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HomeMy WebLinkAbout09/22/1999 Council MinutesCITY COUNCIL WORK SESSION SEPTEMBER 22, 1999 CITY OF LINO LAKES MINUTES DATE : September 22, 1999 TIME STARTED : 5:32 p.m. TIME ENDED : 8:50 p.m. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch; Community Development Director, Brian Wessel; Economic Development Assistant, Mary Alice Divine (part); Planning Coordinator, Mary Kay Wyland (part); City Planner, Jeff Smyser; Public Services Director, Rick DeGardner; Chief of Police, Dave Pecchia; and City Clerk Ry-Chel Gaustad MEDIA RELATIONS BETWEEN QUAD COMMUNITY PRESS AND THE CITY - ANDY NEAL • Council Member Neal referred to an article in the Quad Press relating to the last City Council meeting. Council Member Neal expressed concern regarding the following: 1. The Quad Press not interviewing him because he is not the spokesperson for the City. 2. When the item regarding "Council Responsibility" was formally added to the Council agenda. 3. Council Members not causing disruption at City Hall. Mayor Sullivan advised that the City Charter does describe one of the duties of the Mayor is to communicate with the public. The City Administrator and the Mayor are the spokespersons for the City. Also, the official agenda for Council meetings is set at the work session. The item regarding "Council Responsibility" was not added until after the work session. A representative from the Quad Press came forward and stated their policy regarding the City's spokesperson is used as courtesy only. Interviews will be taken from any of the Council Members at any time. • CITY COUNCIL WORK SESSION SEPTEMBER 22, 1999 Council directed staff to have the City Attorney define what the City Charter states about • the City spokesperson. The City Attorney will then report to Council and action will be taken if necessary. COMPREHENSIVE PLAN UPDATE - BRIAN WESSEL/JEFF SMYSER Mr. Wessel referred to a discussion between Council member Bergeson and Council Member Lyden when it was determined that they would attempt to resolve the Comprehensive Plan approval difference and report it back to the Council. Mr. Smyser distributed a memo regarding ordinance revision that noted which ordinances could be revised without a new Comprehensive Plan. Staff indicated Council direction is needed regarding the revision of the ordinances. Staff stated they are waiting on the approved Comprehensive Plan before starting the revisions. Budgeting is also an issue regarding the revisions. Council directed staff to begin revisions on the following ordinances: 1. Architectural Standards (commercial/industrial) 2. Stormwater Management 3. Park Dedication including Trails 4. Tree Preservations Ordinance 5. Sign Ordinance Staff will provide a prioritized list regarding the above ordinances and present it to Council. TOWN CENTER MASTER PLANNING UPDATE - BRIAN WESSEL/MARY ALICE DIVINE Mr. Wessel advised that a couple of weeks ago a presentation of the Master Plan, with revisions, was made. The shopping center was a major concern relating to the Master Plan. Meetings with the landowners have been set up to discuss the shopping center. Staff will report back to Council when the meetings have been completed. By the end of 1999 the Development Standard piece of the plan will be completed. Ms. Divine added that she is currently working with the Gibbs Group. A draft analysis of the shopping center should be completed by October, 1999, with a final analysis completed by mid November, 1999. TOWN CENTER DISCUSSION: JOEL & ELISE TAGG POSSIBLE RELOCATION - BRIAN WESSEL/MARY ALICE DIVINE Mr. Wessel reviewed the background of the Town Center project noting the Economic • Development policy regarding the project is an aggressive marketing plan and a close • • CITY COUNCIL WORK SESSION SEPTEMBER 22, 1999 working relationship with developers. Mr. Wessel referred to a map, which identified the Tagg property, and how it fits into the project. Options regarding the Tagg property include T.I.F. Districts, tax rebate, and donation of a strip of land. Ms. Divine reviewed the options regarding a T.I.F. District. She noted it is premature to put a T.I.F. District in place now. However, an analysis can be done now or it could be done as development occurs. Mr. Peter Coyle, legal representative for Mr. and Mrs. Tagg, stated staff has very detailed plans that affect 1/3 of the Tagg property. He noted these plans may not be a plan that Mr. and Mrs. Tagg can live with. He stated Mr. and Mrs. Tagg do support the Town Center plan in concept. The dilemma is that the Taggs both occupy their property and make a living on their property. The extent of detail in the City's plan poses the potential of the Taggs being put in direct competition with the City. He added that the Taggs do want to cooperate with the City but also want their property recognized. Mr. Coyle continued stating one option is for the City to put together a proposal to buy the Tagg's property. Another option is for the City to establish T.I.F. Districts. Council directed staff to report back to Council with information regarding specific T.I.F. Districts, a buy out of the Tagg property, partial sale of the property, and an analysis of what may occur if the property is left as is. Staff will provide this information at the October 20, 1999, Council work session. ED VAUGHAN, LAND TRANSACTION - BRIAN WESSEL/CITY ATTORNEY Staff advised that as part of the land exchange with Anoka County, the City acquired some property from developer Ed Vaughan that was then conveyed to the County. Mr. Vaughan contested that purchase and during the trial it became clear that the property the City intended to acquire was different from the property the City actually acquired. As part of a settlement with Mr. Vaughan the City agreed to petition the County to reconvey to the City certain, small parcels of property. The Anoka County Park Board and the Anoka County Board of Commissioners have agreed to reconvey some parcels of property to the City. The action on Monday night will authorize the conveyance of the property the City received from Anoka County directly to Mr. Vaughan. The terms of the settlement agreement with Mr. Vaughan require this conveyance. Staff noted trails have not been part of the discussion with Mr. Vaughan. This item will appear on the agenda at the regular Council meeting Monday, September • 22, 1999, 6:30 p.m. CITY COUNCIL WORK SESSION SEPTEMBER 22, 1999 • OASIS MARKET, 7509 LAKE DRIVE - AMENDED CONDITIONAL USE (CUP) - MARY KAY WYLAND • • Staff advised they have been working with the owners of the Oasis Market for several weeks to resolve issues concerning this Amended Conditional Use Permit. Those issues involved lighting, ponding, parking of tractor/trailer units, and additional landscaping on the southerly side of the property. Parking of truck/tractor units has been discussed at previous Council work sessions with questions raised concerning enforcement. The City Attorney has advised staff that the City cannot prohibit the parking of these vehicles without adopting an ordinance, applicable to the general populace, that would prohibit such parking. Should an ordinance be adopted the Police could ticket the individual truckers for violations. As an alternative, the City Attorney has indicated that the City can limit the number of parking spaces, restrict the hours of parking and prohibit parking vehicles with running refrigeration units as a condition of the Amended CUP. The permit holder is responsible for meeting the conditions of the permit. To enforce them, the City could revoke the CUP. Revocation would shut down the business. Staff advised they recommend approval of the Amended Conditional Use Permit with conditions. Council directed staff to obtain Mr. Wessel's comments regarding how an ordinance that would prohibit the parking of these vehicles would affect the Town Center. Information regarding the impact on the business if the permit is denied was also requested. Council also inquired about the amount of taxes the business pays. All additional information should be included in the Council's Friday update. A Council consensus regarding this item was not reached. Council Members were directed to review their packets and be prepared to vote on this item at the Council meeting. Council also directed staff to confer with the City Attorney regarding a new ordinance and how it would effect this business after the Amended Conditional Use Permit is granted This item will appear on the agenda at the regular Council meeting Monday, September 27, 1999, 6:30 p.m. BEHM'S 5TH ADDITION EASEMENT VACATION - MARY KAY WYLAND • • CITY COUNCIL WORK SESSION SEPTEMBER 22, 1999 Staff advised the public hearing on this item was opened and continued from the June 14, 1999, Council meeting to allow time for Rice Creek Watershed District review. That review is being held this evening and any further delay is not anticipated. Mr. Gary Uhde, developer for Behm's Century Farm's 5th Addition, is requesting the vacation of the following described property to facilitate the final platting of his 5th Addition: 1. Laurie Avenue between Palomino Lane and Carl Street. 2. The north 3' of Palomino Lane (old Thomas Avenue) between Sunset Road and Mustang Lane. This vacation will reduce the north half of the right-of-way to 30 feet in width rather that the currently dedicated 33'. Thomas Avenue was originally dedicated as a 66' wide right-of-way. The City currently requires 60' of right-of-way. 3. A 40' wide drainage easement from a point on the existing east/west drainage easement, approximately 130 feet south of old Thomas Avenue to the south line of Outlot B, Sunset Oaks Addition. This easement will be replaced with an easement between Lots 11 and 12 of Block 3 and Lots 2 and 3 of Block 4, Behm's Century Farm's 5th Addition. The City Engineer has reviewed the requested vacations and indicated that the request is reasonable but contingent upon RCWD approval. Staff also recommends approval of the requested vacations. This item will appear on the agenda at the regular Council meeting Monday, September 29, 1999, 6:30 p.m. SUE WALSETH, 6408 CASSIOPEIA, VARIANCE - MARY KAY WYLAND Staff advised Ms. Sue Walseth is constructing a new home on the north/east corner of Holly Drive and Cassiopeia Court. She has an above ground pool and a large, out -door dog, and would like to install a 6' privacy fence in her rear and side yard. The City Ordinance prohibits the construction of a 6' fence from the setback line of the adjoining home on Holly Drive (40') and also along Holly Drive to the front of her home. The Ordinance would allow a 4' fence. Staff advised the variance to allow a 6' privacy fence in this location would not meet the Findings of Fact required for the variance. Staff added the Planning and Zoning Board reviewed this variance at their September 8, 1999, meeting. After considerable discussion, a motion was made to deny the variance request. Motion failed with 2 ayes, 2 nays, and 2 abstained. Chair Schaps was unable to • • CITY COUNCIL WORK SESSION SEPTEMBER 22, 1999 attend the meeting but did send the board a memo supporting the staff recommendation of denial. Ms. Sue Walseth, 6408 Cassiopeia Court, came forward and read a statement, which outlined why the variance should be granted. She distributed a memo that included a diagram of her lot and the proposed fence. She also addressed the City Ordinance regarding a 6' fence. She presented pictures of other corner lots within the City that have a 6' privacy fence. She noted that her property does have physical circumstances that are unique to the property, therefore, meeting the Findings of Fact relating to the variance. This item will appear on the agenda at the regular Council meeting Monday, September 27, 1999, 6:30 p.m. Mayor Sullivan called for a short recess at 8:30 p.m. REGULAR AGENDA, SEPTEMBER 27,1999 Item 3D, Donation from Chamber of Commerce, was added. Item 5F, PUBLIC HEARING, FIRST READING, Approve Ordinance No. 17 - 99, Easement Vacation, Oak Brook Peninsula Council directed staff to contact all parties involved and inform them the public hearing will be continued to October 11, 1999. Item 7A, Community calendar - Council directed Staff to change the Council closed meeting date to September 27, 1999. The meeting was adjourned at 8:50 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on October 11, 1999. Ry-Chel Gaustad, City Clerk Kimberly A. Sullivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 6