo Drive. Council Member Neal requested clarification that they would only run as far as 79th Street, to which Mr. Ahrens responded in the affirmative. Council Member Neal then asked about the cost for a commercial connection as opposed to residential. Mr. Ahrens responded that the residential rate would be approximately $8,800, with commercial being higher. He pointed out that the Bisel Amendment would come into play. Council Member Neal asked about the police station specifically, to which Mr. Ahrens responded the approximate cost would be $20,000. Council Member Bergeson moved to adopt Resolution No. 98 - 09, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 09 can be found at the end of these minutes. Consideration of Resolution No. 98 - 10, Black Duck Drive Lift Station Ordering Preparation of Plans and Specifications - Mr. Ahrens explained this request for authorization to prepare plans and specifications to construct a new lift station to serve the Black Duck Drive area. He stated that the volume of waste water flow entering the existing Black Duck Drive lift station has exceeded its capacity and, in order to accommodate the higher flow volumes, the pump cycles at an extremely high rate which contributes to excessive wear. This lift station consists of a wet well to store waste water, which is connected to a separate dry well which houses the pump and fittings. This design requires that maintenance personnel enter the dry well to work on the pumps, which requires special safety precautions in order to meet OSHA rules. Mr. Ahrens explained that Staff is currently proposing construction of a new lift station consisting of a wet well and submersible pumps on the east side of Black Duck Drive within the unimproved Captains Place right-of-way. This would allow for continued use of the existing lift station during construction of the new one. Additionally, the new design would eliminate the COUNCIL MINUTES JANUARY 26, 1998 unsightly pump house, as all components would be underground with the exception of a control panel. The proposed project would be less complex and less expensive, according to Mr. Ahrens. The timing of this proposed construction would coincide with the reconstruction of streets in the Black Duck Drive area, making it more economical at this time rather than in the year 2000 as proposed in the Capital Improvement Plan. Mr. Ahrens stated that funding for this project would be from the City's Area and Unit Fund, which was specifically created to fund trunk improvements such as lift stations. No public hearing is required prior to approval of this project since no special assessments are proposed. Council Member Bergeson requested clarification whether this request is to prepare plans and specifications and order improvements, or just to order plans and specifications. Mr. Ahrens explained that the intent was for approval of both. Council Member Bergeson expressed concern regarding use of the Area and Unit Fund, suggesting that Staff develop a report outlining what might be chargeable. Mr. Ahrens indicated that such information could easily be produced. Council Member Bergeson requested confirmation that, in the event Resolution No. 98 - 10 is adopted at this time, the opportunity would remain to deny the project. Mr. Ahrens confirmed that there would be at least one more opportunity to review and consider this matter. Council Member Bergeson moved to adopt Resolution No. 98 - 10 ordering preparation of plans and specifications, Blackduck Drive Lift Station. Council Member Lyden seconded the motion. Motion carried unanimously. It was agreed that the request for ordering the improvements themselves would be included in subsequent consideration. Resolution No. 98 - 10 can be found at the end of these minutes. Consideration of Resolution No. 98 - 11 Authorizing Inflow and Infiltration Loan and Grant Application - Mr. Ahrens presented correspondence from the Metropolitan Council Environmental Services (MCES), which invited communities to apply for loans and grants to fund sanitary sewer projects and studies for reduction of inflow and infiltration of clear water into the municipal sanitary sewer system. In order to take advantage of these funds, the MCES requires adoption of a resolution by each community indicating its interest in pursuing this program. Mr. Ahrens explained that communities that utilize the MCES treatment facility are charged for actual volume of sanitary waste water treated. Any reduction in inflow and infiltration will have an immediate benefit to the community by way of reduction in the amount paid to the MCES. These costs are the major portion of the sanitary sewer utility fee paid by residents of Lino 10 COUNCIL MINUTES JANUARY 26, 1998 • Lakes, and any reduction in MCES costs could prevent increases in the utility fee. Mr. Ahrens provided a graph from MCES illustrating the peak inflow and infiltration from Lino Lakes. • With the Lakes Addition Street Reconstruction Project and the planned Inflow and Infiltration Study, both of which are eligible for funding through the MCES program, the timing of this invitation is particularly beneficial to Lino Lakes. Council Member Lyden moved to adopt Resolution No. 98 - 11, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 11 can be found at the end of these minutes. OLD BUSINESS - None. Mayor Sullivan expressed appreciation to Staff for meeting preparation, to Mr. Tesch for improvements to the cable television system, and to Ms. Anderson for compilation of the Community Calendar. COMMUNITY CALENDAR SPECIAL ELECTION, Tuesday, January 27, 1998 Trails Committee Meeting, Tuesday, January 27, 1998, 7:00 p.m., Parks and Recreation Building Environmental Committee Meeting, Wednesday, January 28, 1998, 7:00 p.m. Citizens Advisory Group (CAG) Meeting, Wednesday, January 28, 1998, 7:00 p.m. Quail Ridge Master Plan Neighborhood Meeting, Thursday, January 29, 1998, 7:30 p.m., Lino Lakes Fire Station. Comprehensive Land Use Plan Committee Meeting, Thursday, January 29, 1998, 6:00 p.m. Parks and Recreation Board Meeting, Monday, February 2, 1998, 6:30 p.m. City Council Work Session, Wednesday, February 4, 1998, 5:30 p.m. Economic Development Authority Advisory Board (EDAAB) Meeting, Thursday, February 5, 1998, 7:00 a.m. City Council Meeting, Monday, February 9, 1998, 6:30 p.m. • Planning and Zoning Board Meeting, Wednesday, February 11, 1998, 6:30 p.m. COUNCIL MINUTES JANUARY 26, 1998 City Council work Session, Wednesday, February 18, 1998, 5:30 p.m. Comprehensive Plan Task Force/Citizens Advisory Group Public Forum, Saturday, February 21, 1998, 9:00 a.m. Environmental Committee Meeting, Wednesday, February 25, 1998, 7:00 p.m. NEW BUSINESS Consideration of Letter of Resignation from Cynthia Larson, Police Department - Mr. Tesch informed Council of Cynthia Larson's letter of resignation from her position with the Lino Lakes Police Department, stating that her service was appreciated and that she is wished well in her future endeavors. Council Member Lyden moved to accept Cynthia Larson's resignation from the Lino Lakes Police Department. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Minutes, December 29, 1998 - Council Member Bergeson moved to approve the December 29, 1998 minutes as presented. Council Member Lyden seconded the motion. Motion carried, with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes, January 12, 1998 - Council Member Bergeson moved to approve the January 12, 1998 minutes as presented. Council Member Lyden seconded the motion. Motion carried, with Council Member Neal abstaining. Consideration of Separation Agreement for Randy Schumacher - Mayor Sullivan explained that, according to the terms of his employment contract, Mr. Schumacher had resigned as City Administrator, effective January 26, 1998. She added that Mr. Schumacher had agreed to remain available for consultation purposes for 120 days pending the selection of a new City Administrator. Council Member Neal moved to accept Randy Schumacher's resignation. Council Member Dahl seconded the motion. Council Member Bergeson pointed out that the Separation Agreement was indeed signed by Mr. Schumacher, indicating his desire to terminate his employment with the City of Lino Lakes and to pursue other opportunities. He expressed appreciation for Mr. Schumacher's efforts over the years as City Administrator, and wished him well in his future endeavors. Council Member Bergeson then expressed a number of concerns regarding the manner in which the Separation Agreement was reached. First, the Charter states explicitly that the City Administrator is responsible to the entire City Council, and that the Separation Agreement should have been a joint effort of the entire body not just the Mayor. He indicated his surprise that the City Attorney had worked with Mayor Sullivan to develop this Agreement without authorization from the entire Council, questioning its appropriateness. Additionally, Council 12 • • • COUNCIL MINUTES JANUARY 26, 1998 Member Bergeson pointed out that certain provisions of the Agreement, such as vacation of the City Administrator's office and discussions regarding interim management, have been put into motion, which is inappropriate absent ratification of the Agreement by Council vote. Finally, Council Member Bergeson requested a roll call vote on this matter. Mayor Sullivan reiterated that the City Administrator has resigned in order to pursue other opportunities. Motion carried, pursuant to the following roll call: Council Member Bergeson - no Council Member Dahl - yes Council Member Neal - yes Council Member Lyden - yes Mayor Sullivan - yes Appointment of Interim City Administrator - Mayor Sullivan explained that it is the role of the Mayor to analyze and make recommendations to Council regarding city administration issues. She pointed out that the City currently employs many good department heads, who she hopes will continue their excellent work during the transition period between Mr. Schumacher's resignation and the designation of a new City Administrator. Mayor Sullivan then announced that, due in large part to his ability to assume managerial duties in the face of significant change, she would recommend Police Chief Pecchia as Interim City Administrator. Council Member Bergeson expressed concern that a union employee would not be an appropriate choice for a management position. Mayor Sullivan indicated that she had investigated this issue, and had been advised that Chief Pecchia would have to take a leave of absence or resign from the union during his tenure as Interim City Administrator. Council Member Neal stated his favor with appointment of Chief Pecchia as Interim City Administrator, asking for an estimate of how long the hiring process would take. Mayor Sullivan indicated that it might take from four to six months to fill this position on a permanent basis. Council Member Neal added his feeling that, while acting as Interim City Administrator, Chief Pecchia should be compensated accordingly, especially given the fact that he would have to remove himself from his union affiliation during the interim period. Mayor Sullivan suggested that the issue of compensation be discussed at the Council's next work session. Council Member Lyden moved to approve the appointment of Chief Pecchia as Interim City Administrator. Council Member Dahl seconded the motion. Motion carried, with Council Member Bergeson voting no. Consideration of Proceeding with Hiring Process for New City Administrator - Mayor Sullivan indicated the need to provide direction to Staff with regard to hiring a selection agency and proceeding with the hiring of a new City Administrator. 13 COUNCIL MINUTES JANUARY 26, 1998 Council Member Bergeson agreed that a consultant would be appropriate, and suggested that a list of search firms be provided for Council's evaluation. Council Member Bergeson moved that Mr. Tesch and Chief Pecchia be authorized to provide Council with a list of recommended search firms. Council Member Neal seconded the motion. Motion carried unanimously. ADJOURN Council Member Lyden moved to adjourn at 7:57 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. 14 g, February 9, 1998. K ullivan, Mayor Council Member Lyden introduced the following resolution and • moved its adoption: • • CITY OF LINO LAKES RESOLUTION NO. 98-03 RESOLUTION APPROVING PAYMENT 5 (final) and CHANGE ORDER NO. 1 FOR CEDAR STREET LIFT STATION PROJECT WHEREAS, the construction of Cedar Street Lift Station Project has been completed by Northdale Construction Company, 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. Change Order No. 1 in the amount of $5,429.96 is approved. 2. Payment number 5 (final) in the amount of $28,596.37 is approved for a total contract amount of $243,554.96. Adopted by the City Council this 26th daly K Marilyn . Anderson Clerk -Treasurer 998. r Sullivan, 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, Dahl, Lyden, Neal, Sullivan. 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 January 26, 1998. ct Marilyn G. 'Anderson, Clerk -Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-15 RESOLUTION APPROVING MUSA LAND EXCHANGE AND REALLOCATION FOR THE VILLAGE WHEREAS, to facilitate construction of the new Civic Complex at The Village consisting of a police station, city hall and early childhood facilities a MUSA Land Exchange is necessary, and WHEREAS, the City currently owns property to the north and west of the proposed Civic Complex (identified as Parcels 1 & 2 on Exhibit A) that can be used for this MUSA exchange, and WHEREAS, the City Council has determined that construction of this Civic Complex is in the best interest of the City, and WHEREAS, the City wishes to reallocate the 7.35 acres of MUSA Designation currently on Parcels 1 & 2 to the Civic Complex upon receipt of Title from the County for Parcel 3, and WHEREAS, the City will reestablish MUSA Designation to Parcels 1 & 2 upon completion of the Comprehensive Plan and approval by the Metropolitan Council, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that 7.35 acres of MUSA designation shall be allocated from Parcels 1 & 2 to Parcel 3, the Civic Complex site, as shown on Exhibit A, and BE IT FURTHER RESOLVED, that MUSA Designation will be reestablished on Parcels I & 2 upon completion of the Comprehensive Plan and approval by the Metropolitan Cou Adopted by the Lino Lakes City Council this 2 January 98. Ki ATTEST: Mari yn G. Anderson, Clerk/Treasurer llivan, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. A7 Council Member Lyden introduced the following resolution and moved its • adoption: • • CITY OF LINO LAKES RESOLUTION NO. 98 - 12 RESOLUTION VACATING 12' DRAINAGE AND UTILITY EASEMENT ON EAST SIDE OF LOT 1 BLOCK 1, LINO INDUSTRIAL PARK WHEREAS, a 12' drainage and utility easement was originally platted on the east side of Lot 1, Block 1, Lino Industrial Park, and WHEREAS, this 12' drainage and utility easement is no longer required and the property owner wishes to construct a building over said easement, and WHEREAS, Industrial Boulevard was vacated by the City in May of 1997 and the vacated right-of-way returned to the owner of Lot 1, Block 1, Lino Industrial Park to facilitate the proposed construction, and WHEREAS, the City Council of the City of Lino Lakes held a Public Hearing on Monday, January 26, 1998 concerning said vacation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the following described draiange and utility easement: That part of the 12.00 foot wide drainage and utility easement located on Lot 1, block I, Lino Industrial Park, Anoka County, Minnesota, lying north of the south 20.00 feet of said Lot 1 and lying south of the north 67.00 feet of said Lot 1 is hereby vacated. Adopted by the Lino Lakes Cit6T Council ATTEST: a/14 t /) CC rub 1/4,1) Marilyn G./Anderson, Clerk -Treasurer 6"' day of January, 1998. . Sullivan, Mayor 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, Dahl, Lyden, Neal, Sullivan. The following voted against same: none . Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-07 RESOLUTION RECEIVING REPORT and CALL HEARING ON IMPROVEMENT - 21ST AVENUE STREET AND UTILITY PROJECT. WHEREAS, pursuant to resolution of the Council adopted November 24, 1997, a report has been prepared by TKDA, Inc., with reference to the improvement of 21st Avenue by constructing watermain, sanitary sewer, storm sewer and street, and this report was received by the council on January 26, 1998, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Lino Lakes City Charter at an estimated total cost of the improvement of $. 2. A public hearing shall be held on such improvement on the 23rd day of February, 1998, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 26th day Marilyn . Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. • • • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-08 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN THE JOINT POWERS AGREEMENT WITH CENTERVILLE FOR 21 ST AVENUE IMPROVEMENTS AND MAINTENANCE. WHEREAS, a portion of the 21st Avenue Street and utility Project is within the corporate boundaries of Lino Lakes and a portion of the project is within the corporate boundaries of Centerville, WHEREAS, Minnesota Statutes, Section 471.59, allows Cities to enter into Joint Powers Agreements, AND WHEREAS, the City of Lino Lakes and the City of Centerville acknowledge and agree that improving 21St Avenue benefits both Cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY • OF LINO LAKES, MINNESOTA: 1. hereby authorize and direct the Mayor and City Clerk to sign the Joint Powers Agreement with Centerville for 21st Avenue Improvements and Maintenance. Adopted by the City Council this 26th d '---ii7p4a P&L 44,1, Marilyn G. Anderson Clerk -Treasurer •y •, uaa �. Sul g an, Mayor 98 The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal. Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-09 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - LAKE DRIVE TRUNK UTILITY IMPROVEMENTS FROM 79TH STREET TO MAIN STREET AND MAIN STREET FROM LAKE DRIVE TO LINO LAKES ELEMENTARY SCHOOL. WHEREAS, a resolution of the City Council adopted the 13th day of October 13, 1997, fixed a date for a council hearing on the proposed improvement of Lake Drive from 79th Street to Main Street and along Main Street from Lake Drive to Lino Lakes Elementary School by constructing watermain and sanitary sewer, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 24th day of November, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 13th day of October, 1997. 3. SEH, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 26 1 : k;/46 -1/L, Maril'n G. Anderson, Clerk -Treasurer Ki llivan, 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, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. • • • • Council Member Bergeson its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 9$- 10 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, BLACKDUCK DRIVE LIFT STATION WHEREAS, the existing lift station located on Blackduck Drive is deficient in design, WHEREAS, the Lino Lakes Capital Improvement Plan includes the upgrade of the Blackduck Drive lift station in year 2000, WHEREAS, the City Council of Lino Lakes has ordered the Lakes Addition Street Reconstruction Project that is adjacent to the Blackduck Drive lift station, AND WHEREAS, there are certain benefits to constructing a new lift station at the same time as the Lakes Addition Street Reconstruction Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. SEH, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 26th day of a uary, 1998. K. :-rly',, ullivan, Mayor Maf•ilyn 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, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was duly passed and adopted. Council Member Lyden its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98 - 11 RESOLUTION AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR TO SUBMIT A LOAN OR GRANT APPLICATION FOR METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES INFLOW/INFILTRATION CONTROL PROJECTS WHEREAS, the Metropolitan Council Environmental Services is inviting communities to apply for loans or grants for Inflow/Infiltration Control Projects, AND WHEREAS, the City of Lino Lakes has Inflow and Infiltration of clear water into its sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby authorize and direct the Public Works Director to apply for loan and grants offered by the Metropolitan Council Environmental Services for Inflow/Infiltration Control Projects Adopted by the Lino Lakes City Council this Marilyn G. Anderson, Clerk -Treasurer Sullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was duly passed and adopted. • • •