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HomeMy WebLinkAbout02/23/1998 Council Minutes• COUNCIL MINUTES FEBRUARY 23, 1998 CITY OF LINO LAKES MINUTES DATE : February 23, 1998 TIME STARTED : 6:31 P.M. TIME ENDED : 9:54 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, Neal, and Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; and Planning Consultant Robert Kirmis and Engineering Consultant, John Powell SETTING THE AGENDA Ms. Wyland requested that Agenda Item No. 6.C., Resolution 98 - 26, Supporting Advertising Signs in the R -Br Zoning District, be deleted. Mayor Sullivan added Agenda Item No. 10.A., Office Lease Agreement, Tschida Excavating. 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: February 9, 1998 DISBURSEMENTS: February 23, 1998 (Checks No. 50049 - 50143, $217,372.27) Centennial Fire District, February 18,1998 Partial Payment No. 2, Northern Escrow, Inc. • RESOLUTION NO. 98 - 24, FINAL PAYMENT, PUBLIC WORKS BUILDING Approved Approved Approved Approved COUNCIL MINUTES FEBRUARY 23, 1998 Mayor Sullivan, on behalf of the entire Council, recognized Chief Pecchia's efforts in his additional role as Interim City Administrator, as well as the commendable effort by the Economic Development Department with regard to its recent citizens' forum. OPEN MIKE No one appeared under Open Mike. POLICE DEPARTMENT REPORT, DAVID PECCHIA Consideration of Resolution No. 98 - 18 Accepting Donation from Centennial Fire Relief Association and the Lexington Fire Department for Rice Lake Elementary School Safety Patrol Event - Chief Pecchia explained that the Centennial Fire Relief Association donated $235 and the Lexington Fire Department donated $100 to the Lino Lakes Police Department for use in the Rice Lake Elementary School Safety Patrol Program. These funds will be used for patrol recognition day, at which time elementary patrol members from throughout the Centennial School District will be treated to an afternoon of roller skating. Council Member Lyden moved to adopt Resolution No. 98 - 18, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 18 can be found at the end of these minutes. Consideration of 1997 Annual Police Department Report - Chief Pecchia introduced Police Officer Ken Strege, who presented the 1997 statistical review which, according to Chief Pecchia, represents a concentrated effort data illustrating the Police Department's service during that time period. Chief Pecchia added that in 1997 the Department continued to experience unprecedented growth in the areas of personnel resources, professional development, and community involvement. He added that the community policing philosophy continues to be implemented throughout the City, resulting in the enhancement of numerous programs including the McGruff House, Neighborhood Watch, Crime Free Multi Housing, Curfew Sweeps, Bicycle Patrol, and, most noteworthy, the 2nd Annual Public Safety Citizens Academy. The Public Safety Citizens Academy consisted of a six-week program identifying the challenges and opportunities facing Lino Lakes with respect to public safety. The Academy was a joint effort of the Centennial Fire District and the Lino Lakes Police Department. Chief Pecchia explained that four (4) additional officers were hired to enhance the patrol staff and community policing initiatives. Additionally, an emergency management natural disaster exercise was planned, prepared for and completed by utilizing the resources of several neighboring public safety agencies, including the Department of Corrections at the Lino Lakes State Prison. Chief Pecchia stated that the Department continued to enhance both "volunteerism" within the community by adding six (6) additional reserve officers, and policing capabilities through the addition of a snowmobile donated by a multiple DWI offender for use by patrol and reserve officers. 2 • • • • COUNCIL MINUTES FEBRUARY 23, 1998 The Police Department continues to strive to meet its goals and objectives and to adhere to its Mission and Value Statements while realizing that any future successes are based solely upon the Department's ability to enlist citizen support as police standards are raised and challenged. Chief Pecchia added the Police Department graciously accepts the challenge and looks forward to continued Council support and cooperation in the never-ending search for excellence. At the present time the Police Department consists of 18 full-time police officers (1 chief of police, 3 sergeants, 1 investigator, 1 youth resource officer, and 1 DARE officer), 2 full-time and 1 part-time clerical positions, and 1 community service officer. Eighteen reserve officers are authorized. Chief Pecchia explained that the Department is in the process of utilizing the precinct policing concept, which provides for officers and supervisors to be assigned to the voting precincts within the City to deal with neighborhood issues. Sergeant Strege then, through use of visual aids, reviewed the Lino Lakes Police Department Mission Statement, its Values Statement, the Department's 1997 goals, personnel changes, use of federal and state grants, general and reserve activities, training, and statistical comparisons of alarms, assault, auto theft, residential and nonresidential burglary, auto accidents, careless and reckless driving, criminal sexual conduct, curfew violation, domestic assault, DUIs, fatalities, homicide, juvenile alcohol/tobacco violations, medicals, narcotics violations, personal injury accidents, property damage accidents, public assistance requests, calls for service, robberies, snowmobile thefts, suspicious activities, theft, threats, traffic citations, traffic warnings, and weapons violations over the past few years. Highlights of this presentation were the Department's ongoing efforts to enhance volunteerism through the addition of five (5) reserve officers who donated more than 3,000 hours of service, review and revision of hunting and snowmobiling ordinances by both the City and the Police Department as well as the creation and implementation of new pawn broker and parking ordinances, and continuing efforts to improve communication through team building meetings with City Staff, enhancement of monthly crime watch newsletters to neighborhood watch groups, utilization of the City quarterly newsletter, and presentation of meetings and video tapes regarding public safety through the cable television service. Council Member Lyden mentioned the increase in incidence of house alarm calls, asking if this represents concern to the Police Department. Officer Strege explained that the increase in calls does not represent a burden to the Department. In most cases no unauthorized entry is involved but it is better to respond to a suspicious call with no necessity for arrest than to be unaware of a legitimate break-in. Council Member Neal pointed out that other communities charge a fee for responding to house alarm calls, asking if this is the policy for Lino Lakes. Officer Strege explained that the first three (3) calls within any calendar year are free of charge. However, a fee is involved for subsequent calls. Chief Pecchia stated that in April of this year the Department hopes to have Minnesota State statistics available for use in creating a comparative study between Lino Lakes and neighboring communities, which will ultimately result in a supplemental report to Council. COUNCIL MINUTES FEBRUARY 23, 1998 Mayor Sullivan expressed Council's overall admiration and appreciation for the Police Department's dedication to efficiency and to a safe environment for Lino Lakes. CONSIDERATION OF RESOLUTION NO. 98 25 ADOPTING GUIDELINES FOR PROMOTIONAL EXPENSE REPORTING, DAN TESCH Mr. Tesch explained that Resolution No. 98 - 25 is a follow-up to recent action by Council regarding updating the City's personnel policies. He indicated that this Resolution creates a policy regarding reimbursement for expenses incurred by the City Administrator, Community Development Director, and Mayor resulting from conference and convention attendance for community promotional purposes. He added that other City employees might also be able to take advantage of this policy. Mr. Tesch stated that each year the promotional expense fund would appear as a line item on the annual budget, and the use of funds would be approved with approval of the overall budget with implementation authorized through the filing of individual expense reports, which should include receipts for out-of-pocket expenses and which must be filed within 30 days of the attended event. Prohibitions would be consistent with the provisions of Minnesota Statute 471.895, with a City policy prohibiting consumption of alcoholic beverages while acting in official capacity, as well as reimbursement of expenses associated with meals for paid consultants. Council Member Lyden asked if a meeting between an authorized individual and a City employee for the purpose of performance review would be covered by this policy. Mr. Tesch indicated that it would not. Council Member Bergeson asked about reimbursement for travel and related expenses. Mr. Tesch explained that an additional policy is in the development process which will cover these items. Council Member Lyden moved to adopt Resolution No. 98 - 25, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 25 can be found at the end of these minutes. PUBLIC HEARING, 21ST AVENUE STREET AND UTILITY IMPROVEMENTS Mr. Ahrens introduced John Powell of TKDA, who described the findings of the feasibility report for this project. Mayor Sullivan opened the public hearing at 7:00 p.m. Mr. Powell explained that the location for this proposed project is at the southwest corner of 1- 35E and Main Street. The feasibility report was ordered and prepared in response to pressures for commercial, industrial and general development in this area, with primarily direction toward 4 • • • COUNCIL MINUTES FEBRUARY 23, 1998 the provision of sanitary sewer, water main and roadway service. Mr. Powell reviewed the present status of this area, explaining that a lift station and sanitary sewer service was located east of the freeway, but not west of the freeway. Mr. Powell made Council aware that he received a communication from the Metropolitan Council. They prefer to serve this area by extending a gravity trunk sanitary sewer along Cedar Street from 20th Avenue to the eastern city limits and beyond by January 1, 2000. However, elevation will not permit connection to a gravity sewer, and the Metropolitan Council has indicated that it can only lower the line approximately five (5) of the necessary 12 feet. Additionally, a lift station would be required for the area to the north. The other option, according to Mr. Powell, is to install a lift station within the project area and extend a force main either to the future trunk or to another lift station. Since time is of the essence, the recommended course of action is to install a lift station on 21st Avenue with an 8 -inch force main along the north side of Cedar Street, jacking under I -35E, stringing the force main within a carrier pipe. The lift station would be installed along the east side of 21st Avenue approximately 400 to 500 feet south of the creek. Mr. Powell pointed out that this method is common for dealing with elevation discrepancies. Although the proposed utilities will be located along a roadway which divides Lino Lakes and Centerville, they will be installed in Lino Lakes. Mr. Powell explained that impact to the existing residence along the proposed utility route will be minimal, and that a 10 -foot right-of- way across that property would be required. He also explained that an 8 -inch stub for both sanitary sewer and water main would be extended to Northern Lights Boulevard within the Clearwater Creek Business Center. Roadway improvements would include a barrier curb, storm drainage to ponds that would overflow into Clearwater Creek, 12 -foot turn lanes to allow for turning onto 21st Avenue on both the east and west sides, and a 10 -ton design structure. Mr. Powell reviewed the costs involved in this project, which are contained in the feasibility report. The construction costs involved for the sanitary sewer would be $419,914 plus $62,690, $221,110 for the water main, $523,160 for the roadway, and $137,891 for the storm sewer. The total cost for the project is estimated to be $1,951,600. A joint powers agreement is required between Centerville and Lino Lakes for the roadway improvements, with costs of approximately $945,303 to be divided equally between the two cities. A draft agreement is attached to the feasibility report. In order to align with the overall Clearwater Creek Business Center development schedule, phasing has been discussed with the developer. Sharing of responsibility between the City and the developer is also being considered. Owners of property abutting the improvements will be assessed for lateral costs only, totaling $109,040 over assessable front footage, or $27.89 per front foot. Water main lateral costs only total $164,520, for $42.08 per front foot, and storm sewer and roadway, $472,650, or $120.88 COUNCIL MINUTES FEBRUARY 23, 1998 per front foot. A preliminary assessment roll includes Clearwater Creek Business Center and the exception property. Total assessment to affected properties would be $1,347,768. Assuming the public hearing is closed at this time, construction would begin in the Spring and completed in the Summer, with an assessment hearing taking place this Fall. Council Member Lyden questioned design standards, and Mr. Powell explained that Lino Lakes follows MnDOT's design policy which provides for a lifetime of 20 to 25 years. Council Member Bergeson asked about the effect to the petition against the proposed improvements by the owners of the exception property. Mr. Ahrens explained that the subject property is Charter -exempt and, therefore, would fall under the provisions of Chapter 429. However, homestead property owners have the right to petition against improvements in Charter - exempt areas. Council Member Lyden expressed concern regarding responsibility involved with the shared roadway. Mr. Hawkins explained that the City maintains liability insurance, and that shared responsibilities and obligations will be set out in the joint powers agreement. Mayor Sullivan expressed appreciation to Mr. Powell for the content of his presentation. Council Member Neal moved to close the public hearing at 7:33 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Lyden raised the issue of remaining agreements described within the feasibility agreement, and Mr. Ahrens indicated that these would be brought to the next Council work session. Consideration of Resolution No. 98 - 23, Order Preparation of Plans and Specifications - Council Member Bergeson moved to adopt Resolution No. 98 - 23, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 23 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT Nol-Tec Systems, 425 Apollo Drive, Site Plan Review - Ms. Wyland explained this request by Nol-Tec Systems Inc. to add a 7,168 -square -foot office and a 8,360 -square -foot shop/warehouse to their office/assembly/warehouse facility was approved by the Planning & Zoning Board in April of 1995. In addition to this expansion, parking is proposed for increase by approximately 52 spaces for a total of 127. According to the City's Zoning Ordinance, a site plan review is required for this expansion. The following comment was provided: 1. Building and parking setback and height requirements have been met. 6 COUNCIL MINUTES FEBRUARY 23, 1998 2. The exterior is designed to match the existing structure in texture, type and color. 3. No additional signage is proposed. 4. Trash handling areas are to remain as shown on the original plan. 5. Parking expansion is proposed and will accommodate the proposed addition with a total of 127 parking spaces proposed. City Code requires approximately 96 spaces. Handicapped parking shall be provided according to the ADA Rules and Regulations. 6. No additional landscaping is proposed or required for this construction. 7. Grading and drainage plans are subject to the review and approval of the City Engineer. The Planning & Zoning Board reviewed this request at its February 11, 1998 meeting, and recommended approval with the following conditions: 1. Property building permits are obtained prior to construction. 2. Utility, grading and drainage plans are reviewed and approved by the City Engineer. 3. The CPTED Officer review the building plans prior to issuance of any building permits. 4. Handicapped parking shall be in accordance with ADA rules. 5. All rooftop heating and ventilating units are screened to blend with the existing rooftop. Mr. Wessel pointed out that Nol-Tec is representative of the type of business desired for the Apollo Business Park. Council Member Lyden expressed concern regarding drainage in light of the considerable amount of proposed paved surface. Ms. Wyland indicated that the requirement is for 10% green space. This requirement will be met. Mr. Wessel added that a storm drainage ditch exists which will accommodate the area. Mayor Sullivan asked if a process is in place to verify that the CPTED officer has reviewed and approved the building plans. Ms. Wyland explained that prior to issuance of the building permits Staff reviews the conditions to assure that they have been met. Council Member Bergeson moved to approve the site plan review for Nol-Tec Systems, contingent upon compliance with the conditions presented. Council Member Neal seconded the motion. Motion carried unanimously. • Telecommunications Ordinance - Ms. Wyland introduced Mr. Kirmis of Northwest Associated Consultants, who began by reviewing the origin of this ordinance, which is the increase in COUNCIL MINUTES FEBRUARY 23, 1998 demand for telecommunications service as well as the requirement for response to the 1996 Telecommunications Act. Mr. Kirmis then referred to the most recent draft ordinance, summarizing the following changes: 1. The definition of "short-wave radio transmitting and receiving antenna" has been expanded to include citizen band radios. 2. An administrative permit section has been added, which establishes that the Zoning Administrator must approve or deny permit applications within 30 days of application submission. Pursuant to the decision of the Planning & Zoning Board, the "certification of taxes paid" provision has been deleted. 3. The general standards for antennas (Section 3, Subd. 15.B) have been revised to address the following: a. The previous reference to tower locations on nonconforming lots has been eliminated. b. The previous section B-1 which prohibited the placement of an antenna or tower upon a nonconforming structure has been deleted. c. Section B.8 has been revised to reference collocation requirements of towers 75 feet in height or taller. d. A specific statement has been added stating that all towers must comply with applicable FAA regulations. 4. Personal wireless service antenna tower requirements in PSP zoning districts have been changed to mirror setback requirements imposed in industrial zoning districts. 5. The district provisions applicable to personal wireless service antennas have been expanded to include such antennas as "permitted secondary uses". 6. The ordinance has been revised to stipulate that new transmitting, receiving and switching equipment (associated with personal wireless service antennas) must be located within an equipment building or cabinet and comply with accessory building setback requirements. 7. Where permitted, the allowable height of new personal wireless service antenna towers has been increased from 100 feet to 140 feet. Towers providing collocation opportunities may be allowed up to 160 feet in height (previously allowed up to 120 feet). 8. Section 3, Subd. 4.0 of the Zoning Ordinance (Height Exceptions) has been amended to include personal wireless antenna towers. This issue should be subject to specific comment and recommendation by EDAAB. 8 • COUNCIL MINUTES FEBRUARY 23, 1998 9. Commercial and public radio and television transmitting antennas and public utility microwave antennas are allowed only in rural and industrial districts. The previous ordinance draft allowed such antenna types within business districts as well. Council Member Lyden asked how restrictive the proposed ordinance is on a scale of one to ten with ten being the most restrictive, to which Mr. Kirmis responded "ten", particularly in the area of new tower construction. Mr. Hawkins added that challenges against such ordinances result in a success rate of one out of twelve. Council Member Lyden asked if the proposed setback distance could be increased. Mr. Kirmis explained that the distance proposed is an attempt to arrive at a reasonable compromise between the City's desires and federal requirements. Mr. Hawkins added that specific hardship would be required to make the setback more restrictive. Council Member Bergeson asked Mr. Hawkins about the impact on the City and its ordinance should a successful challenge occur. Mr. Hawkins responded that should a particular provision of the ordinance be challenged, there would be an opportunity to amend that provision to comply with a court order. Council Member Lyden requested the definition of "existing structure". Mr. Kirmis referred to • the Zoning Ordinance, and Ms. Wyland read aloud the definition as follows: Anything which is built, constructed or erected. An edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Mayor Sullivan expressed appreciation that the Planning & Zoning Board referenced Council requests in evaluation of the proposed ordinance, specifically points raised by Mr. Dunn and Mr. Herr. She pointed out that reference to "intended character" will necessarily bring each installation request before the City for review. Ms. Wyland stated that specifically new towers will require conditional use permits, which inherently require such review. Council Member Lyden asked if it would be too restrictive to keep antennas out of residential areas completely. Council Member Bergeson asked about restrictions upon property owners against allowing installation of antennas upon existing structures. Ms. Wyland explained that such installation would be allowed, but with restrictions upon height. Council Member Dahl asked if antennas could be installed on homes, to which Mr. Kirmis responded the intent is that antennas be located on existing structures other than homes. Mayor Sullivan clarified that although the ordinance does not prohibit location of antennas on homes it does not encourage that application. COUNCIL MINUTES FEBRUARY 23, 1998 Council Member Bergeson pointed out that a church in another community may install an antenna which will be considerably less noticeable than a new tower. This would be an example of the sensibility of using an existing structure. Mr. Kirmis added that structures can be added, such as a church bell tower, which would house an antenna and blend with the existing structure. He also stated that in other parts of the country other types of camouflage is often used. Council Member Lyden asked if "existing structure" in residential areas could be defined within the ordinance as "non -home". Mr. Kirmis suggested that a provision could be added prohibiting installation of antennas on residences. Mr. Hawkins cautioned against further restriction to the ordinance. Mayor Sullivan suggested infringement upon property owner rights. Mr. Hawkins responded that service provider rights rather than those of property owners would be the primary consideration. Peter Beck of AT&T addressed Council, stating that generally he finds the ordinance to be favorable, but that it is currently extremely restrictive and that there might be the need to revisit certain provisions as installations are proposed. He added that in his experience installation is never recommended on single family residences, and that prohibiting such installation would not pose a problem. Council Member Dahl asked about the safety of towers. Mr. Beck explained that service providers are careful to properly ground antennas, as well as to construct towers which can withstand stress from other natural sources. He added that the radio waves emitted by the antennas would be significantly less than those from other communication sources. Council Member Dahl then asked about the number of antennas per structure. Mr. Beck responded that the intent is to install as many antennas on an existing structure as possible, and that typically there would be as many as three users per pole. Council Member Lyden moved to approve the February 16, 1998 draft ordinance amending the Lino Lakes Zoning Ordinance by establishing regulations for construction and placement of wireless communication towers, equipment and facilities with the added condition that installation be prohibited on single family residences. Council Member Dahl seconded the motion. Council Member Bergeson suggested that the only existing structures within Lino Lakes that could accommodate telecommunication antennas are water towers. Ms. Wyland stated that there are other existing structures that would be appropriate for antenna installation. Motion carried unanimously. Civic Campus Update, Interior Design Contract - Mr. Wessel explained that when the Leonard Parker Associates (TLPA) was selected as the architectural/engineering team for the proposed civic complex the firm's interior design capability and experience was a critical part of the approval decision. According to Mr. Wessel, Sarah Weiner, Director of Interior Architecture for TLPA, has been very much a part of the team and has made a significant contribution. He 10 COUNCIL MINUTES FEBRUARY 23, 1998 • added that approval of the interior design contract is appropriate and necessary to the integrity of the overall project schedule, and that Staff recommended approval for the following reasons: • 1. TLPA's familiarity with the project in that the interiors team has been heavily involved in the programming and preliminary design. 2. TLPA has developed and understands the budget for interior design, furniture and equipment. 3. TLPA has begun preliminary identification of appropriate furnishings as part of budget development, identifying State and GSA contracts. 4. TLPA continually conducts research and is current with the industry. 5. TLPA's interior group has demonstrated efficiency which should be retained in order to remain on schedule. 6. TLPA has already demonstrated its level of commitment to the entire project. Mr. Wessel stated that TLPA's proposed fee with respect to interior design is $41,800, which would cover such services as scheduling, program verification, space planning and layouts, materials, finishes and furniture, preparation of contract documents, bidding/negotiation, cost estimates, signage, and coordination of installation. Council Member Bergeson requested clarification that this function was included in the original budget, to which Mr. Wessel responded in the affirmative. Council Member Lyden suggested that the City should explore viable means of earning "sweat equity" with respect to interior design. Council Member Bergeson pointed out that there are large spaces which should be professionally designed in order to maintain the desired quality for this facility. Mr. Wessel reviewed the original budget with respect to "soft costs", adding that TLPA is prepared to provide maximum quality at a cost well within budget constraints. Mayor Sullivan recognized Council Member Lyden's concerns, as well as the value of professional service with regard to the civic complex. Council Member Neal asked why TLPA, whose bid was not the lowest, was selected over the other three bidders. Mr. Hawkins explained that with respect to professional services the City is not required to accept the lowest bid but can select the firm deemed to be most appropriate. 1111 Mayor Sullivan added that TLPA represents the most logical choice due to its involvement with the project from its inception, and that Council's responsibility is to determine whether or not the 11 COUNCIL MINUTES FEBRUARY 23, 1998 proposed fee is a reasonable deviation from the lowest bid. Mr. Wessel explained that the four bids were solicited according to City policy, but that TLPA's interior design department offers not only the desired quality but a commitment to the City's scheduling obligations. Council Member Lyden expressed concern regarding the budget question, adding that absent more complete financial information consideration of the interior design matter is premature. Mayor Sullivan recommended that this issue be included in the March 15 budget discussion, adding that it would be appropriate to review the entire budget picture. Council Member Bergeson moved that Council authorize the City Attorney to negotiate a contract for interior design services with The Leonard Parker Associates for approximately $41,800. Mayor Sullivan seconded the motion. Council Member Bergeson spoke again in favor of approval of professional interior design service. Motion carried, with Council Members Neal and Lyden voting no. Hot Air Balloon Contract - Mr. Wessel explained that the promotional program established to promote the identity of Lino Lakes within and outside the community has included the use of Blue Yonder Balloon Company's hot air balloon for the past three years. Contracting a balloon service is generally an expensive promotional endeavor and, according to Mr. Wessel, the City has been availed of this service because Mary Alice Divine has agreed to supply it for far below standard cost. He added that this balloon, whose use has been approved annually for the past four years, has been an integral part of the City's promotional campaign and has become a familiar sight over the north and east metro areas. Mr. Wessel stated that use of the balloon in 1998 will be especially important with construction of the civic complex within The Village. In keeping with economic development's policy to solicit proposals, Mr. Wessel indicated that two other bids were obtained, as follows: 1. Winfield Balloon Company 1931 Benjamin St. NE Minneapolis, MN 55418 2. Wiederkehr Balloons 1604 Euclid St. St. Paul, MN 55108 $200/flight = $4,000 Special event inflation = $300 + $600/flight = $12,000 Special event inflation = $500 The contract with Ms. Divine calls for a payment of $60 per flight, for a maximum of $1,200 per contract year, with inflations at special events of $100. 12 • • COUNCIL MINUTES FEBRUARY 23, 1998 Council Member Neal asked if such an arrangement would represent a conflict of interest for the City. Mayor Sullivan responded that legally there is no conflict, and that additional bids were solicited in order to confirm the City's prudent use of funds in this regard. Council Member Bergeson stated that Ms. Divine's service represents a known and prudent entity, expressing enthusiastic favor with prior service. Council Member Dahl asked about insurance coverage. Mr. Wessel indicated that Ms. Divine is required to carry insurance. Council Member Dahl also asked about equipment safety checks, to which Mr. Wessel responded Ms. Divine submits to and is in compliance with required equipment safety conditions. Council Member Neal asked about proof of insurance, to which Mr. Hawkins responded Ms. Divine provides the City with a certificate of insurance. Council Member Neal moved to renew the hot air balloon contract with Blue Yonder Balloon Company, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Members Lyden and Dahl voting no. Comprehensive Plan Update - Mr. Wessel pointed out that within the past week there were two successful meetings which furthered refinement of the moderate growth scenario, and that on Thursday, February 26, a neighborhood meeting is scheduled to take place for District 3 residents. Mayor Sullivan asked that Council members notify Mr. Wessel of plans to attend upcoming meetings, and asked that notice of future meetings be posted in City Hall. Council Member Lyden asked that discussion of the open meeting law be added to the present Agenda. Mayor Sullivan polled Council, which agreed to add discussion of the open meeting law as Agenda Item 10.B. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 19, Town Center Parkway, Approve Plans and Specifications, and Order Advertisement for Bids - Mr. Ahrens explained that the City is proposing to extend Town Center Parkway and utilities to serve the new City Hall, Police Station, and Early Childhood Learning Center at the Town Center site. The proposed street will be 26 feet wide bituminous with 24 -inch gutters. The narrower street and wider gutters will give the parkway a more urban feel. An 8 -foot -wide path will be extended along the south side of the parkway. Sewer and water mains will be extended to serve the City complex. By way of background, Mr. Ahrens reminded Council that this project is a continuation of the Town Center development. The improvements associated with the City project for street and 13 COUNCIL MINUTES FEBRUARY 23, 1998 utility extensions will be necessary to serve the municipal center area, and will precede building construction in order to allow access to the site. Mr. Ahrens provided the following proposed schedule for the phase 2 Town Center Parkway construction: Advertise to receive bids Receive Bids Award Contract Preconstruction Meeting Utility Construction Begins Street Construction Begins Estimated Construction Completion February 25, 1998 March 27, 1998 April 13, 1998 April 20, 1998 April 27, 1998 June 1, 1998 August 1, 1998 Mayor Sullivan expressed Council's concern that a 26 -foot roadway would be too narrow to accommodate projected traffic. Mr. Ahrens indicated that he had discussed this matter with Chief Pecchia who, after consulting the fire chief, advised that the proposed roadway would be adequate in width so long as parking is prohibited. Mr. Ahrens added that driveway areas might require additional width, making return curves critical to the design. Mayor Sullivan also requested clarification that there would be adequate snow storage, to which Mr. Ahrens responded in the affirmative. Council Member Lyden expressed concern that the proposed roadway is not representative of a typical "parkway", in that there is not sufficient green space, asking why a median cannot be included. Mr. Ahrens indicated that such a design issue could be accommodated. Mr. Wessel addressed Council, pointing out that plantings are proposed for the entry to the civic complex. He added that there has been considerable discussion regarding overall landscaping, and that the proposed roadway design was the result of that effort. Council Member Neal asked about the proposed bandstand, asking if there would be adequate parking for that structure. Mr. Wessel referred to a design rendering, pointing out the bandstand as well as the locations for parking. Council Member Bergeson pointed out that the City's public works departments are generally opposed to roadways that contain medians and similar design issues, as they create obstructions to efficient maintenance such as the plowing of snow. Council Member Neal expressed concern that citizens who find inadequate parking will park along the roadway. Mr. Wessel indicated that parking prohibition must be enforced. Council Member Neal reminded the group of the need for senior citizen availability, and Mr. Wessel pointed out accesses. Mr. Wessel added his appreciation for Council's input, and additional suggestions will be considered for enhanced accessibility to the bandstand and other areas of particular interest to senior citizens. 14 • COUNCIL MINUTES FEBRUARY 23, 1998 Council Member Dahl asked how wide the parkway will be at the entrance to the complex. Mr. Ahrens explained that there are two driving lanes at the entrance, equal to 24 feet, with the median being 8 to 10 feet in width, narrowing gradually at the eastern end. Council Member Lyden reiterated his concerns, suggesting that construction plans in certain areas of the proposed complex do not allow for a true parkway diminishing the quality of the overall project. Council Member Bergeson suggested that a "parkway" can be accomplished through plantings on either side of a roadway. Council Member Lyden moved to deny Resolution No. 98 - 19, as presented. Motion failed for lack of a second. Council Member Bergeson moved to adopt Resolution No. 98 - 19, as presented. Mayor Sullivan seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 98 - 19 can be found at the end of these minutes. Consideration of Resolution No. 98 - 20, Ware Road Reconstruction, Approve Plans and Specifications, and Order Advertisement for Bids - Mr. Ahrens explained that the reconstruction of Ware Road began approximately one year ago with the feasibility report prepared and received by Council in May. A public hearing was held on June 23, and Council ordered preparation of plans and specifications. Further Council action is now required to allow for advertisement to receive bids. Mr. Ahrens reminded the group of the dire need for repair to Ware Road, which is proposed to be 32 feet in width from Arrowhead Drive to Ash Street (County Road J) and 36 feet wide from Arrowhead to Birch to allow for parking on the east side. He also pointed out that utilities on Ware Road will be extended from Coyote Trail south to Ash Street in concurrence with road reconstruction. A sanitary lift station is proposed for location south of 62nd Street in order to minimize sewer depth. The water main will extend from Ash Street to Linda Avenue and Coyote Trail. Since the subject section of Ware Road lies outside the MUSA boundary, no connections can take place until (1) the Comprehensive Plan process provides for MUSA designation, or (2) a property owner experiences a failed septic system with no possibility for its reconstruction. The estimated project construction cost is $1,295,000 with associated engineering and administrative expenses of approximately $388,500, for a total project cost of approximately $1,683,500. • Mr. Ahrens added that a roadway wider than 32 feet would pose additional impact to wetlands, as well as require additional rights-of-way and additional tree removal. He stated that following COUNCIL MINUTES FEBRUARY 23, 1998 significant review, Staff recommends the proposed 32 -foot width for this roadway reconstruction. Mayor Sullivan requested clarification regarding a buffer between the 32 -foot roadway and the trail. Mr. Ahrens responded that a minimum 4 -foot separation is proposed. Mayor Sullivan asked about additional expense, and Mr. Ahrens explained that the acquisition of additional easements will result in additional expense. Council Member Dahl asked if the 4 -foot buffer would allow for adequate snow removal, as well as maintenance of the trail. Mr. Ahrens indicated that snow removal should not be an issue. He added that all trails within walking distance of schools are plowed. Council Member Dahl asked about the area of roadway proposed to be 36 feet in width, and Mr. Ahrens indicated that the parcels in that area are small and residents requested provision of on - street parking. Council Member Bergeson asked about the feasibility of a width greater than 32 feet. Mr. Ahrens explained that 32 feet is adequate and that additional width would not afford any additional benefit but would be more costly. Council Member Bergeson expressed concern that authorized vehicles might not be able to be parked at the side of the roadway while allowing for traffic to pass without crossing over into the oncoming lane. Mr. Ahrens indicated that although technically the 16 -foot allowance should be sufficient, most drivers will allow for additional space in passing a vehicle. Council Member Lyden asked that Mr. Ahrens share statistical information, to which Mr. Ahrens responded referencing a State Aid Standards table recommending a total of 26 feet for roadways such as Ware Road. Mayor Sullivan asked for clarification of the prior discussion prompting the use of this statistical information. Council Member Lyden explained that discussion included the definition of the street in anticipation of 2020 volume and beyond, with the conclusion that the proposed 32 -foot width would be more than adequate. Mayor Sullivan stated that the City's transportation engineer had indicated the narrower the roadway the lesser the speed. Council Member Lyden moved to adopt Resolution No. 98 - 20, as presented. Council Member Neal seconded the motion. Council Member Bergeson stated that he would prefer additional width. Mayor Sullivan expressed concern regarding the acquisition of easements. Mr. Ahrens explained that eminent domain is one possibility, and price negotiation another. Mayor Sullivan indicated 16 COUNCIL MINUTES FEBRUARY 23, 1998 • that eminent domain is not an acceptable option. Mr. Ahrens indicated that he is not concerned that the easements cannot be obtained by other means. • • Council Member Bergeson asked if the 32 -foot section could be constructed so that at some time in the future the entire roadway could be wider, if necessary. Mr. Ahrens indicated that the proposed arrangement for the road improvements would allow for this contingency. Motion carried unanimously. Resolution No. 98 - 20 can be found at the end of these minutes. Consideration of Resolution No. 98 - 21, Lakes Addition Sanitary Sewer Rehabilitation, Approve Plans and Specifications and Order Advertisement for Bids - Mr. Ahrens provided the following background for this item: On November 10, 1997, Council ordered the reconstruction of certain streets located on the east side of Reshanau Lake. As discussed in the feasibility study, the project includes the repair of sanitary sewer lines that are located in the streets which are proposed for reconstruction. At this time, Staff is requesting that Council approve the plans and specifications and authorize advertisement for bids for the sanitary sewer repairs only. It is expected that approval of the street reconstruction portion of the project will be requested at the next regular Council meeting. Mr. Ahrens explained that repair of the sanitary sewer lines is necessary to correct leakage problems and that letting one contract ahead of the other will result in fewer conflicts between repair and construction contractors working in the area. The estimated cost of the sanitary sewer rehabilitation work is $105,400, and it is intended for payment to come from the Area and Unit Fund. Mayor Sullivan asked that assurances be included within this contract that the rehabilitation work will be completed prior to the reconstruction project. Council Member Neal moved to adopt Resolution No. 98 - 21, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 21 can be found at the end of these minutes. OLD BUSINESS - None. COMMUNITY CALENDAR FOR FEBRUARY 23 THROUGH MARCH 9, 1998 Lakes Addition Neighborhood Meeting, Tuesday, February 24, 1998, 6:30 p.m. Lakes Addition Street Reconstruction Meeting, Thursday, February 26, 1998, 6:30 p.m. Environmental Affairs Committee Meeting, Wednesday, February 25, 1998, 7:00 p.m. COUNCIL MINUTES FEBRUARY 23, 1998 Comprehensive Plan Meeting, Thursday, February 26, 1998, 6:00 p.m. Park Board Meeting, Monday, March 2, 1998, 6:30 p.m. Trails Committee Meeting, Tuesday, March 3, 1998, 7:00 p.m., Parks and Recreation Building Council Work Session, Wednesday, March 4, 1998, 5:30 p.m. EDAAB Meeting, Thursday, March 4, 1998, 7:00 p.m. Comprehensive Plan Meeting, Thursday, March 5, 1998, 6:00 p.m. EDA Meeting, Monday, March 9, 1998, 6:00 p.m. Mayor Sullivan announced a special Council meeting scheduled to take place on Wednesday, February 25 at 5:30 p.m., for the purpose of meeting with consultants regarding the City Administrator search. Additionally, Mayor Sullivan announced that on March 7, 1998, at 9:00 a.m., interviews with potential Board members, followed immediately by a Council goal -setting meeting. NEW BUSINESS Office Lease Agreement, Tschida Excavating - Chief Pecchia explained that the office lease agreement for the City's Environmental Department at Acton Construction expires on February 28, 1998. He stated that a search was conducted for new office space, with Tschida Excavating selected to serve this purpose. The cost for lease of office space from Tschida Excavating would be $200 per month. The agreement has been reviewed by the City Attorney. Mayor Sullivan asked if the Environmental Department has sufficient funds to accommodate this rental fee. Chief Pecchia indicated that the Department will find funds within its budget for office rental. Council Member Neal moved to approve the lease agreement allowing for the City's Environmental Department to lease office space from Tschida Excavating, Inc. Council Member Dahl seconded the motion. Motion carried, with Council Member Bergeson abstaining. Open Meeting Law - Council Member Bergeson explained that recently Council was invited to attend a Comprehensive Plan Task Force meeting. This meeting was again mentioned at a Council work session. Question subsequently arose as to whether or not this process constituted violation of the open meeting law. There was telephone communication from two separate sources, one stating that there was a violation and the other that there was not. 18 • • • COUNCIL MINUTES FEBRUARY 23, 1998 Another issue raised by Council Member Bergeson is that of where and how Council obtains legal opinions. He expressed strong feelings that legal opinions should come routinely from the City Attorney and, in the event a second opinion is requested, Council as a body with full knowledge of the City Attorney should make that decision. Council Member Bergeson suggested that a policy be created specifying that the City Attorney is the first source of opinion with a procedure for obtaining any second opinion. Council Member Bergeson also suggested that Council develop a policy with regard to the open meeting law which would provide future guidance on this issue. Mayor Sullivan asked that these matters be brought to the next Council work session for discussion. She added that recent Council training provided information which conflicted with that provided by the City Attorney, thus the ensuing confusion regarding open meeting law violation. Based upon this conflict, Mayor Sullivan sought an additional opinion and subsequently announced that attendance by Council at the Comprehensive Plan Task Force meeting would be a violation of this law. She added that this information was forwarded to City Attorney Hawkins, but had not had an opportunity to discuss this matter with him. Mr. Hawkins explained that the open meeting law states, in summary, that any meeting of various public agencies must be open to the public, and that a record of that meeting must be kept of such meetings so that those who are unable to physically attend can discover its content at a later time. Mr. Hawkins went on to identify the Comprehensive Task Force meeting as a public meeting by definition, as it was noticed, the public was invited, and a record was kept. He added that Council was correct in attending the recent Charter Commission meeting as well. And, although there is no case law to support his opinion, Mr. Hawkins stated that attendance at such meetings is consistent with the intent of the open meeting law. He added that should specific issues be raised, a special meeting should be called and posted, thus avoiding any misunderstanding. Mayor Sullivan referred to case law, indicating that due to discussion of a long-term City plan notice of Council attendance should have taken place. Mr. Hawkins responded that the only requirement for such a gathering was that it meet the definition of a public meeting; that notice was not necessary. He added that the matter resulting in the case law referred to by Mayor Sullivan involved school board members attending a planning retreat where information was exchanged inappropriately, clearly distinguishable from the meetings in question. Mr. Hawkins reiterated that any posting of notice can take place when Council members plan to attend other public meetings. Chief Pecchia stated that Staff recognizes where responsibility lies in this situation, and will come to the next work session with proposed guidelines to avoid future such incidents. Council Member Bergeson reiterated that Council should rely heavily on the City Attorney and, in the unlikely event that Council should take incorrect action as a result of his advice, the City Attorney would assume responsibility for correcting the problem. Mr. Hawkins responded that open meeting law issues are common and, as with any issue brought to him by Council, he seeks 19 COUNCIL MINUTES FEBRUARY 23, 1998 to give accurate advice. He added that he would rather see Council post too much notice in order to eliminate any potential challenge. Council Member Dahl asked about notice for the upcoming Comprehensive Plan Task Force meeting. Mayor Sullivan explained that as there is not sufficient time to allow for proper notice. All Council members other than herself and Council Member Dahl should notify Mr. Wessel should they plan to attend that meeting. Council Member Bergeson asked if a blanket statement could be added to the Community Calendar as it appears within the Council agenda. Mr. Hawkins suggested that a separate list should be posted, keeping in mind the 72 -hour requirement for notice. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 9:54 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Marilyn Anderson, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off Site Secretarial, Inc. 20 eting, March 9, 1998. • Council Member moved its adoption: Bergeson introduced the following resolution and • CITY OF LINO LAKES RESOLUTION NO. 98-19 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - TOWN CENTER PARKWAY - PHASE 2 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to direction of City Staff, OSM & Associates, Inc. has prepared plans and specifications for the extension of Town Center Parkway to serve the new City Hall, Police Station and Early Learning Center on the Town Center site, and has presented such plans and specifications to the City Engineer 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 a 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 an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 28 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:30 a.m. March 27, 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 on April 13, 1998. 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 depo it, cashier' heck, bid bond or certified check payable to the clerk for 5 percent of lhsunt •fG h bid.. M4rilyn G. Anderson, Clerk -Treasurer im•erly A. Sullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Sullivan 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. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-20 RESOLUTION APPROVING PLANS AND SPECIFICATIONA AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - WARE ROAD STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to a resolution passed by the council on August 25, 1997, OSM & Associates, Inc. has prepared plans and specifications for the improvement of Ware Road between Birch Street and Ash Street and has presented such plans and specifications to the City Engineer 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 a 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 an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 28 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:00 a.m. March 27, 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 on April 13, 1998. 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 de•osit, cas - 's check, bid bond or certified check payable to the clerk for 5 percent o . t `� ount uch bid. iii 1 1 1 Milyn G. 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: U berly A. Sullivan, Mayor The following voted against same: None Whereupon said resolution was duly passed and adopted. • • • • • • Council Member Neal adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98-21 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LAKES ADDITION SANITARY SEWER REHABILITATION WHEREAS, pursuant to a resolution passed by the Council on November 10, 1997, SEH, Inc., has prepared plans and specifications for the improvement of streets included in the Lakes Addition Street Reconstruction Project by repairing sanitary sewer and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Wednesday, March 18, 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 23rdf`da998. uti - Pril G. Anderson, Clerk -Treasurer Kirit A. ullivan, 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: 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. 98-23 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS - 21' AVENUE STREET AND UTILITY PROJECT. WHEREAS, a resolution of the City Council adopted the 26th day of January, 1998, fixed a date for a council hearing on the proposed improvement for the 21' Avenue Street and Utility Project by constructing street, storm sewer, watermain and sanitary sewer. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 23rd day of February, 1998, 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. TKDA, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications f•- making of such improvement. Adopted by the Lino Lakes City Council this"23 / ). Mi~arilyn G. Anderson, Clerk -Treasurer ry, 1998. Ki A u Ivan, 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: 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 February 23, 1998. Mar lY n G. Anderson, Clerk -Treasurer • • • • • • Council Member Lyden and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 98-24 RESOLUTION APPROVING PAYMENT 5 (final) FOR PUBLIC WORKS STORAGE BUILDING PROJECT WHEREAS, the construction of the Public Works Storage Building Project has been completed by Riverside Construction of Elk River, Inc. and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment number 5 (final) in the amount of $8,659.00 is approved for a total contact amount of $172,785.00. Adopted by the City Council this 23rd day o ruary, Kim•e, Mayor a lyn G. 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, Lyden, Dalh, 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 February 23, 1998. Mrilyn GAnderson, Clerk -Treasurer H:\CIVIL\TPM\MISC\FIN.PAY Council Member its adoption: Lyden introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98-25 RESOLUTION ADOPTING GUIDELINES FOR PROMOTIONAL EXPENSE REPORTING WHEREAS, it is recognized that from time to time it may be necessary for certain city officials to incur expenses in the advance of business and industry for the City of Lino Lakes, and WHEREAS, this type of expense differs from expenses incurred while at conferences or conventions, and WHEREAS, the policy in the Personnel Policy governing expenses incurred at conference and conventions does not address promotional expenses, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: That the council does hereby adopt the attached policy listed as Promotional Expense Policy, and adds it to the Personnel Policy as Section 8.03. Adopted by the Lino Lakes City Council this 23rd day of Februa d 998. III Jean iger, Deputy Clerk -asurer . Sullivan, Mayor The motion for adoption -o e foregoing resolution was duly seconded by Council and upon vote being taken thereon, the following voted in favor Member Neal thereof: The following voted against same: None Whereupon said resolution was duly passed and adopted. • • •