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HomeMy WebLinkAbout06/23/1993 Council Minutes1 1 1 COUNCIL WORK SESSION CITY OF LINO LAKES COUNCIL MINUTES JUNE 23, 1993 DATE ............................................... ................................................ ............................................... ................................................ 'TIME:STARTED ................................................ ............................................... ................................................ TIME>>ENDED ................................................ ............................................... ................................................ ............................................... MEMBERS <PRES: ................................................. ................................................ ............................................... MEMBERSABSIEI Staff members present: City Engineer, Consulting Planner, Al Brixius; Public Planning Coordinator, Mary Kay Wyland; Schumacher and Clerk -Treasurer Marilyn Darrell Schneider; Works Director, Don Volk; City Administrator, Randy Anderson. Mayor Reinert explained that he felt that the last City Council meeting was one of the worst meetings because of lack of information. He asked that Council Liaisons be informed about particular issues if a department head is unable to attend the Council meeting to present the issue. Mayor Reinert also felt that Mr. Hawkins should have been prepared with dollar figures regarding the Apollo Drive parcel acquisitions. Fences in Easement Policy (Wenzel Farms Example) Mr. Schneider explained that an easement is placed over the back 10 feet of each residential lot for utility and drainage purposes. There is a problem in Wenzel Farms because new home owners are bringing in black dirt and sodding thus changing the elevations of their lots. In addition they are erecting fences in these easements as well as planting trees. This work is causing some drainage problems for the area. Some residents are complaining about the drainage and other residents do not want anything to be done about the situation. A survey was sent to the homeowners in an effort to determine what the neighborhood would like done about the situation. The responses are being tabulated and there will be a meeting on Thursday, June 24, 1993 to talk about the options. Mr. Schneider asked if the City Council feels that a policy should be drafted regarding the use of easements on back lot lines. This policy could be part of the new home owners manual. PAGE 1 207 208 COUNCIL WORK SESSION JUNE 23, 1993 Council Member Kuether said that normally new home owners want to mow only the fenced area. If the City prohibits fencing the last 10 feet of their lot, there may be a 20 foot area that will not be maintained. Mr.. Schneider explained that the Wenzel Farms drainage problem is somewhat unique. There are 12 home to each catch basin. A new policy is now being established to allow only 360 feet between catch basins. This would allow three (3) or four (4) houses to each catch basin and should provide better drainage. Mayor Reinert asked that the City Council be updated regarding the June 24th meeting. Regular Council Agenda Item No. 3E, SECOND READING, Ordinance No. 93 - 08, Planned Unit Development (PUD) Base Zoning Designation - Council Member Bergeson reminded the City Council that this matter was on the June 14, 1993 Council Agenda and tabled for additional information from the Consulting City Planner. He noted that less than one (1) year ago, the City had a PUD zoning district and this was eliminated and a Planned Development Overlay (PDO) was adopted. Council Member Bergeson had asked that Mr. Brixius explain why the PUD was brought back and what is the difference between this PUD and the PUD originally in the City Code. Mr. Brixius explained that a PUD gives the City some options not available with a PDO. It allows for mixed uses of properties in a particular zone. A PDO only allows the uses already outlined in the base zoning. Council Member Bergeson asked if an applicant has the right to a PUD? Mr. Brixius explained only if the requests fulfills the requirements of the ordinances. Mayor Reinert asked what advantage does a developer have with a PUD. Mr. Brixius explained that a developer could purchase property and then plan the development with several types of uses such as multiple family with some neighborhood businesses. A development contract would be written and all of the requirements would be included in the contract. The entire development would be one (1) "package". He said that the purpose of a PUD would not be to bring a use into conformity but to all diversity in development uses. Mr. Brixius noted that PUD developments are used by many communities for mixed development. Mr. Brixius was asked if the PDO designation would be continued. He explained that PDO's could be eliminated and conditional use permits could be used instead. PAGE 2 1 1 1 1 1 1 - 209 COUNCIL WORK SESSION JUNE 23, 1993 Mayor Reinert felt that the Economic Development Advisory Board should give input into this proposal. He also felt that this is a critical area and the City should not be "flip flopping" between PDO and PUD. Mr. Brixius noted that all zoning authority rests with the City Council. If the proposal does not meet all the criteria of the ordinances, then the City Council should not give its approval. Council Member Bergeson noted that the reason this matter is before the City Council at this time is because of the request received last fall for the use of property west of Molin Concrete. Ms. Wyland explained that this landowner is aware that this new zoning proposal is before the City Council. Mr. Brixius gave several examples where the PUD ordinance was used by the City in the past. This item will not be on the June 28, 1993 agenda and will be given to the EDAB for consideration at their next meeting. Agenda Item 3A, Consideration of Country Lakes Estates Preliminary Plat - Mr. Brixius explained that this item will be on the June 28, 1993 agenda. The property is zoned Single Family Residential (R-1) and a PDO overlay has been requested to allow lot size flexibility. Lots 5, 6 and 7, Block 1 do not have sufficient contiguous square footage over the 100 year flood elevation. The Planning and Zoning Board has recommended approval with the conditions outlined in the Planner's report. The consensus of the City Council is that lots 5, 6 and 7, Block 1 should be reconfigured to make only two (2) lots. This will provide adequate square footage for each lot. Agenda Item 4E, Consideration of Establishing Criteria for MUSA Boundary Changes - Mr. Brixius explained that there is no established criteria for exchanging MUSA areas. The proposed plat Behm Century Farms has prompted the staff to consider drafting such criteria. Mr. Brixius read his list of proposed criteria. He suggested that if a formal policy is adopted, the staff can let a developer know "up front" if his proposed project is acceptable. Mr. Brixius will prepare a resolution to be included on the June 28, 1993 agenda. Campaign Financing Law Council Member Kuether suggested that a limit on the number and location of campaign signs be considered with the proposed PAGE 3 ?_ 1 0 COUNCIL WORK SESSION JUNE 23, 1993 campaign financing law. The City Council discussed drafting a new ordinance regulating the amount of contributions a person or organization can make to a candidate for mayor or council member. It was suggested that all donations be disclosed regardless of the amount and names of persons donating less than $25.00 be withheld. Mrs. Anderson gave a brief summary of the new legislation just passed by the state legislature which becomes effective January 1, 1994. She also noted that the City of St. Paul and the City of Minneapolis are the only two (2) metropolitan area cities with ordinances regulating campaign contributions. The primary focus for both cities is to report all contributions. After discussing the matter, the City Council instructed staff to prepare a draft ordinance restricting contributions to no more than $25.00 per person, business establishment or committee. The draft ordinance will be considered at the next work session. Annexation Hearing Update The annexation hearing is scheduled for June 30, 1993 and will be held in the Centerville city hall starting at 9:30 A.M. The hearing may be continued on Thursday if needed. Staff has met and prepared testimony for the hearing. Hugo/Lino Lakes Joint Meeting Mr. Schumacher has met with the administrator for the City of Hugo regarding setting a joint Council meeting. Seven (7) or eight (8) items of concern have been proposed as topics for discussion. Mr. Schumacher will clear a date and let the City Council know what date has been selected. Mayor Reinert noted that the City of Centerville should be included in these discussion and all three (3) cities should discuss development issues. NSP Partnership - Deregulation - Mr. Schumacher has met with Mr. Dave Schwartz, NSP regarding the impact of deregulation and to look at creating a partnership between this City and NSP on a trial basis. The partnership would consist of sharing information and possibly forming an economic development partnership. The first step is to determine if the City Council is interested in a partnership. The City of Lino Lakes and the City of St. Paul will be the first cities invited by NSP to form such a partnership. Mr. Schumacher explained that being one of the first cities may mean more flexibility and innovation in this PAGE 4 1 1 1 1 1 1 COUNCIL WORK SESSION JUNE 23, 1993 partnership. The consensus of the City Council was to allow Mr. Schumacher to continue to work with Mr. Schwartz at NSP and with department heads to "brain storm" and then return to the City Council with recommendations. Mayor Reinert said he felt that this was an excellent opportunity for Lino Lakes and shared some similar projects in Wisconsin he was familar with. He asked that all Council Members let Mr. Schumacher know if there are specific areas that they would be interested in. Council Member Kuether asked that Mr. Schumacher also prepare a list of negatives for such a partnership. Condemnation - Jan Clingingsmith Mr. Schneider explained that Ms. Clingingsmith is an underlying property owner on some of the property that will be needed for the Lake Drive/Highway 49 intersection improvement. At this time appraisers are being determined for both the Clingingsmith's and the City and there will be a period of negotiations to obtain ownership of the property. All easements must be acquired before the improvement project can go for bids. Ms. Clingingsmith has indicated that she may be open to trading her interest in the area needed for street easement for a portion of Lot 12 which is owned by the City. Originally the City had obtained title to the lot for the purpose of constructing a park and ride lot. Such use is not presently needed. Mayor Reinert asked that negotiations continue and a trade off be completed if possible. Gambling Ordinance Amendment (Bob Doocy) Mr. Schumacher explained that Mr. Doocy has written a letter requesting that the Gambling Ordinance be amended to allow "sister" organizations from adjoining communities the opportunity to conduct a gambling occasion each year. Specifically, the Circle -Lex Lioness Club wants to conduct bingo at Sandbur Days in Sunrise Park. Mr. Doocy's letter was read to the City Council. Mr. Schumacher explained that the present Gambling Ordinance is working well. Limiting licenses to Lino Lakes non-profit organizations is keeping most of the gambling proceeds in the City for benefit of the residents which was the intent of the ordinance. There were suggestions that the Lino Lakes Lioness Club obtain the gambling license or if the Circle -Lex Lions Club has fifteen (15) members in Lino Lakes, they may obtain the PAGE 5 211 212 COUNCIL WORK SESSION JUNE 23, 1993 gambling license. The consensus of the City Council is to not amend the present Gambling Ordinance. The City Council did indicate that they were open to suggestions on the matter. June 28, 1993 Agenda Open Mike, Mary Ann McDougal - Ms. McDougal has asked to be on Open Mike to discuss the deer population in her neighborhood (south of Baldwin Lake). She is currently receiving medical care for Lymes Disease which comes from a deer tick bite. Deer are known carriers of deer ticks. Ms. McDougal will also discuss the property damage caused by the large number of deer in her area. Ms. McDougal may also give the City Council some suggestions regarding controlling the deer population. Ron Palmen, Driveway Access - Mr. Schneider explained that he has been in contact with Mr. Palmen for about the past nine (9) months about this matter. Mr. Palmen has purchased property that has no access because the DNR has determined that his frontage is all protected wetland. Mr. Palmen has submitted a plan to use the street easement for the location of his driveway. However, there are two (2) driveways already located on the easement. Mr. Palmen would like the City to provide some means of access to his property. Mr. Schneider also indicated that Mr. Palmen has mentioned the Darla Lowell matter and felt that the City did accommodate her requests. Mr. Schneider will check the files to determine how the Darla Lowell matter was concluded and to determine if all conditions relating to this matter have been fulfilled. Council Member Kuether asked that Mr. Palmen attend the next work session to discuss the matter with the City Council. Police Department Parking Lot Council Member Kuether questioned the parking lot improvement at the Police Department. Mr. Volk explained that as much of the parking lot as possible was completed with the available funding. Currently there is a concern regarding a ditch running along the parking lot. Mr. Volk was asked to bring a report to the next work session on the matter. Agenda Item No. 6, Ordinance No. 93 - 09 Amending the Lino Lakes City Code by Adding Section 904, Declaring Weeds and Grass Over One Foot in Height and Weeds Which Have Gone to Seed or Growing in the City of Lino Lakes to be a Nuisance, and Providing a PAGE 6 1 1 1 1 1 1 COUNCIL WORK SESSION JUNE 23, 1993 Method for the Removal Thereof - Mr. Schumacher explained that many complaints have been received regarding unmowed and unkept lawns. The present ordinances do not provide an adequate method of removing these complaints. The proposed ordinance would outline how the situation would be resolved. This ordinance would require a second reading. Agenda Item No. 7, Consideration of Position on Police Common Ground Proposal - Mr. Schumacher explained that at the May Common Ground meeting it was the consensus of the group that a joint law enforcement agency was not feasible given finances and level of service required. A resolution will be prepared on this matter. Mayor Reinert felt that plenty of opportunity for cooperation on this matter was allowed. Agenda Item No. 8, Consideration of Authorizing the Administrator to Enter Into a Contract for Police Chief Search Process - Mr. Schumacher explained that he has received two (2) proposals for filling the vacant Chief of Police position. A Ways and Means meeting will be held prior to the June 28th City Council meeting to prepare a recommendation on this matter. Agenda Item No. 9, Consideration of Building Inspections Department Staffing Needs - The current rate of 400 plus building permits per year is stretching the current personnel to its limit and is causing a heavy liability for the City. Mr. Schumacher explained that he has researched the matter and finds that other cities who build 250 to 300 homes per year have at least two (2) full time building inspectors. He will be recommending that Mr. Jackson, the current part-time building inspector be hired on a permanent basis. The salary will come from added revenue from building permits. Agenda Item No. 10, Consideration of Filling Vacancy on Economic Development Authority Advisory Board - Mr. Wessel has prepared a recommendation that Mr. Fred Chase be appointed to fill the vacant position. Mr. Chase has previous experience working with City Staff as a Planning and Zoning Board member. Agenda Item No. 11, Consideration of a Joint Powers Agreement With Anoka County for Assessment Services - The current five (5) year contract with Anoka County will be ending its fifth year. Another proposal has been received from Anoka County. Mr. Schumacher recommended that if the City Council is satisfied with the current relationship, it be continued by approving the Joint Powers Agreement. Agenda Item No. 12A, Consider Offer From TKDA in the Settlement of Reshanau Lake Trunk Sewer Project - Mr. Schneider explained PAGE 7 213 214 COUNCIL WORK SESSION JUNE 23, 1993 that extra costs in the amount of $28,000.00 were incurred in this project due to dewatering and fill for proposed house pads in the Pineridge Addition. TKDA has offered to pay the major additional portion of the compaction costs. TKDA has also recommended that the developer pay for additional costs to this project and other costs associated with modifications the developer made in the City sewer system. Mr. Schneider explained that he will recommend that the City accept the offer from TKDA and that the City Attorney prepare a recommendation regarding the developer involvement in this matter. Agenda Item No. 14A, Consideration of Internal Revenue Service Mileage Update - Mr. Schumacher explained that the current City policy allows the payment of 22 cents per mile for mileage for City matters. Currently the IRS allows 27 cents per mile. Mr. Schumacher will be requesting that the City change its reimbursement policy to 27 cents per mile. Agenda Item No. 4D, Anoka County Request to Support Interchange at I35W and County Road 14 (Main Street) - Mr. Schneider has received a request from the Anoka County Engineer for support of construction of the above described interchange. Mr. Schneider will prepare a response to this request. This matter will be placed on the June 28th City Council agenda. The work session was adjourned at 7:40 P.M. These minutes were considered, corrected and approved at the regular City Council meeting held on July 12, 1993. Marily G./Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 8