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HomeMy WebLinkAbout11/28/1994 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO ,LAKES COUNCIL MINUTES NOVEMBER 28, 1994 Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Chief of Police, David Pecchia; Community Development Director, Brian Wessel; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was accepted as presented. CONSENT AGENDA There were no items under the consent agenda. REGULAR AGENDA OPEN MIKE Joe Spetzman, 8145 Lake Drive - Mr. Spetzman explained that he had read a newspaper article regarding the possible review and updating of the Lino Lakes Fire Arms Ordinance. He asked that bow hunting not be included in the review. He noted that bow hunting is very different from hunting with fire arms. Mr. Spetzman explained that bow hunters are usually in deer stands in trees and must shoot down at the deer. This eliminates the possibility of an arrow going far enough to present danger to humans. Mr. Spetzman had prepared a written presentation which was included in the Council packets. The presentation included statistics regarding deer killed on streets and freeways as well as statistics which point to the safety of bow hunting. PAGE 1 _ 280 COUNCIL MEETING NOVEMBER 28, 1994 Mr. Spetzman introduced Mr. Ron Carlson who operates a business selling sports equipment and specializing in bow hunting equipment. Mr. Carlson explained that bow hunters have become aware that animal rights activists are trying to curtail bow hunting. He felt that bow hunting does help keep the deer population in control. The suburbs are experiencing problems with deer eating shrubs and trees and becoming a safety concern. Mr. Carlson felt bow hunting was a safe way to keep the deer population down. He did acknowledge that deer killed by an arrow do not die a "pretty death". Mayor Reinert explained that there has been no proposal to curtail bow hunting. The concern is for public safety in regards to fire arms hunting. Mayor Reinert explained that the Police Department and the City Hall Staff received many hunting types of complaints this fall. These complaints outline serious public safety concerns that must be addressed. Mayor Reinert also explained that the Fire Arms Ordinance has not been reviewed or updated for many years. The residential population in Lino Lakes is growing and the complaints are coming from areas of recent growth which were favorite hunting grounds. Mayor Reinert explained that at this time, he had no idea what will come out of the fire arms ordinance review. The matter has been discussed with Police Chief Pecchia and he has been directed to review the current Fire Arms Ordinance and prepare options for the City Council to review. This will not be done until January or February, 1995. Council Member Kuether asked how many deer are taken by bow hunters. This information is not available. Mr. Spetzman explained the process for obtaining permission to bow hunt in the City of Blaine. He felt that this was a good option. Mayor Reinert explained that the information in the newspaper article referred to by Mr. Spetzman may have contained false or misleading information. He told Mr. Spetzman and Mr. Carlson to look for the newspaper notification regarding proposed changes to the fire arms ordinance. CONSIDERATION OF MINUTES Regular Council Meeting, November 14, 1994 - Council Member Kuether moved to approve the minutes as presented. Council Member Elliott seconded the motion. Motion carried with Council Member Neal abstaining. CONSIDERATION OF DISBURSEMENTS PAGE 2 1 1 1 1 1 1 COUNCIL MEETING NOVEMBER 28, 1994 November 28, 1994 - Council Member Kuether moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire Department - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Extension of Conditional Use Permit, Twin Cities Stores, Inc. (Formerly Fina), 7509 Lake Drive - Mr. David Ridings and Mr. Glen Keller of Twin Cities Stores, Inc. were present to discuss the future plans for the Fina gas station and their recent purchase of the site. A conditional use permit (CUP) was granted for demolition and reconstruction of the site in 1992. An extension to that CUP was granted in 1993 and again in 1994. The 1994 extension was granted with the understanding that construction would begin in 1994, therefore, the permit was extended only until December 31, 1994. It now appears that construction will not commence until the spring of 1995. Therefore, extension of the original permit is again required to facilitate the reconstruction. Mr. Ridings explained that Twin Stores, Inc., a new company, purchased 45 Fina stores in the twin city area in September, 1994. The reconstruction could not be started until the purchase was finalized. Since the closing occurred in September, there was not enough time to demolish the present building and construct another before winter arrived. Mr. Ridings noted that the current plan is to build according to the plan presented by Fina with some alteration because the size of the building will be a little larger. The cost of the project is expected to be about $800,000.00. Mr. Wessel explained that he has reviewed the plans for the new store and felt very comfortable with the plans. Council Member Neal noted that there is a street easement in the pine trees to the south of the current building. He asked if Mr. Ridings and Mr. Keller were aware that a street could be constructed south of their facility. Mr. Wessel explained that he had outlined this area and discussed the possibility that there would be a street in this area in the future. Council Member Bergeson said it makes sense to approve the CUP PAGE 3 28 28Z COUNCIL MEETING NOVEMBER 28, 1994 extension and explained that the improvement should be completed within the period of the extension because there may not be enough Council votes to extend the CUP any further. Mr. Ridings said they intend to start the project as soon as possible in the spring. Council Member Neal moved to extend the CUP to December 31, 1995. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, 6880 Rustic Lane - Ms. Wyland used the overhead projector to show the location of the lot. The owner of the lot is requesting a subdivision of a 1.74 acre parcel of property into two (2) lots. The existing homesite will contain a total of 11,875 square feet and the remaining portion of the lot will contain 14,049 square feet of upland and slightly less that 52,800 square feet of wetland. A wetland delineation has been prepared and a copy was included in the Council packets. The property is zoned Residential, R-1, and is shown as residential on the Comprehensive Land Use Plan. Municipal utilities are available to serve both sites and, in fact, services have been stubbed to the property line off of Glenview Drive. The applicant is aware that assessments will be due and payable on the newly created lot and that he will be required to connect to both sewer and water. The staff is recommending approval of the subdivision with the following conditions: 1. Both properties be connected to municipal utilities. 2. A park dedication fee be collected on the newly created lot at the time the City Clerk places the City seal on the deed for recording. 3. Drainage and building plans be approved prior to issuance of building permits on the new lot. The Planning and Zoning Board reviewed the request at their November 9, 1994 meeting and recommended approval with the conditions listed above. Council Member Elliott moved to approve the subdivision subject to the conditions listed above. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 17 - 94 RELATING PAGE 4 1 1 1 1 1 1 2 3 COUNCIL MEETING NOVEMBER 28, 1994 TO THE OPERATION OF SNOWMOBILES AND ALL -TERRAIN VEHICLES, CHIEF PECCHIA Chief Pecchia explained that he has received general information types of questions since the FIRST READING of the proposed ordinance. The questions related to time of operation and the reason for adopting a snowmobile ordinance. Chief Pecchia noted that several housekeeping changes have been made to the text including changes relating to gender and misspelling corrections. A provision has been added to section 11 under Operation Generally which reads: "This provision is not intended to prohibit snowmobiles from entering or leaving the City of Lino Lakes during the above hours, providing that the operator of a snowmobile utilizes the most direct route of travel to and from the operator's residence or destination". Chief Pecchia recommended that the Ordinance No. 17 - 94 be adopted as amended. Council Member Kuether asked if there were any questions relating to the use of lake surfaces. Chief Pecchia explained that lake surfaces are regulated by the Department of Natural Resources (DNR) and Anoka County. Council Member Bergeson asked if the suggested amendments have been reviewed by the City Attorney. Mr. Hawkins said he had reviewed the proposed amendments. Douglas Koppy, 6689 East Shadow Lake Drive explained that the curfew may be too restrictive during holidays. He noted that snowmobiles have only about two and one half months of operation and asked that holidays be treated like weekends. Mayor Reinert asked that the ordinance, as proposed, be tested this winter season and if amendments are needed, Chief Pecchia can bring them to the City Council in the spring. Chief Pecchia explained that he has asked the Rice Creek Snowmobile Club to help get word of the new ordinance to all snowmobilers. He noted that he has received the cooperation of the Club and expressed his appreciation. Council Member Bergeson questioned item No. 8 under Operation Generally. He noted that snowmobiles do break down at unexpected times and at unexpected places and are then towed with a rope or chain to be repaired. Rigid towing devices are not available in these instances. Chief Pecchia explained that an officer will use "reasonableness" when dealing with these instances. The section is referring to towing a child on a sled or some other similar situations. PAGE 5 ? 8 COUNCIL MEETING NOVEMBER 28, 1994 Council Member Elliott moved to adopt Ordinance No. 17 - 94 as revised and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 17 - 94 can be found at the end of these minutes. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of an Application for Authorization to Conduct Excluded Bingo, Lino Lakes Parent Elementary School Advisory Board - Mrs. Anderson explained that the Lino Lakes Gambling Ordinance adopts all of Chapter #349 of the Minnesota Statutes which relates to lawful gambling. If a particular gambling situation occurs that is not addressed by the Lino Lakes Gambling Ordinance, State Statutes would apply. In this case, the Lino Lakes Parent Advisory board is applying to the State of Minnesota for authorization to conduct excluded Bingo. This means that they are asking to conduct bingo without a State license or a City license. Since this organization conducts fewer than five (5) gambling occasions each year, they would be eligible for the exclusion. The Lino Lakes Parent Advisory Board has acknowledged that Lino Lakes should be notified regarding their application to conduct excluded bingo. They have also acknowledged that they need formal approval from the City Council to conduct this gambling occasion. The Lino Lakes Parent Advisory Board has been conducting bingo for a number of years without authorization to conduct excluded bingo. They were recently informed of the need to report to both the City and the State. However, they were not made aware of this requirement until after they had made plans to conduct bingo on November 18, 1994. The City Council was made aware that they are being asked to approve an "after the fact" bingo gambling occasion. Council Member Neal moved to approve the Application for Authorization to Conduct Excluded Bingo. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Increasing the Petty Cash Fund - Mr. Schumacher explained that this is a "house keeping" item. The petty cash fund was set at $150.00 many years ago. With the increase in City business, it would be appropriate to increase the fund to PAGE 6 1 1 1 1 COUNCIL MEETING NOVEMBER 28, 1994 $250.00. This would reduce the number of petty cash written each year and reduce the number of visits to Council member Elliott moved to approve the increase cash from $150.00 to $250.00. Council Member Kuether the motion. Motion carried unanimously. checks the bank. in petty seconded Schedule Economic Development Authority Board Meeting for Monday, December 19, 1994, 6:00 P.M. - This item is intended to remind the City Council about this meeting. Reminder - The Truth in Taxation Public Hearing is set for Thursday, December 1, 1994, 7:30 P.M. Council Member Elliott moved to adjourn at 7:24 P.M. Member Bergeson seconded the motion. Aye. These minutes were considered, corrected and approved regular City Council meeting held on December 12, 1994. Council at the arilyrY G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 7 28(. Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 17 — 94 AN ORDINANCE RELATING TO THE OPERATION OF SNOWMOBILES AND ALL -TERRAIN VEHICLES Definitions. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in Ordinance No. 17-94 shall have the meanings set forth in the subdivisions of this section which follow. Snowmobile shall mean any self-propelled vehicle used for recreational purposes whether steered by wheels, skis, or runners and designed for travel on snow or ice or natural terrain including, but not limited to, snowmobiles and all - terrain vehicles regulated pursuant to the provisions of Minnesota Statutes, Chapter 84, and said definition shall apply throughout this Ordinance unless said Statute clearly provides otherwise. Owner means a person, other than a lien holder having the property in or title to snowmobile and entitles to the use of possession thereof. Operate means to ride in or on and control the operation of a snowmobile. Operator means every person who operates or is in actual physical control of a snowmobile. Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. Street or highway means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter or right, for -the purposes of vehicular traffic. Right of way means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. Safety or deadman throttle is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. 2 3 Operation on Streets and Highways Operation of snowmobiles upon the roadway, shoulder, inside bank, slope of any street or highway, ditch or on the outside bank within the right-of-way of any street or highway is permitted in conformance with State law and City ordinance within the corporate limits of the City of Lino Lakes. Operation Generally. Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the corporate limits of the City of Lino Lakes in the manner set forth in the following: 1. Anywhere within any public right of way (i.e. boulevards) except on the roadway surface or otherwise provided in this ordinance. 2. On a public sidewalk or walkway provided or used for pedestrian travel. 3. On private property of another without lawful authority or consent of the owner or occupant. 4. On any publicly owned lands and frozen waters including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, except areas previously listed or authorized for such use by the proper public authority, in which case such use should be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City of Lino Lakes owned by the City shall be designated by Council resolution. 5. At any place, while under the influence of intoxicating liquor or drugs. 6. At any speed in excess of 15 miles per hour on a public street or highway or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstance. 7. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 8. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 9. At a speed greater than 15 miles per hour when within one hundred (100) feet of any riverbank or lake shore, or within one hundred (100) feet of fishermen, ice houses or skating rinks, nor shall operation be 288 1 permitted within one hundred (100) feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. 10. In a manner so as to create loud, unnecessary or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. 11. Snowmobiling shall be prohibited after 11:00 PM and before 8:00 AM Sunday through Thursday, and between the hours of 1:00 AM and 8:00 AM Saturday and Sunday. This provision is not intended to prohibit snowmobiles from entering or leaving the City of Lino Lakes during the above hours, providing that the operator of a snowmobile utilized the most direct route of travel to and from the operators residence or destination. 12. Such operation is not permitted within fifteen (15) feet of any public sidewalk, walkway or trail. 13. Such operation is not permitted when such ditch or outside bank is within the right-of-way of any interstate highway or freeway. A snowmobile may make a direct crossing of a street or highway provided: 1. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. 1 1 1 1 Notwithstanding any prohibition by current City Ordinance or State Law, a snowmobile may be operated•pn a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Equipment. It is unlawful for any person to operate a snowmobile any place within the corporate limits of Lino Lakes unless it is equipped with the equipment set forth as follows: 1. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by- pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. 3. A safety or so called "deadman" throttle in operating condition, as that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with a least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be in use when the vehicle is operated between the hours of one-half (1/2) hour after sunset or one-half (1/2) hour before sunrise or at times of reduced visibility. Persons Under 18 Years of Age. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of age or older, but less 29 than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct crossing thereof only if said person has in their immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes, Section 84.86 as amended. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. Leaving Snowmobile Unattended. Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with said person. Chasing Animals Forbidden. It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic, with a snowmobile. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus the costs of prosecution in either case. This ordinance shall take effect upon its passage and publication according to the City Charter. Marilyn)G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing ordinance was seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted by the Lino Lakes City Council this 28th day of November, 1994.