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HomeMy WebLinkAbout06/22/1992 Council Minutes76 Council Minutes CITY OF LINO LAKES COUNCIL MINUTES June 22, 1992 ESENT: N atx....3ft her, . 1]. of .......:....: ........::.....::......:.:.::.......:................:...:...:...... .......:.:..::................. inert, Ber' esol Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; City Planner, AlanBrixius; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. Since Mayor Reinert was absent, Acting Mayor Neal conducted the meeting. CONSENT AGENDA Council Member Elliott asked why the extension of Terry Lappin Development Agreement was placed on the Consent Agenda. This matter was discussed at the June 1, 1992 Council Work Session and it was the consensus of the Council to place the matter on the Consent Agenda. Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Work Session, May 20, 1992 Approved Work Session, June 3, 1992 Approved Regular Council Meeting, June 8, 1992 Approved DISBURSEMENTS: June 22, 1992 Centennial Fire Department Approved Approved Consideration of Extension of Terry Lappin Development Agreement Approved PAGE 1 1 1 1 Council Minutes June 22, 1992 REGULAR AGENDA OPEN MIKE Lois Reller, 7989 - 24th Avenue - Mrs. Reller appeared before the City Council to tell the Council of the difficulty she is experiencing refinancing and /or selling her home. She explained that the area was rezoned from Rural (R) to Rural Business Reserve (R -BR) in 1990 after much discussion between the City Council and residents in the area. It was the understanding that the residents in the area would be able to continue their present life style without any problems regarding zoning and current uses of their property. However, recently Mrs. Reller tried to obtain a home loan and was told that her home is now a nonconforming use in the area and she was not eligible for a loan. Mrs. Reller then tried to sell her home but found that prospective buyers were unable to use the property in their businesses because of certain interpretations of the City Code by the current City Planner. Mr. Schumacher explained that matters brought to the City Council under open mike normally are referred to staff for consideration and then brought back to the City Council for action. In this case, at least two (2) issues were raised. Mr. Schumacher asked that Mrs. Reller put her concerns in writing and direct them to his attention. He and appropriate staff will deal with them. Mrs. Reller said she felt that the residents in her area need to know the interpretation of the Rural- Business Reserve (R -BR) zoning district. Kevin Kroell, 7839 Lois Lane explained that he was unable to attend the staff meeting with Mr. John Herman, 7859 Lois Lane regarding the drainage problem between their two (2) homes. He said he was told that the result of that meeting, Mr. Herman was told that there is no money in the 1992 budget to correct this problem and it was not a city problem. Mr. Kroells said that he did not "buy" this explanation. He asked if the City Council was aware of the decision made at that meeting. Mr. Kroell restated his drainage problem. Mr. Schneider summarized the staff meeting with Mr. Herman. Mr. Schumacher explained that the City Charter does not allow the City to spend tax money for a public improvement. Mr. Schneider explained that the problem could be solved in one (1) of two (2) different ways. The first way would be to allow the area between the two (2) homes to fill with water and then PAGE 2 77 78 Council Minutes June 22, 1992 run the water to 4th Avenue. The second way is to connect a pipe to a storm sewer located near Mr. Herman's driveway. Mr. Schneider noted that the cost would be about $2,000.00 if the fill brought to the area is sufficient. Mr. Kroell said that he would level the fill dirt that his been trucked in between the two (2) homes and the elevation could then be established. He also noted that other parts of the neighborhood would benefit from this proposed improvement and probably should help pay for the improvement. Mr. Schneider said that he had offered to hold a neighborhood meeting to talk about the water problems and the amount of money needed to correct the problems. However, Mr. Kroell felt that this would be impractical because the neighbors would say that this was not their problem. Mr. Kroell asked if the Lino Lakes City Charter was unique. He was told that each City Charter is unique. Mr. Kroell said he had talked to a Council Member who felt that something could be done. Mr. Hawkins explained that the particular provision in the Lino Lakes City Charter that addresses this situation is very unusual and very specific. Further discussion followed regarding what was needed to get the water out of the area. Mr. Kroell said that he and Mr. Herman have already paid about $6,000.00 for the dirt fill that was hauled in. Mr. Schneider said that if the dirt fill is sufficient, then it would cost about $2,000.00 to complete a pipe to drain to the storm sewer. Mr. Kroell said that he wanted an "official word" that putting in the pipe was all right. Mr. Schneider said it would be providing an easement for the maintenance of the pipe was given to the City. Mr. Schneider will work with Mr. Kroell and Mr. Herman to complete the storm water drainage system. Karen Highly, 676 County Road J asked for an update regarding the improvement of County Road J (Ash Street). Mr. Schneider explained that this matter has not been finalized by the City Council and will not be addressed until the July 13, 1992 City Council meeting. PLANNING AND ZONING BOARD REPORT Consideration of a Variance to Allow Construction of Detached Garage, Johnson - This is a request to construct a detached garage 962 square feet in size on the Harold Johnson property at 2020 Otter Lake Drive. The property is zoned SR -X and an attached garage is required in this zone. A variance is needed to build a detached garage and to allow an extra two (2) square PAGE 3 1 1 1 1 Council Minutes June 22, 1992 -feet -of garage above the code. The Johnson's are requesting the variance for a detached garage because building an attached garage would require that a large old White Oak tree would have to be destroyed. Council Member Elliott moved to approve Planning and Zoning application No. 92 - 18V granting the variance as recommended by the Planning and Zoning Board. Council Member Kuether seconded the motion. Motion carried unanimously. Finding of fact in support of the variances are as follows: 1. The property in question can not be put to a reasonable use if used under conditions allowed by the official controls. This site can be put to a reasonable use as it currently exists, however, the Johnson's would not be able to increase their living area as planned and would not be able to increase their garage area except by the addition of an "accessory" building which could not be considered a garage. 2. That the plight of the landowner is due to circumstances unique to his property not created by the landowner. The circumstances which dictate the uniqueness of this site involve the location of a 6 year old well and, more importantly, a 74" diameter tree both located to the west of the existing dwelling. The well and tree make it impossible for the Johnson's to add on to their existing home in this location. Construction on the east side of the house is not a viable alternative. 3. The hardship is not due to economic considerations alone, and a reasonable use of the property exists under the terms of the ordinance. The site in question has adequate room for the construction of a detached garage on the west side of the property thereby saving the well from being relocated and the oak tree from being destroyed. The well issue could be considered an economic consideration but the oak tree is a characteristic of the property. 4. The granting of the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or building in the same district. Granting the variance will not confer special privilege but PAGE 4 79 80 Council Minutes June 22, 1992 allow the applicant to use the property as it was intended for single family residential use. 5. The proposed actions will not unreasonably diminish or impair established property vales within the neighborhood. Staff does not feel granting this variance will impair or diminish property vales in the area and will, in fact, increase the value of this particular site. 6. The proposed actions will be in keeping with the spirit and intent of the ordinance. The proposed variances will allow the applicant to increase his living space and provide garage storage area as required by the zoning district and in keeping with the intent of the ordinance. Consideration of Site Plan Review and Amended Conditional Use Permit to Allow Site Expansion, Apitz Garage, 325 Birch Street - Mr. Brixius explained that the owner of Apitz Garage (Mr. Larry Grubbs) is requesting permission to expand the existing automobile service facility located at the above address. The expansion will be a 3,000 square foot addition to the present facility. A pre- existing structure on the site was severely damaged in a storm last fall and the owner plans to remove this building plus another detached structure currently on the site. The property is zoned General Business (GB) and the automobile service usage is permitted with a conditional use permit. There is currently outside storage on the site due to the loss of the building last fall. The driveway has been approved by the Anoka County Highway Department. The revised site plan submitted this evening shows compliance with most of the elements requested by the Planning and Zoning Board. Staff met with Mr. Grubbs and he raised several concerns: 1. Work within the guidelines of the site plan. Mr. Grubbs is willing to work within the guidelines but he is asking that certain areas be exempt from paving until the building is completed and that he be given a three (3) year deference for this work. The balance of paving is completed. The overall parking is being complied with. Since this is an existing business, there should be some flexibility and his request should be considered. 2. Mr. Grubbs is agreeable to landscaping and required setback areas. Exterior storage will be eliminated from the site PAGE 5 1 1 1 1 Council Minutes June 22, 1992 with the construction of the new building. 3. Mr. Grubbs is willing to provide screening to the north at such time that the farming ceases. An outline of the screening is provided. 4. Refuge containers will be enclosed and screened. 5. Mr. Grubbs will work with Anoka County regarding storm water drainage. 6. Paving of the southeast corner should be deferred for three (3) years. Mr. Brixius and other staff met with Mr. Grubbs this morning and Mr. Grubbs expressed concerned regarding "keeping past records straight and enforcement ". Mr. Brixius believes that issuing this new conditional use permit as just outlined will provide a history that can easily be enforced. The conditional use permit will be recorded with Anoka County. Council Member Kuether asked what would happen if Mr. Grubbs did not comply with the terms of the new conditional use permit. Mr. Brixius explained that this new conditional use permit allows the City the opportunity to deal with nonconforming buildings and exterior storage problems. Mr. Grubbs was asked if the conditions were acceptable to him and if he could comply. Mr. Grubbs said the conditions were acceptable and he would comply unless the money was not available. Council Member Kuether moved to approve Planning and Zoning Board Application No. 92 - 15 approving the site plan review. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve Planning and Zoning Board Application No. 92 - 19 approving the Amended Conditional Use Permit as outlined by Mr. Brixius. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Site Plan Review to Allow Construction of a Storage Building, Gethsemane United Methodist Church, 7330 Lake Drive - The Gethsemane United Methodist Church is requesting site plan review for the construction of a 24' x 30' storage building on their site to house miscellaneous equipment for maintenance of the site. The structure will include a 16' x 7' overhead door, a service door and blend in appearance with the existing church building. The request is acceptable in this district and the Planning and Zoning Board recommended approval of the request. PAGE 6 81 82 Council Minutes June 22, 1992 -Staff is recommending that the proposed structure not interfere with the ponding area and the curb cut to provide drainage of the parking area. In addition the original site plan provided for an outflow pipe from the pond and this has not been completed. Council Member Kuether moved to approve Planning and Zoning Board Application No. 92 - 16 with the following conditions: 1. The outlet structure be installed as per the original site plan and per Rice Creek Watershed District conditions. 2. The elevations for the ponding area be verified for proper depth and size. 3. Floor elevation of storage building be minimum of 902. 4. The storage building be landscaped in accord with the existing church structure. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution No. 92 - 79 Expanding City MUSA Boundaries by 46 Acres VIA Trading Acres - Mr. Brixius explained that this matter will be for informational purposes only since a 4/5 vote of the City Council is require. Mr. Brixius further explained that he was asked to investigate what has transpired as far as Comprehensive Plan Amendments and what is the process through Metropolitan Council. In March, 1990 the City Council petitioned Metropolitan Council and was granted an additional 46 acres to the MUSA area. During this period, the City Council reviewed the MUSA area and made several land trades within the MUSA to re -align the MUSA. This was approved by the Metropolitan Council subject to the adoption of the Lino Lakes comprehensive sanitary sewer plan. Although some elements were missing, the sanitary sewer plan was approved by the Metropolitan Council. In investigating the minutes, it appears that the City Council did not take formal action adopting the amendments and putting them in place. Mr. Brixius said he feels that it is important because of the adoption of the new zoning ordinance and zoning map that the comprehensive amendments be formally put in place and the MUSA finalized. Mr. Brixius used the overhead projector and outlined the changes in the MUSA areas. This matter will be placed on the July 13, 1992 Council agenda. PAGE 7 1 1 1 1 1 1 Council Minutes June 22, 1992 Consideration of Resolution No. 92 - 80 Eliminating the City's Rural Expansion (RE) Land Use Designation and Replacing It With Rural (R) Land Use Designation - Mr. Brixius explained that in April, 1991 the City Council processed a second Comprehensive Land Use Plan Amendment and it was sent to Metropolitan Council and received their approval. This amendment incorporated the Metropolitan Council's urban and rural service policies. One (1) policy in particular was the four (4) residential units per 40 acres in the rural areas. Previously this City had a zone with two and one half (2 1/2 acre) lots. This zoning will be eliminated. This change will also be in compliance with the new zoning ordinance. This matter will also be placed on the July 13, 1992 Council agenda. Set Public Hearing to Adopt the Official Zoning Map to Reflect Recent Comprehensive Plan and Zoning Text Changes for July 13, 1992, 7:00 P.M. - Mr. Brixius asked the Council to set this public hearing to consider the revisions to the zoning map. The revisions will reflect the adoption of the Comprehensive Plan Amendments and reflect changes in the new Zoning Ordinance. Some changes include elimination of the S zoning district, changes as outlined in the Interchange Studies which will also need Metropolitan Council review, elimination of the R -5, PUD district and the addition of the PDO district. The final element is the area being developed as Quail Ridge. Mr. Brixius recommended that this area be maintained as R1 -X and the owner may request a PUO procedure. The public hearing was set as requested. CONSIDERATION OF RESOLUTION NO. 92 - 78 DELETING CERTAIN PARCELS FROM TAX INCREMENT FINANCING DISTRICT 1 - 4 Mr. Schumacher explained that this TIF district was established in March 1990 in anticipation of a change in the tax increment law effective for districts established after May 1 of that year. In an attempt to include all the property which might be developed in the near future, the City Council included several parcels in the district for which there were no firm development plans. Since that time, activity has occurred on some of the parcels but no development has occurred on other sites. TIF District 1 - 4 is an economic development tax increment district. The tax increment law contains a penalty for eliminating parcels from an economic development district more than two (2) years after the date of certification. TIF district PAGE 8 83 84 Council Minutes June 22, 1992 1 =- ° 4 was certified to Anoka county on July 27, 1990. If a parcel is eliminated after that period of time, it is tainted and may not be included in any other tax increment district for a period of 20 years. Because of this substantial penalty, it is important to eliminate parcels which are unlikely to be developed prior to the expiration of two (2) years. The major disadvantage of leaving the parcels in TIF 1 - 4 is the concern that we will never be able to use them in conjunction with another tax increment district due to the 20 year taint. Even if they are developed within the next few years, the clock began to run on TIF 1 - 4 in 1990 and there may be only a few years of increment available before the end of the district. This issue involves a judgement as to the likelihood, timing and nature of the development of three parcels of land to the west of St. Joseph Catholic Church. If the City Council chooses to delete the parcels, the accompanying resolution should be adopted. A certified copy of the resolution will be sent to Anoka County prior to the second anniversary of the certification and request that the land be dropped from TIF 1 - 4. Council Member Kuether noted that there is a proposal to develop senior housing on the parcels. She asked if the parcels could also be used for townhouse development. Mr. Schumacher said yes and the parcels could also be used for single family housing. Council Member Elliott moved to adopt Resolution No. 92 - 78. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 78 can be found at the end of these minutes. Mr. Schumacher noted that the procedure to create a district for senior housing will be submitted to the Planning and Zoning Board in July. PUBLIC HEARING, REZONE, BALDWIN LAKE COURT (OPEN HEARING AND CONTINUE UNTIL JULY 13, 1992, 7:15 P.M.) Mr. Hawkins explained that Council action on a rezone request requires a four fifths (4/5) Council vote. Since only three (3) Council Members are present this evening he suggested that the public hearing be opened and continued to July 13, 1992. Acting Mayor Neal opened the public hearing at 7:28 P.M. Council Member Kuether moved to close the public hearing. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 9 1 1 1 1 1 1 Council Minutes June 22, 1992 - ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Abatement of Assessments, Outlot A, Brandywood Estates, Resolution No. 92 - 76 - Outlot A was assessed for area and connection charges and for surface water management charges. This assessment was based on the number of units that could be platted in the outlot in future additions. Currently a portion of Outlot A is being platted into Brandywood Estates, Second Addition. A portion of the assessments on Outlot A will be re- assessed to the Second Addition and the remaining assessments will be assessed to the new Outlot A. To accomplish this re- assessment, it will be necessary to abate the current assessments on Outlot A including the 1992 installment. The abatement, if approved by the City Council will be filed with Anoka County and approved by the Board of Commissioners. Council Member Elliott moved to adopt Resolution No. 92 - 76. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 76 can be found at the end of these minutes. Set Public Hearing for Assessment, Brandywood Estates, Second Addition, July 13, 1992, 6:45 P.M. - Council Member Kuether moved to set the public hearing. Council Member Elliott seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT, BILL HAWKINS Mr. Hawkins did not have a report. OLD BIISINESS There was no Old Business. NEW BIISINESS Consideration of a Cabaret License, St. Joseph Catholic Church, August Festival - Mrs. Anderson presented a request for a Cabaret License for the St. Joseph Catholic Church August Festival. Council Member Kuether moved to approve the license. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of a Block Party Request, Caribou Circle and Wildflower Drive - Mrs. Anderson presented an application for a block party. She noted that both the Chief of Police and the Public Works Director had approved the request. Council Member PAGE 10 85 86 Council Minutes June 22, 1992 Kuether moved to approve the request. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 7:33 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at a regular Council meeting held on July 13, 1992. Ma.ilyn G. Anderson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 11 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 78 RESOLUTION DELETING CERTAIN PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 1 - 4 WHEREAS, the City of Lino Lakes (City) established Development District No. 1 on January 26, 1987, pursuant to Minnesota Statutes 469.124 through 469.134; and WHEREAS, within Development District No. 1, the City has established four tax increment financing districts in order to assist projects which would not have occurred but for public intervention; and WHEREAS, pursuant to its policy and consistent with the program adopted for Development District No. 1, the City established Tax Increment Financing District No. 1 -4 (TIF No. 1 -4) on March 26, 1990; and WHEREAS, WHEREAS, WHEREAS, original agrees be certain development which was anticipated has not occurred on several parcels within TIF No. 1 -4; and the City wishes to delete those parcels from TIF No. 1 -4 prior to two years from the date of certification of the original tax capacity of the parcels; and the City may eliminate the parcels from TIF No. 1 -4 without a formal plan modification if the current next tax capacity of the parcels equals or exceeds the net tax capacity of those parcels or if the City that the original net capacity of TIF No. 1 -4 will reduced by no more than the current net tax capacity of the parcels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The following parcels are hereby eliminated from TIF No. 1 -4: PIN. 18- 31 -22 -33 -0003 PIN. 18- 31 -22 -33 -0005 PIN. 18- 31 -22 -34 -0004 2. Pursuant to Minnesota Statutes 469.175, Subd. 4, the City hereby agrees with regard to any parcel whose current net tax capacity is less than the original net tax capacity that the 87 88 RESOLUTION NO. 92 - 78 PAGE -2- original net tax capacity of TIF No. 1 -4 may be reduced by no more than the current net tax capacity of the parcel; 3. The clerk- treasurer is directed to send a copy of this resolution to Anoka County with a request to delete the named parcels from TIF No. 1 -4; and 4. The city staff is authorized and directed to take any and all other actions reasonably necessary to effect the intent of the City in this matter. Dated: June 22, 1992. Vernon F. Reinert, Mayor ATTEST: Marilyn G! Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Elliott. The following voted against same: none, Mayor Reinert and Council Member Bergeson were absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 92 — 76 A RESOLUTION ABATING ASSESSMENT ON OUTLOT A, BRANDYWOOD ESTATES, PIN: 27- 31 -22 -32 -0026 WHEREAS, WHEREAS, WHEREAS, The Lino Lakes City Council has previously specially assessed a certain property identified above, and Such property has now been platted into Brandywood Estates, Second Addition, and It is appropriate to spread the previous assessment over the 14 newly created lots in Outlot A and the newly created Outlot A, Brandywood Estates, Second Addition, NOW, THEREFORE, it is hereby resolved by the City Council of the City of Lino Lakes, Minnesota: 1. That the assessment previously assessed to Outlot A, Brandywood Estates in the amount of $182,316.30 plus all penalties and interest is hereby abated. 2. That an assessment for Brandywood Estates, Second Addition be determined by the City Engineer taking into consideration the previously assessed amount plus interest for 1992. 3. The Clerk, if necessary, shall forthwith transmit a certified copy of this resolution to the County Auditor to provide for the abatement of the original assessment in the amount of $182,316.30. Adopted by the Lino Lakes City Council th. ay of June, 1992. Vernon F. Reinert, Mayor Marilyn J. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Elliott. The following voted against same: None, Mayor Reinert, Council Member Bergeson were absent. Whereupon said resolution was declared duly passed and adopted. 89