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HomeMy WebLinkAbout02/09/1998 Council MinutesCOUNCIL MINUTES CITY OF LINO LAKES MINUTES FEBRUARY 9, 1998 Staff members present: Interim City Administrator, David Pecchia; Assistant to the City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; and Environmental Coordinator, Marty Asleson Mayor Sullivan repeated the guidelines for Council meeting conduct, referencing compliance with Roberts Rules of Order, the City Code, and the City Charter. She reminded everyone of the time limits for speaking under Open Mike, adding that the basic requirement for addressing City Council is that all who speak maintain a respectful demeanor. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: January 26, 1998 DISBURSEMENTS: January 30, 1998 ($5,785.55) Approved February 9, 1998 (Checks No. 49943 - 50036, $313,258.25) Approved Centennial Fire District, January 20, 1998 Approved COUNCIL MINUTES FEBRUARY 9, 1998 RESOLUTION NO. 98 -14 AUTHORIZING THE ISSUANCE OF 1998 CERTIFICATES OF INDEBTEDNESS OPEN MIKE No one appeared under Open Mike. Approved SECOND READING, ORDINANCE NO. 29 - 97 AMENDING CITY CODE BY REMOVING CERTAIN SECTIONS OF CHAPTER NO. 207 FOR MORE EFFICIENT ADMINISTRATION OF HUMAN RESOURCES MANAGEMENT, DAN TESCH Mr. Tesch explained that this ordinance was presented for first reading in October of 1997. Its purpose is to replace Section 207 of the City Code based upon consultation with neighboring municipalities, which section deals with the City's personnel policies. Council Member Bergeson moved to approve Ordinance No. 29 - 97, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Ordinance No. 29 - 97 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 98 -15, DESIGNATION OF COMMUNITY • DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-99, PAULA SCHLOER Ms. Schloer stated that the City held a public hearing on January 12, 1998 to allow the citizens and agencies of Lino Lakes the opportunity to request Community Development Block Grant dollars. She added that the City currently has $34,801 for 1998-99 activities. Ms. Schloer presented the following allocation of these funds as recommended by Council: Anoka County Community Action Program $ 3,400 Alexandra House 4,000 Community Emergency Assistance Program 1,000 Forest Lake Youth Service Bureau 5,000 Meals -on -Wheels 1,885 ARC of Anoka and Ramsey Counties 1,000 Lino Lakes Senior Citizen Coordinator Program 18,516 Ms. Schloer explained that 13% of the overall County grant may be allocated towards public services and 20% towards planning projects. There remains the possibility that after grant requests have been submitted the County may respond with cuts should these percentages be exceeded. • 2 • COUNCIL MINUTES FEBRUARY 9,1998 Mayor Sullivan asked if it would be necessary to bring this matter back to a work session. Ms. Schloer responded that in the event the County disagrees with the recommended allocations, this issue will need to be brought back to a Council work session. Council Member Lyden moved to adopt Resolution No. 98 - 15, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 15 can be found at the end of these minutes. ENVIRONMENTAL COORDINATOR'S REPORT, MARTY ASLESON Consideration of Appointing Consulting Firm to Conduct Environmental Inventory - Mr. Asleson provided the following background for this item: Requests for proposals were sent out to solicit a consultant for the purpose of developing an inventory of the natural resources in Lino Lakes and to develop a management plan for these resources. Proposals were reviewed by Staff and the Environmental Committee, and interviews were conducted with the following three consulting agencies: Bonestroo, BRW, and Brauer/Applied Ecological Services. The Environmental Committee met on February 3 to make the final decision. Brauer/Applied Ecological Services was chosen. Mr. Asleson indicated that J. P. Houchins was present at the meeting to respond to any questions • by Council. Council Member Bergeson pointed out that originally a different firm was presented, and Council asked that other firms be investigated, primarily for the purpose of comparing proposed costs. Mr. Houchins explained that the first firm was presented as an example, and was not intended as a final recommendation. Mayor Sullivan asked that Mr. Houchins express to the Environmental Affairs Committee Council's appreciation for the sincere efforts regarding this important issue. Council Member Lyden moved to approve appointment of Brauer/Applied Ecological Services to conduct environmental inventory. Council Member Dahl seconded the motion. Mr. Houchins requested clarification as to the process from this point forward. City Attorney Hawkins responded that the next step is to receive a contract for the City's review, with the final document presented to Council for final approval. Council Member Lyden expressed concern for the timeliness of this project. Mr. Hawkins indicated that time limits can be added to the contract, and Mr. Houchins stated that discussions had taken place regarding the City's timetable in light of the Comprehensive Plan. Council Member Bergeson added the two-year budget consideration, and Mr. Houchins assured the group that the process will take at least two years. COUNCIL MINUTES FEBRUARY 9,1998 Mayor Sullivan asked if the contract could be negotiated within the next week. Mr. Hawkins indicated that there should be no problem, so long as a contract is provided right away. Motion carried unanimously. LCMR Greenway Resubmittal for Clearwater Creek - Mr. Asleson explained that the Clearwater Creek Greenway Grant Proposal is a cooperative project involving the cities of Hugo, Lino Lakes, Centerville, Anoka County Parks, and the Rice Creek Watershed District. The total biennial project budget is $1,300,000 in addition to Rice Creek Watershed's contribution. Lino Lakes' contribution is factored at $250,000, and is calculated as project costs for the greenway including land acquisition, surface water management and water quality improvement engineering and development, vegetation establishment, and trail construction. He added that this grant request was submitted to the Legislative Commission on Minnesota Resources (LCMR) last year and, although not funded, found support at the Commission hearings. The grant has been revised and upon Council approval will be resubmitted to the LCMR for fiscal year 1999 funding. The deadline for submission of this grant is February 13. Council Member Bergeson asked if Centerville's location change has the effect of diminishing Lino Lakes' eligibility for this grant. Mr. Asleson explained that Centerville's change enhances Lino Lakes' ability to receive the grant, as delay would only result in a greater chance of losing this greenway. Mayor Sullivan asked about the funding for purchase of the Lino Lakes land designated for the greenway. Mr. Asleson responded that the funds would come from the surface water management matching funds. Mayor Sullivan also asked about agreements with the present landowners, to which Mr. Asleson responded tentative agreements have been reached. Mayor Sullivan suggested that Mr. Wessel be provided with information regarding this matter for inclusion in the Comprehensive Plan prior to taking it to the neighborhoods. Mr. Asleson indicated that he would work with Mr. Wessel in this regard. Council Member Bergeson moved to approve the request to resubmit the Clearwater Creek Greenway grant proposal to LCMR. Council Member Lyden seconded the motion. Motion carried unanimously. DISCUSSION OF FIRE FIGHTER PENSION, MILO BENNETT Mr. Bennett explained that the firefighter pension fund investments have been fruitful, and that the fund can support a benefit increase from $2,400 per year of service to $3,000 per year of service. He introduced Des Ingland, President of the relief association, and Jerry Peterson, treasurer. Mr. Bennett added that the Fire District Steering Committee has approved the proposed increase. Council Member Bergeson asked if the calculations leading to the proposed increase were reviewed by an actuary or some other pension professional. Mr. Bennett explained that by 4 • • COUNCIL MINUTES FEBRUARY 9,1998 paying only a lump -sum pension, an actuarial is not required. However, he added that the formulas used are dictated by State law, and Mr. Peterson added that an official audit is conducted annually. Mayor Sullivan noted that Mr. Bennett had received very high praise from members of the Quad Cities Mayors' group at its recent meeting, and thanked Mr. Peterson for his management efforts. Council Member Lyden moved to approve the Fire Fighter Pension increase, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 -16, Authorize Advertisement for Bids, Lilac Street Utility Extension Project - Mr. Ahrens explained that the Lilac Street Utility Extension Project includes the extension of sanitary sewer and water main along Lilac Street from Fourth Avenue to Apollo Drive. The public hearing and ordering of plans and specifications for this project took place on July 28, 1997. The plans and specifications were approved and advertisement for bids was authorized on August 25, 1997. Bids were received on October 27, 1997 and, per Staff's recommendation, the bids were rejected as being too high. At that time Staff recommended that the project be readvertised this Spring, and adoption of Resolution No. 98 - 16 would allow Staff to go forward with that process. Mr. Ahrens described this project as installation of 12" water main and sanitary sewer along Lilac Street that would serve properties both north and south of Lilac. At present, only those parcels lying south of Lilac are within MUSA boundaries; therefore, they would be able to connect to the sanitary sewer system. Mr. Ahrens mentioned Boe Ornamental and Lino Blacktop as two businesses which previously received site plan approval to expand and will require this municipal utility service. The project is estimated to cost $180,162.75, and funding is proposed through the City's area and unit fund with assessments and connection charges collectable from property owners as they connect. Assuming Council approval at this time, Mr. Ahrens indicated that bid opening would take place on March 17 with the contract awarded on March 23; construction would begin on April 6, and be completed in June. Council Member Bergeson asked if the Fourth Avenue parcels 9, 10 and 11 already have improvements. Mr. Ahrens explained that there is an existing water main and sanitary sewer which extends from Apollo Drive north on Fourth Avenue west toward the Behm's Century Farms development which serves those parcels. Mayor Sullivan asked if in the future the area north of Fourth Avenue would be designated as MUSA. Mr. Wessel indicated that the intent is to have the area north included in MUSA. Mr. Ahrens added that Molin Concrete is considering using municipal service following its proposed expansion, assuming MUSA designation occurs. COUNCIL MINUTES FEBRUARY 9, 1998 Council Member Bergeson moved to adopt Resolution No. 98 - 16, as presented. Council Member Dahl seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 98 - 16 can be found at the end of these minutes. Consideration of Professional Services Agreement Between Lino Lakes and BRW, Inc. - Mr. Ahrens explained that Staff is requesting Council authorization to enter into a professional services agreement with BRW, Inc., a multi -discipline engineering firm providing civil engineering, environmental engineering, planning, and other professional services. Past experience with BRW's municipal and environmental engineering groups has been very positive. The reason for this request is due to increased demand upon the consulting engineers currently employed by the City, creating difficulty in meeting deadlines and maintaining the City's quality standards. According to Mr. Ahrens, BRW has completed previous work for Lino Lakes, including wetland delineation reports for the Village site and the Clearwater Creek Business area, as well as the Street Reconstruction Program Report. Council Member Dahl asked if the City has ever retained any other engineering consultant. Mr. Ahrens could not recall any others, and indicated that BRW promises to be a worthy addition to the present consulting staff. Mayor Sullivan asked if perhaps the City may need to consider adding to its Staff in this area. Mr. Ahrens indicated that he has considered Staff adjustments in plans for the future, but that there would be no financial gain to adding Staff as opposed to adding a consulting firm. Council Member Bergeson moved to approve an agreement for professional services between Lino Lakes and BRW, Inc. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS - None. COMMUNITY CALENDAR Planning & Zoning Board Meeting, Wednesday, February 11, 1998, 6:30 p.m. Quail Ridge Park Master Planning -2nd Meeting, Thursday, February 12, 1998, 6:30 p.m., Fire Station City Hall Closed, Monday, February 16, 1998 Citizens' Advisory Group, Tuesday, February 17, 1998, 7:00 p.m. Friends of the Park, Tuesday, February 17, 1998, 7:00 p.m. Council Work Session, Wednesday, February 18, 1998, 5:30 p.m. 6 • • • • COUNCIL MINUTES FEBRUARY 9,1998 Charter Commission/City Council Meeting, Thursday, February 19, 1998, 8:00 p.m. (following the Comprehensive Plan Meeting) Comprehensive Plan Meeting, Thursday, February 19, 1998, 6:00 p.m. Comprehensive Plan Task Force/Citizens' Advisory Group Public Forum, Saturday, February 21, 1998, 9:00 a.m. Mayor Sullivan encouraged citizen attendance at these meetings to ensure that the plans for the City's development are being carried out according to their understanding and satisfaction. NEW BUSINESS - None. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 7:02 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at t r:t; i lar Counc eeting, February 23, 1998. Makilyyn Anderson, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. hih4A, "Irl . w Ivan, Mayor Council member Lyden introduced the following resolution and move its • adoption: CITY OF LINO LAKES RESOLUTION NO. 98-14 RESOLUTION AUTHORIZING THE ISSUANCE OF 1998 CERTIFICATES OF INDEBTEDNESS WHEREAS, the 1998 budget called for the issuance of certificates amounting to $287,734, and WHEREAS, the Area and Unit Fund (406) has sufficient reserves to issue a loan, and WHEREAS, a special levy will pay for these certificates in 1999, 2000 and 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Improvement Project Fund (401), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $287,734 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 1998 and shall be payable• to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 1998 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Improvement Project Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes, the sum of $287,734 plus interest at 6% per annum in three installments in 1999, 2000 and 2001 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated February 9, 1998 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of February 1, 1998. It is Hereby Certified and Recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal an interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed ancyfil) constitutional or statutory limitation on indebtedness. • Page 2 Adopted by the City Council of Lino Lakes, Minne p\Q�.K The motion for' he adoption of the foregoing resolution was duly seconded by Bp rgPcnn and upon vote being taken thereon, the following voted in favor thereof: 9t d -$1 o February,1998. �- rly A. u Ivan, Mayor The following voted against same: Where upon said resolution was declared duly passed and adopted: • Page 3 December 31, 1998 December 31, 1999 December 31, 2000 Total Interest Rate - 6% Levy 1998 Payable 1999 Levy 1999 Payable 2000 Levy 2000 Payable 2001 SCHEDULE OF PAYMENTS 1998 CERTIFICATES OF INDEBTEDNESS- $287,734 FEBRUARY 1, 1998 PRINCIPAL INTEREST TOTAL $ 95,734.00 $33,052.00 $128,786.00 96,000.00 11,520.00 107,520.00 96,000.00 5,760.00 101,760.00 $287,734.00 $50,332.00 $338,066.00 $135,225.00 (includes 5% overlevy) 107,520.00 101,760.00 Total $344,505.00 • • • • Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 29-97 AN ORDINANCE REPEALING SECTION 207 OF THE CITY CODE AND REPLACING IT WITH THE FOLLOWING: 207.01 Appointments. The city council shall make every appointment to a regular position of city employment. Each appointment shall be based on merit and qualifications for the position as determined by the city administrator. 207.02 Holidays. The following shall be the official holidays for the city, and no official business shall be conducted on them: New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; President's day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; the Friday after Thanksgiving Day; Christmas Eve, December 24; Christmas Day, December 25; and New Years Eve Day, December 31. The holidays which fall on a Saturday will be observed the preceding Friday. Those which fall on a Sunday will be observed the following Monday. 207.03 Discipline. Discipline for all city employees shall be fair and consistent, and administered according to the steps as proscribed in the city's personnel policy or bargaining agreement, whichever might apply. 207.04 Administration. The city administrator may establish such administrative policies and procedures as may be appropriate to administer the employment practices of the city. All city employees shall comply with these policies and rules. 207.05 Compensation Plan. The city administrator will establish and maintain a compensation plan for all regular positions which will be reviewed and approved by the city council on an annual basis. 207.06 Indemnification. The city or its insurance carrier will defend and indemnify all of its officers and employees, whether elective or appointive, against any claim or demand arising out of an alleged act or omission occurring in the performance of their official duties or employment. If judgment is rendered in favor of the officer or employment, any judgment for costs and disbursements shall be assigned to the city, and all monies collected shall be paid to the city. The provisions of this section requiring indemnification do not apply in cases of intentional tort, malfeasance in office, or willful or wanton negligence. In those cases, the city council may indemnify the officer or employee if it finds such action to be in the public interest. Indemnification under this paragraph is subject to the liability limits imposed by MN Stat. 466.05 and any other relevant statutes. 207.07 Prohibitions. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certificate or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud impending the impartial execution of the city's employment policies. No person seeking employment to or promotion in the municipal service shall directly or indirectly give, render or pay any money, service or other valuable consideration to any person for, on account of, or in connection with his/her test, proposed appointment, promotion or proposed promotion, 207.08 Background Investigations. Upon the request of the city administrator or designee, the Lino Lakes Police Department or the Bureau of Criminal Apprehension must provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for city positions of employment. The city administrator or designee must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes t 9 day of :bruary, 1998. Kim.' y Al Sullivan, Mayor ATTEST: Jean er, Deputy Clerk • • • • The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: The following voted against same: none . Whereupon said ordinance was duly passed and adopted. • Council Member Lyden resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-15 introducedhe followie A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-1999. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1998-1999 in the amount of $34,801.00 ($35,801.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and • WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and WHEREAS, The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals, and WHEREAS, The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and • • Page 2 Resolution 98-15 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $3,400.00 of its 1998-1999 C.D.B.G. funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $4,000.00 of its 1998-1999 C.D.B.G. funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. • 5. That the Lino Lakes City Council hereby requests that $1,885.00 of its 1998-1999 C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. That the Lino Lakes City Council hereby requests that $18,516.00 of its 1998- 1999 C.D.B.G. funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 98-15 Adopted by the Lino Lakes City v the a • The motion foroption of the foregoing resolution was duly seconded by Council Member Bercxeson and upon vote being taken thereon, the following voted in favor thereof: and 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. 98-16 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS - LILAC STREET UTILITY EXTENSION WHEREAS, pursuant to a resolution passed by the Council on August 25, 1997, the City Council of Lino Lakes has approved plans and specifications for the improvement of Lilac Street between Fourth Avenue and Apollo Drive by constructing watermain and sanitary sewer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, March 17, 1998, 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, March 23, 1998, 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 9th 98. Ki ullivan, 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: The following voted against same:Lyden 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 February 9, 1998. • • • Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 29-97 AN ORDINANCE REPEALING SECTION 207 OF THE CITY CODE AND REPLACING IT WITH THE FOLLOWING: 207.01 Appointments. The city council shall make every appointment to a regular position of city employment. Each appointment shall be based on merit and qualifications for the position as determined by the city administrator. 207.02 Holidays. The following shall be the official holidays for the city, and no official business shall be conducted on them: New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; President's day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; the Friday after Thanksgiving Day; Christmas Eve, December 24; Christmas Day, December 25; and New Years Eve Day, December 31. The holidays which fall on a Saturday will be observed the preceding Friday. Those which fall on a Sunday will be observed the following Monday. 207.03 Discipline. Discipline for all city employees shall be fair and consistent, and administered according to the steps as proscribed in the city's personnel policy or bargaining agreement, whichever might apply. 207.04 Administration. The city administrator may establish such administrative policies and procedures as may be appropriate to administer the employment practices of the city. All city employees shall comply with these policies and rules. 207.05 Compensation Plan. The city administrator will establish and maintain a compensation plan for all regular positions which will be reviewed and approved by the city council on an annual basis. 207.06 Indemnification. The city or its insurance carrier will defend and indemnify all of its officers and employees, whether elective or appointive, against any claim or demand arising out of an alleged act or omission occurring in the performance of their official duties or employment. If judgment is rendered in favor of the officer or employment, any judgment for costs and disbursements shall be assigned to the city, and all monies collected shall be paid to the city. The provisions of this section requiring indemnification do not apply in cases of intentional tort, malfeasance in office, or willful or wanton negligence. In those cases, the city council may indemnify the officer or employee if it finds such action to be in the public interest. Indemnification under this paragraph is subject to the liability limits imposed by MN Stat. 466.05 and any other relevant statutes. 207.07 Prohibitions. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certificate or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud impending the impartial execution of the city's employment policies. No person seeking employment to or promotion in the municipal service shall directly or indirectly give, render or pay any money, service or other valuable consideration to any person for, on account of, or in connection with his/her test, proposed appointment, promotion or proposed promotion, 207.08 Background Investigations. Upon the request of the city administrator or designee, the Lino Lakes Police Department or the Bureau of Criminal Apprehension must provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for city positions of employment. The city administrator or designee must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes t 9 day of bruary, 1998. gfft4�. Kim DIT y A) Sullivan, Mayor ATTEST: Jean er, Deputy Clerk • • • • The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: The following voted against same: none . Whereupon said ordinance was duly passed and adopted. • • Council member Lynpn introduced the following resolution and move its Ill adoption: CITY OF LINO LAKES RESOLUTION NO. 98-14 RESOLUTION AUTHORIZING THE ISSUANCE OF 1998 CERTIFICATES OF INDEBTEDNESS WHEREAS, the 1998 budget called for the issuance of certificates amounting to $287,734, and WHEREAS, the Area and Unit Fund (406) has sufficient reserves to issue a loan, and WHEREAS, a special levy will pay for these certificates in 1999, 2000 and 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Improvement Project Fund (401), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $287,734 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 1998 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 1998 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Improvement Project Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes, the sum of $287,734 plus interest at 6% per annum in three installments in 1999, 2000 and 2001 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated February 9, 1998 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of February 1, 1998. It is Hereby Certified and Recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed any constitutional or statutory limitation on indebtedness. • • • Page 2 Adopted by the City Council of Lino Lakes, Minne • = 's 9t o February, 1998. Tr, 1...4441 J. A. u Ivan, Mayor The motion forlhe adoption of the foregoing resolution was duly seconded by RPrgPGrin and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: • Page 3 December31, 1998 December 31, 1999 December 31, 2000 Total Interest Rate - 6% Levy 1998 Payable 1999 Levy 1999 Payable 2000 Levy 2000 Payable 2001 SCHEDULE OF PAYMENTS 1998 CERTIFICATES OF INDEBTEDNESS- $287,734 FEBRUARY 1, 1998 PRINCIPAL INTEREST TOTAL $ 95,734.00 $33,052.00 $128,786.00 96,000.00 11,520.00 107,520.00 96,000.00 5,760.00 101,760.00 $287,734.00 $50,332.00 $338,066.00 $135,225.00 (includes 5% overlevy) 107,520.00 101,760.00 Total $344,505.00 • • • • Council Member Lyden introducedhe following resolution and moved its adoption: • • CITY OF LINO LAKES RESOLUTION 98-15 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-1999. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1998-1999 in the amount of $34,801.00 ($35,801.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and WHEREAS, The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals, and WHEREAS, The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and Page.2 Resolution 98-15 • NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $3,400.00 of its 1998-1999 C.D.B.G. funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $4,000.00 of its 1998-1999 C.D.B.G. funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. 5. That the Lino Lakes City Council hereby requests that $1,885.00 of its 1998-1999 • C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 7. That the Lino Lakes City Council hereby requests that $18,516.00 of its 1998- 1999 C.D.B.G. funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 8. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. • • Page 3 Resolution 98-15 Adopted by the Lino Lakes City o/1, 1 hisla of February, 1998. Will an, Mayor The motion for the Member in favor thereof: e option of the foregoing resolution was duly seconded by Council Bergeson andupon vote being taken thereon, the following voted and 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. 98-16 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS - LILAC STREET UTILITY EXTENSION WHEREAS, pursuant to a resolution passed by the Council on August 25, 1997, the City Council of Lino Lakes has approved plans and specifications for the improvement of Lilac Street between Fourth Avenue and Apollo Drive by constructing watermain and sanitary sewer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, March 17, 1998, 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, March 23, 1998, 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 9th da 98. K ullivan, 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: The following voted against same:Lyden 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 February 9, 1998. •