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HomeMy WebLinkAbout05/10/1999 Council PacketAGENDA AMENDED AGENDA CITY OF LINO LAKES Monday May 10, 1999 6:30 P.M. Call to Order and Roll Call Setting the Agenda: Are there any items to be added or deleted from the Agenda? 1. Consent Agenda A) 14 Consideration of Minutes .#6 i. April 21, 1999, Council. Work Session (Removed for discussion ,✓ at May 19, 1999 Work Sessions) ii. April 26, 1999, Regular Council Meeting April 12, 1999, Regular Council Meeting March 3, 1999, Council Work Session v. May 6, 1998, Council Work Session vi. January 21, 1998, Council Work Session vii. January 7, 1998, Council Work Session viii. March 22, 1999, Regular Council Minutes B) Consideration of Expenditures: i) May 10, 1999 ($450,042.70, Ck. # 55875 - 55972) ii) April Manuals ($456,090.07) iii) Centennial Fire District C) Amend Lease with Centennial School District for Early Childhood Center, Linda Waite Smith Iv. Page 1 AGENDA D) Authorize Refund of Centennial School District Assessment Overpayment 2. Open Mike 3. Administration Department Report, Dan Tesch A. General Fund for the Year Ended 31 December 1998 4. Public Safety Department Report, Dave Pecchia onsideratio on o 5. Public Services Department Report, Rick DeGardner 6. Community Development Department Report, Brian Wessel A. .. Interim MUSA Rezone to PDO and Preservation Development Preliminary Plat for Peregrine Pass, SMA Construction, Steve Arndorfer, 6462 12th Avenue, Jeff Smyser (4/5 Vote Required) B. SECOND READING, Ordinance No. 11 -99, Amending Zoning Ordinance Pertaining to Private Clubs and Lodges, Jeff Smyser (4/5 Vote Required) C. PUBLIC HEARING, FIRST READING, Ordinance No. 13 -99, Amending City Code, Section 700, Pertaining to Liquor Licenses & Fees & Resolution No. 99- 38,Jeff Smyser D. SECOND READING, Ordinance No. 12 -99, JADT, XXX Lake Drive (at Apollo Extended), Approve Rezone to PDO, Preliminary Plat, Site Plan Review, Conditional Use Permit for McDonalds Restaurant, Jeff Smyser (4/5 Vote Required) E. Consideration of Resolution No. 99 -36, Lake Drive Trunk Utility Improvement Easement Payment, John Powell F. Consideration of Resolution No. 99 -37, Initiative of Vicky Lane Feasibility Study for Sanitary Sewer & Water Service, John Powell 7. Old Business 8. New Business A. March 2, 1999, Special Council Meeting (Neal Absent) Page 2 AGENDA B. November 14, 1998, Special Council Meeting (Lyden Absent) C. September 9, 1998, Council Work Session (Neal Absent) D. August 6, 1998, Council Budget Work Session (Lyden, Neal Absent) E. April 8, 1999, Council Work Session (Bergeson, Lyden Absent) F. April 19, 1999, Board of Review Meeting (Lyden Absent) G. July 23, 1997, Council Work Session (Mayor Sullivan & Council Member Dahl were not on Council) H. July 30, 1998, Special Council Meeting (Neal Absent) 9. Community Calendar, May 11, 1999 through May 24, 1999: A. May 12, 1999, Wednesday, 6:30 p.m., Planning & Zoning Board Meeting B. May 17, 1999, Monday, 7:00 p.m., CAG Meeting C. May 18, 1999, Tuesday, 7:00 p.m., Friends of the Park Meeting, Parks & Recreation Bldg. D. May 18, 1999, Tuesday, 6:30 p.m., Environmental Focus Group Meeting E. May 19, 1999, Wednesday, 5:30 p.m., Council Work Session F. May 21, 1999, Friday, 7:30 a.m. to 9:30 a.m., Coffee with the Mayor G. May 24, 1999, Monday, 6:30 p.m., Regular Council Meeting 10. Adjourn May. 7, 1999, 3:00 p.m. Page 3 MANUAL EXPENDITURES April -1999 ADMINISTRATION MUNICI -PALS $ 58.00 ROCHESTER CONVENTION/VISITORS BUREAU $ 86.34 CARBONE PIZZA $ 57.58 BUILDING MUNICI -PALS CIVIC COMPLEX CHICAGO TITLE ED VAUGHAN $ 14.50 $ 331,273.23 $ 120,000.00 COMMUNITY DEVELOPMENT ROCHESTER CONVENTION/VISITORS BUREAU $ 86.34 FEDERAL RESERVE BANK $ 75.00 COMPUTER PURCHASE FRANCIS, LYNN $ 3,276.00 ENGINEERING MUNICI -PALS $ 14.50 MAYOR/COUNCIL ROCHESTER CONVENTION/VISITORS BUREAU $ 345.32 PARK & REC GRENIER, BOB $ 101.25 PLANNING /ZONING MINICI -PALS $ 29.00 GOVERNMENT TRAINING SERVICE $ 99.00 FEDERAL RESERVE BANK $ 75.00 POLICE MUNICI -PALS $ 58.00 SOLID WASTE SAUNDERS FOODS $ 169.56 UTILITIES CIRCLE PINES POSTMASTER $ 271.45 $ 456,090.07 EXPENDITURES MAY 10, 1999 Date: 05/05/1999 Time: 06:28:28 Operator: JAL Ranges: Options: Page: 1 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount O GRAF, PAULA & PAUL 0 HEALTH PARTNERS O MEDICA O TIMESAVER OFF -SITE REIMS ELECTRICAL PERMIT * * * * * * ** HEALTH INSURANCE * * * * * * ** HEALTH INSURANCE * * * * * * ** Total for Dept ** SEC APRIL 26 MAYOR /CO Total for Dept 401 O A T & T WIRELESS SERVI O D.C.A. INC. 0 ECM PUBLISHERS, INC O EXPRESS MESSENGER, INC O HEALTH PARTNERS O ICMA /PRODUCT FULFILLME O MEDICA O MINNESOTA DEPT OF ECON 0 OFFICEMAX, INC. O UNITED WISCONSIN INSUR O UNIVERSITY OF MINNESOT MONTHLY SERVICE MARCH FLEXIBLE SPENDING ASSESSMENT NOTICE DELIVERY SERVICE HEALTH INSURANCE RECORDS MANAGEMENT MANUA HEALTH INSURANCE UNEMPLOYMENT TAX OFFICE SUPPLIES LONG TERM DISABILITY REGISTRATION /J VIGER Total for Dept 402 ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST O ALPHA VIDEO AND AUDIO, LAPEL MIC CABLE Total for Dept 404 O UNITED WISCONSIN INSUR LONG TERM DISABILITY FINANCE Total for Dept 407 44.50 1,857.52 1,980.67 3,882.69* 760.50 760.50* 27.02 210.60 23.98 14.47 1,502.74 51.00 350.00 4,632.00 166.82 61.02 330.00 7,369.65* 201.05 201.05* 13.74 13.74* 0 WILLIAM G. HAWKINS & A LEGAL FEES LEGAL CO 17,039.50 Total for Dept 414 17,039.50* O A T & T WIRELESS SERVI MONTHLY SERVICE ECONOMIC O HEALTH PARTNERS HEALTH INSURANCE ECONOMIC O SMYSER, JEFF MEALS /LODGING /SHUTTLE /PH ECONOMIC O UNITED WISCONSIN INSUR LONG TERM DISABILITY ECONOMIC O WESSEL, BRIAN PARKING /MEALS /BOOK ECONOMIC Total for Dept 415 27.02 207.62 855.62 27.44 288.54 1,406.24* Date: 05/05/1999 Time: 06:28:28 Operator: JAL Page: 2 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description O HLB TAUTGES REDPATH, L SET -UP PERMITWORKS O MEDICA HEALTH INSURANCE O TIMESAVER OFF -SITE SEC APRIL 12 O UNITED WISCONSIN INSUR LONG TERM DISABILITY Total for Dept 416 O A T & T WIRELESS SERVI MONTHLY SERVICE O T.K.D.A. COMP WATER /SEWER PLAN O UNITED WISCONSIN INSUR LONG TERM DISABILITY Total for Dept 417 O ANOKA COUNTY O ASSOCIATION OF TRAININ 0 BIG BEAR CAR WASH, INC O C. P. OFFICE PRODUCTS O FAIRVIEW LAKES REGIONA 0 HEALTH PARTNERS O LIGHTNING PRINTING, IN O MEDICA O MITCHELL, TODD O NORTHEAST MEDICAL CLIN O PHOTO WORLD O SHRED -IT, INC. O THANE HAWKINS POLAR CH O UNITED WISCONSIN INSUR O US WEST COMMUNICATIONS 1ST HALF TAXES TRAINER COURSE CAR WASH VIEWBINDER BOOK DRUG TESTING HEALTH INSURANCE PRINTING SERVICE HEALTH INSURANCE PURCHASE /UPGRADE RCIM LI OFFICE VISIT /IMMUNIZATIO PHOTO PROCESSING DESTROY CONFIDENTIAL MAT SIREN BATTERIES LONG TERM DISABILITY FAX Total for Dept 420 O HEALTH PARTNERS HEALTH INSURANCE 0 UNITED WISCONSIN INSUR LONG TERM DISABILITY Total for Dept 421 O HEALTH PARTNERS HEALTH INSURANCE O HLB TAUTGES REDPATH, L SET -UP PERMITWORKS O INTNL CONF OF BUILDING ANNUAL DUES /P KLUEGEL O SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS O UNITED WISCONSIN INSUR LONG TERM DISABILITY Total for Dept 422 O A T & T WIRELESS SERVI O H & L MESABI, INC. O HEALTH PARTNERS O MEDICA O MINNESOTA DEPT OF ECON O UNITED WISCONSIN INSUR 0 VIKING SAFETY PRODUCTS MONTHLY SERVICE CUTTING EDGE BLADE HEALTH INSURANCE HEALTH INSURANCE UNEMPLOYMENT TAX LONG TERM DISABILITY GLOVES /BANDAGES Total for Dept 430 O BOYER TRUCKS, INC. CORE O BRAD RAGAN, INC. RIM WHEEL CHANGE Dept PLANNING PLANNING PLANNING PLANNING ENGINEER ENGINEER ENGINEER POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE Amount BUILDING BUILDING BUILDING BUILDING BUILDING STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET 45.00 289.61 295.50 22.39 652.50* 24.89 28,822.45 3.74 28,851.08* 16.00 495.00 7.99 16.78 104.00 3,542.86 250.97 2,518.05 211.00 116.00 35.95 59.94 316.84 230.19 3.60 7,925.17* 472.56 13.74 486.30* 350.00 45.00 85.00 931.50 27.63 1,439.13* 26.13 305.66 597.62 289.61 261.98 50.21 94.37 1,625.58* 102.79 930.20 Date: 05/05/1999 Time: 06:28:28 Operator: JAL Page: 3 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O GILLUND ENTERPRISES, I CLEANER FLEET O KING EQUIPMENT, INC. REPAIR SWEEPER FLEET O MENARDS, INC. SHOP TROUBLE LIGHT BULB FLEET 0 SAFELITE AUTOGLASS COR WINDSHIELD FLEET O SAFETY KLEEN CORPORATI SHOP PARTS CLEANER FLEET O UNITED SUPPLY CORPORAT SUPPLIES FLEET O UNITED WISCONSIN INSUR LONG TERM DISABILITY FLEET O WINNICK SUPPLY, INC. SUPPLIES FOR STREET REPA FLEET Total for Dept 431 O ANCHOR PAPER COMPANY, PAPER GOVERNME O ANOKA COUNTY 1ST HALF TAXES GOVERNME O CIRCLE PINES, CITY OF NATURAL GAS SERVICE /CHIL GOVERNME 0 NARDINI FIRE EQUIPMENT SENIOR STOVE EXTINGUISHE GOVERNME 0 SCHUSTER, DALE BOILER MAINTENANCE GOVERNME 0 UPPER MIDWEST SALES CO JANITORIAL SUPPLIES GOVERNME Total for Dept 432 O A T & T WIRELESS SERVI O ANOKA COUNTY O BRYAN ROCK PRODUCTS, I O BURSACK, ELIZABETH O CENTURY FENCE COMPANY, O CIRCLE PINES, CITY OF O CORPORATE EXPRESS O HEALTH PARTNERS O MEDICA O MTI DISTIBUTING, INC. 0 NATURE CALLS, INC. O NORTH STAR TURF SUPPLY O SIEGEL DISPLAY PRODUCT O TOTAL TOOL SUPPLY, INC O UNITED WISCONSIN INSUR O US WEST COMMUNICATIONS 0 VIKING SAFETY PRODUCTS MONTHLY SERVICE 1ST HALF TAXES RED BALL DIAMOND AGG POTS /MILEAGE REPLACE FENCE /SUNRISE FI MONTHLY SERVICE CORRECTION TAPE HEALTH INSURANCE HEALTH INSURANCE SPRINKLER /PVC PRIMER & C RENTAL UNITS /SERVICE TURF MIXTURE BACK LOAD GANG BOX LONG TERM DISABILITY MONTHLY SERVICE GLOVES /BANDAGES Total for Dept 450 PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS 0 A T & T WIRELESS SERVI MONTHLY SERVICE RECREATI 0 ALL STAR SPORTS, INC. BALLS /BAGS /TEES /CAPS /SHI RECREATI 0 CORPORATE EXPRESS CORRECTION TAPE RECREATI O HEALTH PARTNERS HEALTH INSURANCE RECREATI O SIEGEL DISPLAY PRODUCT BACK LOAD RECREATI O UNITED WISCONSIN INSUR LONG TERM DISABILITY RECREATI Total for Dept 451 O A T & T WIRELESS SERVI MONTHLY SERVICE O HEALTH PARTNERS HEALTH INSURANCE O UNITED WISCONSIN INSUR LONG TERM DISABILITY Total for Dept 461 ENVIRONM ENVIRONM ENVIRONM 90.02 99.13 19.01 558.06 218.86 164.54 9.59 72.95 2,265.15* 403.74 424.04 5,152.07 68.65 240.00 507.69 6,796.19* 27.02 142.49 5,156.79 38.13 2,163.00 145.14 16.69 1,560.00 289.61 245.31 349.63 152.21 126.52 389.26 64.86 116.37 94.36 11,077.39* 25.86 355.95 7.96 597.62 126.52 15.57 1,129.48* 41.79 175.00 7.19 223.98* Date: 05/05/1999 Time: 06:28:28 Operator: JAL Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O SAFETY KLEEN CORPORATI RECYCLE USED OIL Total for Dept 462 O BARNETT, JAY AND 0 HEALTH PARTNERS O UNITED WISCONSIN JANE REIMBURSE TREE REMOVAL HEALTH INSURANCE INSUR LONG TERM DISABILITY Total for Dept 463 O COTRONEO, MOLLY O DANIELSON, KIM O HANDLEY, JILL 0 KARMANN, JENNIFER O MYHRER, MARY JO O PANEK, JANIE O PEIRSON, HOLLY REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC Total for Dept ** SOLID WA FORESTRY FORESTRY FORESTRY 50.00 50.00* 168.00 175.00 7.19 350.19* 72.00 24.00 36.00 30.00 24.00 26.00 26.00 238.00* 0 ALL STAR SPORTS, INC. BALLS /BAGS /TEES /CAPS /SHI ADULT SP 1,167.00 O MRPA SOFTBALL REGISTRATION ADULT SP 2,068.00 0 URICH, MARK REIMBURSE PROGRAM REC ADULT SP 200.00 Total for Dept 202 3,435.00* O BURSACK, ELIZABETH POTS /MILEAGE Total for Dept 205 SPECIAL 168.22 168.22* O ALL STAR SPORTS, INC. BALLS /BAGS /TEES /CAPS /SHI YOUTH IN 2,417.91 O SIGNATURE SPORTSWEAR T- SHIRTS /POLO SHIRTS YOUTH IN 774.00 Total for Dept 207 3,191.91* O UNITED WISCONSIN INSUR LONG TERM DISABILITY Total for Dept 499 OTHER O GUYER'S BUILDERS EXPRE APPLIANCES /LLPD POLICE O MN. DEPARTMENT OF SAFE TITLE /CROWN VICTORIA POLICE O PETTY CASH MEALS /POSTAGE /COMPUTER S POLICE 0 SUPERIOR FORD, INC. '99 FORD CROWN VICTORIA POLICE Total for Dept 420 0 CENTURY FENCE COMPANY, FENCING /CITY HALL PARK Total for Dept ** O BRAUER & ASSOCIATES, L ATHLETIC COMPLEX Total for Dept 499 O CENTENNIAL SCHOOLS REIMBURSE OVERPAID ASSES * * * * * * ** 223,523.26 O T.K.D.A. LILAC STREET OTHER 10,276.33 * * * * * * ** OTHER 4.49 4.49* 1,304.57 9.00 290.63 20,851.00 22,455.20* 6,271.00 6,271.00* 5,196.16 5,196.16* Total for Dept ** 223,523.26* Total for Dept 499 10,276.33* Date: 05/05/1999 Time 06:28:29 Operator: JAL Page: 5 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 E. G. RUD & SONS, INC. CONDEMNATION PHEASANT HI OTHER 4,263.20 0 PATCHIN MESSNER APPRAI SERVICES OUTLOT /PHEASANT OTHER 5,387.80 O PETERSON, JOHN R. COMMISSIONER SERVICE OTHER 450.00 Total for Dept 499 10,101.00* O ARNT CONSTRUCTION POLICE ACCESS TO MARSHAN OTHER 4,658.25 O SIGNS BY NORTHLAND, IN CIVIC CENTER SIGNAGE OTHER 9,334.50 0 SOUND SYSTEMS, INC. EQUIPMENT /INSTALLATION OTHER 13,394.05 Total for Dept 499 27,386.80* 0 WILLIAM G. HAWKINS & A LEGAL FEES OTHER 2,235.20 Total for Dept 499 2,235.20* O ANOKA COUNTY 1ST HALF TAXES OTHER 806.48 O EVERGREEN LAND SERVICE RIGHT -OF -WAY OTHER 550.00 O REHBEIN, INC. LIQUID CLEANOUT /AMOCO CO OTHER 17,590.00 O SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICE /LAK OTHER 11,189.65 Total for Dept 499 30,136.13* O A T & T WIRELESS SERVI MONTHLY SERVICE WATER 92.75 O ABLE HOSE AND RUBBER, ADAPTER & PIPE FLANGE WATER 165.16 0 ANOKA COUNTY 1ST HALF TAXES WATER 372.09 0 BEST ACCESS SYSTEMS OF PADLOCK FOR LIFT STATION WATER 43.39 O BLAINE, CITY OF QUARTERLY UTILITY CHARGE WATER 407.00 O DNR, DEPARTMENT OF NAT PERMIT #856168 WATER 882.43 O HEALTH PARTNERS HEALTH INSURANCE WATER 207.62 O MARUDAS, INC. UTILITY MAILERS WATER 2,347.77 O NORTHERN STATES POWER, MONTHLY SERVICE/ 6774 BL WATER 360.96 0 T.K.D.A. ENGINEERING SERVICE WATER 2,138.27 O UNITED WISCONSIN INSUR LONG TERM DISABILITY WATER 15.95 Total for Dept 494 7,033.39* 0 BEST ACCESS SYSTEMS OF PADLOCK FOR LIFT STATION SEWER 43.39 O BLAINE, CITY OF QUARTERLY UTILITY CHARGE SEWER 1,341.00 O MARUDAS, INC. UTILITY MAILERS SEWER 2,347.76 O UNITED WISCONSIN INSUR LONG TERM DISABILITY SEWER 15.31 Total for Dept 495 3,747.46* O EXPRESS MESSENGER, INC DELIVERY SERVICE * * * * * * ** O T.K.D.A. BEHM'S CENTURY FARM 4TH * * * * * * ** O WILLIAM G. HAWKINS & A LEGAL FEES * * * * * * ** Total for Dept ** 39.08 789.76 268.80 1,097.64* Grand Total 450,042.70* Date: 05/05/1999 Time: 06:30:03 Ranges: CITY OF LINO LAKES FM Entry - Invoice Journal Vendor #: (A) Invoice #: (A) Entry Journal #: (A) Trans #: (A) Line #: (A) Due Date: (R) 05101999 - 05101999 Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000080 ABLE HOSE AND RUBBER, INC. 1 165.16 165.16 .00 .00 000110 A T & T WIRELESS SERVICE 1 292.48 292.48 .00 .00 000158 ALL STAR SPORTS, INC. 1 3,940.86 3,940.86 .00 .00 000161 ALPHA VIDEO AND AUDIO, INC. 1 201.05 201.05 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 403.74 403.74 .00 .00 000420 ANOKA COUNTY 1 1,761.10 1,761.10 .00 .00 000500 ASSOCIATION OF TRAINING OFFICERS MN 1 495.00 495.00 .00 .00 000581 BARNETT, JAY AND JANE 1 168.00 168.00 .00 .00 000680 BEST ACCESS SYSTEMS OF MINNESOTA, I 1 86.78 86.78 .00 .00 000703 BIG BEAR CAR WASH, INC. 1 7.99 7.99 .00 .00 000720 BLAINE, CITY OF 1 1,748.00 1,748.00 .00 .00 000770 BOYER TRUCKS, INC. 1 102.79 102.79 .00 .00 000780 BRAD RAGAN, INC. 1 930.20 930.20 .00 .00 000810 BRAUER & ASSOCIATES, LTD. 1 5,196.16 5,196.16 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 5,156.79 5,156.79 .00 .00 000922 BURSACK, ELIZABETH 1 206.35 206.35 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 19,543.50 19,543.50 .00 .00 000946 C. P. OFFICE PRODUCTS 1 16.78 16.78 .00 .00 001050 CENTENNIAL SCHOOLS 1 223,523.26 223,523.26 .00 .00 001070 CENTURY FENCE COMPANY, INC. 2 8,434.00 8,434.00 .00 .00 001110 CIRCLE PINES, CITY OF 2 5,297.21 5,297.21 .00 .00 001260 D.C.A. INC. 1 210.60 210.60 .00 .00 • Date: 05/05/1999 Time: 06:30:04 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 001286 DANIELSON, KIM 1 24.00 24.00 .00 .00 001294 DNR, DEPARTMENT OF NATURAL RESOURCE 1 882.43 882.43 .00 .00 001350 E. G. RUD & SONS, INC. 2 4,263.20 4,263.20 .00 .00 001390 ECM PUBLISHERS, INC 1 23.98 23.98 .00 .00 001435 EVERGREEN LAND SERVICES, INC. 2 550.00 550.00 .00 .00 001450 EXPRESS MESSENGER, INC. 1 53.55 53.55 .00 .00 001473 FAIRVIEW LAKES REGIONAL HEALTH CARE 1 104.00 104.00 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 90.02 90.02 .00 .00 001706 GRAF, PAULA & PAUL 1 44.50 44.50 .00 .00 001765 GUYER'S BUILDERS EXPRESS 1 1,304.57 1,304.57 .00 .00 001768 H & L MESABI, INC. 1 305.66 305.66 .00 .00 001812 HANDLEY, JILL 1 36.00 36.00 .00 .00 001825 HEALTH PARTNERS 1 11,246.16 11,246.16 .00 .00 001935 ICMA /PRODUCT FULFILLMENT CENTER 1 51.00 51.00 .00 .00 001956 INTNL CONF OF BUILDING OFFICIALS 1 85.00 85.00 .00 .00 002112 KARMANN, JENNIFER 1 30.00 30.00 .00 .00 002145 KING EQUIPMENT, INC. 1 99.13 99.13 .00 .00 002296 COTRONEO, MOLLY 1 72.00 72.00 .00 .00 002340 LIGHTNING PRINTING, INC. 1 250.97 250.97 .00 .00 002485 MARUDAS, INC. 1 4,695.53 4,695.53 .00 .00 002540 MEDICA 1 5,717.55 5,717.55 .00 .00 002550 MENARDS, INC. 1 19.01 19.01 .00 .00 002770 MINNESOTA DEPT OF ECONOMIC SECURITY 1 4,893.98 4,893.98 .00 .00 002900 MN. DEPARTMENT OF SAFETY 1 9.00 9.00 .00 .00 002994 MITCHELL, TODD 1 211.00 211.00 .00 .00 003050 MRPA 1 2,068.00 2,068.00 .00 .00 003070 MTI DISTIBUTING, INC. 1 245.31 245.31 .00 .00 Date: 05/05/1999 Time: 06:30:06 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 003076 MYHRER, MARY JO 1 24.00 24.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 68.65 68.65 .00 .00 003123 NATURE CALLS, INC. 1 349.63 349.63 .00 .00 003220 NORTH STAR TURF SUPPLY, INC. 1 152.21 152.21 .00 .00 003250 NORTHERN STATES POWER, INC. 1 360.96 360.96 .00 .00 003281 NORTHEAST MEDICAL CLINIC 1 116.00 116.00 .00 .00 003390 OFFICEMAX, INC. 1 166.82 166.82 .00 .00 003458 PANEK, JANIE 1 26.00 26.00 .00 .00 003492 PETTY CASH 1 290.63 290.63 .00 .00 003500 PHOTO WORLD 1 35.95 35.95 .00 .00 003554 PEIRSON, HOLLY 1 26.00 26.00 .00 .00 003752 REHBEIN, INC. 3 17,590.00 17,590.00 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 3 11,189.65 11,189.65 .00 .00 003882 SHRED -IT, INC. 1 59.94 59.94 .00 .00 003885 SIEGEL DISPLAY PRODUCTS 2 253.04 253.04 .00 .00 003890 SAFELITE AUTOGLASS CORPORATION 2 558.06 558.06 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 2 268.86 268.86 .00 .00 004008 SIGNATURE SPORTSWEAR 1 774.00 774.00 .00 .00 004010 SIGNS BY NORTHLAND, INC. 1 9,334.50 9,334.50 .00 .00 004059 SMYSER, JEFF 1 855.62 855.62 .00 .00 004065 SOUND SYSTEMS, INC. 1 13,394.05 13,394.05 .00 .00 004251 SUBURBAN INSPECTIONS, INC. 1 931.50 931.50 .00 .00 004300 SUPERIOR FORD, INC. 1 20,851.00 20,851.00 .00 .00 004350 T.K.D.A. 11 42,026.81 42,026.81 .00 .00 004370 HLB TAUTGES REDPATH, LTD. 1 90.00 90.00 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 316.84 316.84 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 4 1,056.00 1,056.00 .00 .00 Date: 05/05/1999 Time: 06:30:08 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 4 Discount Vendor # Name # of items Net Gross Discount Lost 004468 TOTAL TOOL SUPPLY, INC. 1 389.26 389.26 .00 .00 004603 UNITED WISCONSIN INSURANCE COMPANY 1 590.25 590.25 .00 .00 004611 UNITED SUPPLY CORPORATION 1 164.54 164.54 .00 .00 004612 UNIVERSITY OF MINNESOTA 1 330.00 330.00 .00 .00 004654 UPPER MIDWEST SALES COMPANY, INC. 1 507.69 507.69 .00 .00 004661 URICH, MARK 1 200.00 200.00 .00 .00 004670 US WEST COMMUNICATIONS 2 119.97 119.97 .00 .00 004730 VIKING SAFETY PRODUCTS, INC. 1 188.73 188.73 .00 .00 004789 PATCHIN MESSNER APPRAISALS, INC. 1 5,387.80 5,387.80 .00 .00 004800 WESSEL, BRIAN 1 288.54 288.54 .00 .00 004840 WINNICK SUPPLY, INC. 1 72.95 72.95 .00 .00 007109 SCHUSTER, DALE 1 240.00 240.00 .00 .00 900018 PETERSON, JOHN R. 1 450.00 450.00 .00 .00 900217 ARNT CONSTRUCTION 1 4,658.25 4,658.25 .00 .00 900591 CORPORATE EXPRESS 2 24.65 24.65 .00 .00 Grand Totals: 117 450,042.70 450,042.70 .00 .00* MEMORANDUM May 7, 1999 to: Mayor and City Councilmembers from: Jeff Smyser subject: S `Su m PProposed Liquor Ordinance Amendments May 10 City Council Meeting Agenda To facilitate discussion for the proposed changes included in first reading lg 9 the ordinance replace the ones in ,here is a sunup the meeting packet. 9' The ordinances attached to °f the 701.02 Subd. 9 this memo and reserve one license a restaurant on-sale licenses for restaurants reserve would be only ant in the I -35E ants in the Town Center that get at least be o f for restaurants seating commercial area. The reserved work session gross revenues n a minimum of . (After i one time and and based on from non - alcohol sales. m�mum from d based to 50 comments from the City '(After discussion n the reserved licenses) and added a reference to a Aorney' I've raised map that will show the seating the areas for the 701.03 Clarification describ on the license a require a that patio, garden, or sidewalk service areas permit: pplication. Such outdoor areas will r must be conditional use 701'04 Removes � fee schedule that can be the list of fees from the liquor ordinance amended by resolution. 701.05 Subd. 1 and creates a separate be 7 done Clarifies that investigations of license applicants by the City will through Safety Director, the Public Safe . 701.05 Subd. l.a. fire, and health inspect odd of new paragraph stating premises. g that the business must allow police, 701.05 Subd. 4 have a City resident as Removes that a co oves the requirement th anager. rPorate license applicant must 701.06 resident. Liquor Ordinance Amendments May 7, 1999 page 2 Removes the requirement that any license applicant must be a City 701.07 Subd. 2 Removes the requirement that a new business must be in operation for six months before it can get a liquor license. 701.07 Subd. 4 Reduces the separation between a liquor establishment and a school or church from 1000 feet to 400 feet. (The original proposal deleted the separation completely. After the work session discussion, the proposed ordinance now keeps a separation but reduces it to 400 feet.) 701.11 Adds a map showing the Town Center and I -35E commercial areas. 702.06 and 702.08 Changes the minimum age of a beer license applicant and the legal beer buyer age from 19 to 21 to comply with state law. Resolution 99 -38 is the fee list that was removed from the ordinance. Creating the fee list by resolution makes it easier for the City to change fees. Council Member 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 page 1 Main St. business area. These areas are shown on the map in Section 701.11. These 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 his the applicant's character, with such references as the council may require, his 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 he his 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. Three Thousand ($3,000.00) Dollars for an On Sale License; Three Hundred ($300.00) Dollars for an On Sale Wine License; One Hundred ($100.00) Dollars for and Off Sale License; page 2 Subdivisions 2 - 4 remain unchanged 711.05 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 of One Hundred Fifty ($1.59:0) Dollars for an individual, and Three Hundred ($r3 t O) Dollars for a partnership or corporation, and 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 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. corporation of the City and is actively working in the enterprise. Subd. 2-3 unchanged Subd. 4. Corporate License. Licenses may be issued to a partnership or a 701.06 Persons Ineligible for License. No license shall be granted to any person made ineligible for such license by state law. _ .::. A No more than one intoxicating liquor license shall be directly or indirectly issued within the City to any one person. page 3 701.07 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. Time in Busincss. No license shall be issued to any business, Subd. 3. 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. 1 Subd. 3. Distance From School or Church. No license shall be granted within 1,000 400 feet of any school or within 47000 400 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. 701.08, 701.09, 701.10 remain unchanged page 4 701.11 map defining Town Center area and I -35E commercial area for reserved licenses. 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 4-9 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 4-9 21 years of age. Adopted by the Lino Lakes City Council this day of , 199_ Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared passed and adopted. page 6 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 99-38 RESOLUTION ADOPTING A FEE SCHEDULE FOR LIQUOR LICENSES IN THE CITY OF LINO LAKES WHEREAS, The City of Lino Lakes may grant licenses for intoxicating liquor as regulated by Chapter 700 of the City Code; THEREFORE, the Lino Lakes City Council hereby establishes the following fee schedule: The annual fee for liquor licenses shall be as follows: Three Thousand ($3,000.00) Dollars for an On -Sale License; Three Hundred ($300.00) Dollars for an On -Sale Wine License; One Hundred ($100.00) Dollars for an Off -Sale License; One Hundred ($100.00) Dollars for a Club License; Three Thousand ($3,000.00) Dollars for a combination license; and Two Hundred ($200.00) Dollars for an On -Sale Sunday License. Adopted by the Lino Lakes City Council this day of , 199_ Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. page 7 AGENDA ITEM 1C STAFF ORIGINATOR: Linda Waite Smith DATE: 5/10/99 Council Meeting5 /3/99 TOPIC: Amend Lease with Centennial School District for Early Childhood Center VOTE REQUIRED: 3/5 BACKGROUND: Centennial School District is leasing part of the new civic center complextohouse the Early Childhood Center. The ten year lease contains beginning and ending dates that are no longer accurate because the premises were available later than expected. The city attorney has prepared a lease amendment reflecting the correct dates for the term of the lease. OPTIONS: 1. Approve the lease amendment as presented. 2. Return to staff for further revision. RECOMMENDATION: Approve the lease amendment as presented. FIRST AMENDMENT TO LEASE THIS First Amendment to Lease entered into this day of 1999, by and between the City of Lino Lakes, a municipal corporation, hereinafter called "Landlord ", and Independent School District No. 12, a public school corporation, hereinafter called "Tenant ". WHEREAS, the Landlord and the Tenant have previously entered into a lease dated December 8, 1997 for a building to be used as the Early Learning Center; and WHEREAS, the parties hereto wish to amend the term of the lease to coincide with the date of actual occupancy by the Tenant. NOW, THEREFORE, it is hereby agreed: 1. Section 3 of the lease shall be amended to read: 3. TERM. The term of this lease shall commence on the 1st day of January, 1999, and continue until August 31, 2009. That all other terms and conditions of the lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. LANDLORD: CITY OF LINO LAKES By Its Mayor By Its Clerk TENANT: INDEPENDENT SCHOOL DISTRICT NO. 11 By Its By Its STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1999, before me, a Notary Public within and for said County, personally appeared Kimberly A. Sullivan and Marilyn G, Anderson, to me known to be the Mayor and Clerk of the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1999, before me, a notary public within and for said County, personally appeared and the and , of Independent School District No. 12, to me known to be the persons described in and who executed the foregoing instrument and they executed the same as their free act and deed on behalf of the Independent School District No. 12. Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 AGENDA ITEM 1D STAFF ORIGINATOR: Linda Waite Smith DATE: 5/10/99 Council Meeting TOPIC: Authorize Refund of Centennial School District Assessment Overpayment VOTE REQUIRED: 3/5 BACKGROUND: Centennial School District No 12 was assessed the incorrect amount for street and utility improvements because of an error in the assessment roll prepared by a city consultant. The error is explained in more detail in an attached memo from City Engineer John Powell. The city needs to refund the school district's overpayment of $223,523.26. OPTIONS: 1. Authorize refunding to Centennial School District #12 an assessment overpayment of $223,523.26. 2. Return to staff for further revision. RECOMMENDATION: 1. Authorize refunding to Centennial School District #12 an assessment overpayment of $223,523.26. Memorandum DATE: April 27, 1999 TO: Linda Waite Smith FROM: John Powell RE: Assessments - centennial School Street and Utility Improvements Marilyn Anderson received a telephone call recently from Independent School District No. 12 (ISD #12) regarding the status of their assessment. Upon a review of the assessment file for this project, Ms. Anderson discovered errors which have resulted in excess assessments to the School District and insufficient assessments to the Rehbein properties. My own review of the project file supports Ms. Anderson's findings. The errors appear to originate from the final assessment roll for this project which was prepared by one of the City's consultants. This roll incorrectly identifies the property with PIN # 17- 31 -22 -33 -0005 as belonging to ISD #12 when in actuality it belongs to Rehbein Excavating, Inc. This resulted in an additional assessment of $202,055.83 against the School District. The assessment payments were complicated by the fact that the School District and Rehbein swapped two properties after the assessment was certified. The net result is that ISD #12 has overpaid their assessments by $223,523.26 and the Rehbein property is due an assessment of $292,988.91. These amounts are based on the original property ownership as we cannot know the details of their property transfer and what arrangements were made for payment of the assessments. I have attached the assessment file, computation sheets, and sketches to assist you in your review of this matter. The computations were reviewed by Ms. Anderson and she agrees it is an accurate representation of what has occurred. If you have any questions, please let me know. 1189 Main Street • Lino Lakes, Minnesota • 55014 Phone/TDD: 651 -464 -5562 • Fax: 651 - 464 -4568 AGENDA ITElyi 3A' iel Tesch, Dire+tor of Administration day 1999 elution 94.35 designating fund t lance V ple,l y for the General Fug#. The policy requite that for the ensuing yew be i d, 15% general Prepaid items (Le, insurance, semi ,etc.)` severance }. In 1998, the total reserves usus of the city council at their 4 or in Resolution 99 -35. [ay 1999 warlc sessi RECOMMENDATION A►G I A`'m M 6 A TOPIC: Apr STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: Jeff Smyser April 26, 1999 - Comprehensive Plan Amendment - Rezone to Planned Development Overlay - Preliminary Development Plan/Plat Peregrine Pass, Holly Drive and 12th Ave. CITY COUNCIL ACTION: 4/5 vote Comprehensive Plan Amendment 4/5 vote Rezone to Planned Development Overlay 3/5 vote Preliminary Development Plan/Plat BACKGROUND Steve Arndorfer of SMA Construction has submitted a plan to develop his 7.4 -acre site for ten residential lots. He is calling the project Peregrine Pass. The project is going through the City's new Preservation Development process. The applications include an amendment to the existing Comprehensive Plan including allocating MUSA from the existing reserve, a rezoning to planned development overlay, and approval of the preliminary development plan/plat. This report is based on the following submittals: Preliminary Plat Preliminary Grading Plan Preliminary Utility Plan Project Narrative, PDO Park Dedication Narrative 3/19/99, revised 4/1/99 3/22/99, revised 4/1/99 3/22/99 received 3/23/99 received 3/23/99 The existing 1990 Comprehensive Plan land use map guides the site for Rural use. The draft 1998 Plan guides the site for low density sewered residential use. The draft Plan shows the site in a stage 1 growth area. An amendment to the existing Plan is needed to allow this development. If the draft 1998 Plan is approved, the Plan amendment will be unnecessary. The site is zoned rural. A Planned Development Overlay is a rezoning. If approved by the City Council, the site will be shown as PDO on the zoning map. This is the first reading of the rezoning ordinance. The second reading would be at the May 10 City Council meeting. Comprehensive Plan (existing) Comprehensive Plan (draft) Peregrine Pass PDO April 26, 1999 page 2 site north east west south Rural Rural Rural Single Family Resident. Rural Low Density Sewered Resid. Low Density Sewered Resid. Low Density Sewered Resid. Low Density Sewered Resid. Low Density Unsewered Resid. Zoning R Rural R Rural R Rural R -1X PDO R Rural A PDO requires a preliminary development plan and a final development plan. The preliminary plat is included as part of the PDO preliminary development plan. The development plan also includes all drawings, conditions of approval, and development agreements. A PDO essentially creates a new zoning district with specific standards described in the development plan. The plan proposes 10 single family lots. Project data is listed below: total area uplands wetlands 7.42 acres 5.89 acres 1.53 acres 79% 21% park dedication 0.16 acres 2% of site (trail corridor) 3% of upland total lots 10 gross density 1.35 lots /acre (entire site) net density 1.69 lots /acre (uplands only) Comprehensive Plan Amendment The draft 1998 Plan guides the entire site for low density, sewered residential. The proposal is consistent with this land use. Much research and public participation went into the preparation of the land use policies and recommendations in the draft 1998 Plan. The result was a recommendation to guide this site and land around it for low density residential. It is a logical extension of existing utilities, it stages growth out to the next contiguous area, and the road access is adequate to serve the area. The City has 54± acres in the MUSA reserve. The project site is within the area eligible for MUSA reserve. The following criteria apply to allocating the MUSA reserve: Peregrine Pass PDO April 26, 1999 page 3 1. Considered at time of preliminary plat approval and allocated at time of final plat following completion of development agreement and posting offinancial guarantees. The application is being considered as part of the preliminary plat/development plan. 2. Property shall be zoned R -1 or R -1X or a rezoning in process with the preliminary plat. The lot sizes in the PDO fall between the R -1 and R -1X standards. If minimum house sizes in the same range are added to the development plan, staff recommends that the development be found to meet this criterion. 3. Property immediately adjacent to existing MUSA. Land across 12th Ave. is within the existing MUSA. 4. MUSA reserve shall be allocated to net buildable acres. Net buildable acres would be approximately 5.9 acres. 5. Development of the property must be considered a natural utility extension. 6. Development of the property must be considered a natural extension of roads. Sewer and water are in 12th Ave. already. No road extensions are needed. 7. Development shall not affect the health, welfare, and general safety of the community. The development will connect to City sewer and the internal cul de sac provides safe access to 12th Ave. Only one driveway will access 12th Ave. 8. Development shall be environmentally compatible with the surrounding area. The site design results from a collaborative effort of the developer and City staff as part of the Preservation Development process. Under the normal zoning standards, the site could be developed for 10 lots. In addition, there would be wetland fill and replacement and more tree loss. Under the proposed plan, the large wetland is preserved and a buffer around it will help protect water quality and the habitat offered by the wetland. A small wetland will be filled, but this would occur under normal zoning as well. There would be seven driveways onto 12th Ave. under normal zoning, and three driveways onto Holly Drive. Fewer driveways preserves more trees on this site, so more of the environment is preserved. The section below on the Peregrine Pass PDO April 26, 1999 page 4 development plan/plat includes a more extensive discussion of the environmental advantages. 9. Development shall be consistent with the Comprehensive Park Plan. The Park and Trail System Plan shows a "Class II transportation trail" at this location. The Plan states that such trails typically are located in or near the right of way but "as far from the edge of the road as possible (ideally 25 feet or more). The critical concerns are safety (i.e., vehicles running off the road) and snow plowing (i.e., a modern snowplow can throw snow quite a distance)." Because of the roadside ditch, the elevation of the site above the roadway, and the thick stand of trees, it is impractical to put the trail in the right of way. The proposed plan would put the trail corridor outside of the right of way, winding through the trees. This would be well protected from vehicles on the road. It also would make for a better recreational experience on the trail. 10. MUSA reserve shall be allocated only to properties in sewer districts 1, 4, 6, and Behm's Century Farms in district 2. The site is within sewer district 1. 11. Development shall be consistent with the City's comprehensive sewer and water plan. Sewer and water lines exist in 12th Ave. right of way. 12. Developer shall demonstrate a commitment to the community. Mr. Arndorfer plans to build a home for his family on one of the lots. 13. The proposed development shall comply with the City's Infill Policy as outlined by Resolution 92 -85. No utility extensions will be necessary. Developer will bear costs of connections. 14. Roads serving the development shall be determined adequate for traffic generated The addition of ten homes will not overburden the roads. Staff recommends approval of the land use and MUSA amendment of the existing Plan to reflect the intention of the draft 1998 Plan for this area. If the draft Plan is not adopted, Peregrine Pass PDO April 26, 1999 page 5 approval of the requested amendment would mean that the 1990 Plan would be amended to guide the entire site for single family residential and include the site in the MUSA. The MUSA allocation would become effective at the time of final plat. Staff is recommending approval of the Comprehensive Plan amendment including the MUSA amendment. The 5.9± acres of MUSA would come from the existing MUSA reserve. This recommendation is based on the finding that the MUSA reserve criteria are met, including the infill policy of Resolution No. 92 -85. Rezoning to Planned Development Overlay For any rezoning, the Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. If the existing 1990 Plan is amended as requested, the project will comply with the Plan. The draft 1998 Comprehensive Plan shows the site within a stage 1 growth area. If the 1998 draft is adopted, the project will comply with the Plan and the 1990 Plan will no longer be relevant. 2. The proposed use is or will be compatible with present and future land uses of the area. The open space that is part of the design reduces any incompatibility with rural land uses. The project is compatible with land to the west which is within the existing MUSA area and zoned R -1 X. 3. The proposed use conforms with all performance standards contained herein. Specific standards will be created by the PDO development plan. Departures from normal zoning is due to environmentally friendly design features under the Preservation Development program. Other City standards will apply as in any other development. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The existing utilities in 12th Ave. have the capacity to accommodate this project. Peregrine Pass PDO April 26, 1999 page 6 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The addition of ten homes will not overburden the roads. Preliminary Development Plan/Plat Comparing Proposed PDO Plan to Normal Zoning This plan incorporates several environmentally friendly features that would not be included in a development under normal zoning standards. The number of lots would be the same either way. However, under normal zoning, the large wetland would be significantly impacted, greater tree loss would occur, and there would be more impervious surface. The plan eliminates the need for driveways onto public roads, so there is an added safety factor that development under normal zoning would not have. Wetland: Under normal development standards, it is common for a developer to fill wetlands and replace them either elsewhere on the site or on another location. Typically, a developer would fill approximately 11,000 s.f. of wetland and replacing it elsewhere within the site at a 2 to 1 ratio. There is ample space to do this. The proposed plan avoids filling any of the large wetland. In addition, the plan proposes that the City hold an easement over a buffer strip around the wetland. This easement will prohibit certain activities in this buffer strip: erecting buildings, mowing, and clearing of vegetation. The buffer strip will help filter runoff naturally before it enters the wetland. A small wetland on the western edge of the site is not large enough to require replacement under law. This small wetland would be filled under either development scenario. Trees: Developing the site under normal zoning would result in up to seven driveways accessing 12th Ave. Currently, there is a wide growth of tall trees along the property line (about 50 ft. wide). The trees are very close together. Each new driveway would require cutting through these trees. In addition to the trees that would be cut down, more trees would probably die due to damage to their roots. The proposed plan eliminates the need for all the new driveways on 12th Ave. In order to do this, the lots are narrower but they all access a new cul de sac road. This cul de sac road is designed to access 12th Ave. at the location of the existing driveway. This means that fewer trees overall are lost. Peregrine Pass PDO April26, 1999 page 7 Impervious surface: A planned development allows for flexibility. Under the proposed plan, the road pavement will not be as wide as in normal developments. This reduces the amount of impervious surface, which allows more infiltration of water. Roads, access and safety: One lot will access 12th Ave. The other nine lots will access the internal cul de sac. The roads can handle additional traffic generated by ten homes. In any development, each access onto a road is a potential safety concern: more access points mean increased probability of accidents. The proposed plan prevents numerous driveway accesses onto 12th Ave. and Holly Drive. Nine out of ten lots will access 12th Ave. via a new cul de sac road. Thus, instead of 10 new driveway accesses, there will be on driveway access (Lot 10) and one road access. Density, Lot Sizes: Gross density is 1.35 units per acre. Net density, counting only the uplands, is 1.69 units per acre. The same number of lots (10) would be possible under R- 1X zoning. The minimum lot size for an R -1 zone is 10,800 sf of buildable land. The R1 -X minimum is 12,825 sf. Only two lots (Lots 7 and 8) do not meet the R1 -X minimum. All lots meet the R -1 minimum. The greatest departure from normal zoning is in the lot widths. Minimum lot width for R -1 is 80 feet, for R -1X is 90 feet. All but one lot have shorter lot widths than 80 ft. The lots increase in width farther from the road frontage. Minimum side yard setbacks could be met (10 ft.) where the building pads are placed on the plat. The smaller lot widths allow for a design that avoids filling wetlands and the loss of trees due to driveways onto 12th Ave. Minimum house footprint sizes of the R -1X zoning district will be a condition of approval. Open Space No large open space is possible on this relatively small development. However, the large wetland acts as about 1.5 acres of open space. If an additional buffer area can be ensured, it would add 0.96 acres of open space. Adding the trail corridor of about 0.25 acre would total approximately 37% of the site as open space. The City could hold a conservation easement on the buffer strip around the wetland. Park Dedication The Park Board reviewed this item at their April 5th meeting and recommended the following: Peregrine Pass PDO April 26, 1999 page 8 1. Meander the northern end of the trail to the west, since we are not sure whether future continuation of the trail will need to be within the road right -of -way. 2. Provide safe, temporary access from the northern termination point of the shoulder of 12th Avenue. This trail dedication will satisfy the park dedication requirement for this development. The trail is to be constructed through the bituminous surfacing by the developer. Stormwater Management Staff will be working with the developer on implementing preservation development principles regarding strormwater management. This would include infiltration and otherwise keeping runoff on the site as much as possible. Several infiltration ponds are included in the design. The intent is to utilize natural drainage methods rather than concrete and pipe. This reduces impervious surface and saves money. The City Engineer and Rice Creek Watershed District will work with the developer to achieve this where possible. The City would hold drainage easements over the wetland and pond areas. PLANNING & ZONING BOARD ACTION The P & Z approved the Comprehensive Plan amendment including MUSA, the rezoning to PDO, and the preliminary development plan. The approval included the following conditions. An additional recommendation included expanding on the tree preservation discussion in the text of the report, which has been done. CONDITIONS OF APPROVAL: PDO PRELIMINARY DEVELOPMENT PLAN 1. Minimum house footprint sizes shall be those of the R -1X zoning district. 2. Park Dedication shall consist of trail dedication and construction . 3. The specific trail alignment and the trees that will be cut for it will be determined by the City Environmental Specialist. 4. All permits required by the Rice Creek Watershed District shall be obtained prior to any site grading. 5. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District as appropriate. 6. A landscape plan shall include native plantings to be approved by the City Forester. Peregrine Pass PDO April 26, 1999 page 9 7. Drainage and utility easements to be held by the City shall cover all wetlands and drainage ways subject to approval of the City Engineer. This includes lot line easements as required by the City Subdivision Regulations. 8. The applicant shall grant a permanent open space easement to the City for a buffer strip 40 feet in width around the large wetland. No buildings shall be allowed in the buffer strip and the easement shall address vegetation and other management issues. 9. A development agreement will be required. 10. Standards not specifically addressed in the development plan will be those in the Zoning Ordinance. 11. Buyers shall be notified by the developer of the wetland buffer easement. 12. Developer shall provide safe passage to connect the north end of the trail to the road pavement. Design shall obtain approval of the City Engineer. 13. A tree preservation plan shall be prepared in cooperation with the City Forester. OPTIONS 1. Approve amendment to Comprehensive Plan, from Rural to Single Family Residential, including MUSA from MUSA reserve, based on the finding that the project meets the criteria as described in this report. 2. Approve rezone to PDO Preservation Development Plat based on the findings in this report and with conditions outlined above. 3. Approve Preliminary Development Plan/Plat with conditions outlined above. 4. Return to staff for further consideration. RECOMMENDATION Options 1, 2, 3 Z e,s/,wG 2000 4000 Feet Aid" IIIII.M11.11%11111111N1MlliI.Nmmml ArlsEAMir NM :tiy3 ekszuoi Udg `- .MK[lD M.e .1 r 6 1 a RECEIVED run ie9oi P 4 w •Y 311110AV L I y • f i' f � i i1 F -- ..n.e- uo..,,W i E ( I A fIll - .'d it _ iI P I CITY OF LINO LAKES F 4. 111 i €t - BPIi 11 EsFFF E ki 11 i 3 i +q A va:\ 1 �II��I :HIP IIQI HID i t+— I W 2 ow dg : Fa P a at a S-Vi 1! - ; 3 gg Yg �@ gga �� r i ib 11 � i� 2 $ S[ o S f$Wi al " .- *1 iI;s, ( 1 i g W 0 t- t i� �E [[ I � ` s Q g is . 115 °6i8 . L.LI it ■ �� �'� �i ■ IY 111 i run ie9oi P 4 w •Y 311110AV L I y • f i' f � i i1 F -- ..n.e- uo..,,W i E ( I A fIll - .'d it _ iI P I CITY OF LINO LAKES 1189'24'23"S 408.01 76, ;10 sq.ft. 1.77 acres wetland 25,533 eq.ft. upland 50,077 eq.ft. 125.76' 89.99' 1 PID 27 23,240 sq.ft. 0.53 acres wetland 11,156 sq.ft. upland 12,064 sq.ft. 29,430 sq.ft. 0.66 acres wetland 16,728 eq.ft. upland 12,702 eq. )1 13,977 sq.ft. 0.32 acres 12,899 sq.ft. 0.30 acres 9•9'10 "W 115.52' N89•29'10"E 112.37' N891129'10 -E 140.15' S8•24 2,3"W 408.01' T T/1T T t T TT'1► n rn-, I 01 1 SECOND READING, Ordinance No. 11-99 Ae honing Ordinance to Allow Private Clubs/Lc lges as Conditional Uses in General Business Cpl Business Zoning Districts aged by the City Council April 26. The provide for private clubs and lodges as a Central Business districts. OFTIQ'NS Ave condition Business and Central Business zoning di Amendment to Zoning Ordinance Adding Clubs as CUP in GB District May 10, 1999 page 2 Council Member introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 11 -99 AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO PROVIDE FOR PRIVATE CLUBS AND LODGES AS CONDITIONAL USES IN THE GENERAL BUSINESS AND CENTRAL BUSINESS ZONING DISTRICTS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I The Zoning Ordinance The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended as follows: SECTION 7 Subd. 3 BUSINESS DISTRICTS GB, General Business District H. Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. H.1 through H.12 remain unchanged 13. Private lodges and clubs provided that: a. Adequate screening from abutting and adjoining residential uses and landscaping is provided. b. Adequate off - street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and residential uses. Amendment to Zoning Ordinance Adding Clubs as CUP in GB District May 10, 1999 page 3 c. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. Subd. 4. CB, Central Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the CB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. H.1 through H12 remain unchanged 13. Private lodges and clubs provided that: a. Adequate screening from abutting and adjoining residential uses and landscaping is provided. b. Adequate off -street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and residential uses. c. Adequate off -street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. 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. Adopted by the Lino Lakes City Council this day of , 199_ Amendment to Zoning Ordinance Adding Clubs as CUP in GB District May 10, 1999 page 4 Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared passed and adopted. STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: AGENDA ITEM :6 C Jeff Smyser May 10, 1999 PUBLIC HEARING, Amending City Code Section 700 FIRST READING, Ordinance 13 -99 Liquor Licenses and Fees CITY COUNCIL ACTION: 3/5 vote BACKGROUND In August 1998, the City adopted an interim ordinance establishing a moratorium on new liquor licenses. The moratorium expired February 20, 1999. The purpose of the moratorium was to allow the City to assemble background information, study the issues, and prepare recommendations for amendments to official controls. The attached report was prepared to fulfill that purpose. The report addresses the current liquor code, zoning issues, and includes 13 recommendations. The draft ordinance at the end of the report incorporates recommendations one through seven. Other recommendations are to consider and discuss certain topics. Desired actions that come out of the discussions could be added to the liquor ordinance if appropriate. Three recommendations in the report pertain to the Zoning Ordinance. Proposed changes to the liquor code include taking the liquor license fees out of the code and making a separate fee schedule. The City then could amend the fees without going through the whole process of an ordinance amendment. Resolution 99 -38, attached, should be adopted with the second reading of Ordinance 13 -99. The City Clerk has been researching liquor fees. At this time, staff is recommending leaving the fees at the current levels. However, the fees should be increased before January 2000 when the liquor licenses are up for renewal. OPTIONS 1. ' Approve first reading of Ordinance 13 -99. 2. Return to staff RECOMMENDATION Option 1 CITY OF LINO LAKES LIQUOR LICENSES AND LAND USE ISSUES May 3, 1999 INTRODUCTION Several issues regarding liquor licenses have arisen from the extensive planning discussions occurring in Lino Lakes. As a result of these discussions, the City adopted an interim ordinance establishing a moratorium on new liquor licenses. The moratorium began August 24, 1998 and extended six months, to February 20, 1999. The purpose of the moratorium was to allow the City to assemble background information, study the issues, and prepare recommendations for amendments to official controls regarding the regulation of liquor establishments. This report was prepared to fulfill that purpose. The City of Lino Lakes is engaged in numerous planning projects designed to promote sound growth management. The City is amending its Comprehensive Plan, which in turn will lead to the examination and possible amendment of official controls such as the Zoning and Subdivision Ordinances. Planning for a new Town Center, supported by a grant through the Metropolitan Council's Livable Community program, is another major planning project underway in the City. Economic development efforts are focusing on several other locations of the City. Restaurants, hotels, and other services are important elements of commercial development areas. These uses often serve liquor and so require liquor licenses. Because of the limits established by the state legislature, Lino Lakes needs to allocate the allowed number of liquor licenses so as to promote specific land uses in the appropriate areas of the City. The appropriate areas are determined by the community planning process that culminates in the Comprehensive Plan. The City's authority to regulate liquor sales is governed by state law: specifically, Minnesota Statute 340A. This statute establishes licensing requirements including the maximum number of on -sale licenses, hours during which liquor can be sold, and others. At the state level, the statute is enforced by the Division of Alcohol and Gambling Enforcement, Department of Public Safety. A liquor license application received by a city must then be forwarded to the Division. The Division provides interpretations of the statute when the law is unclear on specific topics. The statute allows a city to establish some requirements of its own, and to be stricter than the statute in some ways. Lino Lakes regulates sales of intoxicating liquors through Section 700 of the City Code. The location of liquor sales is governed primarily by the Zoning Ordinance, though Section 700 does include a separation distance clause. BACKGROUND Number of Licenses Allowed by State Law The state statute 340A allows a city the size of Lino Lakes to issue seven on -sale liquor licenses. This is based on our population at the last census. The statute allows a city to exceed the limit of seven if the city puts it to the voters in a general or special election. (340A.413 Subd. 3) However, the number of licenses increases when the decennial census shows that a city's population crosses the 10,000 threshold. After the year 2000 census, Lino Lakes will be able to issue a total of 12 liquor licenses. Beyond the population -based limit on liquor licenses, a city can issue additional licenses to clubs and veterans organizations. Wine licenses also are outside of the limit. (340A.413 Subd. 4) There is no limit imposed by state statute on the number of these additional licenses. Nor is there any limit imposed by state statute on the number of off - sale licenses in Lino Lakes. The City could go beyond the statute and establish its own limits by ordinance. Existing Permits Lino Lakes has issued four on -sale liquor licenses and five off -sale liquor licenses. Miller's Shirley Kaye's 49 Club VFW J & K Liquors Lakes Liquor Lake Drive and Main St Lake Drive and Hodgson Rd. Hodgson Rd. and Ash St. /Co Rd J. Lake Drive (club license) Lake Drive and Hodgson Rd. Lake Drive and Lois Lane On -sale Liquor License X X X X Off -Sale Liquor License X X X X X The City can issue four more on -sale liquor licenses. The VFW, on Lake Drive, is a veteran's organization, which isn't included in the seven allowed by statute. Liquor Licenses and Land Use Issues May 3, 1999 page 2 Zoning Ordinance and Future Development The current Zoning Ordinance allows for on- and off -sale liquor as follows: Zoning District Neighborhood Business NB • neither on -sale nor off -sale are allowed Limited Business LB • neither on -sale nor off -sale are allowed • clubs as conditional uses, potential for liquor license General Business GB • on -sale and off -sale are permitted uses • restaurants and hotel /motel permitted uses, potential for liquor license Central Business CB • on -sale and off -sale are permitted uses • restaurants and hotel /motel permitted uses, potential for liquor license Shopping Center SC • on -sale and off -sale are permitted uses • restaurants and hotel/motel permitted uses, potential for liquor license Light Industrial LI and • permitted uses include "any use permitted General Industrial GI in a Commercial District that will not interfere with proper development of a Light Industrial District ": potential for liquor license Single Family Residential R -1 • golf courses and country clubs are Single Family Executive R -1X conditional uses: potential for liquor Two Family Residential R -2 licenses Medium Density Resid. R -3 High Density Resid. R -4 Lino Lakes is in the process of preparing a major Comprehensive Plan update which includes establishing the area of the Town Center. The Town Center, which surrounds the I- 35W/Lake Drive interchange, is planned as the civil and activity center of Lino Lakes. It likely will include restaurants and possibly a motel. In addition to the Town Center area, the I- 35E/Main St. interchange is planned as a major commercial and industrial development area. Both areas are noted on the attached map. It is important to examine how, and if, the Zoning Ordinance allows uses desired in specific districts and prohibits undesirable uses. For example, a restaurant will likely need a liquor license in the Town Center and the I -35E commercial area. Therefore, we should zone these areas properly to allow for liquor licenses, and consider reserving several on -sale liquor licenses for these two areas. Liquor Licenses and Land Use Issues May 3, 1999 page 3 As another example, the table above notes that country clubs are conditional uses in several residential zoning districts. Country clubs typically have a bar and serve liquor with meals. If a country club is a desired use, it will be necessary to consider if a liquor license should be reserved for a country club. RECOMMENDATIONS Staff recommendations are listed for issues derived from past liquor licensing discussions and the research conducted for this report. Others require additional policy discussion and direction. The Zoning Ordinance and the Liquor Licensing ordinance are the tools for addressing these issues. 1. Reserve some licenses for Town Center and I- 35E/Main St. Staff recommends reserving two on -sale licenses for the Town Center and one for the I -35E interchange. Chapter 700 (the City's liquor license ordinance) could be amended to reserve the licenses and describe the geographic area for which the licenses are reserved. This is an instance where the City can go beyond the state statute, which doesn't address reserving licenses for specified uses or areas. The only problem is that the Village site is zoned Limited Business. This zone does not allow on -sale or off -sale. The entire Town Center site should be rezoned to Planned Development Overlay to allow for the flexibility needed there. Liquor sales could be included specifically in this overlay when the rezoning is approved. 2. Reserve licenses for specified uses. We recommend that the reserved licenses be restricted not only to certain locations but also to specific uses. We recommend the licenses be reserved for restaurants and lodging facilities with restaurants. 3. Establish minimum requirements for the reserved licenses to ensure desirable development. In addition, we recommend establishing minimum requirements for the restaurants for which licenses are reserved. Options include size (square footage, number of customers that can be served simultaneously, number of tables), and percentage of sales from food versus liquor. The purpose for such a requirement is to ensure the reserved license is issued to a restaurant that serves liquor rather than a bar that serves Liquor Licenses and Land Use Issues May 3, 1999 page 4 food. The draft ordinance requires minimum seating for 40 diners and a minimum of 50% of total revenue to be from non - alocohol sales such as meals and soft drinks. In fact, we could consider similar requirements for all licenses in the City. 4. Provide for outdoor patios, sidewalk "cafe" service. We recommend adding provisions specifically addressing outdoor service to allow it with specified conditions. This would include requirements for such things as landscaping, separation from residential property, music or loudspeakers, access control, and the like. We do not reconunend opaque screening such as a privacy fence because part of the attractiveness of a patio is to be part of the surrounding environment. An attractive patio also adds to the attractiveness of the "street scene" of the area. Specifically allowing liquor on patios can be added to the liquor code. We recommend making them conditional uses. The Zoning Ordinance then should be amended to include as conditional uses outdoor areas contingent to a building that has a liquor license. The Zoning Ordinance would also list conditions that must be met. 5. Delete existing requirement that licensee or manager is a City resident. We recommend this restriction be eliminated from Sec. 700 of the City Code. Contemporary restaurants and lodging establishments often are corporate franchises with management trained by the corporation. A requirement for an owner or manager who resides in Lino Lakes is an obstacle to development in the Town Center and Clearwater Creek business areas. 6. Delete existing requirement for separation between liquor sales and a school. We recommend elimination of the current requirement of 1000 feet between a liquor license and a school or church. The requirement virtually eliminates any restaurants in The Village because of the early learning center that is part of the city center complex. There is little reason to believe that children or churchgoers are endangered by the proximity of a restaurant that has liquor available to diners. It is illegal to serve alcohol beverages to minors, and proximity to a restaurant with liquor does not change that law. Alternatively, we could make the Town Center the exception and keep the 1000' separation for elsewhere in City. We would need to establish a sound rationale for this distinction. It would be easier simply to eliminate the separation requirement. Liquor Licenses and Land Use Issues May 3, 1999 page 5 Alternatives The current code states: Distance From School or Church. No license shall be granted within 1,000 feet of any school or within 1,000 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. Section 701.07 Subd. 4. a. Eliminate the separation clause completely. b. Reduce the separation distance. No license shall be granted within 400 feet of any school... c. Specify types of schools. No license shall be granted within 1,000 feet of any elementary school, middle school, junior high school or high school... No license shall be granted within 1,000 feet of any school teaching any grade from kindergarten through grade 12... No license shall be granted within 1,000 feet of any school teaching any grade from kindergarten through grade nine... d. Specify normal hours of operation No license shall be granted within 1,000 feet of any school whose normal classroom instruction times extend later than 5:00 p.m. e. Specify schools to which the separation does not apply. No license shall be granted within 1,000 feet of any school or within 1,000 feet of any church, except that this shall not apply to trade schools, business schools, adult education facilities, facilities that primarily serve pre - kindergarten age children, or home schools. Liquor Licenses and Land Use Issues May 3, 1999 page 6 7. Delete existing requirement that a business must be in operation for six months before it can get a license. We recommend this requirement in the Lino Lakes code be eliminated. New restaurants and inns must be allowed to get a liquor license. This is especially important in the Town Center and the I -35E interchange area. 8. Do not establish maximum number of off -sale licenses. We recommend that the City should not establish a maximum number of off -sale licenses. There doesn't seem to be a need for this. If a problem with too many licenses or applications arises in the future, the code can be amended. 9. Do not establish maximum distance between licenses. We recommend that the City should not establish a minimum distance between licenses. There doesn't seem to be a need for this. If a problem arises relative to distances in the future, the code can be amended. 10. Rezone the Village area in the Town Center to allow liquor sales. The current Limited Business zoning does not allow on -sale or off -sale liquor uses. The plans for the area include restaurants, which will require liquor licenses. 11. Amend Zoning Ordinance to allow shared parking for liquor establishments in the Town Center, and possibly other areas. Shared parking would be desirable in the Town Center and maybe other areas. For example, retail, office, or public uses that are open only during the day would not need parking at night. Restaurants often have greater need for parking at night. These two uses could utilize the same parking areas. Benefits include saving space, reducing the amount of impervious surface, and reducing costs. This would be addressed by amending the parking standards in the Zoning Ordinance. Another option is to decrease the parking requirements only in the Town Center. Again, this would be addressed by amending the parking standards in the Zoning Ordinance. Liquor Licenses and Land Use Issues May 3, 1999 page 7 12. Consider amending Zoning Ordinance to allow liquor in additional zoning districts. The LB Limited Business zoning district does not permit on -sale or off -sale. Offices are permitted, and restaurants are a conditional use in LB districts. Restaurants with liquor service could be appropriate in this zone. Country clubs are conditional uses in residential zones, but liquor sales are not allowed. Maybe liquor as a conditional use only for country clubs would be appropriate 13. Consider reserving one license for a country club. Is it possible that a new golf course could be built in Lino Lakes, such as on the sod farm in the northwest portion? The Chomonix golf course is expanding its clubhouse facility. Is it possible that an on -sale liquor license is in its future? COMPARING STATE STATUTE, LINO LAKES, OTHER CITIES The list that follows compares the state statute and Lino Lakes code, and provides some examples of how other cities address selected liquor licensing issues. These examples offer models to use and adapt to Lino Lakes. On -Sale Liquor Licenses, Types of Uses, Restrictions State law: A city may issue on -sale licenses to: • hotels • restaurants • bowling centers • liquor stores • clubs or veterans organizations • sports facilities owned by Metropolitan Sports Commission • several uses in Minneapolis only such as theaters, arena For liquor licensing, restaurants are defined with minimum seating capacities based on the size of the city. For Lino Lakes, a fourth class city (under 10,000 population), minimum seating requirements are to be established by the city. A minimum seating of 30 required for Sunday license. Liquor Licenses and Land Use Issues May 3, 1999 page 8 Lino Lakes: Hotels, clubs/ veterans organizations, restaurants, liquor stores. Minimum restaurant seating for 30 in order to serve liquor on Sunday. Other cities: Restaurant or hotel /motel with a restaurant, minimum seating 45 people and minimum 50% of gross revenue from food. (Wh. Bear Lk.) Restaurant, minimum seating 100 people, or hotel with restaurant, minimum seating 50. (Blaine) Restaurant, minimum seating 100 people, or hotel with restaurant, minimum seating 50, and minimum 40% of business from serving food. (Spring Lake Park) Hotels, motels, country clubs, clubs, restaurants. (West St. Paul) Hotels, clubs, restaurants, liquor stores. (Arden Hills) Must have structural fair market value of minimum $500,000 exclusive of costs of land, furnishings, and fixtures. (Chanhassen) Restaurant, minimum seating 50 people, or hotel with 50 rooms and with restaurant, minimum seating 30. Restaurant must have a dining area of minimum 750 square feet and 40% of sales from food. (Bloomington) Club, restaurant, minimum seating 30 people, or hotel with 25 rooms and with restaurant, minimum seating 30. (St. Louis Park) Reserving licenses for specified use or location State law: Not addressed in state liquor statute. Lino Lakes: Not addressed. Other cities: Five licenses (of a maximum of 15 in the City) must be restaurants with 5000 square feet on one floor level with 2/3 of that exclusive of the bar. and Liquor Licenses and Land Use Issues May 3, 1999 page 9 One license for a hotel or motel with minimum 60 rooms and a restaurant of 1800 square feet exclusive of bar. (West St. Paul) Separation between on -sale liquor license and other uses State law: 1000 feet from state facilities such as prison or state hospital. 1500 feet from any public school that is not within a city. Lino Lakes: 1000 feet from school or church, measured entrance to entrance. Other Cities: 500 feet from school or church, measured building to building. (Blaine) 500 feet from school or church. (Arden Hills) 1000 feet from school or church, measured lot line to lot line. (Bloomington) 300 feet from school or church. (St. Louis Park) Outdoor patios, sidewalk "cafe" service State law: License applies only to "the compact and contiguous space specified in the approved license application." The MN Dept. of Public Safety recognizes the building and any permanently constructed and physically attached deck or patio as a part of the licensed area. However, the patio area must be included in the description on the license application and must be covered by liability insurance. If the application lists only an address, the license covers the building only. Lino Lakes: Not addressed. Other Cities: Allowed, must be designated on the license. (Wh. Bear Lk.) Same language as statute: space as specified in application. (Bloomington) Outside area must have opaque fence, eight foot high. (Mankato) Some cities only allow outside liquor service for temporary events. Liquor Licenses and Land Use Issues May 3, 1999 page 10 Outdoor serving area as conditional use with specified conditions that address such things as defining the area, surface paving, access control, landscaping. Must be contiguous to the principal building that has a license. (Faribault) RECOMMENDED AMENDMENTS TO CITY CONTROLS The following draft resolution amends the existing Section 700 of the City Code. Recommended deletions are indicated by seeut text, and underlined text indicates recommended additions. Recommended amendments to the Zoning Ordinance must be considered as well. Amendments to the Zoning Ordinance could occur as part of the larger examination of the Ordinance that is planned for this year following adoption of a new comprehensive plan. We could make specific amendments sooner if needed. Most of the proposed amendments address issues discussed in the report. However, there are several recommended changes that address additional issues. Section 701.04 currently includes the fee schedule for liquor licenses. If the fee schedule is removed from the City Code and addressed by a separate fee schedule, the fees can be changed without going through the process required for changing an ordinance. A public hearing is still required to change fees, but only a resolution would be required rather than an ordinance amendment. Liquor Licenses and Land Use Issues May 3, 1999 page 11 Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 13 -99 ORDINANCE AMENDING SECTION 701 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, BE IT RESOLVED that Section 701 Liquor Licensing of the Lino Lakes City Code is amended as follows: 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 restaurants shall have facilities to serve meals at tables to the general public and have seating capacity to serve a minimum of 40 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 his the applicant's character, with such references as the council may require, his 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 he his 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 or garden 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. 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. Three Hundred ($300.00) Doll One Hundred ($100.00) Dollars for and Off Sale License; 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 of One Hundred Fifty ($150.00) Dollars for an individual, and Three Hundred ($300.00) Dollars for a partnership or corporation, and 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 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. corporation Subd. 2-3 unchanged Subd. 4. Corporate License. Licenses may be issued to a partnership or a of the City and is actively working in the enterprise. 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. Time in Business. No license shall be issued to any business, Subd. 3. 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. /1. Distance From School or C applicant's place of business. 702. Beer Licensing 702.06 Persons Ineligible for License. No license shall be granted to or held by any person who: (1) Is under 4-9 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 4121 years of age. Adopted by the Lino Lakes City Council this day of , 199_ Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 99-38 RESOLUTION ADOPTING A FEE SCHEDULE FOR LIQUOR LICENSES IN THE CITY OF LINO LAKES WHEREAS, The City of Lino Lakes may grant licenses for intoxicating liquor as regulated by Chapter 700 of the City Code; THEREFORE, the Lino Lakes City Council hereby establishes the following fee schedule: The annual fee for liquor licenses shall be as follows: Three Thousand ($3,000.00) Dollars for an On -Sale License; Three Hundred ($300.00) Dollars for an On -Sale Wine License; One Hundred ($100.00) Dollars for an Off -Sale License; One Hundred ($100.00) Dollars for a Club License; Three Thousand ($3,000.00) Dollars for a combination license; and Two Hundred ($200.00) Dollars for an On -Sale Sunday License. Adopted by the Lino Lakes City Council this day of , 199_ Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. AG EI A`I ""EM 6 D 0 A' C.C. MEETING DATE: May 10,1999 TOPIC: SECOND READING: Ordinance 12.99 to Rezone to PDO NE Quadrant Lake Drive & I -35Vij JADT Development Group At the April 26 meeting, the City Council voted to rezone the site to PDO for light industrial uses. The rezoning to PDO is a e to the Zoning Ordinance and, like any ordinance e3 requires a first and second reading. Tonight's meeting will be the second reading. The ordinance is attached.' Approve second g of Ordnance 12-99 to amend the Zoning Ordinance to rezone site Planned Deve ent Overlay. 2. Do not approve Option I Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 12 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM SC, SHOPPING CENTER TO PDO, PLANNED DEVELOPMENT OVERLAY 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 SC, Shopping Center to PDO, Planned Development Overlay pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: see attached legal description 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 Council this day of , 199_ Kimberly A. Sullivan, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared passed and adopted. PARCEL 2: 0 � 3 \ O 0 v) O o'0 U N (1) (f) � O t- 4) 4_, L 0 a 3 0 v) N 0 L O O1 V) jy .0 ac) 0 to a Cr 1 3 a) C 4-, O V) 4'4 a) L 0 L c 0 3 O 0 t CO ° a o C 'l_ 0 N 1300, 0 C N N .N W 0 L v-0 a a C 0 0 o t c '0 a C 3 0 Z 0v C O C a L-.-• 0 -' C U C C 0) 0 CO O c 3 W N .r U 0 01 L L r4N- •g> w00:;-.. L m0 r°- c r O V. N a0 O O C 0 L0 . - ) Z v V) > c r •. 0 v 0 °n v Nr 0 a t v c O 0 M 'CAL 01 N — ONOZ" o. , -3a) 4. tea) i .0 (n c r t O L. •0 C 3 .c W O 4-, c -O a a •0 0 0 a L 0 0 >. 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PARCEL 4: a) 0) C 0 Ce C O o Z re) M 0. >, c 0 C 3 rn F-O a) � r O N 4) O v N L a) C -' C 3 V„• G o c O 0 a) .48 (�� k t5% (//f -t/G 6 % ?.-- / / STAFF OR G TOR John Powell, City Engineer DATE: i 4, TOPIC: R urn Nc 9€148, A pt Utility Ea nt ar P y nt Drive Trunk utility improvements Easements' are inst 11 n of anitary r part of lake Tr uk Utility p ' Easement neg tions are un ay with pr ow ers the th of th+e project hich gins at Ho Driv Li t.a k+ El+en entary tool can Ma t E wesfi f !rake Carve. nom, fvllr ng pro owners have signed an Easement Grant for p re R. ution No `99 -38, accepting the Ea nr ent Cr Lake frve Think tlity Impromeants. No. 99-39 be adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99 -36 RESOLUTION ACCEPTING UTILITY EASEMENT AND APPROVING PAYMENT FOR THE LAKE DRIVE TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to a resolution of the City Council passed by the council on October 27, 1997, the Lake Drive Trunk Utility Project was ordered; and, WHEREAS, utility easements are needed to construct the improvements; and, WHEREAS, pursuant to a resolution of the City Council passed by the council on November 10, 1997, the acquisition of the necessary easements was authorized; and, WHEREAS, property owners along said improvement have agreed to execute Permanent and Temporary Easements that will accommodate the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the easement grant and payment amount for the following parcels: James M. and Marie Schafer/ Parcel 11 and 11T $ 4,768.00 Kirk O. and Patti L Beecher Adopted by the Lino Lakes City Council this 10th day of May, 1999. Kimberly A. Sullivan, Mayor Marilyn G. Anderson, City Clerk The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 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 May10, 1999. Marilyn G. Anderson, City Clerk AGENDA ITEM SF STAFF .OR TOR John Powell, City Engineer DATE: May 4, 1499 TOPIC: Resolution Nc . 99 -37, Order P of Feasibility Study - V ky Lane : nitary Sea rand Water Imprc ements As part of the Lake Drive Trunk Utility is provemen ; Ckyr cities will be extended along .Lake rave wficl would be ava' for extension io 1y Lane. In March of thts year, 17 property owners along V c r'L:ane sub rued a petition to the City for tfte installation of sanitary sewer and r service ttteir properties. On ApnI 22,1999, a ne hborhood n ng held at the City F1aI to discuss the Pubes lrnprorrment press, the City Ch r, ancf preliminary estimates 0f r+ t the assessment amounts might be for this type of impr ► ant. ibis m attended by about 31 r ` ents froth the ar The City has received ano n pe tion requesti sanita r and water service which hes. been s' by 19 property owners along Vicky ,Lane. A Fein" ty Study is sary to determine more detai d constnu#%n costs, assess rents, and to ekva cons a extension cif utiiit service to this a OPTIONS, 1. Return to for further review. 2. Adopt Resolution No. 99- ' ordering'ihe preparation of a Fees the Vicky Lang Santry Sewer and Water Improvements. No. 99-37 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99 -37 RESOLUTION ORDERING PREPARATION OF STUDY FOR THE VICKY LANE SANITARY SEWER AND WATER IMPROVEMENTS WHEREAS, in response to a petition from property owners located on Vicky Lane, it is proposed to improve Vicky Lane between Nancy Drive and Lake Drive by constructing watermain and sanitary sewer and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 10th day of May, 1999. Kimberly A. Sullivan, Mayor Marilyn G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 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 May 10, 1999. Marilyn G. Anderson, Clerk- Treasurer •-.tar NO 50 1 r 11: * i•IEIIIHIU rIgrAval11111111111111111111N 11,10.11 LINO GEORGE WATC Petition for extension of city sewer and water utilities for VICKY LN residents