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HomeMy WebLinkAbout07/14/1997 Council MinutesCOUNCIL MINUTES JULY 14, 1997 • CITY OF LINO LAKES MINUTES DATE : July 14, 1997 TIME STARTED : 6:31 P.M. TIME ENDED : 9:23 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None. Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; John Powell, Engineering Consultant with TKDA; and Clerk - Treasurer, Marilyn Anderson. Mayor Landers explained that Agenda Item 6C, Consideration of Nextel's Request to Install Antennas on Water Tower No. 2, will be deleted from the Agenda. He further explained that the following items will be added to the Agenda: Under Old Business Item 9B, Consideration of Scheduling Budget Worksession; under New Business Item 10C, Establishing Rules of Conduct. The agenda was approved as amended. CONSENT AGENDA Mayor Landers asked for questions regarding the Consent Agenda, and Council Member Kuether raised the following regarding Disbursements: (1) With respect to shredding of confidential papers for the Police Department, Council Member Kuether asked why the Department does not have its own paper shredder. (2) She also asked the nature of the expense for copying tapes for the DARE Program. Mr. Schumacher explained that the shredder located in the Police Department does not have the capacity to handle the volume of documents State law mandates be destroyed. Acquisition of a more appropriate shredding machine is being investigated. With respect to the DARE Program tape reproduction expense, Mr. Schumacher explained that the City will be reimbursed by participants in the Program as they purchase these tapes. Council Member Neal questioned the expense for Blaine Security to open a door to an empty building. Mr. Schumacher explained that at the time Blaine was called out, the City had no key to the door and a situation existed which required immediate entry into the building. • COUNCIL MINUTES JULY 14, 1997 Council Member Lyden moved to approve the consent agenda. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES, June 23, 1997 Approved DISBURSEMENTS: June 30, 1997 Approved ($34,706.18) July 14, 1997 Approved ($738,602.64, Check Nos. 48053 - 48221) Centennial Fire District (July 1, 1997) Approved OPEN MIKE Sheriff Larry Podany - In a continuing effort to maintain and strengthen effective communications between the Sheriff s Office and the Lino Lakes community, Sheriff Larry Podany summarized his Department's ongoing activities in support of local law enforcement agencies. Sheriff Podany pointed out that the largest area of support is criminal investigations. He stated that his office worked 42 criminal cases in the Lino Lakes area last year, the majority of those being criminal sexual conduct and narcotics cases. Additionally, this year the Sheriff's criminal investigation team has worked about 16 cases, primarily criminal sexual conduct. The Sheriff's Department crime lab conducts numerous activities in the Lino Lakes area, including demonstrations for the local reserve agency. Another ongoing activity is the work with the Joint Law Enforcement Council which meets once each month to review public safety issues faced by everyone in the community. Since the adoption of the State statute regarding the requirement that communities be notified regarding the presence of known sexual offenders, Lieutenant Payne of Sheriff Podany's office has assisted Lino Lakes with this program. Sheriff Podany commended Police Chief Pecchia for his cooperative efforts on behalf of Anoka County law enforcement. The Sheriff's Department continues to offer many community services, both for seniors and youth. New this year is the assignment of a Sheriff's Department officer to snow mobile patrol and another to water patrol. Additionally, the Sheriff's Department recently received a grant for initiation of a multi -agency task force devoted strictly to auto theft matters. Council Member Bergeson asked Sheriff Podany about the possibility of a holding cell for the Lino Lakes area. Sheriff Podany explained that there is awareness of this need, and that staffing is the primary obstacle. • • COUNCIL MINUTES JULY 14, 1997 Council Member Kuether asked if a holding cell could be incorporated into the plans for the new Police Department facility, to which Sheriff Podany responded yes, but that staffing would remain an issue. Council Member Neal commended Sheriff Podany for the fine work of his staff. Mayor Landers thanked Sheriff Podany for all of the support provided by his officers. Council Member Neal commended the Sheriff's Department for its assistance last Christmas delivering food baskets to senior citizens. Rosemary Storberg - Ms. Storberg addressed the Council regarding certain concerns in her neighborhood (the southern portion of Lake Drive). First Ms. Storberg mentioned problems with frequent loss of electrical service over the past two (2) years. She asked if the providers are accountable to the City Council for maintaining appropriate user capacity. Council Member Kuether indicated that she has similar problems. City Engineer David Ahrens explained that a NSP representative visited the area last summer and was of the opinion that an area transfer substation was to blame for the frequent interruptions in service. Council Member Kuether asked that Mr. Ahrens check further into this situation. Ms. Storberg's second issue was delivery of the Quad newspaper. According to Ms. Storberg, the delivery boxes were removed about 1-1/2 years ago, and the publication's representatives informed her that the papers should subsequently have been delivered through the mail. However, according to Ms. Storberg, she and others in her neighborhood are not receiving the publication in a timely manner. Council Member Kuether mentioned free cable hookup as a means for receiving current news. Mr. Schumacher indicated the problem seems to be one of circulation, and should be addressed as such. Ms. Storberg informed the Council of problems in the southwest portion of the City with collection of recyclable materials. She suggested that the City's investigation of a new disposal service include attention to this problem. Ms. Storberg updated the Council regarding correction of her street address. She indicated that some time ago she was contacted by telephone regarding her incorrect street number, at which time she explained the problem; however, to her knowledge nothing has been done to rectify the situation. No one else appeared under Open Mike. 6:30 P.M. - PUBLIC HEARING, EXTENSION OF LILAC STREET SEWER AND WATER UTILITIES, JOHN POWELL Boe Ornamental's property is not currently served by sanitary sewer or water and it is necessary that these utilities be available to serve its new construction. In order to accommodate Boe's COUNCIL MINUTES JULY 14, 1997 schedule to complete expansion this year, in late May the City ordered preparation of a feasibility report in late may to determine the construction costs and assessments associated with installing City utilities to serve that portion of Lilac Street. Mr. Ahrens addressed the Council, recapping the conditions which make this project unique. He stated that property located on the north side of Lilac Street is outside the MUSA area while property located south of Lilac is within MUSA Additionally, Lilac Street is a dividing line between that portion of the City governed by the City Charter with respect to assessments and that portion which is Charter -exempt. Therefore, it has been determined that extension of the Lilac Street sewer and water utilities should proceed according to the guidelines of Minnesota Statute Chapter 429, which apply to properties not within the jurisdiction of the City Charter. Mr. Ahrens added that options and recommendations regarding further action on this project will be addressed under Agenda Item 3A, Consideration of Resolution No. 97 - 82, Ordering Improvement and Preparation of Plans and Specifications, Lilac Street Utility Extension. Mr. Powell, TKDA, summarized for the Council information contained in the feasibility report, stating that the City has two (2) options with respect to providing utility service to the south side of Lilac Street --one option along 4th Avenue and the other along Apollo Drive, which have in place sanitary sewer and water main. Mr. Powell indicated 4th Avenue was the favored option, due to minimum property disturbance in the extension process. Additionally, Mr. Powell pointed out that ample easement is available along 4th Avenue for installation of the utilities. With respect to the water main, consideration was given to servicing subject properties through loop water mains which allow for more efficient service. Mr. Powell explained that a minimum of pavement removal would be necessary on the west side of Apollo Drive to connect the water main. The cost estimate for construction of the sanitary sewer is $45,392; for the water main, $59,030. Mr. Powell pointed out that some credit will be given as a result of installation of 12 -inch water main pipe, since this is considered a trunk improvement. Removal and restoration costs are estimated to be $29,600. The following is a summary of the overall project costs: Construction cost $134,022 30% contingency administration factor 40,207 Easements 2,500 Total $176,729 Mr. Powell explained that a unit assessment process would be implemented, based on property area. The total amount of assessment to property owners is estimated to be $424,302. Assessments, connection timing and Charter/Chapter 429 issues were discussed at the July 2, 1997 neighborhood meeting, which was attended by representatives of Moline Concrete Products and Arsenal Sand. Under Chapter 429, the project can be ordered at this time as it would not be subject to a waiting period. 4 COUNCIL MINUTES JULY 14, 1997 1111 Council Member Bergeson asked for the total assessment on the south side of Lilac Street. Mr. Powell responded $424,302 less approximately $200,000. • Council Member Kuether asked how many property owners would be involved? Mr. Powell responded nine (9) on the south side not all of whom will receive a full assessment. Council Member Kuether also asked Mr. Powell for an explanation of the benefit to property under the Chapter 429 program. He summarized by stating that the property owner cannot be assessed an amount greater than the increase in value to his property based upon the addition of utilities. Council Member Keuther asked if the City would be responsible for property appraisals. Mr. Hawkins responded that it is generally assumed that installation of utilities results in increased value to the property equal to the improvements. He also said that no appraisals would be necessary. Council Member Lyden asked how many of the nine (9) property owners were in favor of going forward with the project and how many were against. Mr. Powell responded that he did not have a breakdown of those numbers. Council Member Bergeson asked what the highest assessment would be for the nine (9) property owners, to which Mr. Powell responded approximately $40,000. The lowest would be approximately $27,000. Council Member Bergeson then asked if property owners would be assessed upon connection or automatically upon installation of the utilities. Mr. Powell responded the lateral charges would be assessed automatically but area and unit charges only upon connection to the facilities. Council Member Kuether asked if there would be a problem with the City going ahead with the project at its own expense and allowing property owners to connect to the utilities as the need arises. Mr. Powell stated that funding would be the main issue. Council Member Kuether asked if Boe intends to hook up its existing building as well as the new building. She then stated that it was understood that Moline Concrete Products is interested in connecting to the utilities when MUSA becomes available, and that their assessment would be approximately $90,000. Council Member Bergeson asked if any businesses other than Boe Ornamental were prepared to connect to the utilities at this point. Mr. Ahrens said that of the five (5) other business he contacted prior to preparation of the feasibility report Boe was the only one that indicated interest in connecting at this time. Mayor Landers opened the public hearing at 7:18 P.M. Ms. Betty Ramsden, owner of Lino Lakes Blacktop, indicated to the Council that she is very concerned about this project. She said that she was not aware of the July 2, 1997 neighborhood meeting, and that her organization is not interested in connecting to the proposed utilities. She asked why Lino Lakes Blacktop was subject to such high assessment. Mr. Ahrens said the assessments are based on the size of each property as well as the opportunity for future property use. Council Member Kuether and Mayor Landers assured Ms. Ramsden that the project is not COUNCIL MINUTES JULY 14, 1997 yet at the point of going forward; that the Council is still in the process of gathering information prior to making a decision. Ms. Ramsden asked for clarification regarding her options (i.e., petition under Charter), and Mayor Landers clarified that the project would follow Chapter 429 guidelines which do not allow for the petition process. Ms. Ramsden asked about exempting her property from assessment due to non-use of the utilities, to which Mr. Powell responded assessment could be based upon service from another location but that it would not be entirely eliminated. Council Member Kuether asked about future property sales resulting in more than one unit of usage, to which Mr. Powell responded the area charges would already by covered but connection fees would be assessed for additional units. Dave Swanson, 501 Lilac Street, pointed out that he is on the north side of Lilac, therefore he would not be required to connect immediately upon completion of the project. He stated that his assessment is currently estimated at $31,000, and asked if that amount would be subject to future increase. Mr. Ahrens responded that each year the costs upon which assessments are based increase slightly (approximately 2%). Mr. Swanson expressed concern that his property would not increase in actual value by the amount of his assessment, to which Council Member Kuether responded the potential exists for subdivision of Mr. Swanson's property (1.5 acres) into 6 lots. Mr. Swanson asked if he could petition against the project and, under Charter, that option is available to him. However, Mr. Ahrens reminded Mr. Swanson that at present he is not required to hook up to the proposed utilities anyway, as he is located on the north side of Lilac Street. Mr. Ahrens also pointed out that in the event Mr. Swanson's property becomes included in MUSA, the assessment would then take effect upon sale of the property. Jill Schroeder, 432 Lilac Street (Tooling Unlimited), expressed concern that the project will go forward without input from property owners. She indicated her opposition to the project. Mike McDonald, 515 Lilac Street, expressed his concern that he would not be able to recoup the cost of the utilities at some future time when he might sell his property. He further requested explanation of how the funds collected through assessment would be used, to which Mr. Ahrens responded by summarizing costs as indicated in Mr. Powell's earlier presentation. Mr. Swanson again addressed the Council, asking for explanation of the basis for assessment to owners of larger parcels of property, expressing concern that this basis was not constant for all properties. Mr. Ahrens stated that all properties were evaluated based upon area and use factors, among others. Future development is also considered. Mr. Swanson asked about the reason for inception of this project. Mr. Ahrens responded that it was a result of Boe Ornamental's need for utilities in order to expand its business. Mr. Swanson concluded by expressing his opposition to the project. 6 • COUNCIL MINUTES JULY 14, 1997 Council Member Kuether moved to close the public hearing at 7:40 P.M. Council Member Neal seconded the motion. Prior to voting on this motion, Council Member Bergeson expressed a need for further discussion regarding this issue. Motion was defeated with all voting no. Council Member Kuether then moved to continue the public hearing to July 28, 1997. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 82, Ordering Improvement and Preparation of Plans and Specifications, Lilac Street Utility Extension - Council Member Kuether moved to continue consideration of Resolution No. 97 - 82 until the July 28, 1997 Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF SEMI-ANNUAL BUILDING DEPARTMENT REPORT, PETE KLUEGEL Pete Kluegel, Building Official, summarized building permits issued through the second quarter of 1997 (broken down by commercial, industrial and institutional categories) as well as the 1996 building activity, as follows: A total of 294 building permits were issued through June 30, 1997. Total construction valuation was $13,407,488 compared to the second quarter of 1996 with 300 total permits having a valuation of $25,226,311.00. To date 74 new single-family dwelling permits have been issued in 1997, for a total valuation of $10,500,000, compared to 96 in the first half of 1996 with a total valuation of $13,500,000. This is a decrease of 22 homes from the same period in 1996. The total average valuation of the homes for which permits have been issued to date is $142,524. Residential inventory stands at 237 lots. The balance of permits issued thus far this year is composed of basement remodels, home additions, fences, and decks. Seven permits have been issued for signs, for a total valuation of $34,159. Six septic repairs so far this year. The pumpers are extremely busy with septic maintenance. The industrial sector had 2 office warehouse buildings at 471 and 475 Apollo Drive with a total valuation of $1,100,000. A $120,000 remodeling permit was issued for the Lino Lakes Elementary School at 625 Main Street. A $60,000 permit has been issued for the Teleport Minnesota on Holly Drive. Upcoming projects include the D&W Uptech Machine project at 2289 Cedar Street valued at $1,600,000 and Fairview Clinic at 7455 Village Drive valued at $1,000,000. The Anoka County juvenile detention facility and Centennial Elm Street School are nearing completion this summer. Brian Wessel added that although we are down this year in overall valuation, commercial and industrial activity continue to increase with several projects soon to get under way and should be reflected in the second half of 1997. City staff recommends approval of the Second Quarter Building Department Report. Council Member Bergeson expressed concern regarding the backlog of requests for septic pumping and evaulation. Mayor Landers suggested that the City reevaluate this situation closer to the September 1, 1997 deadline for septic inspection. COUNCIL MINUTES JULY 14, 1997 Council Member Lyden moved to approve the Second Quarter Building Department Report as presented. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Comprehensive Plan Neighborhood Meetings, Brian Wessel - Mr. Wessel announced the joint City Council and Comp Planning Task Force meetings have been rescheduled for September 4 and 11, 1997. These meetings were designed to determine future growth strategy for the community, and will be publicized. Final Plat, Miller's South Glen, Mary Kay Wyland - Ms. Wyland reviewed the Council's approval on May 12, 1997 of a preliminary plat, rezone, and allocation of interim M.U.S.A. Reserve for Miller's South Glen. She noted the approval included several conditions including the contribution of $98,000 for the reconstruction of Ware Road. She went on to explain that this final plat represents the first phase of this project and includes 24 lots which are currently zoned R -1X. The Developer has signed a Development Agreement for this project and posted the required financial guarantees. Ms. Wyland informed the Council that the City Attorney has reviewed the title work and finds it to be acceptable. Additionally, the City Engineer has reviewed and approved the grading plan and permits are on file from the Rice Creek Watershed District. Staff recommended approval of the Final Plat for Miller's South Glen, First Addition. Council Member Kuether moved to approve the final plat for Miller's South Glen First Addition as presented. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Landers declared a recess at 7:55 P.M. The meeting was reconvened at 8:08 P.M. Consideration of SECOND READING, Ordinance No. 09 - 97, Zoning Ordinance Text Amendment (4/5 vote) - Ms. Wyland reviewed the Council's approval of the First Reading of this ordinance at its June 23, 1997 meeting. Ms. Wyland indicated that Staff recommends approval of this Second Reading and publication of an ordinance summary for the legal newspaper. She added that the recreational vehicle section of the Ordinance will include wording from the new ordinance (No. 17 - 97), provided it is approved by the Council at this time. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 09 - 97 as prsented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 09 - 97 can be found at the end of these minutes. Consideration of SECOND READING, Ordinance No. 17 - 97, Zoning Ordinance Amendment, Recreational Vehicles (4/5 vote) - Ms. Wyland reviewed the Council's approval of the First Reading of this Ordinance at its June 23, 1997 meeting, amended to allow for the parking and storage of recreational vehicles within the front yard setback. Ms. Wyland indicated 8 • COUNCIL MINUTES JULY 14, 1997 that Staff recommends incorporation of this Ordinance into the Zoning Ordinance Text Amendment (Ordinance No. 09 - 97), should this Second Reading be approved. She added Staff's recommendation that this section of the Ordinance be published in its entirety. Ms. Wyland reminded the Council that the Planning and Zoning Board had three (3) consecutive "packed" meetings to discuss this Ordinance prior to development of the amendment. Council Member Bergeson asked what rules would be in place if this amended Ordinance is not approved. Ms. Wyland informed him that the original Ordinance referencing no parking or storage within the 30 -foot setback area. She added that the approved wording for this amendment has been published and accepted by the public, and that many residents will be surprised if this amendment is not approved as presented. Mayor Landers expressed continued concern regarding the 15 -foot setback that was previously discussed. He felt that 15 feet is not sufficient. This is a safety issue, and moving vehicles in neighboring properties is dangerous without better visibility. Council Member Kuether suggested further discussion of this Ordinance amendment at a future work session. Council Member Lyden asked what concerns the Police Department has with the Ordinance as amended. Ms. Wyland indicated the Police Department has no problem with the proposed wording. Council Member Bergeson suggested that even though there is concern over the 15 -foot setback, as written it clarifies certain ambiguities included in the existing Ordinance and is an improvement. Mayor Landers recommended passage of the amended Ordinance with the condition that it be reevaluated one year from now. Council Member Lyden moved to adopt the SECOND READING of Ordinance No. 17 - 97, and to incorporate Ordinance No. 17 - 97 into Ordinance No. 09 - 97, Zoning Ordinance Amendment, Recreational Vehicles, with the condition that in one year the Ordinance be reviewed. Council Member Neal seconded the motion. Motion carried with Council Member Kuether voting no. Ordinance No. 17 - 97 can be found at the end of these minutes. Consideration of SECOND READING, Ordinance No. 12 - 97, Sign Ordinance Amendment (4/5 vote) - Ms. Wyland reviewed the Council's approval of the First Reading of this Ordinance at its June 23, 1997 meeting. Ms. Wyland expressed Staff's recommendation for approval of this Second Reading and publication of an Ordinance Summary for the legal newspaper. COUNCIL MINUTES JULY 14, 1997 Council Member Bergeson asked if the reference to garage sale signs had been deleted. Ms. Wyland indicated that the intention is to delete that section. Council Member Bergeson also asked about the status of existing signs, to which Ms. Wyland responded they would be "grandfathered" but updated if replaced. Council Member Kuether asked if the Economic Development Committee approves, to which Mr. Wessel responded in the affirmative. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 12 - 97 as prsented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 12 - 97 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 80, Accept Bids and Award Construction Contract, 1997 Sealcoat Project - Mr. Ahrens reviewed the Council's approval of plans and authorization of advertisement for bids for this Project at its June 23, 1997 meeting. The results of the opening of bids are as follows: Asphalt Surface Technology Corporation Allied Blacktop Bitumonious Roadways Engineer's estimate $ 67,500 $ 87,300 $ 90,750 $111,500 Mr. Ahrens explained the engineer's estimate was high because of information regarding projected increases in the cost of certain materials used in seal coating. These projects typically do not receive a high number of bids. Mr. Ahrens stated that last year only one bid was submitted. AsTech has submitted an excellent bid to the City, and is a capable contractor able to perform the required work for the project. Mr. Ahrens explained that funds for seal coating the new streets are provided by the developer of subdivisions and the City's general fund for the remaining streets. The developer contribution is $31,237.67, and the City general fund amount is $36,262.33. The proposed project schedule is as follows: Council awards bid Construction begins Substantial completion July 14, 1997 July 28, 1997 August 15, 1997 Staff recommends that Resolution No. 97 - 80 be adopted. 10 • • COUNCIL MINUTES JULY 14, 1997 Council Member Neal asked about inspection of installed seal coat due to concern over the large discrepancy between the bid recommended for acceptance and the engineer's estimate. Mr. Ahrens assured him that the specifications have been agreed to by Asphalt Surface Technologies, and that quality control measures will be taken upon completing the work. Council Member Lyden asked about the possibility of doing other roads, given the low bid. Mr. Ahrens indicated that if such work becomes necessary it is certainly a possibility that it could be done more readily. Council Member Lyden moved to approve Resolution No. 97 - 80 as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 80 can be found at the end of these minutes. Consideration of Resolution No. 97 - 81, Accept Bids and Award Construction Contract, Village Drive, Street Improvement - Mr. Ahrens explained that on May 27, 1997, the Council ordered the improvement for the street and storm sewer construction and authorized acception of bids for the project. Five (5) sealed bids were received and opened on Wednesday, July 2, 1997 for the street and storm sewer construction associated with Phase 1 of the Village project, as follows: Company Bid Amount Ryan Contracting $153,893.45 Central Landscaping $163,495.15 Jay Brothers $168,926.71 Rehbein Excavating $174,493.80 Perkins Contracting $179,749.00 Engineer's Estimate $197,741.25 Mr. Ahrens explained that the number of bids received and aggressive pricing represents a continued competitive bidding climate for the 1997 season, pointing out that the bid by Ryan Contracting is approximately 22% below the engineer's estimate. He referred to correspondence from the City's consulting engineer, OSM, Inc., recommending the award of the construction contract to Ryan Contracting. All costs will be borne by Village Development. Mr. Ahrens reviewed the current proposed schedule for this project, including the Council's authorization to advertise for bids on May 27, 1997; bid opening on July 2, 1997; Council's bid award on July 14, 1997; beginning of construction on July 28, 1997; substantial completion by September 1, 1997; and wear course paving, June, 1998. He expressed Staff's recommendation that Resolution No. 97 - 81 be adopted. • Council Member Bergeson moved to approve Resolution No. 97 - 81 as prsented. Council Member Lyden seconded the motion. Motion carried unanimously. Il COUNCIL MINUTES JULY 14, 1997 Resolution No. 97 - 81 can be found at the end of these minutes. Consideration of Emergency Ordinance No. 19 - 97 amending Emergency Ordinance 10 - 97, Telecommunications Antennas - Mr. Ahrens stated that the Council adopted Ordinance 10 - 97, Telecommunications Antennas, in April, 1997, placing a 6 -month moratorium on wireless communication tower applications to allow Staff to prepare a revised antenna ordinance. Nextel Communications is requesting the City allow the siting of a wireless communication antenna on the City's new water storage tank located near 35E and Main Street. Council is asked to consider Ordinance 19 - 97 to amend Ordinance 10 - 97 by adding the following section: Appeal Provisions: The City Council shall have the power to vary or modify the application of any provisions in this ordinance upon its determination in its absolute legislative discretion that such variance or modification is consistent with current and proposed ordinances relating to the siting of wireless communication antennas, equipment and facilities. The current ordinance relating to the siting of wireless communication anatennas allows the installation of antennas on the public structures (water storage tanks). The proposed ordinance revision also allows the siting of communication antennas on public structures. Although Council has not adopted the new wireless communication antenna ordinance, Staff feels that the siting of antennas on the water storage tank is acceptable since three (3) applications were previously approved by Council. Staff recommends that Emergency Ordinance 19 - 97 be adopted. Council Member Neal moved to approve Emergency Ordinance No. 19 - 97 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Emergency Ordinance 19 - 97 can be found at the end of these minutes. Consideration of Nextel's Request to Install Antennas on Water Tower No. 2 - This item was removed from the agenda upon adoption. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Architectural/Engineering Contract for Lino Lakes Municipal Facilities - Mr. Wessel reviewed the Council's approval of Leonard Parker Associates as the architect for the municipal facility campus at its May 27, 1997 meeting. He reminded the Council that Leonard Parker Associates is an award-winning 40 -year-old firm of eight (8) principals and a staff of 30 architects and support staff with experience in public facilities and educational projects, having received 86 design awards and won 12 national and international design competitions in recent years. Mr. Wessel explained that having entered into negotiations with Leonard Parker Associates upon authorization of the Council, the Staff and City Attorney have prepared the contract presented for approval. 12 • • COUNCIL MINUTES JULY 14, 1997 Mr. Wessel explained the complicated nature of this project due to the 3 -building complex. The Police Department has been approved, and Early Childhood Education Center is ready for approval; however, the City Hall portion has not yet reached that point. Therefore, an arrangement has been suggested which commits to Phase 1 of the architectural and engineering services contract, allowing for the Police Department and Early Childhood Education Center portions of the project to go forward at a cost of $94,000, or about 20-25% of the total design fee. Also total comprehensive services for the project will be realized at 9.6% of construction cost, well within the industry standard. In the event the City Hall portion of the project is "phased", the fee will probably have to be extended due to additional costs at that point. Mr. Wessel's recommendation is that the contract be approved including the conditions outlined above. Council Member Kuether pointed out that a sizable savings would be realized if the buildings are constructed at the same time. Mr. Wessel stated that between $600,000 and $900,000 could be saved by proceeding with all buildings simultaneously, and that there are still issues to be investigated with respect to City Hall. He added that he is committed to providing additional information to Council within the next few weeks which will allow for the project to go forward. Council Member Lyden suggested that additional time would be required by Council to review the contract. City Attorney Bill Hawkins assured the Council that the suggested changes to the contract are not significant, consisting of provisions for the City Hall site only. He does not feel uncomfortable approving the contract contingent upon the conditions outlined above. Council Member Neal suggested that Council Member Lyden, who is on the City Hall building committee, participate in upcoming meetings on this issue. Council Member Bergeson suggested that the Council rely upon the expertise of Mr. Wessel and Mr. Hawkins in revising the basic service contract to meet the City's needs. Mr. Wessel added that another point of negotiation is the combining of all basic services --architectural, structural, mechanical, and electrical, without additional services of landscape architectural, civil engineering and interior design. Council Member Lyden asked about commitment to lease by the Early Childhood Education Center, which is coming up for approval. Mr. Wessel explained that, should the Early Childhood Center lease arrangement not be approved, the "phased" nature of the revised contract would allow for deletion of that portion of the project. Council Member Kuether moved to approve the contract with Leonard Parker Associates for architectural/engineering services with respect to the Lino Lakes Municipal Facilities, subject to further negotiation. Council Member Lyden seconded the motion. Motion carried unanimously. COUNCIL MINUTES JULY 14, 1997 CONSIDERATION OF WAIVING OR NOT WAIVING MONETARY LIMITS ON TORT LIABILITY PURSUANT TO MINNESOTA STATUTE 466.04 - RANDY SCHUMACHER Mr. Schumacher informed the Council that although it has never done so, each year the City has the option of waiving its monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. In other words, State law protects the City up to $600,000, which is the current limit of liability per occurrence or incident. Mr. Schumacher stated that the City presently carries an additional $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit) in the event the limits are ever declared unconstitutional. Mr. Schumacher expressed the Staff's recommendation that the City of Lino Lakes not waive its monetary limits on tort liability as established by Minnesota Statute 466.04. Council Member Bergeson inquired as to coverage in the recent St. Paul gas explosion. Mr. Hawkins responded that the total of $600,000 upheld by the courts. He added that this issue is challenged each year, due to incidents of catestrophic nature, but has withstood many challenges. Additional coverage is available at substantial additional cost. Council Member Kuether moved that the City of Lino Lakes not waive its monetary limits on tort liability as established by Minnesota Statute 466.04. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration Of Lease Agreement, Centennial School District Early Childhood Center, Randy Schumacher - Mr. Schumacher explained that the present Early Childhood Education Center is located in Circle Pines. It is located in an older facility. Centennial School District and the City of Lino Lakes have been negotiating a ten-year building lease proposal, as follows: 1. The building would be built and owned by the City in the Town Center. 2. Centennial School District would lease the building (approximately 11,000 square feet) for a minimum of ten years. 3. Plans for the building would be approved by both parties prior to construction. 4. Annual rent would pay for all debt on the construction financing. 5. All utilities will be paid for by the school district. 6. Premises shall be used only for public school purposes. 7. School must carry appropriate levels of insurance to cover the City as additional insured. Mr. Schumacher expressed the Staff's recommendation that the Council authorize the City Administrator and Mayor to enter into a lease with Centennial School District according to the terms outlined above. 14 • • • COUNCIL MINUTES JULY 14, 1997 Council Member Kuether asked if the lease revenue bond interest rate is locked in. Mr. Schumacher indicated that the rate is fairly certain. Council Member Kuether expressed concern about a locked -in rent amount for 10 years, and Mr. Schumacher explained that the rate would be subject to indexing. Council Member Lyden asked about other costs to the City, to which Mr. Schumacher replied the lessor would be responsible for all operational costs. The City would be responsible for maintenance, but should not be an issue due to its low -maintenance nature of the construction. Council Member Bergeson moved that the City Administrator and City Attorney be authorized to negotiate a lease between the City of Lino Lakes and Centennial School District according to terms and conditions presented by the City Attorney. Council Member Kuether seconded the motion. Motion carried unanimously. Consider Scheduling Budget Work Session - The Council reviewed the schedule for Budget Work Session meetings starting on August 7, 1997. Mr. Schumacher asked that the Council look closely at the time allotted for each department. NEW BUSINESS Consideration Of Renewal Of Off -Sale 3.2 Beer License, Tom Thumb Food Market, 7997 Lake Drive, Lino Lakes, Marilyn Anderson - Ms. Anderson reviewed approval by the Council at its June 23, 1997 meeting of all liquor, beer and dance licenses with the exception of the Tom Thumb Food Market beer license. She reminded the Council that at the time of that meeting, Tom Thumb had not provided the required information for renewal of the license and had not indicated any intention of requesting renewal of the former license. On June 30, 1997 Ms. Anderson received notice that Tom Thumb was going to renew its license. At the same time, all information needed for renewal of the beer license was presented. On July 1, 1997 Tom Thumb removed all beer from its shelves and is currently not selling beer. The Tom Thumb Food market was informed that the renewal of its license would be considered by the Council at this meeting. Since all information required for renewal of the beer license has now been presented to Ms. Anderson's office and the police investigation was positive, Ms. Anderson recommended that the beer license be renewed. Council Member Neal moved that the Off -Sale 3.2 Beer License for the Tom Thumb Food Market, 7997 Lake Drive, Lino Lakes be renewed as prsented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration Of A Liquor License For The Blaine American Legion Club #566, Marilyn Anderson - Ms. Anderson informed the Council that she has received an application for an on - sale liquor license for the former B & E Furniture building, 7319 Lake Drive. The application is complete, the insurance certificate is on file and the Police Department investigation has been completed with no concerns expressed at the Legion's prior address. Ms. Anderson further 15 COUNCIL MINUTES JULY 14, 1997 informed the Council that the 7319 Lake Drive property is within 1000 feet of the Gethsemane United Methodist Church. The current Lino Lakes Liquor Code requires that no liquor establishments be located within 1000 feet of a church or school. Ms. Anderson recommended that the request by the Blaine American Legion Club #566 for a liquor license be denied. Mayor Landers invited American Legion members present in the audience to address the Council. Terry Randall, speaking on behalf of the American Legion Post 566, spoke about the philosophies of the Legion, as well as reference to numerous services and activities conducted by the Legion for the community. Dave Klosner, a resident of Lino Lakes, spoke on behalf of scholarships provided by the American Legion. Annette Gorman, 425 Forsham Lake Drive, expressed her opposition to the Legion's acquisition of a liquor license. Council Member Kuether brought up the fact that Ms. Gorman and members of her neighborhood had not received notice of this matter being on the Council's agenda. Mayor Landers stated that in order to allow the American Legion to operate from the location of the former B & E Furniture building the current ordinance regarding the 1000 -foot limit would have to be amended. Council Member Neal pointed out that considerable crime has taken place in the neighborhood where the Legion is seeking residence, and it was his feeling that the Legion would not promote such activity. Ms. Anderson informed the Council that she has been in contact with another resident of the neighborhood, and that everyone should have been informed. Council Member Neal suggested a motion waiving all ordinances and granting the American Legion's request. Mr. Schumacher informed him that the requirement would be to introduce an ordinance eliminating the 1000 setback issue. City Attorney Hawkins indicated that Code requires such be in writing. He suggested a motion directing Staff to prepare such an ordinance. Council Member Neal moved to grant the liquor license to the American Legion. For lack of a second, this motion died. Council Member Bergeson moved to deny the request for a beer license at 7319 Lake Drive. Council Member Lyden seconded the motion. Council Member Bergeson stated that the Council has no option but to deny the Legion's request based upon the current Ordinance. Motion carried with Council Member Kuether abstaining and Council Member Neal voting no. 16 •: • • COUNCIL MINUTES JULY 14, 1997 Establishment Of Rules Of Conduct - Mayor Landers announced a work session is scheduled for August 4, 1997 from 1:30 to 4:30 P.M. The location is not yet established. Attorney Update - Mr. Hawkins updated the Council as to the status of the Kaiser property title registration action, which was completed last Thursday. Mr. Wessel indicated that the intention was to put the property on the market. Council Member Kuether asked about salvage of reusable materials, and Mr. Schumacher indicated that the owner is responsible for such salvage. Mr. Wessel said he would contact the owner regarding his wishes. ADJOURN Council Member Neal moved to adjourn at 9:23 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the regular Council Meeting, July 28, 1997. 6/1/tic.m, Marilyn G. "Anderson, Clerk -Treasurer Transcribed by: Judy Pope Time Saver Off -Site Secretarial 17 Jo L. Landers, Mayor Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 12-97 AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains: SECTION I. PURPOSE AND INTENT The purpose of this ordinance is to establish a set of standards for fabrication, erection and use of signs, symbols, markings, or advertising devices within the City. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the development and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices. SECTION II. DEFINITIONS: A. Commercial Use: Activity carried out for monetary gain. B. Conditional Use: A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. C. Conditional Use Permit: A permit issued by the City Council in accordance with the procedures specified within this Ordinance as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents. D. Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. E. Sign: The term "Sign" shall mean a name, identification, description, display. illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land. and which directs attention to an object, product, place, activity, person, institution. organization or business. 1 • • F. Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. See Section IV General Regulations. G Business Sign: A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. H. Related Definitions: 1. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. See Section IV General Regulations. 2. Motion Sign: A sign which revolves, rotates or moves. 3. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams or standards. 4. Sign Height: Height shall be measured from grade to the uppermost points or level of sign surface. 5. Flashing Sign: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Section IV General Regulations. 6. Direction Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. 7 Area Identification Sign: A free standing sign or pylon which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. Wall Advertising Sign: An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 9. Ground Sign: An advertising sign supported by or upon standards, poles, beams or other supports directly affixed to the ground. 10. Pylon Sign: A free standing ground sign erected upon a post or posts not more than fifteen (15) feet apart. 11. Projecting Sign: A Business sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. 12. Marquee and Canopy Signs: Any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. 13. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. 14. Temporary Signs: A sign erected for a limited period of time. a. Real Estate Sign - A temporary sign advertising the sale or lease of property or buildings. b. Construction Sign: - A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. Sign must be removed within 30 days after issuance of certificate of occupancy for a structure. c. Political Campaign Signs: - Signs or posters announcing the candidate(s) seeking political office and/or political issues, and dates pertinent thereto. See Section IV General Regulations. 15. Portable Sign: A sign designed to be movable from one location to another. 16. Institutional Sign: A sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. • • • SECTION III. DISTRICT REGULATIONS A. "R" Rural District and "R -X" Rural Executive Residential District Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions. 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and near to urban areas. 3. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 4. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 5. To reduce the possibilities of rural - urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and others as necessary. Rural & Rural Executive Residential Districts: In the Rural District all signs must comply with the following: 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty-two (32) square feet; not higher than eight (8) feet. 3. Advertising Signs: Advertising signs, as defined by Section 1I, Subd. F of Ordinance, are prohibited in the RI, R-1 X, R3, R4, R6, R7 Zoning Districts. 4. No Sign shall be closer than ten (10) feet to any property line. • B. RESIDENTIAL DISTRICTS a. R-1" and R -1X Single -Family Residential District: Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single-family neighborhood with a suburban density. The area is intended for development of single-family detached homes on lots with public sewer and water. b. "R-2" Two -Family District: Purpose. This district is intended to provide a residential atmosphere for those persons desiring a two-family dwelling with a more urban, but limited, density. Two-family dwellings will not be allowed in areas without sanitary sewer. c. "R-3" Medium Density Residential District: Purpose. The purpose of the R-3 Medium density Residential District is to provide settings for multiple -family structures up to eight dwelling units per building in areas having good thoroughfare access, are properly located to other uses and are accessible to major activity center, recreation areas and shopping areas. d. "R-4" High Density Residential District: Purpose. The purpose of the R-4 High Density Residential Districts is to provide settings for multiple -family housing in areas having good thoroughfare access, proper relationship to other uses and are accessible to major activity center, recreation areas and shopping areas. e. "R-6" Manufactured Home Park District: Purpose. The purpose of the Manufactured Home Park District is to provide opportunities for manufactured housing in a planned community. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts. All manufactured Home Parks are required to conform to the provisions of this section and other appropriate sections of the code. f. "R-7" Manufactured Home Subdivision District: Purpose. The purpose of this district is to provide opportunities for manufactured housing for manufactured homes which meet the design criteria established in this • subdivision in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities. R1, R -1X, R2, R3, R4, R6, R7 In the multiple and residential districts, the following requirements apply. 1. Residential Identification: One nameplate per residence, not more than two (2) square feet per unit. 2. Institutional Identification Signs: Not more than one sign per street frontage; one identification sign allowed per building; not more than thirty-two (32) square feet; not higher than six (6) feet; 3. Area Identification Signs: Not more than twenty-four (24) square feet; not higher than six (6) feet. 4. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Ordinance, are prohibited in the R1, R -1X, R3, R4, R6, R7 Zoning Districts. 5. No sign may be closer than ten (10) feet to any property line. C. BUSINESS DISTRICTS a. "LB" Limited Business District: Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an "office park" development. Also, the "LB" District can be used as a transitional district or buffer between noncompatible uses such as intense commercial ("GB") and residential uses. In the Limited Business Districts all signs must comply with the following: 1. Institutional Identification: One ground or wall sign per institution, of thirty-two (32) square feet or three percent (3%) of the building face area (whichever is greater), is allowed on public, medical, educational, clinical or community centers. • 2. Business and Professional Building Identifications: a. One ground or wall sign per building, of fifty (50) square feet or twenty percent (20%) of wall area, whichever is greater. b. One ground sign or pylon sign up to fifty (50) square feet; not higher than thirty (30) feet; not closer than fifty (50) feet to another such ground sign, but allowed only if the business is not part of an integrated retail complex. 3. Multi -Occupancy Business Signage: When a single principle building is devoted to three (3) or more businesses, signage must comply with Section IV. Subd. Z. of this ordinance and shall be limited to one ground sign of one hundred (100) square foot maximum per development, not higher than thirty (30) feet. 4. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of this Ordinance, are prohibited in the LB Zoning District. 5. No sign shall be closer than five (5) feet to any property line. b. "NB" Neighborhood Business District" Purpose. The purpose of the NB Neighborhood Commercial District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. No sign may be closer than five (5) feet to any property line. 1. Business Signs : a. Sign or signs attached to building equaling twenty percent (20%) of the building face area or fifty (50) square feet, whichever is greater; not higher than six (6) feet above outside of parapet wall. b. One ground sign or pylon sign up to fifty (50) square feet; not higher than thirty (30) feet; not closer than fifty (50) feet to another such ground sign, but allowed only if the business is not part of an integrated retail complex. 7 2. Multi -Occupancy Business Signage: When a single principle building is devoted to three (3) or more businesses, signage must comply with Section IV. Z. of this ordinance and shall be limited to one ground sign of one hundred (100) square foot maximum per development, not higher than thirty (30) feet. 3. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of this Ordinance, are prohibited in the NB Zoning District. 4. No sign may be closer than five (5) feet to any property line. c. "SC" Shopping Center District: Purpose. This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Potential shopping center sites should be zoned after there is actual need shown and construction of the center can be expected within two years following such zoning. This will allow potential developers greater freedom in site selection and reduce the possibility of under -or over -zoning for commercial development. 1. There may be more than one site suited for commercial activity and public policy states that only one may be developed. 2. To provide a flexible means to zone land for commercial development at a later date when there is justification. In the Shopping Center Districts, all signs must comply with the following: 1. Multi -Occupancy Business Signage: When a single principle building is devoted to three (3) or more businesses, signage must comply with Section IV. Z. of this ordinance. Maximum signage allowed shall be: a. One (1) ground sign or pylon for each major street or thoroughfare frontage up to two hundred (200) square feet of sign surface. b. Not higher than forty (40) feet above grade. 2. Business Signs (Single & Double Occupancy Buildings): a. One wall sign only allowed within the parapet, not to exceed 100 square feet or 20% of the building face, whichever is less.. b. One free standing or pylon sign not to exceed 20% of the building face. 8 3. Advertising Signs: Advertising Signs, as defined by Section II, Subd. F of this ordinance, are prohibited in the SC Zoning District. 4. No sign may be closer than five (5) feet to any property line. d. "GB" General Business District and "CB" Central Business District and "PSP" Public Semi Public. Purpose. The GB and CB districts are areas containing a wide variety of business uses including retail, service, and semi -industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers. needs. Purpose. The "PSP", Public -Semi Public District is designed and intended to aid in guiding development towards fulfillment of the comprehensive plan to serve the following functions. i. To provide the community with properly located schools, colleges, and health institutions. ii. To provide the community with properly located public services and utilities. iii. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. iv. To relate public and semi-public locations with thoroughfare system. In the GB" General Business District, "CB" Central Business District, and "PSP" Semi -Public Districts all signs must comply with the following: 1 Institutional Identification: a. For hospitals, office buildings, etc. b. One free standing sign not to exceed sixty (60) square feet or one wall sign not to exceed twenty (20%) of the building face area or 100 square feet whichever is Less.. 2. Business Signs: a. Pylon or ground signs totaling two (2) square feet of sign surface per lot frontage toot; up to two hundred (200) square feet and not 9 • • • higher than forty (40) feet. Must be fifty (50) feet away from another ground sign. • • b. One sign attached to the building (wall or parapet) up to one hundred (100) square feet or twenty percent (20%) of the building face area, whichever is greater. 3. Multi -Occupancy Business Sign: When a single principle building is devoted to three (3) or more businesses, signage must comply with Section IV. Z. of this ordinance. a. Area identification sign shall not exceed two hundred (200) square feet in area and forty (40) feet in height 4. Service Station Signs: a. On surface materials - i. One (1) pylon sign per frontage. - Eighty (80) square feet maximum sign surface. - Forty-five (45) maximum in height. ii. One additional ground sign per street frontage. - Thirty-two (32) square feet maximum sign surface. - Thirty (30) feet maximum in height. iii. Sign or signs attached to building. - Up to twenty percent (20%) of the total building face. b. Abutting freeways - i. One (1) pylon sign. One Hundred (100) square feet - Maximum height of sixty-five (65) feet. ii. One additional ground sign per frontage. - Thirty-two (32) square feet. - Thirty (30) feet in height. iii. Sign or signs attached to building. - Up to twenty percent (20%) of the total building face. 5. Advertising Signs: Advertising signs, as defined by Section II, Subd.F of this Ordinance, are prohibited in the GB and PSP Zoning Districts. 6. No sign may be closer than five (5) feet to any property line. D. INDUSTRIAL DISTRICTS a. "LI" Light Industrial District: Purpose. These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. "LI" uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. b. "GI" General Industrial District Purpose. These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. In the Light and General Industrial Districts all signs must comply with the following: 1. Multi -Occupancy Business Signage: When a single principle building is devoted to three (3) or more businesses, signage must comply with Section IV. Z. of this ordinance. a. Pylon sign up to two hundred (200) square feet per side of sign area. b. Not to exceed building height limit of zone. c. Minimum of five (5) foot setback from property line. 2. Business Identification (Single & Double Occupancy Buildings): a. Sign area of all business signs on a site equals three (3) square feet per lineal foot of lot frontage, or two hundred (200) square feet, or twenty-five percent (25%) of the wall area on which the sign is placed, whichever is greater. One wall sign and one free standing ground or pylon sign is allowed. • c. Minimum five (5) foot setback from property line. 3. Advertising Signs: Advertising signs, as defined by Section II. Subd. F of this Ordinance, are prohibited in the LI and GI Zoning Districts. E. "R -BR" RURAL BUSINESS RESERVE DISTRICT Purpose. This district is intended to preserve a rural very low-density environment until such time as the land is needed for commercial and industrial uses. Residents of this district can expect to fully use the land for farming, grazing, animal husbandry, propagation of nursery stock, gardening, and other traditional rural use. In addition, the district is meant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular subdivisions of land for residential purposes as well as commercial and industrial uses without access to suitable infrastructure is not to be permitted. This district is also meant to serve the following functions: - To control and limit urban sprawl. - To conserve land in a viable economic status until such time as the need is present for rezoning to a business use district. - To reduce the possibility of rural -urban conflict in both the use of the land and in the extension of utilities and other infrastructure items. - To maintain acceptable per -capita costs for city services such as snow- plowing, road maintenance, and fire and police protection. - To define a "trigger -mechanism" that will establish a formula for the rezoning of Rural -Business Reserve land to a business use as needed. No sign may be closer than five (5) feet to any property line. Residential Identifications: Not more than two (2) square feet of nameplate. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty-two (32) square feet; not higher than eight (8) feet. Advertising Signs: Allowed by Interim Use Permit: forty (40) feet maximum height above grade, must comply with General Regulations. Section IV. 12 a. Must not be within seven hundred fifty (750) radius feet of an existing residential structure or other advertising structure in a non- freeway area. b. Must not be closer than seven hundred fifty (750) radius feet of another advertising structure. Shall not be closer than twelve hundred (1200) feet to another such advertising structure on the same side of an interstate freeway. For the purpose of this Ordinance, a back-to-back or V -type sign shall be considered as one structure. c. Must not be closer than twelve hundred (1200) feet from any adjoining zoning district. d. Maximum size of sign shall not exceed Six Hundred Seventy Five (675) square feet. e. The site on which the sign is located shall comply with all area and width requirements of the base zoning district. f. Removal of the sign shall be required with the rezoning of the site or redevelopment to add another principle use. 4. Business Signs: One ground or wall sign per building, fifty (50) square feet or ten percent (10%) of wall area, whichever is greater. 5. No sign may be closer than five (5) feet to any property line. SECTION IV. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising signs in districts where permitted, must comply with the following: 1. Shall only be fabricated of and erected on steel and built to a minimum of thirty (30) pounds per square foot windload factor. 2. Shall not be longer than sixty (60) feet. 3 Shall have a maximum square footage restriction of seven hundred fifty (750) square feet. B. All signs shall be constructed in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference and made a part of this Ordinance. • C. No sign shall be permitted within public road right-of-way or be affixed to public structures or public utility poles or boxes. D. No sign shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. E. Banners, balloons, stringers are prohibited unless approved in conjunction with a portable sign permit. F. "No hunting" and "No trespassing" signs are allowed as regulated by State Statutes 97B.001, no permit required. G. Illuminated signs are permitted only in limited and general business, shopping center, central business and light and general districts. H. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters/symbols may be directly attached to a wall by adhesive or mechanical fasteners. I. No sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. J. There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. K. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening of any building or structure. L. Campaign Signs. a. State General Election years: In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.045 as amended. These signs shall be confined within private property provided that the property owner's permission has been obtained. b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of nine (9) square feet for each premise in a residential zone and thirty-two (32) square feet in an agricultural, commercial or industrial zone. These signs shall be confined within private property, provided that the property owner's permission has been obtained. These signs may be displayed ninety (90) days prior and ten (10) days after the election for which intended. In cases where a final election follows within seventy-five (75) days of a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven (7) days after the final election. 14 • M. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. The surface of all signs must be repainted at least once every two (2) years or whenever necessary as determined by inspection by Zoning Official to prevent the sign surface from becoming unkempt in appearance. When any sign is removed, the Zoning Official shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. N. Signs which become unsafe or unkempt in appearance shall be repaired or removed by the licensee upon notification by the Zoning Official. O. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. P. Real estate development signs or construction site signs may be erected providing they do not exceed one hundred (100) square feet of area, are not more than fifteen (15) feet above grade, and not within one hundred (100) feet of an existing residential structure. Q. Directional signs up to four (4) square feet are allowed up to ten (10) feet above grade provided they are not erected adjacent to any residential streets. • R. Temporary real estate signs advertising the sale of individual residences shall not require a permit if they are under six (6) square feet. • S. Temporary signs advertising buildings or land for rent or for sale in all districts may be placed on such property providing such signs are not closer than then (10) feet to any property line and do not exceed forty (40) square feet in industrial areas and fifteen (15) square feet in other areas. T. Projecting signs which extend over public property are prohibited. U. Roof signs are prohibited. V. The exposed uprights, superstructure or back side of all signs must be painted a neutral color such as light blues, grays, greens or browns, unless such part of the sign is integral to the overall design of the sign. W. All signs including temporary and portable over six (6) square feet in size shall require a sign permit. Permit fees shall be in accordance with a fee schedule as adopted by the City Council. V. Portable Sign: A sign designed to be movable from one location to another. Portable signs shall be used a maximum of four (4) times a year for a total of fifteen (15) days per time. Portable signs shall be limited to special events or promotion. A sign permit fee I5 • may be established by the City Council that will reflect the cost of administration of this permit. Y. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. Z. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. AA. Multi -Occupancy Business and Industrial Buildings: When a single principle building is devoted to three (3) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. 1. The maximum individual sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions. Individual freestanding signs identifying the tenants' business shall not be displayed. Twenty Five Percent (25%) of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. 3. Except as provided in this ordinance, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. The signs shall be located only on exterior walls which are directly related to the use being identified. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance.Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. 16 BB. GRANDFATHER CLAUSE: All signs located within the City of Lino Lakes prior to the adoption of this Ordinance, may continue to exist as to size, illumination and present location, provided the sign does not violate any provisions of the Lino lakes City Code up to the date this Ordinance is passed and adopted. A permit is required for each existing sign, as applicable under this Ordinance. CC. Any violation of this Ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. Punishment therefore may involve a find of up to Seven Hundred ($700) dollars or a jail sentence of ninety (90) days, or both; this shall not, however, allow the continued existence of a violation and removal thereof may be undertaken by the City upon a ten (10) day notice of such proposed removal to the violator. SECTION V. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 14th day of July, 1997. hn Landers, Mayor ATTEST Mrilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Lyden, Landers, Kuether, Neal The following voted against same: none Whereupon said ordinance was declared duly passed and adopted 17 s • • Council Member Lyden adoption: introduced the following ordinance and moved it CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 17-97 AN ORDINANCE ADDRESSING THE PARKING AND STORAGE OF RECREATIONAL AND UTILITY VEHICLES The City Council of the City of Lino Lakes hereby ordains as follows: Section 1, Section 3, Subd. 2 (113) of the City Zoning Ordinance (Recreational Vehicle Definition) is hereby amended to read as follows: (113) Recreational Vehicle. A vehicle designed and used for recreational purposes and enjoyment including, but not limited to, snowmobiles, motorized all terrain vehicles, boats, race cars, travel trailers, truck campers, camping trailers and self-propelled motor homes and all associated trailers. Section 2. Section 4, Subd. 21 of the City Zoning Ordinance (Parking and Storage • of Motor Homes and Travel Trailers) is hereby amended to read as follows: Subd. 21 Recreational and Utility Vehicle and Trailer Storage. Recreational vehicles, as defined by Section 3, Subd. 2 of this Ordinance may be parked or stored on a residential site provided that: (1) The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: (2) The vehicles have affixed thereto current registration or license plates as required by law. (3) The vehicles are stored no closer than five (5) feet from side and rear lot lines. (4) The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section 8, Subd. 4 (3) of this ordinance. (5) All front yard storage comply with the following setbacks from street curb and pavement lines: • Street Classification Minimum setback from curb/pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet (6) No vehicle shall be parked or stored in a manner that blocks a city or county park trail (7) The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. Section 3. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino Lakes this 14thday of July 1997. ATTEST: °^{�-,� Marilyn Anderson, Clerk/Treasurer ec Landers, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being take thereon, the following voted in favor: Bergeson, Lyden, Neal, Landers. The following voted against same: Kuether Whereupon said ordinance was declared duly passed and adopted. • • Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 19-97 AN ORDINANCE AMENDING THE LINO LAKES CODE BY AMENDMENT TO ORDINANCE 10-97, TELECOMMUNICATIONS ANTENNAS The City Council of the City of Lino Lakes ordains: Ordinance 10-97, Moratorium on the Establishment, Expansion, Modification or Rebuilding of any Radio Common Carrier Facility, of the Lino Lakes City Code is amended as follows: Add the following Section: Section 9. Appeal Provisions: The City Council shall have the power to vary or modify the application of any provisions in this ordinance upon its determination in its absolute legislative discretion that such variance or modification is consistent with current and proposed Ordinances relating to the siting of wireless communication towers, equipment and facilities. Save as amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes the 14th d of July, 1997. Marilyn G. Anderson, City Clerk L. Landers, Mayors The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon the ordinance was declared duly passed and adopted. Council Member Lyden adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97 - 80 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 1997 SEALCOAT PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the 1997 Sealcoat project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Asphalt Surface Technologies Corp. Allied Blacktop Bituminous Roadways Bid Amount $67,500.00 $87,300.00 $90,750.00 AND WHEREAS, it appears that Asphalt Surface Technologies Corporation, is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Asphalt Surface Technologies Corporation, P. O. Box 1025, St. Cloud, Minnesota 56302, in the name of the City of Lino Lakes for the construction of the 1997 Sealcoat Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 14th day of July, 1997. i;.- John 1 1 Vdcrs. Mayor \larilvn (i Anderson. C Icrl:- I rcasurcr •. • • The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on July 14, 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97 - 81 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - THE VILLAGE, PHASE ONE, BLOCK 1, LOTS 1 & 2, STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for the construction of the Village, Phase One, Block 1, Lots 1 & 2, Street and Storm Sewer Construction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount Ryan Contracting Central Landscaping Jay Brothers Rehbein Excavating Perkins Contracting $153,893.45 $163,495.15 $168,926.71 $174,493.80 $179,749.00 AND WHEREAS, it appears that Ryan Contracting, Inc. is the lowest responsible bidder; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ryan Contracting, Inc., 8700 13th Avenue East, Shakopee, Minnesota 55379, in the name of the City of Lino Lakes for the construction of the Village, Phase One, Block 1, Lots 1 & 2, Street and Storm Sewer according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. • 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. • • Adopted by the Lino Lakes City Council this 14th day of July, 1997. A 4,4 Marilyn G. 'Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on July 14, 1997. .; /� atilyn G.iAnderson, Clerk -Treasurer