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HomeMy WebLinkAbout06/14/1999 Council Minutes• • • COUNCIL MINUTES JUNE 14, 1999 CITY OF LINO LAKES MINUTES DATE : June 14, 1999 TIME STARTED : 6:30 P.M. TIME ENDED : 8:08 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; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); City Engineer, John Powell; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Chief of Police, David Pecchia (part); Police Sergeant, Kent Strege and Clerk - Treasurer, Marilyn Anderson SETTING THE AGENDA Item 5D, Consideration of Behm's Century Farm 5th Addition Final Pla oved from the agenda. Item lAii, May 24, 1999, Minutes, was moved from the s A i[em 8M under Community Development on the regular agenda. Item 5K, Easement Encroachment Agree�_ _� = •� f ` e Pine Trail was added under Community Development on the r The agenda was approved CONSENT AGENIC Council Member Lyd moved to approve the amended Consent Agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM MINUTES: May 19, 1999, Council Work Session DISBURSEMENTS: May Manuals ($425,142.27) June 14, 1999 ACTION Approved Approved COUNCIL MINUTES JUNE 14, 1999 (Ck. #56120 - 56154, $531,559.99) Approved Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Mayor Sullivan stated there are now postcard type cards by the door of the City Hall for residents to complete if they have any questions on any issue for staff. Staff will contact residents with information relating to their question. Mayor Sullivan announced that the City of Lino Lakes has won the League of Cities Achievement Award for housing, economic development and community spaces for the Civic Complex. The award will be present to the City later this week at the annual League of Cities meeting. The U.S. Small Business Administration honored the Anoka Coun Partnership, and its Executive Director, Roger Jensen, with a " innovative approach to economic development, known a velopment d for its Model". Anoka County Commissioner Margaret Lan d nc hat a new Community Resource Center for citizens residing in _ • ` ounty has opened. It is located on Lexington Avenue and Radisson • R � , � � _ b `� ing where the Lexington City Hall is located. Mayor Sullivan expl Award. This award letters explaining the families of each Girl community. bers of Girl Scout Troop #283 have earned the Silver d highest award a Girl Scout can earn. Mayor Sullivan read each Girl Scout was involved in. She thanked the parents and out for their support noting that these girls are the future of the Mayor Sullivan presented a Lino Lakes pin and letter of recognition from the City to each Girl Scout. Mr. Steve Andre, 495 Ash Street, came forward and distributed an article from the Quad Press, which describes how Lino Lakes was two (2) years ago. He stated the City was very peaceful then. Now the City of Lino Lakes is like Minneapolis because of all the noise. He stated car stereos are causing unbearable noise in his part of the City and affecting his quality of life. He asked the City to consider a noise ordinance similar to those in other cities. Mayor Sullivan stated all ordinances will be reviewed when the new Comprehensive Plan is in place. She noted the current noise policy may cover this issue. Staff indicated the Nuisance Ordinance handles noise from land uses. 2 • • • COUNCIL MINUTES JUNE 14, 1999 Mayor Sullivan directed staff to investigate the possibility of a noise ordinance and discuss it with Council at a future meeting. No one else appeared for open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of a Non -Intoxicating Malt Liquor License and Cabaret License for the August Festival, St. Joseph Catholic Church, Linda Waite Smith - The August Festival is the major fund-raiser for the St. Joseph Parish. Each year a beer license and cabaret license is required for this event. There have been no reported problems with the festival. St. Joseph Catholic Church has not indicated that they will hold a dance this year. If the dance is held, security will be managed as in past years. Council Member Neal moved to approve the Beer and Cabaret Licenses for the August Festival, St. Joseph Catholic Church. Council Member Lyden seconded the moti on carried unanimously. Consideration of Renewal of On -Sale and Sunday Lig r e s =Sale Liquor Licenses and On -Sale and Off -Sale Beer Licens s a;re S - Applications for renewal of all liquor licenses, 3.2 beer licens- an _ . ce were included in the City Council packets. All application forms . �� 1 rtificates of insurance have been received and all fees have been p These licenses must be re of alcoholic beverag , 1.99, or the liquor and beer licenses lapse and the sale Council Member Ne .rn o to approve all applications for renewal of liquor, 3.2 beer and dance licenses, as pre ' nted. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of a Block Party, Green Briar & Antelope Drive, Linda Waite Smith - A block party is planned for Green Briar and Antelope Drive June 19, 1999, starting at 2:00 p.m. and ending at 10:00 p.m. Staff referred to a map, which shows the location of the party, and the property owners who have signed the petition acknowledging notification of the party. Council Member Bergeson moved to approve the application for a block party, Green Briar and Antelope Drive, with barricades for blocking the cul-de-sac provided by the Public Works Department. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 99 - 46, Amending Resolution No. 99 - 35 Designation Fund Balance for the General Fund for the Year Ended December 31, 1998 - Resolution No. 91 - 03 set standards for a reserve policy for the General Fund. In 1998, the total reserves COUNCIL MINUTES JUNE 14, 1999 surpassed the reserve policy requirements by $300,874. It was the consensus of the City Council that dollars be allocated in a way as outlined in Resolution No. 99 - 35. At that time, $27,444 was listed as unreserved and undesignated. The City Council has now decided to designate the additional $27,444 for parks and trail improvements. Council Member Bergeson noted that the Council had discussed a list of other purchases including a generator for the Lino Lakes Fire Station. He felt this was also a top priority. The excess funds would not cover the entire cost of a generator; however, it is possible the Fire District could find the additional dollars. Council Member Lyden moved to adopt Resolution No. 99 - 46, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson voting no. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 99 - 43, Amending AWAIR (Safety following changes have been proposed by the Lino Lakes Safety C Douglas Holm from Berkley Risk Services: nd Rules) - The bers and Mr. New Name: AWAIR Program - "A Workp cc 0 Material added to the program includes i 1. Bloodborne Patho 2. Confined S s 16 - 22 3. Fall Prote 3 4. Forklift 0 r r�, ety Policy - Pages 23 and 24 5. Lockout/T ;v. t ocedures - Pages 24 and 25 6. Personal P ective Equipment Policy - Pages 25 - 29 7. Documentation of Safety Related Activity - Page 30 jury Reduction". Council Member Lyden moved to adopt Resolution No. 99 - 43, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 43 can be found at the end of these minutes. Consideration of Hiring Building Maintenance Technician - Staff recommended Mr. Wayne Meyer be considered for the Building Maintenance Technician position. Mr. Meyer has 12 years experience in other building maintenance positions. The position provides for a salary of $14.50 per hour plus benefits and is eligible for membership in the 49er's Union. Mr. Meyer is available to begin work on June 29, 1999. 4 • • • COUNCIL MINUTES JUNE 14, 1999 This is a new City position specifically recreated because of the new equipment and technology required for maintaining the new civic center buildings. Council Member Lyden moved to hire Mr. Meyer as Building Maintenance Technician. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Hiring Public Works -General Maintenance Worker - Staff recommended that Mr. Robert Boldt be considered for the General Maintenance -Streets position. The position provides for a salary of $13.76 per hour plus benefits and is eligible for membership in the 49er's Union. A physical examination and drug test will be required prior to Mr. Boldt's start date. Mr. Boldt is available to begin work on June 29, 1999. Council Member Bergeson moved to hire Mr. Boldt as a General Maintenance -Street Employee subject to a satisfactory physical examination and drug test. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL PUBLIC HEARING - FIRST READING, Approve Ordin Vacation, Elm Street, Mary Kay Wyland - Mr. Dusti e es requesting an easement vacation for a portion of th ' a uti property line. asement inda LeClaire are easement on their rear The easement is currently 60.98 fe . 2 and Lot No. 3 meet. There are no utilities in this easement how • •. . d t • ainage, via a swale, to a pond north of Lots No. 4 through 10. It appe h: ortherly 20 feet of this drainage easement is not necessary and in fact is substa ��, u de .' the swale. Mr. Bremness would like to construct a small storage shed i . c n. The City Engineer h. '''eviewed the request and is recommending the vacation of the north 20 feet of Lot No. 2 and Lot No. 3, Block 1, Willow Ponds of Lino Lakes. Staff noted all requirements and setbacks could be met for a building in that location. Mayor Sullivan opened the public hearing at 7:02 p.m. There being no one in the audience to speak on this matter, Council Member Lyden moved to close the public hearing at 7:03 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Dahl moved to approve the 1~I1(ST READING of Ordinance No. 15 - 99, as presented. Council Member Bergeson seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. Motion carried unanimously. COUNCIL MINUTES JUNE 14,1999 PUBLIC HEARING - FIRST READING, Approve Ordinance No. 16 - 99, Easement Vacation, Behm's Century Farm 5th Addition, Mary Kay Wyland - Staff recommended Council open and continue the public hearing. More information regarding this issue is needed from the Rice Creek Watershed District. Mayor Sullivan opened the public hearing at 7:04 p.m. Council Member Dahl moved to continue the public hearing at the next City Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING - FIRST READING, Approve Ordinance No. 17 - 99, Easement Vacation, Oak Brook Peninsula, John Powell - Staff is requiring additional information on this matter before a recommendation can be made to Council. Staff recommended the public hearing be opened and continued. Mayor Sullivan opened the public hearing at 7:05 p.m. Council Member Bergeson moved to continue the public hearing a n. ouncil meeting. Council Member Lyden seconded the motion. Moti',, • n usly. Consideration of Behm's Century Farm 5th Ad adoption of the agenda, this item was remove 1at, ary Kay Wyland - Upon Clearwater Creek 3rd Developpen Space Management Plan, Jeff Smyser - One of the conditioC earwater Creek 3rd Addition was that the Open Space Management Plan ( b. , art of t e development contract, and that it be reviewed by and receive approv ty C ' ncil. The City uses a "boil at- `development contract and fills in the blanks for specific contracts. Staff referred to the d elopment contract, which was included in the Council packets. Starting with the "boilerplate" contract, staff made changes to include the conditions of approval and items in the draft OSMP. The changes are highlighted in boldface type. The OSMP was also included in Council packets. Mayor Sullivan asked that a copy of the OSMP be given to the Environmental Board. She expressed concern because taxpayers may be paying for some of the costs of the OSMP for Clearwater Creek, 31.d addition. She suggested that staff "shadow" what other cities are doing and also noted the DNR has an excellent program for working out development OSMP's. Mayor Sullivan proposed that the City staff put together a program including estimated costs and a list of consultants who can prepare the OSMP. The program would be given to each developer for the developer to implement. 6 COUNCIL MINUTES JUNE 14,1999 • Council Member Lyden expressed concern regarding a developer determining the parameters of what should or should not be done regarding his own OSMP. • • Mayor Sullivan stated she does not like the "weight" the City carries in this project., There are experts with the knowledge to deal with this type of plan. She agreed that the City is responsible for quality control. Mr. Hawkins did not have any legal issues with the OSMP. He noted the developer must warranty the boulevard trees for at least a year and is responsible for replacing any damaged trees within that time. Council Member Bergeson stated that when the project was approved it was decided that the City would primarily control the open space. Council Members who were in favor of that knew the City would incur some expenses and staff effort. Mayor Sullivan stated one intent of preservation development is that the cost of changes is to be borne by the developer. Conditions for approval of the project required the developer's to design the open space and initial plantings. After these items were accomplish ty would assume responsibility for the open space. The initial costs are not p _, ra by e City. Staff noted consultants will be used to develop the plan. a dve er 1 `gay the consultant services and City staff time. Mayor Sullivan felt the intent of who is r should be other people and other r tabled. Staff noted the deve open space plan has changed. There gether. She asked that the issue be ead until the plan is in place. Mr. Mike Quigley, d " • • for the project, came forward and stated the OSMP is not intended to be funded by citize He has consultants who are qualified to prepare an OSMP. Mr. Quigley also explained his need to get started on this development. Council Member Bergeson suggested any reference to the City and staff within the management plan be changed to read "City and/or Consultant". Mayor Sullivan indicated that would help. However, she felt there is no real plan behind this proposal and asked for support to table this matter for two (2) weeks to allow time to develop a better plan. Council did not support tabling this item. Council Member Bergeson moved to approve the development contract with the OSMP for Clearwater Creek 3rd Addition, with the following change: COUNCIL MINUTES JUNE 14,1999 1. Any reference to the City, City staff, or specific employee of the City within the plan be changed to City staff and/or a consultant that is acceptable. Council Member Lyden seconded the motion. Motion carried with Mayor Sullivan voting no. SECOND READING, Approve Ordinance No. 14 - 99, Rezone to PDO for Single Family Residential, Peregrine Pass, Jeff Smyser - The rezoning to PDO for single family residential is a change to the Zoning Ordinance which requires a first and second reading. The first reading of the Ordinance was held at the May 24th Council meeting and there has been no comments or proposed changes. Council Member Bergeson moved to approve the SECOND READING of Ordinance No. 14 - 99, as presented. Council Member Lyden seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. The motion carried unanimously. Ordinance No. 14 - 99 can be found at the end of these minutes. SECOND READING, Ordinance No. 13 - 99, Amend The first reading of this ordinance was held at the not comments or changes since that time. 4L ode, Jeff Smyser - hci eting. There have been Council Member Dahl moved to a `r ADING of Ordinance No. 13 - 99, as presented. Council Member ► . e motion. Council Member Be if amendment accommodates the plans for the Town Center. Staff indicatdment will accommodate the Town Center plan. Council Member Ber son voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted yea. Mayor Sullivan voted yea. The motion carried unanimously. Ordinance No. 13 - 99 can be found at the end of these minutes. Consideration of Resolution No. 99 44, Accept Bids and Award Construction Contract - 21st Avenue Lift Station, John Powell - Sealed bids were received and opened on Friday, May 21, 1999, for the 21st Avenue Lift Station and Forcemain Project. This project includes the installation of a sanitary sewer lift station and forcemain to convey sewage from the Clearwater Creek Business Center area to the existing sanitary sewer facility east of I -35E. The improvements include an oversized steel casing pipe beneath I -35E, which the Metropolitan Council will also use as part of the Centerville Interceptor project. 8 • COUNCIL MINUTES JUNE 14, 1999 The low bid was received from Burschville Construction, Inc. in the amount of $452,445.00. The City will pay for the project through special assessments to the benefiting properties, and Metropolitan Council funds through a Joint Powers Agreement for the casing across I -35E. The City's Area and Unit Charge Fund will provide interim financing. , The proposed schedule for the project is as follows: Council Awards Bid Construction Begins Completion Date - Temporary Pump/Controls Completion Date June 14, 1999 June 21, 1999 July 15, 1999 August 31, 1999 Mayor Sullivan asked that staff contact the resident who had an issue with this project. Staff was asked if the City can tie into the City of Centerville's system which is already in place. Staff indicated that cannot be done. Council Member Bergeson moved to adopt Resolution No. 99 - 44, as p Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 99 - 44 can be found at the end of these IIIConsideration of Resolution No. 99 - 45, A s t r Pla an ecifications and Authorize Advertisement for Bids -1999 Wearin Paving, John Powell - The City undertakes a paving project each y in.r' ayer of bituminous, known as the wearing course, in those deve ' e he ajority of the lots have been built on. The funding for this work is psessments to the respective subdivisions. • In addition to the str rse, the plans include trail paving utilizing Capital Outlay and Dedicated Park Fund ajority of this year's trail paving is proposed to take place along Lilac Street near Beh s Century Farm; within Wenzel Farms; and in Marshan Park. The final quantity of paving completed is dependent on bid prices as the budget for paving is fixed. Council Member Dahl moved to adopt Resolution No. 99 - 45, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 99 - 45 can be found at the end of these minutes. Consideration of Resolution No. 99 - 46, Approve Plans and Specifications and Authorize Advertisement for Bids - Construction Laborers Training Facility Utility Extension, John Powell - The Construction Laborers Training Facility is proposing to add to their current building and connect to the City's sewer and water utilities. The City utilities are located at the intersection of Main Street and the realigned Otter Lake Road. These utilities can be extended along the south side of Main Street to serve the Training Facility. COUNCIL MINUTES JUNE 14, 1999 Staff requested a quote from the Otter Lake Road contractor to complete these improvements through a Change Order to their existing contract. After reviewing the contractor's proposal, staff recommends advertising for bids in an effort to reduce the cost of the proposed improvements. Funding for the project will be though special assessments levied against the Construction Laborer's Training Facility, and the City's Area and Unit Fund. The special assessments are calculated following the Lino Lakes Public Improvement Financing Policy. The proposed schedule for the project is as follows: Council Approves Plans Bid Opening Council Awards Bid Construction Begins Substantial Completion June 14, 1999 July 9, 1999 July 12, 1999 July 19, 1999 August 6, 1999 Council asked if this is related to the delay in construction on the new 0 advised that this project is directly related to the construction on O connected to the casing pipe installation on Main Street. Council asked if the north end of the realigned Ott were approved. Staff stated the next project 1 resume and the Laborer's Training Facili Road. Staff It is also finished if this project 1 t tubs and pipes. Work can then for their connection. Council Member Bergeson sol tion No. 99 - 46, as presented. Council Member Lyden secondedotion carried unanimously. Resolution No. 99 - and at the end of these minutes. Consideration of E . ent Encroachment Agreement - The owners of the property located at 502 Lonesome Pine Trail have requested a permit for a fence to be located on the rear of their property. This area contains a storm sewer and a catch basin on an easement. This matter was discussed at the previous Council work session. Staff had reviewed the request for the fence permit and denied the permit because of the need to access the easement at a moment's notice. Several options were discussed. Council directed staff to prepare a resolution to this matter so that a fence permit could be issued. Council Member Bergeson moved to approve an Easement Encroachment Agreement at 502 Lonesome Pine Trail based on the following conditions: 1. Approval of access gates by City staff. 2. Gates are kept unlocked. 10 • • • COUNCIL MINUTES JUNE 14, 1999 3. The fence will be a chain link fence. 4. No permanent structure is placed within the easement. 5. Fence alignment with approval of City Engineer. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT, DAVE PECCHIA Resignation of Part -Time Records Clerk - Effective June 23, 1999, Adam Halverson will resign from the Lino Lakes Police Department Records Division. Staff requested the Council accept his resignation and wish him well in his future endeavors. The Police Department has begun a selection process to fill the vacancy created by this resignation with a full-time position. This position was included in the 1999 budget as a full-time position beginning July 1, 1999. Council Member Neal moved to accept Mr. Halverson's resig t Member Dahl seconded the motion. Motion carried un Consideration of Hiring Part -Time Comm Department is requesting that Melissa H She has successfully completed th Council make a job offer to June 15, 1999. Council O r (CSO) - The Police part-time CSO with the department. ation and staff is recommending that -time CSO for the Police Department effective Council expressed c�:°. - = use this is a part-time position. Staff explained that Ms. Hagert is currently a student p degree in law enforcement. This arrangement allows Ms. Hagert to pursue her degree an.: t the same time gives her the opportunity to work in a police department setting. The part-time situation is beneficial to both parties. Council Member Neal moved to approve the recommendation to offer Ms. Hagert a part-time position as CSO for the Police Department effective June 15, 1999. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Consideration of Minutes, March 19, 1997, Council Work Session (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the March 19, 1997, Council Work Session minutes, as presented. Council Member Bergeson COUNCIL MINUTES JUNE 14, 1999 seconded the motion. Motion carried with Mayor Sullivan and Council Member Dahl abstaining. Consideration of Minutes, April 3, 1997, Special Council Meeting (Mayor Sullivan & Council Member Dahl were not on Council - Council Members Neal and Bergeson were absent) - Council Member Lyden moved to approve the April 3, 1997, Special Council Meeting minutes, as presented. Council Member Lyden seconded the motion. Motion carried with Council Members Bergeson, Dahl, Neal, and Mayor Sullivan abstaining. Consideration of Minutes, April 9, 1997, Council Work Session (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the April 9, 1997, Council Work Session minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Mayor Sullivan and Council Member Dahl abstaining. Consideration of Minutes, April 23, 1997, Council Work Session (Mayor Sullivan & Council Member Dahl were not on Council - Council Member Bergeson was absent) - Council Member Neal moved to approve the April 23, 1997, Council Work Session minutes, as presented. Council Member Lyden seconded the motion. Motion carne ouncil Member Bergeson, Dahl, and Mayor Sullivan abstaining. Consideration of Minutes, May 7, 1997, Council Wor Member Dahl were not on Council) - Council M 1997, Council Work Session minutes, as pre - s to motion. Motion carried with Council M Consideration of Minutes Council Member Dahl May 12, 1997, Spec seconded the motion abstaining. ullivan & Council ve n • approve the May 7, ber Bergeson seconded the ayor Sullivan abstaining. ecial Council Meeting (Mayor Sullivan & ounci) - Council Member Neal moved to approve the eeti minutes, as presented. Council Member Bergeson ed with Council Member Dahl and Mayor Sullivan Consideration of Minutes, May 21, 1997, Council Work Session (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the May 21, 1997, Council Work Session minutes, aspresented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes, July 28, 1997, Special Council Meeting (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the July 28, 1997, Special Council Meeting minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes, August 6, 1997, Council Work Session (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the August 6, 1997, Council Work Session minutes, as presented. Council Member Bergeson 12 • • COUNCIL MINUTES JUNE 14, 1999 seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes, August 7, 1997, Budget Work Session (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the August 7, 1997, Budget Work Session minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes, August 11, 1997, Special Council Meeting (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the August 11, 1997, Special Council Meeting minutes, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes, September 2, 1997, Budget Meeting (Mayor Sullivan & Council Member Dahl were not on Council) - Council Member Neal moved to approve the September 2, 1997, Budget Meeting minutes, as presented. Council Member Berg ded the motion. Motion carried with Council Member Dahl and Mayor S _ g. Consideration of Minutes, May 24, 1999, Regular Co that on page 6 a public hearing was held on May 1 issue. or Sullivan clarified present to speak on the Mayor Sullivan moved to approve A : ". 1999, Regular Council Meeting minutes. Council Member D .: _n t o ion. Motion carried with Council Member Bergeson abstaining. COMMUNITY CA '�� OR JUNE 15 ,1999 THROUGH JUNE 28, 1999 Moving Day for Cit " all Staff except Public Works (Phones shut off at 5:00 p.m.), Thursday, June 17, 1999 Citizen's Advisory Group, Monday, June 21, 1999, 7:00 p.m. Council Work Session, Wednesday, June 23, 1999, 5:30 p.m. Coffee With the Mayor, Friday, June 25, 1999, 7:30 p.m. Regular Council Meeting, Monday, June 28, 1999, 6:30 p.m. ADJOURN • There being no further business, Council Member Bergeson moved to adjourn the meeting at 8:08 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. 13 COUNCIL MINUTES These minutes were considered and approved at the regular ouncil ci Marilyn Anterson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Kimb JUNE 14, 1999 g, June 28, 1999. Mayor • 14 • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-43 RESOLUTION AMENDING "SAFETY POLICIES AND RULES". WHEREAS, the City of Lino Lakes has established a set of rules and regulations designed to insure the safety and good health of our employees, and WHEREAS, the City of Lino Lakes has a standing Safety Committee who work with Berkley Risk Services to review and update our safety policies, and WHEREAS, the Safety Committee has reviewed, and is recommending changes be made to those policies as outline in the attached green sheet, including a title change to AWAIR — "A Workplace Accident and Injury Reduction Program", NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: That the council does hereby adopt the AWAIR Program as presented by the Safety Committee and Berkely Risk Services. Adopted by the Lino Lakes City Council this 14th day of June,199 Jean%, ger, Deputy Clerk - . urer The ' otion 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. Council Member Dahl adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 99-45 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS -1999 WEARING COURSE AND TRAIL PAVING PROJECT. WHEREAS, the City Engineer has prepared plans and specifications for 1999 Wearing Course and Trail Paving Project and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Wednesday, July 14, 1999 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, July 26, 1999 in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bon • ertified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council t Ma ' yn G. Anderson, Clerk -Treasurer • The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson. The following voted against same: none Dahl, Neal, Lyden, SullivE 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 June 14, 1999. Marilyn G. Anderson, Clerk -Treasurer • • • • Council member Lyden introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 99- 46 AMENDING RESOLUTION NO. 99-35 DESIGNATING GENERAL FUND, FUND BALANCE FOR THE YEAR ENDED DECEMBER 31, 1998 WHEREAS, fund balances need to be reserved or designated, and WHEREAS, the City Council has determined priorities to reserve and designate funds, and WHEREAS, the City Council adopted Resolution 99-35 on May 24, 1999 designating $3,383,887.00, and WHEREAS, Resolution 99-46 will amend Resolution 99-35 to include an additional designation of $27,444 for Parks and Trails Improvements. NOW THEREFORE BE IT RESOLVED, that the following reservations and designations be authorized effective December 31, 1998. Reserved for prepaid items $ 98,453 Requirements per Res # 91-03 1) Cash Flow Reserve $1,696,600 2) Compensated Absences 214,857 3) General Contingency 761.335 subtotal $2,672,792 Discretionary 1) Designated for finance computer equipment $ 29,658 2) Designated for parks playground equipment 25,824 3) Designated for road reconstruction 33,730 4) Designated for LGA/HACAfunding losses 250,000 5) Designated for Civic Center Construction 100,000 6) Designated for custodian & equipment — Civic Center 30,000 7) Designated for technology at new City Hall 51,000 8) Designated for voting machines 24,000 9) Designated for bleacher replacement 25,000 10) Designated for Mallard Lane (Partial city share) 28,000 11) Designated for Wenzel Farm trail clearing 5,000 12) Designated for improvements to old City Hall 10,430 13) Designated for park and trail improvements 27,444 Total Reserved and Designated $3,411,331 Adopted by the City Council of Lino Lakes this 14th day of June, cut/LAI, i,& . yn G. nderson, Clerk Treasurer ivan - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Lyden, Sullivan The following voted against same: none Where upon said resolution was declared duly passed and adopted: • • • IIICouncil Member Dahl • • introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 13-99 ORDINANCE AMENDING SECTIONS 701 AND 702 OF THE LINO LAKES CITY CODE REGARDING LIQUOR LICENSING WHEREAS, The City of Lino Lakes is engaged in numerous planning projects designed to promote sound growth management; and WHEREAS, The City is in the process of amending its Comprehensive Plan and official controls; and WHEREAS, a new Town Center represents a major planning project underway in the City; and WHEREAS, economic development efforts are focusing on the Town Center, the I- 35E/Main St. interchange, and several other locations of the City; and WHEREAS, restaurants, hotels, and other services are important elements of commercial development which often serve liquor and so require liquor licenses; and WHEREAS, Minnesota Statute 340A establishes a maximum number of on -sale intoxicating liquor licenses that the City can issue; and WHEREAS, it is in the best interests of the City to promote specific land uses in the appropriate areas of the City; NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS that Section 701 Liquor Licensing of the Lino Lakes City Code is amended as follows: 701.01 unchanged 701.02 License Required Subd. 1-8 unchanged Subd. 9. Licenses Reserved. Of the number of on -sale liquor licenses that the City is allowed to issue under Minnesota Statute 340A.413, three licenses shall be reserved for the following uses in the specified locations only: two shall be issued only to restaurants or hotels with restaurants in the Town Center area at Lake Drive and I - 35W; one shall be issued only to a restaurant or a hotel with a restaurant in the I -35E and Main St. business area. These areas are shown on the map in Section 701.11. These page 1 of 6 restaurants shall have facilities to serve meals at tables to the general public and have seating capacity to serve a minimum of 50 guests at one time, and at least 50% of gross revenue shall be from the serving of food and non-alcoholic beverages. The City may require a statement signed by an independent certified public accountant attesting that the establishment meets this revenue requirement. 701.03 Application for License Subdivision 1. Forms. Every application for a license to sell liquor shall state the full first, middle and last name, date of birth, representations as to the applicant's character, with such references as the council may require, citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is the owner and operator of the business, how long the applicant has been in business at that location and such other information as the council may require from time to time. In addition to containing such information, the application shall be on the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the clerk -treasurer. No person shall make a false statement in an application. Sale and consumption of intoxicating liquors on premises with an on -sale license is limited to within the building at the address designated on the license unless the license specifically grants permission for sale and consumption outside of the building. Any area outside of the building where liquor will be served, such as a patio, garden, or sidewalk area, must be described on the license, must be contiguous to the building, and must be covered by liability insurance. Any such outdoor serving area shall require a conditional use permit. Subd. 2 and 3 remain unchanged 701.04 License Fees Subdivision 1. Amounts. The annual fee for liquor licenses shall be as stated in the fee schedule adopted by the City Council. Subdivisions 2 - 4 remain unchanged 701.05 Granting of License Subdivision 1. Preliminary Investigation. On an initial application for an On -Sale License, and on application for transfer of an existing On -Sale License, the applicant shall pay, with his application, an investigation fee as established by the City Council. The city shall conduct a preliminary background and financial investigation of the applicant. The application, in such case, shall be made on a form prescribed by the Bureau of Criminal Apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made page 2 of 6 • • • • • • on a particular application for a renewal of an On -Sale License, it shall so determine. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself through the Public Safety Director or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that the issuance would not be in the public interest and safety. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed Ten Thousand ($10,000) Dollars. It shall be paid by the applicant after deducting any initial investigation fee already paid. The fees required under this section shall be payable by the applicant whether or not the license is granted. Subdivision 1.a. Inspection of Premises. The applicant shall at all times permit the health officers and representatives of the police and fire departments to inspect and examine the place of business described in the application, together with all appliances, instruments or equipment used or to be used in the conduct of the business for which the license is sought, and any refusal on the part of the applicant to permit such inspection or any false statement in the application shall be sufficient ground for the refusal to issue such license or to revoke the same after issuance thereof. Subd. 2-3 unchanged Subd. 4. Corporate License. Licenses may be issued to a partnership or a corporation. 701.06 Persons Ineligible for License. No license shall be granted to any person made ineligible for such license by state law. No more than one intoxicating liquor license shall be directly or indirectly issued within the City to any one person. 701.07 Places Ineligible for License Subd. 1. General. No license shall be issued for any place of any business ineligible for such a license under state law. Subd. 2 Delinquent Taxes and Charges. No license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the City are delinquent and unpaid. Subd. 3. Distance From School or Church. No license shall be granted within 1000 feet of any school or within 1000 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business. For the purposes of the separation restriction in this subdivision, a school is a building that is principally used as a place where twenty-five (25) or more persons receive a full course of educational instruction and the educational instruction is provided on a daily page 3 of 6 basis by an established school board or church. This does not include any post -secondary or post -high school educational building, including any college or any vocational - technical college. Nor does the separation apply to a daycare or early childhood facility, where children typically are under constant supervision while at the facility and when traveling to and from the facility. The establishment of a school or church within the separation distance after an original liquor license application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. 701.08, 701.09, 701.10 remain unchanged page 4 of 6 • 701.11 map defining Town Center area and I -35E commercial area for reserved licenses. TOWN CENTER CO/TER • MARSHAN LAKE I -35E COMMERCIAL AREA page 5 702. Beer Licensing • 702.06 Persons Ineligible for License. No license shall be granted to or held by any person who: (1) Is under 21 years of age. 702.08 Conditions of License Subd. 1 unchanged Subd. 2. Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. Adopted by the Lino Lakes City Coun ATTEST: Ma yn G. Alderson, Clerk/Treasurer •' s y of „I -lane, 1999 112. gvhvan, Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof Bergeson, Dahl, Neal, Lyden, Sullivan The following voted against same: same Whereupon said ordinance was declared passed and adopted. page 6 of 6 • • • Council Member Berge son introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 14-99 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R, RURAL TO PDO, PLANNED DEVELOPMENT OVERLAY FOR SINGLE FAMILY RESIDENTIAL 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 R, Rural to PDO, Planned Development Overlay for single family residential pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The South 792 feet and the West 408 feet of the Southwest '/4 of the Southwest '/4 of Section 27, Township 31 North, Range 22 West, Anoka County, Minnesota 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 Lino Lakes City Co 917ESI: a a 1 --- Marilyn G Anderson, Clerk/Treasurer S !ivan, Mayor , 199 9 The motion for adoption of the foregoing ordinance 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 ordinance was declared passed and adopted.