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
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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
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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.
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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
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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
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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
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