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HomeMy WebLinkAbout10/17/2001 Council MinutesCITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES OCTOBER 17 2001 : October 17, 2001 . 5:05 p.m. 9:45 p.m. : Councilmember Carlson, Dahl (part), O'Donnell, Reinert and Mayor Bergeson : None Staff members present: City Administrator, Linda Waite Smith; City Engineer, John Powell; Chief of Police, Dave Pecchia; Community Development Director, Mike Grochala; City Clerk, Ann Blair; Environmental Specialist, Marty . art); Public Services Director, Rick DeGardner (part); and City Planner, Jef RAMSAY POOL MATTER — NEIGHBOR BOB RACERN'S. MICHAEL GROCHALA Community Development Director Grochala relocating the pool on site. Staff will v. • h the pool can be located. He indicat discuss their concerns with the Mr. Ranallo stated the Zoning Board recommen than 10 feet back. discuss the location to move the pool to is moving forward with tline the perimeters as to where . and Mrs. Ranallo, are present to adjacent to his front yard. The Planning and the p 1 be moved and the pool needs to be moved further 'ef history of the situation noting Mr. Ramsay did not ool with him. He stated he understands the City's obligation et the setbacks but just meeting the setbacks is not enough. Councilmember O'Donnell stated he understood that after the closed meeting staff was going to spend the dollars allocated to move the pool to the west side of the property. Community Development Director Grochala advised staff would look at the entire site. The best -case scenario is moving the pool to the southwest corner of the lot. He noted the Ramsays do have the right to use part of their yard for a pool. Councilmember O'Donnell advised he supported spending City dollars to move the pool to the west side of the yard. He does not support spending City dollars just to move the pool 10 feet. Community Development Director Grochala stated the intent of staff is to let the Ramsays know what the setbacks area. CITY COUNCIL WORK SESSION OCTOBER 17 2001 Mayor Bergeson stated the Council needs to know what agreement was made on the City's behalf between the City Attorney and the Ramsays. Councilmember O'Donnell requested the proposed resolution be brought back before Council for review. Councilmember Carlson indicated she agrees with Councilmember O'Donnell. She stated she is concerned about spending City dollars without having an agreeable solution to both parties. Mayor Bergeson stated staff needs to visit the site and determine where the Ramsays intend on locating the pool. The City can then go from there. Staff will notify the Ranallos when the site visit will take place and hopefully they will be able to participate. MAR DON ACRES, SUBDIVISION REQUEST/DISCUSS PETITION AND UPCOMING NEIGHBORHOOD MEETING, JEFF SMYSER City Planner Smyser distributed a map and memo regarding ',. s ated the City has received a request from four (4) residents in the Mar D • � ` , c s d subdivide their property. The subdivision should be feasible, ho r i o a number of larger issues, and so it will necessarily be a multi-st ay require some time and phasing. City Planner Smyser reviewed a preli °E • ager issues within the memo emphasizing that the City will wantected lots as a group. Also, a re -plat is necessary to further subdivi • of# • e City will also need an entire lot accessible to sewer and w ` it is bdivided. Staff is looking for direction . regarding whether or n�5 • e° 'ghborhood meeting relating to this issue. Councilmember C is already sewer do advised that would if it is possible to subdivide the lots in half because there Street. Community Development Director Grochala ate non -conforming lots. Councilmember Carlson stated the residents had been told they could subdivide off the back of their lots. Subdividing off the front end could be quite expensive. It was the consensus of Council to direct staff to hold a neighborhood meeting to discuss the issues involved with subdividing the property. MOLIN CONCRETE, AMENDED CUP, AMENDED IUP, AND SITE PLAN REVIEW, JEFF SMYSER City Planner Smyser advised Molin Concrete Products Company has submitted application for amendments to the existing conditional use permit (CUP), amendments to the existing interim use permit, and for a site plan review. The requested amendments 2 CITY COUNCIL WORK SESSION OCTOBER 17 2001 would change several of the conditions that were adopted with previous approvals. The site plan review application is for a new manufacturing building on the site. The new building also is an amendment to the conditional use permit. The Council has conducted numerous discussions of the issues relevant to the Molin site. The City approved a rezoning in December 1968 and issued a special use permit to Molin in January 1969 to construct a concrete plant. The Sherwood Green residential plat was approved in 1978. Conflicts exist between the two land uses. City Planner Smyser advised that after the Planning and Zoning meeting, the issues relating to this item include conflicting land uses, question of what is appropriate in the neighborhood, and noise and screening. City Planner Smyser advised the City is having sound tests done and hopefully the results will be received by Monday's meeting. City Planner Smyser advised the Planning and Zoning Board did a' 'o application based on added conditions. He reviewed the added conditions ti o hours of operation and the required plantings. He advised staff does o � ' _ including the condition relating to hours of operation because it is too bi - p u • can't be enforced. Molin has requested that the condition re s be deleted because it is a variation of the original 1997 conditions Councilmember O'Donnell stated he in the open will be eliminated when stated there is a lot of activity continue. However, if the indoors to eliminate th t' a sue of the equipment running out ity is built. City Planner Smyser ading the trucks. That activity will ved a lot of the operations will be moved A resident indicate were upset because of 5:00 a.m. is too e nts present at the Planning and Zoning Board meeting not get to comment on the hours of operation. The start time y and there has been no compromise for the residents. A representative from Molin Concrete stated it is not Molin's intent to run a 24-hour operation. General hours are from 5:00 a.m. to 8:00 p.m. Extraordinary circumstances may happen that can cause extra hours of operation, but that will be infrequent. The beeper noise has been eliminated from 8:00 p.m. to 6:00 a.m. City Planner Smyser requested the Council read the conditions of approval in the report and the final resolution, especially the conditions 13a, b, c, d, as well and the landscaping conditions. He reviewed the staff condition relating to the tree plantings noting that 5-6 foot trees should be included in condition 14b. A representative from Molin Concrete stated there is already a very thick grove of trees on the edge of the property. CITY COUNCIL WORK SESSION OCTOBER 17 2001 Councilmember Carlson requested estimates of costs relating to the Planning and Zoning Board recommendation compared to the staff recommendation from the City's Environmental Specialist. A representative from Molin Concrete stated they received an estimate of approximately $35,000-40,000 for the additional trees. Councilmember Dahl stated she also wants estimates from the City's Environmental Specialist. She stated she is concerned about the hours of operation expanding due to the additional facility. , This item will appear on the regular Council agenda Monday, October 22, 2001, 6:30 p.m. Councilmember Dahl excused herself from the meeting at 6:35 p.m. CLEARWATER CREEK, 5TH ADDITION, GRADING MATT POSSIBLE ALLOCATION OF MUSA. JEFF SMYSER City Planner Smyser pointed out the Clearwater Creek 5 is outside of the MUSA. A preliminary plat was ap phasing plan. The City does not have any MU developer is asking to do the grading in the Staff is not opposed to the grading taki Mayor Bergeson asked if the opposed to waiting on the rights the developer h now that has to do with e map noting it at included a to this project. The it can't be developed now. ut them in a different position legally as ity "gineer Powell advised the City conveyed any was approved. There is a good reason to grade age i ues. Councilmember Re uired about the possibility of erosion on the site. City Engineer Powell ad ed the developer would re -vegetate after the grading. City Planner Smyser advised he will confer with the City Attorney for clarification regarding any additional rights to the developer if the grading takes place now. Councilmember O'Donnell stated he wants to understand what development is in the pipeline relating to the Comprehensive Plan and the number of houses that can be built within the next few years. City Planner Smyser advised staff is currently working on that data. It was the consensus of Council to direct staff to allow the developer to proceed with the grading depending upon the clarification from the City Attorney. 4 CITY COUNCIL WORK SESSION OCTOBER 17 2001 CSAH 49 RECONSTRUCTION UPDATE, JOHN POWELL City Engineer Powell distributed and reviewed a memo from Dick Thompson regarding the Highway 49 meeting that was held on Monday. The memo outlined what took place at the meeting and included a list of people in attendance. TOWN CENTER UPDATE, MICHAEL GROCHALA Community Development Director Grochala advised a lot of grading is being done on the Marketplace site. The final plat will be reviewed at the Council meeting on Monday. Staff will be in front of the Livable Communities Grant Committee on Friday for a question and answer session relating to the City's application. ENVIRONMENTAL ISSUES Trade -a -Tree Program, Michael Grochala — Community Developm ' Director Grochala advised because of problems with trees and power lines, • o_s has been put together with Xcel Energy and the Tree Trust that calls for Cit o e. $. The program will include the provision of two (2) trees for eve a tie removed due to power lines. Xcel will put the trees in. The City sh, #ill ° lu a stump grinding and chemical control. The City does have dollars in the e costs. Councilmember Reinert asked why the City having the problems. Community Dev Xcel would just come in and cut th involved for a cooperative effo in the cost when Xcel is the one tor Grochala advised that typically no replacement. The Tree Trust got NEMO (Non -point Ed nicipal Officials), Michael Grochala — Community Deve ..menti , recto Grochala advised NEMO is a surface water management pro: R . . funded by the Metropolitan Council. The program will include NEMO rep 0 ves coming to the City to meet with the various Boards to address surface watt anagement issues and how to deal with those issues. This program is free to the City and is a great educational opportunity. REVIEW PROPOSED RESOLUTION REGARDING PARTICIPATION IN LIVABLE COMMUNITIES ACT/LOCAL HOUSING INCENTIVES PROGRAM, JEFF SMYSER City Planner Smyser advised the City has to adopt a resolution that states Lino Lakes elects to continue to participate in the Livable Communities Program. The City must participate to be eligible for Town Center funding, including the $1.5 million grant the City just applied for. This item will appear on the regular Council agenda Monday, October 22, 2001, 6:30 p.m. 5 CITY COUNCIL WORK SESSION OCTOBER 17 2001 PROPOSED ORDINANCE RELATING TO METH LABS, DAVE PECCHIA Chief Pecchia advised if there are no questions regarding the draft ordinance relating to meth labs that was distributed at the last Council work session, the ordinance will be on the regular agenda Monday evening. This item will appear on the regular Council agenda Monday, October 22, 2001, 6:30 p.m. DISCUSSION SURVEY OF PENALTIES FOR VIOLATION OF LIQUOR LICENSES, DAVE PECCHIA Chief Pecchia advised if the Council is supportive of the matrix that was distributed at the last Council work session, staff will do more research and bring it before the Council for approval. Councilmember O'Donnell stated his only concern is a license d •ulg ail four (4) times per year. Chief Pecchia advised the system is for a _ (ye, od and the Police Department will do two (2) compliance checks •er, e. "`les icense holder fails. More compliance checks will be done if a lic Chief Pecchia noted the Police Department ails about suspicious mail. Staff has done a brief training on how to dex r e c s. Councilmember Carlson requQ `� t `' a future work session regarding how the County and City are prep rron threats. Mayor Bergeson a used fro" the meeting and recessed the Council work session for a joint meeting he vironmental Board at 7:10 p.m. Mayor Bergeson recvened the Council work session at 9:30 p.m. DISCUSS PARK BOARD RECOMMENDATION REGARDING BIRCH PARK TRAIL, RICK DEGARDNER Public Services Director DeGardner advised the Park Board has recommended the Council direct the City Attorney to begin condemnation proceedings for the two (2) acre parcel of property necessary to provide a trail access from the Trappers Crossing development to Birch Park. He briefly reviewed the background of this issue noting the reasons that staff concurs with the Park Board's recommendation. Mayor Bergeson suggested the possibility of an agreement to buy the parcel in the future with the use of an easement in the interim. Public Services Director DeGardner stated the Park Board has looked at all options and determined condemnation is the only option. 6 CITY COUNCIL WORK SESSION OCTOBER 17 2001 Mayor Bergeson suggested an agreement be laid out by the City to not pursue condemnation with the use of an easement and the understanding that the City will buy the parcel in the future. Public Services Director DeGardner stated he would need to confer with the City Attorney regarding the legality of that type of agreement. Council directed staff to confer with the City Attorney regarding the legality of an agreement not to pursue condemnation with the use of an easement and the understanding that the City will purchase the two -acre parcel in the future. This item was removed from the regular Council agenda for further investigation. REGULAR AGENDA, OCTOBER 22, 2001 Council directed staff to determine if a closed meeting is necess e regular Council meeting to discuss litigation with the City Attorney. Item 6A, Consideration of Resolution No. 01-172, A Trapper's Crossing Trail — This item was removed The meeting was adjourned at 9:45 p.m. =nation for These minutes were considered, co = a roved at the regular Council meeting held on November 13, 2001. Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Berg on, Wyor