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HomeMy WebLinkAbout05/29/2007 Council Minutes (2)COUNCIL MINUTES May 29, 2007 APPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : May 29, 2007 6 TIME STARTED : 6:35 p.m. 7 TIME ENDED : 7:55 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : Council Member Reinert 11 12 Staff members present: City Administrator, Gordon Heitke; City Attorney, William Hawkins; 13 Community Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, 14 Jeff Smyser; Finance Director, Al Rolek; Fire Chief, Milo Bennet (part); and City Clerk, Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SPECIAL ANNOUNCEMENT 21 22 Mayor Bergeson announced that Lino Lakes received the 2007 Environmental Initiative Award for • 23 Green Building and Development associated with the I -35E Corridor AUAR Study. This was a 24 collaborative, interagency project and the Mayor offered thanks to advisory board members, 25 consultants and city staff, especially Community Development Director Grochala and City Planner 26 Smyser. 27 28 SETTING THE AGENDA 29 30 The agenda was amended to move Consent Item 1B, the minutes of the council work session of May 31 29, 2007, to Unfinished Business as Council Member Carlson was absent from the meeting. 32 33 CONSENT AGENDA 34 35 Council Member Carlson moved to approve the Consent Agenda, Items 1A through iF except Item 36 1B. Council Member O'Donnell seconded the motion. Motion carried; Council Member Reinert 37 absent. 38 39 ITEM ACTION 40 41 Consideration of Expenditures: 42 43 May 29, 2007 (Check No. 80091 through Approved 44 80227) in the amount of $411,766.75; • 45 1 COUNCIL MINUTES May 29, 2007 APPROVED 46 Centennial Fire District (Check No. 2662 through Approved 11047 2685) in the amount of $34,822.07 48 49 Consider approval of May 14, 2007 City Council Meeting 50 Minutes Approved 51 52 Consider approval of May 14, 2007 Liquor Compliance 53 Hearing Minutes Approved 54 55 Consider Resolution No. 07-76 approving application for Approved 56 temporary 3.2 beer license, cabaret license and exemption 57 for gambling permit for the annual St. Joseph's Catholic 58 Church Festival, August 11 & 12 59 60 Consider Resolution No. 07-77 approving an annual Approved 61 permit for the sale of consumer fireworks for Super Target 62 at 749 Apollo Drive 63 64 FINANCE DEPARTMENT REPORT, AL ROLEK 65 66 Resolution No. 07-80 providing for issuance and sale of $4,215,000 General Obligation Tax 67 Increment Bonds — Finance Director Rolek reviewed the proposed issuance noting that this bonding • 68 portion of the financing plan for the I -35W Lake Drive Interchange Project will be primarily funded 69 using tax increment, with MSA (Municipal State Aid) as a back up. Although the bonds carry a 70 general obligation, with all costs being MSA eligible a tax levy is considered just a safety net that is 71 never expected to be utilized. 72 73 Springsted Bond Counsel Terri Heaton noted that the rating from Moody's is pending, however, with 74 the city's good overall bond rating and a general obligation backing, these bonds should be very 75 marketable and she estimates they will come in with about a 4.1 percent interest rate. 76 77 Council Member Stoltz moved to approve Resolution No. 07-80 as presented. Council Member 78 O'Donnell seconded the motion. Motion carried; Council Member Reinert absent. 79 80 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 81 82 Miller's on Main Special Event, Request for variance from state fire code - Administrator Heitke 83 explained that the owner of Miller's on Main, Chad Wagner, has applied for a special event permit to 84 conduct his annual music and dance event in a tent adjacent to his property. During review of the permit 85 application, it was determined that the proposed tent setback would not meet state fire code requirements. 86 There is a process that allows for request of a variance at the state level but local authorities are requested 87 to consider the matter first. The state established criteria for considering a variance was reviewed as well 88 as the advisory that granting a variance in good faith leaves the city with no liability in the matter. The • 89 council viewed the site plan for the event with staff pointing out the area being considered for a variance. 2 COUNCIL MINUTES May 29, 2007 APPROVED 90 .91 Chad Wagner, owner of Miller's on Main, noted that the event site would be basically the same as 92 past years as indicated on the site plan provided with his application. Weather is a big consideration 93 for staging this event and a tent is vital. A smaller tent that would meet set back requirements 94 wouldn't be sufficient for the number of participants. 95 Fire Chief Bennet reported that he doesn't object to Mr. Wagner's variance request. 96 Council Member Stoltz moved to endorse the state fire code variance request acting in good faith and 97 based on the following criteria: 98 - there is substantial compliance with the provisions of the code; 99 - the safety of the public and occupants of such building will not 100 be jeopardized; 101 - undue hardship will result to the applicant unless such variance is granted; 102 Council Member Carlson seconded the motion. Motion carried; Council Member Reinert absent. 103 104 Miller's on Main Special Event, Consider Resolution No. 07-81 approving Special Event Permit 105 & Cabaret License - City Clerk Bartell reported that, as previously discussed, Chad Wagner, owner 106 of Miller's on Main at 8001 Lake Drive, has applied to the City for permission to conduct his annual 107 music tent event on August 17 and 18, 2007. Mr. Wagner is requesting approval of a cabaret license 108 and special event permit and staff has been working with him to ensure that the event is planned to 109 comply with appropriate regulations, including public safety requirements. A list of conditions has 01 10 been developed that includes the council's direction that the Police Department monitor sound levels 11 throughout the event. Also a condition is included that requires Mr. Miller to obtain a variance to the 112 state fire code relative to his tent setback. All conditions are set forth as Attachment A to Resl No. 113 07-81; 114 115 Council Member O'Donnell moved to approve Resolution No. 07-81, as presented. Council Member 116 Stoltz seconded the motion. Motion carried; Council Member Reinert absent. 117 118 Resolution 07-78 approving renewal of liquor, wine, beer and dance licenses for the 119 2007/2008 license period — City Clerk Bartell explained that all liquor, wine, beer and dance licenses 120 in the City of Lino Lakes are issued annually and will expire on June 30, 2007. A list of the 121 establishments that have submitted renewal applications was included in the information received by 122 the council and staff has been working with the applicants to put in place all necessary information 123 and documentation to meet state and local requirements for the license they request. 124 125 City Clerk Bartell reported that the Police Department has completed background investigations for 126 the applicants and has indicated no new information that would lead to a recommendation of denial of 127 any of the licenses. The Police Department has also done compliance checks on the establishments 128 and the City Council addressed issues relating to compliance at an earlier hearing. 129 130 Council Member Carlson moved to approve Resolution No. 07-78, as presented. Council Member 131 O'Donnell seconded the motion. Motion carried; Council Member Reinert absent. 032 3 COUNCIL MINUTES May 29, 2007 APPROVED 133 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 41134 135 There was no report from the Public Safety Department. 136 137 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 138 139 There was no report from the Public Services Department. 140 141 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 142 143 Resolution No. 07-74 approving a Variance to the local street setback for a porch addition at 144 8020 Danube Street — City Planner Smyser explained the variance request, noting that the proposed 145 porch addition would be part of larger remodeling project at the property that has already received 146 approval of the Building Department. Staff has prepared appropriate findings in support of the 147 granting the variance and is recommending that it be approved. 148 149 The Council noted that the same criteria that establish this as an open canopy should be applied to 150 other projects. 151 152 Council Member Carlson moved to approve Resolution No. 07-74 as presented. Council Member 153 Stoltz seconded the motion. Motion carried; Council Member Reinert absent. 154 alk 55 Resolution No. 07-75 approving an Amendment to a Conditional Use Permit to allow the W56 construction of an office building at 415 Lilac Street (Molin Concrete) — City Planner Smyser 157 reported that Molin Concrete is requesting an amendment to the conditional use permit that covers the 158 whole of their site to allow for construction of a new office building. Area homeowners were invited 159 to comment and a public hearing was held by the Planning and Zoning Board. The building that is 160 proposed meets city requirements and has been reviewed for landscaping. Staff is recommending 161 approval of the amendment. 162 163 Council Member O'Donnell moved to approve Resolution No. 07-75 as presented. Council Member 164 Stoltz seconded the motion. Motion carried; Council Member Reinert absent. 165 166 Resolution No. 07-79, Approving Conditional Use Permit to allow earth material storage at 167 6644 20th Avenue, Royal Oaks Realty — City Engineer Studenski explained that the matter before 168 the Council is an after the fact conditional use permit request to allow for a stockpile of topsoil at 169 6644 20th Av. Last year the homeowner was cited for having more than 5,000 cubic yards of earth 170 material on the site as that is not allowed in the existing code. A site map was reviewed with the 171 Council and recent installation of fencing pointed out. Engineer Studenski reviewed the site plan for 172 buildings (the home on the site has been removed), traffic (Anoka County has provided 173 correspondence establishing some requirements to meet safety issues), grading and drainage (silt 174 fence is installed and NPDES inspection would continue; watershed district permission is not 175 required however erosion and sediment control will be monitored) and tree preservation (not 176 required). 11077 4 COUNCIL MINUTES May 29, 2007 APPROVED 178 Engineer Studenski reported that the Planning and Zoning Board voted to deny the conditional use .79 permit and the rationale is provided in the staff report. City staff is recommending approval of the 180 permit with the conditions listed in the staff report. 181 182 Marcel Eibensteiner, owner of property, addressed the Council. He is a law abiding citizen and didn't 183 realize the top soil was any kind of a violation. The site has already been improved substantially and 184 the amount of soil reduced with the filling in of the property where the house was removed. All 185 conditions requested by staff are acceptable to him except the County's turn lane requirements as they 186 are cost prohibitive. Although the conditions would place a maximum on trips to and from the 187 property, the number of trips reasonably anticipated were reported to be approximately 50 per month. 188 189 Engineer Studenski explained that if the permit were not approved, the dirt would have to be removed 190 or leveled on site. 191 192 Patrice Carpenter, 6748 20th Av, stated that the property owner has worked to meet some of the 193 conditions and it has been an improvement, however, she still believes that the situation is not in the 194 spirit of the ordinance. The code allows for storage of earth that is to be used for grading on site and 195 that is not the case. The situation is a disturbance to area residents. 196 197 Council Member Carlson moved to deny approval of the conditional use permit based on the 198 following findings: 199 ak200 - zoning ordinance: city is not obligated under language for conditional use permit issuance W01 since it says the city "may" grant permits; 202 - comprehensive plan: use is not consistent with nor the use intended for a rural area; doesn't 203 meet agricultural objectives; seen as a "heavy" use in an area planned for future residential 204 development; 205 - traffic/safety — Anoka County has identified safety issues but is committed to requiring they 206 be addressed "to the fullest extent possible" 207 six reasons given by Planning & Zoning Bd for denying permit. 208 209 Council Member O'Donnell seconded the motion. Motion carried; Council Member Reinert absent. 210 211 UNFINISHED BUSINESS 212 213 May 7, 2007 Council Work Session Minutes 214 215 Council Member Stoltz moved to approve the minutes. Council Member O'Donnell seconded the 216 motion. Motion carried; Council Member Carlson abstained; Council Member Reinert absent. 217 218 NEW BUSINESS 219 220 There was no New Business. 221 S 5 222 .23 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 2 243 244 COUNCIL MINUTES APPROVED May 29, 2007 COMMUNITY CALENDAR NOVEMBER 28 THROUGH DECEMBER 8, 2006: 4 Wednesday, May 30 4 Monday, June 4 4 Monday, June 4 4 Thursday, June 7 4 Monday, June 11 Community Calendar— A Look Ahead May 29 — June 11, 2007 6:00 -7:00 p.m., Community Rm 5:30 p.m., Community Room 6:30 p.m., Council Chambers 7:00 a.m., Community Room 6:30 p.m., Council Chambers Lake Dr/I-35W Info Mtg Council Work Session Park Board EDAC Council Meeting ADJOURN There being no further business, Council Member O'Donnell moved to adjourn at 7:55 p.m. Council Member Carlson seconded the motion. Motion carried; Council Member Reinert absent. These minutes were considered and approved at the regular Council Meeting, June 11, 2007. • • Pei 6 e Bartell, Cit Clerk John Bergeson, Mayor 6