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HomeMy WebLinkAbout01/26/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES 41110 2 MINUTES 3 4 5 DATE : January 26, 2004 6 TIME STARTED : 6:40 P.M. 7 TIME ENDED : 7:27 P.M. 8 MEMBERS PRESENT : Councilmembers Bergeson, Carlson, Dahl, Reinert and 9 Stoltz 10 MEMBERS ABSENT : None. 11 12 Staff members present: Acting City Administrator/Director of Administration, Dan Tesch; City 13 Clerk, Ann Blair; Community Development Director, Michael Grochala; City Engineer, Jim 14 Studenski; City Planner, Jeff Smyser; and City Attorney, Barry Sullivan. 15 16 SETTING THE AGENDA 17 18 The agenda was approved as amended. 19 20 CONSENT AGENDA 21 22 Councilmember Carlson moved to approve the Consent Agenda, as submitted. Councilmember Dahl 23 seconded the motion. 24 025 Motion carried unanimously. 26 27 ITEM ACTION 28 29 A. CONSIDERATION OF EXPENDITURES: 30 31 i) January 26, 2004 (Check No. 70149 — 32 70240, $441,552.22). Approved 33 34 ii) Centennial Fire District (Check No. 14082 — 35 14096, $64,265.31). Approved 36 37 B. CONSIDERATION OF RESOLUTION NO. 04-13 38 APPROVING APPLICATION FOR TEMPORARY 39 ON -SALE LIQOUR LICENSE AND RESOLUTION 40 NO. 04-14, APPROVING APPLICATION TO 41 CONDUCT OFF-SITE GAMBLING, CIRCLE -LEX 42 LIONS CLUB Approved 43 44 OPEN MIKE 45 46 There was none. 47 048 COUNCIL MINUTES JANUARY 26, 2004 APPROVED 49 •50 FINANCE DEPARTMENT REPORT, AL ROLEK 51 52 A. Consideration of Resolution No. 04-11 Authorizing the Issuance of 2004 Certificates of 53 Indebtedness. 54 55 Acting City Administrator / Director of Administration Tesch summarized the Staff report, indicating 56 Staff recommends approval of the resolution. 57 58 Councilmember Stoltz moved to adopt Resolution No. 04-11, issuing the 2004 Certificates of 59 Indebtedness. Councilmember Dahl seconded the motion. 60 61 Motion carried unanimously. 62 63 Resolution No. 04-11 can be found in the City Clerk's office. 64 65 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 66 67 A. Consider Annual Board Appointments 68 69 Acting City Administrator / Director of Administration Tesch summarized the Staff report, noting 70 that the Council also needs to make a decision about which Environmental Board member will serve 71 a one-year term. 72 .73 Mayor Bergeson stated that at the last work session, they discussed the position available on the 74 Environmental Board that is open as the result of one member leaving. He indicated the Council had 75 suggested that the Environmental Board make the determination on which of the new members would 76 serve the remaining one-year term, however they have requested the City Council decide. He noted 77 that there are not limits on number of terms that can be served on a board, so whoever serves that 78 term would be able to re -apply next year. 79 80 Councilmember Carlson moved to approve the Advisory Board Appointments as presented, with the 81 recommendation that the short term on the Environmental Board go to the person who applied after 82 the close of the application process. Councilmember Reinert seconded the motion. 83 84 Mayor Bergeson indicated that seemed like a fair resolution to the situation. 85 86 Motion carried unanimously. 87 88 Mayor Bergeson thanked Dan Tesch for filling in as Acting City Administrator for the last several 89 months. He stated he appreciates all he has done, and the City was in good hands between 90 administrators. 91 2 COUNCIL MINUTES JANUARY 26, 2004 APPROVED 92 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA .93 94 There was no report. 95 96 97 98 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 99 100 There was no report. 101 102 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 103 104 A. Consideration of Resolution No. 04-12, Approving Variance to Allow Accessory Building 105 Encroachment into the Front Yard Setback, Joseph Kivel, 6262 Otter Lake Road, Tanda 106 Gretz 107 108 City Planner Smyser summarized the Staff report, indicating Staff recommends approval of the 109 request. 110 111 Councilmember Carlson asked how long the applicant has owned the property, and if this is a unique 112 situation. 113 114 City Planner Smyser stated he could not speak to the length of ownership, but he has not experienced 115 another property this close to the right-of-way with such limited options. He stated he can recall a •16 house being built close to the right-of-way line, but to have an existing house without a garage is 117 unique. 118 119 Mr. Kivel stated he has lived there about two years, and he has explored other places to put a garage, 120 however there are none. 121 122 Councilmember Dahl moved to adopt Resolution No. 04-12, approving a variance to allow accessory 123 building encroachment into the front yard setback, with the following condition: 124 125 1. The applicants, their successors, and assigns are hereby notified that should Otter Lake 126 Road expand by ten feet or less, neither the City and/or road authority will pay 127 compensation to the property owners for severance damages due to their encroachment 128 in the setback area. 129 130 Councilmember Reinert seconded the motion. 131 132 Councilmember Carlson stated she looks at variances more strictly than some do, and that she has 133 been consistent. She indicated that in this case she has two concerns. She stated five feet from the 134 right-of-way is very close. In 1979, when the lot was separated this situation was created, and she 135 thinks they are creating another situation now. She also sees a safety factor with a garage that close to 136 the right-of-way. She indicated she is concerned about Anoka County's comments about right -of - 137 way management, which states they may be asking Lino Lakes to consider their own right-of-way for 138 trails and paths. She stated she will vote no. 039 3 COUNCIL MINUTES JANUARY 26, 2004 APPROVED 140 Councilmember Dahl stated when they reconstructed Elm Creek they had a man with a short driveway, and the Council accommodated him. She feels this is a similar situation and she will vote •41 42 yes. 143 144 Mr. Kivel stated if you look at the property, the garage is quite set back. There is no way the property 145 would be a danger to anyone driving by. He indicated you would have to go off road and drive 70 146 feet before you get to the garage. He added that as the planners saw when they came out, there is no 147 other place to put a garage. He tried other spots and spent a lot of money to investigate to satisfy the 148 Planning and Zoning Boards concerns. 149 150 Mayor Bergeson noted that the size of the septic system is bigger than the house and garage together. 151 He hopes someone will eventually come up with a better system that is less unsightly in 152 neighborhoods. 153 154 Vote: 4:1. Motion carried. Councilmember Carlson opposed. 155 156 Resolution No. 04-12 can be found in the City Clerk's office. 157 158 B. Consider SECOND READING of Ordinance No. 01-04, Vacating Drainage and Utility 159 Easements, Mar Don Acres, Jeff Smyser 160 161 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. 162 163 Councilmember Carlson moved to approve the SECOND READING of Ordinance No. 01-04, 064 Vacating Drainage and Utility Easements, Mar Don Acres. Councilmember Stoltz seconded the 165 motion. 166 167 Vote: Councilmember Carlson voted yea. Councilmember Stoltz voted yea. Councilmember Dahl 168 voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. 169 170 Ordinance No. 01-04 can be found in the City Clerk's office. 171 172 C. Consideration of Resolution No. 04-16, Approving Final Plat, Raven's Hollow, Jeff 173 Smyser 174 175 City Planner Smyser summarized the Staff report, indicating Staff recommends approval. 176 177 Councilmember Reinert asked that they make sure a correction is made on the background 178 information to clarify what plat they are discussing. He stated they also need to make sure signs are 179 put up notifying residents of future road extensions at the current cul-de-sacs. 180 181 City Planner Smyser stated the roads will terminate temporarily, but the City is beginning the practice 182 of putting up signs that notify the residents the road may be connected at some time. He indicated 183 they could include that language in the resolution. 184 185 Councilmember Reinert moved to adopt Resolution No. 04-16, approving final plat, Raven's Hollow, 186 with notice given that the City will put up signs in reference to the future completion of roads. •87 Councilmember Dahl seconded the motion. 4 COUNCIL MINUTES JANUARY 26, 2004 APPROVED 188 089 Mayor Bergeson stated they have signs available for these roads. 90 191 Motion carried unanimously. 192 193 Resolution No. 04-16 can be found in the City Clerk's office. 194 195 D. Consider FIRST READING of Ordinance No. 02-04, Rezoning Certain Real Property 196 from R-4, High Dewnsity Residential to R-3, Medium Density Residential, NE corner of 197 Lake Drive and Aqua Lane, Jeff Smyser 198 199 City Planner Smyser summarized the Staff report, advising Staff recommends rezoning the site and 200 approving the first reading. 201 202 Councilmember Carlson noted on the site map that the yellow area just south of the site are single 203 family homes on large lots. City Planner Smyser indicated that was correct. 204 205 Councilmember Carlson stated she was pointing that out because she is taking that into consideration, 206 as well as the points of Staff on rezoning to make her decision. 207 208 Don Folsom, 574 Aqua Circle indicated he is a neighbor of the property being discussed. He stated 209 he is representing the homeowner's association, who is very much in favor of having the property 210 changed to medium density from high density. 211 012 Ron Fuchs, Hokanson Family Partnership, 9174 Isanti Street, Blaine stated they respectfully request 213 denial of this rezoning. He indicated the Marshan Lake Condominiums are high density, and there 214 are other high density developments in the surrounding area also. He read a prepared statement 215 concerning density allowances and guidance for the area. He stated Marshan Lake Condomimiums 216 are built at 6.4 per acre, whereas medium density allows only up to 6. He indicated the City Planner 217 knew this when they went to the Planning and Zoning Board last fall. He stated they separated the 218 CIP, Preliminary Plat, etc. on January 12th, and plan to submit a plan soon. He indicated they would 219 be submitting it to the City Council in lieu of additional review by the Planning and Zoning Board. 220 221 Councilmember Reinert commented that to clarify, when Marshan Lake Condominiums were built 222 they did conform to the definition of medium density, which was up to eight units per acre at the 223 time. He indicated that they were conforming when constructed, so Mr. Fuchs'argument is moot 224 225 Mr. Fuchs stated when they were built the land was high density, and it was only because they were 226 in the Shoreland District that they were built at the lower density of less than eight units per acre. 227 Councilmember Reinert reiterated it is not a good argument, because they were conforming at that 228 time. 229 230 Mayor Bergeson stated he would like to address the statement that a new plan would come directly to 231 the City Council, and not go through Planning and Zoning Board review. City Planner Smyser 232 indicated the previous site plan review has been withdrawn, so the process will start over. A new 233 plan will therefore go through Staff and the Planning and Zoning Board, and then come to the City 234 Council as with any new application. 035 5 COUNCIL MINUTES JANUARY 26, 2004 APPROVED 236 Councilmember Carlson moved to approve the FIRST READING of Ordinance No. 02-04, Rezoning � 37 Certain Real Property from R-4, High Density Residential to R-3, Medium Density Residential, NE 238 corner of Lake Drive and Aqua Lane. Councilmember Reinert seconded the motion. 239 240 Councilmember Carlson stated she is happy to hear the applicant will be coming back with a plan that 241 will meet medium density guidelines. She indicated her reasons for supporting this are Staff s report, 242 the Findings of Fact, and Minnesota Statutes cited. She also added the Planning and Zoning Board 243 recommendation, because there is nothing to support that this was part of other acreage to begin with, 244 as well as the presence of single-family homes to the south of this land. 245 246 Mayor Bergeson stated while the Staff covered this, it is important to emphasize that when there is a 247 mismatch between the zoning map, land use and Comprehensive Plan, the correct action is to change 248 the zoning. Councilmember Carlson noted the Staff report clearly outlines that, citing the appropriate 249 Minnesota Statutes. 250 251 Vote: Councilmember Carlson voted yea. Councilmember Reinert voted yea. Councilmember Dahl 252 voted yea. Councilmember Stoltz voted yea. Mayor Bergeson voted yea. 253 254 Motion carried unanimously. 255 256 Ordinance No. 02-04 can be found in the City Clerk's office. 257 258 City Planner Smyser noted that the Second Reading would be on the next City Council agenda. 259 060 E. Consideration of Resolution No. 04-15, Approving Change Order No. 1 and Payment 261 Request #5, West Shadow Lake Drive Improvement Project, Jim Studenski 262 263 City Engineer Studenski summarized the Staff report, indicating the additional work has already been 264 covered in the assessments for West Shadow Ponds. 265 266 Councilmember Dahl moved to approve Resolution No. 04-15, approving Change Order No. 1 and 267 Payment Request #5, West Shadow Lake Drive Improvement Project. Councilmember Stoltz 268 seconded the motion. 269 270 Motion carried unanimously. 271 272 Resolution No. 04-15 can be found in the City Clerk's office. 273 274 UNFINISHED BUSINESS 275 276 There was none. 277 278 NEW BUSINESS 279 280 There was none. 281 282 COMMUNITY CALENDAR January 27, 2004 THROUGH February 9, 2004: 083 6 COUNCIL MINUTES JANUARY 26, 2004 APPROVED 284 A) Wednesday, January 28, 2004, 6:30 p.m., Environmental Board Meeting .285 B) Wednesday, January 28, 2004, 6:30 p.m., Special Planning & Zoning Board 286 Meeting 287 C) Monday, February 2, 2004, 6:30 p.m., Park Board Meeting 288 D) Wednesday, February 4, 2004, 5:30 p.m., Council Work Session 289 E) Monday, February 9, 2004, 6:30 p.m., City Council Meeting 290 ADJOURN 291 292 Mayor Bergeson wished to recognize Councilmember Dahl's birthday and invite those present for 293 cake following the meeting. He also noted the attendance of new City Administrator Gordon Heitke 294 and invited those present to meet him following the meeting. 295 296 There being no further business, Councilmember Reinert moved to adjourn at 7:27 p.m. 297 Councilmember Carlson seconded the motion. 298 299 Motion carried unanimously. 300 301 These minutes were considered and approved at the regular Council Meeting, February 9, 2004. 002 303 304 �y 305 306 Ann Blair, Clerk Jelhn Bergeson, Mayor 307 308 Transcribed by: 309 Karen Bucklen 310 TimeSaver Off Site Secretarial, Inc. 311 •