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HomeMy WebLinkAbout04/26/1999 Council Minutes• • COUNCIL MINUTES APRIL 26, 1999 CITY OF LINO LAKES MINUTES DATE April 26, 1999 TIME STARTED : 6:32 P.M. TIME ENDED : 10:31 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; City Attorney, Bill Hawkins; Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); Chief of Police, Dave Pecchia; City Clerk -Treasurer, Marilyn Anderson SETTING THE AGENDA Mayor Sullivan removed Item 6K, Consideration of Conditio Company, for Nine (9) Advertising Signs (I -35E). The amended agenda was approved as presented. CONSENT AGENDA Mayor Sullivan removed Item1 ii, Aen1 12 1999 Regular Council Meeting Minutes. Mayor Sullivan mov em = .ril 26, 1999, Disbursements, to Item 8A, New Business. emit, Eller Media Council Memb Member Neal s ITEM MINUTES: April 7, 1999, Council Work Session DISBURSEMENTS: Centennial Fire District ved to approve the amended Consent Agenda as presented. Council 'notion. Motion carried unanimously. ACTION Approved Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. COUNCIL MINUTES APRIL 26, 1999 OPEN MIKE Mayor Sullivan congratulated Mr. Marty Asleson, Environmental and Forestry Coordinator, for a great Earth Day celebration. Those in attendance included 10 Scout Troops, Friends of the Parks, Mr. John VonDeLinde, Anoka County Parks Director and Council Member Bergeson. All four (4) cities involved did a great job in organizing the event. Mayor Sullivan stated three (3) residents of Lino Lakes will be honored as community hero's next week. Those honored will be John and Connie Bauman and Council Member Neal. Recognize Dave Pecchia for Outstanding Job as Acting City Administrator - Mayor Sullivan stated the City wants to recognize Chief Pecchia's work last year as Interim City Administrator. He took on a big challenge and kept the City organized as well as maintaining the most professional Police Department in the state. Chief Pecchia did a great job leading an investigation into the City's financial affairs in a very professional mann also able to manage the very scarce resources of the City. Mayor Sullivan presented Chief Pecchia with a plaque and thanked.h ri`"for all'I is hard work and everything he has done for the City of Lino Lakes. Chief Pecchia thanked the City on behalf of all the employees who helped and the citizens who were very patient. He also thanked his family, the supervisors at the Police Department, and the three (3) other Directors who helped him wh 1le he was dating as City Administrator. Council Member Lyden added that the recognition for Chief Pecchia may be late but well deserved. He stated the true character and``depth of a person is revealed under tough circumstances. Chief Pecchia cared the ball through tough times in Lino Lakes. He answered the call. He stated Chi P cchia is' ourage, character, honesty, and integrity. He thanked Chief Pecchia. Council Member moved to recognize Friday, April 30, 1999, as Dave Pecchia Day for all his hard work as-nterim City Administrator. Council Member Neal seconded the motion. Motion carried unanimously. Rice Creek Regional Park Reserve Comprehensive Update, John VonDeLinde - Mr. VonDeLinde presented an overview of the master plan to update the Regional Park Reserve. He asked for Council endorsement of the plan. The state has appropriated $1.5 million in funding for the reconstruction of the park. The guide used in the planning process for the park included public meetings, City and County staff, and a survey from the Metropolitan Council. Issues that arose during the planning process included the identification of parcels on the north/east portion of the park which contain interesting ecological aspects. These parcels are currently under consideration for purchase by the County. 2 • • • COUNCIL MINUTES APRIL 26, 1999 Phase I of the project will include reconstruction of the main park roads and parking lot, a new boat launch, group and family picnic shelters, a play area at the beach, bike trails, and campground improvements. As required by law, 80% of the park must remain open space. Maps of the proposed park reconstruction were presented. The master plan for the park will be reviewed by the County Board on May 13, 1999. The plan goes before the Metropolitan Council in June or August of 1999. The plans for phase I will be released in September, 1999, with construction beginning at that time. The architectural program will begin in December, 1999, or January, 2000. Mayor Sullivan noted one of the goals of the City is to tie the City's greenways to the park trails for better use by residents. Council Member Bergeson added the park is a great asset to the community al ough at times the park causes a problem at the local level because so much City land is in e asked that the County work with City staff to resolve the following issues: 1. Flooding in the Rice Creek Chain relating to emerenc 2. East/west trail corridor relating to the absence of culverts which affect water quality and water flow. 3. Future utility easement. 4. Aqua Lane maintei 5. Reshanau Mr. VonDeLin City Council. he will work with City staff regarding these issues and respond to the Other issues rais° relating to the Regional Park included law enforcement within the park, fire safety, water quality, bullheads in the beach area, chemicals used on the golf course and snowmobile trails. Mr. VonDeLinde explained the County has several mechanisms for the patrol of the trails including Park Rangers. The County uses the Centennial Fire District for any fire issues. Mr. VonDeLinde will investigate the use of the Fire Department and inform the Council regarding that discussion. Mr. VonDeLinde noted the Rice Creek Watershed District is taking steps to improve the water quality and clarity in Centerville Lake. He will speak to the DNR about the bullhead problems. He added there are snowmobile trails within the park. The fate of snowmobilers rests ee with the Council. 3 COUNCIL MINUTES APRIL 26,1999 Mr. VonDeLinde also stated that a new process is being used regarding the use of chemicals on the golf course. Mr. John Roloff, 96 Willow Ponds, came forward and stated there is a concern for everyone in the community regarding senior citizen and handicapped transportation. Metro Mobility is a real asset for travel in Minneapolis and St. Paul, however, there is a real problem in the community regarding pick up and drop off sites for the Traveler. Mr. Roloff asked the Council to take the lead and provide better transportation for those that need it. He asked the Council to write a letter regarding this issue and he will deliver it to the County Commissioners. The State does provide funds for transportation. However, the County does not. He asked that the Council look at this situation and try to resolve it. Council directed staff to draft a letter to go the County regarding travel service No one else appeared for open mike. PUBLIC SERVICES DEPARTMENT REPORT, RICK DE Consideration of Resolution No. 99 31, Adding Land to the Rice' Creek Park Reserve, Brian Wessel - Anoka County would like to purchase "133.2 acres of wetland that has been declared surplus land by the St. Paul Water Utility. Most of this land is already within the official master plan boundaries of the Park`Reserve, with 11 acres directly adjacent to the Park Reserve. Because this land is not d Anoka County Resole r, will help ensure the w to the Blue Hei protected. elopab it is reasonable to allow an exception to the March 26, 1974 tes the County will not take additional City property. This eas, which provide diverse natural habitat and an ecological buffer will be under the jurisdiction of the County Park Reserve and remain Council Member Bergeson moved to adopt Resolution No. 99 - 31, as presented, with the condition that the County make a good faith effort to address the issues relating to the Regional Park. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 31 can be found at the end of these minutes. Consideration of Resolution No. 99 - 28, Accepting a Donation from the Lino Lakes Lions Club for Kite Day, Linda Waite Smith - The Lino Lakes Parks and Recreation Department will be holding its fourth Kite Day event on Saturday, June 5, 1999, at Rice Lake Elementary School. In previous years the kits were donated to the Lino Lakes Parks and Recreation Department by a vendor. Unfortunately, the City was unable to get the donation this year. The Lino Lakes Lions Club, as a program sponsor, has donated $300 to help defer the cost of this event. 4 • • • COUNCIL MINUTES APRIL 26,1999 • Council Member Neal moved to adopt Resolution No. 99 - 28, as presented. Council Member • Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 28 can be found at the end of these minutes. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of Resolution No. 99 - 33, Authorizing Execution of an Option Agreement between City and Blaine American Legion for the Police Department Building Site on Lake Drive, Bill Hawkins - The Blaine American Legion is interested in obtaining the site where the Lino Lakes Police Department was located until its recent move. The Legion would like to ensure the site is not purchased by another buyer. An option agreement has been prepared. It includes language that allows ; he ouncil to negotiate the sale price using a value established by an appraisal firm. It also containsa clause requiring a non-refundable deposit of $385.00 to cover legal expenses. Council Member Neal pointed out that the appraisal for the lar next to the current Police Department. He suggested the option. the City Attorney's fees for only one acre of the. After further discussion, Council Merril $100.00 payment option to cover the the motion. Motion carried udes=the entire four (4) acres reernent amount should reflect uilding. iveadopt Resolution No. 99 - 33, with a the City Attorney. Mayor Sullivan seconded Resolution No. 993n f• at the end of these minutes. Consideratio Reiling Develo City previously which is part of tipn No. 99 - 32, Conveying Property from County to City in at Hodgson Road/Lake Drive Interchange, Bill Hawkins - The ed resolution conveying to the EDA, Lot 17 in Auditor's Subdivision 151, area that the County turned back to the City in the Reiling Development area. That resolution did not specifically describe the property or include the certificate of title number. The Examiner of Titles Office has requested that the City adopt a resolution containing that information. Council Member Lyden moved to adopt Resolution No. 99 - 32, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 99 -32 can be found at the end of these minutes. Consideration of a Request from the Lino Lakes Lions for an Exemption from Lawful Gambling License, Linda Waite-_ Smith - The Lino Lakes Lions Club is requesting an COUNCIL MINUTES APRIL 26, 1999 exemption to hold a raffle at a fundraising spaghetti dinner being held at Rice Lake Elementary School on May 6, 1999. The event is being held for a Lino Lakes resident who has cancer. Staff was told that the Lino Lakes Lions Club will be selling beer at this event. Council directed staff to contact the Lino Lakes Lions Club and determine if a beer license is needed. Council Member Neal moved to approve the request from the Lino Lakes Lions for an exemption from lawful gambling license, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 1998 Annual Police Department Report, Sergeant Steve Mortenson - Sergeant Mortenson presented the 1998 Annual Police Report and Building Department Report. SECOND READING, Ordinance No. 07 - 99, Consideration Lakes City Code by Adopting a Tobacco Ordinance - They tobacco ordinance took place on April 12, 1999. ddition to the Lino DING of the proposed Since there have been no comments about or corrections to this oposed ordinance following the FIRST READING, Sergeant Kent Strege recomfnended Council approve the SECOND READING of this ordinance. Council Member Dahl moved to approve the SECOND READING of Ordinance No. 07 - 99, as presented. Council Member,; Nea Council Member Ber Lyden voted y Coun,yMember Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 07 - 99 can be found at the end of these minutes. Mayor Sullivan called for a short recess. Mayor Sullivan called the meeting back to order at 8:32 p.m. COMMUNITY DEVELOPMENT DEPARTMENT REPORT sondedthe motion. oted yes. Council Member Dahl voted yes. Council Member Consideration of Minor Subdivision for XXX Sherman Lake Road, Lot 6, Block 3, Pheasant Hills Preserve 6th Addition, Mary Kay Wyland - This request involves a request to split an existing 100' wide vacant lot on Sherman Lake Road in half and add the newly created 50' parcels to each of the adjoining properties. The purpose of the subdivision is so the adjoining property owners can keep the property as open land. 6 COUNCIL MINUTES APRIL 26, 1999 • The Planning and Zoning Board recommended approval of the minor subdivision on a 6-0 vote • • with conditions. Council Member Lyden moved to approve minor subdivision based on the following conditions: 1. Parcel A is legally combined with Lot 5, Block 6, Pheasant Hills Preserve 6th Addition. 2. Parcel B is legally combined with Lot 1, Block 2, Pheasant Hills Preserve 4th Addition. 3. Outstanding assessments are paid on the parcel prior to recording of the subdivision (the purchase price does include these assessments). Council Member Neal seconded the motion. Motion carried unanim Consideration of Amended Conditional Use Permit and Site PIan Review for Circle -Lex VFW Post 6583, 7868 Lake Drive, Mary Kay Wyland - Thire- FW at 7868 Lake Drive is requesting an Amended Conditional Use P • it and Site Plan" ` eview to allow a 10,400 square foot addition to their existing 2,240 square "foot'facility The Planning and Zoning Board recommended approval of the conditional use permit and site plan review on a 6-0 vote with co • •tion;, Mr. Jack Sanford, representative I e VFW Club, came forward and noted that originally the VFW Club had expr . a • f m"`ce[= egarding the requirement to replace the roof on the existing building to match the • ` struc`on so that the building will be the same all around. Although Fez a portion of the x fisting ® f was replaced last year after the storms, it will be replaced to match the new buildi Mr. Sanford quea• ned the "green" parking area. Staff explained "green" parking is a way to provide additional parking without additional asphalt. The new process is part of the environmental effort within the City. The "green" parking area should not require any additional maintenance. If it does not work properly, the area can be paved at a later date. The "green" parking area allows water to run off and soak into the ground before it reaches the ponding area. The VFW Club plans to begin construction sometime in May. The construction should be completed in six (6) months. Sanitary sewer is needed for this site, however, the site is not currently in the MUSA area. The new Comp Plan does include this area in the MUSA. If construction is completed after the new Comp Plan is adopted by the City Council, the site will automatically be included in MUSA. However, if construction is completed before the new Comp Plan is adopted, a MUSA exchange COUNCIL MINUTES APRIL 26, 1999 will be required. The VFW Club could move some MUSA to this site from their property on Lilac Street with a Comp Plan amendment. Council Member Neal moved to approve the amended conditional use permit and site plan review based on the following conditions: 1. Proper building permits are obtained including an escrow deposit consisting of 1% of the construction cost to insure completion of all site improvements. 2. The parking area is redesigned to meet setback requirements of the Ordinance and the number of paved spaces reduced to 85. The applicant and architect shall pursue a "green" overflow parking area on the east side of the parking lot. This design will be subject to the review and approval of the City Forester and City Engineer. The access drive along Lake Drive must be 20' in width. 3. The parking area and south/west comer of the parking lot where tt abuts residential property shall be surrounded with concrete curb and gutter surfaced v Luminous excepting the approved "green" parking area. 4. The roof on the existing building shall be replac+ atch the new construction. 5. Trash handling area shall be enclosed and screened from the street right-of-way and adjoining properties. 6. An enhanced landscape plain shill be reviewed and approved by the City Forester. Sumac plantings shall be rerm ved'from the area surrounding the exit doors and replaced with an appropriate p ant ng s) as determined by the City Forester. Additional landscaping will beprovide along Lois Lane and at the southwest corner of the parking area w abbe two (2) single family homes. 7. Perm al be obtained from the Rice Creek Watershed District for drainage improvern nts. 8. The City Engineer shall approve all final grading, drainage and utility plans. 9. Access permits to Lake Drive shall be obtained from Anoka County and limited to one at 79th Street. 10. Lighting plans shall be reviewed by staff prior to installation. 11. Permits shall be required for all signage. 12. An additional 10' of ROW shall be dedicated to the County for Lake Drive. 13. MUSA Designation for this parcel shall be resolved prior to the utility connection. 8 • • COUNCIL MINUTES APRIL 26, 1999 14. The existing accessory building shall be removed. 15 VFW will provide fencing acceptable to the adjoining property owners on Lois Lane. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Conditional Use Permit, Site Plan Review and Variance for Body Works Gym, K. & D. McDonald, Mary Kay Wyland - This request requires a conditional use permit to allow a 50% expansion of an existing pole barn, a variance to the front setback requirement, and a site plan review for the proposed construction located at 790 Lois Lane. The Planning and Zoning Board recommended approval of the conditional use permit, variance from the front setback requirement and site plan review on a 6-0 vote based on conditions. The issue regarding the building being too close to the road was raise the building will be too close to the road whether or not the impr building. ed out that to the It was noted that the Environmental Board recommended the trail from Lois Lane to Lino Park be recognized. Mr. McDonald, 790 Lois Lane, came faard=anal state e has no intention of blocking the trail. The trail is indicated by a sign and mar` Council Member Dahl move d to approve conditional use permit, variance and site plan review based on the followi ermits are obtained prior to construction and 1% of the total deposited to insure completion of site improvements. 2. A van ce is granted for a maximum of 13.5' to allow a front setback of 16.5' for the proposed addition. 3. The east and north elevations are re -sided with a vinyl material. 4. The single car garage is relocated to the rear of the existing building within the setback requirements of the ordinance (30' setback from Della Lane). 5. Trash handling area is screened from all adjoining properties. 6. The parking area is surfaced with a material approved by the City Engineer, this surface shall not be concrete or bituminous. 7. Additional landscaping shall be provided to aid in the delineation of the parking area. 9 COUNCIL MINUTES APRIL 26, 1999 8. Grading and utility plans are subject to the review and approval of the City Engineer. 9. The applicant shall be required to keep the site in good repair at all times as determined by City staff. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 09 - 99, Consideration of Fogerty Investment, 524 Apollo Drive, Rezone from GB, General Business, to PDO/Light Industrial, Brian Wessel (4/5 Vote Required) - The Council voted to rezone the site to PDO for light industrial uses on April 12, 1999. No changes to this proposal have been received. Staff recommended approval of the SECOND READING of the rezone to PD Staff noted the clinic will not be relocating their driveway. The driveway tl1 be shoved slightly to the north creating a single access to their site. Council Member Bergeson moved to approve the SECOND READNGfOrdinance No. 09 - 99, as presented. Council Member Neal seconded the motto Council Member Bergeson voted yes. Council Member,Dahl voted yes. Council Member Lyden voted no. Council Member Neal voted yes May©r Sullivan voted yes. Motion carried with Council ethler Lyden voting no. Ordinance No. 09 - 9 Vie°fot at the end of these minutes. SECOND RE Rezone from Resolution No. Required) - The dinance No. 08 - 99, Consideration of Clearwater Creek Phase III, ral Executive to PDO/Single Family. Consideration of 34 or Comprehensive Plan Amendment, Brian Wessel (4/5 Vote *ouncil approved Clearwater Creek Phase III on April 12, 1999 including the FIRST READING of Ordinance No. 08 - 99. Since no changes have been proposed to the Ordinance, staff recommended approval of the SECOND READING of Ordinance No. 08 - 99. Council Member Bergeson moved to approve Resolution No. 99 - 34 to amend the existing Comprehensive Plan for the southeast 40 acres of this site. The MUSA allocation would become effective only at the time of final plat approval. Council Member Lyden seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. 10 • COUNCIL MINUTES APRIL 26, 1999 Council Member Lyden moved to approve Ordinance No. 08 - 99 amending the Zoning Ordinance to rezone the entire 163± acres to Planned Development Overlay for single family residential use. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 08 - 99 and Resolution No. 99 - 34 can be found at the end of these minutes. SECOND READING, Ordinance No. 05 - 99, Vacation of Roadway Easement, Clearwater Creek Phase III, Mary Kay Wyland (4/5 Vote Required) - The Council approved the FIRST READING of Ordinance No. 05 - 99 at the April 12, 1999, meeting. No changes; to this ordinance have been proposed . Staff recommended approval of the SECOND READING of Council Member Dahl moved to approve the SECOND DI `IG of Ordinance No. 05 - 99, as presented. Council Member Bergeson seconded the motro • Council Member Bergeson voted yes.Member voted yes. Council Member Lyden voted yes. Council Member eal.voted yes. Mayor Sullivan voted yes. • Motion carried unanimously Ordinance No. 05 - 99 fo « t the end of these minutes. FIRST READ G dinance No. 11- 99, Amending Zoning Ordinance Pertaining to Private Clubs . a d dL.o s ges, Brian Wessel (4/5 Vote Required) - This draft ordinance adds private clubs an• .dges as a conditional use to the General Business (GB) and Central Business (CB) zoning districts. The proposed conditions are copied directly from the conditions for clubs/lodges currently listed in the LB district. Staff recommended approval of the FIRST READING of Ordinance No. 11 - 99. Council asked the City Attorney to comment regarding safeguards the City may have relating to a specific undesired site brought into the City that meets all criteria. Mr. Hawkins advised the new liquor ordinance will address those issues. Council Member Dahl moved to approve the FIRST READING of Ordinance No. 11 - 99, as presented. Council Member Lyden seconded the motion. COUNCIL MINUTES APRIL 26,1999 Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. JADT, XXX Lake Drive (at Apollo Extended), Rezone to PDO, Preliminary Plat, Site Plan Review, Conditional Use Permit for McDonald's Restaurant, Brian Wessel - The City has received an application from JADT Development Group for a PDO, a site plan review for a McDonald's, and a CUP for a drive-through at the McDonald's. Mr. Wessel reviewed the plan in detail along with the architectural design of the proposed building noting its retro style. The public hearing on this project was held on April 14, 1999. The Planning and Zoning Board approved the rezone to PDO, preliminary plan/plat, site plan, and CUP for drive ough based on conditions. Mr. Dick Engstrom, a representative for McDonald's, present cdd th sign of he proposed project. He stated they cannot financially commit to a play plate a s time. The design of the project does allow for a play place to be added later. : He not there is agreement regarding the conditions of approval. He expressed concern reiarding;the number of parking spots if a play place is added. Through much discussion, Council expressed; concern regarding signage, trail installation, park dedication, parking, the private road, and the design issue. A' Staff indicated the si i 4fl' high. Mr. Engstrom added the sign will not be seen from the -McDonald's will apply to MnDOT for a freeway sign. freeway. If the projec Mr. Powell adail would be constructed along Lake Drive during the Lake Drive upgrade. Discussions with the County have indicated only turn lanes are required with this project. When improvements to I-35 are made the trail will be an issue. Park dedication will be required as this is a subdivision of property. Staff advised the parking has been carefully reviewed and is adequate for the project. Parcel three (3) of the property will be reviewed by the Council when the developer brings the projects for that parcel forward. Mr. Powell noted the flexibility of the PDO allows for a private road in this project. It is appropriate in this case. Council Member Bergeson suggested a discussion be held regarding tree saving and the height of signs. 12 COUNCIL MINUTES APRIL 26, 1999 • Mr. Engstrom stated they hope to have the building plans in three (3) weeks. The schedule calls for ground breaking in June, 1999. The restaurant will open in August or September, 1999. • • Mr. Baylor, Developer for the project, added that bids are currently out for utilities and the building. He noted the project is very costly because of the depth of the utilities. Staff recommended the following conditions of approval for PDO Plan/Plat, Site Plan, and Conditional Use Permit: 1. All development except the Phase I McDonald's shall comply with the design standards in the report. Phase I shall comply with the approved site plan and any conditions of approval. 2. The access driveway onto Apollo Drive shall be a right -in only. 3. East side access drive shall meet the private road at a rigangland the drive lane will be straightened. 4. Eliminate the five (5) stalls on the front of the building and + to an outdoor area for seating unless or until a playland is built. 5. Create two (2) landscaped islands in the parking lot, one at each end of the double row of stalls. A tree shall be saved ui the`:front eland if possible. 6. The landscaping pt 7. Proper bui, construction co,,, Prior t • • ce for com _.. • �...:,. viewed for approval by the City Forester. ust be obtained prior to any construction and 1% of the st be 't in escrow to insure completion of all site improvements. building permits, building plans must be reviewed by the City CSO -OPTED recommendations. 8. A ligh g plan must be submitted and obtain approval by the CSO for compliance with CPTED recommendations. 9. Any signage shall be reviewed for approval by the Town Center Committee. 10. All permits required by the Rice Creek Watershed District shall be obtained prior to any site grading. 11. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District. 12. The building design, architectural standards, and signage including the McDonald's site are subject to review and approval by the Town Center Committee. COUNCIL MINUTES APRIL 26, 1999 13. All necessary permits must be obtained from Anoka County and MnDOT. Mayor Sullivan moved to adopt the FIRST READING of Ordinance No. 11 - 99 rezoning to PDO based on findings in the report. Council Member Lyden seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Mayor Sullivan moved to approve PDO development plan/plat based on the above conditions. Council Member Dahl seconded the motion. Motion carried unanimously. Mayor Sullivan moved to approve site plan for McDonald's based on the abo e conditions and on final review of the majority of the Town Center Committee considers itectural guidelines of the Town Center and their approval. Council MemberLyde econded the motion. Mayor Sullivan clarified her motion noting the guidelines for tie T wri Center state they should have unity and that should be considered. She stated she is asking tf e Town Center Committee to re -review the project's facade and upon their approval the pro.iect may go forward. Motion carried unanimously. Mayor Sullivan moved to approve a coriditional; use permit based on findings in the report and the above conditions. Council Member Lyden Seconded the motion. Motion carried unanimously. Consideration of Co diti al U Permit, Eller Media Company, for Nine (9) Advertising Signs (I-35E),g adoption K s\V land - U on of the agenda, this item was deleted. Y P Consideration ' eso'1ution No. 99 - 29, Contract Award, Lake Drive Trunk Utilities Phase 2, John Powell -The Council approved the plans and specification for this project on February 22, 1999. Sealed bids were received and opened on Tuesday, March 23, 1999, for the Lake Drive Trunk Utility -Phase 2 Project. The low bid in the amount of $1,991,329.71 was received from S. J. Louis Construction, Inc. Funding for the project will be through special assessments levied against benefiting properties as property owners connect to the utility system and the City's Area and Unit Fund. The proposed schedule for the project is as follows: Council Awards Bid Construction Begins Utility Construction Complete All Construction Complete 14 April 26, 1999 June 15, 1999 September 1, 1999 November 1, 1999 • • • COUNCIL MINUTES APRIL 26, 1999 Staff recommended Council adopt Resolution No. 99 - 29. The issue regarding overage was raised. Mr. Hawkins advised the company has to perform the work for the price that was bid. Overages occur when additional work is requested and completed. Council Member Lyden moved to adopt Resolution No. 99 - 29, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 99 - 29 can be found at the end of these minutes. Consideration of Resolution No. 99 - 30, State Aid Road Designations, John Powell - Cities who qualify for participation in the Municipal State Aid System (MSAS) are allowed to designate roadways to the system based on the amount of improved road Sys within the City. Each year cites are allowed to revise their MSAS by adding or revoking SAS mrl age. Staff recommended the following revision to the Lino Lakes Muria Aid System: Revoke the non -existing I -35W south frontage road, designated as segment 101, from Elm Street to Lake Drive. The length of this segment rs 1.08 miles. With the construction of the Centennial Schol# rrnprovements, the construction of a roadway along the alignment as shown on the MSA maPgls;u likely. Add Fourth Avenue between 1V1a Street°and Pine Street. This proposed segment length is .98 miles. Council Member Ber Member Dahl oved40 adopt Resolution No. 99 - 30, as presented. Council motion. Motion carried unanimously. Resolution No.'s - 30 can be found at the end of these minutes. OLD BUSINESS - None NEW BUSINESS Consideration of Expenditures, April 26, 1999, Linda Waite Smith - The amount listed for Circle Pines Gas Service is incorrect and Ms. Waite Smith asked that this expenditure be removed. She indicated she will correct the mistake and bring a corrected expenditure statement back to Council for approval. Council Member Bergeson moved to approve the April 26, 1999, Expenditures, as amended. Council Member Lyden seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR APRIL 27, 1999 THROUGH MAY 10, 1999 15 COUNCIL MINUTES APRIL 26, 1999 Environmental Board Meeting, Wednesday, April 28, 1999, 6:30 p.m. Town Center Committee Meeting, Thursday, April 29, 1999, 6:00 p.m. City Recycle Day, Saturday, May 1, 1999, 9:00 a.m. to 3:00 p.m. Tree Pick Up Day, Saturday, May 1, 1999 Park Board Meeting, Monday, May 3, 1999, 6:30 p.m. Council Work Session, Tuesday, May 4, 1999, 5:30 p.m. Town Center Meeting, Thursday, May 6, 1999, 6:00 p.m. Regular Council Meeting, Monday, May 10, 1999, 6:30 p.m. ADJOURN There being no further business, Mayor Sullivan adjourn h'` eetirtg at 10:31 p.m. These minutes were considered and approved at the regular Council ► eeting, May 10, 1999. I 1 tit!LL&4 •iirRivan, Mayor vM Jeanger, Deputy Transcribed by Kim Points TimeSaver 0 ecreetarial, Inc. 16 • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-30 RESOLUTION APPROVING REVISIONS TO LINO LAKES MUNICIPAL STATE AID SYSTEM WHEREAS, Department of Transportation State Aid for Local Transportation Division State Aid Operation Rules Chapter 8820 allows cities to designate routes as Municipal State Aid, and WHEREAS, the segments recommended to e added to the Lino Lakes Municipal State Aid System are projected to carry a relatively heavier traffic volume or connect points of major traffic interests within Lino Lakes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That non -existing I -35W south frontage road between Elm Street and Lake Drive is hereby revoked as a Municipal State Aid street segment. The length of this segment is 1.08 miles. 2. That existing Fourth Avenue from Main Street to Pine Street be designated as Municipal State Aid. The length of this segment is 0.98 miles. Adopted by the Lino Lakes City Council this 26th atA-06411977, Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. 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 April 26, 1999. Marilyn G. Anderson, Clerk -Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-29 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT —LAKE DRIVE TRUNK UTILITY -PHASE 2 IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the Lake Drive Trunk Utility -Phase 2 Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company S. J. Louis Construction, Inc. S. R. Weidema, Inc. Northdale Consturction Richard Knutson, Inc. Barbarossa and Sons Arcon Construction Kenko, Inc. Bid Amount $ 1,991,329.71 $ 2,063,076.92 $ 2,098,412.34 $ 2,189,173.90 $ 2,204,061.88 $ 2,308,296.09 $ 2,335,617.37 Engineer's Estimate $ 2,259,723.00 AND WHEREAS, it appears that S. J. Louis, 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 S. J. Louis, Inc., in the name of the City of Lino Lakes for the construction of the Lake Drive Trunk Utility -Phase 2 Improvements 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 26th itilyn G. Anderson, Clerk -Treasurer dy, 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: The following voted against same: Bergeson, Dahl, Lyden, Neal, Sullivan. 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 April 26, 1999. Marilyn G. Anderson, Clerk -Treasurer • • Council Member Dahl adoption: introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 05-99 AN ORDINANCE VACATING A ROADWAY EASEMENT DESCRIBED IN DOCUMENT NO. 717509 AND RECORDED WITH ANOKA COUNTY(plat drawing attached) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: That it is in the best interest of the City and the property owner to vacate the previously recorded roadway easement to make way for the platting of Clearwater Creek 3rd Addition. II That the legal description of said roadway easement is described as follows: (insert) III That the City held a Public Hearing before the City Council continued from March 22, 1999 to April 12, 1999 after due published and posted notice had been given on March 2nd, 1999 and March 9th, 1999 and all persons interested were given an opportunity to be heard. IV 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 ATTEST: • Marllyn G. Anderson, Clerk/Treasurer 's 26th day of April, 1999. ORDINANCE NO. 05 - 99 Page -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. • �worrerzwenasbtasomom Council Member Neal introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 99-33 A RESOLUTION AUTHORIZING EXECUTION OF AN OPTION AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE BLAINE AMERICAN LEGION WHEREAS, the city is the legal owner of certain real property in the County of Anoka, State of Minnesota, specifically, Lot 15, Block 2, Carole's Estates 2nd Addition; and WHEREAS, the city is vacating this property and anticipates it eventual sale; and WHEREAS, the Blaine American Legion is interested in purchasing the property if outstanding issues can be resolved. NOW THEREFORE, BE IT RESOLVED, that the Mayor and City Administrator are authorized to execute an option agreement between the City of Lino Lakes and the Blaine American Legion for Lot 15, Block 2, Carole's 2nd Addition, Anoka County, State of Minnesota. Adopted by the Lino Lakes City Council this 26 hd f) . Viger, Deputy Cle The motion for adoption of the foregoing resolution was duly seconded by �l Mayor sullivaignd upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. • • • • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 99-34 RESOLUTION AMENDING THE CITY OF LINO LAKES COMPREHENSIVE LAND USE PLAN TO PROVIDE METROPOLITAN URBAN SERVICE DESIGNATION (MUSA) AND SINGLE FAMILY RESIDENTIAL DESIGNATION FOR THE SOUTH/EAST CORNER OF THE CLEARWATER CREEK 3RD ADDITION WHEREAS, a Planned Development Overlay Preservation Development has been approved by the Council of the City of Lino Lakes for the Clearwater Creek 3rd Addition, and WHEREAS, the third phase of the Clearwater Creek 3rd Addition does not currently have MUSA designation assigned to the acreage in the south/east corner of that development nor is it identified as single family residential, and WHEREAS, the City's Draft Comprehensive Plan does indicated this area of Clearwater Creek 3rd Addition as a future MUSA, single family area but that Draft Plan has not been approved by the Council, and WHEREAS, a public hearing was held on March 10, 1999 by the Planning and Zoning Board concerning said Comprehensive Plan Amendment, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Lino Lakes hereby approves the submittal of a Comprehensive Plan Amendment to the Metropolitan Council in order to secure MUSA, single family residential, designation for the south/east corner of Clearwater Creek 3rd Addition in a timely manner to serve that development, and BE IT FURTHER RESOLVED, the submittal of a Comprehensive Plan Amendment for MUSA, single family residential designation for this south/east corner of the Clearwater Creek 3rd Addition shall occur only if the present Draft Comprehensive Plan Amendment is delayed by the City and constructio : this 3rd phase of Clearwater Creek 3rd Addition is imminent. Adopted by the Lino Lakes City Co ATTEST: M46A4. Sq-41,(AJeA, a1i1 n G. Anderson, Clerk -Treasurer f April, 1999 livan, Mayor RESOLUTION NO. 99 - 34 Page -2- The motion for the 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, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. • • • • Council Member Lyden adoption: introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 08-99 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM GB, RURAL AND RURAL -EXECUTIVE TO A PDO, PLANNED DEVLOPMENT OVERLAY FOR PRESERVATION DEVEOPMENT (Clearwater Creek 3rd Addition) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by rezoning from Rural and Rural Executive to PDO, Planned Development Overlay for a Preservation Development known as Clearwater Creek 3rd Addition pursuant to the provisions of the Zoning Ordinance of the City of Lino lakes, the following described real estate: (see attached legal descriptions) II As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. III 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 'ty 111 o L W's 26th day of April, 1999. . - y V ' + ivan, ayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer ORDINANCE NO. 08 - 99 Page -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. • • • Council Member Lyden introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 1999- 32 RESOLUTION CONVEYING PROPERTY WHEREAS, the County of Anoka has turned back certain property to the City of Lino Lakes which includes property legally described as Lot 17, Auditor's Subdivision No. 151, Anoka County, Minnesota, shown on Certificate of Title No. 15189; and WHEREAS, the City of Lino Lakes desires to convey the property to the Lino Lakes Economic Development Authority for the purpose of economic development in the City. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Lino Lakes shall convey to the Lino Lakes Economic Development Authority, a body corporate and politic, the following described property: Lot 17, Auditor's Subdivision No. 151, Anoka County, Minnesota, shown on Certificate of Title No. 15189. 2. That the Mayor and Clerk are authorized to execute any and all documents necessary to affect this conveyance. ADOPTED by the Council this ATTEST: Zilyn G. Anderson, City Clerk J i / The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION OF RESOLUTION NO. 99-32 STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF LINO LAKES) I, the undersigned, being the duly qualified Deputy Clerk of the City of Lino Lakes, Minnesota, do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. 99-32 with the original thereof on file in my office, and the same is in a full, true and complete copy insofar as the same relates to: CONVEYING PROPERTY IN THE REILING DEVELOPMENT AREA Witness my hand as said Deputy Clerk and the Corporate Seal of the City this 29th day of April, 1999. kj Jean , 41 . Viger, Deputy Cer (SEAL) 1189 Main Sheet • Lino Lakes, Minnesota • 55014 ol.r...,,trrr (.71 1r4 Cr(.'1 . c,v• (71 1(1 1Cr.R • • • • • Council Member adoption. Neal introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 99-28 A RESOLUTION ACCEPTING DONATION FROM THE LINO LAKES LIONS CLUB WHEREAS, the Lino Lakes Lions Club supports the Lino Lakes Parks and Recreation Department and: WHEREAS, the Lino Lakes Parks and Recreation Department is holding its fourth Kite Day on June 5, 1999; and WHEREAS, the event is free to the families of Lino Lakes; and WHEREAS, the Lino Lakes Lions Club was made aware of the event and the desire of the Lino Lakes Parks and Recreation Department to conduct Kite Day with the support of a program sponsor and has donated $300.00 to the City to defer the cost of this event. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, the Council accepts the Lino Lakes Lions Club donation of $300.00 to help finance Kite Day and wishes to express its sincere gratitude and appreciation to the Lino Lakes Lions Club for its donation. Adopted by the Lino Lakes City Council this 26th day of April, 199 • ly • ` .11ivan The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following against same: none . Whereupon said resolution was declared duly passed and adopted. sw/rick/Resolution 99-28 Kite Day Donation.doc Member Bergeson introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 99-31 ADDING LAND TO THE RICE CREEK CHAIN OF LAKES REGIONAL PARK RESERVE WHEREAS, The Anoka County Board of Commissioners passed a resolution on March 26, 1974 approving the acquisition of land for the regional park, and WHEREAS, The resolution noted that no further park or open space commitment should be required by the City of Lino Lakes, and WHEREAS, The County would like to purchase 133.2 acres of wetland declared surplus by the St. Paul Water Utility to incorporate into the regional park, and WHEREAS, the acquisition of this land does not adversely impact the City of Lino Lakes and will benefit the regional park reserve; NOW THEREFORE BE IT RESOLVED, that the City Council hereby the policy that no further park or open space should be requ e i by the Dated: April 26, 1999 A it EST: Jean iger, Deputy Clerk ses an exception to f Lino Lakes. rly A. Sullivan, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. • • • • • • Council Member introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 07-99 AN ORDINANCE AMENDING THE CITY CODE BY DELETING CHAPTER 602, CIGARETTES, AND REPLACING IT WITH AN ORDINANCE INTENDED TO REGULATE THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES The City of Lino Lakes, Anoka County, Minnesota hereby ordains as follows: The City Code of the City of Lino Lakes, Chapter 602 is hereby repealed and replaced as follows: 602. Regulating the Sale, Possession, and use of Tobacco Products and Tobacco Related Devices 602.01 Purpose: Because the City of Lino Lakes recognizes that many people under the age of 18 purchase or otherwise obtain, possess and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State and Federal laws; and because smoking has been shown to be the cause of several serious health problems which place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Statute 144.391. 602.02 Definitions and Interpretations: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted defmitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice -versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1 Tobacco or Tobacco Products: Any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready - rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Subd. 2 Tobacco Related Devices: Any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. Subd. 3 Self Service Merchandising: Open displays of tobacco, tobacco products or tobacco related devices in any manner where any person shall have access to those items without the assistance or intervention of the licensee or the licensee's employees. The assistance or intervention shall entail the actual physical exchange of the item(s) between the customer or the licensee or employee. Subd. 4 Vending Machine: Any device which dispenses tobacco, tobacco products, or tobacco related devices upon insertion of money, tokens, or other form of payment directly into the device by the person seeking to purchase the tobacco, tobacco product, or tobacco related devices. Subd. 5 Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Subd. 6 Loosies: The common term used to refer to a single individually packaged cigarette. Subd. 7 Minor: Any natural person who has not yet reached the age of eighteen (18) years of age. Subd. 8 Retail Establishment: Any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Subd. 9 Moveable Place of Business: Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10 Sale: Any transfer of goods for money, trade, barter, or other consideration. Subd. 11 Compliance Checks: The system the City of Lino Lakes uses to investigate and ensure that those authorized to sell tobacco, tobacco products, or tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. • • • • 602.03 License: Subd. 1 Application: An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city of Lino Lakes. The completed application is to be returned to the city of Lino Lakes at which time the application will be forwarded to the Police Department for background checks. If the application is deemed incomplete it shall be returned to the applicant with a notice of the missing data. No incomplete applications will be reviewed. The completed application will be forwarded to the city council for review and action. If the city council denies the application a notice of the denial shall be given to the applicant as well as a notice of the applicant's right to appeal the decision. Subd. 2 Term: All licenses approved under this ordinance are valid until midnight December 31st of each year. Subd. 3 Revocation or Suspension: Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. Subd. 4 Transfers: All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Subd. 5 Moveable Place of Business: No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 6 Display: All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd. 7 Renewals: Renewals of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days, but no more than sixty (60) days before the expiration of the current license. 602.04 Fees: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. 602.05 Basis for Denial of License: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section: (Note: The following is not an exclusive nor an exhaustive • list.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or product related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. 602.06 Prohibited Sales: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance (see "Vending Machines") C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as defined in this ordinance. E. By any other means, to any other person, in any manner or form prohibited by Federal, State, or other local law, ordinance provision or other regulation. 602.07 Vending Machines: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. 602.08 Self -Service Sales: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco products, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products and tobacco related devices shall either be stored behind a counter or other area not freely accessible to the general public. • • • 602.09 Responsibility: All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city of Lino Lakes from also subjecting the clerk to whatever penalties are appropriate under this ordinance, State or Federal Law, or other applicable law or regulation. • 602.10 Compliance Checks and Inspections: All licensed premises shall be open to inspection by the Lino Lakes Police Department or other authorized city official during regular business hours. From time to time, but at least once per year the city shall conduct compliance checks by engaging, with written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minors used in compliance checks shall attempt to use false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in his section shall prohibit compliance checks authorized by State or Federal Laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 602.11 Other Illegal Acts: Illegal Sales: It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Illegal Possession: It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Illegal Use: It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Illegal Procurement: It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Use of False Identification: It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 602.12 Violations: Notice: Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the violator of his or her rights to be heard on the accusation. Hearings: If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Hearing Officer: The city council shall serve as the hearing officer. (The city council may appoint an independent hearing officer). Decision: If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Appeals: Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City of Lino Lakes. Misdemeanor Prosecution: Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Continued Violation: Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 602.13 Penalties: Subd. 1 Minors: Any person under the age of 18 who attempts to purchase tobacco, tobacco products, or tobacco related devices may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. • • • • • C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed $100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Subd. 2 Individuals: Any person who purchases or provides tobacco, tobacco products, or tobacco related devices for a person under the age of 18 may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed $100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Subd. 3 Licensees: Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be subject to the following administrative penalties: A. First Violation: The city council may impose a civil penalty not to exceed $500 and/or a suspension of the license for a period of ten (10) days. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $750 and/or s suspension of the license for a period of thirty (30) days. C. Third Violation within 24 Months: The city council may impose a civil penalty not to exceed $1,000 and/or suspension of the license for a period of one (1) year. 602.14 Exceptions and Defenses: Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 602.15 Severability and Savings Clause: If any section of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. 602.16 Summary: It is the intent of this ordinance to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the city of Lino Lakes and to reduce the illegal sale , possession, and use of such items to and by minors. 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 26th day of April, 1999. Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • •