HomeMy WebLinkAbout09-11-2017 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, September 11, 2017
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty
City Administrator: Jeff Karlson
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher, and Mayor
Reinert were present
Pledge of Allegiance
Open Mike / Public Comment - Richard Williams, 498 62nd Street, asked about an
easement vacation on property near his home (Item 6A); Staff responded to Mr.
William’s questions
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented
SPECIAL PRESENTATION
A) Introduction of 2017-2018 Lino Lakes Ambassadors
B) Proclamation – September 17-23 – United States Constitution Week
Daughters of the American Revolution, Anoka Chapter
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) September 11, 2017 (Check No. 106634 through 106728) in the
amount of $411,909.13
B) Consider Approval of August 28, 2017 Work Session Minutes
C) Consider Approval of August 28, 2017 Council Meeting Minutes
D) Consider Resolution 17-93, Authorizing Issuance of a Special Event Permit
for Hammerheart Brewing Company.
E) Consider Approval of Off-Sale Liquor and Tobacco License for Clayton Gratz -
Liquor Barrel, Julie Bartell
Action Taken: Motion by Kusterman, seconded by Manthey, to
approve Consent Agenda Items 1A through 1E as presented, was
adopted:
2. FINANCE DEPARTMENT REPORT
No report
Council Agenda -2- September 11, 2017
EXPANDED AGENDA
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider 1st Reading of Ordinance No. 09-17, Amending the Lino Lakes Code
of Ordinances by removing Section 611.10, Gambling Tax, Julie Bartell
Action Taken: Motion by Rafferty, seconded by Maher, to approve
the 1st Reading of Ordinance No. 09-17 as presented, was adopted
4. PUBLIC SAFETY DEPARTMENT REPORT
No report
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Public Hearing: Consider 1st Reading of Ordinance No. 08-17, Vacating
Drainage Easement on 520 62nd Street, Katie Larsen
Action Taken: Motion by Rafferty, seconded by Maher, to approve
the 1st Reading of Ordinance No. 08-17 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Kusterman, seconded by Manthey, to adjourn at 7:05 p.m.
Community Calendar – A Look Ahead
September 11, 2017 through September 25, 2017
Wednesday, September 13 6:00 pm, Council Chambers Planning & Zoning
Monday, September 25 6:00 pm, Community Room Council Work Session
Monday, September 25 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, September 11, 2017
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty
City Administrator: Jeff Karlson
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call
Pledge of Allegiance
Open Mike / Public Comment
Setting the Agenda: Addition or deletion of agenda items
SPECIAL PRESENTATION
A) Introduction of 2017-2018 Lino Lakes Ambassadors
B) Proclamation – September 17-23 – United States Constitution Week
Daughters of the American Revolution, Anoka Chapter
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) September 11, 2017 (Check No. 106634 through 106728) in the
amount of $411,909.13
B) Consider Approval of August 28, 2017 Work Session Minutes
C) Consider Approval of August 28, 2017 Council Meeting Minutes
D) Consider Resolution 17-93, Authorizing Issuance of a Special Event Permit
for Hammerheart Brewing Company.
E) Consider Approval of Off-Sale Liquor and Tobacco License for Clayton Gratz -
Liquor Barrel, Julie Bartell
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider 1st Reading of Ordinance No. 09-17, Amending the Lino Lakes Code
of Ordinance by removing Section 611.10, Gambling Tax, Julie Bartell
4. PUBLIC SAFETY DEPARTMENT REPORT
No report
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
Council Agenda -2- September 11, 2017
6. COMMUNITY DEVELOPMENT REPORT
A) Public Hearing: Consider 1st Reading of Ordinance No. 08-17, Vacating
Drainage Easement on 520 62nd Street, Katie Larsen
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Community Calendar – A Look Ahead
September 11, 2017 through September 25, 2017
Monday, September 11 6:30 pm, Community Room Park Board
Monday, September 11 6:30 pm, Council Chambers City Council Meeting
Wednesday, September 13 6:00 pm, Council Chambers Planning & Zoning
Monday, September 25 6:00 pm, Community Room Council Work Session
Monday, September 25 6:30 pm, Council Chambers City Council Meeting
PROCLAMATION
CONSTITUTION WEEK
SEPTEMBER 17-23, 2017
WHEREAS, September 17, 2017, marks the two hundred twenty-ninth anniversary of
the drafting of the Constitution of the United States of America by the Constitutional
Convention; and,
WHEREAS, it is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary, and to the patriotic celebrations which will
commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as
Constitution Week;
NOW THEREFORE, BE IT RESOLVED that I, Jeff Reinert, Mayor of the City of
Lino Lakes, do hereby proclaim the week of September 17 through 23, 2017 as
CONSTITUTION WEEK
and urge all citizens to study the Constitution, and reflect on the privilege of being an
American with all the rights and responsibilities which that privilege involves.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Lino Lakes to be affixed.
Adopted by the Lino Lakes City Council on September 11, 2017.
__________________________
Jeff Reinert, Mayor __________________________
Attest: Julie Bartell, City Clerk
CITY COUNCIL WORK SESSION August 28, 2017
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : August 28, 2017 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 6:25 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7
Maher, Manthey and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
Staff members present: City Administrator Jeff Karlson; City Planner Katie Larsen; City 11
Engineer Diane Hankee; City Clerk Julie Bartell. 12
13
1. Review Regular Agenda of August 28, 2017 – 14
15
3A) Consider Resolution No. 17-88, Accepting Bid from Alpha Video for Council 16
Chambers and Master Control Room System Upgrade - 17
18
Administrator Karlson reviewed the two bids received. The bids were competitive but 19
there is clearly a better offer from Alpha Systems; the bids overall came in at a very 20
reasonable cost. Also included is a one-year service agreement, at an additional cost. 21
The council asked about the service contract cost proposed by the other bidder, Z 22
Systems, and Administrator Karlson reported that they did not include service costs in 23
their bid. The mayor asked if that was included in their whole bid and also asked if other 24
cities have service agreements. Administrator Karlson remarked that he believes so. 25
Council Member Rafferty wondered if the equipment wouldn’t be under warranty for the 26
first year. Administrator Karlson said the equipment is under 90 day warranty. 27
28
6A) Consider 2nd Reading of Ordinance No. 07-17 to Rezone Property from R-X, 29
Rural Executive to GB, General Business for All Seasons Rental/SS Properties 30
Addition (7932 Lake Drive) 31
32
City Planner Larsen briefly reviewed the recommendation to approve the second reading 33
of the ordinance that will rezone certain property related to the All Seasons Rental 34
project. First reading was discussed and approved previously. 35
36
6B) House Addition Final Plat – City Planner Larsen explained the request to final 37
plat the project. She noted that the wetland would still be protected 38
39
6C) Consider Resolution No. 17-85, regarding variance previously approved at 40
6602 Pheasant Run – City Planner Larsen explained the request that relates to a 41
previously approved variance for construction of a garage. A shed was anticipated to be 42
moved also but wasn’t moved as allowed. It is the staff and Planning & Zoning Board 43
recommendation that the variance be amended to allow for the shed as moved. 44
45
CITY COUNCIL WORK SESSION August 28, 2017
DRAFT
2
6D) Resolution No. 17-90, Accepting Water Storage Siting Study and Authoring 46
Geotechnical Evaluations – City Engineer Hankee explained that staff will giving a 47
formal presentation at the council meeting. The question of additional water storage for 48
the city has been studied and recommendations will be presented. The council did 49
receive a presentation earlier regarding the possibilities. Council Member Rafferty 50
noted that he has heard some concerns expressed regarding the possibility of building 51
storage on the school property; he knows that it’s easiest to building this type of structure 52
on a site that isn’t surround by development. Ms. Hankee noted that several sites will be 53
evaluated. 54
55
The meeting was adjourned at 6:25 p.m. 56
57
These minutes were considered, corrected and approved at the regular Council meeting held on 58
September 11, 2017. 59
60
61
62
63
Julianne Bartell, City Clerk Jeff Reinert, Mayor 64
65
COUNCIL MINUTES August 28, 2017
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : August 28, 2017 4
TIME STARTED : 6:30 p.m. 5
TIME ENDED : 7:30 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 7
Manthey, and Mayor Reinert 8
MEMBERS ABSENT : 9
10
Staff members present: City Administrator Jeff Karlson; City Planner Katie Larsen; City Engineer 11
Diane Hankee and City Clerk Julie Bartell 12
13
PUBLIC COMMENT 14
15
Norma Heuer, 8289 20th Avenue N, addressed the council regarding an asphalt plant planned for the 16
City of Columbus, about a half block from her home. She noted concerns about traffic, pollution (air 17
and water), noise pollution, five hundred dump trucks by her home every day, and being told that that 18
the opinion of Lino Lakes’ residents doesn’t matter. She noted that the Mayor of Columbus has told 19
her that there is an agreement on the project with other area mayors (Lino Lakes, Hugo, Forest Lake). 20
21
Mayor Reinert clarified that he has signed no agreement but he has been doing the best lobbying he 22
can in communicating with the Columbus officials about resident concerns and urging them to stop 23
the project. He noted his understanding that the land isn’t zoned for that use so the council could 24
reject the project. He also mentioned that the nearby Running Aces organization is much opposed to 25
the project. He also encouraged any council members with similar concerns to reach out to the City 26
of Columbus officials. 27
28
SETTING THE AGENDA 29
30
The agenda was approved as presented. 31
32
SPECIAL PRESENTATION 33
34
Mayor Reinert presented a Certificate of Recognition to Austin Eisch for attaining the rank of Eagle Scout. 35
36
CONSENT AGENDA 37
38
Council Member Maher moved to approve the Consent Agenda, Items 1A through 1F as presented. 39
Council Member Rafferty seconded the motion. Motion carried on a voice vote. 40
41
ITEM ACTION 42
Consideration of Expenditures: 43
August 28, 2017 (Check No. 106544 through 106633) in 44
amount of $237,732.26 Approved 45
COUNCIL MINUTES August 28, 2017
2
46
August 7, 2017 Council Work Session Minutes Approved 47
48
August 14, 2017 Council Meeting Minutes Approved 49
50
August 14, 2017 Special Council Work Session Minutes Approved 51
52
Consider Resolution No. 17-89, Adopting the General 53
Records Retention Schedule for Minnesota Cities Approved 54
55
Consider Resolution No. 17-91, Approving a Peddler 56
License for Keyprime Roofing and Remodeling Approved 57
58
Council Member moved to approve the Consent Agenda, Items 1A through 1F, as presented. 59
Council Member seconded the motion. Motion carried on a voice vote. 60
61
FINANCE DEPARTMENT REPORT 62
63
There was no report from the Finance Department. 64
65
ADMINISTRATION DEPARTMENT REPORT 66
67
3A) Consider Approval of Resolution No. 17-88, Accepting Bid from Alpha Video for the 68
Council Chamber and Master Control Room System Upgrade - Administrator Karlson recalled 69
that the council authorized the issuance of a Request for Proposals on this upgrade project. Two bids 70
were received and staff is recommending acceptance of the low bid from Alpha Video. He noted that 71
the bids came in a very favorable cost. The resolution does include authorization for a one-year 72
service contract as well. 73
74
The council discussed the service contract element. They suggested that staff work with the 75
contractor to see if the year period for the service contract could begin after the initial 90-day 76
warranty period. Administrator Karlson said that that element of the resolution language can be 77
removed. 78
79
Mayor Reinert noted that the council has been discussing these needed improvements for some time; 80
he believes competition for the project has kept the bids low. Also it’s notable that the funding for 81
the project are not general funds but rather fees from the cable franchise. 82
83
Council Member Kusterman moved to approve Resolution No. 17-88, as amended to remove 84
language authorizing a one-year service agreement. Council Member Manthey seconded the motion. 85
Motion carried on a voice vote. 86
87
PUBLIC SAFETY DEPARTMENT REPORT 88
89
There was no report from the Public Safety Department. 90
COUNCIL MINUTES August 28, 2017
3
91
PUBLIC SERVICES DEPARTMENT REPORT 92
93
There was no report from the Public Services Department. 94
95
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 96
97
6A) Consider 2nd Reading of Ordinance No. 07-17 to Rezone Property from R-X, Rural 98
Executive to GB, General Business for All Seasons/SS Properties Addition (7832 Lake Drive) – 99
City Planner Larsen reviewed a PowerPoint presentation including: 100
- New facility and proposed location; 101
- This is second reading of a rezoning to General Business for this use. 102
103
Mayor Reinert asked about the screening requirements for adjacent residents. City Planner Larsen 104
reviewed the proposed landscaping and fence that will buffer the residential side of the property 105
(which is actually just being developed). 106
107
Council Member Rafferty moved to waive the full reading of Ordinance No. 07-17. Council Member 108
Manthey seconded the motion. Motion carried on a voice vote. 109
110
Council Member Maher moved to approve the 2nd Reading and Adoption of Ordinance No. 07-17, as 111
presented. Council Member Manthey seconded the motion. Motion carried; Yeas 5; Nays none. 112
113
6B) Houle Addition Final Plat: i. Consider Resolution No. 17-86, Approving Final Plat; 114
ii. Consider Resolution No. 17-87, Approving Development Agreement- 115
116
City Planner Larsen reviewed a PowerPoint presentation including: 117
- One lot, no outlots, on a 30 acre parcel; 118
- Location of new house; 119
- Preliminary plat included two lots but due to the technical costs related to wetlands, applicant 120
is requesting only one lot for final plat; 121
- No subdivision, so no park dedication fee; 122
- Findings of fact; 123
- Development agreement included; 124
- Planning and Zoning Board approval. 125
126
Council Member Manthey moved to approve Resolution No. 17-86, as presented. Council Member 127
Kusterman seconded the motion. Motion carried on a voice vote. 128
129
Council Member Maher moved to approve Resolution No. 17-87, as presented. Council Member 130
Manthey seconded the motion. Motion carried on a voice vote. 131
132
6C) Consider Resolution No. 17-85, Approving an Amendment to Resolution No. 15-19, for 133
6602 Pheasant Run - City Planner Larsen presented information on the request to amend a previous 134
variance approval. A variance was granted in 2015 to construct an attached garage with a variance 135
COUNCIL MINUTES August 28, 2017
4
on the setback. A condition of the variance approval was relocation of a detached shed onto his 136
property. Unfortunately the shed was moved to the garage area thus requiring additional variance. 137
The matter has been reviewed by staff and the Planning and Zoning Board and a recommendation is 138
forwarded to approve the amendment to the variance. 139
140
Council Member Manthey moved to approve Resolution No. 17-85, as presented. Council Member 141
Rafferty seconded the motion. Motion carried on a voice vote. 142
143
6D) Consider Resolution No. 17-90, Accepting Water Storage Siting Study and Authorizing 144
Geotechnical Evaluations – City Engineer Hankee reviewed a PowerPoint presentation including 145
information on: 146
- Identification of need for additional water storage; 147
- Storage types and size recommendation; 148
- Benefits of added storage; 149
- Estimated cost of varying types; 150
- Rationale for constructing a larger storage facility (current style is 1 million gallon and 151
recommendation is for 1.5 million gallon); 152
- Next step in process would be further evaluation of sites; 153
- Study recommendations; 154
- Project timeline. 155
156
Council Member Rafferty remarked that some of the sites being considered are obviously more 157
developed than others. 158
159
Council Member Manthey moved to approve Resolution No. 17-90, as presented. Council Member 160
Kusterman seconded the motion. Motion carried on a voice vote. 161
162
UNFINISHED BUSINESS 163
164
There was no Unfinished Business. 165
166
NEW BUSINESS 167
168
There was no New Business. 169
170
COMMUNITY CALENDAR 171
172
Community Calendar – A Look Ahead 173
August 28, 2017 through September 11, 2017 174
Wednesday, August 30 6:30 pm, Council Chambers Environmental Board 175
Tuesday, September 5 6:00 pm, Community Room Council Work Session 176
Monday, September 11 6:30 pm, Council Chambers City Council Meeting 177
178
179
ADJOURN 180
COUNCIL MINUTES August 28, 2017
5
181
There being no further business, Council Member Rafferty moved to adjourn at 7:30 p.m. Council 182
Member Maher seconded the motion. Motion carried on a voice vote. 183
184
These minutes were considered and approved at the regular Council Meeting, September 11, 2017. 185
186
187
188
189
Julianne Bartell, City Clerk Jeff Reinert, Mayor 190
191
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: September 11, 2017
TOPIC Consider Resolution No. 17-93, Authorizing issuance
of a Special Event Permit for Hammerheart Brewing Co.
VOTE REQUIRED: 3/5
INTRODUCTION
City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these
regulations is to protect the health, safety and welfare of citizens by regulating time, place and
manner of conduct by establishing permit requirements. The City charges a fee of $50 for
special event permits.
BACKGROUND
The City has received an application from Hammerheart Brewing Co. to hold a special event on
their property Fridays, Saturdays, Sundays and occasionally other days of the week from 1:30
p.m. to 9:30 p.m. The special event permit will allow food truck vendors in their parking lot,
serving their customers.
The Public Safety Department has reviewed the applications and have signed off on the permit.
Staff has reviewed the application including their plans for food truck location. Since food
service is involved, a condition is being attached to the permit requiring food vendors to receive
permission from the Anoka County Environmental Services and to provide their state licensing
information.
RECOMMENDATION
Hammerheart’s application for a special event permit meets the requirements of the city code and
has not been found to present any safety concerns. Therefore, staff recommends that the council
approve Resolution No. 17-93, Authorizing issuance of a Special Event Permit.
ATTACHMENTS
Resolution No. 17-93
CITY OF LINO LAKES
RESOLUTION NO. 17-93
APPROVING A SPECIAL EVENT PERMIT FOR HAMMERHEART BREWING CO.
WHEREAS, owner, Nathaniel Chapman has submitted an application for a special event permit;
and
WHEREAS, Hammerheart wishes to allow food truck vendors at their business; and
WHEREAS, a food truck vendor would be present Friday, Saturday, Sunday and occasional
other days of the week from the hours of 1:30 p.m. and 9:30 p.m.; and
WHEREAS, Hammerheart has submitted a plot plan of where the food truck will be located on
their property; and
WHEREAS, food truck vendors are required to contact the Anoka County Environmental
Services at 763-422-7069 for permission to operate in the City.
WHEREAS, food truck vendors are required to provide their state licensing information to
Hammerheart and/or Anoka County Environmental Services.
WHEREAS, the public safety department requires food vendor to be at least 20 feet from the
structure;
WHEREAS, city staff has reviewed the special event plans and have determined that they meet
the requirements of the City’s ordinances;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council hereby authorizes the issuance of a Special Event Permit to Hammerheart
Brewing Co. to be held Fridays , Saturdays, Sundays and occasional other days of the week.
Adopted by the Council of the City of Lino Lakes this 11th day of September, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member _____________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
___________________________
Julianne Bartell, City Clerk
AGENDA ITEM 1E
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: September 11, 2017
TOPIC: Consider Resolution 17-94, Approving Off-Sale Liquor and
Tobacco License for Clayton Gratz, Liquor Barrel
VOTE REQUIRED: 3/5
INTRODUCTION
Mr. Clayton Gratz has applied for an Off-Sale Liquor and Tobacco license and is in the process
of re-purchasing the Liquor Barrel located at 7997 Lake Drive.
BACKGROUND
The application submitted to the City is complete, the related fees have been paid and insurance
information has been provided to the City as required. In addition, the Lino Lakes Police
Department has conducted the required background investigation on the applicant.
In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor
Licensing, this application requires approval by the City Council. The code also requires that
opportunity shall be given to any person to be heard for or against the granting of the license.
The council may then, in its discretion, grant or refuse the application.
If local approval is granted, Mr. Clayton Gratz’s application for an off-sale liquor and tobacco
license will be forwarded to the Minnesota Alcohol & Gambling Enforcement Division for
review. The State of Minnesota is the licensing authority for liquor licenses.
The applicant is aware that approval is subject to all the provisions and conditions of the laws of
the city, state and federal government.
RECOMMENDATION
Staff recommends the approval of the Off-Sale Liquor and Tobacco Licenses for Liquor Barrel.
ATTACHMENTS
Resolution No. 17-94
CITY OF LINO LAKES
RESOLUTION NO. 17-94
APPROVING ISSUANCE OF AN
OFF-SALE INTOXICATING LIQUOR AND TOBACCO LICENSE TO
LIQUOR BARREL
WHEREAS, Clayton Gratz has submitted an application for an off-sale intoxicating
liquor and tobacco license at 7997 Lake Drive in Lino Lakes; and
WHEREAS, city staff has reviewed said application and determined that the request
meets the requirements of the City Code and Minnesota State Statutes for the type of
licenses requested; and
WHEREAS, the Public Safety Department of the City of Lino Lakes has conducted an
investigation of the applicant, and;
WHEREAS, the applicant has provided proof of insurance as required and has paid the
necessary fees; and
WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be
approved by the City of Lino Lakes City Council before submitting for approval to the
Liquor Control Board and will receive final approval upon completion of their inspection;
NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino
Lakes hereby approves an off-sale intoxicating liquor and tobacco license for Liquor
Barrel subject to compliance to all the provisions and conditions of the laws of the city,
state and federal government.
Adopted by the Council of the City of Lino Lakes this 11th day of September, 2017.
The motion for the adoption of the foregoing resolution was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
______________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Julie Bartell, City Clerk
MEETING DATE: September 11, 2017
TOPIC: First Reading of Ordinance No. 09-17
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration of the first reading of Ordinance No. 09-17,
“Amending Title 600, Chapter 611 of The Lino Lakes Code of Ordinances Relating to Lawful
Gambling.”
BACKGROUND
This amendment removes language requiring holders of a City Lawful Gambling Premise
License to pay a local gambling tax to the city.
The city was notified by the state Gambling Control Board that collection of local gambling taxes
are strictly limited to costs incurred by the city for specific activities intended to regulate lawful
gambling. Since the city does not have a regulation process in place that meets this requirement,
staff recommends that the city cease collecting this tax. The city has collected an average of
$1,000 in taxes annually.
State law does allow cities to assess an annual investigation fee on gambling organizations if
there is no local tax. Staff is proposing the addition of a $250 annual fee to the City Fee Schedule.
Currently there are four lawful gambling premise license holders in the city.
In addition to the removal of the gambling tax, staff is recommending two changes to the
gambling regulations relating to reporting. These changes remove the requirement for gambling
organizations to submit monthly/annual accounting reports to the City. The City will retain the
authority to see the gambling records upon request.
RECOMMENDATION
Approve first reading of Ordinance No. 09-17, “Amending Title 600, Chapter 611 of The Lino
Lakes Code of Ordinances Relating to Lawful Gambling.”
ATTACHMENTS
Ordinance No. 09-17.
Chapter 611 of the Code of Ordinances
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 09-17
ORDINANCE AMENDING TITLE 600, CHAPTER 611 OF THE LINO LAKES
CODE OF ORDINANCES RELATING TO LAWFUL GAMBLING
The City Council of Lino Lakes ordains as follows:
Section 1. That Section 611.10 of the above-entitled ordinance be and is
hereby repealed.
§ 611.10 LOCAL GAMBLING TAX.
(1) A local gambling tax of 0.10% is imposed on the gross receipts of a licensed
organization from all lawful gambling less prizes actually paid out by the organization to
be used only by the city to cover the costs of regulating lawful gambling.
(2) The tax shall be paid by the organization on a monthly basis and shall be
reported on a copy of the monthly gambling activity summary and tax return filed with
the Minnesota Department of Revenue. The report shall be an exact duplicate of the
report filed with the Department and must contain the signatures of organization officials
as required on the report form.
(3) The tax return and payment of the tax due must be postmarked or received in
the office of the City Clerk on or before the second day of the second month following
the reportable month.
(4) An incomplete tax return will not be considered timely filed unless corrected
and returned by the due date for filing.
Section 2. That Section 611.11 of the above-entitled ordinance be amended to
read as follows:
§ 611.11 PROFITS FROM GAMBLING.
During any year that an eligible organization is licensed to conduct gambling
events, not less than 50% of the net profits from the operation of gambling by charitable
organization shall be used for charitable purposes directly benefiting residents of the
trade area, which shall be the city and every adjacent city and township. A report of
the annual disposition of the gambling funds shall be provided to the City Clerk on or
before the second day of February each year upon the city’s request.
Section 3. That Section 611.12 of the above-entitled ordinance be amended to
read as follows:
§ 611.12 RECORDS AND REPORTS.
All qualified organizations operating gambling devices in the city shall keep monthly
financial records of gambling proceeds and disbursements and shall submit copies of the
same to the City Clerk on the second day of the second month following the reportable
month.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2017.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
Lino Lakes, MN Code of Ordinances
CHAPT ER 611: LAWFUL G AMBLING
Section
611.01 Adoption of state law by re fere nce
611.02 City may be more restrictive than state law
611.03 P urpose
611.04 Definitions
611.05 Organizations eligible for lawful gambling
611.06 Limitation of gambling licenses
611.07 Council approval
611.08 Application and local approval of premises permit
611.09 Notification of material cha nges to applica tion
611.10 Local gambling tax
611.11 P rofits from ga mbling
611.12 Records and reports
611.13 Management
611.14 Hours of opera tion
611.15 P enalty
§ 6 1 1 .01 ADOPTION OF STATE LAW B Y REFERENCE.
Chapter 349 of the Minnesota Statutes is hereby adopted by refe rence the same as if it were fully set forth herein. The provisions of
M.S. Ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions
relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by re fere nce and are made a part of this
chapter as if se t out in full. It is the intention of the Council that all future ame ndme nts of M.S. Ch. 349, as the y may be amended from
time to time, are hereby adopted by reference or referenced if they had been in existence at the time this chapter was adopted.
§ 6 1 1 .02 CITY M AY B E M ORE RESTRICTIVE TH AN STATE LAW.
The Council is authorized by the provisions of M.S. § 349.213, as it may be a mended from time to time, to impose , and has imposed
in this chapter, additional restric tions on gambling within its limits beyond those contained in M.S. Ch. 349, as it may be amended from
time to time.
§ 6 1 1 .03 PURPOSE.
The purpose of this chapter is to regulate lawful gambling within the City of Lino Lakes, to prevent its commercialization, to ensure
the integrity of operations, and to provide for the use of net profits only for lawful purposes.
§ 6 1 1 .04 DEFINITIONS.
In addition to the definitions contained in M.S. § 349.12, as it may be amended from time to time, the following terms are defined for
purposes of this chapter.
BOARD. The State of Minnesota Gambling Control Board.
CITY . The City of Lino Lakes.
COUNCIL. The City Counc il of the City of Lino Lakes.
LICENSED ORGANIZATION. An organization licensed by the Board
TRADE AREA. The area of the city as well as the area of e ach city and township contiguous to the city.
§ 6 1 1 .05 ORGANIZATIONS ELIGIB LE FOR LAWFUL GAM B LING.
(1) An organization shall not be considered for local consent to conduct lawful gambling in the city unless the organization meets all
of the requirements imposed by state law and unless the organization meets at le ast one of the following conditions:
(a) The orga nization has a t least 15 members that are residents of the city;
(b) The physical site for the organization headquarters or the registered business office of the organization is located within the
city and has been located within the city for at least two years immediately preceding the applica tion for a license;
(c) The orga nization owns re al property within the city and the lawful gambling is conducted on the property owned by the
organization within the city; or
(d) The physical site where the organization regularly holds its meetings and c onducts its activities, other than lawful gambling
and fund raising, is in the city and has been loc ated within the city for at least two years immedia tely preceding application for a
license.
(2) Any organization that purports to meet one of the conditions set forth above shall certify in writing on its application which
condition or conditions are being met.
§ 6 1 1 .06 LIM ITATION O F GAM B LING LICENSES.
No organization shall be considered for local consent to conduct gambling in more than three establishments within the city. Further,
for local consent, only one organization shall be permitted to operate or sell lawful gambling devices at an owned or leased
establishment.
§ 6 1 1 .07 COUNCIL APPROVAL.
Lawful gambling, as authorized by M.S. §§ 349.11 through 349.23, inclusive, a s they may be ame nded from time to time, shall not be
conducted unless approved by the Council, subject to the provisions of this ordinance and state la w.
§ 6 1 1 .08 APPLICATION AND LOCAL APPROVAL OF PREM ISES PERM IT.
(1) App lication. Any organization seeking to obtain a premises permit or renew a premises permit from the Board shall file with
the City Clerk an executed, completed duplicate application toge ther with all exhibits and documents.
(2) Police Dep artment review. Upon receipt of an application for issuance or renewal of a premises permit, the City Clerk shall
transmit the application to the Chief of P olice for review and recommendation. The Chief of P olice shall provide a recommendation as
soon as possible but in no event later than 30 days following receipt of the application.
(3) Co u n c il co n sidera tio n . The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the
application.
(4) Disa p p ro va l. The Council may disapprove an application or issuance or renewal of a premises permit for any of the following
reasons:
(a) Violation by the gambling organization of any state statute , state rule or city ordinance relating to gambling within the la st
three years;
(b) Violation by the on-sale establishment or organization leasing the premises for gambling, of any state sta tute, state rule or city
ordinance relating to the operation of the establishment, including but not limited to laws relating to alcoholic beverages, gambling,
controlled substa nces, suppression of vice and protection of public safety within the last three years; and
(c) Opera tion of gambling at the site would be detrimenta l to the health, safe ty and welfare of the community.
§ 6 1 1 .09 NOTIFICATION OF M ATERIAL CHANGES TO APPLICATION.
An organization holding a state issued premises permit shall notify the city in writing whenever any materia l change in the
information submitted in the application occurs within ten days of the change.
§ 6 1 1 .10 LOCAL GAM B LING TAX.
(1) A local gambling tax of 0.10% is imposed on the gross re ceipts of a licensed organization from all lawful ga mbling less prizes
actually paid out by the organization to be used only by the city to cover the costs of regulating la wful gambling.
(2) The tax shall be paid by the organization on a monthly basis and shall be reported on a copy of the monthly gambling activity
summary and tax return filed with the Minnesota Department of Revenue. The re port shall be an exact duplicate of the report filed
with the Department and must contain the signa tures of organization officials as required on the report form.
(3) The tax return and payme nt of the tax due must be postmarked or received in the office of the City Clerk on or before the
second day of the second month following the reportable month.
(4) An incomplete tax return will not be considered timely filed unless corrected and returne d by the due date for filing.
(Am. Ord. 10-11, passed 2-28-2011)
§ 6 1 1 .11 PROFITS FROM GAM B LING.
During any year that an eligible organization is licensed to c onduct gambling events, not less than 50% of the net profits from the
operation of gambling by cha ritable organization shall be use d for charitable purposes directly benefiting residents of the trade are a,
which shall be the city and every adjacent c ity and township. A report of the annua l disposition of the gambling funds shall be provided
to the City Clerk on or before the second day of February each year.
§ 6 1 1 .12 RECORDS AND REPORTS.
All qualified organizations operating gambling devices in the city shall keep monthly financial rec ords of gambling proceeds and
disburseme nts and shall submit copies of the same to the City Cle rk on the second day of the second month following the reportable
month.
§ 6 1 1 .13 M ANAGEM ENT.
All gambling operations must be managed by a bona fide member of the licensed organization.
§ 6 1 1 .14 HOURS OF OPERATION.
Lawful gambling shall not be conducted between the hours of 2:00 a.m. and 8:00 a.m. on any day of the week.
§ 6 1 1 .15 PENALTY.
Any person who violates this chapter shall be guilty of a misdemeanor.
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
Joe Widing, Community Development Intern
MEETING DATE: September 11, 2017
TOPIC: Public Hearing: Consider 1st Reading of Ordinance No. 08-17,
Vacating Drainage Easement on 520 62nd Street
VOTE REQUIRED: 4/5
INTRODUCTION
Staff is requesting City Council consideration of Ordinance No. 08-17, vacating a drainage
easement over wetlands as dedicated on 520 62nd Street.
BACKGROUND
520 62nd Street is a rural residential parcel located east of Ware Road on the south side of 62nd
Street. The property owner, Eric Van Abel, has submitted a land use application requesting
vacation of a drainage easement over wetlands on the property.
The existing drainage easement over wetlands was originally dedicated to the City of Lino Lakes
in 2015 with the approval of the Walls Property minor subdivision into Parcel A and Parcel B,
with Parcel A being assigned the address 520 62nd Street. Parcel A was approved with a future
single family home being constructed on the north end of the parcel near 62nd Street. The current
owner, Eric Van Abel, would like to construct his home further south on the property into an
area currently covered by a drainage easement. Therefore, the applicant is requesting the
drainage easement that was originally approved with the minor subdivision be vacated to allow
for the construction of a new single family home. A new drainage easement over wetlands will
be re-dedicated over the parcel.
Rice Creek Watershed District has issued Permit No. 17-045 approving minor wetland
alterations for the driveway. A new wetland buffer and conservation easement has been
provided to RCWD.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 08-17.
ATTACHMENTS
1. Site Location Map
2. Ordinance No. 08-17
3. Exhibit A- Walls Property Minor Subdivision (easement to be vacated)
4. Exhibit B- 520 62nd St (proposed easement rededication)
5. Grant of Easements
6. Amendment to Grant of Easements
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1
1st Reading: 09/11/17 Publication:
2nd Reading: 09/25/2017 Effective:
CITY OF LINO LAKES
ORDINANCE NO. 08-17
ORDINANCE VACATING DRAINAGE EASEMENT
(520 62nd Street)
“The City Council of Lino Lakes ordains".
Section 1 Findings
1. The City Council of Lino Lakes has determined to vacate in its entirety the
drainage easement over wetlands on Parcel A as shown in Exhibit A; and
2. Parcel A is legally described as the West 525 feet of the Northeast Quarter of the
Southwest Quarter of Section 32, Township 31, Range 22, Anoka County,
Minnesota. Except the East 66 feet of the North 712 feet thereof, and Except the
North 33 feet of the West 459 feet thereof; and
3. A public hearing was held on September 11, 2017 before the City Council in the
City Hall Council Chambers after due published and posted notice had been given
and reasonable attempts were made to give personal notice to all affected property
owners, and all persons interested were given an opportunity to be heard; and
4. That new drainage easements will be re-dedicated on 520 62nd Street and shall
remain dedicated to the public; and
5. It appears to be in the best interest of the City to vacate such drainage easement;
and
6. Four-fifths of all members of the City Council concur in this ordinance.
Section 2 Easement Vacated
The drainage easement described herein is hereby vacated.
Section 3
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2017.
2
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
Exhibit A
Existing Easements