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
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'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
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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
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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.
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---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?
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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
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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
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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
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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
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