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HomeMy WebLinkAbout02/13/1989 Council Minutes._a. hi r Council Meeting February 13, 1989 The regular meeting of the Lino Lakes City Council was called to order by Acting Mayor Reinert at 7:00 P.M., Monday, February 13, 1989. Council Members present: Neal, Bohjanen, Bisel. Members absent: Mayor Benson. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Building Official, Pete Kluegel; Planner, John Miller; Police Chief, Dean Campbell; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. 9• CONSIDERATION AND APPROVAL OF MINUTES Work Session with Engineer, January 17, 1989 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Neal seconded the motion_ Motion carried unanimously. Joint Meeting with Centerville and Circle Pines, January 17, 1989 - Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously_ Mayor's Address to Council, January 23, 1989 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. Regular Council Meeting, January 23, 1989 - Mr. Neal moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. Work Session Regarding Fire District, January 30, 1989 -Mr. Bohjanen moved to approve these minutes as presented. Mr. Neal'seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS January 31, 1989 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. February 13, 1989 - Mr. Bohjanen moved to approve these Disbursements as presented. Mr. Neal seconded the motion. Mr. Bisel questioned the disbursement for Banyon Data Systems for $208.50. Mr. Schumacher explained that this was software not included in the original package. Voting on the motion, motion carried unanimously. OPEN MIKE No one appeared under Open Mike. TIM BUSSE, REPRESENTATIVE FROM REPRESENTATIVE SIKORSKI'S OFFICE, DISCUSSION OF CLEAN WATER ACT Mr. Busse. introduced himself.`to the Council and passed out to the Council a copy. o_f :the P;roposed Regulations. for: Lead :.:in Drinking Water. He explained that these regulations are being proposed by the Environmental Protectic,-Agency-- -,an d are designed to prevent corrosion of lead and copper plumbing `- materials by water and to remove lead from distributed water. Final rules are now being developed by the EPA and will probably be forwarded to the legislature for their review in November, 1989. No legislation will be enacted on this matter. .97 Mr. Schumacher asked how these regulations will affect this City and Mr. Busse said the City will be responsible for effective corrosion control treatment by adding a corrosion inhibitor to the water system. The cost will vary depending on the size of the system and the level of the problem. Mr. Neal asked if Mr. Busse was aware of the requirement for getting into an academy such as the Naval Academy. Mr. Busse said the person can contact a congressman, senator or the Vice President for help in this matter. Mr. Neal asked Mr. Busse if he is aware of any cuts in funding for senior citizens. Mr. Busse said none that he was aware of. Acting Mayor Reinert noted that Lino Lakes has been dealing with the issue of zip codes for a number of years and explained the problem. Mr. Busse said he was aware of some of this matter but would check further and get information back to the Council as to what Mr. Sikorski could do for Lino Lakes. Mr. Schumacher told Mr. Busse that the Economic Development Committee has been working to improve business prospects in Lino Lakes and one concern is that there are not enough freeway interchanges in the City. He said that the EDC is looking at requesting one more interchange on each freeway (35E and 35W). Mr. Busse said he would check to see what federal funding is available for interchanges. Mr. Bohjanen said that the veteran's hospital is looking at major cuts in funding. He asked why veteran's services are being hit so hard. Mr. Busse said that Mr. Sikorski is aware of this situation and explained that the Veteran's Administration actually requested les's money but this is being corrected. Acting Mayor Reinert thanked Mr. Busse for coming this evening and hoped Mr. Busse would take the additional thoughts back with him. INTRODUCTORY PRESENTATION. OF SHORT— ELLIOT— HENDRICBSON — DAN' BOXRUD. appeared before the Council X98 introduce themselves and SEH. They thanked the Council for the opportunity to share Lino Lake's engineerif';_ actzvit'es ;' and explained the background of the firm and their own personal background. Mr. Bisel explained that his concern is that the engineering firm will take a look at Lino Lakes and its future growth so that something is not done twice. Mr. Neal said he was interested in seeing if there is more than one way to do a project, i.e., he would like the engineer to present alternate plans for one project. Acting Mayor Reinert suggested that at some point the two engineering firms get together so that there will be a good understanding on how everything will be related_ Mr. Schumacher said he would provide SEH with all necessary documents so that they understand where Lino Lakes presently is in terms of engineering. He said he thought there would be a smooth transition. Acting Mayor Reinert thanked Mr. Boxrud and Mr. Lund for coming this evening. PUBLIC HEARING - REZONE, BALDWIN LAKE COURT Acting Mayor Reinert opened the public hearing at 7:47 P.M. Mr. Miller reviewed the application noting that this request is to rezone Lots 12 and 13, Block 1, Arthur E. Thom Acres from R -1, Single Family Residential to R -6, Manufactured Homes to allow forthe. expansion of the Baldwin Lake Court. Mr. Miller explained that the parcel is to the south of the Court, contains seven acres and would allow for the expansion of about twenty new manufactured homes. The Planning and Zoning Board did consider this request and recommended approval of--it on a split vote. Mr. Miller outlined the four options to be considered by the Council. He further noted that the Woodridge Estates preliminary plat has been approved by the Council and explained that this subdivision of single family executive type homes will be within 1500 feet of this area. He also commented that his proposed rezone would not be helpful for helping Lino Lakes to upgrade its stack of housing. Acting Mayor Reinert outlined the procedure for this public hearing and asked for public comment from persons opposed to the rezone request. Paul Zak, 6238 Laurene Avenue told the Council that he did not receive a notice.regarding this public hearing. He noted that he has lived.in this =area for ten years and likes the present atmosphere'.` He`•felt the area would deteriorate if this request was approved.:, He explained that some..:of:.this -area has 'been rezonedSeveral times since `he 'has lived there 1� 9 , and was concerned about the willingness to approve something that is not already there. He explained the die did not--.see __ what the expansion of the Court would provide the community. William Morrison, 6297 Hodgson Road said he was opposed because he has not seen a preliminary plat plan. He said he would remain opposed until he can see what is planned. Bob Lichtscheidl, 6259 Laurene Avenue said he was opposed and felt it was very "abrasive" putting trailers next to R -1 zoned property. He explained that years ago he lived in an area where this same thing happened, however the trailer park owner was required to establish a buffer between the trailer park and the R -1 properties. He asked if Lino Lakes was planning to build good homes on one side of the City and trailers on the other side. Keith Morrison, owner of Lots 41 and 42, Block 1, Arthur E. Thom Acres explained that he had bought these two vacant lots for investment purposes. He said he does not see how the proposed rezone would improve his land values. Eventually he would like to sell his land to a developer and felt this would be hard to do if the rezone is approved. Jim Holt, 6261 Laurene Avenue explained that he has lived next to Lot 12 for fifteen years. He noted that during this time the Court has moved closer and closer to his property. He had understood that lots 12 and 13 would remain R -1. Paul Zak told the Council that he had talked to Mr. John Webster, former owner of Lots 12 and 13 who told him that at the time the-lift station was built on his property, four hook -ups were installed for future R -1 use and explained that there would be a cul -de -sac in that area. Paul Howard, 6333 Hodgson, owner of Baldwin Lake Court told the Council that he has been reviewing minutes from the January, 1989 Planning and Zoning Board meeting and finds that a number of comments he made are not included in the minutes. He gave the Council a copy of the opening comments for this evening. Mr. Howard explained that when he talked to Mr. Miller about this matter he assured Mr. Howard that there would be no surprises. He noted that prior to the Planning and Zoning meeting he had mailed a Ietter to adjacent residents that he could identify and he has not heard from any of them. He addressed the concerns raised this evening. He noted two studies that indicate-manufactured housing does not have any affect on R -1 housing,so that there'.are no grounds to believe this will happen-and in :some cases the property_ values actually. improved. He ":noted,:that trailers grow. old in.the' same manneras. cars.., grow .old `and are replaced Since._ Mr. =: ,. Howard purchased the = 'Courtthe area ^has been- upgraded and 0 there are only three of the original trailers remaining in the court. Mr. Howard explained that a storagey_area has:been established for boats and other large articles owned by the residents so that there is nothing sitting next to a home. He explained that there are no cars of any type stored in this area. Mr. Howard referred to the comment by the P & Z Board that stick built homes are easier to cc_trol than manufactured homes. Mr. Howard said he felt manufactured homes are much more controlled and noted that there is P & Z Board review, Minnesota Department of Health review and review by the Building Codes division of the State of Minnesota as well as other reviews. Mr. Howard noted that in 1983 the P & Z Board appointed a Task Force to consider the zoning in Lino Lakes. At that time the Task Force drew in boundary lines as they then existed. They did not allow for any expansion. He felt that if he had owned the Webster property at that time the Task Force would have included that property in the R -6 zoning. Mr. Howard further noted that eighteen property owners were notified of this public hearing and only five have appeared to voice opposition. This must mean that the remaining property owner have no objections. Mr. Bisel asked for an explanation of the area proposed to be rezoned. This was explained. Acting Mayor Reinert asked how many units were in the current Baldwin Lake Court. Mr. Howard explained seventy five (75). Mr. Bohjanen asked for an explanation of the price range of homes Mr. Howard planned to place on Lots 12 and 13. Mr. Howard explained that they would range from $25,000 to about $40,000, they would have pitched roofs, and would be properly skirted, anchored and landscaped. Mr. Howard noted that this is affordable housing for young people just entering the housing market or for older adults. He noted the variety of people who live at Baldwin Lake Court. Mr. Howard also noted that at this time Lino Lakes supply of affordable housing is at zero. He felt that he has improved the housing stock at the Court and this is also an improvement over what is in the immediate area. Mr. Howard also explained that he has never had a complaint from the City or from neighbors. Mr. Bisel asked Mr. Howard if he were allowed the rezone, how many additional units would be added to Baldwin Lake Court. Mr. Howard explained approximately twenty (20) depending on the site plan. Mr. Bisel asked how many stick built homes could be placed on Lot 12 & 13 if the zoning remained R -1. Mr. Miller said about eight (8). Mr. Bohjanen asked if'Mr:_:Howard planned`.'- to:.put in some screening between sthe new homes andthe; R -1 area. Mr :_' ..Howard said yes,` this would'be'required..b y'theP &'Z- 'Board': 1 COUNCIL MEETING FEBRUARY 13, 1989 and would have to be approved by the City Council. Mr. Neal asked what type of screening would be installed. Mr. Howard explained tht this would be outlined by the P & Z Board and noted that probably the adjoining property owners would have input as well. Mr. Lichtscheidl asked for an explanation ,f the terminology regarding manufactured housing. He particular-11J -2Ued what type of foundation would these units be placed on. Mr. Howard explained that the units are transported on wheels, are set on concrete block which are on footings, are skirted and anchored. This procedure is controlled by the State of Minnesota. Mr. Lichtscheidl noted that there is no foundation such as found on stick built homes so that basically these are trailers. Mr. Neal said that he looked around the Court and did not find any junk cars. However he noted that he found several in the surrounding neighborhood. There was no one else to speak in favor of the rezone. Mr. Bisel moved to close the public hearing at 8:17 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Acting Mayor Reinert explained that the P & Z Board has voted in favor of the rezone request from Paul Howard. Mr. Miller has given his recommendations and outlined the options available on the "green sheet" attached to the materials from the P & Z Board. Mr. Miller has recommended denial of the request::. because it. is inconsistant with the Comprehensive.- Land Use Plan and it is inconsistant with recent nearby rezonings and with existing planned single — family development. Mr. Bisel moved to deny the rezone request from Paul Howard to rezone Lots 12 and 13, Block 1, Arthur E. Thom Acres from R -1, Single Family Residential to R -6, Manufactured Homes. This motion died because it was not seconded. Mr. Bisel explained his reasoning for the motion. He asked if this Council wanted to get into rezoning this property and noted that is would take a four fifths vote of the Council. He said he has no problem with referring this to the Economic Development Committee for their review and comment. Mr. Neal moved to accept'Option R1, "Open hearing, take citizen comments and continue the hearing allowing the EDC time to comment ". Mr. Bohjanen seconded the motion. Motion carried with all members voting, aye. Mr. Hawkins told the Council that they should be careful to consider the request in the time allotted by the City Code. :Afterdiscussing.the amount of time:remaining.to consider this-matter,'Mr.: :Bohjanen -moved to re—open :the public hearing • COUNCIL MEETING FEBRUARY 13, 1989 and continue the hearing to February 27, 1989 at 7:30 P.M. Mr. Bisel seconded the motion_ Motion carried unanimously. Acting Mayor Reinert asked for clarification of the difference of opinion between the P & Z Board and Mr_ Miller. He told Mr. Howard that he could carry on his conversation with the neighbors possibly clarifying matters for them. PUBLIC HEARING - VACATION OF EASEMENTS, RESOLUTION NO. 07 - 89 AND VARIANCE FOR'RESHANAU LAKE ESTATES SOUTH, 2ND ADDITION Acting Mayor Reinert opened the public hearing at 8:25 P.M. Mr. Stahlberg explained that Mr. Uhde has sold Lots 7 & 8, Block 2, Reshanau Lake Estates South, 2nd Addition to one buyer who wishes to build one large home on the center of the two lots. He explained that this request is to vacate the drainage easement between the two lots. He explained that it was not necessary to maintain the drainage easement between these two lots and the variance would be necessary because the required set back from the lot line would be lost when the house was built on the two lots. There was no one in the audience to speak for or against this request. Mr. Bisel moved to close the public hearing at 8:30 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to take . the recommendation of the P & Z Board and grant the vacation of easements between Lots 7 and 8, Block 2, Reshanau Lake Estates South, 2nd Addition and the variance to set back requirements and to approve Resolution No. 07 - 89. Mr. Bohjanen seconded the motion. After discussing whether all issues should be considered in one motion, Mr. Bisel agreed to drop the easement issue from the motion and Mr. Bohjanen agreed. Voting on the motion, motion carried unanimously. Mr. Bisel moved to approve Resolution No. 07 -89 granting a vacation of easements between Lot 7 and 8, Block 2, Reshanau Lake Estates South, 2nd Addition. Mr. Bohjanen seconded the motion. Motion carried unanimously. Resolution No. 07 - 89 can be found at the end of these minutes. IMPROVEMENT HEARING - RESHANAU LAKE ESTATES SOUTH, 3RD ADDITION Acting Mayor Reinert opened the public hearing at 8:33 P.M. Mr. Stahlberg outlined the area'.of::Reshanau'.,Lake Estates South that is included in`this' public hearing. He noted that COUNCIL MEETING FEBRUARY 13, 1989 C) Mr. Uhde has submitted a final plat of the balance of the property he owns. However, this improvement hearing concerns only a portion of the 3rd Addition or PhaseIIIA. Mr. Stahlberg explained that he has overhead projector presentations on this improvement if the Council wishes to see them. He noted that all of this was discussed at the preliminary plat hearing. The Council did not have questions on this matter and there was no one in the audience to speak for or against this matter. Mr. Bisel moved to close the public hearing at 8:35 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Stahlberg further explained to the Council that he will be preparing plans and specifications for the entire 3rd Addition although this addition will be improved in two stages. He noted that a resolution requesting plans and specifications would be on the February 27, 1989 Council Agenda. Mr. Bisel moved to approve the improvements for Reshanau Lake Estates South, 3rd Addition. Mr. Neal seconded the motion. Motion carried unanimously. SECOND READING - ORDINANCE NO. 01 - 89 DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER AND SOLICITOR Chief Campbell explained that the Council expressed concerns regarding this ordinance at the first public hearing. He has consulted with the City Attorney and has suggested two changes. to the ordinance. Basically the changes include issuing a single license to a business or organization although they may have several representatives in the area. They must identify all of their representatives in this one license. The second area of concern dealt with school children, Boy Scouts and Girl Scouts. Additional language was added to exempt them from the license requirements. Mr. Bisel noted that the length of the license seemed rather long. Chief Campbell explained that is related to the season that this type of business occurs. M. Neal suggested that the ordinance be more restrictive concerning the hours in which a transient merchant can operate. Chief Campbell noted that the hours relate to daylight hours. Mr. Bisel said he looks at this ordinance as an attempt to correct a problem currently existing and if it should need amending, then it can be amended when the need arises. Mr. Bisel moved to approve the second reading of Ordinance No 01 - 89 with the wording change as suggested by Chief Campbell. Mr. Neal seconded the motion: Motion carried tt r 1: L 1l U L1 R. 1 1 J 3 unanimously. This ordinance is found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 06 - 89 FOR ACQUISITION OF PORTABLE BREATH TESTER Chief Campbell explained that the State of Minnesota is providing the Police Department an opportunity to obtain a Alco- Sensor alcohol testing device on a loan basis. This resolution is needed so that the Police Department can be eligible for the loan of the device. He noted that he has two devices and this third device will not cost his department any money. This instrument does not give accurate readings, it just indicates when a user passes or fails and then the user is asked to take a blood alcohol test. This allows the officer to make determinations at the scene. Mr. Neal moved to approve Resolution No. 06 - 89. Mr. Bohjanen seconded the motion. Motion carried unanimously. This resolution can be found at the end of these minutes. ENGINEER'S REPORT - RON STAHLBERG a Comprehensi've Storm Drainage Plan - Mr. Stahlberg explained that he has included a copy of an overall Comprehensive Storm Drainage Plan for Section 18 of Lino Lakes in the Council packet. This Plan uses existing wet lands for drainage. Mr. Bisel asked for an explanation of the last sentence in - paragraph 2, page 6. Mr. Stahlberg explained how smaller . areas drain into the larger areas and the smaller areas are sometimes referred to as subwatersheds. Mr. Neal moved to authorize Mr. Stahlberg to proceed with step two in - implementing this drainage plan by authorizing him. to research the necessary easement requirements. Mr. Bohjanen seconded the motion. Motion.carried unanimously. Summary of Action of Meeting with West Shadow Lake Drive Residents - Mr. Stahlberg reviewed his memorandum to Mr. Schumacher dated January 6, 1989 regarding this matter. Mr. Miller reviewed the meeting that was held on January 4, 1989 with approximately nine residents attending. It was explained that state aid funds were available for the improvement and concerns of the citizens were noted. An informal pole was taken and the people favored doing nothing until further information was available. It was decided to .request that the City Council update a previous feasibility study to include sewer, water and streets for four possible alternative projects_..LIt was also decided to hold another informal meeting after the feasibility-study .was completed. Acting Mayor Reinert': noted that the. bottom- :Iine:is. that if there is to be any movement on: this-, matter. the.: issue of costs ..will-.:have-to be defined. COUNCIL MEETING FEBRUARY 13, 1989 1? Mr. Miller referred to his meeting with residents from Elm Street, another proposed area for a state aid road project. He asked the Council if they preferred that nothing be done with the West Shadow Lake Drive project until something is resolved on Elm Street. He noted that here too, the usual question is what will their costs be. In both cases, there are some residents who say they do not want any improvement and there are some who say something has to be done. Mr. Miller noted that within a week or two the Council will be receiving a petition form some residents on the east side of 35E who want a proposed road from Otter Lake Road to West Bald Eagle Drive completed. Also there are some people in this area who want utilities. The problem with this proposed street is the state aid definition of a road eligible for state aid funding. Mr. Miller further explained to the Council the quandry that the City is in regarding the funds that have accumulated in the state aid fund for Lino Lakes. The City is in danger of loosing some of the funds. Mr. Stahlberg said the concern now is to get a project going using state aid funds by September, 1989. He also noted that part of this problem relates to the City Charter in which the citizens have the ability to stop an improvement project no matter how important it is to the City. Mr. Bisel asked what should this Council do. It was decided that on' any of the projects currently under consideration, nothing will be done until a feasibility study with cost estimates is completed for each suggested improvement. Mr. Bisel,moved to approve a study for West Shadow Lake Drive not to exceed $2,500.00. Mr. Bohjanen seconded the motion. Mr. Bisel noted that this study will be good for a number of years. Voting on the motion, motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins noted that the easements for the 80th Street have been signed and are ready for Council action. Mr. Bohjanen moved to accept these easements. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF LIASON REPORTS Planning and Zoning Board, Harold Bisel - Mr. Bisel explained that Mr. Prokop was elected Chairman of the P & Z Board at their regular January meeting. The Board is currently two members short due to two resignations. Mr. Alan Irwin was elected Vice - Chairman. Park Board, Andy Neal - Mr. Neal explained that the Park Board is currently working on a trail system forLino Lakes. - He has.met with Mr.-=:rTorkildson, Anoka, County` Park. Department and has, asked. that the Regional Park Advisory Board be'° COUNCIL MEETING FEBRUARY 13, 1989 activated so that Lino Lakes can have some input into the development of the regional park. Mr. Torkildson is considering holding three or four meetings a year. Roads, Andy Neal - Mr. Neal said that he has attended a Board meeting in Columbusownship and there was a discussion of hiring Lino Lakes tp do some of the blacktopping for Columbus Township. They would also like to share some services. Columbus Township asked for more information regarding spraying oil on Pine Street to control the dust. Last year oil was sprayed on only the Lino Lakes side of Pine Street. Mr. Neal said he has had contact with County Commissioner Margaret Langfeld who has told him that there will be work on Ash Street in 1990. Both Ramsey-and Anoka County will share the costs. Economic Development Committee, Mr. Bisel - Mr. Bisel said this committee is in the process of compiling a report in conjunction with Laventhal & Horwith. He felt the report would be,,done in March. The committee is also developing a brochure for prospective businesses. The next meeting is Wednesday, February 22, 1989. Forest Lake Youth Service Bureau, Bill Bohjanen -sir. Bohjanen explained that Mr. Neal attended the appreciation banquet and Lino Lakes was presented with a Certificate of Appreciation for their donation to this organization.. Mr. Neal was nominated to their Board of Directors. OLD BUSINESS Request from Adams Outdoor Advertising for Refund of Deposits for Conditional Use Permits - Mrs. Anderson explained that Adams Outdoor Advertising has applied for two conditional use permits to erect two billboards, one on 35W and one on 35E. Both requests were denied by the City Council. Adams Outdoor Advertising has written a letter to the City requesting a refund of the total fee paid for the two requests. The deposit for each request is $50.00 for a permit fee (this fee is not refundable) and $300.00 for escrow. Charges by the City Planner, Engineer and Attorney are deducted from the escrow. Adams Outdoor Advertising has submitted a total of $700:00 with the two conditional use permit applications. As with all other applicants, the $50.00 fee is not refundable and in this case there were two applications,_ making a total of $100.00 that is not`refundable. In.this case only the City Planner reviewed"` this_: request and.his fee is $165.00.:.: Therefore -I am recommending that the City Council:only .refund - the::.balance of :$435:'00 ($ 700.00, less :the.- $1.0.0.00 application fees and less $165.00 charged by Mr. Miller). Mr. Schumacher explained that this policy is consistant with the policy for -all applicants for conditional use permits, variances and COUNCIL MEETING FEBRUARY 13, 1989 subdivision requests. The Council has approved this procedure as part of recouping some of the salary costs of the City Planner and recouping some of the other consultant costs. Mr. Bisel moved to refund the balance of 5435.00 to Adams Outdoor Advertising -and document where the funds were spent. Mr. Bohjanen seconded the motion. Motion carried unanimously. Consideration of an Agreement with White Bear Lake Ambulance Service for the Southeast Corner of Lino Lakes - Mr. Schumacher asked the Council to set aside money in the 1989 Budget for the purpose of contracting with White Bear Lake for paramedic services for the southeast corner of Lino Lakes. He noted that the City Attorney has reviewed the Contract for Services and made some recommendations for adjustments. White Bear Lake has suggested that these changes he made at the end of the year when all changes for all contracts are made for all cities. The cost for this service iO $1,100.00. Mr. Neal told the Council that he was riding in a squad car at Lake Drive and Highway #49 this morning when a medical call came from Rolling Hills Drive. He noted that it took nine minutes to get to the scene and the ambulance was just behind the squad car..-He felt.. that was impressive. Mr. Bisel moved to approve the contract as presented. Mr. Neal seconded the motion. Motion carried unanimously. Elm Street Neighborhood Meeting - Mr. Miller outlined the meeting held on January 26, 1989 with several residents along Elm Street for the purpose of presenting information about pending development in portion of the City and the use of state aid funds to upgrade Elm Street. A questionnaire has now been sent to the residents asking their preference for various Elm Street options ranging from doing nothing to rebuilding the street to state aid standards. Mr. Miller did not have a breakdown on the response_to the questionnaires but it appears that there will be some for an improvement and some against any improvement. Again the question is what will it cost the residents-and this can only be estimated in a feasibility study. Mr. Miller said he would have survey results for the next Council meeting and Acting Mayor Reinert asked that this be placed on the next Council Agenda. NEW BUSINESS Centennial Fire District Steering Committee:: Report - Acting Mayor Reinert explained that:he -:had= attended this-first`. Steering Committee meeting. The purpose of this meeting was to sort out various items to be considered as issues. The next meeting will be Tuesday, February 21; 1989 at 8:00-A.M 0 3 . COUNCIL MEETING FEBRUARY 13, 1989 at the Centerville City Hall. At this meeting, each City will have an opportunity to lav out their priority items. Some issues already raised are, 1) formula study, and 2) representation in terms of weighting of the "boat ". Acting Mayor Reinert said he felt that not every member of the Steering Committee felt these were the first priorities. He said he felt that the Fire Department is worth something to all the member cities and from that point it becomes cost plus. He is keeping his options open. Consideration of Adding Two Investment Firms to List of Bank Depositories - Mr. Schumacher explained that the original list of depositories were approved on January 9, 1989 and recently two more firms have submitted the necessary data so that they can also be appointed. Mr. Bisel move to add Kidder, Peabody and Company and Dain Bosworth, Inc. to the list of depositories. Mr. Bohjanen seconded the motion. Motion carried unanimously. Consideration of Gambling License Request, Rice Creek Trail Associatidn, -Mrs. Anderson explained that this organization has submitted the necessary information to meet the requirements of the Gambling Ordinance. Chief Campbell has completed the investigation. She reminded the Council that this was the organization that did not share any of its proceeds with the City or any organization in the City. Mr. Bohjanen noted that now this organization will be required to submit a monthly report and disclose where there money is going. There was discussion regarding the fact that the City cannot require that any of the proceeds be used for governmental purposes, however the ordinance does require that 10% of -the proceeds are to be given to organizations that directly benefits citizens of Lino Lakes. Mr. Bisel said that this organization had come before the Council and asked to use a portion of a park for their trail system and that request was granted. He suggested dealing with this organization or any others who want to make special requests of the City. Acting Mayor Reinert suggested that Mr. Volk contact this organization and try to bargain with them for some type of a contribution. ~ - Mr. Bisel moved to approve the gambling license for Rice Creek Trails Assn. Mr. Neal seconded the motion. Motion carried unanimously. Consideration of Gambling License Request, Circle -Lex V F W, Post _ #6583 - Mrs. Anderson said this organization has had a license. for. many years'; and..Chief Campbell has performed. the',. required investigation: Mr. Bohjanen explained,; the_ donations by ,the.V F.:W.:to.. many? charitable causes.`.`t MBise: •m.oved ` .toK. approve the gambling license for the Circle -Les V F W, Post #6583. Mr. Neal seconded the motion. Motion carried. unanimously, LOUN Ib r,LL'i 1Fvi FEBRUARY i:i, 1 d9 Authorization to Prepare Request for Proposals on a Facility Study - Mr. Schumacher noted that he had talked about this issue at the Council meeting on Saturday noting that dollars have been set aside in the budget to evaluate the needs for future municipal facilities such as public safety building, public works building or possibly a new city hall. He noted that it would not cost anything for preparation of the request. Mr. Bisel, moved to authorize Mr. Schumacher to prepare a request .Dar proposals on a facility study. Mr. Neal seconded the motion. Motion carried unanimously_ Consideration of Setting a Public Hearing for 1989 Community Development Block Grant Funds for March 13, 1989, 7:30 P.M. - Mr. Bohjanen moved to set this public hearing. Mr. Bisel seconded the motion. Motion carried unanimously. Water Quality Study at Prison - Mr. Bisel reminded the Council that Mr. Neal had picked up the reports on the test wells outside of the prison and now Mr. Neal has given them to Mr. Volk. He asked that the lady who voiced concern regarding the water quality in these wells be contacted and given the information that she requested. Mr. Stahlberg noted that he also has a copy of the study and will get this information to the Council and the lady who attended the hearing. Letter From Mr. Kluegel Regarding Building Violation in the Regional Park - Acting Mayor Reinert asked that this matter be placed on the next Council Agenda. Mr. Bisel moved to adjourn at 9:55 P.M. Mr. Bohjanen seconded the motion_ Aye. These minutes' were considered and approved at a regular council meeting on February 27th 1989. M R t LY G. ANDERSON Clerk- Treasurer B 17 AMI r G. B NSON v u CITY OF LINO LAKES RESOLUTION NO. 07 - 89 RESOLUTION VACATING A PORTION OF EASEMENTS ON LOTS SEVEN AND EIGHT, BLOCK TWO, RESHANAU LAKE ESTATES SOUTH, 2ND ADDITION WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: G. M. Development, Inc. developer of Reshanau Lakes Estates South, 2nd Addition has requested that a portion of the utility easements on Lot 7 and Lot 8, Block 2, be vacated as shown on the attached map, and The easements as indicated on the map have reviewed by the City Engineer and the City and no adverse future problems were noted, been Planner and A public hearing was held on February 13, 1989 at 7:45 P.M. before the City Council in the City Hall after due published and posted notice had been given by the Clerk on January 31, 1989 and Februay 7, 1989 and all persons interested were given an opportunity to be heard; and, It appears.that it willbe- .for .the-best interest of the City to vacate-such-easements, and four fifths of all the members of the Council concur in this resolution, NOW THEREFORE, BE IT RESOLVED, that the portion of utility easement shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino Lakes this 13th day of February, 1989. Benjamin (/ ilyn . Anderson Clerk-Treasurer Benson, M. yor 1 2 1 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 01 - 89 AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTIN ACTIVITIES. The City Council of the City of Lino Lakes hereby ordains as follows: Section 1. Definitions 1.) A "transient merchant" is any person whose business in the'.City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purpose uses or occupies any structure; vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, -.that a transient merchant shall not bey construed'to` mean any.-person who while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person -so- engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of temporarily associating with or conducting such transient ,business- in connection with a local businessman. 2.) A "peddler" is any person.traveling from place to place and /or house to house who carries his merchandise with him, offering and exposing the same for-sale, and making deliveries to purchasers, or any - person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance; 3.) A "canvasser" or "solicitor" is any person traveling from place to place and /or house.to-house who takes orders for the future delivery of erchandise or for services to be preformed in the future, whether or not such person exposes. : -a-sample.or: collects advance..: payments . on .such: sales; provided, .however :.that :-_such: definition .shall also`-include -any- person occupies _any temporary : structure, vehicle or: other place rfor the - primary purpose of - exhibiting -samples "and = taking :*orders`' for future delivery_'' .2 1 Section 2. License Required A license shall be required for any transient merchant, peddler, canvasser, or solicitor to operate in the City. The license period will be six (6) months. A single license may be issed to a company covering its employees or agents as long as an Application Information, required under Section (5), hereof is completed, for each individual person operating in the City. Section 3. Exclusions No person shall be required to obtain a license in the following instances: A) Occupations licensed and /or bonded pursuant to state law. B) A solicitor or canvasser doing business by appointment. C) A solicitor or canvasser taking orders for the future door -to -door delivery of newspapers. D) Salesmen selling goods to retail or wholesale stores or to professional or industrial establishments. E) The conduct of "garage sales" or "rummage sales F) No licenses shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the_.providing of such services to. regular..custoriers.. Scho61Yaged= children selling items for fundraisers': Section-4. Religious and Charitable Organizations Any organization,; society, association or corporation desiring to`solicit.or have solicited in its name money; donations-of-money or property or financial assistance of any kind or des•iring-to sell or distribute any item:o_f literature or merchandise: for which a fee is charged or solicited'from persons other.'.than members of such organizations upon,-the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non - profit purpose shall be exempt from Section 5 of this ordinance, provided a sworn application in writing on a ford furnished by the city is filed which shall include the following information: A) Name and. purpose of the cause for which the license is sought. Names .and 1addresses of.the officers - and/or .directors =_o he;;.organization` 1 1 The "period rdur ng ;which .the': solicitataon'< zs.s: carried on. Whether or not any commission, fee, wages or emoluments 1 213 are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of the agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Section 5. Application In addition to such information as the City Clerk may require, the application shall also include: A) Name and description of the applicant. B) Permanent hone address and full local address of the applicant. C) A brief written description of the nature of the business, the goods to be sold, and the applicant's method'of operation. D) If employed, the name and addresss of the employer, together with credentials establishing the exact relationship. E) The length of time which the applicant intends to do business in.the .city with the approximate dates_ F) The--place. where `tile` goods or• property proposed' to be sold, on order taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. G) A photograph of the applicant, taken within 60 days immediately:prior to.the date of filing of -the application, which picture shall.be two (2):inches by two (2) inches showing the head`andshoulders of-the applicant in a clear and distinguishing manner. A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance,involving activities licensed under this Chapter,the nature of the offense and the punishment or penalty assessed therefore. I) If a vehicle is to be used, a description of the same together with license number orother means of identification_ A statement of the nature,-character, and quality of the goods, wares, or ;merchandise to be sold.:or,:offered for. - sale by--applicant, -the :invoice value; and: quality -`of'. such goods, wares,. - -and merchandise, whether the same are`. proposed to be`_sold= from stock : in possession :'or by : sample; at auction by direct -sale, or by •taking orders' for:.future delivery_ A brief statement of -the nature character, and cOntent. 21 of the advertising done or proposed to be done in order to attract customers (samples may be requested). L) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative_ M) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Section 6. Prohibited Practices No person under this ordinance shall: A) Sell or solicit before the hour of 9 A. M. or after 9 P.M. unless a previous appointment has been made_ B) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no Peddlers or solicitors are allowed. Such signs shall have letters a minimum of 1/2 inch high. C) Occupy for the purpose of advertising and /or conducting business any area within a sight triangle, at any road intersection. D) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and /or conducting business. Section "7. License Fees Fees for licenses shall be as set from time to time by City Council resolution. Section 8. Penalties Whoever does any act forbidden by this ordinance or omits or . fails to do any act by this ordinace shall be guilty of a misdemeanor and subject to all penalties provided for under Minnesota-law. Section 9. Effective Date This ordinance shall take effect and be in force upon its passage and publication aS required by law. Adopted by the City Council of the City of Lino Lakes this thirteenth day of February, 1989. 1 1 1 Marilyn ' . Anderson - Clerk- Treasurer CITY OF LINO LAKES RESOLUTION N0. 06 - 89 RESOLUTION ENTERING INTO AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY FOR THE PURPOSE OF RECEIVING PRELIMINARY BREATH TEST INSTRUMENTS BE IT RESOLVED that the City of Lino Lakes enter into an agreement with the State of Minnesota, Department of Public Safety for the purpose of receiving from the State of Minnesota, Department of Public Safety, preliminary breath test instruments on a loan basis for use by law enforcement officers to assist in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or local ordinanceA in conformity therewith. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized to execute such agreement. Adopted by the Lino Lakes City Council this 13th day of February, 1989. Marilyn G. Anderson, Clerk- Treasurer STATE OF MINNESOTA COUNTY OF ANOKA --111W-•"." Benjamin /G Benson, Mayor CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lino Lakes at a duly authorized meeting thereof:held:on the thirteenth day of February, _1989,: as shown by :the minutes of . said meeting. in my possession. 1 Marilyn G'. Anderson, Clerk- Treasurer 1 COUNCIL MEETING FEBRUARY 13, 1989 I/2 Maril 7. These minutes were considered, corrected and approved at the Council meeting on February 27 , 1989. :enjamin Benson, Mayo n . Anderson, Clerk- Treasurer 217