HomeMy WebLinkAbout11/10/2008 Council Minutes (2)APPROVED
1 CITY OF LINO LAKES
•2 MINUTES
3 REGULAR COUNCIL MEETING
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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
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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,
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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
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32 1B. Approval of October 27, 2008 Council Work Session Minutes Approved
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34 1C. Approval of October 27, 2008 City Council Meeting Minutes Approved
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36 1D. Amendment to 2008 Council Meeting Schedule Approved
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38 1E. Approval of application of Centennial Middle School PTA to conduct
39 excluded bingo event on February 6, 2009 Approved
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41 1F. Homeless Awareness Month Proclamation Approved
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COUNCIL MINUTES November 10, 2008
APPROVED
1 G. Approval of October 27, 2008 Comp Plan Review Work Session
44 Minutes
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46 1H. Approval of October 27, 2008 Liquor Compliance Hearing Minutes Approved
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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:
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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
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64 The council requested that staff provide further information on the proposed increase in park
65 dedication fees.
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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.
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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.
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77 Joseph Meyer, 6988 West Shadow Lake Road, submitted and read a list of complaints (on file)
78 against the Charter Commission.
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80 A council member remarked that, should an audit take place, it must be limited to legal and
81 financial matters.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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COUNCIL MINUTES
APPROVED
November 10, 2008
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These minutes were considered and approved at the regular City Council Meeting on November
215 24, 2008.
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Julianne Ba ell, City Cle,
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