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HomeMy WebLinkAbout07-14-1994 Charter Packet i t AGENDA LINO LAKES CHARTER COMMISSION July 14, 1994 7:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of May 26, 1994 3. Reports of the Chairman: - Introduction of New Members: Dana Berg Bart Rehbein 4. Economic Development Authority Advisory Board (EDAAB) Report, Brian Wessel 5. Consideration of Amending Charter to Address Rezoning No Charter Amendment is Pending Council at League of Minnesota Cities has recommended this is not an issue for the Charter Commission to address (Letter sent separately) . After much discussion last meeting with concerned residents, we tabled this topic to the July 14, 1994 meeting where we would have written documentation from the League of Cities. 6. Consideration of Items from Randy Schumacher's (City Administrator) Recommended Topics List (attached) : * Chapter 8.04; wanting period only changed from 60 days to 30 days. - Briefly discussed at last meeting, then tabled until Randy could address * Chapter 8.04; feasibility study costs, amend Charter to provide for if improvements are petitioned against * Section 4.05, Subd. 2; special election notice timing issues to allow Charter to be consistent with itself and State Law 7. Collection of Topics for Future Charter Commission Discussion/Action. - Topics to be collected at this meeting, not discussed. Officers will then collate and organize these for discussion at future meetings. 8. New Business 9. Adjourn MINUTES CHARTER COMMISSION OF LINO LAKES, MN MAY 26, 1994 LINO LAKES CITY HALL 1. Call to order The meeting was called to order at 7:00 p.m. by Acting Chair Ron Solfest Roll call: Present were Mark Benson, William Bohjanen, Steven Bruns, Robert Doocy, William Houle, Raymond Johnson, Jennifer Karmann, Richard Lafond, Joyce Scharpen, Ronald Solfest and Robert Williams 2. Adopt minutes The minutes of the December 2, 1993, meeting were approved as presented. 3. Reports of the Chair Resignations from the Charter Commission were received from Patrick Smith and Sally Kuether. Notices have been printed in the official newspaper for new members. Minutes from the City Council and Advisory Boards have been received by members. 4 Election of Chair Ronald Solfest was elected unanimously by the Charter Commission to be the new Charter Chair. Richard LaFond was elected unanimously as Vice-Chair. 5. Consideration of Recommending a Charter Commission Member to the EDAAB The issue was revisited from the December meeting. Motion was made and approved to not recommend a member on the EDAAB. Vote was 10-0 with one abstention. 6. Consideration of Amending Charter to Address Rezoning This issue was revisited from the December meeting. Chair Solfest reported on his conversations with the League of Minnesota Cities. Since we aren't a legislative body the Charter Commission is not the correct body to handle this issue. Zoning and rezoning issues are issues for the City Council. After much discussion both within the Commission and with residents, a motion was approved to table until written notice from the League of MN. Cities is received. Also a request was made that an attorney from the League be present at our next meeting. Vote was 10-1. Chair Solfest will issue the invitation. 7. Consideration of Amending the City Charter, Chapter 8.04, waiting period only from 60 to 30 days Motion was made to table this item until our next meeting and to invite the City Administrator to attend and address this and other issues. Vote was 6-5. 8. New business Chair requested we write down issues to discuss, the need for a mission statement, etc. and bring these issues to the next meeting. 9. Next meeting is Thursday, July 14, 7:00 p.m. City Hall - Adjourned Respectfully submitted, Robert Doocy, Secretaryd is J C I T Y O F INO LAW FAX TRANSMISSION TO Bill Hawkins, City Attorney FAX NO. 784-2305 FROM Marilyn Anderson, City Clerk PHONE NO. 464-5562 FAX NO. 464-4568 NO. OF PAGES 2 including cover page MESSAGE: Mr. Solfest, Charter Commission Chairman has requested that you review Mr. Peskar's letter and provide written comments to the Charter Commission. The Charter Commission will be meeting Thursday, July 14, 1994. If you have questions regarding what comments they are expecting, you should contact Mr. Solfest directly at 582-5182. You can fax your comments to me and I will make copies available for the Charter Commission. Thank you for your attention to this matter. 1189 MAIN STREET, LINO LAKES,MINNE50TA 55014 612-464-5562 1 2 — 9 4 T U E IS : 5 0 P 2 LAW 0mmaas OF William G. Hawkins and Associates Legal Anivanis surre tot WiLLIAM G. HAWKINS M,ARY K. KOZLAX 2W CwN)Etnms BLvb. BARRY A. SULLIVAN RiTA,Al. DANINCER Cow Rum,Mt wrA 55433 PHONE(612)784-2998 July 12, 1994 Ron Solfest, Chairman Lino Lakes Charter Commission 1189 Main Street Lino Lakes, MN 55014 Dear Mr. Solfest: I have had an opportunity to review Mr. Stan Peskar's letter from the League of Minnesota Cities concerning the question of requiring a unanimous vote on zoning changes. I have reviewed the decisions that Mr. Peskar cited in his letter. It would be my opinion that the cases kited by Mr. P'eskar would uphold the position that such a charter amendment would be considered illegal. It appears from reading these decisions and the statute that the Minnesota legislature may well have pre- empted any local deviation from the state statute. I therefore would not recommend that the City Charter Commission adopt such a regulation and that it continue to rely on the provisions found in the state statute which require a two-thirds vote of the council for any zoning change. If you have any further questions, please contact me. Sincerely, William G. Hawkins Lino Lakes City Attorney WGH:mk JUL- 8-94 FRI 13:18 CPI ENG FAX NO. 6125822830 P.02 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8944 May 27, 1994 Ron Solfest 162 Egret Lane Lino Lakes, MN 55014 Dear Mr. Solfest: This letter is in response to your inquiry regarding the adoption of a city charter provision which wouild allcw the property owners surrounding a lot which is the subject of a zoning change to petition the city council. The petition would then impose an unanimous vote requirement on the council for the zoning change. Such a charter provision would create at least two potential problems. First, the city council, when it makes a zoning decision, must have a rational basis. White Bear Docking v. City of White Bear Lake, 324 N.W.2d 174 (Minn. 1982) . The courts have held that community _opposition to a zoning decision is not a rational basis -for a zoning decision. Scott County Lumber v. City of Shakopee, 417 N.W.2d 721 , 728 (Minn. App. 1988) . The danger is that by allowing the surrounding landowners to have the ability to require a unanimous vote, a zoning decision which would have been enancted with the requisite vote under Minn. Stat. §462.357, Subd. 2 is not based on a rational basis, but based on community opposition, which would cause the decision to be overtuzned by a court. This is the only possible result, but such a provision would probably create an uneccessary risk of litigation. Second, since Minn. Stat. §462.357, Subd. 2 already requires a 2/3rds vote of the council for a zoning change] there is the potential argument that the charter provision conflicts with the statute or is preempted by it. Sec generally NSP v. Ci:. of Granite Falls, 463 1v.W.2d 54le (Minn. App. 1990) . The resolution of this issue is unclear, bu it again raises the possibility of litigation. Although litigation can be an Issue with any charter provision, sometimes the utility of a provision is outweighed by the potential. risks. I hope this information is helpful. Please contact me should you need any additional information. In accordance with League policy, when a issue has possible legal ramifications, a copy of this letter is being sent to your city attorney. Si 3ra�� Stan Pes General Counsel AN EQUAL OPPORTUNM/AFFIRMATIVE AMON EMPLOYER (612)490MO 1-800-925-1122pluspaurcityca& TDD(612)4949039 Fax(612)490-W72 ADDITIONAL TOPICS FOR CM RTER COJOUSSIDN RRVIEW IN 1994 1. Section 8.04 - "A period of 60 days shall lapse after the public hearing before any further action shall be taken by the City Council on the proposed improvement". This is a long period of time and stops a project completely during that time. A 30 day waiting period would allow sufficient time for any petitions against an improvement. 2. section 8.04 - "All improvements to be paid for by special assessments against the benefitted property shall be instituted by either, (1) a petition of at least twenty-five percent (25%) in number of the benefitted property owners. . . . . . . .IN. The Charter does not provide for a fee for the cost of obtaining a project cost estimate (feasibility study) . Sometimes the fee for the cost estimate can be as much as twenty-five hundred dollars ($2,500.00) . When the costs are known and the public hearing is conducted, the landowners can Petition against the project. If they petition against the improvement, there are no assessments or any other funds to Pay for the feasibility study. The Charter says such costs cannot come from the General' Fund. The suggestion is to amend the City Charter to include a certain fee for a feasibility study. ' 3. Section 4.05, Subd. 2 This subdivision requires that the Clerk-Treasurer give 60 days published notice prior to a special election. Subd. 1 requires that the .election be held within 90 days. This allows less than 30 days for absentee balloting. Also state statutes require that there be eight (8) weeks between the last day for filing affidavits of candidacy for office and the actual election day. This requirement cannot be met if current Charter requirements are enforced. A proposal for Charter amendment could be as follows: I. once a vacancy occurs, the special election shall be set 100 days from the date of vacancy. 2. The City Clerk--Treasurer shall give immediate notice of the special election. 3. The Clerk-Treasurer shall give published notice that candidate affidavits shall be accepted no earlier than 70 days and no later than 56 days before the election. (Per state statute) This allows for a 30 day notice of special election. V 4. The Clerk-Treasurer shall publish the notice of special election and a sample ballots twice in the legal newspaper with the last notice no earlier than two (2) weeks prior to the special election. (State statute requires that two (2) weeks' published notice, and also ten days' posted notice of the election be given.) Other suggestions to meet the required absentee balloting period would he acceptable. 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Houle 11/91 8/95 1 8301 - 24th Avenue Lino Lakes, Mn. 55038 429-2086 Raymond H. Johnson 11/91 8/95 1 7971 Nancy Drive Lino Lakes, Mn. 55014 784-9578 Jennifer Karmann 9/93 8/97 1 612 River Birch Place Lino Lakes, Mn. 55014 482-1909 Dana Berg 6/94 8/95 1 1517 Broken Oak Court Lino Lakes, Mn. 55038 T . LINO LAKES CHARTER COMMISSION Membership List Page -2- Richard J. Lafond 9/93 8/97 1 653 Ironwood Circle Lino Lakes, Mn. 55014 490-9250 Ina M. Liljedahl 11/91 8/95 1 726 Vicky Lane Lino Lakes, Mn. 55014 784-7140 Judith Michaud 9/93 8/97 1 6347 Deerwood Lane Lino Lakes, Mn. 55014 484-2515 Joyce Scharpen 11/91 8/95 1 801 Main Street Lino Lakes, Mn. 55014 786-1603 Bart Rehbein 6/94 8/95 1 7547 Patti Drive Lino Lakes, Mn. 55014 780-5043 Ronald W. Solfest 9/93 8/97 1 162 Egret Lane Lino Lakes, Mn. 55014 785-1823 Robert J. Williams 11/91 8/95 1 914 Lois Lane Lino Lakes, Mn. 55014 780-8011 QCHconun -e PLANNING&ZONING BOARD J-UW 8, Im CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES .......... 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MEMBERS...ABSENT ..::;.:..>:::.>::>.::>::>:;...... .....>::>::>:..:..;::;:.::::<:>;>:::;.:.. ..::. . ..:: ::::::. 3.LS0 PRESENT: :<>>:€< 3aJpuilg Consultant Brius .....Cat : . neer:::: ::...:..::.::..:..::::::.::::..:...:.......:.::.....:..:............::_,_:.,.:::.::::.:::::.:::::.:.:.............:.:.......:...::............. ...........g...................... :.::::.:::::.:.:::..:::::$ChIIe� er. .....Plannin .... .o.oratcr.::A,;:laud::;::<> :::::..;:: .....................................................:......................:......:.......:... I. CALL TO ORDER AND ROLL CALL: II. APPROVAL OF MINUTES: May 11, 1994 - Al Robinson moved approval of the minutes as submitted and was supported by John Landers. All voted aye. Motion carried. May 18, 1994 - Al Robinson moved approval of the minutes as submitted and was supported by Rick Gelbmann. All voted aye. Motion carried. III. APPROVAL OF AGENDA: The Agenda was approved as presented. IV. OPEN MIRE: No one was present to speak under Open Mike. V.- ACTION ITEMS: 94-15-V, Niel Banta, 7829 Nottingham Lane, Variance Planning Coordinator Wyland reviewed this request which is to allow the construction of a 384 square foot addition to the existing 528 square foot garage. Mr. Banta also has an 800 square foot storage building on his property. The property is Zoned Rural, contains 1.09 acres, and is allowed a total of 1100 square feet of garage area. Property consisting of 1.25 acres or more would be allowed an 1100 square foot garage and an 800 square foot storage building. The variance in this case is for 712 square feet of garage area. The Staff report indicated that variance requests are generally discouraged unless there is an obvious hardship. There does not appear to be one in this case. However, Mr. Banta was insistent. There is some concern that should this request be granted, the door would be opened for future, similar requests. 1 PLANNING&ZONING BOARD June 8,1994 Mr. Banta was present and stated that his closest neighbor has no objections to the request. He added that he could purchase an additional 20' or so from the neighbor and then have the additional square footage necessary to allow the proposed construction. However, his lot is large now, the storage building is screened by tall evergreen trees, and he would prefer the variance request. When the storage building was construction, in about 1983, it was a permitted use. (NOTE: the Accessory Building Ordinance prior to 1990 allowed an 800 square foot storage building on property from 1 to 2 1/2 acres in size in addition to an attached or detached garage) . Kathy Nordine asked what the existing storage building was used for. Mr. Banta explained that he has a boat and motor home stored in the building. She also asked if he would be willing to remove that building to comply with the square footage requirements - he was not and added that you can not see the storage building from the street. Mr. Schones stated that Mr. Banta is to be commended for having such a well maintained property. However, he expressed concern at setting a precedent by granting this variance - we need to follow the rules we have established for the overall good of the community. There was some discussion concerning how this variance could be granted without setting a precedent. Planning Consultant Brixius indicated that if specific findings of fact are found that would be unique to this site it may be possible. Kathy Nordine suggested looking at the characteristics of the neighborhood - large lots, some over 1.25 acres which would allow the additional storage building, the fact that this is going from a two car garage to a three and three car garages are becoming more the norm. Chairman Schaps suggested that the P & Z take time to consider the request and what options are available and is it possible to approve without setting a precedent. After some discussion, Al Robinson made a motion recommending that Mr. Banta return to the July meeting to allow the P & Z time to consider his request. John Landers seconded the motion. All voted aye. Motion carried. B. 94-11-P, Trappers Crossing, Preliminary Plat/PD This item was continued from the May 11, 1994 P & Z Meeting. The Public Hearing was closed at the May meeting. Chairman Schaps asked if there were any additional comments from Staff. There were none. Mr. Corsan, representing Hokanson Development, stated that he was confused about the status of the PDO. He stated that the 2 PIANNINO&ZONWO BOARD Ju=8,1994 PDO tool had been used in the platting of Quail Ridge, Park Grove, and Pine Ridge. This particular plat has only four (4) lots which do not meet the R-1X area requirements. The lot width requirements are adhered to on 95% of the lots. The flexibility that is being requested is on the interior of the plat - the exterior lots all meet or far exceed the requirements of the R-1X District. If the plat is redrawn to conform to the R-1X standards, there would need to be additional street area and the exterior lots would become smaller. Mr. Corsan stated that the plan presented would look the best and adhering to the R-1X requirements would not improve the looks of the development. (He did not have a drawing of an arrangement that would meet the R-1X requirements as requested by the P & Z) The economics of the plat are indicating that the costs will exceed $38,000 per lot therefore requiring open field lots demanding a price of $50,000. The Quail Ridge Plat has lots ranging from $32,900 - 49,900 with amenities like open space and wooded lots. Al Robinson stated that when the Plat for Quail Ridge was approved there were certain requirements regarding erosion control. These requirements have not been met. Kirk Corson explained that they have cleaned the street twice and used 100 lbs. of seed and hay bales for the drainage swales. The homes in the plat were constructed in the winter and road restrictions just went off May llth. Homeowners are putting in their driveways, landscaping and should be sodding within the next few weeks. Mr. Robinson indicated that Hokansons track record was not good and the plat looks like heck. The P & Z's intention was that the plat look good and there be no erosion into the wetlands or storm sewer system or onto the streets. These are the reasons I have problems with this PDO request. Planning Consultant Brixius advised the P & Z that the PDO Classification has nothing to do with the-erosion problems in Quail Ridge. Chairman Schaps stated that he believes Hokanson is shaded by the numbers - he had wanted to see what the plat would look like as R-1X. What we asked be done has not been done! John Landers asked how many lots they would lose. Mr. • Corsan indicated about four which would increase the costs to over $40,000/lot. Chris Lyden asked if the residents would have an opportunity to speak to the 47 lots that do not meet the requirements of R-1X Zoning. Chairman Schaps stated that the Public Hearing had been closed at the last meeting. Al Robinson then made a MOTION to deny the preliminary plat and PDO as presented. John Landers seconded the motion. All voted aye. Motion carried. 3 PLANNING&ZONING BOARD Lune 8,1994 VI. DISCUSSION ITEMS: A. MUSA AMENDMENT: Al Brixius advised the P & Z that staff would be meeting next week with the Metro Council to discuss a MUSA Amendment. We may be seeking an arrangement similar to Lakeville's where the MUSA Areas is held in a banking type arrangement. This Amendment will set framework for an updating of the Comprehensive Plan as outlined in the report dated June 2, 1994. Ed Schones stated that the report presented was a top notch piece of work. Mr. Robinson stated that Lino Lakes is unique in several aspects - large park areas cutting through center of the community, extensive wetlands, City Charter constraints. Mr. Landers asked if this item was open to public discussion. Chairman Schaps stated - not at this time. Mr. Landers added that there is a group of citizens,_ himself included,- who would like to see a new Citizen Survey done to see what direction the citizens want the City to go. Al Brixius stated that a full comprehensive plan revision will address many issues, including sewer, water, transportation, zoning. The Council has directed staff to pursue these discussions with the Metro Council. Diana Turner of 7404 Sunset was present and stated that she is interested in what is going on for the future of Lino Lakes. She is interested in volunteering to help in the process and thinks a Citizen Survey would be a good idea. Chairman Schaps suggested she make this request to the Council as the P & Z is only an advisory body. Al Robinson asked what are the chances of getting a banking type system approved by the Metro Council. Mr. Brixius indicated that he would know more after next week. VI. ADJOURNMENT: Upon the- unanimous consent of the Board the meeting was adjourned at 8: 10 P.M. 4 Planing&Zoning Board May 11, 1994 CITY OF LINO LAKES PLANNING & ZONING BOARD MEWM .............. .. ><::>::»»»:: ..:19:9..........................................::::.......:::.::.:::::::::::::::::::::::::::::::::::::::::::::. :._. ..: .. .....TIML.......TART:::.:.::;:.:::_:.:....::::::. ..::.;..:::.:::::<.:;::..:::.::..:.:.... <.;:;:,..::.:::::.....:..... ...............:.. :. .:::::...:.:.....:.::.::......::.;:.>:.;:;:::...::::...:.;:.:..:; .:::::.. ....:::::.. ::>;. ;; :IME;;>:: ED::>;»:.;:;;;:;.:..:::...::::.9...:3.5:>P:..M. :<: ;::>:«:;::;::<;:<::::::>::>:;>;:»»>::>::><:<:>:=»>:< :.>:>:<:;::::: :>;;.;:.;:.;:.::.;:: :<:;:;<=:::::::;:;:::;:;:;;: » T............END.......::::::::::::::::.............................................:.::,.........:_ ::...................::::::.......:.::::.:::::::::...::::::::: :::::::::::::,:._ MEMERBRESENT::;::Glbman Ldrs Mch Itord.zri� >: >:' :: ; .::..........:::.::::..: :> >>:»>> > >`»:<_ : > bns. n. Scha:.`s> ... hoYr$s............................. :......_:.:::.::::. .... :,.:.::::::::::... .........::::.............................:.:::. :::.:::::................ :.:::::.:::..... ..... :.;;:.;:.;:.;:.::.;:.;;;::::::._:::. P.:...... .:.:::..::.. E S : :::::»:.;::::;::::;»;.;<:;:<:>:::<;. I. APPROVAL OF MINUTES: Ed Schones made a motion and was supported by Rick Gelbmann to approve the minutes of the April 13, 1994 meeting as submitted. All voted aye. Motion carried. At the request of a property owner, the following items were added to the minutes relating to the Trapper's Crossing Public Hearing of April 13, 1994: Three petitions were presented by the adjoining property owners as follows: 1. Petition to Inform Property Owners (36 properties represented) , 2. Petition to Re-Open Holly Drive East and West (21 properties represented) , 3 . Petition on future Holly Drive West and 12th Avenue Improvements (21 properties represented) . II. APPROVAL OF AGENDA: The agenda was approved as presented. III. OPEN MIKE: Amy Donlin, 6100 Centerville Road, was present to express her concern regarding future growth in Lino Lakes. She suggested some guidelines for making zoning changes that could be more sensitive to neighborhood concern and encouraged the P & Z to consider her recommendations. A copy of her statement is on file. IV. ACTION ITEMS: A. 94-12-P, Steve Andre, 495 & 545 Ash Street (Co. Rd. J. ) Planning Coordinator Wyland reviewed this request which is the result of a property line dispute that has been resolved through Anoka County Mediation. Ms. Wyland explained that Mr. 1 Planning&Zonmg Board May 11,im Andre will be trading a portion of the south/east corner of his property for a portion of the north/west corner of the Gubash property. This arrangement will eliminate the encroachment of a storage building and driveway on Mr. Andre's property. After some discussion Ed Schones moved and was supported by Al Robinson to approve the lot reconfiguration as presented. All voted aye. Motion carried. B. 94-13-P, Al Matheson, 7140 Sunset, Subdivision Planning Coordinator Wyland advised the P & Z that Mr. Matheson was in the process of selling a vacant lot adjoining his property when it was determined that a portion of his two existing out buildings were over the property line. To correct this situation and facilitate the sale of the vacant lot, Mr. Matheson is requesting a minor subdivision that would take approximately 24.5 feet from Parcel A and add it to Parcel B. Both lots would still be well within the requirements of the Zoning Code for an R-1 District and utilities are available to serve both lots (from Blaine) . Al Robinson made a motion recommending approval and was supported by John Landers. All voted aye. Motion carried. C. 94-11-P, Trappers Crossing, Continuation of Public Hearing for Preliminary Plat Planning Consultant Brixius stated that the developer has responded to staff and P & Z concern by redesigning the proposal to provide 124 building sites. The overall density for the development is 1.7 units per acre. Mr. Brixius indicated that the proposed layout responds to the site's configuration and physical constraints in a positive manner. There are 14.1 acres of wetland on the property and permits have been obtained from the RCWD. Staff would recommend approval of the preliminary plat subject to the conditions outlined on page 2 of the Planner's report dated May 4, 1994. Rick Gelbmann asked how flexible they could be in considering a PDO. Mr. Brixius stated that the purpose of the PDO was to provide flexibility, therefore, it is up to the P & Z's discretion. It could be 90% of standard, or more flexible if they so desire. He has suggested that the lots be kept to a minimum of 85' in lot width which provides ample space for a three car garage. Mr. Gelbmann also stated that the Board should possibly consider cluster type developments to enhance wetland areas. 2 Planning&Zoning Board May 11,1994 Mr. Schones stated that he was uncomfortable with the PDO and cluster type housing. He then asked if we followed the guideline of the R-1X Zoning District, how many lots would result. Mr. Brixius indicated that overall maybe 3-4 lots would have to be eliminated. He added that the result may be less appealing overall than the plan submitted. Al Robinson asked if there was such a things as a cut & dried approach to a PDO. Mr. Brixius explained that it is up to the discretion of the P & Z as to what percentage of flexibility they are comfortable with. Mr. Landers asked what kind of change occurred with the wetland delineation. Mr. Corson explained that the original delineation was modified slightly on the eastern edge of the plat. Kathy Nordine asked if any wetland would be filled. Mr. Corsan explained that 11/100's of an acres would be filled for roadway purposes and the RCWD has approved the mitigation plan. CONTINUATION OF PUBLIC HEARING 7:25 p.m. Mr. John Grzybek, Attorney representing the neighborhood, was present. He indicated that there was some question regarding the notification to the general public on the MUSA changes. It appears that the 1994 notice concerning the rezoning from R-1 to R-1X was proper and correct. He stated that the developer had told the neighbors that there would be 90 to 100 homes in the development. He indicated that the wetlands will be affected if they are part of the property owners back yard. He suggested a buffer of between 15 and 20' between the property line and the wetland. He also suggested prohibiting any chemical use that would affect the wetland and a restriction filed with the property. He stated that we have an obligation to protect the wetland. Mr. Mesich asked if it was his intention to bring some action against the City regarding this case. Mr. Grzybek indicated "not at this time". Mr. Robinson asked if Mr. Grzybek could site a proven case of pollution by fertilizer use. He could not. Chairman Schaps asked if Mr. Gryzbek thought it was constitutional and reasonable to impose a ban on 350 people in this development against the use of chemicals on their lawn 3 planning&zoning Board May 11,1994 when the balance of the community has no such requirement! Mr. Gryzbek agreed that it probably was not. Kathy Nordine stated that if we do not have an Ordinance on the books now it would not seem possible to place these restrictions on the plat. Mr. Mesich added that pollution has made the weeds grow in Golden Lake - but we are talking about a wetland here - that is what a wetland is. This is not a lake. The purpose of the wetland is to take the run-off and pollutants and filter them before the run-off hits a larger body of water. Mr. John Dahl of 1101 Holly Court was present and expressed concern about the impact of the development on his property. He felt that the adjoining property owners would be considering his open space as their back yard and using the area for snowmobiling and such. He would like the developer to install a 4' fence. Chairman Schaps asked what he was worried about. Mr. Dahl indicated that he is aware of similar cases where the open area is used to let the neighboring dogs run about. Kirk Corson, representing the developer, indicated that screening between the properties is a possibility. They would prefer not to use a berm as plantings on the top tend to die out and would prefer�a row or so of conifers. Mr. Ken Albrech, property owner to the east, was present and indicated that he would like to see the area remain rural. This development will have a big impact on him. He has approximately 30 acres and would also like to see a fence or some type of buffer. Sue Walseth of 1101 Holly Drive was present and indicated that the neighbors had presented three petitions at the last meeting that were not mentioned in the minutes. She asked if they could please be noted. Ms. Wyland indicated that this would be taken care of. Mr. Walseth also stated that they would like to see less density. She felt that City Hall works for the developer, not the resident. She would like something in the deeds that the people adjoining her property could not petition against her hobby farm. She added that it is morally wrong what the City is trying to do to their neighborhood. Chris Lydeen, Holly Drive, indicated that someone had said the City needs 300 homes/year to encourage economic development and reduce taxes. We have had 300 homes/year for the last 4 Planning&Zoning Board May 11,IM couple of years and taxes have not gone down. This is an opportunity to take Lino Lakes in a new direction. He would recommend that this plat be rejected and the developer come back with something "real". He added that the City should look at a park requirement within the plat. Judy Thill of 642 12th Avenue expressed concern about traffic on 12th Avenue and requested that the roads be considered before future development. Carolyn Dahl of 1101 Holly Court would like to suggest a Rural Executive zoning of 2.5, 3, or 5 acre minimums that would preserve the wetlands, wildlife, and character of the area. Al DeMotts of 6265 Holly Drive asked where the run-off from this development would go, where was the land surveyed from, and what happens to the wetlands after development. He added that if the City is willing to distribute a questionnaire regarding development of the City he would be willing to held with it. Amy Donlin suggested that the City consider Mediation Services of Anoka County to resolve the differences between the neighborhood and the developer. Jean Cummings, representing the Whitcombs, stated that there is a lot of mis-information being spread throughout the neighborhood regarding the park dedication, the roadways, the use of the land etc. She felt this was very unfortunate and unfair to the Whitcombs. Harvey Seppanan expressed concern regarding the roads and was -troubled because the development seemed too dense for the location. Carolyn Dahl stated that maybe the R-1 Zoning was a mistake and should be reconsidered. Maybe there is a way for all to feel a "win" in the situation. Chris Lydeen asked that the P & Z "do the right thing" . There needs to be some open space in this plat. The Public Hearing was closed at 9:08 P.M. Kathy Nordine questioned the capacity of 12th Avenue and Holly and whether or not they would be able to handle the additional traffic. City Engineer Schneider explained that this roadway (both 12th and Holly) is designated as a State Aid Collector 5 Planing&Zoning Board May 11,1994 Street. There will need to be some improvements made. He added that he does not see alot of additional density in the area and the developer would be required to pay for the improvements to the roadway. Ed Schones stated that he is angry with the assumption by some that this is a done deal. He agrees with some of the speakers. It seems to me that the R-1X Zoning should prevail and we are being asked to consider some large variances with the PDO. He has a problem with that. He would be prepared to make a motion of denial. John Landers stated that he is uncomfortable with how the zoning took place and would agree with Mr. Schones. Tom Mesich stated that we need to go with the advise of our City Attorney who indicated that the zonings were proper. He added that if we are going to give leeway - it should be toward larger lots not smaller ones. He agreed with full compliance with the R-1X requirements. Rick Gelbmann agreed that we need to follow the direction of our City Attorney and believes we should abide by the R-1X Zoning. The PDO is being requested because of the wetlands and the difficulties the site location imposes. However, he is not in favor of a PDO and would like to refer the plat back to the staff to refine the plan and adhere to the R-1X requirements. Al Robinson stated that he agrees with the PDO request. We can not go back to 2 1/2, 3 , or 5 acre lots. Kathy Nordine asked what our requirements are for a PDO and indicated that she would like to see some of the variances reduced. Al Brixius explained that the PDO offers some opportunity to provide a creative design. This particular request provides variation that is not that significant based on the overall design. Chairman Schaps stated that the zoning question is a dead issue. In regard to the PDO there are two forces - the rights of property owners to develop and the rights of property owners to quiet use of their property. The 300 lots/year is not the issue here. The project will be developed in phases and may not start until next year. This development needs flexibility because of the wetlands but the variances on the individual lots can be eliminated. I think it would be more appropriate to table the item until next meeting. I would 6 planning&zoning Board May 11,19% like to see a conifer border on the east and south to whatever extent is possible due to the wetland constraints. Ed Schones then made a motion to deny the request for a PDO and Preliminary Plat and was supported by John Landers. On roll call: Ayes: John Landers, Tom Mesich, Ed Schones Nays: Rick Gelbmann, Kathy Nordine, Al Robinson, James Schaps Motion failed Kathy Nordine then made a motion to continue the item until the June 8, 1994 meeting of the P & Z to allow the applicant time to minimize the number of variances required. She added that she would be willing to consider variances for cul-de-sac length and that she was satisfied with the mitigation plan approved by the RCWD. Al Robinson seconded the motion. On roll call: Ayes: Rick Gelbmann, Kathy Nordine, Al Robinson, James Schaps Nays: John Landers, Tom Mesich, Ed Schones Motion carried VI. DISCUSSION: A. MUSA Exchange: Al Brixius advised the Board the estimated amount of MUSA within the City may be overestimated by the Met Council by as much as 40%. In other words, our supply of developable land within the MUSA is much less than estimated by the Met Council. We will be experiencing more fringe development requests. The City Council has directed -us to amend the MUSA and we need to address what are the next locations for growth. Our past Comprehensive Plans have lead us down the path we are currently pursuing. B. Other: Tom Mesich advised those in attendance that we will be discussing the Behm's Farm development at the next meeting. He would encourage those interested in maintaining the rural zoning to attend that meeting. VII. ADJOURNMENT: Upon the unanimous consent of the Board the meeting was adjourned at 9:55 P.M. 7 JUL- 8-94 FRI 13:17 CPI ENG FAX NO. 6125822830 P, 01 CJM FACSIMILE COVER SHEET TO: M O W-f/J D to: Y=P Coo an �,.�a c ,� ; P ge � of � i FAX # y&y--NS ► From; Ron Solfest P one: (512) 582-5182 Cardiac Pacemakers, Inc. F x: k812) 582-2830 4100 Hamline Avenue North St.-Paul, MN 55112-5798 Mail Stop: E204 Subject- oP,nira,s an# aMAAAL'A ,Z4 "?aPi PJ(o u& 1 4 - L-r4&d o 4 f -'�' 14 t--' ,&I o N Ah- r s 7 f4 r� C a M.. J jr) 0 P, 0V L S Ly i�� 7-7 A e-7}fyj U 0 i-I T�� (�A- 7 0 r-�f1-x, A-4P -t 4-1 r`8 4-7,w,6. D&c.-r r c a Au d y if0r.AT) (; U ouS NLL!'6 H�o ' LS& h� C. "3"y7�j�' I -tv 7 Z z'►hS +4 N r N k Ai �► 1 c r am,- ,40 .-J A-rry era-..` ren (,J *TN APJY 724tJl 7eS-- I1613 (AJ). StJL — 1 2 -94 TlaE 1 5 : 49 R - C 1 WILLIAM G. HAWKINS AND ASSOCIATES 299 Coon Rapids Boulevard, Suite 101 Coon Rapids, Minnesota 55433 Bus. (612) 784-2998 Fax (612) 784-2305 TELECOPIER TRANSMITTAL DATE; ruly 12, 1994 TO: Marityn Anderson FIRM: City of Lino Lakes FAX #: -- FROM: William 0, Hawkins OPERATOR: Mary TOTAL PAGHIS INCLUDING TNTS COVER SERET; 2 COMMENTS: Attached please find my comments with regard to the letter from Stan Peskar of the League of Minnesota Cities. The infornnrdon contained in this is at'tomer-uriviT{ ed ai conl7ite'"fial in armation intended only jor fire use of the inefiuuluaf or etrtity named above-If the mader of this intv.%ge is not the Intended recipient,you we hereby noted the cony disscWnatlon, distribution or copying of this communication Is strictly prohibited ryou have received this eommunicalfon in error,pleme irnmediedely notify us by telephones and relarn the vrigind messcge to us at the culdress listed above via the U.S. Postcd ServIce, Themk you, C I T Y O F LINO LAI-Ivlffi FAX COVER SHEET TO: �.w ' �c FAX NUMBER: 7 8, 4 -- 4 3 a S FROM- DATE: DEPARTMENT.- ADMIN POLICE PUBLIC WORKS NUMBER OF PAGES INCLUDING COVER SHEET-- MESSAGE: IF THERE IS A PROBLEM WITH TRANSMISSION, PLEASE CALL 464- 5562 1189 MAIN 6TKEET, LINO LAKES.MINNE50TA 55014 612-464-5562 C I T Y O F LINO lffi FAX COVER SHEET TO: �Lc� hni FAX NUMBER: FROM. - , DATE: DEPARTMENT: ADMIN POLICE PUBLIC WORKS NUMBER OF PAGES INCLUDING COVER SHEET.-- MESSAGE: IF THERE IS A PROBLEM WITH TRANSMISSION, PLEASE CALL 464- 5562 1189 MAIN 8TKEEI LINO LAKE6,MINNE80TA 55014 612-464-5562 CITY OF LINO LAKES NOTICE OF CHARTER COMMISSION MEETING NOTICE IS HEREBY GIVEN that the Charter Commission will meet on Thursday, July 14, 1994 at 7:00 P.M. in the city hall, 1189 Main Street, Lino Lakes, Minnesota. This is the regular meeting of the Charter Commission. The agenda will be available July 8, 1994. This meeting is open to the public. Marilyn G. Anderson, Clerk-Treasurer MEMORANDUM TO: Council Member Ruether FROM: Marilyn Anderson, Clerk-Treasurer DATE: July 21, 1994 SUBJECT: Charter Commission Meeting July 14, 1994 Attached you will find the Charter Commission packet for the July 14, 1994 meeting. I am sorry that you did not get the packet in a timely manner. I have added your name to the list of persons who will receive packets in the future. The next Charter Commission meeting is scheduled for October 13, 1994, 7:00 P.M. I have not received the minutes from the July 14th meeting yet. Also I have not heard if a special meeting has been scheduled prior to the regular meeting. When I get this information, I will see that you get copies. If you have further questions, please feel free to call me.