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HomeMy WebLinkAbout03/13/1995 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MARCH 13, 1995 DATE March ;:13 TIME STARTED 6::30 Pc•M .............................................................................................. ............................................................................................ TIME:ENDED;; . 8:52 .........:....::....:....:................................................................:: ............................................................................................... MEMBERS PRESENT: Reinert,. ........................:...................................................................... .............................................................................................. MEMBERS 'ABSENT >>: Kuether:_ Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Consultant, Mary Kay Wyland; Fire District Chief, Milo Bennett; Police Chief, David Pecchia; 20/20 Vision Facilitator, Kim Sullivan; Finance Director, Mary Vaske; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mayor Reinert noted that agenda item No. Al, Minutes of February 1, 1995 Work Session are not ready for Council action. This item will be delayed until the March 27, 1995 Council meeting. STATE OF THE CITY ADDRESS, MAYOR REINERT Mayor Reinert presented his State of the City Address. A copy of his text is attached to these minutes. OPEN MIKE 20/20 Vision Update, Kim Sullivan - Ms. Sullivan gave a brief update on this project. She pointed out an "update board" that will show what is next on the agenda for the 20/20 Vision. Ms. Sullivan explained that the Park and Recreation Group met on Saturday and toured three (3) community centers, Maplewood, Shoreview and New Brighton. The consensus of the group was that the Shoreview community center would provide a good balanced setting for the entire family. The Park and Recreation group also liked the "campus" style of construction. The city hall was attached to the community center. This group will be meeting every Wednesday at the city hall. Next Saturday the Economic Development and Environmental groups will start their 20/20 Vision process. They will meet and board a PAGE 1 COUNCIL MEETING MARCH 13, 1995 bus and tour Lino Lakes. These two (2) groups will look at the way the City is zoned, where different developments are under construction and look at the environmental situation in the City and the impact of the Rice Creek Regional Park. This tour will point out the boundaries of the City and how it is divided by the Regional Park and the City of Centerville. Next week the School advisory group will meet. Mr. Tesch has contacted the school districts. It appears that there will be meetings with each school district as well as panel discussions with them. Ms. Sullivan noted that the citizens have many concerns regarding the growth of the City and the inability of the school systems to keep up with the pace. They want an open dialogue with the school districts to be sure that the quality of education is maintained in Lino Lakes. Ms. Sullivan explained that there will be no advisory groups for such issues as communications and responsive government. She said that she felt that the staff is dedicated, and has been very supportive and helpful with the 20/20 Vision project. Ms. Sullivan felt that the staff was excited about the project. Ms. Sullivan explained that she has discussed with staff the concern regarding communications. Staff has assisted her in developing a citizens library. The library will contain items that citizens usually request. Citizens will be able to check out any item in the library. This should help citizens understand how and why city government does the things they do. All items in the library will be available in the next couple of weeks. Ms. Sullivan explained that the citizens wanted more communication from the City about what is happening. She is looking at several ideas to keep the citizens informed. The ideas must be cost effective. There is a limit as what tax dollars can support. Community Safety is an issue that did not get an advisory group. Ms. Sullivan explained that Police Chief Pecchia and CSO Jeannie Kennow have been 100 percent in keeping her involved with what is happening with community based policing and letting her know how the program is progressing. The Police Department has surveyed citizens and have incorporated communication ideas into the community policing program. Ms. Sullivan said she felt that the Police Department and all City staff have been very supportive and aware of what they are doing and giving a second look at citizen requests and involvement. Ms. Sullivan told the City Council that no matter what the results are in June, the 20/20 Vision project has been a success. Because PAGE 2 1 1 1 COUNCIL MEETING MARCH 13, 1995 the citizens have been willing to come together and tell the City Council what they want from the City and because the City staff has been responsive, changes will continue to occur as new situations occur. The process is moving forward successfully. Ms. Sullivan invited the citizens to come on the bus tour Saturday. She explained that there is plenty of room on the bus and they did not have to be on an advisory group. Mayor Reinert asked Ms. Sullivan how many meetings have been scheduled. She explained that each advisory committee will meet on a weekly basis. There will be a minimum of 24 meeting per month. Another facilitator will be helping because more than one meeting is schedule per evening. Mayor Reinert explained that the Council Members are not avoiding the advisory committee meetings. This is a citizens program and the City Council has chosen not to be actively involved so that they cannot influence the groups. Ms. Sullivan explained that as the advisory committees get started, the leaders of each committee will come before the City Council to explain their progress.' You will hear from the citizens as well as Ms. Sullivan. This will let the citizens know that part of her job is to keep the City Council and staff informed and get rolling on what the citizens have asked for. Mayor Reinert thanked Ms. Sullivan for her report. CONSIDERATION OF DISBURSEMENTS: February 28, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. March 13, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire District, March 2, 1995 - Council Member Bergeson moved to approve these disbursements as presented. Council member Elliott seconded the motion. Motion carried unanimously. Centennial Fire District, March 10, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. CENTENNIAL FIRE DISTRICT ANNUAL REPORT, CHIEF MILO BENNETT Chief Bennett explained that he is here tonight to recap the year 1994. He noted that an annual report has been published and given to the City Council in their packets. Chief Bennett explained that PAGE 3 COUNCIL MEETING MARCH 13, 1995 1994 completed 10 years as a fire district. The Centennial Fire District services the cities of Lino Lakes, Centerville, and Circle Pines under a Joint Powers Agreement. Chief Bennett presented his 1994 Annual Report. A copy of this report is on file at city hall. Mayor Reinert asked if Chief Bennett is getting a good response from businesses regarding the fire prevention program. Chief Bennett said the situation gets better all of the time. Some businesses have been inspected each year for the past two (2) or three (3) years. The repeat visits are much faster. Each business will be visited annually. Mayor Reinert noted that individual firefighters have been assigned to various fire stations. He asked in the event of a major disaster in one community, are the firefighters from the other communities familiar with each community? Chief Bennett explained that although each firefighter is assigned to a particular fire station, that does not mean that is the only area they protect and explained the structure. He noted that the firefighters train together as one unit. Chief Bennett explained that there are mutual aid arrangements with surrounding communities and his staff trains with these firefighters on an ongoing basis. Mayor Reinert asked about the relationship with the City of Lexington. Chief Bennett said much better, they have done a lot and have good support from their City Council. Mayor Reinert thank Chief Bennett for his report. 1996 Centennial Fire District Budget - Chief Bennett explained that the 1996 Budget represents a 1.68% increase over 1995. He said it is a very workable budget. Some adjustments were made on some line items. The fire district is concentrating on fire prevention and made some adjustments to address this need. Chief Bennett noted that he came to work for the fire district August 20, 1990. Mr. Schumacher noted that the Joint Powers Agreement requires that the budget be prepared one year in advance. This is a 1996 Operating Budget and it represents less than a 2% increase. He also noted that the Steering Committee has reviewed and approved the Budget. Mayor Reinert asked how many dollars are generated for operation of the Fire District other than the tax levy. Chief Bennett explained about $25,000.00 to $26,000.00 per year. He said that community PAGE 4 1 1 COUNCIL MEETING MARCH 13, 1995 groups are very helpful and provide funding for such items as the Safety Program and smoke detectors that are given to residents. Council Member Neal also noted that the Centennial Fire Relief Association has funded a number of equipment purchases through their charitable gambling funds. Chief Bennett named the pieces of equipment that have been funded in this manner. Council Member Bergeson asked since Chief Bennett is the only full- time employee, how are benefits paid. Mr. Schumacher explained that Chief Bennett receives the same level of benefits as all Lino Lakes employees. The Centennial Fire District reimburses the City for these benefits. Council Member Elliott moved to approve the Centennial Fire District 1996 Operating Budget. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Appointing Representative to Citizen Committee for Major Update of the Rice Creek Watershed District (RCWD)Surface Water Management Plan - Mr. Powell explained that the RCWD is preparing to make a major revision to their water management plan. As part of this process, they are requesting representatives from the cities within the District for both a Technical Advisory Committee (TAC) and a citizen task force. These representatives are in addition to those representing the City on the standing Advisory Committee. The TAC will largely be made up of City Engineers from the member communities and Mr. Powell volunteered to attend these meetings as part of his duties. As for the citizen task force, Mr. Brian Bourassa, a resident of Lino Lakes who is also a registered civil engineer and is familiar with the City, has been contacted and is willing to serve as a citizen on this task force. The duties of both of the representatives should be completed in four (4) to six (6) months with an average of one meeting per month. Council Member Elliott moved to appoint John Powell to the TAC and Brian Bourassa to the Citizens Task Force. Council Member Bergeson seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 02 - 95 Amending the Zoning Code, B1, Fences and Walls Provision - Ms. Wyland explained that the City Council approved the FIRST READING of Ordinance No. 02 - 95 at their February 27, 1995 meeting. The proposed changes were initiated by citizen request and involve the following: PAGE 5 COUNCIL MEETING MARCH 13, 1995 A. Change ordinance to allow a six (6) foot fence to be installed from the front of the home to the rear property line. The existing ordinance provides for a six (6) foot fence from the back of the house to the rear property line. B. Change the requirement providing for 30% open area to 10%. This change would allow purchase of standard type privacy fences offered for sale at Knox, Mennards, etc. C. Clarify the section relating to the side of the fence considered to be the face. Staff is recommending that the SECOND READING of Ordinance No. 02 - 95 be approved. Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 02 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 02 - 95 can be found at the end of these minutes. ATTORNEY'S REPORT, BILL HAWKINS Consideration of Accepting Right -of -Way Easement for Apollo Drive from Douglas and Delores Ramsden - Mr. Hawkins explained that with the replatting of the Lino Industrial Park into Apollo Business Center, additional right-of-way was needed for the construction of Apollo Drive. Negotiations have continued with the property owners in an effort to obtain the necessary right-of-way to extend Apollo Drive to Lilac Street. Mr. and Mrs. Ramsden have agreed to grant the City an easement of Parcel 22, City of Lino Lakes Right -of -Way Plat No. 2. The Council must take formal action accepting the easement deed so that it can be filed at the Anoka County Recorders office. Council Member Bergeson introduced a motion accepting the easement deed from the Ramsdens. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 32 ACCEPTING GRANT FROM MINNESOTA D.A.R.E., INC., POLICE CHIEF PECCHIA Chief Pecchia explained that commencing in 1995, the Lino Lakes Police Department began teaching the D.A.R.E. Program in the local elementary schools. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E. Program will become totally funded through grants and donations from the community. Minnesota D.A.R.E, Inc. is aware of this goal and has awarded the City a grant of $4,000.00 to be used in administering the program in the PAGE 6 1 1 1 G2G COUNCIL MEETING MARCH 13, 1995 Lino Lakes Elementary School and the Rice Lake Elementary School. The purpose of Resolution No. 95 - 32 is to publicly thank Minnesota D.A.R.E., Inc. for the generous grant. Council Member Neal moved to adopt Resolution No. 95 - 32. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 32 can be found at the end of these minutes. CONSIDERATION OF ACCEPTING A GRANT FOR ADDITIONAL POLICE OFFICER, POLICE CHIEF PECCHIA Chief Pecchia explained that commencing in 1995, the Clinton Administration adopted a new program entitled "COPS FAST". President Clinton promised to put 100,000 new community officers on America's streets. This program allows law enforcement agencies to hire a Law Enforcement officer and the funding of this is to be paid through this grant program. This program also allows law enforcement agencies to increase the size of their force and expand community policing in their City. The Lino Lakes Police Department has been selected to receive grant funds in the amount of $75,000.00 spread over a period of three (3) years to hire one officer. The funds are proposed to be disbursed as follows: 1st year, June, 1995 2nd year, June, 1996 3rd year, June, 1996 $35,000.00 $25,000.00 $15,000.00 Chief Pecchia explained that the cost to the City for one officer the first year would be approximately $3,800.00, the second year would be approximately $22,000.00 and $39,000.00 the third year. After the first three (3) years, the City would be responsible for all costs for the officer. Mayor Reinert asked what would happen if the City accepted the grant and at the end of the first year decided not to continue the program. Chief Pecchia said that Lino Lakes is in a position where growth is anticipated in our population, need for additional services and in the personnel in the Police Department. Lino Lakes is in a position to address this issue on an annual basis and budget appropriately for the growth. Council Member Bergeson noted that it seems likely the City will be adding additional officers during the next five (5) year period. Even if there were some changes in the funding, the City can deal with that at budget time each year. PAGE 7 SOY,-/'" COUNCIL MEETING MARCH 13, 1995 Mayor Reinert asked if the City does not use the grant this year, will the City lose the grant. Chief Pecchia explained that there are multiple rounds of awarding grants. In the event that other cities do not accept their federally granted officers, there are cities like Lino Lakes who have requested three (3) officers and may be in line to add additional officers through the program. Mr. Schumacher asked if the funding is an annual allocation. Chief Pecchia said yes. Council Member Elliott moved to accept the grant funds to hire a Law Enforcement Officer through the "COPS FAST" program. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF AWARDING BIDS FOR THE ONE -TON TRUCK EQUIPMENT, RANDY SCHUMACHER Mr. Schumacher explained that the purchase of a utility service truck was budgeted for 1995. This purchase it to take place in two (2) steps. The City Council awarded a bid for the first step which was the purchase of the cab and chassis. The second step is to award the bid for the body equipment to be installed on the cab and chassis. Three (3) quotations were received from equipment dealers as follows: Truck Utilities, $11,624.00; Crysteel, $12,079.00 and J - Craft, $13,025.00. The Public Works Department Supervisor has reviewed the bids and has recommended that the bid be awarded to Truck Utilities in the amount of $11,624.00 Council Member Elliott :roved to accept the bid of $11,624.00 from Truck Utilities as recommended by the Public Works Department Supervisor. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 33 SETTING THE PERMIT FEES FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM AND THE SANITARY SEWER SYSTEM, RANDY SCHUMACHER Mr. Schumacher noted that the Gopher One -Call is a program mandated by the State of Minnesota which requires the City to locate City - owned utilities. The cost of complying with the Gopher One -Call system has been off -set by a fee charged on the building permit for a new home. The City has been notified that it is illegal to charge a separate fee for this program. Therefore, Resolution No. 95 - 33 is proposed which will increase the fee for a permit to connect to the municipal water system and the sanitary sewer system. The increase in the permit fees will cover the cost of complying with the Gopher One -Call program. The costs include PAGE 8 1 1 1 COUNCIL MEETING MARCH 13, 1995 providing locations in the field, inspections and office administration of the program. The proposed increase fee for a permit to connect to the municipal water system will increase from $100.00 to $125.00 and the permit to connect to the sanitary sewer will increase from $75.00 to $100.00. Council Member Elliott moved to adopt Resolution No. 95 - 33. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 33 can be found at the end of these minutes. CONSIDERATION OF FINANCE DEPARTMENT RESOLUTIONS, RANDY SCHUMACHER Resolution No. 95 - 28 Authorizing the Transfer of Funds from the General Fund to the Community Development Block Grant (CDBG) Fund - As of December 31, 1994, there remains a pre -audit negative cash balance in the CDBG fund of approximately $11,261.00 ($6,939.00 from 1993, and $4,322.00 from 1994). A transfer from General Fund should be made to eliminate the negative cash balance. The negative cash balance is primarily due to excess Senior Coordinator wages and benefits not reimbursed through CDBG dollars. Mr. Schumacher noted that the senior program is growing and very active. He would like to monitor the program in 1995 to see at what level it should be funded in 1996. Mr. Schumacher has met with the governing board of the Senior Program. They are energetic, appreciative of the facility and satisfied with the coordinator. They have many activities and trips planned which generate a user fee to help fund these activities and trips. In addition, fund raisers such as meals help subsidize the activities. Mr. Schumacher explained that the senior coordinator had been in an automobile accident but was recovering and doing some of her duties from her home. Other events have continued as previously scheduled. Mr. Schumacher also noted that City staff has access to the senior facility and this has helped to alleviate some of the current space needs. Mr. Schumacher was asked to met with the Senior Program Governing Board and discuss their user fee structure as well as monitor the senior activities. Council Member Bergeson moved to adopt Resolution No. 95 - 28. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 9 COUNCIL MEETING MARCH 13, 1995 Resolution No. 95 - 28 can be found at the end of these minutes. Consideration of Resolution No. 95 - 29 Authorizing the Transfer of Funds from the Closed Bond Fund to the Escrow Fund - Mr. Schumacher explained that three (3) older projects, that staff contributed some time to, have been completed or diverted to other areas. The negative cash balances in the three (3) escrow accounts (Apollo Business Center - $56.95, Reshanau Escrow - $636.70 and Pond View - $854.42) should be determined uncollectible and a transfer made to the accounts to delete the deficit balances. Council Member Elliott moved to adopt Resolution No. 95 - 29. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 29 can be found at the end of these minutes. OLD BUSINESS Consideration of 1995 Budget Document - Mr. Schumacher has sent to the City Council their 1995 Annual Budget. He said he wanted to bring the document itself to City Council attention. He noted that it takes months of work by the staff and City Council to prepare an annual budget and the final document has been prepared. Mr. Schumacher noted that it is a working document and is used all year long. He encouraged the residents to come in and review the document or purchase it for a small fee. He highlighted several areas of the budget including, the 1995 Sewer and Water Department Budget, Local Government Aid revenues from 1988 to 1995, Permit Valuations for the years of 1988 to 1994, personnel and what department they work for, detail of General Fund revenues and expenditures. Mayor Reinert referred to a request from the State to increase the state sales tax from 6% to 6.5%. The municipalities were asked to support the increase and the entire amount of the increase was promised to be returned to the municipalities to make up for the loss in local government aid. To date the municipalities have not received any support from the increased sales tax. Mr. Schumacher said this event helped to diminish the level of trust between the municipalities and the state. Mr. Schumacher continued with his report noting significant changes in the Police Department, the Community Development Department as well as other departments. Mr. Schumacher explained that certificates of indebtedness are used to purchase equipment each year. He noted that the City has a very limited amount of debtand the bond consultant will be asking PAGE 10 1 1 1 COUNCIL MEETING MARCH 13, 1995 Moody's to increase our bond rating. Mr. Schumacher explained that additional information regarding bonded debt will be added to the document. Mayor Reinert asked that a copy of this document be added to the Citizens Library for reference. Consideration of Approving Contract for Fire Chief Bennett, Randy Schumacher - At the last Steering Committee, a recommendation was made to enter into another two (2) year employment contract with Fire Chief Milo Bennett. Chief Bennett has been with the Fire District over four (4) years and Mr. Schumacher said he has done an outstanding job. He meets with the City Administrators on a monthly basis and puts the Steering Committee meetings together on a quarterly basis. Council Member Elliott moved to approve a two (2) year employment contract with Fire Chief Milo Bennett. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Minutes from February 27, 1995 - Council Member Elliott moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Mayor Reinert abstaining. Consideration of Request for Gambling License from the Dead Broke Saddle Club - Mrs. Anderson explained that the Dead Broke Saddle Club is requesting a gambling license to operate a gambling booth at the 49 Club beginning July 1, 1995. This organization is a non- profit organization meeting all eligibility regulations of the State for a gambling license. This organization is headquartered in the City of Hugo and does not have at least 15 members who are residents of Lino Lakes or have been members for at least six (6) months. As such, this organization does not"meet the qualifications of the Lino Lakes Gambling Ordinance until August 1, 1995. Mrs. Anderson explained that she received a letter from the Dead Broke Saddle Club this evening. The letter contains background information about their organization. They have also requested that the City Council modify the requirement for membership to provide a smooth transition on July 1, 1995 from the Centennial Fire District to the Dead Broke Saddle Club. Mrs. Anderson noted that the City Attorney has not reviewed the letter and request. She suggested that the City Council consider two (2) options; 1) PAGE 11 COUNCIL MEETING MARCH 13, 1995 deny the request because the Dead Broke Saddle Club does not meet the requirements of the City Gambling Ordinance or, 2) delay action for two (2) weeks and have the City Attorney review the letter that was presented this evening. Mr. Eric Wesman, a member of the Dead Broke Saddle Club and a member of the Dead Broke three (3) member gambling oversight committee, Mr. Tom Schaffhausen, Mr. Dan Ramberg and Mark Larson were in the audience. Mr. Wesman explained that most of the members of the Club live in surrounding communities and most are also members of the Northwest Saddle Club on Old Birch Street. Mr. Wesman explained that he presented a letter this evening indicating that the Lino Lakes members will not meet eligibility requirements until August. The letter also indicates that the owner of the 49 Club has formally signed a lease with the Dead Broke Saddle Club and would like them to take over the gambling operation on July 1, 1995 when the present lease expires. However, if necessary, the lease can be rewritten to begin on August 1, 1995 so that the Lino Lakes residents will meet the requirements of the Lino Lakes City Code. Mr. Wesman explained that the owner of the 49 Club had previously determined that he would seek a new operator for the pull tab gambling operation and he felt it would be asking too much of the 49 Club to go without pull tab gambling for a month although the owner has indicated that he is willing to do this. Mr. Wesman asked that the City Council waive 30 days or so the eligibility requirement to allow the Dead Broke Saddle Club to start operations at the 49 Club on July 1, 1995. Mayor Reinert referred to the letter submitted by the Dead Broke Saddle Club and asked how the Dead Broke Saddle Club feels it would be an asset to the community. Mr. Wesman said that this organization has particular emphasis on youth activity with a focus on horses. Included with the letter is a list of recipients of 1994 donations. The activities are fairly broad, the largest single donations having gone to a memorial scholarship foundation formed within recent months for scholarships for post secondary education to any applicant. In addition, substantial contributions have been made to 4H programs throughout the state, the State Horse Show and various youth programs at various saddle clubs, etc. A special mission to support the Minnesota Special Olympics, Equestrian Program is also a large part of the program. Other programs supported by Dead Broke Saddle Club include the Insights Program, an equestrian program for the blind. The Dead Broke Saddle Club is also supporting a charter school equestrian program in Washington County. Many of the participants in the horse show activities are Lino Lakes residents. Others who have received donations have requested donations and described the programs they PAGE 12 1 1 1 1 1 1 COUNCIL MEETING MARCH 13, 1995 want the Dead Broke Saddle Club to support. Mr. Wesman said that the Dead Broke Saddle Club would be open to receive such applications and make donation to any qualified group in Lino Lakes in the same manner as in other area. The particular interest of the Dead Broke Saddle Club is in promoting youth and family activities with a particular, but not exclusive, emphasis on horses. Council Member Neal explained that he is on the University of Minnesota 4H Board and asked if there were any Anoka County 4H programs supported by the Dead Broke Saddle Club. Mr. Wesman said not to his knowledge and listed several 4H Clubs supported by the Dead Broke Saddle Club. He said he has responded to and supported every 4H Club that has requested support. Mr. Hawkins explained that he has only had time to scan the letter presented this evening by the Dead Broke Saddle Club. He told the City Council that if they wish they can refer the letter to him and he will investigate whether the ordinance conditions as they are written are in fact valid conditions. Obviously the City Council has the right to change the ordinance conditions. However, if the City Council is not willing to change the ordinance, then the Council can direct him to investigate the conditions. Mr. Hawkins asked the City Council if they wanted the conditions of the present ordinance to stand or did the City Council want to allow the conditions to be varied. Council Member Neal said that there have been several other requests for gambling licenses and the City Council upheld the gambling ordinance. He felt that if the City Council upheld the gambling ordinance in the past, the City Council should continue to uphold it. Mayor Reinert said that he is also thinking along the same line. Mr. Hawkins pointed out that there is a requirement in the Gambling Ordinance that a certain percentage of the net profits be spent to benefit the citizens of Lino Lakes. Mr. Wesman said he was aware of this requirement. Council Member Bergeson suggested that this portion of the Gambling Ordinance be reviewed. Council Member Neal moved to direct Mr. Hawkins to review the requirements of the Gambling Ordinance as challenged by the Dead Broke Saddle Club. Mr. Hawkins said he could review the conditions of the ordinance and prepare a report for the City Council. He also said another issue is what can the City Council require the gambling organizations to donate to the benefit of the citizens of the City. Does the City Council want to make a change in this requirement? Mayor Reinert said that if the City Council feels that the Gambling Ordinance is lawful, the Dead Broke Saddle Club should challenge the ordinance. PAGE 13 �a -N COUNCIL MEETING MARCH 13, 1995 Mr. Wesman said his purpose is not specifically to challenge the ordinance, but to as the City Council for approval to operate pull - tab gambling at the 49 Club. The request is for an accommodation to the existing ordinances. In recent days, it has come to their attention, the City of Cloquet asked for an Attorney General's opinion regarding ordinances that are essentially the same as what Lino Lakes presently has and it was the opinion of the Attorney General's office that these ordinances raised significant questions with respect to equal protection under both the State and Federal constitutions. He said the purpose of this information is to call the matter to the attention of the City. Mr. Wesman said that the Dead Broke Saddle Club would like to become an active contributing member of the business and social community and not a contestant in a legal action. Mr. Wesman asked the City Council for approval to begin pull -tab gambling on July 1, 1995 and if this is not possible, then approval for pull -tab gambling effective August 1, 1995. Council Member Elliott asked Mr. Hawkins if the City Council can arbitrarily take 30 days off of an ordinance waiting period. Mr. Hawkins said that there is no provision in the Gambling Ordinance that allows the City Council to grant a variance from the requirements. Council Member Elliott said that she appreciates the fact that the Dead Broke Saddle Club want to become a part of the community and also appreciated the fact the 49 Club does not want to be without pull -tabs for a month, however, the ordinances should not be rewritten to accommodate certain situations. Mayor Reinert called for a second to Council Member Neal's motion. There was no second to the motion. Council Member Elliott moved to deny the request for a gambling license. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of a Request for a Gambling License from the Centennial Fire Relief Lssociation for Miller's on Main - Mrs. Anderson explained that an application for a gambling license to operate a gambling booth at Miller's on Main was included in the Council packets. The Centennial Fire Relief Association meets the requirements of the Lino Lakes Gambling Ordinance (has more than 15 members who live in Lino Lakes) and does operate another gambling site at the 49 Club. There have been no reported problems with the 49 Club site. Miller's on Main is the former Lee's of Lino Lakes. Mr. James Miller will be requesting liquor licenses for this establishment shortly. PAGE 14 1 1 1 COUNCIL MEETING MARCH 13, 1995 Council Member Bergeson asked if the Gambling Ordinance required that gambling take place at a certain type of establishment such as an establishment with a liquor license. Could an establishment without a liquor license be licensed for lawful gambling? Mrs. Anderson said that she did not know. Council Member Bergeson asked if the City could legally approve a gambling license for an establishment before the liquor license is approved. Mrs. Anderson explained that the application for a gambling license must be submitted approximately 60 days prior to the date that gambling will commence. Therefore, a decision regarding the gambling license is being requested at this time. Mr. Hawkins said he was not aware of any requirement that gambling must be in a liquor establishment. (The Minnesota Gambling Board says that lawful gambling can be conducted by non-profit organizations in many different places such as a community centers, Knights of Columbus, Shriner's organizations and other places where liquor is not available.) Council Member Elliott moved to approve the gambling license for the Centennial Fire Relief Association for operation at Miller's on Main. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 8:52 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular City Council meeting held on May 22, 1995. Marilyn Ahderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 15 c_,?) —/� Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 2-95 AN ORDINANCE AMENDING SECTION 4, SUED. 29 FENCES AND WALLS OF THE CITY ZONING ORDINANCE APPENDIX B1 The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION NO. 1. Section 4, Subd. 29 Fences and Walls, is hereby deleted and replaced by the following: Subd. 29. Fences and Walls. Fences and walls shall require a building permit and shall be permitted in all yards subject to the following: (1) Prior to issuance of a building permit for any boundary line fence, abutting property owners shall be notified. 2) Solid Walls (such as masonry construction) in excess of forty-two (42) inches in height shall be prohibited. (3) Fences in residential districts may be located in any yard to a height of four (4) feet, except that a fence up to six (6) feet in height may be erected from the front facade of the principal building to the side and/or rear lot line. Wire fences shall not be permitted in residential areas, with the exception of chain link fences. (4) Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more than four (4) feet. (5) Fences located eight (8) feet or more from the rear lot line may be up to eight (8) feet in height, except that fences for tennis courts may be up to twelve (12) feet in height with (ten ) foot setback from the rear and side lot lines behind the principal structure. (6) Fences in Business and Industrial districts may be erected on the lot line to a height of six (6) feet; to a height of eight (8) feet with a security arm for barbed wire. (7) That side of the fence considered to be the face (facing 1 X69 as applied to fence posts) shall face abutting property. The finished side shall face away from the fence owner's lot. (8) No fence shall be permitted on public rights-of-way. (9) Fences which are ninety percent (90%) open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of containing non-domestic animals are not subject to the provisions of this ordinance and do not require a building permit. Chain link fences shall have round street parts and braces. (10) Fences shall be at least ten percent (10%) open to provide space for the passage of air. No used material shall be used in construction of fences. SECTION NO. 2. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed this 13th day of March, 1995. Vernon F. Reinert, Mayor H/ / Marilyn G. Anderson, Clerk -Treasurer 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. =)6/ - Council /_ Council Member Bergeson following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 95-28 introduced the RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND(CDBG) WHEREAS; As of December 31, 1994, there remains a pre -audit negative cash balance in the CDBG Fund of approximately $11,261.00 ($6,939 from 1993 and $4,322.00 from 1994) and, WHEREAS; A transfer must be made to cover the deficit in the fund, NOW THEREFORE BE IT RESOLVED, that $11,261.00 be transferred from the General Fund to the CDBG fund to cover the negative cash balance as of December 31, 1994. % -,i'1 1 �- % 2-7,7 ="� Marilyn Anderson, Clerk/Treasurer Vernon Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by 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. 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 95-29 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CLOSED BOND FUND TO THE ESCROW FUND WHEREAS; As of December 31, 1994, certain escows have negative cash balances and have been determined to be uncollectable and, WHEREAS; A transfer must be made to cover the deficit escrows. NOW THEREFORE BE IT RESOLVED, that $ 1,548.07 be transferred from the Closed Bond Fund to the Escrow fund to cover the negative cash balances as of December 31, 1994 (Apollo Business Center $56.95, Reshanau escrow $636.70, Pond View $854.42). Vernon Reinert, Mayor Marilyn q. Anderson, City Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by 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. Council Member Neal moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 — 32 RESOLUTION ACCEPTING DONATION FROM MINNESOTA D.A.R.E, INC. FOR THE D.A.R.E. PROGRAM WHEREAS: the Lino Lakes Police Department began teaching the D.A.R.E. program in local elementary schools in January, 1995; and WHEREAS: the curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and WHEREAS: Minnesota D.A.R.E., Inc. was made aware of the desire for the Lino Lakes Police Department to teach this program in the elementary schools and has awarded the City a grant of $4,000.00 to defer the cost of this program, and WHEREAS: the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $4,000.00 Increase D.A.R.E Expenditures: $4,000.00 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the grant of $4,000.00 to help fund the D.A.R.E. program and wishes to express its sincere gratitude and appreciation to Minnesota D.A.R.E., Inc. for the grant. Adopted by the Lino Lakes City Council th.s-13th day of March, 1995. Vernon F. Reinert, Mayor Marilyn Q. Anderson, Clerk -Treasurer The motion or 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. 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 33 RESOLUTION AMENDING THE PERMIT FEES FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM AND SANITARY SEWER SYSTEM WHEREAS, the Lino Lakes City code provides in Chapter 401, Municipal Water System, Section 401.19, Service Charges, Subdivision 1, Permit Fees and in Chapter 402, Sanitary Sewer System, Section 402.04, Permits, Licenses, Fees, Bond and Insurance, that fees for permits shall be established by City Council resolution, and WHEREAS, such fees require adjustment due to increasing cost of providing inspections, location of utility stubs and record keeping, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby establishes permit fees as follows: 1. Permit fee to connect to the municipal water system, $125.00. 2. Permit fee to connect to the sanitary sewer system, $100.00. Adopted by the Lino Lakes City Council this 13th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly 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 resolution was declared duly passed and adopted.