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HomeMy WebLinkAbout04/07/1993 Council Minutes1 1 1 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 PAGE 1 COUNCIL WORK SESSION APRIL 7, 1993 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. PAGE 2 1 1 1 1 1 1 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 PAGE 3 COUNCIL WORK SESSION APRIL 7, 1993 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 PAGE 4 1 1 1 1 1 COUNCIL WORK SESSION APRIL 7, 1993 $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 PAGE 5