HomeMy WebLinkAbout07-14-1994 Charter Packet i
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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.
JUL- 7-94 THU 12:51 CPI ENG FAX NO. 6125822830 P. 01
Lam
e/T FACSIMILE CODER SHEET
(MA4,41 L-y" 4.a,p64s oO Date:
Compar:y: L JJ.J 0 L.4 Page of
FAX # q6,y—q 6
From: Ron Solfest Phone: (612) 582-5182
Cardiac Pacemakers, Inc_ Fax: (612) 582-2830
4100 Hamline Avenue North
St.'Paul, MN 55112-5798
Mail Stop: E204
Subject:
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LINO LAKES CHARTER COMARSSION
Membership List
June 23, 1994
DATE DATE NUMBER
MEMBER APPOINTED EXPIRED OF TERMS
Mark D. Benson 9/93 8/97 1
1465 Snow Goose Trail
Lino Lakes, Mn. 55038
429-0405
William H. Bohjanen 2/92 8/95 1
8060 Lake Drive
Lino Lakes, Mn. 55014
784-4762
Steven H. Bruns 9/93 8/97 1
1433 Pheasant Hills Drive
Lino Lakes, Mn. 55038
Robert Doocy 8/89 8/97 2
6633 Pelican Place
Lino Lakes, Mn. 55014
786-2169
William W. 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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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
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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
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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
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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
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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.
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irnmediedely notify us by telephones and relarn the vrigind messcge to us at the
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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.