HomeMy WebLinkAbout05-06-2013 Council Work Session MinutesCITY COUNCIL WORK SESSION May 6, 2013
APPROVED
1 -CITY OF LINO LAKES
2 MINUTES
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4 DATE : May 6, 2013
5 TIME STARTED : 6:40 p.m.
6 TIME ENDED : 9:15 p.m.
7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell,
8 Rafferty, Roeser and Mayor Reinert
9 MEMBERS ABSENT : None
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12 Staff members present: City Administrator Jeff Karlson; Community Development
13 Director Michael Grochala; Public Safety Director John Swenson; City Planner Katie
14 Larsen; City Clerk Julie Bartell
15
16 The council held a Board of Appeal meeting previous to the beginning of the work
17 session.
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19 1. Local Surface Water Management Plan (EOR, Inc.) — Community Development
20 Director Grochala noted that the city is required to have this plan in place and to keep it
21 updated along with the Rice Creek Watershed District (RCWD). The city hired EOR,
22 Inc. to complete a draft updated plan that could be distributed for review to other
23 jurisdictions. The plan itself provides an assessment of the city's water resources along
24 with establishing goals and policies, implementation actions and processes and costs.
25 The City's Environmental Board has reviewed the proposed updated plan and
26 recommends approval.
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28 Brett Emmens, representing EOR, Inc., explained the contents of the report, adding that
29 while plans are laid out in the document, the city will decide what is appropriate and
30 when. Mr. Grochala pointed out actions that are already programmed by the city and
31 areas where other work (funding) is planned for the future.
32
33 The mayor asked what has changed from the last update and what is the city agreeing to
34 do by accepting the plan (including in the future)? Mr. Emmens noted that the plan
35 expands the horizon into future years, to keep plans moving forwarded as well as dealing
36 with currently planned improvements. Mr. Grochala added that the plan lays out for the
37 city how it will address water quality and issues related to it; the plan helps to keep the
38 city consistent with state law. It is a policy document that doesn't deal necessarily with
39 specific projects. Council Member O'Donnell asked if and how the plan is incorporated
40 into the city's Five Year Forecast? Mr. Grochala explained that most of the plans are also
41 included in that forecast.
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43 The mayor suggested that council members review the document and direct any questions
44 to Mr. Grochala. The council concurred that the plan will be considered for release for
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CITY COUNCIL WORK SESSION May 6, 2013
APPROVED
45 review at the next council meeting unless any council members would like to take more
46 time for their review.
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48 2. Exterior Storage — 7309 Lake Drive — Community Development Director Grochala
49 recalled that a Cease and Desist order was issued to the owner of this property, Pinnacle
50 Point, LLC. The order relates to discontinuing outdoor storage of shipping containers on
51 the property as it is not allowed under the city's zoning ordinance. The council briefly
52 discussed the item at the last regular work session and directed that the order be stayed
53 pending further review and discussion by the council. Mr. Grochala noted that his written
54 report provides a policy review that lays out the purpose and application of the
55 Comprehensive Plan and the city's zoning regulations that purport to guide and restrict
56 land use to the highest and best use. He warns against allowing any extreme departure
57 from the city's established guidelines. Although the council has recently opened the
58 door by allowing some limited outdoor storage use in this type of zoning district, it would
59 be more detrimental to allow such a use permanently. Regarding this specific property,
60 Mr. Grochala explained that the city has received calls from area residents about the
61 storage. He warned that it is a low value type use that will eventually preclude
62 development and keep values low. If the council wants to allow outdoor storage, he
63 believes the properties will fill up quickly for just that type of use.
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65 Mayor Reinert noted a different industrial area where he's seen bus parking. Mr.
66 Grochala explained that the area mentioned is within the General Business zoning district
67 and bus parking is allowed as a pre- existing use. He also noted that buses are quite
68 different than shipping containers as is present at this address.
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70 The mayor suggested that he understands that outdoor storage isn't necessarily a desirable
71 use although the council did make an exception for another property. He feels that the
72 city's role is to deal with buildings and property and not to pick and choose businesses
73 that will receive special consideration.
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75 The owner of the property noted that when the City of Columbus brought in the horse
76 track, they set up an interim use process, grandfathered in certain uses and allowed others
77 to request special consideration.
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79 The mayor said he wishes to support businesses that chose to locate in Lino Lakes and he
80 is open to some uses outside of zoning when it is within reason and is temporary in
81 nature.
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83 Community Development Director Grochala then explained how outdoor storage came to
84 be allowed as an interim use at another industrial property. The site in question originally
85 had a non - conforming use that continued but that ended and now something else not
86 allowed has come in and that doesn't fall under the category of grandfathering.
87
88 The mayor asked council members to offer their standing on the matter. Council
89 Member O'Donnell said that he wants to help the business but understands the issue of
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CITY COUNCIL WORK SESSION May 6, 2013
APPROVED
90 setting an undesirable precedent. Council Member Stoesz asked if it would be
91 appropriate to allow a "grace period" to see how things work out. Council Member
92 Roeser said he supports businesses and doesn't want to see buildings in the city unused.
93 Council Member Rafferty said that he sees an impacted residential neighborhood where
94 people have invested in their property just as the business owner has; he'd like to move
95 cautiously where zoning is involved and he reminded the council that the city has
96 received complaints about the use. Mr. Rafferty remarked that the city's zoning
97 regulations are law and should be changed when that is warranted but not automatically
98 for a single use.
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100 The mayor suggested that the council has three options for action as he sees it: 1) do
101 nothing; 2) change the zoning ordinance; and 3) find some type of hybrid solution.
102
103 Mr. Grochala added that the council would have to change the regulations (ordinance) to
104 allow this use. He noted that he has some concern that this would not be an interim use
105 and it would continue in years to come. Council Member Roeser suggested that the
106 council could review the situation after a designated period to see if the business climate
107 has changed.
108
109 The owner added that he is willing to eliminate some of the things that the city may see as
110 an "eyesore ". The containers are secure storage provided to businesses and clearing the
111 containers this year has been somewhat delayed due to the longer than usual winter
112 season.
113
114 The mayor pondered whether the current regulations would actually allow the use
115 depending on the definition of the activities, and Mr. Grochala noted that if the city were
116 to find that the use is allowed that would have to be allowed as a permanent use. The
117 mayor noted that he doesn't want to change the city's regulations (zoning ordinance).
118 Council Roeser added that he sees other non - conforming uses remaining long term
119 because they are considered grandfathered. Mr. Grochala responded that there are
120 actually only about four of those uses and they will end eventually through attrition. The
121 mayor suggested that a business model, created by this company that allows the use may
122 be an option if the company is given time to work on it.
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124 The council concurred to stay the Cease and Desist Order for an additional 30 days and
125 directed Community Development Director Grochala to continue to work with this
126 company to see what can be done.
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128 3) Emergency Management Plan — Public Safety Director Swenson indicated that he
129 had provided the council with a copy of the plan denoting what is being updated, as
130 requested at the last work session. He reviewed some of the changes and noted that he
131 would like to receive the council's approval of the updated plan so that he can begin the
132 process of training under the directions provided within the plan.
133
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134 The council had reviewed the plan over the past month and concurred that it should be
135 added to the next regular council meeting agenda for approval.
136
137 4. Off —Sale Liquor Licensing — City Clerk Bartell noted there is some new information
138 in the staff reported provided by Community Development Director Grochala in response
139 to the council's direction to look at the possibility of limited off -sale licenses but also
140 provide for an exempt zone(s). Mr. Grochala noted that he spoke with the city attorney
141 about how an ordinance could be drafted that would provide for exemptions. His
142 recommendation was to limit additional licenses within the geographic area where the
143 city sees there are enough licenses. The city could even authorize a lesser number of
144 licenses within the zone so if a store was closed that license wouldn't be eligible for
145 replacement. Council members expressed concern about regulations that would create an
146 unfair field and noted that the Economic Development Advisory Committee
147 recommended no change to the regulations.
148
149 The council concurred that they would not consider a change to the current off -sale
150 regulations at this time but will anticipate a review of the situation each year.
151
152 Review Regular Agenda of May 13, 2013 — The council received a brief explanation of
153 each agenda item. There were no changes to the regular Council agenda.
154
155 The meeting was adjourned at 9:15 p.m.
156
157 These minutes were considered, corrected and approved at the regular Council meeting held on
158 May 28, 2013.
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163 nth ne Bartell, City lerk
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