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HomeMy WebLinkAbout01/24/1994 Council Minutes1 CITY OF LINO LAKES COUNCIL MINUTES SE EN ............... ............... ............... .............. Staff members present: Planning Coordinator Wyland, Planning Consultant Brixius, Parks Superintendent Asleson, Public Works Director Volk. SETTING AGENDA Councilmember Kuether asked that Disbursements 1. and 2. be placed under Old Business. REGULAR MEETING: OPEN MIKE: Mr. Tom Stoltz was scheduled to speak on the Waste Management Fee, but was not present. He will be rescheduled. Resolution No. 94-02 Approving Organization Chart & Reporting Guidelines: Mr. Schumacher reviewed the Resolution approving the Organizational Chart and briefly explained the reporting guidelines. He stated that this should add increased proficiency to the various departments. Councilmember Kuether stated that she had a number of questions and would like to see this put on hold until the next Work Session. She would also like to see pay ranges and job descriptions included on the chart or as an attachment. Councilmember Bergeson stated that he thought this was something the City needed to do, but had some questions regarding costs. He would like to see a rough estimate of what this will cost the City. He added that it is important that there is full support from the Council. Mayor Reinert stated that the more horizontal arrangement should aid in building more efficiency. After some discussion Councilmember Bergeson made a motion tabling this item to allow additional discussion at a Work Session. Councilmember Kuether seconded the motion. All voted aye. Motion carried. PLANNING & ZONING REPORT: A. Minor Subdivision, 582 Main Street, Francis Lichtscheidl Planning Coordinator Wyland reviewed this item which is a minor k OUNCIL MINUTES JANUARY 24, 1994 subdivision to split a 1.94 acre parcel containing an existing homestead, from a 37 acre parcel of property located just south of Main Street and east of Fourth Avenue. The property is Zoned R-1 Residential and is located within the MUSA Boundary. Ordinance No. 93-18 provides that a property may be split down to 1 acre (containing a homestead) provided the balance of the property is 10 acres or more. The purpose of this subdivision is to allow the larger parcel to be sold for future development. Staff and the Planning & Zoning Board have recommended approval of this request. Councilmember Kuether asked why the property was not reduced in size to 1 acre. Ms. Wyland explained that there is a septic system behind the home that would prohibit this. The proposed arrangement also is similar in size to the property to the west. Councilmember Kuether made a motion approving the subdivision request as submitted. Councilmember Neal seconded the motion. All voted aye. Motion carried. B. Minor Subdivision, James Keefe, 6300 Rolling Hills Drive Ms. Wyland explained that this is a request to split 10 acres from a 37.5 acre parcel. The property is Zoned Rural and a 10 acre minimum is required on any lot splits. Mr. Keefe is requesting this subdivision to allow him to refinance his home and actually had no plans of selling either of the newly created lots. Staff and the Planning & Zoning Board have recommended approval of this minor subdivision with the condition that an easement be provided for access purposes over the existing driveway. Councilmember Kuether moved and was supported by Councilmember Bergeson to approve the minor subdivision with the condition an easement be provided for access purposes over the existing driveway. All voted aye. Motion carried. C. Fox Trace, Preliminary Plat Planning Consultant Brixius reviewed this request which is to plat a 25.67 acre parcel Zoned R-1 into 52 single family homesites. The City is preparing a feasibility report on the extension of utilities. The RCWD has approved the development plan, and the Park Board had recommended a cash dedication in lieu of land with a trail segment to be provided on an existing APA Utility Easement south of this site when that property develops. A trail link on the western edge of the site was also discussed. The Planning & Zoning Board has reviewed the request and has recommended approval with the conditions outlined in the Planning Report dated January 4, 1994. Mr. Brixius then reviewed that report. Councilmember Bergeson asked if there was a safety concern with the access onto Hwy 49. Mr. Brixius stated that there appeared to be no sight -distance problems and added that there will be no homes constructed at this location due to wetlands. Mayor Reinert asked about double frontage lots and was advised that they must be 2 1 1 COUNCIL MINUTES JANUARY 24, 1994 deeper, 145' minimum, and generally staff asks for some type of landscape buffer/berming. Councilmember Kuether asked where the name had come from. Tim Kytonen, representing Clyde Rehbein, stated Mr. Rehbein had seen similar names in the southern part of the country. Councilmember Bergeson then made a motion to approve the subdivision as presented, with the following conditions: 1. The City vacate the north 33' of 62nd Street between Ware Road and Hwy 49, except for the westerly 150'(approximately). 2. Lots 13 and 14, Block 1 be modified to contain adequate minimum lot areas. 3. A cul-de-sac is provided at the south terminus of Linda Lane. Said cul-de-sac shall be constructed within an easement and granted to the City. 4. Required drainage and utility easements shall be so indicated on the plat. 5. The grading and drainage and utility plan is approved by the City Engineer. 6. Plat access to Hwy 49 is approved by MnDOT. 7. The City retain the southern 33 feet of the 62nd Street right of way for future trailway subject to Park Board approval. 8. Park Dedication be provided in the form of a cash dedication with a trail segment to be determined on the western portion of the plat. 9. An easement is obtained which overlays that portion of the adjacent property to the north which is to be graded as part of the subject project. 10. The proposed street easement within the south lying property be reconfigured to provide 60 feet of easement width to the south of existing power pole locations. Councilmember Kuether seconded the motion. All voted aye. Motion carried. D. Preliminary Plat and Rezoning, Pheasant Hills Preserve Fifth Planning Consultant Brixius explained that this request is to rezone 8.5 acres from PSP to R -1X and add it to a 17.3 acre parcel to be known as Pheasant Hills Preserve Fifth Addition. This addition will contain 36 single family homes. The Staff and the Planning & Zoning Board have recommended approval with the conditions contained in the January 5, 1994 Planning Report. Mayor Reinert asked about the proposed Outlots. Mr. Brixius stated that this plat has a Homeowners Association who will be responsible for the maintenance and taxes on the outlots. This information is to appear on the deeds for the individual lots. When the preliminary plat was approved, several years ago, this arrangement was approved and it planned to be continued throughout the platting of the balance of the Pheasant Hills Property. There was some discussion regarding trail concerns. Jeff Shopek, representing the developer, indicated that they would be providing 3 ^-t-COUNCIL MINUTES JANUARY 24, 1994 a trail link on the north west corner of this plat if so required by the Park Board. That trail would be located on Lot 1, Block 6. Councilmember Bergeson asked about cul-de-sac islands and was advised that the City is not allowing them in any additional plats, however, the Pheasant Hills Preliminary Plat was approved with cul- de-sac island. They will be allowed in this plat only, provided they meet City Standards. Councilmember Elliott made a motion adopting Ordinance No. 94-2 Rezoning 8.5 acres from PSP to R -1X and approving the preliminary plat for Pheasant Hills Fifth Addition with the following conditions: 1. A trail segment be provided along Lot 1, Block 6 and Park Dedication shall be as approved by the City Park Board. 2. Lots 2 and 3 be enlarged to meet minimum lot area standards for the R -1X District. 3. Cul-de-sac islands will be allowed in this development per City specification. 4. Cul-de-sacs shall be provided at the west end of Pheasant Hills Drive and the north end of Timberwolf Trail. 5. A landscaping plan shall be provided which illustrates screening along the rear lot lines of Lots 1,2,3, Block 1, from Birch Street. 6. The City Engineer shall approve the grading, drainage and utility plan. 7. Access permits shall be obtained from Anoka County Hwy Dpt. Councilmember Kuether seconded the motion. All voted aye. Motion carried. E. LaMotte/Whitcomb Rezoning from R-1 to R -1X, South of Birch St. & West of 12th Avenue. Mr. Brixius advised the Council that this request is a City initiated rezoning. The property to the north and east of this area is currently Zoned R -1X, the property to the west is Zoned R- 1. It is the opinion of City Staff that this property would be best utilized as R -1X. Mr. Brixius then reviewed the Planning Report and stated that the Planning & Zoning Board had recommended approval of the rezoning. There were some property owners present at the P & Z meeting who indicated that they wanted the property to remain rural in character, however, there is a developer who has purchased a portion of the property and hopes to extend utilities and develop single family homes. We do not have an application for this project yet, however, the larger lots sizes provided by the R - 1X Zoning would fit better with the character of the area and the existing homes located on larger parcels. This is another example of the Urban vs. Rural debate. Mr. Al DeMotts, neighboring property owner, stated that he feels the area should be zoned for 2 1/2 acre lots because of the extensive wetlands in the area. He asked what effect another 100 homes would have on traffic for Holly Drive. 4 1 1 1 COUNCIL MINUTES JANUARY 24, 1994 Mayor Reinert explained that the only item the Council is addressing at this time is the Rezoning from R-1 to R -1X. We do not have a subdivision request at this time. If we do get a concept plan, then these questions can be addressed. Mr. Demotts also indicated that he felt Holly Drive should be extended through to Centerville Road. He stated that the school buses traveled on that road about 25 years ago. He also questioned when the property was rezoned from Rural to R-1. Mr. Brixius explained that the property south of Holly was rezoned around 1990. The area north of Holly has been Zoned R-1 and in the MUSA since 1987. After some discussion Councilmember Kuether approved the first reading of Ordinance No. 94-1 Rezoning the property south of Birch and West of 12th Avenue (Whitcomb/LaMotte Property) from R-1 to R - 1X. Councilmember Bergeson seconded the motion. All voted aye. Motion carried. F. SECOND READING, Ordinance No. 93-23, Extended Home Occupations in R -BR Zoning District & Ordinance No. 93-24, Interim Use Ordinance Mr. Brixius advised the Council that these two Ordinances were given their first reading at the December 13, 1993 Council Meeting. He briefly reviewed the staff report and explained that a Conditional Use Permit goes with the land, not the landowner whereas an Interim Use Permit is a relatively new mechanism that allows Cities to put conditions on a time frame. This particular vehicle offers greater flexibility in regulating use permits. He explained that the long term goal for the R -BR Zoning District is redevelopment - we do not want to promote non -conforming uses, therefore, the interim use permit will provide an ending date. Mayor Reinert asked if we could bring other conditional uses back to the Council and make them interim use permits. Mr. Brixius explained that a conditional use is something that is allowed within the Zoning District with certain conditions. After some discussion, Councilmember Elliott made a motion approving Ordinance No. 93-23 and was supported by Councilmember Bergeson. All voted aye. Motion carried. Councilmember Kuether made a motion approving Ordinance No 93-24 and was supported by Councilmember Elliott. All voted aye. Motion carried. 4. APPROVING PLANS & SPECIFICATIONS, SHORES OF MARSHAN PARK BLDG. Don Volk reviewed this item for the Council and advised them that we would be going out for bids on the remodeling project. Councilmember Elliott thanked the Park Board for all their hard work in dealing with this issue. Councilmember Kuether then made 5 ?(COUNCIL MINUTES JANUARY 24, 1994 a motion approving the plans and specifications as presented. Councilmember Neal seconded the motion. All voted aye. Motion carried. S. PUBLIC HEARING FOR 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING The Public Hearing was opened for continuation at 7:55 P.M. Mr. Schumacher explained that the City has $33,545 available for the 1994-95 budget year. Comments and requests were being solicited tonight and a decision from the Council on February 14, 1994. Councilmember Kuether asked if we had not budgeted for the Therapeutic Recreation Program and was advised that we had, however, the request by the City is for continued funding. Mr. Steve Onel from the Forest Lake YRB was present to request $2,000. He described his program and stated that approximately 545 people from the Lino Lakes area were served in 1993. Mayor Reinert asked if they could provide a statement indicating where their budgeted dollars come from. Cynthia Hendricks was present from the Senior Outreach Program. They have served 51 households and 80 individuals in the Lino Lakes area. She added that actual service is based on the dollars received. Other organizations requesting assistance were Rise, Inc., CEAP, and Alexandra House. Brief presentations were provided by all groups. Don Volk stated that no general fund dollars have been budgeted for 1994 for the Therapeutic Recreation Program - all funding has been through CBDG. The program is going well and they would like to request continued funding for 1995. Councilmember Elliott made a motion to close the Public Hearing at 8:40 and was supported by Councilmember Kuether. All voted aye. Motion carried. 6. ELMCREST AVENUE BRIDGE REPLACEMENT Mr. Schumacher explained that in order to replace the Elmcrest Bride over Hardwood Creek, it is necessary for the City of Lino Lakes and Hugo to enter into a joint powers agreement. The City of Lino Lakes will be responsible for 25% of the funding with Hugo picking up 25% and the State of MN 50%. Councilmember Kuether made a motion approving the Joint Powers Agreement and was supported by Councilmember Elliott. All voted aye. Motion carried. 7. STATE BUILDING CODE CONTRACT Mr. Schumacher explained that the State Building Codes Division is 6 1 1 COUNCIL MINUTES JANUARY 24, 1994. contracting with local municipalities to do plan review of public buildings. This would include issuance of building permits, plan review and field inspections. The State would still be mandated to review prisons and rest homes. Councilmember Elliott made a motion to approve the contract to allow the City of Lino Lakes to inspect public buildings and was supported by Councilmember Bergeson. All voted aye. Motion carried. 8. ATTORNEY'S REPORT Mr. Hawkins explained that the City needs to begin the Eminent Domain process in regards to the 49/23 Project. Right-of-way has been obtained from the Clingsmith/Fletchers, but not Mr. Roiling. Councilmember Kuether made a motion authorizing the City Attorney to begin the Eminent Domain Process and was supported by Councilmember Neal. All voted aye. Motion carried. 9. OLD BUSINESS 1. Consideration of Disbursements - January 24, 1994 Councilmember Kuether asked why the City was charged $70 for a VISA Card when we do so much business with the bank. She asked that staff check into having that fee waived. Councilmember Kuether asked what a "Delineator" was? She was advised that it was an item used for the new City Hall City Lettering. Councilmember Kuether moved approval of the disbursements for January 24, 1994 with the condition that the VISA charge be checked into. Councilmember Elliott seconded the motion. All voted aye. Motion carried. 2. Centennial Fire Department Councilmember Kuether questioned the item pertaining to radios.. Councilmember Bergeson moved approval of the disbursements and was supported by Councilmember Neal. All voted aye. Motion carried. 10. NEW BUSINESS 1. Consideration of Minutes - January 10, 1994 (Council Minutes) Councilmember Elliott moved approval and was supported by Councilmember Kuether. voted aye. Councilmember Neal abstained. All 2. Consideration of Minutes - Councilmember Elliott moved Councilmember Bergeson. All November 18, 1993 (Work Session) approval and was supported by voted aye. Councilmember Neal 7 2 COUNCIL MINUTES abstained. 3. Set date for Tour of Elk 1994 at 3:00 P.M. 4. Update on applicants scheduled for Feb. 9th. JANUARY 24, 1994 River New Municipal Building - March 9, for various boards - interviews are 5. Builders Day - scheduled for February 18th, 12:00 Noon, lunch. 11. ADJOURNMENT: Councilmember Neal made a motion to adjourn the meeting at 9:05. P.M. Councilmember Kuether seconded the motion. All voted aye. Motion carried. These minutes were considered, corrected and approved at a regular City Council meeting held on February 14, 1994. � 1 l (&^17 Marilyn Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor 8 Council Member Kuether introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 93 -23 AN ORDINANCE ADDRESSING HOME EXTENDED BUSINESSES IN THE R -BR RURAL -BUSINESS RESERVE ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF LINO LAKES HEREBY ORDAINS AS FOLLOWS: Section 1. Section 3, Subdivision 2 of the City Zoning Ordinance should be amended to include the following definition: Home Extended Business. A business conducted as part of a residential use which is beyond the limits and scope of activities for home occupations as defined by this subdivision. Section 2. Section 4 of the City Zoning Ordinance should be amended to include the following subdivision. Subd. 37. Home Extended Businesses (1) PROHIBITION: Following the enactment of this Ordinance, except in the R -BR Zoning District, no new home extended businesses shall be created or established and no existing home extended business shall be expanded or enlarged. (2) PERMITTED HOME EXTENDED BUSINESSES: (A) Home Extended Business may be allowed within the R -BR, Rural Business Reserve Zoning District upon approval of an interim use permit. (B) Qualifying Property: (i) Site must meet R -BR lot size and setback performance standards. (ii) There is only one (1) residential dwelling located on the farmstead and no other neighboring residence is located within five hundred (500) feet of the buildings in which the home extended business is conducted. (C) Minimum Conditions: (1) Business must be located on the homestead of the business operator. 1 (ii) Up to two (2) employees other than the immediate family occupying the residence on the farmstead may be employed as a part of the home extended business. (iii) There is no outside storage or sales of supplies, equipment, or maintenance items associated with the home extended business. (iv) All activities associated with the home extended business are operated within buildings which have been approved for such use as part of the interim use permit. (v) The home extended business shall be conducted only in buildings existing or constructed as part of traditional farming activities prior to November 1, 1993. (vi) Any buildings used as part of the home extended business shall be brought into full compliance with all Uniform Building Code provisions which are applicable for the proposed use. (vii) All effluent consisting of any liquid, gaseous, or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water, or air unless it is at a location determined appropriate by the City. (viii) A contract shall be required between a refuse hauler and the owner for disposal of all waste including, but not limited to, garbage, decayed wood, saw dust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute or tend to pollute the waters of the State. The contract shall be provided to the City prior to issuance of the interim use permit and shall state the destination of the waste and shall be renewed annually on or before January 1st of every year. The City shall be provided with documentation of the contract recorded. (ix) Working hours shall be set by the City. (x) The use is in full compliance with all applicable performance standards as specified by this Ordinance. (xi) There shall be no public display of retail sales items related to the home extended business occurring on the site. (xii) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and 2 identification/business signs to the extent authorized by the provisions of the City's Sign` Ordinance No. 9-84. (xiii) The provisions of Section 5, Subd. 5 of this Ordinance are considered and determined to be satisfied. (D) Additional Limitations and/or Restrictions (i) So as to maintain compatibility and protect the health, safety and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary. (ii) The City Council may impose the posting of a security in order to insure compliance with any condition imposed. (E) Reconsideration of Permit: After two (2) founded nuisances, or code or permit violation complaints have been made and verified with written notices to the holder of the interim use permit, a public hearing may be called to reconsider the interim use permit within sixty (60) days of the date of the last complaint. (F) The limited seasonal sale of products grown solely on the site by the residents of the farmstead shall be exempt from the provisions of this subdivision. Section 3. Section 6, Subdivision 21 of the City Zoning Ordinance should be amended to add the following: Subd. 21. (10) Interim Uses. The following are interim uses in the "R -BR" District (require an interim use permit based upon the procedures set forth in and regulated by Section 4, Subd. 387 of this Ordinance) and certificate of occupancy as provided by Section 5, Subd. 6 of this Ordinance. (A) Home Extended Businesses as regulated by Section 4, Subd. 37 of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication. Adopted by the Lino Lakes City Council this 24th day of January , 1994. ATTEST: By: ! /6) Marilyn Anderson, City Clerk CITY OF LINO BY: 3 s Vernon F. Reinert, Mayor 29 3t,the motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof, Bergerson, Elliott, Kuether, Neal, Reinert The following voted against same: None Whereupon said Ordinance was declared duly passed and adopted. 4 Council Member Kuether introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDIANNCE NO. 93-24 AN ORDINANCE PROVIDING FOR INTERIM USES The City Council of the City of Lido Lakes hereby ordains as follows: Section 1. Section 3, Subd. 2 of the City Zoning Ordinance is amended to include the following definition: Interim Use. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow said use. Section 2. Section 4 of the City Zoning Ordinance is amended to add the following subdivision: Subd. 36 - Interim Uses (1) PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: (A) To allow a use for a brief period of time until .a permanentlocation is obtained or while the permanent location is under construction. (B) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. (C) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. (2) PROCEDURE: (A) Existing Uses: Uses defined as interim uses which presently exist as a legal use or a legal non -conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses. (B) New Uses: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by sections, subdivision of this Ordinance. 1 3P) GENERAL STANDARDS: An interim use shall comply with the following: (A) Existing Uses: Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. (B) New Uses: (1) Meets the standards of a conditional use permit set forth in Section 5, Subd. 5 of this Ordinance. (ii) Conforms to the applicable performance standards of this ordinance. (iii)The use is allowed as an interim use in the respective zoning district. (iv) The date or event that will terminate the use can be identified with certainty. (v) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. (vi) The user agrees to any conditions that the City Council deems appropriate for permission of the use. (4) TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever first occurs: (A) The date stated in the permit. (B) Upon violation of conditions under which the permit was issued. (C) Upon change in the City's zoning regulations which renders the use non -conforming. (D) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall become effective immediately upon its passage and publications. Adopted by the Council of the City o Lino Lakes this 24th day of January , 1994. ATT ST - Marilyn Vernon F. Reinert, Mayor Anderson, City Clerk 2 1 1 1 The motion for the adoption of the foregoing Ordinance was duly- seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof, Bergerson, Elliott, Kuether, Neal, Reinert The following voted against same: None Whereupon said Ordinance was declared duly passed and adopted. 3 3 •: