HomeMy WebLinkAbout02/06/2002 Council MinutesCITY COUNCIL WORK SESSION FEBRUARY 6, 2002
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
: February 6, 2002
. 5:30 p.m.
. 10:15 p.m.
: Council Member Dahl, Carlson,
O'Donnell and Mayor Bergeson
: Reinert
Staff members present: City Administrator, Linda Waite Smit Cites _ineer, John
Powell; Chief of Police, Dave Pecchia; Community Develo « i ctor, Michael
Grochala; City Planner, Jeff Smyser; Public Services Dir ':'c i eGardner; Building
Official, Pete Kluegel (part); Sergeant Rausch (part); E v •nm tal Specialist, Marty
Asleson (part); and City Clerk, Ann Blair (part)
ANNUAL REPORT SUMMARY FOR BU D INSPECTIONS, PETE
KLUEGEL
Building Official Kluegel distributed a c:p the 2001 Building Inspection Annual
Report. He reviewed the report noting pq its were issued in 2001 at a total value
of $74,974,041.
Mayor Bergeson clarified that re w or repaired septics in year 2001.
This item will be on t genda Monday, February 11, 2002, 6:30 p.m.
ANNUAL REPORT S M • x' Y FOR POLICE DEPARTMENT, DAVE
PECCHIA
Chief Pecchia stated a copy of the 2001 Department of Public Safety Annual Report was
previously distributed. He briefly outlined the report noting Sergeant Rausch was the
Administrative Officer this past year and Renee Kaulfuss was responsible for putting the
report together. The entire report will be presented at the Council meeting on Monday.
He asked Councilmembers to call him if they have any questions regarding the report
prior to the Monday night meeting.
This item will be on the regular Council agenda Monday, February 11, 2002, 6:30 p.m.
1
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
AMENDMENT TO CUP, GETHSEMANE CHURCH, MICHAEL GROCHALA
Community Development Director Grochala stated a memo was previously distributed
regarding this issue. As discussed at the January 28, 2002 Council meeting, Gethsemane
United Methodist Church is requesting an Amendment to a Conditional Use Permit to
construct a picnic shelter.
In preparation of the report, Staff found that the conditions of a three -lot minor
subdivision and rezoning request by the Church, approved by the City Council in 1997,
have not been met. Specifically, the Church has failed to provide the right-of-way for
Stage Coach Trail as required by condition of approval.
The minor subdivision consisted of dividing the 8.9 acre ch
Parcel A, which included the existing church, was 5.3 acres. P
Parcel C, the parsonage, was 19,000 square feet. Included wit
request was a concept drawing for the future subdivision o
extension of Stage Coach Trail to the north property line.
arcel into three lots.
was 3.2 acres and
r subdivision
hich included the
The purpose of requiring the dedication of the Stag
satisfy the subdivision requirement that all lots sh
publicly dedicated street. Parcel B and Parcel
this requirement as originally proposed. To r
was approved with the following condition
Co h Trail right-of-way was to
• r their full frontage on a
e minor subdivision did not meet
's situation, the minor subdivision
1. The subdivision inclu• >� • >' 1 dedication of the Stage Coach Trail
right-of-way with the e rider '• ing that Parcels B and C will be
financially responsi. - ` t future construction of the street.
2. The City Eng =proide c ent and recommendations in regard to
utility, ssues.
3. Any othis by staff.
Staff has reviewed the P1 • ng and Zoning Board and City Council minutes, Staff
Reports and submitted application documentation for the original minor subdivision
application. It is Staff's opinion that the City Council clearly intended that the Stage
Coach Trail right-of-way be dedicated in its entirety as shown on the Concept Plan
prepared by the Church. Staff's opinion is based on the following:
1. The dedication of Stage Coach Trail right-of-way was required to satisfy
subdivision requirements with regard to minimum lot frontage.
2. The only right-of-way discussed in the review process was that which was
proposed by the church on the submitted Concept Plan.
2
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
3. The Planning and Zoning Board minutes of May 14, 1997, clearly
indicates that the dedicated road right-of-way would not be improved until
development of Parcel B (future plat).
For these reasons and for conformance to the City's 2001 Transportation Plan, which
calls for the northerly extension of Stage Coach Trail, Staff maintains its recommendation
to require dedication of the street right-of-way to the north property line of Parcel B.
If the Council, within its legislative discretion, chooses to amend the original conditions
of approval, Staff requests that the following conditions be imposed:
1. That the Stage Coach Trail right-of-way be dedicated to the City
commencing at the north line of the platted St '- oach Trail right-of-way
and extending northerly approximately 160 feet center of a cul-de-
sac turnaround with a minimum right-of-way ra us o feet.
2. That the dedicated right-of-way be improv t to the requirements
of the City Engineer.
Community Development Director Grochala advi
and resolution requested by the Council will b
update.
Mayor Bergeson asked for clarification o
choose to amend the original conditio
Grochala reviewed the conditions t
amend the original conditions of a
Councilmember O'Donnell a
might cost. City En eer Powe
for grading and grave
ecessary changes to the report
istributed with the Friday
itions of approval if the Council does
al. Community Development Director
request if the Council chooses to
wou pay for the improvements and how much it
sed it would cost approximately $10,000 - $15,000
oach Trail.
Mayor Bergeson inquire•
about the original requirement of the right-of-way. Community
Development Director Gro ala stated the original condition just required dedication of
the right-of-way noting that Parcels B and C would be responsible for construction of the
road when the land is developed.
Mayor Bergeson asked why the City would now add the requirement of improvements.
Community Development Director Grochala stated because it was understood that the
Church would be coming in with a preliminary plat. They need to provide the minimum
street requirements. The City allowed them to subdivide on a certain set of assumptions.
The assumptions have now changed and the City needs get the required right-of-way.
Councilmember Carlson asked for clarification regarding the Church's concerns relating
to the right-of-way going all the way through the property.
3
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
Pastor Galveston stated the Church has no plans to develop Parcel B at this time. The
right-of-way would limit the Church to the amount of green space that can be used. The
road would not service anything but Parcel C.
Councilmember O'Donnell asked if the City could construct the road once the right-of-
way is obtained. Community Development Director Grochala stated that the City can
construct the roadway but there are other issues that will be a factor if the City wants to
develop the road before the development.
Councilmember O'Donnell stated he believes the concerns of the Church are the City
putting a roadway through their property and the financial burden of paying for the road.
Community Development Director Grochala explained the enarios that could cause
the road to be constructed without the development in the area.
Mayor Bergeson stated he is concerned that the shorter pie a '' a ` t -of -way has to be
improved.
Pastor Galveston stated the Church would rather gr t t. rig t -of -way noting that the
road will not be constructed until development oc
City Engineer Powell stated the City is asking or a .ved turnaround at the end of Stage
Coach Trail. The City is treating it as a pe = ation.
Mayor Bergeson noted the Council c• ' A - he original conditions of approval if the
Church chooses to abide by them.
Pastor Galveston stated that he _ w e "">'o, tions and abiding by the original set of
conditions is more favorable.
Councilmember O'D
from 1997 clearly indic
development of Parcel B.
north develops without the
the Planning and Zoning Board meeting minutes
e road right-of-way would not be improved until the
owever, the City may develop the road if the property to the
hurch developing Parcel B.
Mayor Bergeson clarified that the Church would like to dedicate the right-of-way to
Parcel C and receive approval of the Amended Conditional Use Permit for the picnic
shelter.
Councilmember O'Donnell clarified that the Staff recommendation is the same as the
original recommendation.
This item will appear on the regular Council agenda Monday, February 11, 2002, 6:30
p.m.
4
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
MINOR SUBDIVISION, SSR & W WILLARD MORTON AND BRAD RACUTT,
JEFF SMYSER
City Planner Smyser advised Mr. Racutt was unexpectedly called out of town so he is not
present. He reviewed the background of the application noting that the application raises
numerous important issues regarding implementation of the long-range plan for the City,
as represented in the 2001 Comprehensive Plan.
The City Council discussed this application at its work session on November 20, 2001.
Since then, Staff and Mr. Racutt have discussed alternatives. Staff believes the plan
recommended in the current report resolves the issues for all concerned.
The Planning and Zoning Board considered the application on v ; ber 14, 2002. The
staff report included the recommendation that the minor subdi ', ion . . pproved only if a
road easement is dedicated to the City that includes the on and the eastern 66
feet of the larger 11 -acre portion. The P & Z agreed that . d = sement is appropriate.
However, the P & Z recommended that the right -of -w; n on the southern
portion of the site be 33 feet instead of the full 66 f- et. e o er 33 feet is to be acquired
when and if property to the east develops. This w'bute the burden of supplying
land for the future right-of-way.
Staff has refined this recommendation and
easement by the two (2) properties to pro
states clearly that these properties c
ensures proper emergency vehicle
itions regarding use of the road
the property owners. Condition three (3)
ment for access. Condition four (4)
City Planner Smyser advised if i i plement its long range plan, as
represented in the 2001 Com' ensi P1. it must recognize opportunities to put
together the individu. l . ieces. i 1 Comprehensive Plan, the Transportation Plan
which is a key elemen cess Management Plan all point to providing for
a future road connectio" ` sould rovide safe access and circulation for existing
properties and for future velopment, if it occurs. The subdivision ordinance supports
this by prohibiting the creat'`. n of flag lots.
Access to the new lot will be from Main St. As long as this is the access intended by both
the City and the applicant, it is reasonable to make the access a public right-of-way that
accomplishes a number of public purposes. In addition, it provides continued access to
the adjacent property.
City Planner Smyser advised staff is recommending that 33' along most of the eastern
edge is enough for the road dedication. The entire northern 50' of the 66 -ft. piece is
needed to allow the neighbors access to Main Street. This recommendation meets the
City's needs and provides a buffer area for Mr. Racutt.
5
CITY COUNCIL WORK SESSION
FEBRUARY 6, 2002
City Planner Smyser noted the City has to take action due to the time requirements. The
applicant can, however, agree to an extension.
Mr. Fritz Kanock, attorney for Mr. Racutt, stated his client is more than willing to extend
the deadline. He indicated he will put that in writing and fax it to the City as soon as
possible. He stated more time is necessary to discuss this issue because the amount of the
easement seems very high. He stated he cannot understand the benefit to Mr. Racutt's
property due to the subdivision. The City does have to plan for transportation but more
discussion is needed.
City Planner Smyser advised the City can just deny this application because it does not
meet the requirements. The City is not obligated to help someone create a flag lot.
Mayor Bergeson stated the best option is to wait until Mr. Rac resent.
Mr. Kanock stated he would get the necessary approval fron to extend the
time period and have that to Staff by Friday morning.
Mayor Bergeson stated if an agreement to extend thline is not received, the City
must take action on Monday.
City Planner Smyser noted the City Attorney ed the application and the Staff
recommendations are based upon his co
City Administrator Waite Smith state g ;`ttorney would include a written
statement in the Friday packets reg ding i sue.
UPDATE ON REFERENDU , RICK DEGARDNER
City Administrator Waite Smith ' .fid a consultant was contacted regarding the
referendum process. 'L e, u 's i s d he does have the capacity to do phone surveys
but it would require 40 0 e ns and cost $6,000 — 8,000. The consultant did indicate
they have helped the Cit ". f Chanhassen and Minnetonka on similar projects.
City Administrator Waite mith recommended the referendum be taken to the voters to
let them decide about the athletic complex.
Councilmember O'Donnell stated if any dollars are going to be spent, he would rather
spend them on marketing the project.
This item will appear on the regular Council agenda Monday, February 11, 2002, 6:30
p.m.
6
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
PHEASANT HILLS 12T0 ADDITION, REZONING, COMPREHENSIVE PLAN
AMENDMENT AND PRELIMINARY PLAT APPROVAL, JEFF SMYSER
City Planner Smyser advised Pheasant Hills 12th Addition has been discussed before.
This item was pulled off the agenda because staff had issues with the proposed plan. Mr.
Vaughn, the developer, is present tonight with a new plan that Staff has not yet seen or
reviewed. Staff cannot have a recommendation for the meeting Monday night. New
plans should be submitted by Friday and then placed on the February 25 Council agenda.
Mr. Vaughn stated he was happy to see that most Councilmembers did visit the island.
He noted the island had recently been staked.
The Engineer for the project stated he did ask for an extensio
all of the issues. He stated he has received many of the necess
Watershed District. He referred to the old plan noting work h
since 1991. He indicated a permit for the bridge has been
with the Environmental Board has started regarding the r
tree preservation and grading. He presented and revie e
asked for comments from the Council.
there is time to address
royals from the
e on the plan
the DNR. Work
o impervious surface,
t plan in detail and
Mr. Dick Keiser, Johnston Fargo Culvert, Inc.,
be used for the project.
City Administrator Waite Smith stated t
direction can be given.
The Engineer explained that the p
clear that the City does not w
to a homeowner's associatio
Mayor Bergeson clan
it to R -1X with a PDO
Councilmember O'Donne ` quired about the PDO.
The Engineer stated that the development of a private road, the length of the cul-de-sac,
and the lot configuration all call for a PDO overlay.
picture of a bridge that may
needs comments from staff before
ay allows for more options. It was made
the bridge. An escrow will be set up similar
ntain the bridge.
is now zoned R -X and the request is to rezone
City Planner Smyser added that the setbacks, shoreland disturbances, cul-de-sac, and
private roadway all suggested a PDO due to the number of variances that would be
necessary to complete the project.
Mayor Bergeson stated he has heard concerns about the construction of the bridge and the
impact on the neighborhood.
7
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
Mr. Keiser stated the bridge is manufactured and put together in a plant. It is pulled apart
and then put together on site. The total time for the bridge assembly is one to two weeks.
The Engineer stated they have not yet determined the specifics regarding the bridge
construction. There are options to put the bridge into the ground that include augers.
Construction will probably have to go down approximately 35 feet.
City Engineer Powell stated staff does not consider this bridge the final design. Staff
needs to know exactly what is being proposed before recommendations can be made.
Councilmember O'Donnell asked if there are any other ways to access the island.
The Engineer stated all options were explored. The only thin DNR would allow is a
bridge at the shortest distance. He noted all construction will b :` . land areas only.
Mayor Bergeson stated he believes the project should be e �� �, feasible. The
economic feasibility is mentioned in the PDO.
The Engineer for the project stated he believes the p, ojcc is economically feasible.
Mr. Vaughn stated he believes he will make ap:; ately $150,000 per house.
Mr. Kirk Corson, resident of Lino Lakes, s « e ghbors are wondering about an
EAW. He asked if an EAW should be ., ed by the City or by the neighbors.
City Planner Smyser stated the EQ : ete "" r es who will be the governing body of the
EAW. The City can decide on its o,M o ve an EAW as well as the applicant.
Mr. Corson stated the neighb •od i opi theree will be a neighborhood meeting.
� p
City Planner Smyser . _ 11 make facilities available for a meeting but the
developer should initia . as itate the meeting.
Mr. Vaughn indicated a ne borhood meeting will be scheduled prior to Council action
on February 25, 2002.
This item will appear on the regular Council agenda Monday, February 25, 2002, 6:30
p.m.
Mayor Bergeson called for a short break at 8:05 p.m.
Mayor Bergeson reconvened the meeting at 8:20 p.m.
8
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
COMMERCIAL ZONING REQUEST, JIM LANSBERGER, SOUTHWEST
QUADRANT OF MAIN STREET AND I -35W, JEFF SMYSER
City Planner Smyser distributed information and a map regarding a land use inquiry from
James Lansberger. Mr. Lansberger called inquiring about possibile for uses of his
property that would generate some revenue. He asked about rezoning to a commercial
use and about the possibility of placing a billboard on his land.
There is nothing in the City's plans to justify a commercial zoning for the site. The City's
sign ordinance allows billboards only in the R -BR zoning district. Since this area is not
planned for such future uses, the R -BR is not appropriate for the site.
Mr. Lansberger came forward and stated that as a landowner . s the right to develop
his land. Houses are not as desirable as before due to the compo ap on the next lot.
Also, utilities will not be available until 2010. He stated he had been ing inquiries
from developers about the site. The problem is what can b the interchange
does come in. He stated he believes there should be an 1 e at Main Street and
35W. At this point, houses can't be put in and comm ;: is be developed until the
interchange is put in. He stated he is the only prope : , er in the area and the
billboards would not impact anyone. He stated hi for billboards will allow him
to retire on his land and hold onto it until it is t .�" be developed. He added he believes
his request is reasonable and asked the Counc to co <,a ider it.
Councilmember Carlson stated that if th-. s + . erty is changed to commercial to allow
billboards, many other options to dev prematurely will become available.
Mr. Lansberger stated there will be ial opportunities when the interchange
comes in at some point in the
City Engineer Powel stated An a • unty has purchased some property around that
interchange for futures' ever, that interchange is not a high priority at
this point.
City Administrator Waite `= ith stated the Comprehensive Plan took several years to put
together and had input from many residents. The majority of residents have indicated
they do not want accelerated growth within the City.
City Planner Smyser stated that even if the property were rezoned to commercial, the
City's zoning ordinance does not allow billboards in commercial areas.
Mayor Bergeson stated the property would have to be rezoned and the City's ordinance
would have to be changed.
Mr. Lansberger requested the Council look at his request and have staff determine a way
to legally allow billboards on his property.
9
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
Mayor Bergeson noted residents do have the right to make a formal request for a rezone.
City Planner Smyser advised the request would need a rezone, Comprehensive Plan
amendment and an ordinance change.
Councilmember Carlson indicated she would not support a rezone because of the concern
relating to spot zoning.
Mayor Bergeson stated he would not support a rezone. He stated he is concerned about
the rural landowners and how they can generate income. He stated he believes the City
will eventually have to look at that, but at this point nothing is permitted.
Councilmember O'Donnell stated he is more willing to consid '' ' than commercial.
He indicated he agrees with Councilmember Carlson and Mayor Ber: g n and cannot
support the rezone.
Councilmember Dahl stated she believes Mr. Lansber: r y e to wait until the
interchange comes in.
CLEARWATER CREEK GRADING, COUi1.ME BER CARLSON
Mr. Rick Kiefer, 2378 Tart Lake Road, c
home. He stated the water flow is a hug
developer about the problem and the
the grading is fine. He stated he ne
Mr. John McGovern, 2372 T
Lake Road, also came forwar
to the grading that w s done on
and distributed pictures of his
blem. He stated he has talked to the
'd regrade the property and assured him
to do something about the water problem.
Mr. Richard Akanedwards, 2366 Tart
hey are having serious water problems due
City Engineer Powell i "w `te ;fie has visited the site and it is a very bad situation. The
plan for the subdivision s r•wed 50 feet between the back lot but it is only 30 feet. The
McGovern's home has bee graded one foot lower than the plan showed. This is why the
City is developing an ordinance to address the grading issues.
City Engineer Powell stated the developer is coming in next week to provide an outlet to
the wetlands. Beyond that, the City and residents need a permanent solution. There is
landscaping on the Keifer lot that is on a drainage easement. Staff is trying to find a
workable solution.
City Engineer Powell advised the City can hold the developer responsible for the grading.
The developer can also be held financially responsible for tearing up the yards to correct
the problem.
10
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
Council directed staff to proceed with working with the developer to correct the grading
problem.
PELTIER LAKE SURFACE WATER ZONING, MARTY ASLESON
Environmental Specialist Asleson stated there is a task force that has been working on
this issue. Peltier Lake Island has a unique resource that has been identified as the blue
heron. The task force has held discussion regarding this issue and why the birds are
disappearing. The key issue seems to be the permit that was issued to put a slalom ski
course on the north side of the lake.
Environmental Specialist Asleson stated the task force is working with the Environmental
of the lake. He
oard is meeting
'held at the next
estrict the activity
Board to pass an ordinance restricting activities on the north
distributed an ordinance process checklist noting the Environm
tomorrow night to discuss this issue further. Another discussi
work session and a draft ordinance will be presented to the
on the north side of the lake.
Council directed Staff to include a copy of the studi -- s d. e regarding the blue herons in
the Friday packets.
Mr. Wayne LeBlanc, 1677 Peltier Lake Drive distrited a packet of information
regarding this issue that included pictures
Chief of Police Pecchia stated the res
a permit every year. From a public
Enforcement of a new ordinance w
that residents in the area shoul
Councilmember O'D.nnell sugg
Environmental Specia
prohibit the lake from r a. use.
ut up the slalom ski course do apply for
point the course is not an issue.
ft up to the Sheriff and the DNR. He noted
f, e proposed ordinance.
the possibility of relocating the course.
there is nothing in the current ordinances that
This item will appear on thCouncil work session agenda Wednesday, February 20,
2002, 5:30 p.m.
UPDATE ON FIVE-YEAR FINANCIAL PLAN, AL ROLEK
Finance Director Rolek advised the Charter Commission has indicated the City needs to
be preparing a Five -Year Financial Plan. Staff has gathered information for the CIP.
That raw data needs to be combined and assembled. Staff has also been asked to estimate
operational costs for the next five years. Revenue forecasting has begun but it is very
difficult due to possible changes in state aid.
11
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
It is the overall goal to have a draft document at the March 20, 2002, Council work
session. The public hearing could then be scheduled for the March 25, 2002, Council
meeting.
Councilmember O'Donnell stated he would like to know from the Charter Commission
the purpose of the Plan.
City Administrator Waite Smith stated the concern of staff is that the City has run
effectively without the Plan. Staff would like to know the value of the Plan. Staff also
understands that the Charter does require the Plan.
Councilmember O'Donnell stated the Five -Year Plan should be placed on the agenda for
the joint meeting with the Charter Commission.
Finance Director Rolek. stated Staff will continue to work on t
City Administrator Waite Smith stated the Council needs . . isc` ss this issue with the
Charter Commission at the joint meeting.
DISCUSS FRANCHISE AGREEMENT WITH NfNNIAL UTILITIES,
LINDA WAITE SMITH
City Administrator Waite Smith distribute
Franchise. She reviewed the backgroun
fee.
City Administrator Waite Smith in
franchise fee and replace it wit
would reduce the utility's bur
City cannot easily rep ace. Anot
Reliant Energy Minne
garding the Circle Pines Gas
he issue and options regarding the franchise
f is recommending the City reconsider the
liar amount to be paid each year. This
'thout eliminating a source of revenue the
tion would be to reconsider a franchise fee for
City Administrator Wait
next Council work session
Council work session.
mith requested Council direction regarding this issue at the
reminder will be included in the Friday packets prior to the
NOTE DATE FOR ANNUAL BOARD OF REVIEW MEETING, LINDA WAITE
SMITH
City Administrator Waite Smith reminded the Council the Annual Board of Review
meeting is April 22, 2002, 6:30 p.m.
City Administrator Waite Smith stated City Engineer Powell's last Council work session
is February 20, 2002, 5:30 p.m.
12
CITY COUNCIL WORK SESSION FEBRUARY 6, 2002
REGULAR AGENDA, FEBRUARY 11, 2002
Item 7A, Resolution No. 01-185, Minor Subdivision, SSR & W Willard Morton and
Brad Racutt — This item may be removed from the agenda if an extension is granted from
the applicant.
There were no other changes to the regular Council agenda.
The meeting was adjourned at 10:15 p.m.
These minutes were considered, corrected and approved at the regular Council meeting held on
February 25, 2002
Ann B1a ,JCity Clerk
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
13