08-10-2009 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES August 10, 2009 APPROVED '22 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 123 There was no report from the Public Services Department. 124 125 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 126 6Ai. Second reading of Ordinance No. 04-09: Zoning Ordinance Amendment to Allow 127 Public, Educational, and Religious Buildings as Conditional Uses in the General Business 128 and Limited Business Zoning Districts, and Amending City Code so that Required 129 Distance for Liquor License shall not apply if School or Church is in Limited Business or 130 General Business Zoning District—City Planner Smyser reported that the council approved 131 first reading of this ordinance at the July 27, 2009 council meeting. The ordinance would 132 amend the zoning regulations for general business and limited business zoning districts to allow 133 religiou/public educational uses and in addition would amend the liquor code to exempt the 134 required distance for liquor licenses within those previously mentioned zoning districts. A 135 resolution authorizing summary publication of the ordinance is also presented for council 136 consideration. 137 The city's Economic Development Advisory Committee had submitted a letter in support of the 138 changes. The city's Planning and Zoning Board unanimously approved these amendments. 139 A council member suggested that while the concept of the change makes sense, he still has 140 concerns about this not fitting in Lino Lakes—it seems more inner city. Would it be possible to 141 amend this so that it would be for free-standing buildings only? He doesn't have a problem with 142 the specific situation involved with the former VFW building. --143 Attorney Langel responded that zoning by nature of structure isn't necessarily appropriate. The 144 larger concern is the federal law that is involved and the need to have a"compelling"reason to 145 not comply with that law. There is a high standard to meet. 146 A council member suggested that it is a good thing when a faith community expands into this 147 community. This is already an established group in the city. Also there needs to be recognition 148 that churches don't always have steeples any longer. 149 Council Member Stoltz moved to dispense with full reading of the ordinance and to approve the 150 second reading of Ordinance No. 04-09 as presented. Council Member O'Donnell seconded the 151 motion. A roll call vote was taken. Motion carried as follows: Yeas, 4 (Stoltz, O'Donnell, 152 Gallup, Bergeson); Nays, 1 (Reinert). 153 154 6Aii. Resolution No. 09-54,Approving Summary of Ordinance No. 04-09 for Publication, 155 Jeff Smyser 156 Council Member O'Donnell moved to approve Resolution No. 09-54 as presented. Council 157 Member Stoltz seconded the motion. Motion carried. 158 159 6Bi. Second reading of Ordinance No. 05-09: Amending Planned Unit Development 160 Section of Zoning Ordinance to Remove Six-Month Limit on Extensions for Submitting 161 Final Development Plan - City Planner Smyser noted that first reading of this ordinance was 162 approved by the council on July 27, 2009. The ordinance would eliminate the six-month limit 4