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HomeMy WebLinkAbout07/13/1998 Council Minutes (2)• • • COUNCIL MINUTES JULY 13, 1998 CITY OF LINO LAKES MINUTES DATE : July 13, 1998 TIME STARTED : 6:36 P.M. TIME ENDED : 7:56 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant to the City Administrator, Dan Tesch; Finance Director, Mary Vaske; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Building Inspector, Tom Jackson; and City Clerk Marilyn Anderson SETTING THE AGENDA Mayor Sullivan removed item 7D from the Agenda and added item 9A, Additional Allocation of Funding for the June 26, 1998, Storm. The amended Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda as presented. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM MINUTES: May 16, 1998 DISBURSEMENTS: ACTION June 30, 1998, end of month ($1,647.39) July 13, 1998 Check No. 51429 - 51579, $564,918.60) June 26, 1998 SAC Check No. 51175 - 51338, $90,042.50) Approved Approved Approved Approved COUNCIL MINUTES JULY 13, 1998 July 2, 1998 SAC Check No. 513340 - 51410, $44,149.42) Approved Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council Meetings, emphasizing the need for respectful dialog. OPEN MIKE No on appeared for open mike. Mayor Sullivan gave a verbal update regarding City business. She stated that July, 13, 1998, is when all tree debris must be in the boulevard for the final clean up. She stated that the City is progressing on the interview process for the new City Administrator. A new test process will be implemented beginning July 14, 1998. She encouraged citizen input. Mayor Sullivan noted that the City lost its oldest and largest Cherry tree in the last storm. The tree was located at Town Center. The wood will be used to make a front door for the new City Hall. Council Member Bergeson noted that the announcement regarding tree debris pick up being shown on cable television should be checked. It appears that the announcement indicates debris will be completely picked up by July 13, 1998, which is incorrect. Consideration of Proclamation, National Night Out, David Pecchia - Mr. Pecchia explained that National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anti-crime efforts, strengthen neighborhood spirit and police/community relations, and send a message to criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors, turn on their outside lights from 7:00 p.m. to 10:00 p.m., and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Mr. Pecchia stated staff is requesting that Council acknowledge the National Night Out Proclamation in City's support of designating August 4, 1998, as National Night Out in the City of Lino Lakes. Mr. Pecchia read the proclamation. Council Member Lyden moved to approve the National Night Out Proclamation, as presented. Council Member Neal seconded the motion. Motion carried unanimously. BUILDING DEPARTMENT REPORT, TOM JACKSON Consideration of the Removal of a Fire Damaged House at 1410 Canfield Road - Mr. Jackson stated that he has been working with Mr. Greg Dufeck who is trying to rebuild his fire damaged home at 1410 Canfield Road. Because of numerous personal problems, Mr. Dufeck has been unable to complete the rebuilding of the home. Nothing on the property is salvageable 2 • • COUNCIL MINUTES JULY 13, 1998 and everything must be removed. Mr. Jackson asked Council for authorization to act on the October 13, 1997, order to remove the structure. Council Member Bergeson moved to authorize the Building Department to enforce the order to removed the home as approved at the October 13, 1997, Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of the 1997 Audit, Rob Tautges - Mr. Tautges stated that the Council Members had previously received reports regarding the 1997 audit and management report. He asked Council to accept the 1997 Audit as presented. Mayor Sullivan noted that the Council also received a verbal report regarding the audit at the City Council work session. Council Member Neal asked if the audit is prepared from verified or unverified reports. Mr. Tautges explained that the audit is prepared from unverified reports. The procedures used are well thought out and established by government agencies. Council Member Neal stated that the report should indicate it is prepared by unverified reports. Mr. Tautges read from the report which indicates the results are the opinion of HLB Tautges, Redpath, Inc. Mayor Sullivan noted that the report was reviewed by Council at the City Council work session. At the next work session Council will discuss way of implementing the findings of the audit and management reports. Council Member Neal moved to accept the 1997 Audit, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Monetary Limits on Tort Liability per Minnesota Statutes #466.04 - Ms. Vaske explained that each year the City has the option of waving it's monetary limits on tort liability to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the City does not waive the statutory tort limits, and individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the City purchases the optional excess liability coverage. If the City does waive the statutory tort limits and does not purchase excess liability coverage, a • single claimant could potentially recover up to $750,000 on a single occurrence. The total which COUNCIL MINUTES JULY 13,1998 all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. If the City does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Ms. Vaske stated that claims to which the statutory municipal tort limits do not apply are not affected by this decision. The City carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). She noted that the City of Lino Lakes has never waived it's monetary limits on tort liability. Council Member Bergeson moved that the City of Lino Lakes does not choose to waive it's monetary limits on tort liability established by Minnesota Statutes 466.04. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 -105, Authorizing Execution of Sub -Grant Agreement, Federal Disaster Assistance, David Pecchia Mr. Pecchia stated that the City of Lino Lakes is part of the eight (8) county Federal Disaster Declaration for the May 15, 1998, severe storm, straight-line winds and tornado. To apply for Federal Disaster Assistance, the Council is asked to pass Resolution No. 98 - 105 which provides for the City of Lino Lakes to enter into a Sub - Grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR - MINNESOTA. Mr. Pecchia stated that the City is estimating its reimbursable expenses for debris clearance, protection measures, road system, building, equipment, and public utility system to be approximately $349,000. Mr. Pecchia noted that the funding formula is 75% Federal, 15% State, and 10% local. The City is in the process of having the State pay the local match. Council Member Neal moved to adopt Resolution No. 98 - 105, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 105 can be found at the end of these minutes. Consideration of Resolution No. 98 106, Declaring that a State of Emergency Exists in the City of Lino Lakes, David Pecchia - Mr. Pecchia explained that Resolution No. 98 - 106, if adopted by the Council, will declare that a state of emergency exists in Lino Lakes due to the severe thunderstorm which occurred on Friday, June 26, 1998. Adoption of this Resolution will allow the City to apply for emergency funding from all available sources. 4 COUNCIL MINUTES JULY 13, 1998 Council Member Lyden moved to adopt Resolution No. 98 - 106, as presented. Council Member • Neal seconded the motion. Motion carried unanimously. _ • • Resolution No. 98 - 106 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Public Hearing, Consideration of Resolution No. 98 - 107, Drainage and Utility Easement Vacation, Lots 4 and 5, Block 1, Country Lakes Estates, Plat 2 - Ms. Wyland stated that Mr. Clark Bergman has requested that the City vacate a drainage and utility easement between Lots 4 and 5, Block 1, Country Lakes Estates, Plat 2, to facilitate the construction of one single family home on the combined lots. Easements would be retained on the front, side, and rear lot lines. Ms. Wyland stated that the public hearing has been published for this evening. The property owner has been notified as required by City Ordinance. The City Engineer has reviewed the request and has indicated no problem in vacating the requested easements.The general drainage plan for the development will not be altered. Ms. Wyland indicated staff recommended approval of the easement vacation as indicated on Resolution No. 98 - 107. Mayor Sullivan opened the public hearing at 6:58 p.m. There being no one to speak to this issue, Council Member Bergeson moved to close the public hearing at 6:59 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Lyden expressed concern regarding the flood plain in the area. Ms. Wyland indicated the City has received a map revision from the developer. All issues regarding the flood plain have been resolved. Property owners in the area submitted the map revision to their insurer. Mayor Sullivan asked if the lot and and the proposed home is suitable for the area and meets all zoning requirements. Ms. Wyland indicated the lot and building are suitable for the area and meet all zoning requirements. Council Member Lyden moved to adopt Resolution No. 98 - 107, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. _ Resolution No. 98 - 107 can be found at the end of these minutes. Consideration of Interim MUSA Reserve Designation and Final Plat Request for Behm's Century Farms 3rd Addition - Ms. Wyland stated that the preliminary plat for Behm's Century Farms 3rd Addition was approved by the Council in late 1994 along with the 1st and 2nd Additions. The property is Zoned R-1 and indicated as Single Family on the Comprehensive COUNCIL MINUTES JULY 13, 1998 Plan. When the preliminary plat was approved, Mr. Carl Behm, the original property owner, was still residing on the site and had a life estate arrangement with the developer, Mr. Uhde. Mr. Behm has since entered a nursing home and his homestead has been removed. The 3rd Addition is therefore available for final plat. Ms. Wyland stated the addition to Behm's Century Farms includes one cul-de-sac off of Appaloosa Lane consisting of Blots and 3.20 net acres. The property has been graded, permits received from the RCWD, a development agreement and financial guarantees posted, and the title work reviewed and approved by the City Attorney. Staff recommended approval of this final plat and the allocation of 3.2 net acres of Interim MUSA Reserve. Ms. Wyland stated the 3.2 net acres of Interim MUSA will come out of the City's MUSA Reserve bank, leaving approximately 69 acres. Mayor Sullivan asked if the plat meets all zoning requirements. Ms. Wyland indicated the plat does meet all zoning requirements. Council Member Bergeson moved to approve the final plat of Behm's Century Farms 3rd Addition and allocation of 3.2 net acres of Interim MUSA Reserve. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. _ Comprehensive Land Use Plan Update - Mr. Wessel noted on Thursday, July 16, 1998, there is a Comprehensive Plan Task Force meeting, at 7:30 p.m., in the work session format. He stated there is a Comprehensive Plan Task Force meeting regarding transportation, Thursday, July 23, 1998, at 6:00 p.m. Thursday, July 30, 1998, there is a Comprehensive Plan Task Force meeting regarding Commercial/Industrial, at 7:30 p.m. Mr. Wessel encouraged everyone present to attend these meetings. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 -102, Order Improvement and Preparation of Plans and Specifications, Apollo Drive, Phase 3 (4/5ths Vote) - Mr. Ahrens stated that staff is requesting Council approval to order the improvement and preparation of plans and specifications for the extension of Apollo Drive from its current terminus at Lilac Street to Lake Drive. Mr. Ahrens stated that the public hearing for this project was held at the June 22, 1998, Council meeting. Staff and the City's consulting engineer presented the feasibility report at the hearing and property owners were given an opportunity to speak in favor or against the project. One property owner raised questions regarding the acquisition of her property. The City Attorney and City Engineer spoke with her following the meeting regarding the acquisition process and relocation of her family to a new home. Mr. Ahrens explained that the construction of Apollo Drive from Sunset Road to Lake Drive was first discussed in 1990. The portion of Apollo Drive from Sunset Road to Lilac Street is 6 • • • COUNCIL MINUTES JULY 13,1998 complete and the final phase was initiated recently with the public hearing held at the June 22, 1998, Council meeting. Mr. Ahrens referred to a report that included information presented at the public hearing including project summary, description of the regional storm water pond, estimated project schedule, and project costs and financing. Mr. Ahrens stated that staff recommends approval of Resolution No. 98 - 102. Council Member Neal asked if the VFW has agreed to sell their property and when the project will be completed. Mr. Ahrens stated that the VFW has not yet agreed to sell their property. The project will be completed in spring, 1999. Council Member Neal asked how a price for the property is determined. Mr. Ahrens explained that an appraisal on the property has been done. The City has retained a firm to negotiate the purchase of the properties. Council Member Neal asked what will happen if the owners of the VFW sell their property before a deal is completed with the City. Mr. Ahrens stated that the City will obtain an easement from the new property owners. Council Member Lyden asked if the pond shown on the diagram is the ultimate size. Mr. Ahrens indicated that the pond shown on the diagram shows the ultimate pond size. The pond will be built in stages. Council Member Lyden expressed concern regarding a pond 12' deep so close to the road. Mr. Ahrens stated that the County will have comments regarding the pond. The pond will be outside of the right-of-way. At this time, there are no safety issues regarding the pond. Council Member Lyden asked how deep is a typical pond. Mr. Ahrens explained that the pond bottom is a minimum of 6' deep. The size is determined by the amount of run off coming into the pond. There are also a number of other factors that determine pond size. This issue will come back before Council for approval. The pond will be discussed much more in detail at that time. Council Member Bergeson asked if the two (2) homes have been acquired. Mr. Ahrens stated that the City is still in discussion with the two (2) property owners. Eminent domain notices have been sent out. Council Member Neal asked who is purchasing the houses. Mr. Hawkins stated that the City will purchase the land and the houses. The Council will determine what to do with the houses. Council Member Bergeson asked about the time frame regarding the two (2) planned economic development projects. Mr. Wessel stated that the convenience store project has been delayed. The utility hook up for the new bank will be tight regarding the planned opening of the bank. COUNCIL MINUTES JULY 13, 1998 Council Member Bergeson asked if the project will be progressed far enough for the bank to open on time. Mr. Ahrens indicated the City will meet the time frame required for the bank to open as planned. Mayor Sullivan thanked staff for addressing the ponding and aesthetics regarding this project. She asked how the ponding is tracked. Mr. Ahrens explained that the policy regarding ponding is no new net run- off from pre -development to post development. Ponding has always been an option to take care of additional run-off. The RCWD is involved with ponding issues. Council Member Lyden expressed concern regarding the increased volume of water with ponding. Mr. Ahrens explained that the RCWD has acknowledged the increased volume of water and had developed new standards to lower the volume of water. Council Member Lyden moved to adopt Resolution No. 98 102, including the northwest pond option, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 102 can be found at the end of these minutes. Consideration of Resolution No. 98 - 103, Approve Payment No. 8, (Final) and Change Order No. 1, Water Tank No. 2 Mr. Ahrens stated that the contractor for the Water Storage Tank No. 2 Project is requesting payment no. 8 (final) in the amount of $50,792.90. The final contract amount is summarized as follows: Contract Amount Change Order No. 1 Final Contract Amount $ 992,200.00 $ 23,658.00 $1,015,858.00 Mr. Ahrens explained that Change Order No. 1 includes work to accommodate future antenna installations. The extra work was not included in the original design and to accommodate the. two (2) antenna installations and future antenna installations, the work was completed. The change order includes adding two (2) additional electrical services and adding plates and pipe sleeves on the top of the tank. Two-thirds of the cost of the change order ($15,772.00) was passed onto Sprint Communications and Nextel Communications, the two (2) existing antenna installations on the tank. Future antenna installations will make a similar reimbursement to the City for the extra cost to revise the tank design. Staff recommended approval of Resolution No. 98 - 103 authorizing the final payment to the contractor. Council Member Neal stated that he is against change orders. He asked if the City is putting up the antennas. Mr. Ahrens indicated the City does not install the antennas. The City had to pay the money up front to modify the water tank for the installation of the antennas and then get reimbursed from the companies. 8 • • COUNCIL MINUTES JULY 13, 1998 Council Member Neal asked how the City makes sure it gets reimbursed. Mr. Ahrens stated that the City has already been reimbursed from the two (2) companies. Companies will come to the City in the future and request installation of the antennas. The City will then charge the companies. Council Member Bergeson moved to adopt Resolution No. 98 - 103, as presented. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 98 - 103 can be found at the end of these minutes. Consideration of Resolution No. 98 -104, Accept Easement, Main Street and I -35E - Mr. Ahrens stated that the construction of trunk utilities along 21st Avenue required the City to obtain a permanent street and utility easement on the north side of Main Street. The utility project includes jacking the sanitary sewer and watermain under Main Street and the sanitary sewer manhole is located outside of the right-of-way on private property. The easement is necessary to accommodate the utility construction. The property owner has dedicated this easement to the City at no cost to the City. Staff recommended approval of Resolution No. 98 -104. Council Member Lyden moved to adopt Resolution No. 98 - 104, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 104 can be found at the end of these minutes. Consideration of Resolution No. 98 - 113, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain, Hodgson Road (Highway 49)/Lake Drive (County Road #23), George Reiling Property - Upon adoption of the Agenda, this item was removed. CONSIDERATION OF PERSONNEL POLICY UPDATE, DAN TESCH Consideration of Resolution No. 98 -108, Amending the Data Practices Advisory Policy - Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it into the handbook, the staff will have greater accessibility to the policy. Council Member Lyden moved to adopt Resolution No. 98 - 108, as presented and to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 108 can be found at the end of these minutes. COUNCIL MINUTES JULY 13, 1998 Consideration of Resolution No. 98 - 109, Amending the COBRA Coverage Policy - Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it into the handbook, the staff will have greater accessibility to the policy. Council Member Lyden moved to adopt Resolution No. 98 - 109, as presented and to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 109 can be found at the end of these minutes. Consideration of Resolution No. 98 -110, Amending the Bone Marrow Donation Leave Policy - Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it into the handbook, the staff will have greater accessibility to the policy. Council Member Lyden asked about leave for other organ donations. Mr. Tesch stated that the City does have the Family Medical Leave if time off is needed for other organ donations. Council Member Lyden asked why a bone marrow transplant has been singled out by the State. Mr. Tesch suggested it was possibly singled out by special legislation from the State. Council Member Bergeson suggested the State run the City office. He stated that if this was a separate vote, he would vote no. Council Member Lyden moved to adopt Resolution No. 98 110, as presented to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 110 can be found at the end of these minutes. Consideration of Resolution No. 98 - 111, Amending the Severe Weather Policy - Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it in the handbook, staff will have greater accessibility to the policy. Council Member Lyden moved to adopt Resolution No. 98 - 111, as presented to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 111 can be found at the end of these minutes. Consideration of Resolution No. 98 - 112, Incorporating an Employee Assistance Program into the Personnel Policy - Mr. Tesch stated that the policy is already in place. He asked for Council approval to incorporate it into the Lino Lakes Personnel Policy Handbook. 10 COUNCIL MINUTES JULY 13, 1998 • Council Member Neal moved to adopt Resolution No. 98 -112, as presented to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. • • Resolution No. 98 - 112 can be found at the end of these minutes. CITY CLERK -TREASURER'S REPORT, MARILYN ANDERSON Consideration of a 3.2 Beer License and Cabaret License for St. Joseph Catholic Church Annual Festival - Ms. Anderson stated that the August Festival is the major fund-raiser for St. Joseph Parish. Each year a beer license and cabaret license are requested for this event. There have been no reported problems with the Festival in the past. Ms. Anderson stated that at times the Parish holds a dance on the Saturday evening just prior to the Festival. They have indicated that they will hold the dance this year. Security at the dance will be managed as in past years. Council Member Neal moved to approve the Beer and Cabaret License, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Classification of Tax Forfeit Properties - Ms. Anderson stated that Anoka County has notified her office regarding several parcels of land located in Lino Lakes that have entered tax forfeit status. She referred to maps showing the location of the following lots: Lot 14, Arthur E. Thom Acres - Outlots in Birch Wood Acres - Located north of Rehbein Bus Garage, appears to be a buildable lot. (Staff is recommending that the City obtain title to this property because there is a sanitary sewer force main running the length of the lot. In addition, the lot may be used in the future for other City utility extensions.) Lots are used for ponding and trails. The City should obtain title to these parcels so that ponds and trails can be maintained. (City already has easements on the outlots for ponding and trails.) Lot 6, Block 5, Forest Glen - Located on 74th Avenue, appears to be a buildable lot. Outlots in Rehbein's Peltier View - County Ditch No. 72 runs through both lots. These outlots are also used for ponding. City should obtain title so that the ponds can be maintained by the City. 11 COUNCIL MINUTES JULY 13,1998 Triangle lot on Peltier Lake - Lot on Main Street - Originally designed as access to Peltier Lake for all the residents in Rehbein's Peltier View. Now that the lot is tax forfeit, the DNR will not allow the lot to return to private ownership again. This lot was created when Anoka County redesigned the curves on Main Street. The landowner behind the lot uses the lot as access to Main Street. She is in the process of obtaining title to the parcel. Ms. Anderson stated that Anoka County is in the process of designating these parcels of land for sale at a public auction. Ms. Anderson recommended the City obtain title to all of the outlots in the Birch Wood Acres subdivision so that the City can continue to maintain the ponds and trails on them. She also recommended the City obtain title to the outlots in Rehbein's Peltier View so the ponds on those lots can be maintained by the City. The City Engineer has recommended the City obtain title to Lot 14, Arthur E. Thom Acres (the lot north of the bus garage) since the City has a sewer force main that crosses the lot from east to west and may place additional utilities on the lot in the future. Council Member Bergeson moved to request title of the outlots in the Birch Wood Acres subdivision, the outlots in Rehbein's Peltier View, and Lot 14, Arthur E. Thom Acres. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Additional Allocation of Funding for the June 26, 1998, Storm, David Pecchia - Mr. Pecchia stated that a storm with very strong straight line winds occurred in the City on Friday, June 26, 1998. The Council allocated $70,000 for funding the cleanup. The City is now in the last week of cleanup from this storm and cleanup costs are running well above the $70,000 appropriated for this project. Mr. Pecchia requested that the Council authorize another $100,000 to complete the cleanup from the second storm. He noted he will attend a meeting on July 14, 1998, to request Federal Funding for this storm cleanup. Council Member Bergeson asked if the City has a backup plan to pay for the storm damage if Federal Funding is not received. Mr. Pecchia indicated that the City has allocated two (2) funds for the two (2) storms from the Contingency Fund. Council Member Bergeson moved to allocate another $100,00 for the second storm cleanup. Council Member Lyden seconded the motion. Motion carried unanimously. 12 COUNCIL MINUTES JULY 13, 1998 Mayor Sullivan noted there was more tree damage that initially indicated after the storm. For • that reason, more money is needed for storm cleanup. • NEW BUSINESS Consideration of June 28, 1998, Minutes, Special Council Meeting (Council Member Lyden was absent) - Council Member Neal moved to accept the June 28, 1998, minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of June 22, 1998, Minutes (Council Members Neal and Bergeson were absent) - Council Member Lyden moved to accept the June 22, 1998, minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council. Members Neal and Bergeson abstaining. Consideration of August 8, 1996, Minutes, Budget Meeting (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 8, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of August 12, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 8, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of August 26, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of September 23, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of October 4, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of November 12, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. 13 COUNCIL MINUTES JULY 13, 1998 Consideration of Authorization to Expend Park Dedication Funds for Improvements to the Rice Lake Park, Rick DeGardner - Mr. DeGardner stated that at the July 6, 1998, Park Board meeting the following amenities and costs were approved for Rick Lake Estates Park: Site clearing and grading $ 5,000 Playground equipment $24,800 Border, pea gravel, and accessibility path for playground area $ 5,000 Half court basketball court $ 9,000 Mr. DeGardner indicated the trail leading to Baldwin Park was included in the 1998 Park Board Goals. The estimated cost of completion of this trail is $17,000 and should be completed sometime in August, 1998. Mr. DeGardner recommended that Council authorize the expenditure of approximately $40,000 of Park Dedication Funds for the listed improvements. Council has already approved funds for the installation of the trail segment. There is $42,700 in the Park Dedication fund that is designated for Rice Lake Estates Park, (including trail). This will require an additional amount of approximately $18,100 of undesignated funds. Mayor Sullivan clarified that the funds are from Park Dedication Funds. Council Member Neal moved to authorize the expenditure of approximately $40,000 of Park Dedication Funds for the listed improvements to Rice Lake Estates Park. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Authorization to Seek Bids for Playground Equipment for the Rice Lake Estates Park, Rick DeGardner - Mr. DeGardner stated that he is requesting authorization from Council to seek playground equipment bids for Rice Lake Estates Park. Vendors will be given a maximum dollar amount of $24,800 for equipment to include 2 swings and play equipment for the 5-12 age group. All proposals are expected to meet requirements set forth in the Americans with Disabilities Act. All equipment in the bids must meet guidelines as published by the United States Consumer Products Safety Commission. After receiving the bids on the play equipment, the project will be evaluated by City staff and the Park Board, with input from area residents through scheduled playground equipment reviews at the Park and Recreation Building during the week of August 3, 1998. The project will be awarded to the vendor that provides the City with the best value for the funds available. The best value analysis will include an evaluation of quality, durability, safety, equipment longevity, aesthetic appeal, and the play experience provided. After review, a recommendation will be made to the Council for the purchase of playground equipment (August 10, 1998, Council meeting). 14 • COUNCIL MINUTES JULY 13, 1998 Mr. DeGardner explained that the playground equipment will be installed using a certified playground installer (provided by the vendor), City staff, and neighborhood volunteers. This will be done on a Saturday in late fall. Once the playground equipment is installed, City staff will install the safety surface and the safety surface path to meet ADA specifications. Council Member Bergeson expressed concern regarding being in a situation of choosing equipment over the lowest price. Mr. DeGardner stated that the $24,800 figure is a guideline for the maximum price of equipment. He indicated that City will not be in the position of choosing equipment over the lowest price. Council Member Lyden moved to authorize staff to seek bids for new playground equipment at Rice Lake Estates Park in the amount of $24,800. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR JULY 13 THROUGH JULY 29, 1998 Special City Council Meeting, Thursday, July 16, 1998 Comprehensive Plan Task Force Meeting, Thursday, July 16, 1998, 7:30 p.m. Puppet Show and Splatter Sisters, Sunday, July 19, 1998, 6:00 p.m., Sunrise Park • Citizens Advisory Committee, Monday, July 20, 1998, 7:00 p.m. City Council Work Session, Wednesday, July 22, 1998, 5:30 p.m. Comprehensive Plan Task Force Meeting, Thursday, July 23, 1998, 6:00 p.m. The Killer Hayseeds, Sunday, July 26, 1998, 6:00 p.m., Sunrise Park City Council Meeting, Monday, July 27, 1998, 6:30 p.m. Joint Meeting, Wednesday, July 29, 1998 Environmental Board Meeting, Wednesday, July 29, 1998, 6:30 Council Member Neal asked Mr. Ahrens what happened at Centerville. Mayor Sullivan stated that it was the consensus of the Council to add this issue to the Agenda. • Mr. Ahrens stated that about 500 feet of construction on 21st Avenue is an issue. Centerville staff has tabled this issue with the directive to set up a meeting with the City of Lino Lakes. Council Member Neal asked how the road is for Mrs. Tschida. Mr. Ahrens stated that the road is proceeding as planned. At his last visit to the site the sand layer was in. 15 COUNCIL MINUTES JULY 13, 1998 Mayor Sullivan stated that this is an exciting project and the business is due to open this week. Council Member Neal asked if the road will be done by Friday, July 17, 1998. Mr. Ahrens indicated the road will be completed by Friday. ADJOURN There being no further business, Council Member Neal moved to adjourn at 7:56 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Counci - eting, July 27, 1998. 411LU'I Marilyn Anderson, Clerk -Treasurer K S Evan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 16 PROCLAMATION NATIONAL NIGHT OUT 1998 WHEREAS, the National Association of Town Watch (NATW) is once again sponsoring a unique, nationwide crime and drug prevention program on August 4, 1998 called "National Night Out"; and WHEREAS, the "15th Annual National Night Out" provides a unique opportunity for Lino Lakes to join forces with thousands of other communities across the country in promoting cooperative, police -community crime and drug prevention efforts; and WHEREAS, the City of Lino Lakes plays a vital role in assisting the Lino Lakes Police Department through joint crime and drug prevention efforts in Lino Lakes and is supporting "National Night Out 1998" locally; and WHEREAS, it is essential that all citizens of Lino Lakes be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in Lino Lakes; and WHEREAS, police -community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE I, MAYOR SULLIVAN, do hereby call upon all citizens of Lino Lakes to join the Lino Lakes City Council and the National Association of Town Watch in supporting "15th Annual National Night Out" on August 4, 1998. FURTHER, LET IT BE RESOLVED THAT I,OR SULLIVAN, do hereby proclaim Tuesday, August 4,.19': _s "Na, .lal Night Out" in Lino Lakes. d K e Ma i� Anderson, Clerk -Treasurer t pr, llivan, Mayor Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -102 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APOLLO DRIVE, PHASE 3, PROJECT. WHEREAS, it is proposed to improve Apollo Drive from Lilac Street to Lake Drive by constructing street, curb and gutter, and storm sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. SEH, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 2. The northwest pond option shall be constructed as depicted in the feasibility report and shall be sized to accommodate runoff from the Apolloe Project and developing adjoining properties. Adopted by the City Council this 13`h day Marilyn p,a44,i4vioy\ G. nderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none . Whereupon said resolution was declared passed and adopted. • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -103 RESOLUTION APPROVING PAYMENT 8 (final) and CHANGE ORDER NO. 1 - WATER STORAGE TANK NO. 2 PROJECT WHEREAS, the construction of the Water Storage Tank No. 2 Project has been completed by Pitt -Des Moines, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 1 in the amount of $23,658.00 is hereby approved. 2. Payment number 8 (final) in the amount of $5 2.90 is approved for a total contract amount of $1,015,858.00. Adopted by the City Council this 13' d 7k, Cthacf.J Marilyn G. Anderson Clerk -Treasurer LAilL �r 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: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: council Member Neal. Whereupon said resolution was declared passed and adopted. • Council Member Lyden its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98 -104 RESOLUTION ACCEPTING A PERPETUAL STREET AND UTILITY EASEMENT - MAIN STREET AND 35E WHEREAS, the Perpetual Street and Utility Easement is required to allow for the completion of the 21' Avenue Utility Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. accepts said Perpetual Street and Utility Easement from Richard J. Schreier and Patricia A. Schreier in the amount of $0.00 Adopted by the Lino Lakes City Council thi 13thI•of July, 1 •: f a r 1 Ki w' rly A S Jr, Mayor Marlyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. 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 -105 RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT Be it resolved that the City of Lino Lakes enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR -MINNESOTA. David J. Pecchia, Interim City Administrator, is hereby authorized to execute and sign such Sub -grant Agreements and amendments as are necessary to implement the project on behalf of the City of Lino Lakes. I certify that the above resolution adopted by the City Council of the City of Lino Lakes, Minnesota on the 13th day of July, 1998. SIGNED: di igt be U s ullivan, Mayor July 13, 1998 (Date) WITNESSETH: Marilyn�erson, Clerk -Treasurer July 13, 1998 (Date) The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 -106 RESOLUTION DECLARING THAT A STATE OF EMERGENCY EXISTS IN THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes has sustained severe losses of substantial proportion, caused by a severe thunderstorm with straight line winds which occurred on June 26, 1998; and WHEREAS, the cost of recovery from this natural disaster is beyond the resources available within the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED, that I Kimberly A. Sullivan, Mayor of the City of Lino Lakes declare that a state of emergency exists in the City of Lino Lakes, Minnesota. Adopted by the Lino Lakes City Council th". 1 • . of Ju • i Ki . - A. ;1. l , Mayor fl0JLJg C� ,,-t, Mari n G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. • • • • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-107 RESOLUTION VACATING DRAINAGE EASEMENT OVER A PORTION OF LOT 4 AND 5, BLOCK 1, COUNTRY LAKES ESTATES PLAT 2 WHEREAS, 5' drainage and utility easements were platted on the side Tots lines in the Country Lakes Estates Plat as required by City Ordinance, and WHEREAS, Lot 4 and 5 of Block 1, Country Lakes Estates Plat 2 has been purchased by one individual who wishes to combine these two lots and building one single family home located in the center of the two properties, and WHEREAS, to facilitate that construction drainage and utility easements must be vacated, and WHEREAS, the City Council of the City of Lino Lakes held a Public Hearing on Monday, July 13, 1998 concerning said vacation request, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the following described drainage and utility easement: The drainage and utility easements over and across the west 5 feet of the north 105 feet of the south 115 feet of Lot 5 and over and across the east 5 feet of the north 105 feet of the south 115 feet of Lot 4, both in Block 1, Country Lakes Estates Plat 2, Anoka County, Minnesota is hereby vacated. Adopted by the Lino Lakes City C ATTEST: )4.64,fLaA oft. • un iI, is 13th • . iL4 •i A '! Ilivan, Mayor Kim of July, 1998. Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 98 - 107 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. • • • • • Council Member Ly den moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION 98-108 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY HANDBOOK, A DATA PRACTICES ADVISORY WHEREAS, During the course of city employment, an employee may be asked to provide personal information which may be classified as either private or confidential, and, WHEREAS, It is important that employees understand State of Minnesota Data Privacy rules, Minnesota Statutes, Chapter 13, and WHEREAS, Employees should know why they are providing potentially private or confidential information about themselves, and WHEREAS, Every employee receives a copy of the Personnel Policy Handbook, and will subsequently be exposed to this advisory, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby adopts into the Lino Lakes Personnel Handbook the attached Data Practices Advisory. Adopted by the Lino Lakes City Council this 13th Day of July, J998. G?2 Mar lyn G. Anderson, Clerk/Treasurer LA, an, Mayor RESOLUTION NO. 98 - 108 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. • • • Council Member Lyden resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98 -110 introduced the following A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY, BONE MARROW DONATION LEAVE WHEREAS, State Statute dictates that a regular or probationary, full-time or temporary employee who seeks to undergo a medical procedure to donate bone marrow shall be granted up to 40 hours of paid leave, and WHEREAS, The Lino Lakes Personnel Policy Handbook is the most appropriate document to make employees aware of their rights and benefits, NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby incorporates into the Lino Lakes Personnel Policy Handbook the attached Bone Marrow Donation Leave Policy. Adopted by the Lino Lakes City Council t is 13 h Day of 998. iiiriw..ayor ni Marilyn G. Anderson Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. • • • RESOLUTION NO. 98 - 110 Page -2- and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. • • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-109 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY SECTION 5.3 EXPLAINING COBRA COVERAGE WHEREAS, the federal Consolidation Omnibus Budget Reconciliation Act (COBRA), 29 United States Code 1161 & Minnesota Statute 62A.17 gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage with the city after a qualifying event, and WHEREAS, the Personnel Policy Handbook is the appropriate place to make employees aware of their benefits and rights, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby incorporates into the Personnel Policy Handbook Section 5.3 which will make employees aware of their rights under COBRA Adopted by the Lino Lakes City Council this 13th Day of July, 199 C � Mar yn G. Anderson, Clerk/Treasurer v', Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98 -111 introduced the following A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY HANDBOOK, A POLICY REGARDING SEVERE WEATHER. WHEREAS, From time to time, severe weather threatens the metropolitan area, and WHEREAS, Severe weather in the form of tornadoes, ice or snow storms or related atmospheric conditions create situations where employees can not make it in to work, or would like to leave work early, and WHEREAS, Due to the nature of work expected from the Police Department and Public Works Department, city offices should be kept open during regular working hours, and WHEREAS, Employees covered by this policy be allowed to use their choice of vacation, sick leave or time -off without pay to avoid hazardous weather conditions. NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes incorporates into the Personnel Policy Handbook the attached Severe Weather Policy for certain employee groups. Adopted by the Lino Lakes City Council this 13th Day of Jul Kim\Sully'van, fyi ayor Marilyn G. Anderson, Clerk/Treasurer • • • • • • RESOLUTION NO. 98 - 111 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Neal resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98 -112 introduced the following A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY, AN EMPLOYEE ASSISTANCE PROGRAM. WHEREAS, The City has in place, and Employee Assistance Program, and WHEREAS, An Employee Assistance Program is administered through our Medica Insurance carrier and designed to assist our employee through a variety of personal issues such as; work stress, legal matters, financial or marital matters, WHEREAS, the Personnel Policy is the most appropriate place to inform employees of the rights and benefits, NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes incorporates our Employee Assistance Program into the Lino Lakes Personnel Policy Handbook. Adopted by the Lino Lakes City Council this 13th Day o y, 1998. 0)116 Marilyn G. Anderson, Clerk/Treasurer Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. • • • RESOLUTION NO. 98 - 112 PAGE -2- • and the following voted against same: none . Whereupon said resolution was declared duly passed and adopted. •