HomeMy WebLinkAbout06/14/1999 Council Minutes•
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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:
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IIICouncil Member Dahl
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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
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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
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701.11 map defining Town Center area and I -35E commercial area for reserved
licenses.
TOWN CENTER
CO/TER
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MARSHAN LAKE
I -35E COMMERCIAL AREA
page 5
702. Beer Licensing
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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
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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:
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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
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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
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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.