HomeMy WebLinkAbout06/22/1992 Council Minutes76
Council Minutes
CITY OF LINO LAKES
COUNCIL MINUTES
June 22, 1992
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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
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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
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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
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-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
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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
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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.
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-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.
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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
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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.
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- 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
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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
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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
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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.
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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.
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