HomeMy WebLinkAbout04/07/1993 Council Minutes1
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COUNCIL WORK SESSION
CITY OF LINO LAKES
COUNCIL MINUTES
APRIL 7, 1993
Staff members present: City Engineer, Darrell Schneider; City
Consulting Planner, Al Brixius; City Attorney, Bill Hawkins;
Parks Director, Marty Asleson; City Administrator, Randy
Schumacher and Clerk -Treasurer Marilyn Anderson.
Reshanau Park Estates Boat Access, Update - Mr. Schumacher gave
the City Council a handout on this matter. The first two (2)
pages of the handout consisted of a letter written by Mr.
Schumacher, dated March 9, 1993 to the property owners in
Reshanau Park Estates. The following three (3) pages consist of
a letter dated March 29, 1993 written by attorney Thomas M. Hart,
a letter to Bob Snell, Managing Editor, Quad Community Press from
Tom Schaefer, a press release prepared by Tom Schaefer, a letter
dated March 31, 1993 to the City Council from Kerry Ostergren,
Director, Reshanau Park Estates Homeowner's Association and a
letter dated April 2, 1993 to Ms. Ostergren from Mr. Schumacher.
The handout relates to an alleged act of vandalism at Outlots A
and B, Reshanau Park Estates by six (6) persons including two (2)
City board or commission members.
Mr. Hawkins explained that the matter has been referred to the
County Attorney. The Police Department and the Reshanau Park
Estates Homeowner's Association have asked that prosecution be
delayed because mediation on the entire matter is planned. Mr.
Hawkins also noted that if the matter is to be prosecuted, that
determination will be made by the County Attorney and will be
based on facts and the law.
Mr. Hawkins further explained that the Homeowner's Association
has the right to use Outlots A and B. Horseshoe and volley ball
games are legitimate uses, however the placement of a boat launch
is a large increase in use. The question is, "at what point does
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activity on the outlots rise so it is not a permitted activity?"
It can be argued that a boat launch is an accessory use, however
in that case the boat launch cannot be constructed until the
principal use is constructed. Mr. Hawkins explained that
permitted uses on residential lots would include a dwelling with
a boat launch for the owner of the house. That would be normal
accessory uses. He explained that if this matter cannot be
resolved by mediation, there could be cause for legal action by
the City.
Council Member Kuether asked if everything that has happened on
the Outlots is legal except for the boat launch. Mr. Hawkins
said that he has not viewed the area and did not know.
Mr. Brixius read a portion of the City Code that requires a site
plan review for improvements on the outlots and he also noted
that a permit process is outlined in the Shoreland Ordinance. He
felt that if there is to be any alteration on the outlots a PDO
rezone is required as well as a site plan and a grading plan.
Mr. Brixius stated that a boat launch is a non riparian use of
the lake and since such usage is not mentioned in the Shoreland
Ordinance it is questionable if it is permitted.
Mr. Hawkins explained that when this matter was under discussion
last fall, the improvements to the outlots were not prohibited
and the courts do not issue orders to prevent something that has
not been done. However, at this time activities show what the
Homeowner's Association intend to do with them. He said he would
prefer that an agreement regarding the use of the outlots be
completed otherwise the City Council will have to take legal
action.
Mayor Reinert explained that a legal opinion on this matter was
requested by the City Council. He also explained that Mediation
Services will meet with Mr. Schumacher and Mr. Hawkins to prepare
for individual meetings with the Reshanau Park Estates
Homeowner's Association and the Reshanau Lake Association
members. The City will step back and allow Mediation Services to
complete its process and come to an understanding.
Mayor Reinert asked that Mr. Hawkins and Mr. Brixius prepare a
complete and specific outline of the City's position. He noted
that some residents are very new to the City and are not familiar
with the sensitive environment in this area. Mr. Schumacher
explained that this outline will be available on Monday (April
12, 1993) for City Council review.
Update, Pornography Ordinance - The Planning and Zoning Board
will be holding a public hearing on the draft ordinance. Mr.
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COUNCIL WORK SESSION APRIL 7, 1993
Schumacher, Mr. Brixius and Mr. Hawkins have met and determined
that there are two (2) more areas where specific language is
needed. Mr. Brixius noted that it is important to establish a
"paper trail" to make findings because it is illegal to outright
prohibit adult usages. However, such usages can be regulated and
licensed. The intent will be to zone uses and allow for a
separation between such uses.
Mr. Hawkins referred to the recent ordinance enacted by the City
of Ramsey and noted that Lino Lakes must determine how to zone
all adult uses. It must be determined how best to serve the
community but not so restrictive otherwise the City could face
litigation. Council Member Bergeson asked what could be done in
terms of licensing. Mr. Hawkins explained that there must be a
basis between the fee and why the fee is collected. Mr. Brixius
explained that the City of New Hope used police department costs
and costs from other cities as a basis for their fee. Mr.
Hawkins explained that the fee is basically for enforcement of
the ordinance and monitoring.
Ross° Corner, Update - Anoka County has made an offer to Mr. Ross
for acquisition of additional right-of-way from Mr. Ross. An
appraisal must be made and the parcel is in a TIF redevelopment
district. There is a concern regarding the County purchasing the
right-of-way and destroying the buildings. Mr. Schumacher
proposed that the City establish a new TIF district. This will
establish a three (3) year period in which something can be done
with the property.
Mayor Reinert asked that Mr. Batty meet with the Economic
Development Authority Board and prepare a recommendation for the
City Council.
Mr. Ross was in the audience and expressed concern over the time
element. He explained that he would like to settle with Anoka
County in the next 30 to 60 days. Mr. Schumacher noted that the
letter he had received from Anoka County outlined a July 15, 1993
deadline. Mr. Ross said things have changed since that letter
was written. He is not looking at rebuilding but relocating.
Mr. Ross also explained that he is not the only person looking at
a particular place to relocate.
It was determined that the matter should be placed on the
Economic Development Authority Board agenda and then the next
City Council agenda.
Voice Mail, Reminder
Mayor Reinert noted that he was having trouble with his voice
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mail. Mr. Schumacher asked him to talk to the receptionist about
rectifying the situation.
Council Member Kuether noted that she is also having a problem
and messages may be accumulating. She was asked to contact the
receptionist.
Council Member Bergeson explained that he did go through the
Voice Mail training session but still is unsure of the
procedures. Mr. Schumacher explained that if any Council Member
is having a problem, they should contact the receptionist.
Consideration of Designating City Hall Smoke Free
Mr. Schumacher explained that none of the employees smoke and it
seems to be a good time to make the building "smoke free". He
noted that all schools and most public buildings are also now
"smoke free". It was the consensus of the City Council that the
matter should be placed on the agenda for Council action.
Forest Lake Hospital Lease
Mayor Reinert explained that there is a great amount of talk
regarding the possible sale/lease of the District Memorial
Hospital to Health One. He noted that he has attended two (2)
meetings on the matter. There are two (2) groups with two (2)
different opinions and he has talked to both groups.
Council Member Kuether explained that she has received many
telephone calls on the matter but is not sure what is happening.
Mr. Schumacher explained the current situation.
Mr. Schumacher will contact each group and ask them to send a
representative to update the City Council.
Charlene Bergerson - Rose Communications
Ms. Bergerson explained that Forest Lake is celebrating its
centennial and she is preparing a centennial book. She asked if
the City would consider purchasing space congratulating the City
of Forest Lake. Mr. Schumacher was directed to determine if
there is funding for such an add.
Friends of the Parks Foundation
Council Member Bergeson explained that this organization will be
asking the City to support the "start-up" process so that the
foundation can complete its legal requirements to become a non-
profit organization. A request will be make for approximately
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$500.00 for the development of a brochure, $175.00 for non-profit
filing fees and $200,00 for other expenses such as postage.
Council Member Bergeson explained that there is a requirement
that the non-profit organization be linked to the City and this
will be done through the Board of Directors. The link will also
be noted in the by-laws. Council Member Bergeson will update the
City Council on this matter at the next work session.
Regular Agenda, April 12, 1993
Item 4A Ordinance No. 93 - 04 Amending the Lino Lakes Zoning
Ordinance by Repealing Public and Semi -Public Uses From Various
Zoning Districts Within the City, Second Reading was taken off
the agenda until mediation is completed.
Item 6A Consideration of Short Term Park Goals, 1993 was
discussed by Council Member Elliott. Council Member Kuether
expressed concern regarding the request to start looking at
purchasing land for an athletic complex. She noted that the area
proposed would also be a beautiful area for new homes. Council
Member Kuether expressed concern regarding taking good land off
of the tax rolls. Council Member Elliott explained that the Park
Board has researched the matter very thoroughly during the
-•preparation of the Park Comprehensive Plan. This appears to be a
very good location because development has not started in the
area.
Council Member Bergeson noted that new DNR rules are in effect in
Lino Lakes and the City Council should get a report on what
affect the new rules have on available developable land. Mr.
Schneider noted that the density will be considerably less than
originally thought. He explained that there will be a meeting in
the council chambers on April 19, 1993 at 8:30 A.M. with
developers and other interested people regarding this matter.
Item 11B League of Minnesota Cities Conference in St. Cloud was
discussed. Mayor Reinert will attend, Council Member Neal will
attend, Council Member Bergeson will attend a portion of the
conference and Council Member Elliott will not attend. Council
Member Kuether will give the Clerk this information later.
The work session adjourned at 6:55 P.M.
These minutes were considered, corrected and approved at a
regular Council meeting on June 7, 1993.
artily G./Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor
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