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HomeMy WebLinkAbout02/19/2003 Council Minutes• CITY COUNCIL WORK SESSION FEBRUARY 19, 2003 APPROVED CITY OF LINO LAKES MINUTES DATE : February 19, 2003 TIME STARTED : 5:31 p.m. TIME ENDED : 9:57 p.m. MEMBERS PRESENT : Council Member Carlson (5:43) O'Donnell, Reinert and Mayor Bergeson MEMBERS ABSENT : Dahl Staff members present: City Administrator, Linda Waite Smith; City Engineer, Jim Studenski; Chief of Police, Dave Pecchia (part); City Planner, Jeff Smyser (part); and Community Development Director, Michael Grochala; SUBDIVISION ORDINANCE, JEFF SMYSER City Planner Smyser advised the City Council approved the first reading of the new subdivision ordinance (Ordinance No. 04 — 03) on January 27. A number of revisions to the 12/19/02 draft were discussed and added to the text of the document. These were listed in the February 10 staff report. The Council made several other text revisions. On February 10, the City Council tabled the second reading of the ordinance in order to further discuss levels of service at freeway entrances. City Planner Smyser advised the City must publish all ordinances. The subdivision ordinance is lengthy and the cost of publishing the entire ordinance would be excessive. State statute (412.191) allows a city to publish a summary of an ordinance rather than the entire ordinance. City Planner Smyser noted Agenda Item 7Fii, Resolution No. 03 — 26, includes a summary of the subdivision ordinances and approves the use of the summary for publication. City Planner Smyser referred to and read the section of the subdivision ordinance that refers to transportation infrastructure and premature subdivisions. The ordinance notes that the 35E and 35W interchanges require City, County and state agency involvement for any improvements. City Planner Smyser distributed a drawing of a roadway study and levels of service in relation to the freeway ramps. A minimum level of service is needed at the ramps. However, it is very difficult to define a minimum level of service. He noted no study has CITY COUNCIL WORK SESSION APPROVED been done after the improvements were made for the Marketplace. standards for the minimum level of service on the ramps. Community Development Director Grochala noted the study that was done should be updated. FEBRUARY 19, 2003 There are no industry City Planner Smyser stated the question is what is sufficient at an interchange. However, there is no way to measure that. Councilmember Reinert stated keeping the language as is in the ordinance ignores the problem. He suggested language be written to indicate money will be pooled from developments to fund future improvements. City Planner Smyser stated it is a timing issue because the City does not control when the areas will be developed. The reality is that when areas develop the City has to work with the County and MnDOT to try to solve the problem. Councilmember Carlson stated the language in the ordinance takes the interchanges out of the City's ordinance. The Comprehensive Plan says the City can get the funding for the improvements from the developers. Mayor Bergeson stated the real problem is funding for the bridge. The language in the ordinance sounds like the City will not require any improvements to the interchange. Community Development Director Grochala stated that maybe the language should be changed to indicate levels of service will be studied with MnDOT to determine what improvements will be necessary. The language needs a hook but also has to allow verbiage that states MnDOT and the County will have to determine what levels of service will be necessary. City Planner Smyser suggested language that could be included in the ordinance to clarify the interchange issue. Councilmember Carlson stated the language that is added needs to include cost sharing for the improvements. City Planner Smyser advised staff would work on the additional language and include it in the Friday update. This item will appear on the regular Council agenda Monday, February 24, 2003, 6:30 p.m. ZONING ORDINANCE, JEFF SMYSER • The revisions to the zoning ordinance resulted from the efforts of the Development Regulations Task Force, city staff, and our planning consultant. The ordinance includes CITY COUNCIL WORK SESSION FEBRUARY 19, 2003 APPROVED • numerous clarifications, codifications of past amendments, expanded requirements, and • • completely new elements intended to implement the comprehensive plan. City Planner Smyser advised after the public hearing, the Planning and Zoning Board recommended the following changes to the zoning ordinance document: • Numerous housekeeping items (typos, clarifications, corrected citations, etc.) • The definitions were revised to reconcile with the new subdivision ordinance. • The concept plan for a PUD will be voluntary, similar to a concept plan for plats. • Outdoor storage requirements will be clarified, including distinction between outdoor sales lots and outdoor storage. • Diagrams will be added to illustrate fence height restrictions on residential and commercial properties. • Single family lots shall only have one driveway (added on page 3-63). • Existing farms are permitted uses—this will not be deleted (Sec. 3, Subd. 13, page 3- 90) • The requirements for cell phone towers will require a two-mile search radius for existing structures rather than just one mile (page 3-96). • Tree service businesses will be added to the Rural district as a conditional use. • The R-2 district needs a statement that it fits in the Medium Density land use category of 3-6 units per acre. • The R-3 and R-4 districts need a statement that any such development must have city sewer and water. • Motor fuel stations will be removed from the NB district. We need to examine how to designate two locations for NB. • Gas stations in LB and GB, LI and GI districts: bulk propane tanks will be added to allowable elements and lighted fascia on canopies will be allowed. • Tennis domes, golf domes, and the like will be added to GB and LI districts: probably as conditional uses because of height issues. The requirements for conditional use permits and site plan reviews will be revised to include the traffic level of service thresholds to match those approved for the subdivision ordinance (Section 2, Subd. 2.B.7.d, page 2-6, and Section 2, Subd. 6.D.4., page 2-30). Councilmember Reinert referred to the change relating to gas stations. He suggested the City look into limiting the proximity of gas stations to one another. Mayor Bergeson stated that he believes removing gas stations from neighborhood business zoning districts will kill that type of zoning district. City Planner Smyser stated direction will be needed from the Council regarding removing gas stations from neighborhood business zoning districts on Monday night. Council direction will also be needed regarding the addition of tennis domes or golf domes to general business and light industrial districts before the first reading of the ordinance is approved. • • CITY COUNCIL WORK SESSION FEBRUARY 19, 2003 APPROVED City Planner Smyser reviewed the following changes that have been made to the zoning ordinance: • A new single family residential zone has been created: R -EC, Single Family Estate Conservation. This allows for "clustering" in a single family zone, but requires that any space saved by using smaller lots must become open space. (Sec. 2, Subd. 3, p.6- 12) • The site and building plan review process will be entirely an administrative function rather than going through P & Z and City Council review. If there is a variance request or appeal of the administrative decision by the applicant, it would be brought though P & Z and Council. This is similar to making minor subdivisions an administrative review. • Planned unit developments normally will be addressed with conditional use permits. A new set of requirements for a PUD is at Section 2, Subd. 10, page 2-39. The ordinance provides for rural clusters as well as urban residential PUDs. Any mixed- use development will require a PUD rezoning, per Sec. 9, Subd. 3. • Reduced number of categories for accessory building size maximums and increase in the amount of accessory space for small lots (less than 1 1/4 acre). The former maximum was 1120 sf, it has been raised to 1200. • Landscaping requirements have been clarified and updated. Tree preservation requirements for commercial and residential building have been added. • The Central Business District will become General Business, and the CB zone deleted from the ordinance. The Shopping Center district will be deleted, and shopping centers will be conditional uses in the business districts. Councilmember Carlson asked for clarification regarding why applicants not being able to resubmit applications for one year after being denied was removed. City Planner Smyser stated the current language says that no application for rezoning which has been denied can be resubmitted for one year unless reasons for denial have been met or the application is reconsidered by the City Council. Mayor Bergeson stated the language should read that the applicant cannot come back and be reconsidered for one year. City Planner Smyser suggested possible language that would clarify that section of the ordinance. The Council determined the clarification would be added before the first reading of the ordinance is approved on Monday night. CITY COUNCIL WORK SESSION FEBRUARY 19, 2003 APPROVED • Councilmember O'Donnell requested an opinion from the City Attorney regarding • • whether or not the new ordinances have teeth to deal with situations like the Holte pond. This item will appear on the regular Council agenda Monday, February 24, 2003, 6:30 p.m. CHARLIE'S TREE SERVICE, JEFF SMYSER City Planner Smyser advised Mr. Charlie Pfingsten would like to purchase property at Lake Drive and Maple to store his vehicles for a tree service. The Planning and Zoning Board supported this request. However, tree services are not included as a use in rural zoning. The Planning and Zoning Board has suggested the City add tree services as a permitted use in a rural zoning district with a conditional use permit. Mayor Bergeson stated he is not only concerned about the trucks but the tree stumps that may also be stored on the property. City Planner Smyser advised storing stumps on the property could be prohibited and listed on the conditional use permit. Mr. Finkston did have a neighborhood meeting regarding this issue. The neighbors did agree to the request with a list of conditions. There is also a sewer issue that has to be addressed on this property. Councilmember Reinert stated the recommendation from the Planning and Zoning Board regarding this issue seems very odd. He stated that he believes adding tree services as a permitted use in the rural zoning district does not make sense. City Planner Smyser advised the Council would need to indicate if the tree service should be included as a permitted use in rural zoning on Monday night. POLICE DEPARTMENT ANNUAL REPORT, DAVE PECCHIA Chief Pecchia distributed and reviewed the annual Police Department Report noting the mission statement of the department has changed due in part to input from the focus group. He asked the Council to contact him prior to the Council meeting Monday night if there are any questions. Chief Pecchia noted the City has a new mapping system that separates the City into three sections that are assigned to teams. The mapping information will be very helpful to the department and neighborhood watch groups. This item will appear on the regular Council agenda Monday, February 24, 2003, 6:30 p.m. • • CITY COUNCIL WORK SESSION FEBRUARY 19, 2003 APPROVED POLICE DEPARTMENT FOCUS GROUP UPDATE, DAVE PECCHIA Chief Pecchia distributed an information sheet on the Police Liaison Committee noting the purpose of the committee is to provide a formal structure to share information and offer an opportunity for officers and citizens to give feedback on police department topics and issues. The information also listed the committee's responsibilities and operating procedures. Chief Pecchia noted the department is working on homeland security policies and procedures. He presented the Council with various examples of equipment that would be used in a biohazard chemical attack. He noted all the officers have been trained for potential homeland security attacks. This item will appear on the regular Council agenda Monday, February 24, 2003, 6:30 p.m. REGULAR AGENDA ITEMS, FEBRUARY 24, 2003 There were no changes to the regular Council agenda. The meeting was adjourned at 9:57 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on March 10, 2003. Ann BlaCity Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 6