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HomeMy WebLinkAbout06/06/1994 Council Minutes1 1 1 SPECIAL COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JUNE 6, 1994 DATE =: June 6, 19 94 TIME STARTED :45-P. TIME ENDED 7:40 P.M. MEMBERS: PRESENT:: Reinert, Neal, Kuether, Elliott, Bergeson MEMBERS:;; :ABSENT ne.. ..... Staff members present: City Engineer, Darrell Schneider; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Planning and Zoning Board (P & Z) members present: John Landers, Tom Mesich, Allan Robinson, Fred Gelbmann, Kathleen Nordine, and Edward Schones. The purpose of the meeting was to discuss the direction of growth for the City and come to a consensus as where the City should be in terms of development. Mayor Reinert gave everyone a copy of a presentation showing the number of building permits issued by the City for new home construction starting early in 1970. He explained that a number of years ago, the City Council made a decision to make municipal water and sanitary sewer available to some areas of the City so that housing developments could be started. At that time, the City Council did not have a Comprehensive Land Use Plan or any other guidelines. Economics dictated how many new homes would be constructed in a particular year. A Comprehensive Plan was developed in the later 1970's and there was an economic "slow down" during the early 1980's. About 1989 the "slow down" leveled off and new home construction began to grow. That is when the City started talking about what level of growth was appropriate for Lino Lakes. Mayor Reinert noted that he has never advocated building a certain number of new homes per year. During the meeting with all of the City boards and commissions, the Community Development Director had indicated that it would help him promote commercial and industrial growth if he could say that the City is building PAGE 1 L6 SPECIAL COUNCIL MEETING JUNE 6, 1994 at least 200 homes per year. Mayor Reinert also noted that the previous administration also promoted a faster rate of growth. Many new subdivisions were approved during that administration and many new homes were constructed during the early part of this administration. Mayor Reinert said his position has not changed, however, there has been a large amount of building because of decisions made during the previous administration. Mayor Reinert continued by saying that it appears that new home construction in 1994 in Lino Lakes will be just over 200 because of the shortage of lots. He also said he felt that the staff could not handle 300 to 400 new houses each year and does not approve of the "leap frog" type of development that had been occurring. Mayor Reinert gave a historical perspective regarding zoning. He noted that there has been a move to R -1X zoning. The demand for services is continuing and has caused problems in areas that currently are more rural in development. Mayor Reinert noted again that the decision was made before any of the present City Council Members took office to promote a growing City. He said that he would like all concerns regarding the growth of the City discussed this evening and then leave with some feeling of unity. He made it clear that he did not support a "no growth" policy. State Statute - Definitions of Planning and Zoning Board Role Mr. Schumacher read from the State Statutes and outlined the relationship between the Planning and Zoning Board and the City Council. Mr. Landers asked how many permits have been issued for new homes this year. He was told 114. Council Member Neal noted that the Community Development Director has spoken about the need for about 300 new homes per year. Mr. Schumacher explained that the Economic Development Authority Advisory Board (EDAAB) looks at data that would affect their work. However, the EDAAB is not steering anybody, they are just laying out the facts and base their decisions on facts. Mr. Schumacher referred to the Comprehensive Land Use Plan and noted the need for the Plan and explained that this Plan was put together by staff and approved by the City Council. The Plan is also a tool to be used by the Planning and Zoning Board. The Plan is reviewed periodically and adjusted as needed. Mr. Schumacher explained that staff prepares plans and policies as directed by the City Council and the Planning and Zoning Board is expected to use these "tools" in making their decisions. All boards receive their direction from the City Council. PAGE 2 1 1 1 1 1 1 SPECIAL COUNCIL MEETING JUNE 6, 1994 Mr. Schumacher continued by saying that when a proposal has been submitted to staff, it is reviewed by staff using current policies, the Comprehensive Land Use Plan and City Code. The proposal is then submitted to the Planning and Zoning Board for their review. This review should also be based on current Plans and policies. Mr. Schumacher explained that if the Planning and Zoning Board feels that the Plan or policies need to be changed, then the Planning and Zoning Board should propose the change to the City Council. Mr. Mesich asked where the Planning and Zoning Board "stepped out of bounds"? Mayor Reinert said this is not the case, the purpose of this meeting is to come to a better understanding of each others role. Mr. Schumacher said that he has had a few telephone calls from persons saying that they were not sure where the direction is. He said the purpose of the meeting was to get the direction of the City focused. Council Member Kuether said it was her opinion that the discussion of building 300 new homes in the City each year was only a maximum not a policy. Mayor Reinert explained that building 300+ new homes per year would be very stressful. He also again explained that the Community Development Director felt that 300 homes per year was the optimum number. However this number was never set by the City Council. Mr. Robinson explained that the low interest rate had a great effect on the number on new homes in the past couple of years. Now the lot inventory is low and the City should be looking at a method of "banking" 200 to 250 lots per year. Mayor Reinert explained that the low lot inventory together with the higher interest rates will help to level off the number of new home building permits. However, he felt that there should be some planning so that the City does not experience "peaks" and "valleys" in new home permits. Mayor Reinert suggested phasing in new subdivision and controlling development which would be better for the City and for the developers. Mr. Robinson said he agreed with the phasing process and gave several examples. Mr. Schones said he was confused about why this meeting was called. He said if the City Council wants to give the Planning and Zoning Board direction and if the resources are available, lets go ahead. However, if the City Council is telling the Planning and Zoning Board to bend the rules, he said will not follow. He expressed concern regarding the direction of the City. Mayor Reinert said everyone is concerned and the rules are not to be bent. However, Planned Development Overlay (PDO) does PAGE 3 2 SPECIAL COUNCIL MEETING JUNE 6, 1994 fit in certain circumstances to be more restrictive. He said that he did not want to crowd or infringe on the laws. Mr. Gelbmann said he felt the part of the role of the Planning and Zoning Board is to interpret what is brought before them. He asked how do we deal with existing residents, the balance with natural resources and those who want more development? Mayor Reinert said that this is more technical and is the difficult part of sitting on the Planning and Zoning Board. Most decisions made by the Planning and Zoning Board will make some residents happy and some unhappy. Mayor Reinert said the Planning and Zoning Board should look at such aspects as, will approval cause "leap frog" development, and will the utility lines be used to the fullest? These things have to be examined in terms of the Comprehensive Land Use Plan and the City Codes. It is the toughest Board to sit on, however there are tools such as the Comprehensive Land Use Plan, Comprehensive Park Board Plan, Water Management Plan etc. Mayor Reinert noted that nothing is perfect. Mr. Mesich said he felt the overriding issue is the undeveloped rural land. He felt the Comprehensive Land Use Plan should be updated and that a group a citizens should work with the staff to complete a professional plan. He said he feels that the rural land is a "jewel" and the City Council controls this land. He noted that if the land is rezoned to R-1, control is lost. Mr. Schumacher explained that staff started working on an update of the Comprehensive Land Use Plan last December. He noted that wetlands have a significant impact on the planning process. Mr. Schumacher explained that the Planning and Zoning Board packets will contain documents from the City Planner which will start the process to adjust the Plan based on more recent numbers. Mayor Reinert explained that all plans are open ended otherwise there would be no way to correct mistakes. Council Member Bergeson said that the Council has taken the position of supporting moderate growth and it is a long term good thing for the City. He asked when something is turned down by the Planning and Zoning Board, was it because of physiological differences or was there something wrong with the proposal? If things are not technically correct, then it should be turned down. Mr. Mesich said that one proposal was turned down twice for valid reasons. Council Member Bergeson explained that the City Council needs to understand the details of the reasoning. Mr. Mesich said that the P & Z has been battling that particular issue for months. PAGE 4 1 1 1 1 1 1 SPECIAL COUNCIL MEETING JUNE 6, 1994 Mr. Landers said he has recently spoken to Warren Tester, Centennial School District, who indicated that the School District is looking at another bond issue in 1995 to build another school. Mr. Landers said he has studied the City growth and feels that the City should not grow faster than 150 to 200 new homes per year. He felt that phasing in new subdivision was a good idea and indicated that if the City continues the current growth pattern, the City would be "digging a deep hole". He noted that as the tax base grows, schools continue to grow and the need for services continues to grow. Mr. Landers said he did not feel that commercial growth would have much of an impact on the property taxes. Mr. Schones said he felt that he was missing something in this conversation. He said that the City does not have much developable land left and said that a goal of 300 new homes per year should be "thrown out". He noted that if there is no land available, nothing can be done. Mr. Schones said that the City better decide what must be done when development does slow down. He suggested that if there is to be errors, he would rather error on the side of conservatism. Ms. Nordine said she felt that nobody should discuss numbers until the Comprehensive Land Use Plan and the MUSA plan is revised. Council Member Kuether said she sees four (4) issues: 1) Lino Lakes is unique; 2) the City Charter controls development; 3) interest rates; and 4) not much developable land available due to wetlands. Mr. Landers said he still prefers a slow to moderate growth, phasing in controlled growth, work on the "fear factor" of the present residents and give backup information for P & Z decisions. He again said he would like to see a "cap" on new home construction at about 150 to 200 per year. Mr. Mesich noted Mayor Reinert's opening statement, "a no growth policy is ridiculous" and said this statement needs something to equate to. He asked what would happen to his taxes is there was no further growth in the City? Mr. Mesich said that there has to be a happy medium and noted that there is talk of a new city hall, fire station, etc. He added that with houses comes additional needs. Mayor Reinert said that he equates the City to a business, if a business does not grow or shift, it dies. He express concern about the quality of new homes and said that the City has done much to improve the quality of homes. He also noted that if the PAGE 5 A 2t4 SPECIAL COUNCIL MEETING JUNE 6, 1994 education system does not grown, it too goes down. Mayor Reinert explained that this same idea holds for police and fire protection. Mr. Mesich said he has had children in the Centennial School District since 1974 and his opinion is that the quality peaked about four years ago and has now leveled off. Council Member Kuether noted that there are two (2) other school districts within the City and the growth policy will affect them as well. Ms. Nordine said that the City should look at alternative zoning ordinances that would allow Planned Unit Developments (PDO) and cluster building. Mayor Reinert said that these ideas should be brought to staff. Ms. Nordine asked if the staff had time to consider other zoning options. Mr. Robinson said that he did not like PDO zoning and felt that developers would use them to their own advantage. He felt that cluster housing could be beneficial. Mr. Robinson noted that since there is a lot of open space in the City and not much developable land, some areas could be better served with on-site septic systems. He also noted that it is not economical to construct municipal facilities in some areas. Mr. Gelbmann said that if the City did do something like this development could be concentrated and the rural character can be maintained in some areas. Mr. Robinson said that to accomplish this, the City would have to go to larger lots. The Comprehensive Land Use Plan and the zoning ordinances would have to be revised. Mr. Schumacher explained that the Metro Council controls the size of lots and if the City violates their policies, they can make negative decisions regarding the amount of MUSA in the City. Ms. Nordine asked if a study has ever been done to see if it is cost effective to develop larger lots with on-site septic systems. Mr. Schneider said studies have been done in other cities, however the studies are very expensive. Council Member Bergeson said he did not want to get into a position where anybody could have a septic system. He felt that when there is a certain concentration of housing, municipal services must be available. Mayor Reinert noted that the basic problem with septic systems is the lack of proper maintenance and use. Mayor Reinert noted that it is obvious that the Comprehensive Land Use Plan needs to be updated. He also noted that the economic study is being developed and can be used as a tool by the City for judging proposed subdivisions. Mr. Schneider explained that he is trying to get more information for the economic study. Tomorrow he will meet with the persons involved in the development of the surface water management plan. PAGE 6 1 1 1 1 1 1 SPECIAL COUNCIL MEETING JUNE 6, 1994 Also he is looking for a way to determine how much land in Lino Lakes is developable. Mr. Schneider noted that staff is working on a limited budget and limited time. Mr. Mesich noted that the City is running out of lots and must look at the rural zones for future expansion. The problem is that there is no plan. Mr. Schumacher explained that things have to change and the City must look at a Comprehensive Land Use Plan update. Mr. Mesich said he would want citizen input if the Comprehensive Plan is to be changed. Mayor Reinert said that there would be a public hearing to allow citizen input. However, he felt that many citizens can put a lot of pressure on getting something they feel is important into the Plan and there should be a "meeting of the minds" before any change takes place. Mr. Landers said he visualizes a "cap" on the number of new homes to be constructed each year. He noted that phasing in subdivisions would slow the rate of growth. Council Member Bergeson noted that there are several things outside of the City's control that would affect a "cap". He noted the economy and interest rates affect growth and felt that the City should not "tinker with mother nature". Mayor Reinert said that this policy would give the City "peaks and valleys" in growth. Council Member Bergeson said that a strategy could be devised that would keep growth within a specific range. Theresa Berg, Circulating Pines asked if the City Council was suggesting that the P & Z Board look at subdivisions in the Rural zone. She noted that there was a presentation before the P & Z Board recently and was denied by that Board. Mayor Reinert explained that phasing will allow development in the Rural Zone. However, he did not want the City to consider a "leap frog" development. Ms. Berg asked when a developer wants to expand into the Rural Zone adjacent to the MUSA, is this called phasing? Mayor Reinert explained that the MUSA and the Comprehensive Land Use Plan would have to be update before this type of phasing could occur. He noted that Fox Trace was an "infill" subdivision. Should this subdivision be phased in? Mayor Reinert asked if the City should consider another moratorium. Mr. Schones said it appeared that this meeting was called because the P & Z Board rejected the rezone for Behm's Century Farms. He felt that the developer did not meet five (5) of the six (6) criteria. He also noted that the developer wants to shift/move requirements for Trapper's Crossing on Holly Drive. Mayor Reinert said he felt that this is two (2) separate situations. One deals with a rezone request and one deals with a PDO request. Mr. Schones said that when as a developer comes in with a plat that conforms to the present ordinances, the plat will get a PAGE 7 26� 266 SPECIAL COUNCIL MEETING JUNE 6, 1994 positive review by the P & Z Board. Mayor Reinert said that if the P & Z Board feels strongly about these developments, make the developer work to make it fit. Mr. Robinson said that Quail Ridge is still a "burr in his behind". He noted that many requirements of the plat are still not completed. Now the developer has another subdivision before the P & Z Board. Council Member Bergeson said that the problem is that approvals are given subject to certain items to be completed. He asked if the City has a good method to follow up on the approval contingencies? It was noted that a policy could be drafted. Mr. Landers said he felt the best thing to do was to place a six (6) month moratorium on subdivisions. Council Member Bergeson said that the City has done this and felt it sent the wrong message and to do this twice would be suicide. Mr. Robinson said he did not agree with a moratorium and noted that the staff does have a better "handle" and ordinances have been put in place. The City still needs an updated Comprehensive Land Use Plan. Council Member Elliott said that with the time and money the City has invested in economic development it would seem that a moratorium would not be beneficial to the City. Mr. Mesich asked if Behm's Century Farms is going before the City Council? Council Member Elliott said that she felt circumventing the P & Z Board would be disgusting. She felt that everyone must be satisfied on this matter. Council Member Neal noted that Mr. Behm has called him several times to ask that the matter be settled. Mr. Schumacher suggested that the P & Z Board tell the City Council what they want to see on the Behm's Century Farm plat. Council Member Elliott suggested that the P & Z Board look at down sizing the proposal and phasing in the development. Mayor Reinert noted that this development will not be easy and noted that the consensus of the P & Z Board is that the Comprehensive Land Use Plan must be updated. Mr. Schumacher explained that the first draft of the update will before the P & Z Board next Wednesday. Mr. Mesich said that until the City can identify the land where houses will be constructed, it is impossible to come up with the number of new homes to be constructed each year. Mayor Reinert said that he did not call this meeting to ask why the P & Z Board did not approve a particular plat but to find some common ground regarding the direction of the City. Mr. Mesich said that the P & Z Board has not thrown any contractors out and felt in rezoning issues there is a large amount of criteria that is subjective and open to personal opinion. PAGE 8 1 1 1 1 1 SPECIAL COUNCIL MEETING JUNE 6, 1994 Council Member Elliott said that she now knows that nobody is totally anti -development and nobody is advocating rapid development. Everyone agrees that the Comprehensive Land Use Plan needs updating. Mr. Landers said that he has been asking for an update for almost two (2) years. He felt there has been a lack of communication. Council Member Elliott said that the City Council has heard the request but there has been a lack of funding and time. She felt the City now has these resources. Mr. Schumacher noted that this was not the only project that has been delayed because of funding and time. Council Member Bergeson asked the P & Z Board to keep in mind that the City has guidelines that are dictated from outside of the City and one such guideline is housing diversity and legal mandates. Mrs. Joyce Scharpen asked about the low to moderate housing bill before the legislature. Mr. Schumacher said that this bill (the Orfield bill) did not pass. If this bill should pass in the future, it will take a number of years to implement. The meeting was adjourned at 7:40 P.M. These minutes were considered, corrected and approved at a regular meeting of the City Council on July 25, 1994. )) arilyn. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 9 267