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HomeMy WebLinkAbout08/28/1995 Council Minutes1 1 1 COUNCIL MEETING AUGUST 28, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : August 28, 1995 . 6:30 P.M. 7 :56 P.M. : Bergeson, Elliott, Neal, Reinert : Kuether Staff Members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Consultant Engineers, John Powell and Steve Heth; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Chief of Police, David Pecchia; Building Official, Pete Kluegel; Public Works Superintendent, Tom DeWolfe; Assistant to the City Administrator, Dan Tesch and Clerk - Treasurer Marilyn Anderson. PRESENTATION TO MAYOR REINERT FROM THE MAYOR OF ISE, JAPAN Mr. Blake Rivard and his daughter Anna Marie Rivard presented a gift to Mayor Reinert from the Mayor of Ise, Japan. Mis. Rivard had recently visited Japan and presented a gift to the Mayor of Ise from Mayor Reinert. Mis. Rivard explained that the gift to Mayor Reinert was a paper weight made from the wood of a popular shrine in Ise. Mayor Reinert thanked Mis. Rivard for the gift and read a letter written to him by the Mayor of Ise. SETTING THE AGENDA Item 4B, Consideration of Accepting an Easement from Roger Nelson, Lakes Addition No. 3 was added to the agenda. OPEN MIKE Introduction of David Ahrens, City Engineer - Mayor Reinert introduced Mr. Ahrens to the audience. Mr. Ahrens briefly outlined his background and noted that he is a resident in Lino Lakes and is familiar with some of the issues and concerns facing the City. He said he has a real strong interest in the City because he is a resident. Mayor Reinert welcomed Mr. Ahrens and explained that Lino Lakes is a very active City and many things are happening that require a dedicated person. He felt that Mr. Ahrens was very capable of handling the task and welcomed him. Chris Lyden, 6275 Holly Drive - Mr. Lyden asked to have several items clarified. He noted an August 8, 1995 letter from Northwest Associated Consultants to Mr. Hokanson, developer of Trapper's Crossing. He specifically referred to Item No. 5, Page 2 and asked COUNCIL MEETING AUGUST 28, 1995 what "periphery" meant. Mr. Ahrens explained that it meant around the perimeter. Mr. Lyden referred to the fence to be installed on the north side of the Walseth property, 1101 Holly Drive. He used the overhead projector to show the location of the proposed fence. Mr. Lyden referred to a meeting with the developer in which it was determined that the Walseth property would be fenced however, other property owners were discouraged from having the opportunity to receive a fence. Mr. Lyden asked the City Council to direct staff to contact the other property owners to determine if they also want a fence. Mayor Reinert explained that he has not seen the letter Mr. Lyden was referring to and explained that the letter would have to be examined from an engineering standpoint. Mayor Reinert said that the entire Council would have to review the matter, probably at a work session, and then the Council would decide what action, if any, was necessary at a regular Council meeting. Ms. Wyland explained that Mr. Lyden is referring to fencing around the subdivision. The subdivision will be completed in phases. The first phase will be on the north side of Holly Drive. In discussions with the developer, it was determined that the fencing issue would be addressed as it related to Phase I since no work is to be done on the south portion of the subdivision. Since that portion of the subdivision will not be completed until about 1997, it was determined to not address that fencing issue until the developers agreement was finalized. The developers agreement that has been completed is for the first phase only. Staff has met with Ms. Walseth and the developer in regard to the fencing issue. Mayor Reinert explained that since this is an open mike item, the City Council cannot take any action other than referring the issue to the staff. Mr. Lyden said that the Walseth property is not the only property adjoining the first phase of this development. Ms. Wyland explained that Ms. Walseth is the only landowner who indicated that they want fencing. Mr. Lyden said he wanted a letter written to the other landowners adjoining the north portion of the subdivision stating that they too have a right to a fence and let us know if you want one. Mayor Reinert asked Ms. Wyland to work with the City Engineer on this matter. Mr. Lyden asked when Hokanson would start the grading on the first phase of the subdivision. It was determined that he started a couple of weeks ago. It was also noted that the development agreement and the financial guarantees were in place prior to the start of any grading for the subdivision. Mr. Lyden asked if the City had a copy of the final grading plan. Ms. Wyland explained that the City has the preliminary grading plan and the developer is only doing the preliminary grading at this time. Mr. Lyden asked if the City had a development agreement. Ms. Wyland said yes, the City prepares the development agreement and the developer is required to sign the agreement and provide the financial guarantees before any work is done on the site. Mr. Lyden said that Mayor Reinert has often said that the developers hold all the cards. Mayor Reinert said that he has never said that but has said that developers are guests in our City. Mr. Lyden referred to a letter from Hokanson Development attorneys to the 2 1 1 1 1 1 COUNCIL MEETING AUGUST 28, 1995 City. The letter outlines a number of legal case histories and Mr. Lyden felt that this letter was meant to intimidate the City in the matter of upgrading 12th Avenue and Holly Drive. He asked if Mr. Hawkins had an opportunity to review this letter. Mr. Lyden said that there is a million dollar question coming and said that an informed decision is the best decision. He asked the Mayor to direct the City Attorney to check into the cases cited in the letter to determine if the cases were decided in favor of the city or the developer. Mayor Reinert said that he was not familiar with the cases cited in the letter and said that the Council could have the City Attorney review these cases. Mr. Hawkins said that he can review the cases and asked if the City Council wanted him to provide a legal response to the argument outlined in the letter. He said he did not think that the City was at the point where the City was being threatened. He felt that the City is still at the point of negotiating a resolution regarding the cost of the roadway. If the City gets to the point where the City will not agree with the developer then he would be prepared to investigate the cases cited in the letter. Mr. Hawkins said that he could get copies of the cases and give them to the City Council. Mayor Reinert said that the City does not know how this will be resolved, and would not want to take any position at this time. If the City gets into litigation on this matter, the City must be careful about what is discussed because it may put the City in an "uncomfortable" position. Council Member Bergeson said that the letter presented by Mr. Lyden appears to be a letter from an attorney to the Hokanson Development Company. It is not a letter to the City or the City Attorney. He felt that the City Council should not spend tax payers money to make comments on something that is not addressed to the City. Mr. Lyden said this will be a million dollar question. Council Member Bergeson said that the City would respond if the City gets a letter addressed to the City. Mayor Reinert said that he did not want to over -react to this letter. Mr. Lyden said that he felt that it is reasonable and prudent that the City look at what the "cards" are. Mr. Hawkins said that he had seen a copy of the letter some time ago. However, he has not done anything further regarding the letter. The City is trying to resolve the question without litigation. He said that he would not allow the City to do anything that in his opinion is a violation of any of these cases if they are applicable. Ms. Wyland said that it appears that the developer has changed attorneys since there are several attorneys who have sent material to the City. Mayor Reinert said that the City Council has to be careful and not get the City into litigation. Since the City Attorney is aware of the letter, the references are there in case the City Attorney receives some direction from the City Council. Mr. Hawkins said he would get a copy of the letter and a copy of the cases mentioned in the letter an make them available to the City Council. However, the City has not been officially challenged with a taking of land. Mr. Lyden said that within the next month the City Council will be asked to make a determination of what COUNCIL MEETING AUGUST 28, 1995 the responsibility of the developer is for Holly Drive. Mayor Reinert said that there will be a negotiated determination of what the developers responsibility is for Holly Drive. Mr. Powell said that there has been discussion regarding the developers responsibility for improving Holly Drive. If the City had received any legal response from the developers attorney, the staff would have forwarded the correspondence to the City Attorney. Mr. Powell said that Mr. Lyden is referring to the feasibility study currently in process regarding 12th Avenue and Holly Drive improvements. He explained that the City has agreed to share up to $10,000.00 or one -half of the study itself if the upgrading of 12th Avenue and Holly Drive proceeded as a state aid project. This cost would be reimbursed through a state aid credit. Mr. Powell said that there is also a concern of what the dollar contribution the developer would make to the roadway construction itself which would have to be consistent with whatever the laws and whatever the development adds to the road. CONSIDERATION OF DISBURSEMENTS August 28, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PRESENTATION OF THE FINAL 20/20 VISION REPORT, KIM SULLIVAN Ms. Sullivan introduced the 20/20 Vision advisory group leaders. The group leaders are present to help present the final document. The document represents the work that they have done during the past six (6) months. They are present to complete the first step in a process that began last December. Final presentations were given to the Council and citizens in July and the advisory group leaders will present the final document to the City Council tonight. The document does not represent any individual citizens or any advisory group. The citizens are speaking to the government and not any particular City staff member or board member. They have prepared general statements on how they would like to see the general operation of the City changed. They are giving some direction on how they would like to have things occur in the City. Ms. Sullivan read the three (3) general statements that she felt are significant as far as summaries of what the citizens have asked of the City: 1. Would like enhancements of communications between the citizens and the City Council and staff. 2. Would like an increased focus on community needs from the government and the staff 4 1 1 1 COUNCIL MEETING AUGUST 28, 1995 3. Would like an improved balance of human, environmental and technical needs in future City development. Ms. Sullivan thanked the advisory group leaders for their leadership. She explained that these advisory group leaders will be known as the Citizens Advisory Group and their purpose will be to review the budget that is being developed for 1996, to see how it compares to the recommendations for this project. In January the Citizens Advisory Group will meet again. Mr. Tesch will be leading the group in a review to determine how the City has done between now and then. The Citizens Advisory Group will continue to meet on a quarterly basis throughout 1996 to review the progress that is being made by the advisory boards and Council and make sure that everything stays on track. Ms. Sullivan introduced each advisory group leader: Growth Advisory Group, Janet Stemig and J.P. Houchins Parks Group, Ray Weber and Laurie Wolf Commercial Group, Gene Lane and Chris LeMire Environment Group, Maureen Davidson and Art Hawkins Education Group, Mark Lindblad and Lyle Bye Ms. Sullivan thanked Mr. Tesch for working with her and thanked all the citizens who participated in the 20/20 Vision and all the citizens who attended the two (2) initial forums and provided the initial ideas that have been broken down into the above five (5) groups. Ms. Sullivan briefly outlined the contents in the final 20/20 Vision Document. She noted that the next step is to review and begin the process of implementation of the document. A copy of this final document will be available for the citizens at $5.00 each. Summaries of the document will be placed in the next newsletter. Mayor Reinert thanked Ms. Sullivan for her dedication to 20/20 Vision. He noted that there are some things in the document which may cause a change since this is a cooperative effort to move into the future. Mayor Reinert noted that government is often mistrusted and he hoped that through this 20/20 Vision project, trust can be built. He noted that the City has been going through some complicated times but hoped that this will be a continuing effort. Mayor Reinert said that although it may appear that only a small group took on this task, the group is acting on behalf or for the larger body of citizens who felt that they did not have the time to become actively involved. He thanked the group again and said he hoped that this effort will bear much fruit and there will be a better, environmental sound Lino Lakes as we move into the future. Mayor Reinert thanked Ms. Sullivan and the advisory group leaders for their work. Mark Lindblad, 6960 Black Duck Drive thanked the City Council for their recent acknowledgment of the work that was done. He also told the Council that he really COUNCIL MEETING AUGUST 28, 1995 appreciated the acknowledgement of the time and effort the staff put in and most specifically the effort Ms. Sullivan put in the project to make sure that the advisory committees got together and "spoke in one tone ". She deserves whatever recognition the City Council can give her. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Conditional Use Permit (CUP) for Land Reclamation, Rick Carlson, PineRidge - Ms. Wyland used the overhead projector to show the PineRidge area. She noted that Mr. Carlson is requesting a Conditional Use Permit under Section 4, Subd. 33 of the Zoning Ordinance, Land Reclamation and Land Grading. According to Subd. 33 ", Land reclamation shall be permitted by a CUP in all districts. Depositing a total of more than 50 cubic yards of material per acre, either by hauling in or regrading the area, shall constitute land reclamation.." The request is to excavate (deepen) the rear yard swale in PineRidge II and III to allow lookout style homes rather than the original full basement ramblers and stockpile the excavated material to the south for future use. The amount of material to be regraded and stockpiled is approximately 7,000 cubic yards. Mr. Carlson has control of approximately 15 acres to the south of PineRidge II and III and 10 acres to the east. The property in question is zoned R -1 X (PineRidge II and III). The material to be stockpiled is directly south of PineRidge and zoned Rural. This property is located outside the current MUSA Boundary, however, it has been included in the recent MUSA/Comprehensive Plan Amendment as anticipated "growth area ". Mr. Carlson plans to develop this property at a future date pending the outcome of the Comprehensive Plan Amendment request. A grading plan for the proposed regrading and stockpile has been reviewed by the City Engineering Consultant, Steve Heth of SEH who recommended approval with several conditions outlined in his report dated August 1, 1995. The Planning and Zoning Board held a public hearing on August 9, 1995 and recommended approval of the CUP request with the following conditions: 1. Side slopes shall not be steeper than 3:1 slope. 2. Height of the stockpile shall not exceed six (6) feet. 3. Site slopes shall be seeded and mulched to prevent erosion. 4. Stockpile shall be monitored by owner and vegetation kept consistent with surrounding vegetation. 6 1 1 COUNCIL MEETING AUGUST 28, 1995 5. Hours of operation shall be 7:00 A.M. to 7:00 P.M., Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday. No work shall be allowed on Sundays. Council Member Elliott moved to approve the CUP with the conditions outlined above. Council Member Bergeson seconded the motion. Motion carried unanimously. Acceptance of an Easement Document - Roger Nelson, Lakes Addition No. 3 In November, 1992 an agreement was reached between Mr. Nelson and the City for the purchase of City owned property on the east side of Black Duck Drive. A condition of that approval was the dedication of easements for ponding and flowage purposes as determined by the Rice Creek Watershed District. Mr. Nelson sold Lot 8, Block 10 of Lakes Addition No. 3 and has a closing scheduled for later this week. He is therefore requesting that the Council accept the attached easement document. Staff recommends that the City Council accept the permanent easement document. Staff also recommends that the City Council approve a blanket acceptance of the easements on adjoining lots as required by the Rice Creek Watershed District. Ms. Wyland noted that at first Mr. Nelson wanted to get Council approval on each lot separately. However his attorney has convenienced him that it is simpler and easier to prepare one easement document which encompasses the easements on all the lots. Mayor Reinert said he did not want this matter to "slip through the cracks ". Ms. Wyland explained that the easiest way to be sure that all easements are properly dedicated to the City is to get one blanket easement for all the affected lots. However, at this time the request is to accept the easement document for Lot 8, Block 10, Lakes Addition No. 3. In the near future, Mr. Nelson will be requesting that the City Council accept a blanket document for Lots 2 - 7, Block 7 and Lots 1 - 7, Block 10, Lakes Addition No. 3. Council Member Bergeson moved to accept the easement document from Mr. Nelson for Lot 8, Block 10, Lakes Addition No. 3. Council Member Elliott seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 09 - 95, FIREARMS, POLICE CHIEF PECCHIA Chief Pecchia explained that after many meetings with the public to receive input and /or comments, Ordinance No. 09 - 95 was prepared and presented to the City Council at their August 14, 1995 meeting for the FIRST READING. Since that time, no further comments have been made and no further changes have been proposed. Chief Pecchia recommended that the City Council adopt the SECOND READING of Ordinance No. 09 - 95. He noted that if the SECOND READING is adopted this evening, the City Clerk will publish the ordinance in the September 5, 1995 legal newspaper (Quad Press) and the COUNCIL MEETING AUGUST 28, 1995 September 7, 1995 edition of the Forest Lake Times. The ordinance will become effective October 5, 199.5. Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 09 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 09 - 95 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 95 - 103 Ordering Improvement and Preparation of Plans and Specifications, Trapper's Crossing - Mr. Heth explained that this project involves the installation of public utilities to serve the Trapper's Crossing development. The feasibility report for this project was prepared and a public hearing was held by the City Council on Monday, August 14, 1995. The proposed schedule for the project calls for construction to start this fall with completion in the spring of 1996. Council Member Elliott moved to approve Ordinance No. 95 - 103. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 103 can be found at the end of these minutes. Consideration of Resolution No. 95 - 105 Receiving Plans and Specifications and Authorizing Advertisement for Bids, Trapper's Crossing - Mr. Heth explained that the Trapper's Crossing development is located south of Birch Street and west of 12th Avenue. It consists of 28 lots. Plans and specifications have been completed which call for the installation of all public improvements including sanitary sewer, watermain, storm sewer and streets. A copy of the advertisement for bids has been delivered to the legal newspaper contingent upon City Council's approval of Resolution No. 95 - 105. Council Member Bergeson moved to adopt Resolution No. 95 - 105. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 105 can be found at the end of these minutes. Discussion of Silt Fencing and Related Issues - Mr. Ahrens explained that per Council direction, staff has requested the City's consulting engineer's to provide a summary of grading activity and status of erosion control at the Trapper's Crossing and the Clearwater Creek developments. Mr. Heth presented a letter to staff which states that a small amount of silt fence on the north side of the project was damaged during recent rains and some silting into the Holly Drive ditch occurred. Mr. Powell presented a letter to staff indicating that the grading in the Clearwater Creek Development is approximately 85% 8 1 1 COUNCIL MEETING AUGUST 28, 1995 completed and that a meeting was held with the developer and his engineer to include additional erosion control measures on Clearwater Creek. Mr. Ahrens explained that he and Mr. Powell visited the Clearwater Creek development on Friday in the rain. Mr. Powell had instructed Mr. Gary Garr, field person to inspect the grading site. He found that there were areas that should have been fenced but were not. Mr. Garr instructed the developer to get the fencing installed soon as possible. Because of all the rain, portions of the site could not be inspected. As soon as these areas can be accessed, the fencing will be installed and staff will verify that the fencing has been completed. Council Member Neal noted that he was at Trapper's Crossing when they started the grading. He said that no silt fencing had been installed at that time. Council Member Neal explained that silt fencing had been installed when he visited the site the second time. He felt that the contractors should be monitored closer to be sure that the silt fencing is all installed prior to the start of any grading. Council Member Elliott noted that Northern States Power Company paid approximately $6,000.00 in damages because they did not put up silt fencing. Mr. Ahrens said that he would take this message back to the developers and their engineers. Mr. Powell noted that in the past the City has not followed the developer's grading procedure closely. The City depends on the developers engineer to see that everything is in place before the work begins. Mr. Ahrens has talked to both Mr. Powell and Mr. Heth about taking a more active role in monitoring the development grading activity. This procedure will allow the City to be sure that the project is being developed as planned and that the City Engineer is informed about what is happening on the project. Mayor Reinert explained that in a year such as this with an unusual amount of rainfall, erosion control becomes more of a concern and a problem. He asked that these projects be spot- checked to be sure that they are ready for grading. Council Member Neal noted that grading began today for the senior cottages and asked if anyone checked to see if project is actually ready for grading. Mr. Ahrens said that he has not been there but Rice Creek Watershed District has issued permits for grading and they should also be responsible for monitoring the project. Mr. Powell indicated that Rice Creek Watershed District issues their permits directly to the developer after he has posted a bond. He also noted that any site over five (5) acres is issued a site disturbance permit by the Minnesota Pollution Control Agency. This means that there are three (3) different agencies trying to watch to see that each project follows the permit guidelines. This matter was brought before the City Council as an informational item only and no Council action is required. COUNCIL MEETING AUGUST 28, 1995 Breakdown of Costs, Lake Drive (CSAH #23)/Highway 49/Hodgson Road) Improvement Mr. Heth presented a letter he had written to the City Engineer outlining the different parties involved in the improvement project. He has compared all the numbers originally prepared by Mr. Tim Hanson in the feasibility study to the numbers he has currently. He said that these are the best current numbers for each participating agencies portion of costs. Mr. Heth explained that the overhead costs are the numbers originally prepared by former City Engineer, Darrell Schneider. These costs need to be updated and the final costs for right -of -way acquisition need to be determined. This item is for informational purposes only. CONSIDERATION OF SPECIAL EVENT PERMIT, 3.2 BEER LICENSE AND CABARET LICENSE FOR THE CIRCLE LEX LIONS CLUB SANDBUR DAYS, MARILYN ANDERSON Mrs. Anderson explained that Sandbur Days is an annual event held by the Circle Lex Lions Club at Sunrise Park in Lino Lakes. This year Sandbur Days will be held on September 8th, 9th and 10th of September. This event requires two (2) licenses from the City as well as a Special Event Permit. The Special Event permit application has been submitted. The application is complete and the fee has been paid. A hold harmless statement will be provided before the event. The applicants are working with the Police Department, Public Works Department and the Fire District to coordinate activities. A food license is required from Anoka County. The application has been filed and Anoka County will deliver the license on the first day of the event at the time they make their inspection. A copy of the license must be posted in the area where the food is sold. The 3.2 Beer License application is complete and a certificate of insurance has been received naming the City of Lino Lakes as additional insured. The Cabaret License application is also complete and the fee has been paid. Sandbur Days has been held at Sunrise Park for many years. On this same weekend, Waldoch's Sports will hold their annual snowmobile races on grass, Gethsemane United Methodist Church will hold their annual booya and festival and the Men's Club at St. Joseph Catholic Church will conduct their annual auction. The Police Department is aware of all these events and additional officers will be working that weekend. The snowmobile club organizing the snowmobile races reimburses the Police Department for traffic control and Reserve Police Officers usually staff a booth at Sandbur Days. Council Member Elliott moved to approve the Special Event Permit, Cabaret License and 3.2 Beer license as requested. Council Member Neal seconded the motion. Motion carried unanimously. 10 1 COUNCIL MEETING AUGUST 28, 1995 Mrs. Anderson noted that there is a lot of traffic generated for the snowmobile races. Chief Pecchia has organized a plan for traffic control and the plan worked very well last year. CITY ATTORNEY'S REPORT, BILL HAWKINS FIRST READING, Ordinance No. 14 - 95, Conflict of Interest - Mr. Hawkins explained that an agreement was reached at the August 14, 1995 City Council meeting regarding the exact language for this ordinance. He has prepared an ordinance repealing Section 204 of the Lino Lakes City Code which pertains to conflict of interest and substituted 204A which is the exact language that was contained in a petition submitted by a citizen committee. He recommended that the City Council adopt a motion approving the FIRST READING of this ordinance. Council Member Elliott moved to approve the FIRST READING of Ordinance No. 14 - 95 and dispense with the reading. Council Member Neal seconded the motion. Council Member Bergeson explained that he would not be voting in favor of the ordinance. He said that both the state law and the City Code adequately cover conflicts of interest. In addition, the City Attorney has given his opinion which states that the City Code does adequately cover any conflict of interest matter. Council Member Neal explained that the reason this matter was brought to the City Council, by a citizens committee, is because there are residents in this City who sell sod and real estate. He gave an example of how a conflict of interest could occur. He felt if everyone followed the conflict of interest regulations, there would not be a problem Council Member Neal said he could not see any reason why someone would vote against the proposed ordinance. Mayor Reinert said he sees nothing wrong with the proposed ordinance. It has been deliberated for some time and has been researched by the City Attorney. He said this ordinance will have more "teeth" in it and as elected officials, the City Council should be concerned about any question of conflict of interest. Mayor Reinert said if somebody is ethical, honest and concerned about their reputation, what do they have to worry about? Voting, on the motion, motion carried with Council Member Bergeson voting no. FIRST READING, Ordinance No. 15 - 95, Notification Requirements - Mr. Hawkins explained that this ordinance was sponsored by a citizen group. It proposes to modify the existing notice requirements on rezoning and Metropolitan Urban Service Area district boundary changes. The ordinance incorporates the language that was submitted by petition for initiative and referendum. A provision was added by Mr. Hawkins pertaining to notification of persons within 600 feet. The notice must include an affidavit of mailing by the City and a list of all the persons that had been notified pursuant to this provision. 11 COUNCIL MEETING AUGUST 28, 1995 Council Member Elliott moved to approve the FIRST READING of Ordinance No. 15 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Report Regarding Electrical Inspections Contract with Ken Peterson - Mr. Hawkins explained that he had examined a proposed contract with Mr. Peterson for electrical inspections service. He said if the City Council does decide to contract with Mr. Peterson, he would like to redraft the contract. The contract should spell out the obligations of both sides and the right to terminate the contract under certain conditions. Council Member Elliott moved to refer the contract to Mr. Hawkins so that he could redraft the contract. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 106 AMENDING THE 1995 GENERAL FUND BUDGET, DAN TESCH Mr. Tesch explained that Resolution No. 95 - 106 is a standard amendment to the 1995 General Operating Fund Budget due to unforeseen issues that have arisen during this year. The City had entered into an agreement with White Bear Township for winter patrol on Bald Eagle Lake. The original estimate of cost was $1,000.00. The actual cost was $889.70. The Council recommended that a budget adjustment would be made to the 1995 General Fund budget to pay this expenditure. The blade for the road grader needed extensive repair which was not in the original budget. This repair was an unforeseen emergency costing $11,586.00. In addition, a labor contract contingency has been eliminated by the settlement of the contract. Council Member Bergeson move to approve Resolution No. 95 - 106. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 106 can be found at the end of these minutes. CONSIDERATION OF HIRING CHARLES WILKE, GENERAL MAINTENANCE /STREETS DEPARTMENT, DAN TESCH Mr. Tesch explained that this position was budgeted in the 1995 General Fund Budget. It is an entry level position. A rigorous hiring process and interviews with the Public Works Department Supervisor and his associate were completed. The candidate underwent a physical examination which was positive. Mr. Tesch recommended that the City Council extend an offer of employment to Mr. Wilke. Council Member Elliott moved to extend an offer of employment to Mr. Wilke. Council Member Neal seconded the motion. Motion carried unanimously. 12 1 1 COUNCIL MEETING AUGUST 28, 1995 OLD BUSINESS Letter to Governor Regarding Unfunded Mandates, Dan Tesch - Mr. Tesch noted that at the August 14, 1995 Council Meeting, the City Administrator was directed to write a letter to the Governor expressing the City's concern regarding the continued practice of state unfunded mandates. Mayor Reinert felt that this is a letter of significance since the state has a habit of mandating issues that the City has to fund. Funding for the mandates must come from the local taxpayers rather than the state funding something that they have mandated. Mayor Reinert read the letter. Council Member Bergeson said that the letter was an excellent letter. The letter will be signed by each Council Member and forwarded to Governor Carlson. Clarification of Pretax Refunds, Dan Tesch - At the August 14, 1995 Council meeting, the City Council authorized excess pretax refunds (up to $200.00) be applied to the City picnic. In a separate motion, the Council authorized an additional $200.00 be expended towards the City picnic. The (up to $200,00) should have been applied to the authorization of the additional City dollars that was to be expended toward the City picnic and not the pretax refund. The dollar amount in the pretax refund account that should have been spent on the picnic is $328.79. Council Member Elliott moved to approve $328.79 from the pretax refund account be applied to the City picnic. Council Member Neal seconded the motion. Motion carried unanimously. Update Regarding Block Party, Woodridge Estates, Marilyn Anderson - Mrs. Anderson explained that at the August 14, 1995 City Council meeting, a block party on Woodridge Court was approved. A letter opposing the block party from a resident on Woodridge Court had been received, was included in the Council packet and noted at the Council meeting. Since that time, another resident on Woodridge Court has sent a letter in opposition to the block party. Both residents appeared at the August 23, 1995 Council work session and restated their opposition to holding the block party in the Woodridge Court cul -de -sac. The City Clerk was instructed to contact the persons organizing the block party to see if the party could be relocated. The block party organizers were contacted. They indicated that the party informational materials had been sent to approximately 70 household. Attendance at the block party could be approximately 150 people. After the Council work session on Wednesday, the block party organizers met with the two (2) residents who opposed holding the party on Woodridge Court. The organizers of the party explained to them that they did not want to create a neighborhood dispute and agreed to move the party to a specific location on Woodridge Lane. This would mean that Woodridge Lane, a through street, would be blocked for the party. Comments were solicited from the Chief of Police, the Fire Chief 13 COUNCIL MEETING AUGUST 28, 1995 and the Public Works Superintendent. All agreed that blocking a through street could cause problems for emergency vehicles and could cause problems if someone drove through the barricades. However, since City Staff is considering a block party policy that would address block parties in a through street, all agreed that holding the block party on Woodridge Lane is the only solution at this time. Both the Police Department and the Public Works Department will provide as much security as possible. Holding the block party in the nearby park or at the south end of Oakwood Lane was discussed with the block party organizers. Both sites had been considered but ruled out because of the mosquito problem. It was suggested that both sites be considered next year and mosquito control researched. Mrs. Anderson recommended that the City Council adopt a motion moving the block party to a specific location on Woodridge Lane. Mayor Reinert explained that he had received a telephone call from Mary Thornquist, one of the party organizers. They are in full agreement with relocating the site of the block party to Woodridge Lane. Council Member Elliott moved to approve the relocation of the Woodridge Estates block party. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Accepting a Trail Easement for Lot 2, Block 1, Park Grove - Mrs. Anderson explained that MacMay Homes, Inc. purchased Lot 2, Block 1, Park Grove for the purpose of constructing a new home. Prior to the construction, the lot was surveyed so that the house could be located properly on the lot. The survey indicated that the trail at the rear of the lot had meandered onto the lot. This created a problem for the lot owner and for the City. To correct the problem, a quit claim deed has been prepared giving the City an easement of the north two (2) feet of the lot. This will allow the City to maintain this portion of trailway and will eliminate any "cloud" on the title. Council Member Elliott moved to approve the quit claim deed. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adjourn at 7:56 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at a regular meeting held September 11, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk- Treasurer Mayor 14 1 Council Member Elliott introduced the following ordinance and moved for its adoption: CITY OF LINO LAKES County of Anoka ORDINANCE NO. 09 -05 AN ORDINANCE REGULATING THE USE OF FIREARMS IN THE CITY OF LINO LAKES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: The City Code of the City of Lino Lakes, Anoka County, Minnesota, is hereby amended by deleting and replacing Chapter 504, Firearms, as follows: 504.01 Definitions. The following definitions shall apply in the interpretation and enforcement of this section. (1) Rifle. A shoulder weapon with a rifle bore barrel and discharging a single shot or pellet at a time. (2) Shotgun. A shoulder weapon with a smooth bored barrel or barrels and normally discharging more than one pellet at a time, except when using a single slug. (3) Handgun. A hand -held weapon discharging a single shot or pellet at a time. (4) Non - firearm. A crossbow, pellet gun, BB gun, and slingshots, including wrist rockets. (5) Firearms. For the purposes of this section, shall mean rifles, shotguns and handguns. (6) Bow and Arrow. Pointed tip arrow and bow. (7) Written Consent. A written record of consent to hunt upon a landowner's property. Such consent shall be signed by the owner and contain the following information: a. Name, address, phone number of the landowner; b. Name, address, phone number and date of birth of the hunter; and c. Description of the land upon which the hunter has consent to hunt and the date that such consent begins and ends. Hunters must have on their person a copy of the written consent with the above information and picture identification. (Section 504.01 amended by Ordinance 2 -84, passed July 23, 1984). (Section 504.01 amended by Ordinance 9 -95, passed August 1995). 504.02 Discharge Prohibited. No person shall shoot, fire - off, discharge or explode any firearm or non - firearm upon or onto any of the following: (1) Any road, street, avenue, sidewalk or other public place, in the city. (2) Lands and waters lying southerly of the center line of Lilac Street which are westerly of the center line of Lake Drive (U.S. Highway No. 8) extending along Hodgson Road (U.S. Highway No. 49) and north of Ash Street (County Road J) as the same are now laid out and traveled; (3) Any city or county park or other city owned lands unless otherwise provided by this section or County ordinance. (4) Any lands within the city now owned by the person so using, unless the person doing so has on his person the written consent of the owner of such lands. (5) Within 750 feet of any school site (includes adjoining school district property), residences or buildings upon property not owned by the person so shooting, firing off, discharging or otherwise exploding any firearm or non - fireman without written consent of the owner. In no event shall said person discharge a shotgun where the projectile or pellets leave the premises upon which said person is authorized to hunt onto some other premises. (6) A private landowner or person with written consent from the landowner may use a bow and pointed -tip arrow, provided that no arrow used shall pass beyond the boundaries of his property, nor shall any shooting of arrows occur within 500 feet of any school site (includes adjoining school district property), building on adjoining property or occupied residence, without the consent of that landowner, nor in any event create a nuisance or danger to other persons. 1 1 1 1 (Section 504.02 amended by Ordinance 2 -84, passed July 23, 1984). (Section 504.02 amended by Ordinance 9 -95, passed August 1995). 504.03 Single Ball Ammunition. Subdivision 1. Prohibition. No person shall shoot, fire -off, discharge, explode, or hunt with any rifle, shotgun when using a single slug, or handgun, within the city except upon a licensed shooting range. Subdivision 2. Evidence. The following shall constitute prima facie evidence of the violation of 504.02 (2) and 504.03 (1): (1) The carrying of single ball ammunition on the person while carrying a rifle, shotgun, or handgun, openly or uncased, loaded or unloaded, and which firearm is capable of discharging such single ball ammunition so being carried. Subdivision 3. Exception. The slaughtering of domestic animals with a single ball ammunition. (Section 504.03 amended by Ordinance 2 -84, passed July 23, 1984). 504.04 Permitted Uses. 504.01 through 504.03 shall not prohibit the use of firearms by duly authorized police or law enforcement officers, or by persons engaged in the lawful defense of person, persons, or property. This ordinance shall become effective immediately upon its passage and publication. This ordinance was adopted by the Lino Lakes Council on t e 28th day of August, 1995. Marilyn . Anderson, Clerk - Treasurer Vernon F. Reinert, Mayor Motion for adoption of the foregoing ordinance was seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -103 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF UTILITY AND STREET IMPROVEMENTS FOR TRAPPERS CROSSING. WHEREAS, pursuant to resolution of the City Council adopted June 12, 1995, a report has been prepared by Steve Heth (SEH) with reference to the improvement of Trapper's Crossing, and this report was received by the City Council on June 26, 1995, and WHEREAS, a resolution of the City Council adopted the 26th day of June, 1995, fixed a date for a Council hearing on the proposed improvement of Trappers Crossing, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 14th day of August, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, a petition signed by 100% of the property owners proposed to be assessed for these improvements has been received requesting that 50 days of the 60 day waiting period as per Section 8.06 of the Lino Lakes City Charter be waived. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 26th day of June, 1995. 2. Steve Heth, SEH, is hereby designated as the Engineer for these improvements. Steve shall prepare plans and specifications for the making of such improvements. Adopted by the Lino Lakes City Council this 28th day of August, 1995. Marilyn G. A' derson, Clerk- Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergerson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. 1 Council Member Bergeson introduced the following resolution and moved its adoption: CiT>' OF LINO LAKES RESOLUTION NO. 95 -105 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE TRAPPERS CROSSING IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on August 28, 1995, the City Engineer has prepared plans and specifications for the Trappers Crossing Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published to two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Friday, September 22, 1995 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, September 25, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 28th day of August, 1995. Marilyn G. A lderson, Clerk- Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. Council member Bergeson introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -106 RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET WHEREAS, the City entered into an agreement with White Bear Township for winter patrol on Bald Eagle Lake through Resolution 94 -101, and WHEREAS, the amount was to be paid through a budget amendment, and WHEREAS, this amount is $889.70, and WHEREAS, the blade for the grader needed repair, and WHEREAS, the repair was not budgeted for, and WHEREAS, the amount is $11,586, and WHEREAS, an amount remains in the Labor Contracts /Salary contingency budget in the amount of $12,149.00, and WHEREAS, this will eliminate any contingencies. NOW THEREFORE BE IT RESOLVED, that the following budget amendment be authorized: Contract Services - Police Shop Parts - Fleet Labor Contracts /salary contingency Increase 889.00 11,260.00 Decrease (12,149.00) Adopted by the City Council of Lino Lakes this 28th day of August, 1995. 1 1 Page 2 Vernon F. Reinert - Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: