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HomeMy WebLinkAbout11-22-2010 Council Minutes COUNCIL MINUTES November 22,2010 APPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : November 22,2010 5 TIME STARTED : 6:35 p.m. 6 TIME ENDED : 9:25 p.m. 7 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; City Attorney Joseph Langel; City Clerk 12 Julie Bartell; Community Development Director Michael Grochala; City Engineer Jim Studenski; 13 Director of Finance Al Rolek; Director of Public Safety Kent Strege; City Planner Jeff Smyser 14 15 PUBLIC COMMENT 16 17 Amy Donlin, 6100 Centerville Road, asked the council if they've put the race track issue to rest. She 18 was informed that the city is basically still gathering information about the proposal. Ms. Donlin then 19 indicated that, if the proposal is still being discussed, she believes it is necessary for citizens to 20 become very active in the discussion. 21 22 SETTING THE AGENDA 23 � '24 The agenda was amended to add an Item 1 E, Revisions to the Lino Lakes City Council Code of 25 Conduct. 26 27 CONSENT AGENDA 28 29 Council Member O'Donnell moved to approve the Consent Agenda, Items lA through 1E. Council 30 Member Roeser seconded the motion. Motion carried unanimously. 31 32 ITEM ACTION 33 34 Consideration of Expenditures: 35 36 November 22, 2010 (Check No. 89552 - 37 89620, $151,255.98) Approved 38 39 Centennial Fire District (Check No. 4556 - 40 4571, $9,767.01) Approved 41 42 November 1, 2010 Work Session Minutes Approved 43 44 November 8, 2010 City Council Meeting 45 Minutes Approved 1 COUNCIL MINUTES November 22, 2010 APPROVED 46 47 October 21, 2010 Work Session Minutes Approved 48 49 Revisions to the Lino Lakes City Council Code 50 of Conduct Approved 51 52 FINANCE DEPARTMENT REPORT,AL ROLEK 53 54 There was no report from the Finance Department. 55 56 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 57 58 Item 3A,Public Hearing and First Reading of Ordinance No. 11-10,the 2011 City Fee Schedule 59 -City Clerk Bartell reported that for efficiency and clarity, city fees are consolidated into one 60 schedule that is adopted annually. The 2011 proposed fee schedule is before the council and it 61 includes several staff recommended changes that are noted in red in the ordinance. The changes are: 62 a) fees that are associated with Achieving Compliance Through Education(ACE), a police 63 department program for minor offenses; b) a dangerous dog city registration fee; c) a fee for an 64 administrative appeal related to zoning; and d) a formula to charge for certain city staff services. Staff 65 is recommending that the council hold a public hearing on the proposed fee schedule and then 66 consider approval of the 1st reading of Ordinance No. 11-10. 67 68 Mayor Reinert opened the public hearing. There being no one present wishing to speak on the matter, 69 the public hearing was closed. 70 71 Council Member Rafferty moved to approve first reading of the ordinance as presented. Council 72 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 73 74 PUBLIC SAFETY DEPARTMENT REPORT, KENT STREGE 75 76 Item 4A, Hearing to consider the appeal of Mitchell and Andra Sawh, 1366 Wolf Circle, 77 regarding dangerous dog—Police Chief Strege reviewed the history of the Sawh's dog that was 78 declared dangerous by the council on November 8, 2010. On the day after that declaration,the dog 79 bit an individual inside the Sawh's home. Since city ordinance states that the dog shall be destroyed, 80 the police department is recommending that action be taken. 81 82 Mitchell Sawh, 1355 Wolf Circle, distributed information to the council. The information included 83 testimonials about the dog as well as correspondence from an attorney hired by the Sawhs. Mr. Sawh 84 reviewed the information with the council and stated that he is committed to providing the necessary 85 training for the dog as well as the other restrictions already agreed upon. He stated that the dog is a 86 good and smart dog that provides good security for the family. 87 88 Carol Propotnik, animal behavior expert, addressed the council. She stated that in working with the 89 Sawhs and their dog, she has found Mr. Sawh to be very honest and compliant. She noted her 90 experience in the field of animal behavior and that she is considered an expert. She has performed an 2 COUNCIL MINUTES November 22, 2010 APPROVED 91 assessment on the dog in question, Brody. She sees that the dog has confinement anxiety(natural for 92 his current kennel impoundment) but other than that he is a very normal dog. She showed the council 93 a muzzle that Brody would have to wear anytime outside of the home. She did not see aggression in 94 the dog but did see protective behavior. She is committed to working with Brody's owner to deal 95 with that behavior and to bring him to a point where the city council could be satisfied that he is not a 96 risk to the city. She mentioned that while she was visiting Brody at the shelter, she was approached 97 by a worker there who wanted to write a letter for the dog but was not allowed by position. She has in 98 the past recommended that some dogs be euthanized but she doesn't think that is necessary in this 99 case. With this dog, she would work with all the members of the family so they can learn to have 100 control of the dog; under those circumstances, she recommends that the dog be allowed to stay. She 101 is staking her fifteen years of experience in the field on her findings that this dog is not aggressive. 102 103 The council discussed the situation. The dog has bitten three times in the last six months. Most of 104 what the Sawhs are offering to do now is what they were supposed to do after the second bite but they 105 didn't do it. This is an unfortunate and sad situation. 106 . 107 Jeff Spinner, acquaintance of the Sawhs, told the council that it appears that the Sawhs didn't take the 108 situation as seriously as they are now. He sees there is an expert involved and he encourages the 109 council to listen to that expert. 110 111 Andra Sawh added that the third person bitten, a furniture delivery person, was told not to go to the 112 lower level; he entered that area without permission. ' 13 ---1 14 The council was told by the police department that city ordinance now calls for the dog to be 115 humanely destroyed. Whether or not the dog can still be removed from the city is not clear. 116 117 The city attorney recommended that the council adopt the following findings as part of their action. 118 119 Documents identified on the record: November 10, 2010 letter from the Chief to Mitchell Sawh and 120 November 10, 2010 letter to Mitchell Sawh from City Clerk Julie Bartell, both concerning the due 121 process rights of the dog owner; an ICR from the police (case #10258649); photographs of the 122 victim's hand; other documents submitted at prior appeal processes. Based on the documents and the 123 testimony given tonight, possible finding are: 124 125 Following a public hearing on November 8, 2010 at the owners' request,the council confirmed the 126 police department's finding that the dog, Brody, is deemed to be dangerous as that term is defined by 127 city ordinance and state law. The following day, an individual, Chris Hanson, was invited into the 128 Sawh's home for the purpose of delivering furniture. Hanson proceeded down the stairs at the home 129 to view the basement. Hanson was bitten on the left hand by the dog, Brody. There is no evidence 130 of provocation by Mr. Hanson prior to the bite, nor is there any indication that Mr. Hanson was 131 informed that the dog was in the basement or that the dog had been deemed dangerous by the city. 132 Following the bite, Mrs. Sawh gained control of the dog and secured it. The bite on November 9, 133 2010 constitutes a violation of city ordinance 503.15 and constitutes a subsequent offense under 134 503.16, paragraph 4. The aforementioned letters dated November 10, 2010 were sent to the dog 35 owners pursuant to the city ordinance. He asked if the council wished to act upon the findings? 3 COUNCIL MINUTES November 22,2010 APPROVED 136 ,i37 Council Member Gallup moved to adopt the findings as stated. Council Member O'Donnell 138 seconded the motion. Motion adopted upon a unanimous voice vote. 139 140 Mitchell Sawh announced that he will be appealing the decision and he requested that his dog not be 141 destroyed. Chief Strege remarked that the dog wouldn't be destroyed that night but that an appeal 142 would have to be made soon. 143 144 PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER 145 146 There was no report from the Public Services Department. 147 148 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 149 150 Item 6A,Resolution No. 10-104 Adopting an Expense Report for Costs Incurred in Carrying 151 Out and Enforcing the Hazardous Buildings Proceedings against the property at 645 Oak Lane 152 -City Engineer Studenski explained that this property included a hazardous building that was not 153 removed by the owner; the court granted the city the right to raze the building. That has been 154 completed and accurate accounts having been kept of the expenses. Council is requested to authorize 155 submission of the expenses to the court for approval. If they are not paid by the property owner, they 156 will be assessed to the taxes. 157 158 Council Member Roeser moved to approve Resolution No. 10-104 as presented. Council Member 159 Gallup seconded the motion. Motion carried on a unanimous voice vote. 160 161 Item 6B,Resolution No. 10-106,Determining that an Off-Road Vehicle Riding Facility is Not 162 Aollwed in an R-1 Zone—City Planner Smyser explained that is a situation where staff is asking the 163 city council to make a determination about a use that is not included in the zoning ordinance. There is 164 a site that is zoned R-1 where a property owner has created an off-road riding course and that has 165 generated complaints from neighbors. Staff has reviewed the situation with the assistance of the city 166 attorney and has found that this type of use is not appropriate in an R-1 area. The resolution before 167 the council makes that an official determination. 168 169 Char Foster, owner of the property with the riding facility, addressed the council. She first explained 170 that she was not notified when this matter was considered by the Planning& Zoning Board. That 171 concerns her as well as the fact that the city planner did not send her information that she requested. 172 She showed a map of the area in question, noting that there is much open space surrounding the 173 property. Her neighbor, who is in the audience, operated heavy equipment on his property for a while 174 -she didn't complain. There was also a saddle club in the area for a while, with announcements and 175 activities occurring very frequently, but there were no complaints about that. She feels she has good 176 communication with most of the neighbors. She recalled that her husband bought the property so that 177 they could eventually subdivide but then found out that would not be possible even though the area is 178 zoned residential. Homes with smaller 1/4 acre lots were built long after she came to the area and they 179 have caused the deer and raccoons that used to have ample space to come onto her property in mass. 80 Regarding the track, it is a family facility used by her son, her grandson and a few friends and their 4 COUNCIL MINUTES November 22, 2010 APPROVED 181 kids. She understands that the Planning &Zoning Board recognized that this isn't a zoning matter L/182 but rather a noise issue; she has reviewed the city's noise regulations and is complying. 183 184 Noel Foster, son of property owner Char Foster, addressed the council. He explained that he's been 185 riding on the property for fifteen years or better. It is just he and two friends that use the track. They 186 keep their riding time at a minimum, do their best to follow the noise ordinance (noting that the 187 vehicles they use make less noise than a lawn mower), and have even built some noise mounds. He 188 knows that the city allows the use of snowmobiles throughout the city and asks why this would be 189 different. There is no financial benefit to the track—it is only used by family and two friends. 190 191 Bruce Papp, off Aspen Lane. He appreciates what the Foster's are trying to do as a family activity. 192 But there is another side. Sometimes when he is in his yard, the noise from the track is so loud that 193 he cannot carry on a conversation. He understands the desire to have fun but believes it cannot come 194 at the expense of others. They can even hear the noise when they shut their windows. 195 196 Mary Carlson Papp, off Aspen Lane. She has lived in the city for 15 years, and she is a school 197 educator and an active community member(having served on the city's Visioning Committee). She 198 doesn't believe that this type of activity(off road racing) is what people have in mind for the city. 199 She can see her quality of life slipping away because of this. 200 201 Amy Donlin, 6100 Centerville Road, remarked that this situation represents the reality of living in 202 Lino Lakes now and the impact of the continuing urbanization. For the people who have lived here '.03 40-50 years, like her family, they are seeing the rural nature of the area slip away and the city is 204 becoming urbanized. She sees both sides of this issue. 205 206 Planner Smyser responded on the concern about not being invited to the Planning&Zoning Board 207 meeting. He explained that the discussion at the meeting was informal, with no official decision 208 expected, not an untypical situation. Also,the matter before the Planning&Zoning Board (and the 209 council now) is not about a specific use but rather about a determination on a use in a zoning area. 210 211 The mayor noted that he's been in the city for 35 years and knows that there's been this type of riding 212 in quite a few areas. He's familiar with this property(lives less than a mile from it)and knows that 213 there have been motor bikes used there for a long time. When he thinks about why it's a problem 214 now more so than earlier years, he's seen in some of the complaints an indication of increased 215 activity? This really boils down to freedom for people to live next to each other in their own type of 216 peace. The council must deal with the question of what type of activity should be allowed in an R-1 217 district, normally a neighborhood situation. 218 219 Ms. Foster explained that the activity has changed somewhat because the track has been improved so 220 that young grandchildren(age 3) can ride on it. The track is used by her son, two friends and a few of 221 their young children and that's it. Sometimes there is walk-through traffic, such as area kids who 222 want to watch the activity. She added that the track is used even less than when her son was a 223 teenager(he's 28 now) because he can't take such long rides. She is tolerant to other noisy activities 224 going on around her and she is interested in receiving the same tolerance. 1 '25 5 • COUNCIL MINUTES November 22,2010 APPROVED 226 When a council member asked about earth moving activities that could make this quieter, Noel Foster ,.27 suggested that additional improvements would require watershed permission and would obviously 228 involve some expense. Additionally, he's considered purchasing the adjacent former saddle club 229 property for a commercial facility. 230 231 A council member suggested that it isn't clear(with conflicting statements being offered) how much 232 the track is being used. A user of the track noted that it isn't physically possible to ride more than a 233 few times through the course. It is not used for long periods of time, constantly. 234 235 Planner Smyser reviewed the question before the committee - is this an allowed use in an R-1 zoned 236 district? There is a conflict of land uses that exists and looking at history isn't necessarily helpful 237 because it can't be changed. The resolution before the council is staff's recommendation, having 238 been put together with the assistance of the city attorney. When asked why the property is zoned R- 239 1, Mr. Smyser suggested that it's been so for as long as he's been with the city. The intent must have 240 been that utilities would be coming through eventually. 241 242 A council member commented that we are in a world where we have to live together. It seems as if 243 improving the track has made it more of an issue. People have rights on both sides here and getting 244 along is important. Also this seems to be more of a noise issue than a zoning issue. 245 246 The council concurred that the matter should have more discussion and that the work session would 247 be an appropriate place. '48 \.249 Council Member Roeser moved to refer the matter to the December 6, 2010 council work session. 250 Council Member Rafferty seconded the motion. Motion adopted on a unanimous voice vote. 251 252 Staff should invite people involved in this issue (neighborhood)to attend the work session and staff 253 should come prepared with ideas on how to minimize noise. 254 255 Item 6C, Resolution No. 10-103 approving final payment for I35W/CSAH 23 Interchange 256 Improvement Project—Community Development Director Grochala explained that the payment 257 requested would finalize payments on this project. It comes with staffs recommendation. 258 259 Council Member Rafferty moved to approve Resolution No. 10-103 as presented. Council Member 260 Roeser seconded the motion. Motion carried on a unanimous voice vote. 261 262 UNFINISHED BUSINESS 263 264 There was no Unfinished Business. 265 266 NEW BUSINESS 267 268 There was no New Business. 269 70 6 COUNCIL MINUTES November 22,2010 APPROVED 271 COMMUNITY CALENDAR(DATES): �72 273 Community Calendar—A Look Ahead 274 November 23, 2010 through December 13, 2010 275 276 4 Thursday/Friday,Nov. 25-26 Thanksgiving Holiday City Hall Closed 277 4 Monday,November 29 6:15 pm, Community Room Council Work Session 278 4 Thursday,December 2 8:00 am, Community Room EDAC 279 4 Monday,December 6 5:30 pm, Community Room Council Work Session 280 4 Monday,December 6 6:30 pm, Council Chambers Park Board 281 4 Wednesday, December 8 6:30 pm, Council Chambers Planning&Zoning 282 4 Monday,December 13 6:30 pm, Council Chambers City Council Meeting 283 284 ADJOURN 285 286 There being no further business, Council Member Rafferty moved to adjourn at 9:25 p.m. Council 287 Member Roeser seconded the motion. Motion carried unanimously. 288 289 These minutes were considered and approved at the reular Counc' ►� ting,De - • ber 13, 2010. 290 291 292 293�� dirg 94 Juli e Bartell, City Clerk Jeff R, n- , Mayor X295 7