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HomeMy WebLinkAbout11/10/2008 Council Minutes (2)APPROVED 1 CITY OF LINO LAKES •2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : November 10, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:50 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBERS PRESENT: City Administrator, Gordon Heitke; Police Captain, Kent 13 Strege; Community Development Director, Mike Grochala; City Engineer, Jim Studenski; City 14 Attorney, Scott Baumgartner; City Clerk, Julie Bartell, 15 16 PUBLIC COMMENT 17 There was no public comment. 18 PLEDGE OF ALLEGIANCE 19 Cub Scouts Nick Ridley and Darren Cortez led the pledge of allegiance. .0 SETTING THE AGENDA 21 The agenda was approved as presented. 22 CONSENT AGENDA 23 Council Member Stoltz moved to approve the Consent Agenda. Council Member Reinert 24 seconded the motion. Motion carried unanimously. 25 26 ITEM ACTION 27 28 1A. Consideration of Expenditures: 29 November 10, 2008 (Check No. 84357 through 84451, $323,096.90; Approved 30 Centennial Fire District (Check No. 3478 through 3487, $54,864.35 Approved 31 32 1B. Approval of October 27, 2008 Council Work Session Minutes Approved 33 34 1C. Approval of October 27, 2008 City Council Meeting Minutes Approved 35 36 1D. Amendment to 2008 Council Meeting Schedule Approved 37 38 1E. Approval of application of Centennial Middle School PTA to conduct 39 excluded bingo event on February 6, 2009 Approved .40 41 1F. Homeless Awareness Month Proclamation Approved -1- 023 COUNCIL MINUTES November 10, 2008 APPROVED 1 G. Approval of October 27, 2008 Comp Plan Review Work Session 44 Minutes 45 46 1H. Approval of October 27, 2008 Liquor Compliance Hearing Minutes Approved 47 48 FINANCE DEPARTMENT REPORT, AL ROLEK 49 There was no report from the Finance Department. 50 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 51 3A. First Reading of Ordinance No. 13-08, establishing the 2009 City Fee Schedule — 52 City Clerk Bartell noted that for efficiency and clarity, city fees are consolidated into one 53 schedule that is adopted annually. The 2009 proposed fee schedule is before the council and it 54 includes several staff recommended changes: 55 56 A lawn sprinkling violation fee related to the city's new time of day watering 57 restrictions; 58 - A fee associated with the city's cost of issuing a driveway replacement permit; 59 Right -of -Way management fees; 60 - A certification fee for assessment of unpaid utility charges; .1 - An increase in park dedication fees; and 62 Trunk utility and surface water management fee increases 63 64 The council requested that staff provide further information on the proposed increase in park 65 dedication fees. 66 67 Council Member Reinert moved to approve the first reading of Ordinance No. 13-08 as 68 presented. Council Member O'Donnell seconded the motion. A roll call vote was taken. 69 Motion carried as follows: Yeas, 5; Nays none. 70 71 3B. Request for audit of Charter Commission from Citizens for Safer Roads — 72 Administrator Heitke explained that on October 27, 2008 the council was presented with a 73 written request from the Citizens for Safer Roads (CSR) for an audit of the Lino Lakes Charter 74 Commission. The CSR group made a presentation at the November 3, 2008 council work 75 session and the council directed staff to place this matter on tonight's agenda. 76 77 Joseph Meyer, 6988 West Shadow Lake Road, submitted and read a list of complaints (on file) 78 against the Charter Commission. 79 80 A council member remarked that, should an audit take place, it must be limited to legal and 81 financial matters. 82 • -2- COUNCIL MINUTES November 10, 2008 APPROVED 043 Council Member O'Donnell moved that the city go forward with the audit request. Council Member Stoltz seconded the motion. 85 86 The council identified four themes brought forward for the audit request: possible conflict of 87 interest; compliance with Open Meeting Law; the application process for the commission; and 88 misappropration of funds. It was suggested that the council should further discuss the scope of 89 the audit. A council member remarked that the audit seems a bit retaliatory, however, it is 90 appropriate since the commission has never before been audited. 91 92 Attorney Baumgartner advised that the themes noted by the council seem an appropriate outline 93 for an audit. He suggested that the council may not want to limit the audit to exclude any thing 94 that is included in the statutory language that guides charter commissions. 95 96 There was no council objection to adding to the motion a direction to the city attorney to seek a 97 recommendation of independent counsel from the League of Minnesota Cities. 98 99 The motion was adopted on a unanimous voice vote. 100 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 101 There was no report from the public safety department. 102 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 033 There was no report from the Public Services Department. 104 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 105 6A. Approval of Resolution No. 08-130, Determining Intent of Zoning Ordinance 106 Relating to Sport Court Regulations — Community Development Director Grochala explained 107 that the city council is to act as a board of appeals in considering the matter of the building 108 permit requested by Mr. Mark Smith, 2120 Otter Lake Road. Mr. Smith is requesting a permit 109 for an addition that will include an exercise area and a recreation area identified by the architect 110 as a "sports court". Staff has determined that, in this case, the city's definition in the zoning 111 regulations of "sport court" doesn't apply because the Smith's proposed addition would be 112 entirely enclosed and the intent of the city's regulations are to regulate free-standing, exterior 113 facilities such as tennis or basketball courts. The council is being asked to hear this matter 114 because property owners adjacent to the Smith property, Paul and Julie Schwartz, 2140 Otter 115 Lake Road, have filed an appeal to the city's determination. Mr. Grochala explained that both 116 sides in the matter should be given an opportunity to address the council. 117 118 Attorney Bill Griffith, representing Mark Smith, suggested that this matter shouldn't involve 119 legal counsel because he agrees with staff's findings. Mr. Smith's project should have been 120 allowed to proceed months ago. As staff has stated, the proposed building project is clearly an 121 addition to the existing home and will appear as such. It is a recreation room, not a sport court. 122 There could in fact be the same type of recreation facility in other homes without the city's even . 23 being aware. It is clear that the city's regulations apply to exterior facilities. Further this can't 24 be deemed an accessory use and still be a part of the home as that is in conflict. Mr. Griffith -3- COUNCIL MINUTES November 10, 2008 APPROVED 065 added that the proposed addition meets all the dimension requirements of the city code. There are currently large spruce trees in place that will very effectively screen that area for the 127 neighbors. He urges the council to approve the resolution presented by staff. Further delay will 128 mean additional costs to Mr. Smith. 129 130 Attorney Chris Johnson, representing the Schwartz's, presented the following points. The 131 proposed structure is over 250 feet in length, 35 feet high, and includes a flat wall with no 132 windows and will be eleven feet from the Schwartz's property line. Staff is recommending 133 following the "spirit" of the code, however, he disagrees that that is appropriate. The spirit of the 134 ordinance would actually favor not granting this building permit. Something like this shouldn't 135 be allowed in a residentially zoned area. He believes that this type of a structure is clearly 136 prohibited by city ordinance since the city has interpreted the same ordinance to include attached 137 garages. This is a property that could be built further from the Schwarz's property line. Mr. 138 Johnson submitted a review of documents relative to the proposed improvements that was 139 written by Engineer Steven W. Thatcher. 140 141 Ms. Julie Schwartz, 2140 Otter Lake Road, addressed the council. She is a former Planning and 142 Zoning Board member who was actually involved in the establishment of the current regulations. 143 She believes the city is not interpreting the regulations appropriately. She implores the city to 144 use a literal interpretation. The proposed building project will cause irreparable damage to her 145 property. 146 7 Attorney Griffith was allowed to rebut. He suggested that a literal interpretation is not possible 48 because the regulations are not that clear. The fact is that if Mr. Smith's architect had not used 149 the term "sports court" but rather termed the project a "recreation room" on the permit 150 application, there would be no question. He reminded the council that the proposed project fully 151 meets the city's set back requirements. The ground work for the project is already done and 152 further delay is not appropriate. He asks that that council look to their staff, past practice and 153 common sense for interpretation in this matter. 154 155 Attorney Johnson rebutted. The proposed improvement is a near 3,000 square foot room — that is 156 not a pool room or a bedroom. The size of the structure does not fit with the rest of the 157 neighborhood. He believes the interpretation is clear that this should not be allowed. 158 159 The council reviewed the amount of distance that would exist between actual structures. They 160 confirmed that if this addition was called a bedroom on the permit application there would be no 161 issue. If the permit was denied, the applicant could submit a new application using another 162 description of the addition however that could still be contested. The council also confirmed that 163 there are no variances involved in the request. They were informed that setback requirements are 164 not related to structure size. 165 166 City Attorney Baumgartner reminded the council that their discussion should be on interpretation 167 of the existing regulations only. 168 AN69 The council reviewed a rendering showing that the closest distance between the two structures 70 would be 35 feet. -4- 2 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 COUNCIL MINUTES November 10, 2008 APPROVED Council Member Reinert moved to approve Resolution No. 08-130 as presented and requested that the city's current regulations in this area be reviewed and their intent clarified by staff for council consideration. Council Member O'Donnell seconded the motion. Motion carried unanimously on a voice vote. 6B. Approval of Resolution No. 08-131, Authorizing Distribution of Comprehensive Plan Update to Adjacent Jurisdictions for Review and Comment — Ciara Schlictling, Bonestroo, consultant to the city on the 2030 Comp Plan Update project, reported on the status of the Comprehensive Plan Update project. The draft plan has been completed and reviewed by the Comprehensive Plan Advisory Panel, Environmental Board, Park Board and Economic Development Advisory Committee. The Planning and Zoning Board held a public hearing on the plan in September and recommended approval with minor modifications. The city council is currently reviewing the plan. State statute requires that local governmental units submit their proposed plans to adjacent governmental units for review and comment at least six months prior to submission of the plan to the Metropolitan Council. The city's extended deadline for submission is May 29, 2009. Staff is recommending that the city's plan be distributed for review with the understanding that the city can still make modifications to the plan prior to submittal to the Metropolitan Council. Council Member Stoltz moved to approve Resolution No. 08-131 as presented. Council Member Gallup seconded the motion. The motion carried on a voice vote. Council Member Reinert voted "no", noting a fundamental difference of opinion on where the city is headed. 194 UNFINISHED BUSINESS 195 There was no unfinished business. 196 NEW BUSINESS 197 There was no new business. 198 ADJOURNMENT 199 Council Member O'Donnell moved to adjourn at 7:50 p.m. Council Member Gallup seconded 200 the motion. Motion carried unanimously. 201 202 203 204 205 206 207 208 209 210 211 (012 Community Calendar- A Look Ahead November 11, 2008 through November 24, 2008 Tuesday, November 11 4. Wednesday, November 12 Monday, November 17 Wednesday, November 19 Monday, November 24 Monday, November 24 Veteran's Day 6:30 pm, Council Chambers 6:00 pm, Community Room 6:30 pm, Council Chambers 5:30 pm, Council Workroom 6:30 pm, Council Chambers City Hall Closed Planning & Zoning Comp PIan Review Environmental Board Council Work Session Council Meeting -5- COUNCIL MINUTES APPROVED November 10, 2008 1143 These minutes were considered and approved at the regular City Council Meeting on November 215 24, 2008. 216 217 218 219 220 221 • Julianne Ba ell, City Cle, -6-