HomeMy WebLinkAbout03/13/1995 Council Minutes1
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COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
MARCH 13, 1995
DATE March ;:13
TIME STARTED 6::30 Pc•M
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TIME:ENDED;; . 8:52
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MEMBERS PRESENT: Reinert,.
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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
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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
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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
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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
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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:
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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
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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.
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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
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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.
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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
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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)
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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
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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.
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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
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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
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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
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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/
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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.
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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.
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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.