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HomeMy WebLinkAbout02/28/2000 Council MinutesCOUNCIL MINUTES FEBRUARY 28, 2000 CITY OF LINO LAKES MINUTES DATE : February 28, 2000 TIME STARTED : 6:30 P.M. : 9:45 P.M. TIME ENDED : Carlson, Dahl, O'Donnell, and Mayor Bergeson : MEMBERS PRESENT None MEMBERS ABSENT Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch (part); City Attorney, Barry Sullivan; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland (part); Environmental Specialist, Marty Asleson (part); Public Services Director, Rick DeGardner; Chief of Police, Dave Pecchia (part); Police Sergeant, Bill Hammes (part); and Building Inspector, Pete Kluegel (part) SETTING THE AGENDA Item 3F, Reallocate Community Development Block Grant Funds, was added to the agenda. Item 3E, Letter to Metropolitan Council Regarding Proposed Changes to Bus Service, was added to the agenda. • Item 8A, Cable Installation on County Road J was added to the agenda. The amended agenda was approved as presented. CONSENT AGENDA Council Member Dahl moved to approve the Consent Agenda, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: January 5, 2000, Council Work Session Approved January 10, 2000, City Council Meeting Approved January 24, 2000, City Council Meeting Approved 1 • • COUNCIL MINUTES FEBRUARY 28, 2000 DISBURSEMENTS: 1999/2000 (Check No. 58264 - 58342, in the amount of $114,446.77 & $386,534.69) Approved Centennial Fire District Approved Resolution No. 00 — 02, Transferring Funds From the Area and Unit Fund Approved Mayor Berge son reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No one appeared under open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider Approval of AFSCME Union Contract (3/4 Vote Required), Dan Tesch — Staff advised the City and representatives of Local Council No. 14 of the American Federation of State, County and Municipal Employees, AFL-CIO have spent the past several months negotiating a contract covering the City's clerical, technical and professional employees. The City's goals in contract negotiation are to provide marketable salaries for City employees, uniformity of benefits and consistent processes and procedures. Staff believes this contract meets those goals. A number of articles in the contract are chapters out of the City's personnel policy. The level of City participation for insurance coverage is consistent with recent contract settlements for other bargaining units within the City. The cost of living adjustment for both years covered by this contract is 3%. The City looks to measures found in 28 metropolitan communities with similar populations for salary market data. Market adjustments for certain positions were made using these guidelines. The AFSCME bargaining unit has already approved the proposed two- (2) year contract. Council approval is the final step in contract adoption. Council Member Carlson moved to approve the contract, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consider Senior Center Use Guidelines (3/4 Vote Required), Dan Tesch — Staff advised the Lino Lakes Senior Center leases space at 1189 Main Street (old city hall) for one dollar per year. The City pays utilities and provides cleaning and maintenance services. Since the last lease agreement was signed, there have been several new developments. First the City no longer uses COUNCIL MINUTES FEBRUARY 28, 2000 the old Council chambers and that space is now available for use by the Senior Center. Second, in • late 1999, the City Council agreed that the Senior Center should be able to allow other groups to use its space and collect any resulting donations. • The Senior Center Coordinator and City staff drafted a new lease agreement that has been approved by the City Attorney. The new agreement includes the two- (2) items mentioned above, as well as guidelines for users of the leased space. The first draft of the agreement contained a prohibition against the presence or consumption of alcohol on the premises. According to the City Attorney, that is a matter of City policy, not law. The Senior Center would like the City Council's permission to delete that prohibition because on occasion the members make wine, which is served at their meals. The City Attorney states that "dram shop" laws don't apply to the City in this situation. Council Member O'Donnell asked if an agenda item regarding the church would have to be amended if the lease is approved. Staff advised no amendments would have to be made. Mayor Bergeson advised he does not support the revision regarding alcohol. He stated the City has a policy regarding alcohol and the amendment should not be approved. Council Member O'Donnell moved to amend the lease agreement to remove the prohibition against alcohol, them approve the agreement. Council Member Carlson seconded the motion. Motion carried with Mayor Bergeson voting no. Consider Approval for Circle -Lex VFW to Spend Gambling Funds (3/4 Vote Required), Dan Tesch — Staff advised the Circle -Lex VFW has submitted a request to spend gambling funds. For the past seven- (7) years the Circle -Lex VFW has donated $300 per month to the City's Park and Recreation Division. The funds are used to provide supplies for playgrounds, playground equipment, and the like. Council Member Carlson moved to approve Request to Spend Gambling Funds, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consider Resolution No. 00 — 22, Approving the VFW Post 6583 Gambling Premises Renewal Application (3/4 Vote Required), Dan Tesch — Staff advised the City received a Premises Permit Renewal Application for the VFW Post 6583 of Lino Lakes. The Post would like to continue participating in gambling activity at 7868 Lake Drive. The Police Department is conducting a criminal history check on Dean Johnson and DelMar Jordahl who are the authorized representatives from the VFW. Staff advised that the City has not experienced any difficulty with this organization acquiring a gambling permit. This application should not be confused with the VFW Post 6583 Ladies Auxiliary request, which the Council approved during the January 10, 2000, Council meeting. Council Member Carlson moved to adopt Resolution No. 00 — 22, as requested. Council • Member Dahl seconded the motion. Motion carried unanimously. 3 • • • COUNCIL MINUTES FEBRUARY 28, 2000 Resolution No. 00 — 22 can be found at the end of these minutes. Consider Resolution No. 00 — 21, Approving the Minnesota/USA Wrestling, Inc. Gambling Premises Renewal Application (3/4 Vote Required), Ry-Chel Gaustad — Staff advised Minnesota/USA Wrestling, Inc. submitted its annual permit application to conduct gambling activity at The 49 Club, 6007 Hodgson Road. The Police Department is conducting a criminal history check on the Chief Executive Officer, William Hinchley. Staff understands that the City has not experienced any difficulty with this organization acquiring a gambling permit. Council Member Dahl moved to adopt Resolution No. 00 — 21, contingent upon a criminal history check. Council Member O'Donnell seconded the motion. Motion carried unanimously. Resolution No. 00 — 21 can be found at the end of these minutes. Reallocate Community Development Block Grant Funds, Linda Waite Smith — Staff advised on February 14, 2000, the Council approved the allocation of $34,492 in CDBG funds for the 2000-2001 grant year. The allocation was: $1,000 for administrative expenses; $16,000 for City planning projects; and $18,492 for agencies providing services to City residents. On February 22, 2000, the City was informed by Anoka County that cities in the County had exceeded the 15% overall limitation on allocations to non-profit agencies. As a result, several cities, including Lino Lakes, are required to reallocate their CDBG funds. Lino Lakes' allocation to non-profit agencies cannot exceed $5,173.80. Setting aside $1,000 for administrative expenses, leaves an additional $12,318 to reallocate to City programs that are eligible for CDBG funding. Staff recommended the following allocations to comply with the County's requirements: Alexandra House $ 2,500 Forest Lake Youth Bureau $ 2,573 City Program: 1 Septic System Ordinance $ 4,000 City Program: 2 Native Planting $ 5,000 City Program: 3 Preservation Development $ 6,000 City Program: 4 ADA Park Improvements $12,318 Administration $ 1,000 Total $34,492 Council Member O'Donnell moved to approve the staff recommendation, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Letter to Metropolitan Council Regarding Proposed Changes to Bus Service, Linda Waite Smith — Staff advised a letter has been received from the Metropolitan Council regarding proposed changes to the bus service within the City. Letters have also been received from residents expressing concern relating to the changes. 4 COUNCIL MINUTES FEBRUARY 28, 2000 • Staff advised they have prepared a draft letter to send to the Metropolitan Council regarding the affect of the changes to residents. Staff asked for Council direction regarding the letter. • Mayor Bergeson stated the bus service is very important to the City of Lino Lakes. High density housing along Lake Drive and potential housing within the Town Center may utilize the service. Council Member Dahl moved to approve the City Administrator to send the draft letter to the Metropolitan Council. Council Member O'Donnell seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Annual Police Report, Sergeant Bill Hammes — Staff advised the Police Department faced many challenges in 1999. The Department moved to a new building, prepared for Y2K, introduced a County wide records system, and developed an automation system in the Building Department. Sergeant Bill Hammes presented the Department of Public Safety annual report, which included both police and building inspections. Council Member Carlson thanked the Department for a great job noting there is a question about the number of underage drinking incidents. She referred to a vindictive letter printed in the Quad regarding the City's growth under a former mayor. She stated the Council is committed to building 147 new homes per year. People should not criticize when they do not have all the information. Mr. Pete Kluegel, Building Inspector explained the City process regarding electrical inspections. Council Member O'Donnell moved to accept the 1999 Department of Public Safety Annual Report, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 00 —19, Adopting 2000 Water and Sewer Budget, Rick DeGardner — Staff referred to the proposed 2000 budgets for the water operating fund and the sewer operating fund. The water -operating fund reflects an expenditure increase of 9.4%. This is due primarily to the increase of maintenance supplies and chemical price increases. The sewer -operating fund reflects an expenditure increase of .45%. The City Engineer is preparing a utility rate study that will establish the water and sewer rates for the three- (3) year period 2000 — 2002. Staff advised they do not anticipate any significant changes to the current rates. For the purposes of the preparation of the rate study, general 5 • COUNCIL MINUTES FEBRUARY 28, 2000 assumptions will be used with respect to the rate of growth through 2002. The rate study is expected to be presented to the Council at a work session in April 2000. Council Member Carlson moved to adopt Resolution No. 00 —19, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 00 —19 can be found at the end of these minutes. Consideration of Approving Antenna Lease Agreement, Mericom/Aerial, Rick DeGardner — Staff advised APT Minneapolis has discussed with them the installation of antenna facilities on the City's existing water storage tank near the correctional facility. The proposed agreement between APT Minneapolis and the City has been reviewed and approved by the City Attorney, staff, and APT Minneapolis officials. Staff requested Council approval of the antenna lease agreement. APT Minneapolis is proposing to lease space for the installation of three (3) sectors of up to four (4) panel antennas each on the City's water tower at an annual rate of $13,891.50. The amount will increase annually by the greater of five (5) percent or the consumer price index. The rental rate coincides with the existing tenants on the water towers. The agreement is for five (5) years with the opportunity for five (5) additional five (5) year periods. The associated cabinets will be installed inside the tower base on a platform approximately 10' x 12'. The lease agreement prioritizes users on the storage tank such that the City and public safety agencies are a higher priority. This allows higher priority users to use the water tower in the future if interference occurs. Since the water tower is adjacent to the correctional facility, the lease agreement requires that APT Minneapolis personnel and their subcontractors contact prison officials prior to obtaining access to the site. The necessary language to indemnify and hold harmless the City on all claims due to APT Minneapolis operation, installation, or maintenance of their facilities has been included and reviewed by the City Attorney. Council Member O'Donnell asked what the funds would be used for. Staff advised allocation of the funds would be discussed at the next Council work session. Council Member Dahl asked about the number of existing tenants and total fee. Staff advised there are currently three (3) existing tenants. Each tenant is charged the same fee. Council Member Dahl moved to approve the antenna lease agreement with APT Minneapolis and to authorize and direct the Mayor and City Clerk to sign said agreement subject to proper insurance documentation and submittal from Pitt -Des Moines that installation of the proposed antennas will not affect the tower's structural integrity and warranty. 6 COUNCIL MINUTES FEBRUARY 28, 2000 411 Council Member O'Donnell seconded the motion. Motion carried unanimously. • • COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Anoka County Integrated Waste Agreement (3/4 Vote Required), Marty Asleson — Staff advised each year Anoka County receives moines from the Solid Waste Management and the State of Minnesota. These moines are called "SCORE funds". Anoka County makes these SCORE funds available to cities in Anoka County. These funds are intended to assist cities and townships of the County in meeting solid waste abatement/recycling goals. The City of Lino Lakes captured $29,271.68 from SCORE funds in 1999. Cities participating in the SCORE program are asked to sign a yearly agreement with the County. This agreement provides for a consistent set of program criteria for all cities participating in SCORE, and a cooperative relationship between the cities and the County. The City has been asked by Anoka County to sign the Year 2000 Lease Agreement for Residential Recycling Program. This agreement allows the City to capture dollars from SCORE for costs incurred in year 2000. Staff referred to a copy of the agreement. Council Member Dahl moved to sign the year 2000 Agreement for Residential Recycling Program with Anoka County, as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Consider Majestic Pines Community Church Conditional Use Permit and Site Plan Review (3/4 Vote Required), Jeff Smyser/Cindy Sherman — Staff advised a new staff report has been prepared by Cindy Sherman of Northwest Associated Consultants. The latest submittal includes a site plan, building elevation, and landscaping plan. No grading/drainage or utility plans were submitted. Staff advised they couldn't make a recommendation without complete information. If the Council is comfortable with the revised plans that were submitted, the applicant can proceed with the additional drawings. This project received a recommendation of approval, with conditions, from the Planning and Zoning Board. It last came to the Council on December 20, 1999. It was extended 90 days with the applicant's agreement. The 90 days would bring it to March 19, 2000. The March 13, 2000, Council meeting would be the last Council meeting when the Council could act on the application before the extension expires. It may not be possible for the grading plans to be completed and still allow enough time for a full engineering review in time for the March 8, 2000, work session. If the Council is prepared to recommend approval, another extension likely will be needed. Ms. Sherman reviewed the revised plans that were submitted in detail. She advised the site plan has been modified to address concerns that were previously raised. Increasing the setback from Centerville Road for the building and parking allows more landscaping and a significant berm to 7 • • COUNCIL MINUTES FEBRUARY 28, 2000 provide some screening. The exterior finish of the building is proposed to be upgraded to include a brick face. Parking areas and drive aisles have been reduced which eliminates some pavement and provides more green space on the site. Overall, the changes appear to create a site that is more compatible with the surroundings through the use of setbacks, landscaping and a reduction in paved surface. Council Member Carlson asked if the footprint of the building has changed. Ms. Sherman advised the footprint has changed slightly to 26,016 square feet. Mr. Steve Valentine, Pastor of the church, came forward and thanked everyone present that is supportive of the project. He asked those who are in favor of the project to stand up. Pastor Valentine gave the background of the church and how they have gotten to this point in the process. He stated the church has a saying "People matter to God and they matter to us". He stated the church is here to serve and support the community. The Church staff believes they would be a good neighbor. Mr. Gary Nordness, Developer of the project, came forward and identified the size of the site noting the impervious surface is 15%. The remainder of the site is wetland and green area. He stated the applicant has worked with City staff, various City Boards, and the neighborhood. All changes to the plan enhance the project. The project will enhance the land purchased for the athletic complex also. Mr. Nordness reviewed the revised plan in detail noting the changes were due to the reaction of City staff, City Boards, Council Members, and the neighbors. Council Member O'Donnell asked if the site utilization is from the cattails or ordinary high water mark. Mr. Nordness advised the site utilization be from the ordinary high water. Mr. Mark Finnemann, Architect for the project, stated he believes the church is a good use for the site. Changes will take place in the area regardless of whether or not the project is approved. He indicated he did not understand why staff could not give a full recommendation. He stated he believes that all issues relating to the final engineering plan can be resolved. The applicant tried to meet all the concerns of the neighborhood. He referred to drawings showing the different views of the building from the street. He noted that all guidelines were met in the original plan. The plan is now a better plan. The applicant has agreed to share parking with the athletic complex. The building is well buffered. He reviewed the building, colors and materials that were used to meet all the neighborhood concerns. He stated he would really like to see the project come to a conclusion this evening. Mr. Nordness noted a perpetual easement was granted to the City that will access the athletic complex. 8 COUNCIL MINUTES FEBRUARY 28, 2000 • Mayor Bergeson thanked residents for all the public input regarding the project. He asked that anyone present to speak limit their comments to new information. • • Council Member Dahl asked for those in opposition of the project to stand up. She also asked how many of them are residents of Lino Lakes and members of the church. Mr. Dennis Moravec, 1648 Holly Drive, came forward and stated the presentation has only included positive comments regarding the project. He stated he does not believe the project is positive for his neighborhood. The question is if the project is a good land use for the area. He stated it does not fit in with the neighborhood. The City's zoning ordinance has nine (9) standards that must be met to obtain a conditional use permit. He stated the project does not meet any of the standards. He noted that traffic is an issue and the project will not generate taxes for the City. The Zoning Board has already determined that the area will remain rural. Mr. Moravec continued stating the Environmental Board determined the size and use of the project is not compatible with the area. The building is a multi -use facility that will be used seven (7) days a week. He added the developer told the residents what they wanted to hear at the neighborhood meeting. He noted he does not want a day care in the area and the project is not harmonious to the neighborhood. Mr. Gerald Clausen, 6109 Baldwin Lake Road, stated he has lived in the City since 1952. The City has to put up with development. He referred to a newspaper article that raised questions about traffic, what a church should look like, the affect on the lake, and whether or not Council Members feel the project is an asset to the community. He stated the facility is a nice building and will be an asset to the community. He indicated he is in support of the project. Mr. Art Hawkins, 6102 Centerville Road, stated he was present at the public hearing in December 2000. He reviewed four (4) questions he has regarding the appropriateness of the project. He stated the advice of the previous Council should not be cast aside. Mr. Mike Wagner, liaison between the church and developer, came forward and distributed copies of eleven letters from families who support the project. Mr. Rob Rafferty, 1573 Merganser Court, came forward as a resident of the City. He noted he was not on the Planning and Zoning Board when this item was presented. He stated the plan has come along way. The City must keep in mind that development is vital and the focus needs to be on growth that is beneficial to the whole community. The City is also responsible to the environment. Taxpayers have built homes in that area. The project does not fit with the neighborhood. Ms. Amy Donlin, 6100 Centerville Road, stated she is a member of the Environmental Board. The Board did discuss this issue and had strong concerns regarding the septic system and the proximity to the lake. 9 • COUNCIL MINUTES FEBRUARY 28, 2000 Ms. Donlin continued stating that as a resident, she is opposed to the project. The project does not meet all nine (9) criteria needed to obtain a conditional use permit. She stated that there was very good testimony at the December 1999, public hearing. She added that she hopes all Council Members can review the material from that meeting. Mr. Nordness stated the church wants to be a part of the community and has taken the neighbors concerns into consideration. He noted the applicant is only asking for approval of Phase I. The Council has been provided with information regarding a state of the art septic system. In regards to traffic, the church does operate on Saturday and Sunday. However, there are very few staff members in the facility during the week. He stated he believes the project is compatible with the community. Council Member Carlson asked if Phase II would have to go through the same process if Phase I is approved. Staff advised Phase II would have to go through the City process and need approval of an amendment to the conditional use permit. Council Member Dahl asked about the total square footage of the building. After much discussion, it was determined the square footage is approximately 35,000. Council Member Dahl asked about the amount of right-of-way that the County has if the road is widened. Staff advised the County has 33' at this time. An additional 27' will be acquired. Mayor Bergeson reviewed the following options regarding action on this project: 1. Approve with conditions. 2. Deny the application. The application can not come before Council again for one year. 3. Table the project until the next Council meeting with a clear understanding of what is still needed to take action. Staff advised they couldn't make a full recommendation until the final engineering plans are submitted and reviewed. Staff recommended the Council gives direction regarding the revised site plan. If the Council is satisfied with the revisions, the applicant can begin the engineering plans and ask for an extension for staff to review the plans. It is possible that the engineering plans could cause the site plan to change. Pastor Valentine stated $60,000 has been invested to get to this point. He stated he does not understand why the final engineering plans are an issue. Engineering plans were submitted with the original site plan and there were only minor revisions. He stated the church came to the Mayor and members of the administration from day one, which advised the church that this is an exciting project and therefore, they proceeded. He stated he would like Council direction this evening on whether or not to proceed. The church needs to find out if the Council wants them in the community. 10 COUNCIL MINUTES FEBRUARY 28, 2000 Council Member O'Donnell moved to move forward with the approval process subject to the • following: • • 1. The applicant agrees to extend the review process period. 2. Final staff approval is received for the final site plan submitted by the applicant. Council Member Carlson seconded the motion. Council Member Carlson stated the project originally came before the Planning and Zoning Board in August 1999. The project has been delayed several times. The project finally came before Council in December 1999. At that time, one Council Member was in favor of the project. She stated she has tried to look at both sides. The issue is if the church belongs on that site. She stated that when the project came before the Planning and Zoning Board, she was opposed to the project. She referred to the criteria needed to obtain a conditional use permit noting the standard regarding a project being harmonious. She stated she is not sure about the character. Council Member Carlson continued stating the building is 71 times larger than the nearest house. The building size is 79,027 for both phases. A building this size cannot be screened. She stated the project is not harmonious with the area and she cannot support the project. Mayor Bergeson stated he is in favor of the motion. The notion of a project being harmonious is in the eye of the beholder. There is no engineering standard that can obtain that concept. The applicant has made great changes in the plan. He advised that he believes the project is harmonious. A church is a permitted use in all zoning areas. The applicant has done everything right to construct on this site. He added that if the project is denied, the City must prepare findings of fact, which is required by state law. Council Member Dahl stated no one is opposed to a church being developed within the City. She referred to the residents who spoke in opposition to the project and stated she is concerned about the size of the building. She stated she is also concerned about the property not being within the MUSA boundary. She stated the project is not harmonious and will change the character of the area. She advised she couldn't support the project. Council Member O'Donnell expressed concern regarding opportunity for a good project and the possibility of something undesirable is being developed there. Pastor Valentine asked if the same criteria would be used when the property to the north is developed. Staff advised an athletic facility does not require a conditional use permit so the requirements will be different. Mr. Nordness stated the applicant would respect the Council's decision. He expressed concern regarding the legality and use of the land. He stated they worked very hard to develop a proposal that meets all the criteria. He referred to the size of a pole barn being placed next to a 11 COUNCIL MINUTES FEBRUARY 28, 2000 home. He stated that Council should not identify a home that is in the area when the home may be • sold. The house will be surrounded by the athletic facility on two (2) sides. • • Mayor Bergeson asked for a roll call vote clarifying that a no vote will bring the project to an end. Council Member Carlson voted no. Council Member Dahl voted no. Council Member O'Donnell voted yea. Mayor Bergeson voted yea. Motion failed with Council Member Carlson and Dahl voting no. Mayor Bergeson called for a short break at 9:05 p.m. Mayor Bergeson reconvened the meeting at 9:15 p.m. Consider Site Plan Approval for Anoka County Beach Project (3/4 Vote Required), Jeff Smyser — Staff advised the application from Anoka County Parks is for a site and building plan review for four (4) structures on the west side of Centerville Lake. The buildings represent further development of an existing beach facility area. The site is within the Rice Creek Chain of Lakes Regional Park Reserve (the Park). The Park is zoned PSP Public Semi -Public. Public parks and recreation facilities as well as all -public county government buildings are permitted uses in this zoning district. The site is within a shoreland overlay district as well, so shoreland regulations apply. All buildings are well under the 45' maximum height allowed by the zoning ordinance. Because the facilities are within the large Park, the site plan meets the maximum building coverage and minimum green space requirements for the zoning district, which are both 35%. The shoreland maximum coverage of 60% also is not a problem. The shoreland ordinance classifies Centerville Lake as a recreational development lake and requires a setback of 75' from the ordinary high water level. The ordinary high water level has not been specifically determined for Centerville Lake. However, staff from the MN Department of Natural Resources (DNR) notes that the ordinary high water level is stable and is about the same as the shoreline on this lake. The buildings are over 140' from the shoreline at the closest point. The City Building Inspector will review building permit applications. Staff reviewed the site and building plan in detail. Staff noted the Environmental Board reviewed this project at its January 26, 2000, meeting. The Board had no recommendations on the project. The Planning and Zoning Board voted on February 9, 2000, to recommend approval of this application with a 6/0 vote with a condition. 12 • • COUNCIL MINUTES FEBRUARY 28, 2000 Council Member Dahl moved to approve site and building plan as submitted based on the following condition: 1. Final utility plans shall be submitted for review by and obtain the approval of the Lino Lakes City Engineer. Council Member Carlson seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 02 — 2000, Amend Zoning Ordinance to add Exterior Storage as a Conditional Use in the LI, Light Industrial Zoning District (4/4 Vote Required), Mary Kay Wyland — Staff advised the Council approve the first reading of Ordinance No. 02 — 2000 at the February 14, 2000, meeting with an amendment to one of the criteria established in review of an exterior storage request. That amendment provided that "the storage area shall be screened 100% from residential properties". The ordinance has been drafted to reflect the amendment. Staff recommended approval of the SECOND READING of Ordinance No. 02 — 2000. Council Member Carlson moved to approve SECOND READING of Ordinance No. 02 — 2000, as presented. Council Member Dahl seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 02 — 2000 can be found at the end of these minutes. Consider Shiloh Community Church Conditional Use Permit (3/4 Vote Required), Mary Kay Wyland — Staff advised Shiloh Church of Lino Lakes has approached the Lino Lakes Senior Citizens requesting permission to use their space at 1189 Main Street (old city hall) for church services. The property is Zoned Rural. Churches are only allowed with a conditional use permit (CUP). The Seniors lease a portion of the City's building at 1189 Main Street. The Seniors asked the Council in October 1999, if it would be acceptable for them to schedule other groups in their space. The Council was comfortable with this, and they agreed that the Seniors could do so. However, neither staff nor the Council knew the contemplated use was a church. When staff learned this, after the church began using the facility, staff advised them they needed a CUP. The Shiloh Church has, therefore, submitted this application for a CUP to use the old city hall building for their church services. In addition to the church needing a CUP, the City's lease with the Seniors did not provide for other users. City staff has reviewed that lease and is revising it to ensure that the Seniors can schedule other users in the building and that a church can be accommodated. The Seniors will 13 COUNCIL MINUTES FEBRUARY 28, 2000 • be able to schedule their leased spaced according to guidelines in the lease document. These guidelines will include churches with a CUP. • • Staff reviewed the required CUP findings and criteria. Staff recommends approval of this conditional use permit based on the listed findings and criteria and conditions. Staff noted the Planning and Zoning Board held a public hearing on February 9, 2000, and recommended approval based on conditions with an amendment providing placement of the sign 24 hours prior to church events. Staff added that Mr. DeGardner and Ms. Peg Smith recommended the placement of the sign be allowed one hour prior to church event. Mayor Berge son stated there are a number of churches in Shoreview that rent facilities. None of them have a sign up the day before an event. However, placement of the sign only one hour prior to events may be too restrictive. Staff advised the concern with 24 hours is that the facility is a public facility. The time may be extended to a couple of hours. Council Member Dahl asked if staff is comfortable with the placement of the sign the "day of'. Staff advised that from a planning perspective a clear defined time is desired. The hour limit could be extended. Council Member Carlson moved to approve Conditional Use Permit for Shiloh Church based on the findings in the report and based on the following conditions as amended by the Planning and Zoning Board: 1. Shiloh Church shall enter into a facility use agreement with the Lino Lakes Seniors subject to the Seniors' lease with the City. 2. Adequate parking must continue to be available. Parking shall be reviewed annually by City staff to assure adequate capacity for continued use of the facility by the Church. If parking becomes inadequate due to growth in church membership, the City may require the church to relocate. The City shall establish a reasonable amount of time for the church to do so. 3. The church will be allowed a temporary sign, to be placed no more than two (2) hours prior to events and removed two (2) hours following events. The sign size and other characteristics shall meet the requirements of the City's Sign Ordinance (no flashing beacons). A sign permit is required. Council Member O'Donnell seconded the motion. 14 • • COUNCIL MINUTES FEBRUARY 28, 2000 Council Member Dahl suggested the time is changed to six (6) hours before the event and 1-2 hours after the event. Council Member Carlson advised two- (2) hour's prior and two (2) hours after the event is a compromise from the staff recommendation. Six (6) hours is too long. Mayor Bergeson expressed concern about six (6) hours being too long. There are many days that mixed uses of the facility may occur and functions overlap. Council Member Dahl noted the Senior Center has a marquee. Staff advised two (2) hours are more than adequate. The intent of the church is to provide a place for services. Motion carried unanimously. FIRST READING, Ordinance No. 17 — 99, Easement Vacation, Oak Brook Peninsula (4/4 Vote Required), John Powell — Staff recommended Council table this item to the March 27, 2000, Council meeting. Council Member Dahl asked if a stipulation regarding the time frame has been set. Staff advised the first meeting has already been held. The mediation service will determine how long it will take to resolve the issue. Council Member Dahl moved to continue the FIRST READING, Ordinance No. 17 — 99, to the March 27, 2000, Council meeting. Council Member Carlson seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS Cable Installation on County Road J, Council Member Carlson — Council Member Carlson advised she received (2) calls from residents regarding a company doing cable installation along County Road J. She stated residents are complaining about equipment and trash being left on their property. Staff advised they will contact the County that issued the permit for the work and advise them about the unsatisfactory clean up. Staff requested that in the future Council contact staff directly about these types of problems within the City. COMMUNITY CALENDAR FEBRUARY 28, 2000 THROUGH MARCH 13, 2000 Special Planning and Zoning Board Meeting, Wednesday, March 1, 2000, 7:00 a.m. 15 COUNCIL MINUTES FEBRUARY 28, 2000 • EDAC Meeting, Thursday, March 2, 2000, 7:00 a.m. Park Board Meeting, Monday, March 6, 2000, 6:30 p.m. Council Work Session, Wednesday, March 8, 2000, 5:30 p.m. Planning and Zoning Board Meeting, Wednesday, March 8, 2000, 6:30 p.m. City Council Meeting, Monday, March 13, 2000, 6:30 p.m. SPECIAL CITY ELECTION, TUESDAY, MARCH 14, 2000, 7:00 A.M. to 8:00 P.M. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 9:45 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, June 26, 2000. Ry-Chel Gaustad, CMC City Clerk John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Of Site Secretarial, Inc. • 16