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HomeMy WebLinkAbout1980-056N Council OrdinancesORDINANCE NO../ 56N CITY OF LINO 'LAKEs) COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 6 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO LIGHT INDUSTRIAL (LI). The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. Ordinance No. 6, of the City of Lino Lakes, Anoka County, Minnesota, passed by the then Village Council on July 18, 1955, is hereby amended by rezoning from Agricultural to Light Industrial (LI), pursuant to the provisions of Ordinance No. 56, of the City of Lino Lakes, the following described real estate: The East 300 feet of the South 300 feet of the North 333 feet and the South 300 feet of the North 333 feet lying West of the East 366 feet and lying East of the West 33 feet of the Northwest Quarter of the Northwest Quarter, Section 17, Township 31, Range 22, Anoka County, Minnesota. II. Save as above amended, said Ordinance No. 6 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council this 23rd day of June, 1980. F. Kenneth Gourley, Mayor ATTEST: Edna L. Sarner, Clerk -Treasurer (CITY SEAL) /11 Ke1O» 3 c c Council meeting June 23, 1980 Page Four Mr. Meadows was first on the report and he had not arrived as yet. Mayor Gourley suggested that Item #12. This is consideration of an Ordinance regulating the issuance of licenses and setting penalties. Mayor Gourley asked the Clerk to ,.,..read the Ordiance. Sec. 4, Sub. 3; Annual license fee - Mr. Jaworski said if fee is set, then ordinance must be changed each time fee is adjusted. Mr. Locher agreed. Mayor Gourley presented some figures he had compiled. There should be two fees - one who has an annual license and one for occasional bingo Mayor GourleysuggestedIfee s►� Ma y this sentence should read ' theishall be as set from time to time by Resolution by Council'. Mr. Locher suggested sub 2, sec.l. change 'a' to 'any' There were several type errors that were corrected, but Mr. Locher agreed with the contents of the Ordinance. Mrs. Elsenpeter asked why it is necessary to pass this Ordinance and Mayor Gourley said it is necessary to comply with State Statutes. Mayor Gourely also pointed out the exceptions to this ordinance. Mr. Locher pointed out that it is not necessary to hold a public hearing on this ordinance. Mr. Hansen questioned the need to keep records and Mayor Gourley said that section is almost work for work from the State Statute. Mr. Hansen was concerned for the Parent's Club. Mayor Gourley checked and found no waiver for this. Mrs. Elsenpeter questioned the right of this Council to make this Ordinance less restrictive in the area of keeping records for the small operations. Mr. Locher went to get the State Statute on this matter and will do some research. 'In the meantime, Mayor Gourley called the Public Hearing for the Lino Industrial IPark to order at 9:55 P.M. Mr. Schumacher noted the actions taken to this date. The Plan'Jing and Zoning. Board had recommended approval of this rezoning. Mayor Gourley asked for comments from the Council. Mr. Jaworski asked what to keep the developer from developing stages 1 and 2 and leaving 3? The Council felt there is no way this can be controlled - even if the entire parcel is re- zoned at this time. It was felt the market would dictate the development of this area. Mayor Gourley asked if the set back lines are noted and they are, Mayor Gourleu asked if this is 100' from center line of the street? The set back lines are noted on the plat but it was not clear if this was the required 100'. I "T was no comment from the audience on this rezoning. There Mrs. Elsenpeter moved to approve the rezoning of the eight lots facing Lilac in the Lino Industrial Park from Agricultural to Light Industrial, with the set back line on these lots to be 100' from the Center of the street. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Jaworski moved to close the hearing at 10:10 P.M. Seconded by Mr. Xli%MMIMMIN Kulaszewicz. Motion carried unanimcuzsZ�. Mr. Locher reported on the State Stutue on the Bingo Ordinance. In his opinion LAKES OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING ON REZONING TAKE NOTICE, that a public hearing shall be held before the Lino Lakes City Council, in the City Hall, in Lino Lakes, on June 23, 1980, at 9:00 p.m. on the application of James Schilling to rezone from Agricultural/Resi- dential to Light Industrial to following described real estate, situated in the City of Lino Lakes, in Anoka County, Minnesota, to - wit: The North 333 feet of the West Half of the Northwest Quar- ter, Section 17, Township 31 North, Range 22 West, Anoka County, Minnesota. Subject to Lilac Street along the North line and Subject to 4th Avenue on the West Line. Subject to and together with any other valid easements, re- strictions, and reservations. At said hearing proponents for and opponents of said platting shall be heard. Edna L. Sarner Clerk -Treasurer City of Lino Lakes Circulating Pines June 12, '80 AFFIDAVIT OF PUBLICATION Mate of : innegota, County of ANOKA SS. Albert J. r i g g in , being duly sworn, on oath says he is and during all the times herein stated has been the publisher and printer of the newspaper known as CIRCULATING PINES and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Lino Lakes, in the County of Anoka , and it has its known office of issue in the City of Circle Pines in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by its -publisher and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ' of ice of public hear- ing om rezoning: application of James Schilling, hereto attached as part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one (1) succccsivc weeks; that it was first so published on t hur s day - the twelfth (1 2) day of June, 1980 49 was t_ nd e1udir fhe day —of , 49-- and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdef ghijklmnopgrstuvwxyz n Subscribed and sworn to before me this __A.t`____ (Notarial Seal) z 19 ublic, V• S. PETERSEN Co NOTARY PUBLIC—MINNEB!!n ission Efis!iW COUNTY 19 MY COMMISSION'ERPIRES-2;18-i9U3 ty, ota CITY OF LINO LAKES APPLICATION FOR VARIANCE °0 Variance or FEE$ Pio Rezoning e�?/j3, g0 REZONING P NAMES (S) OF OWNER,���: , _ �__•__,; -PHONE '1 - • -�%, O� ADDRESS., i k.AILJLL �' Y1n t.,n.K. slrL) St s LEGAL DESCRIPTION OF PARCELS (S) FOR WHICH APPLICATION IS MADE a �Thdes to SIZE OF PARCELS (S) ACRES: FRONT FOOTAGE BY DEPTH REASON FOR APPLICATION At aelet(o ,,,11,a Ji . cq/ DATEUIr(\4 a 1910 This application must be signed by the current owner (s) of the land. DO NOT WRITE BELOW THIS LINE PLANNING & ZONING ACTION CITY COUNCIL ACTION STIPULATIONS FOR APPROVAL IF ANY P&Z Agenda .6_?/_5 0 REASONS FOR REJECTION, IF APPLICABLE Council Agenda May 27, 1980 Page__1_gh_t The next item to be considered was to set a public hearing for the rezoning of Lino Industrial Park. Planning and Zoning had recommended approval of this rezoning of Lots 1 through 6, Block 1, and Lots 1 & 2, Block 2. Mrs. Elsenpeter Moved to set a Public Hearing for the rezoning of the above listed lots in Lino Industrial Park for June 23, 1980 at 9:00 P.M. Seconded by Mr. McLean. Motion \scarried unanimously. The special use permit for Mr. Marcel LeRoux was considered. Mr. Schumacher gate a brief history of the mining operations that have ensued over the past year or so. The Planning and Zoning Commission recommended that Mr. LeRoux present proof of proper frontage, a Letter of Credit to restore the Street, 411, 787.50), prepare plans for finished grades and existing grades. and plans for there§.toration of the property. Also, there must be back payment for the material removed to date. This application had been denied at the last Planning and Zoning Commission. Mr. LeF.Dux•has presented the Letter of Credit and has lined up an Engineering firm to do the surveying and to do the topography of the land. Mr. Gotwald had felt this would be a conflict of interest for him to set the elevations and then inspect them. Mayor Gourley disagreeded. The area that is being worked at the present time must be defined. If this is done, Mr. LeRoux will be permitted to operate in that area only until the topogs are completed. Mr. McLean felt that there would be an enviornmental impact on the lands to the South. He felt that any elevations established should be aware of this. There was also discussion of this being a commercial operation in a residential area. L fayor Gourley felt this land was being prepared for development and in this light, some operation for the removal of the excess soil would fall under the special use permit provisions. Mr.Jaworski moved to table this until all information is available. Seconded by Mr. McLean. Motion carried unanimously. Put this on the 6/9/80 agenda. The preliminary plat of Lakes Add. #6 was considered. This is platting a portion of the outlots in Lakes Add. #2 as single family lots. There had been a question of a drainage easement on the rear of some of the lots - this has been removed. The Planning and Zoning Board has recommended approval of this and to set a public hearing. Mr. McLean moved to approve the preliminary plat and to set a public hearing for June 16, 1980 at.9:00 P.M. Seconded by Mr. Jaworski. Motion carried unanimofisl y . The preliminary plat of Lakes Add. #7 was'considered next. This is for North NOrtheast Realty to plat the outlots in Lakes Add. #2 into quads. Mr. Schumacher presented the actions of the Planning and Zoning Board's action on this matter. They had asked for some direction from this Council as to existence of the Special Use permt. Is is valid? or is it void? Mr. Jaworski asked what would make this permit not valid? Mr. Schumacher pre- sented the requirements of Ordinance #56 as to the procedures concerning the issuance and revoking of special use permits. Mayor Gourley pointed out that no Council has ever h6.ld a public hearing to revoke any special use• permits. M<,q 22, 1980 Planning and Zoning Page Four The application of James. Schilling of 21921 Harold Ave,. Forest Lake to rezone / Lots 1 through 6, Block 1 and Lots 1 & 2, Block 2 to LI. located in the Lino Industrial Park. The Planning and Zoning Board reviewed the letter from the State in regards to Highway #49 and consulted the zoning ordinance to insure that the lots met all zoning requirements. After some discussion, the Planning and Zoning had recommended approval of the request. The special use permit application of Mr. Forest Tagg of 7504 Lake Drive for a building permit to construct a storage building at that location. He has two signature of adjoining property owners. Some questions were asked by P&Z members - Mr. Tagg had no back up information dealing with site plans and building specifications. The P1an,ning and Zoning Board had tabled this request and Mr. Tagg present the information as outlined in Ord. 56, 5.03 and that Mr. Tagg present this information at the next Planning and Zoning Board meeting. Mr. Marcel LeRoux's application for a special use permit was considered. Mr. LeRoux had requested a special use permit for the removal of topsoil in the area of 64th Street and Otter Lake Road. He must obtain a letter of credit in the amount of $11,887.00 for the restoration of 64th Street. Mr. LeRoux must also present a plan showing existing grades, fininshed grades with a statement on the restoration of the lands. There was also some discuss- ion of the existing metal building in reference to a commercial use in a residential area. Mr. Schumacher asked that the Planning and Zoning tak some action of this request since Mr. LeRoux has beed delaying on the above requests and has been continuing hsi operations. Mr. Heath moved to deny this special use request. Seconded by Mr. Johnson. There was some discussion on how to close this operation with the members deciding this was a Council decision. Motion carried unanimously. Mr. Jerry Blackbird presented the Lakes Add. #6 plat of El Rehbein & Son for consideration. This is six lots that border Lantern Lane. There had been a question of a drainage easement along the rear of these lots bu that had been removed. The lots comply to all Ordinance requirements. Mr. Heath moved to recommend approval of this plat to the Council. Seconded by Mr. Bathke. Motion carried unanimously. Mr. Jerry Blackbird presented a preliminary plat for Lakes Add. #7. This is for Outlots G & K for the construction of Quads. Due to a low area, Outlot J is not suitable for the construction of Townhouses. Mr. Larry Johnson asked what the' proposed in the Comprehensivs Plan - Mr. Schumacher said Urban Res./ Rl. The existing special use permit was discussed. It was felt that the provision for revoking this special use permit had not been done, and although, construct- ion had not begun within the time span of three years, the special use permit was still valid. There was discussion on this point - the porposed zoning of R4 & R5. Mr. Blackbird explained this is a preliminary - they are asking for direction. Mr. Reinert felt the density had been changed - Mr. Blackbird said, No it's 5.18 per acre. The selling price of the units was discussed - the designation on the land use map, and other points that are concerned with this plat. BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55808 TEL: (612) 421-5151 EDMUND P. BABCOCK LANDOL J. LOCHER JAM,ES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN ROBERT F. MANNELLA WILLIAM D. SCHUTTER RICHARD W. JOHNSON GARY T. LAFLEUR CHARLES H. STANDFUSS September 15, 1980 NORTHTOWN OFFICE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE, MN. 55484 TEL., (612) 786-0250 Edna L. Sarner, City Clerk -Treasurer City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 I enclose, herewith, the original of Ordinance No. 56N. (1 l 1-v+d..rr.-tat The ordinance should be typed and signed by yourself and the Mayor and the City Seal affixed. I have ordered publication in the Forest Lake Times. They will send you two Affidavits of Publication and the bill for publishing. Please insert one of the Affidavits in the ordinance book with the ordinance. Yours very truly, Land• J. Locher do Enclosure