HomeMy WebLinkAbout04/02/2007 Council PacketWORK SESSION AGENDA
CITY OF LINO LAKES
Monday
April 2, 2007
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Stream Health Education Program (SHEP), Marty Asleson
2. Pheasant Hills 13th (Island) — Request to designate proposed bridge as public road
3. ATV /Snowmobile Ordinance
4. Miller's on Main Tent Event Comments
5. Special Event Ordinance
6. April 9 Regular Meeting Agenda Review
Handout from Gordon Heitke re: Lake Dr. /I -35W Interchange Improvements.
Adjourn
Page 1 of 1
Gordon Heitke
From: GBKBOR @aol.com
Sent: Monday, April 02, 2007 7:41 AM
To: Gordon Heitke
Cc: averb002 @umn.edu
Subject: SHEP Presentation @ Council Work Session
Good Morning Gordon,
My daughter is on spring break and we will be traveling to Universities this week as she considers Engineering schools.
will be out of town this evening and will miss Gary Averbeck's presentation on behalf of the RCWSD program.
Please share with the Council that this was a very well run volunteer initiative. Mr. Averbeck represented our City well and
we all acquired working friendships with other volunteers from Cities within the RCWSD jurisdiction. I am grateful for Mr.
Averbeck's thoughtful, scientifically disciplined approach for the identification of macroinvertebrate samplings we collected.
Having the project based through Wargo Nature Center also was helpful to put in the hours required to produce useful data.
I wish to thank the City of Lino Lakes for electing to be a partner in this important data collection project that may help to
evaluate the outcomes of stream improvements and best practice development applications along the water ways in the future.
Thank you Gordon. Barbara Bor
See what's free at AOL.com.
4/2/2007
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•
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WS Item # 1
WORK SESSION MEMORANDUM
Item # 1
To: City Council
From: Marty Asleson
Date: April 2, 2007
Re: Stream Health Education Program
cc: Michael Grochala
Requested Council Direction
Request to update Council on the Volunteer Citizen Stream Health Evaluation Program
called SHEP. SHEP (Stream Health Evaluation Program) is a unique partnership
between FMR Minnesota Waters, the Rice Creek Watershed District, the City of Lino
Lakes and several other public and nonprofit agencies.
Volunteers receive free training in collecting and identifying aquatic invertebrates (i.e.
bugs), who will then put their training to work both in the field and in the lab. It is a rare
opportunity for those interested in conducting and performing professional - quality
analysis.
SHEP volunteers will be among the first in the nation to produce reliable, quality data
that meets regulatory agency muster and can be relied upon to appraise water quality, and
therefore contribute to its protection. Streams to be monitored are located in the Rice
Creek watershed, which includes portions of Ramsey, Anoka and Washington Counties.
Streams include Rice, Hardwood and Clearwater Creeks.
Participation with SHEP is also a 2007 goal of the Lino Lakes Environmental Board
Trevor Russel from MR together with community volunteers presented some of their
findings at an earlier Environmental Board meeting. The Environmental Board made a
recommendation that findings be presented to the Lino Lakes City Council. Mr. Russel
and community volunteers will be present at the work session to present findings.
Gordon Heitke
Page 1 of 1
Sht 10t,i ccs,r,, Z zoO7
From: GBKBOR @aol.com
Sent: Monday, April 02, 2007 7:41 AM
To: Gordon Heitke
Cc: averb002 @umn.edu
Subject: SHEP Presentation @ Council Work Session
Good Morning Gordon,
My daughter is on spring break and we will be traveling to Universities this week as she considers Engineering schools. I
will be out of town this evening and will miss Gary Averbeck's presentation on behalf of the RCWSD program.
Please share with the Council that this was a very well run volunteer initiative. Mr. Averbeck represented our City well and
we all acquired working friendships with other volunteers from Cities within the RCWSD jurisdiction. I am grateful for Mr.
Averbeck's thoughtful, scientifically disciplined approach for the identification of macroinvertebrate samplings we collected.
Having the project based through Wargo Nature Center also was helpful to put in the hours required to produce useful data.
I wish to thank the City of Lino Lakes for electing to be a partner in this important data collection project that may help to
evaluate the outcomes of stream improvements and best practice development applications along the water ways in the future.
Thank you Gordon. Barbara Bor
See what's free at AOL.com.
4/2/2007
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MEMORANDUM
March 28, 2007
To: City Council
From: Jeff Smyser
Subject: Bridge to Island, Pheasant Hills 12th Addition
V\15 x-21
You may recall that the City Council approved the Pheasant Hills 12th Addition project in
September 2004. This project included a private bridge and private utilities. The
approval specifically required that the bridge and utilities would be private.
Staff met with Ed Vaughan recently at Mr. Vaughan's request. Mr. Vaughan tells us that
the MN Dept. of Natural Resources will not allow the bridge to be constructed across
public waters unless the bridge is a public bridge and the local government requests the
crossing. That is, if the bridge is to be built, it would need to be a City bridge and road.
Mr. Vaughan has requested that the City pursue this.
Staff's recommendation on this question has not changed. We do not believe it is in the
public interest for the bridge, road, and utilities to be public infrastructure. They would
be expensive to maintain. Since they would serve only the lots on the island, the
development should bear full responsibility for them.
Mr. Vaughan's position is that it would be in the public interest to provide fire fighting
access to the island even without homes there because it would allow fire fighters to
battle forest fires on the island to protect existing homes in the Quail Ridge
neighborhood.
Staff is seeking direction on whether or not the City Council wants the bridge and road to
the island to be public facilities owned and maintained by the City.
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WS — Item 3
WORK SESSION STAFF REPORT
Work Session Item 3
Date: Council Work Session, April 2, 2007
To: City Council
From: Gordon Heitke
Re: Snowmobile and A11- Terrain Vehicle Ordinance
Background
Police Chief Pecchia briefly discussed updating the snowmobile and ATV ordinance at
the March 5, 2007 work session. Staff is in the process of reviewing changes and
receiving input from affected parties. The Council provided some general direction
regarding the ordinance in order for a draft to be prepared and reviewed at this work
session for possible action on April 12.
Requested Council Direction
Staff is seeking final comments and direction from Council in order for the first reading
of the ordinance to occur April 12.
Attachment
1. Draft Operation of Snowmobiles and All- Terrain Vehicles Ordinance.
1
CHAPTER 807
OPERATION OF SNOWMOBILES
AND ALL - TERRAIN VEHICLES
SECTION:
807.01: Definitions
807.02: Age Restrictions For Snowmobile Operation
807.03: Operation of Snowmobiles Within the Corporate City Limits
807.04: Road Crossing by Snowmobiles
807.05: Snowmobiles at Uncontrolled Intersections
807.06: Snowmobile Equipment Requirements
807.07: Operation of All-Terrain Vehicles Within the Corporate City Limits
807.08: Exemptions From Provisions
807.09: Violation; Penalty
807.01: DEFINITIONS: Unless the context clearly indicates otherwise, the
words, combinations of words, terms, and phrases as used in this chapter
shall have the meanings set forth in this section:
ALL - TERRAIN
VEHICLE: As used in this chapter, "All- terrain vehicle" shall include and
encompass Class I, Class II and Off Road Vehicles ( "ORV's ") as
defined below.
CLASS I:
A motorized flotation -tired vehicle of not less than three (3)
low pressure tires, but not more than six (6) low pressure
tires, that is limited in engine displacement of less than
eight hundred (800) cubic centimeters and total dry weight
less than ninesix hundred (9600) pounds.
CLASS 11: Class 2 all - terrain vehicles means an all - terrain vehicle that
has a total dry weight of 900 to 1,500 pounds.
ORV's ATV'sAll- terrain vehicles over 1,500 pounds. arc still
considered ORV's.
BOULEVARD: The strip of land, usually made of grass, between a roadway and a
sidewalk or pedestrian walking path.
OPERATE: To ride in or on, and control the operation of; a snowmobile or all -
terrain vehicle.
OPERATOR Every person who operates, or is in actual physical control of a
snowmobile or all- terrain vehicle.
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OWNER:
PERSON:
RIGHT -OF -WAY:
ROADWAY:
SAFETY OR
DEADMAN
THROTTLE:
SNOWMOBILE:
STREET OR
HIGHWAY:
A person, other than a lien holder, having the property in or title to
snowmobiles or all-terrain vehicles, and entitled to the use or
possession thereof.
An individual, partnership, corporation, the state and its agencies
and its subdivisions, and any body of persons, whether
incorporated or not.
The entire strip of land traversed by a highway or street in which
the public owns the fee or an easement for roadway purposes.
That portion of a highway improved, designed, or ordinarily used
for vehicular travel, including the shoulder, but not including the
boulevard.
A device which, when pressure is removed from the engine
accelerator or throttle, causes the motor to be disengaged
from the driving track.
Any self - propelled vehicle used for recreational purposes, steered
by skis or runners, and designed for travel on snow, ice, or natural
terrain.
The entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a
matter or right, for the purposes of vehicular traffic.
807.02: AGE RESTRICTIONS FOR SNOWMOBILE OPERATION:
A. Age Restrictions: No person under fourteen (14) years of age shall operate
on streets or highways, or make a direct crossing of a street or highway, as
the operator of a snowmobile. A person fourteen (14) years of age or older,
but less than eighteen (18) years of age, may operate a snowmobile on
streets or highways as permitted under this chapter, and make a direct
crossing thereof only if he /she has in their immediate possession a valid
snowmobile safety certificate issued by the Commissioner of Natural
Resources, as provided by Minnesota Statutes Section 84.86, as amended.
B. Responsibility Of Snowmobile Owner: It is unlawful for the owner of a
snowmobile to permit the snowmobile to be operated contrary to the
provisions of this section.
807.03: OPERATION OF SNOWMOBILES WITHIN THE CORPORATE
CITY LIMITS:
Subdivision 1. Operation of snowmobiles upon the roadway, shoulder, inside
bank, slope of any street or highway, ditch or on the outside bank within the right -
of -way of any street or highway is permitted in conformance with State law and
City ordinances within the corporate limits of the City of Lino Lakes.
Subdivision 2. Except as otherwise specifically permitted and authorized, it
is unlawful for any person to operate a snowmobile within the corporate limits of
the City of Lino Lakes in violation of the following provisions:
1. Anywhere within any public right -of -way except on the roadway
surface or as otherwise provided in this chapter.
2. On a public sidewalk or walkway provided or used for pedestrian
travel.
3. On private property of another without lawful authority or consent
of the owner or occupant.
4. On any publicly owned lands and frozen waters (lakes, rivers,
streams and ponds), not previously listed or authorized for such use
by the proper public authority, including, but not limited to, school
grounds, park property, playgrounds, recreation areas and golf
courses. Use in those areas previously listed or authorized for such
use by the proper public authority shall be lawful, and
snowmobiles may be driven in and out of such areas only by the
shortest route possible. Authorized areas in the City of Lino Lakes
owned by the City shall be designated by City Council resolution.
5. At any place while under the influence of an alcoholic beverage or
controlled substance.
6. At any speed in excess of fifteen (15) miles per hour on a public
street or highway, or anywhere at a rate of speed greater than
reasonable or proper under all the surrounding circumstances.
7. At any place in a careless, reckless, or negligent manner, so as to
endanger the person or property of another, or to cause injury or
damage thereto.
8. So as to tow any person or thing on a public street or highway,
except through use of a rigid tow bar attached to the rear of the
snowmobile.
9. At a speed greater than fifteen (15) miles per hour when within one
hundred feet (100') of any riverbank or lakeshore; or within one
hundred feet (100') of fishermen, icehouses, or skating rinks; nor
shall operation be permitted within one hundred feet (100') of any
sliding area nor where the operation would conflict with the lawful
use of property, or would endanger other persons or property.
10. In a manner so as to create loud, unnecessary, or unusual noise,
which disturbs, annoys, or interferes with the peace and quiet of
another.
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11. Snowmobiling shall be prohibited after ten o'clock (10:00) P.M.
and before seven o'clock (7:00) A.M. Sunday through Thursday,
and between twelve o'clock (12:00) A.M. and eight o'clock (8:00)
AM. Friday and Saturday. This provision is not intended to
prohibit snowmobiles from entering or leaving the City of Lino
Lakes during the above hours, provided that the operator of a
snowmobile utilizes the most direct route of travel to and from the
operator's residence or destination.
12. Every person leaving a snowmobile in a public place shall lock
the ignition, remove the key and take the same with said person.
13. It is unlawful to intentionally drive, chase, run over, kill or
otherwise take or attempt to take any animal, wild or domestic,
with a snowmobile.
14. Authorized snowmobiles may be used on any public property
within the city for rescue, emergency, or law enforcement
purposes.
807.04: ROAD CROSSING BY SNOWMOBILES: A snowmobile may make a
direct crossing of a street or highway, provided:
1. The crossing is made at an angle of approximately ninety degrees
(90 °) to the direction of the street or highway, and at a place where
no obstruction prevents a quick and safe crossing.
2. The snowmobile is brought to a complete stop before crossing the
shoulder or main traveled way of the highway.
3. The driver yields the right of way to all oncoming traffic, which
constitutes an immediate hazard.
4. In crossing a divided street or highway, the crossing is made only
at an intersection of such street or highway with another public
street or highway.
5. If the crossing is made between the hours of one-half 0/2) hour
after sunset to one -half (1/2) hour before sunrise or, in conditions
of reduced visibility, only if both front and rear lights are on.
807.05: SNOWMOBILES AT UNCONTROLLED INTERSECTIONS:
Subdivision 1. No snowmobile shall enter any uncontrolled intersection without
making a complete stop. The operator shall then yield the right -of- way to any
vehicles or pedestrians that constitute any immediate hazard.
Subdivision 2. An uncontrolled intersection includes, but is not limited to,
roadways, streets, highways, sidewalks, and paths designed for pedestrian traffic.
807.06: SNOWMOBILE EQUIPMENT REQUIREMENTS:
Subdivision 1. It is unlawful for any person to operate a snowmobile any place
within the corporate limits of Lino Lakes unless it is equipped with the equipment
set forth as follows:
1. Muffler, Cutout, Bypass: Standard mufflers which are properly
attached and in constant operation, and which reduce the noise of
operation of the motor to the minimum necessary for operation. No
person shall use a muffler cutout, bypass, straight pipe or similar
device on a snowmobile motor, and the exhaust system shall not
emit or produce a sharp popping or crackling noise.
2. Brakes: Brakes adequate to control the movement of and to stop
and hold, the snowmobile under any conditions of operation.
3. Safety Throttle: A safety or so- called "deadman" throttle in
operating condition so that when pressure is removed from the
accelerator or throttle, the motor is disengaged from the driving
track.
4. Lights: At least one clear lamp attached to the front, with
sufficient intensity to reveal persons and vehicles at a distance of at
least one hundred feet (100') ahead during the hours of darkness
under normal atmospheric conditions.
a. Such headlamp shall be so aimed that glaring rays are not
projected into the eyes of an oncoming vehicle operator.
b. It shall be equipped with at least one red tail lamp having a
minimum candlepower of sufficient intensity to exhibit a
red Light plainly visible from a distance of five hundred feet
(500') to the rear during the hours of darkness under normal
atmospheric conditions.
c. Such equipment shall be in use when the vehicle is
operated between the hours of one -half (1/2) hour after
sunset, or one -half (1/2) hour before sunrise, or at times of
reduced visibility.
807.07: OPERATION OF ALL - TERRAIN VEHICLES WITHIN THE
CORPORATE CITY LIMITS:
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Subdivision 1. No person shall enter and operate an all - terrain vehicle on lands
not owned by the person, except where otherwise allowed by law, without the
express written or oral permission of the owner, occupant, or lessee of such lands.
Subdivision 2. Except as otherwise specifically permitted and authorized, it is
unlawful for any person to operate an all- terrain vehicle within the corporate
limits of the City of Lino Lakes in violation of the following provisions:
1. No person shall enter and operate an all- terrain vehicle on any
roadway, street or highway within the corporate city limits of Lino
Lakes.
2. No person shall enter and operate an all - terrain vehicle upon any
bank or slope of any street or highway ditch within the corporate
limits of the City of Lino Lakes.
3. On a public sidewalk or walkway provided or used for pedestrian
travel.
4. At any place while under the influence of an alcoholic beverage or
controlled substance.
5. On any publicly owned lands and frozen waters (lakes, rivers,
streams and ponds), not previously listed or authorized for such use
by the proper public authority, including, but not limited to, school
grounds, park property, playgrounds, recreation areas and golf
courses. Use in those areas previously listed or authorized for such
use by the proper public authority shall be lawful, and all- terrain
vehicles may be driven in and out of such areas only by the shortest
route possible. Authorized areas in the City of Lino Lakes owned
by the City shall be designated by City Council resolution.
6. All- terrain vehicle operation shall be prohibited after ten o'clock
(10:00) P.M. and before seven o'clock (7:00) A.M. Sunday through
Thursday, and between twelve o'clock (12:00) A.M. and eight
o'clock (8:00) A.M. Friday and Saturday.
7. It is unlawful to intentionally drive, chase, run over, kill or
otherwise take or attempt to take any animal, wild or domestic,
with an all- terrain vehicle.
8. In a manner so as to create loud, unnecessary, or unusual noise,
which disturbs, annoys, or interferes with the peace and quiet of
another.
9. At a speed greater than fifteen (15) miles per hour when within one
hundred feet (100') of any riverbank or lakeshore; or within one
hundred feet (100') of fishermen, icehouses, or skating rinks; nor
shall operation be permitted within one hundred feet (10(Y) of any
sliding area; nor where the operation would conflict with the lawful
use of property, or would endanger other persons or property.
10. At any place in a careless, reckless, or negligent manner, so as to
endanger the person or property of another, or to cause injury or
damage thereto.
11. Authorized all - terrain vehicles may be used on any public property
within the city for rescue, emergency, or law enforcement
purposes.
807.08: EXEMPTIONS FROM PROVISIONS: The City's enforcement agency,
the or the County Sheriffs Department. DNR, and the Minnesota State
Patrol, in order to provide enforcement, shall be exempt from the
requirements of this chapter.
807.09 VIOLATION; PENALTY: Any person violating any provision of this
chapter shall be guilty of a misdemeanor and, upon conviction thereof;
shall be punished by imprisonment of not more than ninety (90) days, a
fine of not more than $1,000.00, or both, plus the costs of prosecution in
either case.
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WS Item #4
WORK SESSION MEMORANDUM
To: City Council
From: Julie Bartell
Date: April 2, 2007
Re: Comments from 2006 Miller's on Main Tent Event
Miller's on Main, a Lino Lakes bar /restaurant located at 8001 Lake Drive, has conducted
a two -day special event during August of the past few years. The event is held during the
weekend of Blue Heron Days in a tent in the parking lot with music (live bands), food
and beverages.
Following the 2006 event, the City Council was addressed by a resident in the vicinity of
Miller's with concerns about the level of noise created by the event (see attached council
minutes of August 28, 2006). A note was distributed door -to -door by the resident and
additional comments were received.
The Council indicated that noise monitoring of events would be appropriate in the future
and also suggested that the noise issue be revisited in 2007.
Requested Council Direction
To regulate noise, the City has the full force of the city code and associated state
guidelines. If the Council deems that regulation beyond the code is needed to address
noise from a special event, staff presents the following options for consideration:
1) Permit Conditions: There have been conditions attached to event permits
including the language "...reasonably necessary precautions shall be taken by the
applicant to ensure that the sound of the assembly will not carry unreasonably...." The
Council could strengthen or add conditions in this area or in enforcement of the
conditions.
2) Event Hours: The previous year's Miller's event was scheduled between the
hours of 8:00 p.m. and 12:00 midnight on Friday and Saturday. The Council could
impose an earlier end time, keeping in mind that noise regulations recognize 10:00 p.m.
as the hour when less noise is acceptable.
3) Noise Monitoring: The police department is the responsible local authority for
monitoring noise. The department must prearrange the loan of monitoring equipment and
have trained staff prepared to accomplish the monitoring for an extended period. The
Council may wish to direct the police department to conduct monitoring at this year's
event.
Attachments
City Council Minutes of August 28, 2006
Citizen Comments and Complaints with map (private data removed)
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COUNCIL MINUTES AUGUST 28, 2006
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
3
4
5 DATE : August 28, 2006
6 TIME STARTED : 6:37 p.m.
7 TIME ENDED : 8:48 p.m.
8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert,
9 Stoltz and Mayor Bergeson
10 MEMBERS ABSENT : None
11
12 Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins;
13 Community Development Director, Mike Grochala; Chief of Police, Dave Pecchia (part); City
14 Engineer, Jim Studenski; City Planner, Jeff Smyser, Finance Director, Al Rolek (part); Chief of
15 Police, Dave Pecchia (part); and City Clerk, Julie Bartell
16
17
18 OPEN MIKE
19
20 Mr. Darold Olson, 898 Lois Lane, came forward and asked if the Council had given any consideration
21 to the noise volume for the outdoor concert at Millers on Main during Blue Heron Days.
22
23 City Clerk Bartell advised there were several conditions of approval that were included in the permit.
24 One of those conditions stated the volumes could not exceed the City's noise ordinance
25
26 Mr. Olson stated the music was very, very loud and many of his neighbors also complained about the
27 volume.
28
29 Mayor Bergeson stated the City should monitor the noise for certain events. He suggested the
30 neighbors also contact City staffregarding this issue. This issue should also be addressed next year
31 during this event.
32
33 SETTING THE AGENDA
34
35 Item 1D, Consider Accepting Donation from Centennial Firefighters Relief Assn. for 2006 Safety
36 Camp was moved to Item 3B under Administration Department Report.
37
38 The agenda was approved as amended.
39
40 CONSENT AGENDA
41
42 Council Member O'Donnell moved to approve the Consent Agenda, as amended. Council Member
43 Reinert seconded the motion. Motion carried unanimously.
44
Citizen Comments and Complaints
Miller's on Main Tent Event
August 18 -19, 2006
Resident
Positive Comments
Negative Comments
800 block of Lois Lane
Noise level too high; couldn't have
windows open without being
disturbed
700 block of Vicky Lane
Supports the event, good for
businesses in the area, once a
year is okay
800 block of Oak Lane
Noise levels too high; one night is
bad enough; two is too many;
people have complained every year
800 block of James
Street
Supports Miller's event
7000 block of Knoll
Drive
Does not oppose event, just
noise level
Next year turn it down — lower
noise level
900 block of Main Street
Supports the Miller's event
7000 block of Nancy
651- 786 -1751
Supports the Miller's event
8000 block of Aenon
Place
Too much noise; Chad is taking
advantage
700 block of Vicky Lane
Music way too loud. Lives only a
block away.
8000 block of Aenon
Place
Music began at 6 pm and lasted
until 3 am.
7000 block of Knoll
Drive
Music was so loud that the
windows on her house rattled %
mile away. Called the police two
times.
Address not given
Noise is a problem; city needs to
balance business interests with
residential livability
•
•
...14
ct
•
WS Item #5
WORK SESSION MEMORANDUM
To: City Council
From: Julie Bartell
Date: April 2, 2007
Re: Special Events Ordinance
The City receives requests from individuals and organizations to conduct outdoor special
events within the city. An example of a special event would be a parade, carnival, fair or
outdoor concert. These events often require city assistance or review in order to ensure
that public safety standards are met and city liability is addressed.
The City has been issuing special event permits, using an application that allows staff to
gather the necessary information to preview the events and place conditions on issuance
of a permit. However, there hasn't been any language in the City Code specific to special
events. Having an ordinance regulating special events in the code would make city
regulations more clear and the permit process and the inclusion of conditions with
permits more justifiable.
Using model language prepared by the League of Minnesota Cities and surveying special
event language used by other cities, staff has drafted a special events ordinance. The
police, fire and public service departments and the city attorney have reviewed and
provided input for the proposed ordinance. The ordinance predominantly puts into the
code the special event process the city has been using but also includes the following:
- defines the size of a special event (50 or more persons);
- establishes an application period (45 days prior to event);
- exempts non - profits from paying the application fee ($50) but not from paying
city incurred costs;
- reference to the state fire code in its current or future form;
- language that will allow notification of residents/businesses as a condition, if
warranted;
- excepts city parks (so a special event permit wouldn't be required in city parks);
- adds language allowing for permit denial;
- adds indemnification language.
The Council will continue to receive special event requests and maintains the authority to
grant permits.
Requested Council Direction
Staff is seeking final comments and direction from Council in order for the first reading
of the ordinance to occur April 12.
Attachments
Proposed special events permit ordinance
•
•
•
•
151 Reading:
Published:
2ntl Reading:
Effective:
To County Recorder
Council Member moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. -07
AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 615 RELATED TO
SPECIAL EVENTS
The City Council of The City of Lino Lakes do ordain as follows:
Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a
new Chapter 615 to read as follows:
CHAPTER 615. SPECIAL EVENTS
• 615.01 Purpose and Findings.
The purpose of this chapter is to protect the health, safety and welfare of the citizens
of this city by regulating the time, place and manner of conduct of special events and by
establishing permit requirements for conducting special events such as are herein defined.
The City Council finds that special events often exceed the city's capacity to provide usual
city services. These city services include, but are not limited to sanitary, fire, police and utility
services. The City Council also finds these regulations necessary to ensure that such events
are conducted with sufficient consideration given to public safety issues, including, among
other things, the impact of these events on parking and vehicular traffic within the city.
615.02 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Person: A natural person, association, organization, club, group formed for a common
purpose, partnership of any kind, limited liability company, corporation or any other legal
entity.
Special Event. An outdoor gathering of at least 50 individuals whether on public or
private property, assembled with a common purpose for a period of one hour or longer.
Special Events include, but are not limited to concerts, fairs, carnivals, circuses, parades, flea
markets, marathons, walkathons, festivals, races, bicycle events, celebrations, or any other
gathering or events of similar nature. Special Events do not include noncommercial events
held on private property such as graduation parties or social parties.
615.03 Permit Required.
No person shall hold, conduct or participate in a special event within the city unless a
permit has been issued for such event upon timely written application made to the city.
615.04 Application for Permit.
In addition to the general licensing application requirements included in Section
601.02, each written application for a special event permit must be made at least 45 days in
advance of the event's proposed date in a form prescribed by the City Council. This
application period shall not begin to run until a complete application has been filed with the
city. Application forms shall be made available in the office of the city clerk. A fee, in the
amount specified in the Ordinance Establishing Fees and Charges, shall be paid to the city
along with the completed application form. In addition to the fee, the applicant shall pay all
additional costs incurred by the city as a direct result of the special event. Nonprofit entities,
as defined as 501(c) or (d) by the Internal Revenue Code of 1986 as amended, shall be
exempt from payment of the permit application fee but not from city incurred costs. Failure to
provide a complete application or to pay the fee, as herein required, is sufficient reason to
deny the special event permit.
615.05 Issuance of Permit, Conditions and Posting.
(A) Special event permits will be issued upon City Council approval. The Council may
attach reasonable conditions to the permit as are deemed necessary to protect the health,
safety and welfare. Such conditions may pertain to any of the following:
(1) Location and hours during which the event may be held;
(2) Sanitation /availability of potable water;
(3) Security /crowd management;
(4) Parking and traffic issues;
(5) Emergency and medical services;
(6) Clean -up of premises and surrounding area /trash disposal;
(7) Insurance;
(8) Lighting;
(9) Fire service /safety, including meeting all requirements of the State Fire
Code, as it may be amended from time to time
(10) Temporary construction, barricades /fencing;
(11) Removal of advertising /promotional materials;
(12) Noise levels;
(13) Alcohol consumption;
(14) Notification of residents or businesses;
(15 ) Any other conditions which the Council deems necessary.
•
•
•
615.06 Exceptions to the Permit.
• The permit requirement contained in this chapter does not apply to the following:
(A) Special events sponsored and managed by the city;
(B) Funerals and funeral processions;
(C) The grounds of any school, playground, city park, place of worship, hotel
conference center, stadium, athletic field, arena, auditorium or similar place of assembly
when used for regularly established assembly purposes.
615.07 Denial of Application
A permit may be denied based upon a determination that:
(A) The event would seriously endanger public safety;
(B) The event would unreasonably inconvenience the general public;
(C) The event would unreasonably infringe upon the rights of abutting properties;
(D) The event would conflict with another proximate event or interfere with
construction or maintenance work;
(E) There are not sufficient safety personnel or other necessary staff to accommodate
the event;
(F) Other issues in the public interest were identified by the city council.
• 615.08 Penalty
•
(A) Any person who violates any condition of a special event permit or any provision
of this chapter shall be guilty of a misdemeanor punishable as prescribed by Minnesota State
Law.
(B) Enforcement of this division may, at the Council's discretion, take any of the
following forms:
(1) Citation /criminal prosecution;
(2) Injunctions, declaratory judgments or other civil remedies;
(3) Permit revocation;
(4) Disbursement of persons gathered.
615.08 Indemnification
Permit holder agrees to defend, indemnify and hold the City, its officers and employees
harmless from any liability, claim, damages, costs, judgments, or expenses, including
attorney's fees, resulting directly or indirectly from an act or omission including, without
limitation, professional errors and omissions of event promoter, its agents, employees, arising
out of or by any reason of the conduct of the activity authorized by such permit and against all
loss caused in any way be reason of the failure of the event promoter to fully perform all
obligations under this section.
John Bergeson, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2007.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member and upon a vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
•
•
•
1--)( tit) LOLL-t loda
Memorandum
Date: April 6, 2007
To: City Council
From: Gordon Heitke
Re: Lake Dr. / I -35W Interchange Improvements
I am attaching a breakdown of the funding sources for the City's share of the Lake Drive
and I -35 interchange project costs. You will note that this spreadsheet has a higher
amount of city contribution than the Agenda Item 6A staff report. This spreadsheet was
prepared with the costs and funding sources known as of January 2007 and prior to
MnDOT agreeing to contribute an additional $176,000, as reported to the Council at the
April 23, 2007 work session and reflected in the staff report.
Attachment: Project Budget Summary (SEH Est 01/07)
Updated 01/12/07
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