HomeMy WebLinkAbout05/22/2000 Council Minutes (2)COUNCIL MINUTES MAY 22, 2000
CITY OF LINO LAKES
MINUTES
DATE : May 22, 2000
TIME STARTED : 6:40 P.M.
TIME ENDED : 9:15 P.M.
MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson
MEMBERS ABSENT : None
Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City
Engineer, John Powell; Community Development Director, Brian Wessel; City Planner, Jeff Smyser;
Public Services Director, Rick DeGardner; Planning Coordinator, Mary Kay Wyland (part); Police
Sergeant Steve Mortenson (part); and CMC City Clerk, Ry-Chel Gaustad
Mayor Bergeson advised Council Members will go into a closed session with the City Attorney to
discuss eminent domain proceedings on Apollo Drive.
Council Member Dahl moved to go into a closed session at 6:4 ember Carlson
seconded the motion. Motion carried unanimously.
During the closed session the Council discussed e o and the City Council's options for
advancing the project.
Mayor Bergeson reconvened the meet
SETTING THE AGENDA
Item 3B, Resolution 00 8, Consideration of a Cabaret License for St. Joseph's Catholic
Church August Festivd to Item 1D.
Item 3C, Resolution No. 110 — 59, Consideration of a 3.2 Non -Intoxicating Malt Liquor License for
St. Joseph's Catholic Church August Festival, was moved to Item 1E.
The amended agenda was approved as presented.
CONSENT AGENDA
Council Member Carlson moved to approve the Consent Agenda, as amended. Council Member Dahl
seconded the motion. Motion carried unanimously.
ITEM ACTION
MINUTES:
COUNCIL MINUTES MAY 22, 2000
April 24, 2000, City Council Meeting Approved
May 3, 2000, Council Work Session Approved
DISBURSEMENTS:
May 22, 2000 (Check No. 58853 —
59003, $380,352.71) Approved
Centennial Fire District Approved
Resolution No. 2000 — 66, Allocating
Lease Revenue Approved
Resolution No. 2000 — 58, Cabaret License for
St. Joseph's Catholic Church Approved
Resolution No. 2000 — 59, 3.2 Non -Intoxicating
Malt Liquor License for St. Joseph's Catholic
Church
OPEN MIKE
No one was present for open mike.
ADMINISTRATION DEPART . DAN TESCH
4%o
Fill Advisory Board Vaca
have left vacancies on
and Environmental Bo
to Required), Dan Tesch — Staff advised circumstances
ng advisory boards: Economic Development Advisory, Park Board,
The Council has intervi .- = ed applicants on three (3) separate occasions. This evening, it was the
consensus of the Council to appoint certain individuals.
Mayor Bergeson noted the Council will approve the appointments this evening. However, the names
will not be made public until all candidates have been notified.
Council Member O'Donnell moved to approve the appointments as determined by the City Council to
the Economic Development Authority, Park Board, and Environmental Board. Council Member
Carlson seconded the motion. Motion carried unanimously.
Resolution No. 2000 — 60, Authorizing Application to Permit the Lino Lakes Lions Club
International to Conduct Lawful Gambling at the American Legion Post 566, 7731 Lake Drive
(3/5 Vote Required), Ry-Chel Gaustad — Staff advised Resolution No. 2000 — 60 relates to
authorizing the Lino Lakes Lions Club International to conduct lawful gambling on the American
COUNCIL MINUTES MAY 22, 2000
Legion premises located at 7731 Lake Drive. This is the Lions Club International's second request
to conduct gambling within the City of Lino Lakes. The Lions Club canceled their first gambling
permit in 1989 because of their lack of interest. In accordance with the City ordinance the necessary
members reside within the City of Lino Lakes, a notarized list is being provided.
The State of Minnesota is required to conduct background investigations and verify that all state
requirements are met. Moreover, the state grants the final authorization to conduct lawful gambling.
This application is good for the period of two (2) years, at which time the council may be asked to
revisit the renewal application procedure.
Mayor Bergeson advised two (2) members of the City Council are members of the Lions Club. He
asked for clarification from the City Attorney as to whether they can vote on this item.
The City Attorney advised the Council Members can vote as they have no direct financial interest or
benefit relating to this issue.
Council Member Dahl moved to adopt Resolution No. 2000 — 60, as p Council Member
Reinert seconded the motion. Motion carried unanimously.
Resolution No. 2000 — 60 can be found in the City Clerk's o
Consider Authorization of New Liquor Club L' merican Legion Post 566 (3/5
Vote Required), Ry-Chel Gaustad — Staff refe pplication for a Club Liquor License
submitted by Mr. Bob Moser. The old Po ` p ��. ��`(7731 Lake Drive) was purchased on
August 9, 1999, by the American Le • s are to complete the remodeling of this building
and to be prepared for business of 1, 000. However, prior to being open for business
both a Cabaret and Club Liqu • _ •ere• uired.
Investigator Mr. Matt a c r cted a background criminal investigation on Robert Moser and
Terrance Randall and , 3 • N `+blems. Staff referred to a memo from the investigator and a copy
of the certificate for dr o insurance.
In accordance with the City Code, 701. Liquor Licensing. Section .02 Subd. 5 Club License the
American Legion qualifies for a Club Liquor License. The Club License shall be issued only to
incorporated clubs which have been in existence for fifteen years or more, or to congressionally
charged chartered veterans' organizations which have been in existence for ten years, and shall permit
on -sale of liquor to members and bona fide guests only.
In keeping within the City Code guidelines, a condition of the license is that this license should not be
granted to the American Legion for operation for which taxes, assessments or other financial claims
of the city are delinquent and unpaid, however, this is not he case. Special assessments for utilities
will be placed on the property for 20 years, starting year 2001.
The applicant is fully aware license approval is subject to all the provisions and conditions of the laws
of the City, State and of the Federal Government.
3
COUNCIL MINUTES MAY 22, 2000
Council Member Carlson inquired about the new fee schedule and if it will apply in this case. Staff
advised the Club Fee has not changed.
Council Member Reinert moved to approve application for new liquor club license for the American
Legion Post 566, as presented. Council Member Carlson seconded the motion. Motion carried
unanimously.
Consider 2000 Liquor License Renewals (3/5 Vote Required), Ry-Chel Gaustad — Staff advised
the 2000 liquor licenses are scheduled to be renewed, effective July 1, 2000. Eight (8) licensees
tendered applications for the renewal process. In comparison to past years, the City Clerk's office
took the initiative to simplify the application process. By condensing the information and making
other adjustments on the application, 1-1/2 hours was eliminated from the processing time. The
expected time to complete the past application process was approximately two (2) hours. Several
liquor licensees noted the new liquor license renewal process was warranted and welcomed.
The following reflects the new time changes made to the liquor license renewal process:
Item Time to C
Application 15
Certificate of Insurance
Liquor License Payment
Total Time to Process Informati mutes
1, :11Q
es
The City staff works in conjunction with ent of Safety, Alcohol and Gambling
Enforcement Division to ensure com. ' . ate and City standards. The City staff verifies
property tax and liquor payment, . n . i nal investigations, City Code compliance, and
brings outstanding concerns t• r oun 's attention. The State requires City approval prior to
their investigation and auth •rder for the State to complete their process, they request the
City to submit the req work 30 days prior to the liquor license renewal.
Staff referred to a sprea eat depicts the status of each license holder. It was noted that all
license holders, except t 49 Club, have submitted the required information. Unfortunately, without
the 49 Club's information, the City Clerk's office is unable to determine the status of the
establishment. Therefore, City Clerk's Office recommended the 49 Club be removed from Council's
consideration until appropriate information is submitted from the establishment.
The Administration Director expressed concern regarding the pending aspect of some of the
establishments. He suggested this item wait until the next Council meeting.
Staff advised the Police Department has been notified and they have no concerns regarding the
establishments.
Council Member Reinert inquired about the City notifying the 49 Club regarding their application.
Staff advised they have contacted the applicants several times. All the applicants excluding the 49
4
•
COUNCIL MINUTES MAY 22, 2000
Club have responded in a timely manner. The 49 Club is in the process of an ownership change that
may have caused the delay.
Mayor Bergeson advised there have been two (2) establishments that are allegedly in violation of
liquor laws. He inquired about the allegations in regard to the applications.
The City Attorney advised the allegations could be a basis for non -renewal of the liquor license.
However, the approval is subject to review and the Council has the right to bring the application back
and take action to deny or to penalize the establishments after a proper public hearing.
Council Member O'Donnell inquired about the new fee schedule and if it will apply to these
applications. Staff advised the new fees will effect the July 1, 2001 liquor renewal process.
Council Member Reinert moved to approve the 2000 Liquor License Renewal Applications
contingent upon satisfactory background check, receipt of remaining information, confirmation of
payment of taxes and satisfying the City Code requirements for all establishments except the 49 Club.
Council Member Dahl seconded the motion. Motion carried unanimo
Staff clarified that the 49 Club was not included in the Council
Resolution No. 2000 — 61, Authorize Solicitors Licen
Staff advised Ms. LeeAnn Michelle Mather of So
to go door to door and solicit educational stud
young children. Ms. Mather has complie
obtaining the necessary license, with®
quired), Ry-Chel Gaustad —
pany has submitted an application
dbooks and early learning products for
rovisions of the Lino Lakes City Code for
e completed background check.
Staff recommended approval n N 2000 — 61, contingent upon a satisfactory background
check.
Council Member Dahl t dopt Resolution No. 2000 — 61, contingent upon a satisfactory
background check. Co ember Carlson seconded the motion. Motion carried unanimously.
Resolution No. 2000 — 61 can be found in the City Clerk's office.
Consider Resolution No. 2000- 39, Fee Schedule (3/5 Vote Required), Ry-Chel Gaustad — Staff
referred to an updated copy of Resolution No. 2000 — 39, Fee Schedule, as was discussed at the
Council work session.
Staff recommended approval of Resolution No. 2000 — 39 as presented.
Council Member Reinert suggested the on -sale liquor license fee be increased incrementally at $500
per year so it is not an immediate increase to the liquor establishments.
Mayor Bergeson advised the motion can be made to include an incremental fee or the fee schedule
can be approved excluding the on -sale liquor license fee.
COUNCIL MINUTES MAY 22, 2000
Council Member Reinert moved to approve Resolution No. 00 — 61, amending the on -sale liquor
license fee to be incremental over a three -(3) year period at $500 per year. Council Member Dahl
seconded the motion.
Council Member Dahl asked for clarification regarding the first year's fee.
Council Member Reinert stated he is proposing that the fee begin at $3,000 and increase $500 per
year over a three (3) year period.
Mayor Bergeson inquired about where the proposed fee of $4500 came from. Staff advised a survey
from surrounding communities similar to Lino Lakes population was provided for Council Members
at the work session. From the survey Council Members derived at the $4,500 figure.
Council Member Carlson stated she reviewed the survey. The average fee on the survey was over
$4,500 three (3) years ago. She stated $4,500 is below average. She stated she does agree however,
with an incremental increase.
Motion carried unanimously.
Resolution No. 2000 — 39 can be found in the City Cler
Resolution No. 2000 — 65, Centennial Fire Reli
Required), Ry-Chel Gaustad — Staff adv.
application for the Centennial Fire Fi
continue participating in gamblin
conducted a criminal history
authorized representatives
experienced any diffi
44
tion Gambling Renewal (3/5 Vote
eived a premises permit renewal
ssociation. The Fire Fighters would like to
80 1 Lake Street, Lino Lakes. The Police Department
lvard, Desmond Englund and Kathy Mischke who are
'al Fire Fighters Relief Association. The City has not
s organization acquiring a gambling permit.
Council Member Carls
Dahl seconded the moti
o`''ed to adopt Resolution No. 2000 — 65, as presented. Council Member
Motion carried unanimously.
Resolution No. 2000 — 65 can be found in the City Clerk's office.
PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
Resolution No. 2000 — 63, Accepting Donations from the VFW Post 6583 and Circle Lex VFW
Ladies Auxiliary Post 6583 for the School Patrol Program Appreciation Day Event (3/5 Vote
Required), Sergeant Steve Mortenson — Staff advised the Circle Lex VFW Post #6583 and the
Circle Lex VFW Ladies Auxiliary Post #6583 have donated $660.00 to the Lino Lakes Police
Department Safety Patrol program. The moneys will be used for the transportation cost to the Mall of
America/Camp Snoopy appreciation day where elementary patrol members will be taken to Camp
Snoopy for a day of amusement and rides.
6
COUNCIL MINUTES MAY 22, 2000
• Council Member O'Donnell moved to adopt Resolution No. 2000 — 63, as presented. Council
Member Dahl seconded the motion. Motion carried unanimously.
Resolution No. 2000 — 63 can be found in the City Clerk's office.
PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
There was no Public Services Department report.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL
SECOND READING, Ordinance No. 08 — 00, Vacation of 74th Street (4/5 Vote Required), Mary
Kay Wyland — Staff advised Mr. Gary Uhde, owner of the Apollo Business Center, is requesting
vacation of the 74th Street right-of-way between Apollo Drive and Jon Avenue. The roadway is
currently unused and inaccessible from the east. The City has determined that the road right-of-way is
not needed for public purposes, however, the City will need to retain a drainage and utility easement
over the vacated right-of-way.
The City has received a letter from the Minnesota Correctional i ' P Plant Director
indicating no objections to the roadway vacation provided th r ge 1 ty easement is maintained.
The Correctional Facility's utilities are currently within S fight -of -way.
The City Council held a public hearing and a ' . ro d the => st reading of this ordinance at their May 8,
2000, meeting. Staff recommended approreading of Ordinance No. 08 — 00, as
stipulated in the City Charter.
Council Member Dahl move ' SE ND READING of Ordinance No. 08 — 00, as
presented. Council Membe s nded the motion.
Council Member Carl a. Council Member Dahl voted yea. Council Member O'Donnell
voted yea. Council Me r einert voted yea. Mayor Bergeson voted yea.
Motion carried unanimously.
Ordinance No. 08 — 00 can be found in the City Clerk's office.
Variance for Carl Johnson, 310 Carl Street (3/5 Vote Required), Mary Kay Wyland — Staff
advised this case involves a request for a Variance from the City's Zoning Ordinance, Section 3,
Subd. 4.D. Accessory Buildings and Structures, 1. General Provision. c. No detached accessory
structure shall be closer to the front lot line then the principal building or its attached garage.
Mr. Carl Johnson is the owner of Lot 11, Block 1, Lino AirPark North, and has been since October of
1996. The property is Zoned Rural, and is approximately 1.4 acres in size. When Mr. Johnson
purchased this lot, the City's Zoning Ordinance did not contain the provision outlined above and, in
fact, allowed accessory buildings and structures anywhere on the lot provided required setbacks were
COUNCIL MINUTES MAY 22, 2000
maintained. Special provisions allowed AirPark lots 3200 square foot hangers. The section of the
ordinance referenced above was added to the Zoning Ordinance when it was amended in July of 1997. •
Mr. Johnson is, therefore, asking for a Variance from this section of the ordinance to allow
construction of a hanger in front of the principal building.
A review of the file on the Lino AirPark North reveals the following:
• The Lino AirPark was originally platted in 1976, at that time, Carl Street did
not extend past Lot 9 due to a large ditch.
•
• The Developer, Roger Kolstad, requested information concerning extending
Carl Street to serve lots 10 —14 in July of 1993 at which time a development
agreement was drafted by the City Engineer, Darrel Schneider.
• The final Development contract for Lino AirPark North, Lots 10 —14, was
signed and financial guarantees posted in May/June of 199
• A Rice Creek Watershed District permit w , d ° • approved in August
of 1996, this permit provided ponding and flo ver Lots 10 —14 with
specified areas for septic systems, hangers an o The development plan
indicated all hangers on the runway side ts.
•
The roadway and pon. - completed in September of 1996.
• On October 1 1 Johnson requested a revision to the ponding and
flowage easements t The RCWD and the City Council approved this
revision. Th ; la of Survey presented at that time showed the proposed
dwelling on e of the lot and the hanger on the Carl Street side of the lot.
There . • ssion, at that tie, concerning the hanger location as the Zoning
Ordinan • address the location of accessory structures outside of setback
restrictio a; nor did it prohibit accessory structures in front of the principal building.
• On October 14, 1996, the City Council also discussed ponding and grading
issues on the AirPark property that were completed without permission, or easements,
from the AirPark Association. The Council ordered that no further building permits be
issued for the Lino Air Park North until resolution of the easement situation (building
permits were issued for Lots 13 & 14 September and October of 1996, therefore, the
moratorium applied only to Lots 10, 11, & 12. On October 23, 1996, the City
Engineer (Dave Ahrens) sent a memo to the Building Official advising him that no
permits were to be issued for the Lino AirPark North until further notice. On April 23,
1998, the City Engineer notified the Building Official„ that permits could now be
issued for the remaining lots.
Mr. Johnson has submitted a letter outlining his reasons for the variance request. To summarize, he
believes the moratorium on construction of his lot was beyond his control. He further states that, in
•
COUNCIL MINUTES MAY 22, 2000
his opinion, the runway is the predominant feature of the property and he would like his home
oriented to the south toward the runway with the hanger adjacent to Carl Street. Mr. Johnson has also
submitted a letter signed by the owners of Lots 9, 12, 13, 14 and from the Vice -President and
Secretary of the AirPark Association indicating no objection to the variance request.
There are 19 developed lots within the AirPark. Three (3) have hangers in front of the dwelling, one
(1) has an attached hanger, eight (8) have hangers on the side or behind the principal building, and
seven (7) have no hanger.
In considering all requests for variance or appeal and in taking subsequent action, the City shall make
a finding of fact:
1. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
2. That the plight of the landowners is due to physical circumstances unique to his
property not created by the landowner.
3. That the hardship is not due to economi
reasonable use for the property exists under t e o "ordinance.
one and when a
4. That granting the variance r of confer on the applicant any
special privilege that would be de s or finance to other lands, structure, or
buildings in the same distri
5. That the pr
ordinance.
1 be in keeping with the spirit and intent of the
Staff advised the curr-. , om rdinance prohibits the construction of an accessory building in
front of the principal s a development plan for the lots in Lino AirPark North initially
indicated that the hang ca''y on would be toward the runway. The unique nature of the drainage
easement on the lot does of constitute a hardship because the home and accessory building could be
constructed to meet the requirements of the Ordinance by location the hanger to the rear of the lot.
Staff, therefore, is recommending denial of the requested variance.
Staff noted the Planning and Zoning Board reviewed this item at their May 10, 2000, meeting and
concurred with the staff recommendation of denial on a 5-0 vote (Corson and Lane being absent).
Council Member Carlson advised the property was purchased in 1996 at the same time a moratorium
was put on building. She stated the applicant did have approval from the Rice Creek Watershed.
District. She reviewed the background of the City ordinance and clarified that the ordinance was
passed during the moratorium.
9
COUNCIL MINUTES MAY 22, 2000
Council Member O'Donnell inquired about the three -(3) homes that do have hangers in the front.
Staff advised the three (3) properties that have hangers in the front are part of another development
project. This area has no hangers in the front.
Mr. Carl Johnson, applicant for the variance, came forward and stated the City did not cause the
problem. In the City's effort to resolve the problem a moratorium was placed on building on the
properties. At the same time the grading plan was accepted. Placement for the buildings is key to the
runway and exposure to the home. He gave the background of his property and the events that led to
the variance request. He noted the hanger facing the runway will block the entire front of the house.
A hanger on the east side would functionally work but cost much more. He added the neighbors are
not opposed to his request but have asked that he soften the look of the hanger.
Mr. Glen Martig, 376 Carl Street, Vice -President of the Air Park Association, came forward and
stated the association has reviewed Mr. Johnson's plans and approved the plan. There are no
objections from the neighbors. He stated there are three (3) other hangers in front on Carl Street. He
requested Mr. Johnson be grandfathered in and granted the variance.
Mayor Bergeson asked if the hanger could be closer to the street if
advised that if the hanger were attached to the house it would b
is another property that has an attached hanger, so in a sense
ed to the house. Staff
tached garage. There
e house.
Council Member Reinert clarified with staff that t to was put into effect before the
ordinance was passed.
Council Member O'Donnell moved t variance as requested. Council Member Carlson
seconded the motion.
Council Member O'Donnel ooks at variances strictly relating to the findings of fact. He
stated that he is coni no g Mr. Johnson did is causing the variance request.
Council Member Dahl e•`.ecause the circumstances were out of Mr. Johnson's control. She
asked if this is the only :__ a in the City that has this type of problem. Staff advised another area could
be Surfside Sea Plane.
Council Member Dahl advised Mr. Johnson has done everything he can and is supportive of his
request.
Council Member Reinert stated this area is unique to the City and is an amenity to the City. The
ordinance is Citywide but this is a unique situation.
Council Member Carlson stated the Planning and Zoning Board denied the request on a 5-0 vote. She
stated the Council did receive additional information from Mr. Johnson that was not discussed at the
Planning and Zoning Board meeting. She stated she was skeptical but Mr. Johnson has shown every
intent to uphold the ordinance. The neighbors are not opposed and the AirPark Association has also
approved. She stated she is in support of the request.
10
•
•
•
COUNCIL MINUTES MAY 22, 2000
Council Member O'Donnell moved to amend the motion to include the structure on the Carl Street
side will be softened with landscaping and possibly false shutters or windows. Council Member
Carlson agreed to the amendment.
Motion carried unanimously.
Shirley Kay Project Extension (3/5 Vote Required), Jeff Smyser — Staff advised Shirley Kay's
restaurant is located on Lake Drive near Hodgson Road. On October 11, 1999, the City Council
approved a site and building plan and variances to allow a building addition to the rear of the
building.
Section 2, Subd. 5.E.2. of the Zoning Ordinance states:
Activities authorized by site and building plan approval shall be initiated within six (6)
months. If such activity is not completed within eighteen (18) months, the sit approval shall
no longer be in effect, and application and approval of site and plans shall be
required.
Under this requirement, the project should have begun April
and Don Moore, are in the process of acquiring financi
have requested an extension of the six -(6) month
representing the Moores and has sent a letter indi
The City Council approved the projec
of approval will still apply. If the
and review.
Thought the letter stat
the project initiation p
start date to July 10, 20
This would extend the c
qpated project start date within 30 days, staff recommends extending
aysto allow for contingencies. This would extend the required
f also recommended extending the project completion date by 90 days.
pletion date to July 10, 2001.
e property owners, Shirley
g expansion project. They
period. TJP Construction is
er several revisions to the plans. The conditions
ranted, the ordinance requires a new application
Council Member Dahl inquired about allowing them a longer extension. Staff advised there is
nothing to prevent the Council from granting a longer extension.
Mayor Bergeson inquired about the reason for the delay. Staff advised the applicant needs more time
to obtain financing for the project. The applicant is also looking at selling some of the parcel, which
also may have caused a delay.
Council Member Carlson inquired about the piece of property the applicant wants to sell and if it is
part of the parking. Staff advised the piece of property in question is quite a distance from the parking
area. The project will be built as approved by the City.
11
COUNCIL MINUTES MAY 22, 2000
Council Member Dahl moved to approve an extension of 90 days. This extends the project start day •
to July 10, 2000, and the project completion date to July 10, 20001. Council Member Reinert
seconded the motion.
Mayor Bergeson advised he is in favor of the extension. The project is a nice improvement for the
business and the City.
Motion carried unanimously.
Resolution No. 00 — 62, Receive Bids, Apollo Drive Phase IV (3/5 Vote Required), John Powell —
Staff advised sealed bids were received and publicly opened at 9:00 a.m. on Friday, May 19, 2000.
The low bid in the amount of $183,117.50 was received from Dave Perkins Contracting, Inc. The bid
is approximately 22% below the Engineer's Estimate. Staff referred to a copy of the complete bid
tabulation. The funding for this work is provided by assessments to the benefiting properties.
The City either needs possession of the right-of-way or a right -of -en nt to proceed with the
award of the contract. It is staff's understanding that neither of the d.
Council Member O'Donnell moved to adopt Resolution No. , a sented. Council Member
Dahl seconded the motion. Motion carried unanimousl
Resolution No. 00 — 62 can be found in the Cit ice.
PUBLIC HEARING, FIRST READ
Vacation (4/5 Vote Required), J
regarding settlement of this
understanding that the two -
Staff recommended thi
nce No. 99 —17, Oak Brook Easement
Stf advised no new information has been received
of the effected property owners. It is staff's
tinue to mediate.
ntinued to the June 26, 2000, Council Meeting.
Council Member Carlso oved to continue Public Hearing, FIRST READING, Ordinance No. 99 —
17, Oak Brook Easement Vacation, to the June 26, 2000, Council Meeting. Council Member
O'Donnell seconded the motion. Motion carried unanimously.
Resolution No. 00 — 67, Initiating Process to Adopt Tower Moratorium (3/5 Vote Required), Jeff
Smyser — Staff advised federal law requires that cities must not pass regulations that prohibit or have
the effect of prohibiting the provision of personal wireless services. As the City is on the "front lines"
of urban growth in the metropolitan region, it is probable that the City will be receiving more tower
applications in the foreseeable future.
Staff believes it is a good idea to plan ahead rather than just react to numerous individual applications
for new towers. Toward that end, staff is recommending that the City initiate a moratorium on new
tower construction until a towers location study is completed. This study will inventory existing •
facilities in the area with the goal of determining where new facilities likely will be needed. To the
12
COUNCIL MINUTES MAY 22, 2000
extent that the City can do this, it can plan for those locations and minimize the number of towers.
With the cooperation of surrounding communities in the planning study, the City can minimize the
number of new towers in all the communities and still provide for full PCS service in compliance
with federal law.
The City Attorney advised that once the City Council initiates the process by directing staff to prepare
a moratorium ordinance, the City can forestall approvals of applications for new towers until the study
is completed.
A moratorium on new tower applications will be treated as an amendment to the zoning ordinance.
The pubic hearing would occur at the June 14, 2000, Planning and Zoning Board meeting, as show in
the following schedule:
City Council meeting: initiate, process for adopting 90 day
Moratorium by directing staff to prepare ordinance and
Setting pubic hearing date May 22, 2000
Public hearing at Planning & Zoning Board 14, 2000
First Reading of ordinance at City Council meeting ,,► ` une 26, 2000
Second Reading of ordinance at City Cou ti July 10, 2000
Ordinance published in newspaper July 17, 2000
Ordinance effective (30 da. 'cat on) August 16, 2000
90 -day moratorium November 14, 2000
Resolution No. 00 — 6 s = e process for adopting a moratorium.
Council Member Reine oved to adopt Resolution No. 00 — 67, as presented. Council Member
Dahl seconded the motion. Motion carried unanimously.
Resolution No. 00 — 67 can be found in the City Clerk's office.
UNFINISHED BUSINESS - None
NEW BUSINESS - None
COMMUNITY CALENDAR MAY 22, 2000 THROUGH JUNE 12, 2000:
City Council Meeting, Monday, May 22, 2000, 6:30 p.m.
Special Comprehensive Plan Work Session, Friday, May 26, 2000, 7:00 a.m.
13
COUNCIL MINUTES MAY 22, 2000
City Hall Closed in Observance of Memorial Day, Monday, May 29, 2000
Environmental Board Meeting, Wednesday, May 31, 2000, 6:30 p.m.
EDAC, Thursday, June 1, 2000, 7:00 a.m.
Park Board Meeting, Monday, June 5, 2000, 6:30 p.m.
Council Work Session/County Meeting on Hodgson Road, Wednesday, June 7, 2000, 5:30 p.m.
Special Comprehensive Plan Work Session, Friday, June 9, 2000, 7:00 a.m.
City Council Meeting, Monday, June 12, 2000, 6:30 p.m.
ADJOURN
There being no further business, Council Member Dahl moved
to a 5 p.m. Council
Member O'Donnell seconded the motion. Motion carried un
These minutes were considered and approved at the re C nci eting, June 26, 2000.
7-;
Ry-Chel Gaustad, City Clerk
Transcribed by:
Kim Points
TimeSaver Off Site Se
14
John ergeson, Mayor