HomeMy WebLinkAbout2010-030 Council Resolution•
Council Member G l l uRntroduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10-30
RESOLUTION APPROVING A SUMMARY OF
ORDINANCE NO. 05-10 FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 05 -10, amending the Town Center
Design & Development Guide Regarding Outdoor Dining /Seating; and
WHEREAS, MN statute 412.191 provides for a city to publish a summary of an ordinance, and
WHEREAS, the City Council determines that the summary in Attachment A clearly informs the
public of the intent and effect of Ordinance No. 05 -10, and
WHEREAS, the publication in the official newspaper will include a notice that a full printed
copy of the ordinance is available at City Hall,
• NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in
Attachment A for publication according to state law and the City Charter.
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Passed by the Lino Lakes City Council this 12th day of A
Jeff Reine , ayor
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
O' Donnell and upon vote being taken thereon, the following voted in favor thereof:
Gallup, O'Donnell, Rafferty, Roeser, Reinert
The foliowmg voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
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ATTACHMENT A, Resolution No. 10 -30
CITY OF LINO LAKES
COUNTY OF ANOKA
SUMMARY OF ORDINANCE NO. 05-10
AN ORDINANCE AMENDING THE TOWN CENTER DESIGN &
DEVELOPMENT GUIDE REGARDING OUTDOOR DINING /SEATING
Section 1: Findings: 1) The area called Legacy at Woods Edge, rezoned to Planned Unit
Development by Ordinance No. 04 -04, is subject to the Lino Lakes Town Center Design &
Development Guide as well as the Zoning Ordinance and City Code. 2) The Development Guide
requires a conditional use permit for outdoor dining /seating for eating places /restaurants /private
clubs and lodges. The Development Guide does not address outdoor seating for other uses. 3) A
conditional use permit adds time and expense for a business without providing a benefit to the
public that can't be otherwise provided. 4) Outdoor seating is a suitable use in the Commercial
and Mixed Use land use districts. 5) The amendments support policies and strategies in the
Comprehensive Plan. 6) Amending the Development Guide is considered a zoning amendment
and the amendment meets applicable criteria. 7) The Lino Lakes Planning & Zoning Board held
a public hearing on the amendments on March 10, 2010 and recommended approval.
Section 2: The Town Center Design & Development Guide is amended as follows:
Section 3.1, Table 1: Outdoor Dining /Seating are accessory uses instead of conditional uses
in the Commercial and Mixed Use land use districts for: Eating places /restaurants /private
clubs and lodges; Food stores; and Convenience stores. Alcohol service is an accessory use
instead of a conditional use. Outdoor dining /seating is subject to Section 3, Subd. 16 of the
Lino Lakes Zoning Ordinance except as specified.
Appendix A: Requirements for accessory outdoor seating areas are removed from the list of
conditional uses because they will be accessory uses.
Section 3 As above amended, said Development Guide shall stand as initially passed and
previously amended.
Section 4: This ordinance shall be in effect in accordance with the City Charter.
Passed by the Lino Lakes City Council on April 12, 2010. This is a summary of the adopted
ordinance. A full printed copy of the ordinance is available at City Hall.
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AGENDA ITEM 6 E
STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: April 26, 2010
TOPIC: Resolution No. 10 -30
Summary of Ord. No. 05 -10 for Publication
VOTE: 4/5
BACKGROUND
The City Council approved the second reading of Ordinance 05 -10 on April 12.
Resolution No. 10 -30 is the summary of the ordinance for publication. Minnesota Statutes
allows the City Council to approve by a 4/5 vote that a summary be published. This saves the
City money for space in the newspaper.
The City Council did not have the required four members present on April 12.
OPTIONS
1. Approve Resolution No. 10 -30.
2. Return to staff with direction.
RECOMMENDATION
Option 1