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Home My WebLink About05/10/1999 Council MinutesCOUNCIL MINUTES MAY 10, 1999 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : May 10, 1999 . 6:30 P.M. . 7:17 P.M. : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan : None Staff members present: City Administrator, Linda Waite Smith; Administrative Director, Dan Tesch; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; Consulting City Engineer, John Powell; City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Chief of Police, Dave Pecchia; and Clerk -Treasurer, Marilyn Anderson SETTING THE AGENDA Mayor Sullivan announced the May 12, 1999, Planning and Zon' n canceled. Item lAiii, April 12, 1999, Regular Council Meeting Agenda and added to Item 8I under New Business. • Item 1Avi, January 21, 1998, Council Work S Agenda and added to Item 8J under Ne _. • Item 8K, April 19, 1998 Wor Item 1D, Authorize removed from the C Item 4A, Const d from the Consent tes, were removed from the Consent ute ere added to New Business. ennial School District Assessment Overpayment, was gens w': d added to New Business. signation of Police Officer, was removed from the agenda. The amended ag . a was approved as presented CONSENT AGENDA Council Member Neal moved to approve the amended Consent Agenda as presented. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM MINUTES: April 26, 1999, Regular Council Meeting March 3, 1999, Council Work Session ACTION Approved Approved COUNCIL MINUTES MAY 10, 1999 March 6, 1998, Council Work Session January 7, 1998, Council Work Session March 22, 1999, Regular Council Meeting DISBURSEMENTS: May 10, 1999 (Check No. 55875 - 55972, $450,042.70) April Manuals ($456,090.07) Centennial Fire District Approved Approved Approved Approved Approved Approve Amend Lease with Centennial School District for Early ent inda Waite Smith - The 10 year lease for the Centennial School Di ict to . . ng and ending dates that are no longer accurate because the premises in t � �Q meter e available later than expected. The City Attorney has prepared a lease A ng the correct dates for the term of the lease. Mayor Sullivan reminded e guidelines for audience participation in City Council meetings, e ; g need for respectful dialog. OPEN MIKE No one appeare er `d pen Mike. Mayor Sullivan stated the Forestry Department has received a NSP Grant for new plantings under the power lines along Elm Street and Lake Drive. Many volunteers helped with the plantings including several Boy Scouts. The Apollo Meadows subdivision has applied for a DNR grant fund additional plantings on the north side of I -35W. The Friends of the Park Foundation held their annual tree sale and raised $1,000. Mr. Charles Farm helped in the sale which completed his community service hours requirement. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Mr. Tesch did not have a report. 2 COUNCIL MINUTES MAY 10,1999 • PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Consideration of Resignation of Police Officer - Upon adoption of the agenda, this item was removed. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Mr. DeGardner did not have a report. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 11 - 99, Amending Zoning Ordinance Pertaining to Private Clubs and Lodges, Jeff Smyser (4/5 Vote Required) - The FIRST READING of this Ordinance was approved by the City Council April 26, 1999. The Ordinance amends the Zoning Ordinance to provide for private clubs and lodges as a conditional use in al Business and Central Business districts. Council expressed concern regarding the term "adequate" rel indicated the Council will have discretion in determinin wha as adequate will depend on the specific location of t ping. Staff at is determined The City Attorney advised flexibility is needed. mal a _ oval will be determined by the Council. Staff indicated the basic buffee reviewed when all ordinances are revised. Council Member Ne • � t rove the SECOND READING of Ordinance No. 11 - 99, as presented. Council ® onded the motion. Council Memb Lyden voted ye oted yes. Council Member Dahl voted yes. Council Member it Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 11 - 99 can be found at the end of these minutes. PUBLIC HEARING, FIRST READING, Ordinance No. 13 - 99, Amending City Code, Section 700, Pertaining to Liquor Licenses & Fees, Jeff Smyser - The City adopted a moratorium for the issuance of 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 the official controls contained in the ordinance. Staff referred to the report that was prepared to fulfill that purpose. • The report addressed the current liquor code, zoning issues, and includes 13 recommendations. The draft ordinance incorporates recommendations one through seven (7) of the staff report. COUNCIL MINUTES MAY 10,1999 Staff reviewed the proposed changes including a proposal to remove the liquor license fee schedule and noted that fees will be adopted by resolution. Staff recommended leaving the fees at the current level at this time. Mayor Sullivan opened the public hearing at 6:50 p.m. Council expressed concern regarding reducing the distance from schools to 400 feet. Staff was directed to explore the option of making the Town Center the exception to the current 1000 foot separation requirement. Staff was also directed develop a definition for schools and to include Day Care Centers, Churches, and parks in the separation requirement. Staff will bring a recommendation to the next Council work session. Council Member Lyden moved to close the public hearing at 6:57 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Dahl moved to table Item 6C, PUBLIC HEARING I ` RE ° ING, Ordinance No. 13 - 99, Amending City Code, Section 700, Pertainingto Lr +r s enses & Fees and Resolution No. 99 - 38, until the next Council meeting. mbe al seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 12 - 99 Extended), Approve Rezone to PDO, Prelimi Permit for McDonald's Restaurant voted to rezone the above described s READING of the rezone Ordi Council Member Ly as presented. Counci Council Memb Lyden voted ye e Drive (at Apollo Drive Site Plan Review, Conditional Use e April 26, 1999, meeting, the Council t industrial uses. This is the SECOND prove the SECOND READING of Ordinance No. 12 - 99, seconded the motion. oted yes. Council Member Dahl voted yes. Council Member it Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 12 - 99 can be found at the end of these minutes. Consideration of Resolution No. 99 - 36, Lake Drive Trunk Utility Improvement Easement Payment, John Powell Easement negotiations are underway with property owners throughout the length of the Lake Drive Trunk Utility Improvement project which begins at Apollo Drive/Lilac Street and extends to Lino Lakes Elementary School on Main Street, west of Lake Drive. The following property owners have signed an Easement Grant for the project: James M. and Marie Schafer 4 Parcel 11 and 11T $4,768.00 • • COUNCIL MINUTES MAY 10, 1999 Kirk O. and Patti L Beecher Staff noted the property is listed under two (2) names because of a Contract for Deed. Staff recommended adoption of Resolution No. 99 - 36. Council Member Bergeson moved to adopt Resolution No. 99 - 36, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 36 can be found at the end of these minutes. Consideration of Resolution No. 99 - 37, Initiative of Vicky Lane Feasibility Study for Sanitary Sewer & Water Service, John Powell - The City has received a petition from the Vicky Lane residents requesting sanitary sewer and water service. The petition was been signed by 19 property owners along Vicky Lane. A Feasibility Study is necessary to determine more detailed con roc • ssments, and to evaluate construction alternatives for the extension of utili Staff explained that a petition for a feasibility study the petition to connect to the services and does property owner retains all rights under the Ch the Bisel Amendment because the utili Council Member Neal moved of the residents signing cept an assessment. The cu ar area does not qualify the for ass by the properties. lu o. 99 - 37, as presented. Council Member Dahl seconded the motion animously. Resolution No. 99 - 3 fo at the end of these minutes. OLD BUSI Consideration of Minutes, March 2, 1999, Special Council Meeting (Council Member Neal Absent) - Council Member Dahl moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of Minutes, November 14, 1998, Special Council Meeting (Council Member Lyden Absent) - Council Member Bergeson moved to approve these minutes as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of Minutes, September 9, 1998, Council Work Session (Council Member 1111 Neal Absent) - Council Member Bergeson moved to approve these minutes as presented. COUNCIL MINUTES MAY 10, 1999 Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of Minutes, August 6, 1998, City Council Budget Work Session (Council Member Lyden and Neal Absent) - Council Member Bergeson moved to approve these minutes as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Lyden and Neal abstaining. Consideration of Minutes, April 8, 1999, Council Work Session (Council Member Bergeson and Lyden Absent) - Mayor Sullivan moved to table these minutes. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Minutes, April 19, 1999, Board of Review Meeting (Council Member Lyden Absent) - Council Member Bergeson moved to approve these minutes as presented. Council Member Dahl seconded the motion. Motion carried with Counc' � Lyden abstaining. Consideration of Minutes, July 23, 1997, Council Work S Member Dahl were not on Council) - Council MembeBer minutes as presented. Council Member Lyden seco Sullivan and Council Member Dahl abstaining. Ivan & Council approve these otion carried with Mayor Consideration of Minutes, July 30, 1' ',: « F cil Meeting (Council Member Neal Absent) - Council Member Bergeson ev . •p • e these minutes as presented. Council Member Lyden seconded the . on : ed with Council Member Neal abstaining. Consideration of M. corrected to read "An should read " should read "I Lake Drive as 2, 1999, Regular Council Meeting - Page 12, item 14 e, was ed in one year can be used the next". Page 12, item 17, 1 incur all initial costs of the plantings". Page 16, paragraph 4, of Apollo Drive had not been changed, it would be as far from r"ously been". Council Member Bergeson moved to approve the amended April 12, 1999, Regular Council Meeting minutes as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minutes, January 21, 1998, Council Work Session - The two (2) elected officials who volunteered for the Centennial Fire Steering Committee wer changed to Council Members Neal and Bergeson. Council Member Lyden moved to approve the amended January 21, 1998, Council Work Session minutes, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 6 • • COUNCIL MINUTES MAY 10, 1999 Consideration of Minutes, April 19, 1999, Council Finance Work Session - Council Member Dahl moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Authorize Refund of Centennial School District Assessment Overpayment - 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. Staff is requesting Council authorization to refund. Council Member Lyden moved to authorize the refund of the overpayment of $223,523.26 and to abate the assessment on parcel # 18-31-22-41-0003. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR MAY 11 ,1999 THROUGH MAY 241999 CAG Meeting, Monday, May 17, 1999, 7:00 p.m. Friends of the Park Meeting, Tuesday, May 18, 1999, 7:0 Building. Environmental Focus Group Meeting, Tuesd 6:30 p.m. Council Work Session, Wednesday, Coffee with the Mayor, Frid 9' :30 a.m. to 9:30 a.m. Regular Council My, May 24, 1999, 6:30 p.m. ADJOURN There being no er "'siness, Mayor Sullivan adjourned the meeting at 7:17 p.m. These minutes were considered and approved at the regular Council Meeting, May 24, 1999. Mafilyn Anderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Council Member Neal Amendment to Zoning Ordinance Adding Clubs as CUP in GB District May 10, 1999 page 2 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 BUSINESS DISTRICTS Subd. 3 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 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. 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 10thday of May , 1999 ATTEST:,/1 J uv►n dha-� Mdrilyn G. Anderson, Clerk/Treasurer Amendment to Zoning Ordinance Adding Clubs as CUP in GB District May 10, 1999 page 4 The motion for adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Bergeson, Dahl, Lyden, Neal, Sullivan Whereupon said ordinance was declared passed and adopted. none • • • Council Member Lyden 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 Co cil ST: Utii May , 199 9 er s �, M Qti°`� ae ��.� e\-44 <_ The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl , Neal, Lyden, Sullivan livan, Mayor • The following voted against same: none Whereupon said ordinance was declared passed and adopted. Council Member Bergeson 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 Kirk O. and Patti L Beecher Adopted by the Lino Lakes City Council t Marilyn G. Anderson, City Clerk th . of �� •'9. IUL iLJJ. �. ivan, Mayor $ 4,768.00 The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said 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 • Council Member Neal adoption: introduced the following resolution and moved its • • 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 thi 17A 'lyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member nahi and upon vote being taken thereon, the following voted in favor thereof: Ber3eson, Dahl, Lyden, Neal, Sullivan The following voted against same: none 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. Marlyn G. n erson, Clerk -Treasurer