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HomeMy WebLinkAbout12/06/2010 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES December 6, 2010 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. Special Guests State Senator Roger C. Chamberlain, District 53 State Representative -Elect Linda Runbeck, District 53A 1. Weekly Progress Report 2. Code of Conduct 3. Off -Road Vehicle Riding Facility in R -1 Zone 4. Dangerous Dog Ordinance Review Regular Agenda Adjourn • MANAGEMENT TEAM'S Weekly Progress Report December 6, 2010 i • ast ActionTakert Police Chief Replacement Process 10/4 Council directed staff to begin search process without an outside consultant Dan Applications closed on November 30 and are being reviewed Organizational Review 10/4 City Administrator directed to begin preparing plan for an internal analysis Jeff Survey and questionnaire is being developed Comprehensive Plan Amendments 11/1 Council discussed residential development densities Mike Staff is reviewing impacts of revised development densities RFP's for Contracted Services 10/4 Staff was directed to put together a list of contracts and time schedule for reviewing contracts Jeff Staff is preparing RFP's for engineering services and agent of record Sign Ordinance 10/4 Staff asked to change sign ordinance to coincide with absentee voting Mike Staff will amend the ordinance for Council action Horne Occupation Permits 11 /1 Staff presented options to consider for retail sales in residential neighborhoods Mike Staff will bring it to P & Z Commission for review and a recommendation Motorsports Facility Race Track Proposal 11/22 Council expressed interest in continuing to evaluate this project and asked staff for more information Mike Staff is waiting for confirmation from IMEDC that it wishes to proceed with noise study Code of Conduct 11/22 Staff asked to include "conflict of interest" provision in City Code Dan Included on Dec. 6 work session agenda City Fee Schedule 11/22 Council will review fee schedule at the next work session Julie Included on Dec. 6 work session agenda Off -Road Vehicle Riding Facility 11/22 Council would like to hear from more residents Mike Included on Dec. 6 work session agenda • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: 6 December 2010 To: Mayor Reinert and City Council From: Dan Tesch, Director of Administration Re: Conflict of Interest Background Per council direction, staff is incorporating a Conflict of Interest Statement into the City Code as Section 204A.07. This is the same language that the council recently incorporated into their own Code of Conduct. This Statement will apply to all city boards and commissions. Requested Council Direction As this is an amendment to the Code, this ordinance will require two readings. As the Council has changed their meeting dates for December, this ordinance will have its ' first reading on 20 December. Attachment(s) Ordinance Amendment. • 1 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13 -10 AMENDING TITLE 200, CHAPTER 204A OF THE LINO LAKES CODE OF ORDINANCES RELATING TO CODE OF CONDUCT. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Chapter 204A of the Lino Lake Code of Ordinances be amended by adding thereto a new Section 204A.07 to read as follows: 204A.07 Conflict of Interest. In order to assure their independence and impartiality on behalf of the public good, council members or members of a board or commission shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law. Except as permitted by law, a council member or member of a board or commission must disclose a potential conflict of interest for the public record and refrain from participating in the discussion and vote, when a matter comes before that person that: (a) Affects the person's financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession or occupation; or (b) Affects the financial interests of an organization in which the person participates as a member of the governing body, unless the person serves in that capacity as the city's representative. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk • • • Adopted by the Lino Lakes City Council this day of , 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • 0 • • • WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: December 6, 2010 To: City Council From: Jeff Smyser Re: Off -Road Vehicle Riding Facility in R -1 Zone Background The City has received numerous complaints regarding the riding of motorcycles on a residential property in an R -1 zoning district. Using earth moving equipment, the property owner has created a racing /riding track for dirt bikes and other off -road vehicles. Staff consulted the Zoning Ordinance, discussed the activity with the City Attorney, and presented a report and Resolution 10 -106 to the City Council on November 22. Adoption of the resolution would be a deteimination that an off -road vehicle riding facility is not allowed in an R -1 zoning district. The City Council tabled the item and instructed staff to schedule further discussion at the December 6 work session. Every zoning district states that "no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses" that then are specifically listed for that zoning district. Accessory uses allowed in the R -1 zone include "Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests." An off -road vehicle racing /riding course is not a use listed in the Zoning Ordinance. Section 1, Subd. 1.E. of the Zoning Ordinance states: In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. The conclusion in the proposed resolution is that: a racing /riding course for off -road vehicles is not comparable in potential activities and impacts to a permitted accessory use listed within the R -1 zoning district, and; the noise generated by off -road vehicles is not compatible with the residential atmosphere that defines the R -1 Zoning District. Therefore, a racing /riding course for off -road vehicles is not an allowable accessory use in the R -1 Zoning District. The City Council discussion included wondering if there were a means for the neighbors to work out some solution to their conflict. Whether or not that is possible in a specific instance, a determination must be made regarding a racing /riding course for off -road vehicles in R -1 zones across the city. Leaving the issue to negotiations would be a determination that the use is allowed in all R -1 zones. The situation arose in an R -1 zone, but the allowed uses in the rural zoning districts are similar. Thus the question can also be asked for the rural zones. Requested Council Direction Regarding the issue before us in R -1 zoning districts, staff requests that the City Council make a determination whether or not a dirt track for racing /riding off -road vehicles is "comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use "? Attachment November 22, 2010 staff report to City Council. 4 A • • 0 r • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser MEETING DATE: November 22, 2010 TOPIC: Resolution No. 10 -106: Determining That An Off -Road Vehicle Riding Facility Is Not Allowed In An R -1 Zone VOTE REQUIRED: 3/5 BACKGROUND The City has received numerous complaints regarding the riding of motorcycles on a residential property. Using earth moving equipment, the property owner has created a racing /riding track for dirt bikes and other off -road vehicles. The use of the site for this purpose generates noise that is generating complaints from neighbors. Staff consulted the Zoning Ordinance and discussed the activity with the City Attorney. The conclusion was that an off -road racing /riding course is not an allowable use under the Zoning Ordinance. Staff then sent a letter to the property owner. The letter recognizes that riding recreational vehicles can be fun, but notes that the activity creates serious impacts on neighbors. The letter informed the property owner that the activity must cease. The property owner visited City Hall and maintained that he does not have a racing /riding facility, and that his vehicles comply with state law regarding the noise they create. (It was not clear to staff the specific law to which he was referring.) He maintains that riding motorcycles and ATVs on his property is not violating any law and is not prohibited. The Zoning Ordinance contains a means to resolve this through a City Council determination. In consultation with the City Attorney, staff is bringing this question to the City Council for a determination. It is important to remember that the determination applies not only to this site. ANALYSIS Uses Allowed by the Zoning Ordinance The position stated in the letter to the property owner is based on the following reasoning: • The Zoning Ordinance lists uses that are allowable in the individual zoning districts. Every zoning district states that, "no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses" that then are specifically listed for that zoning district. • The property is zoned R -1 Single Family Residential. • Accessory uses allowed in the R -1 zone include "Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests." • Swimming pools and sport courts are common accessory uses customarily found in residential neighborhoods. However, a racing /riding course for off -road vehicles is a very different type of facility, one that has the potential for significant negative impacts on nearby residents — impacts that are not created by permitted facilities such as pools and sport courts. Off -road courses are not customarily found in residential neighborhoods. • The racing /riding track is a "facility" in that there is an established track or route. There also are man-made topographic features that were intentionally created to enhance the experience of riding on the track. This differs from someone who occasionally rides a vehicle across or on the property, such as when moving it into a garage or onto a trailer. • The "other recreational facilities" phrase was not intended to include any and all conceivable types of recreational activities or facilities without regard to their impacts. • For these reasons, the conclusion was that a racing /riding track for off -road vehicles is not allowable as an accessory use on an R -1 property. The property owner disagrees with this conclusion. He believes that if he is not violating sound requirements established for his vehicles, he is not violating any law. Staff's conclusion is based on the uses listed in the Zoning Ordinance, not on statutory noise limits for vehicles. Nonetheless, a resident has the right to disagree with an interpretation of the Zoning Ordinance. The Ordinance provides an appeal process, which requires an application and fee. However, there is another approach to the current situation which is more efficient. As stated in Section 1, Subd. 1.E. of the Zoning Ordinance: In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. In summary, the City Council is the authority to determine if "other recreational facilities" in accessory use 10 in the R -1 zone allows for a dirt track for racing /riding off -road vehicles. That is: is such a track "comparable in potential activities and impacts" to a use that is specifically listed? 4 • • • • • • Staff's view is that a racing /riding track is a facility and use that is not specifically allowed by the Zoning Ordinance and therefore is prohibited: unless the City Council determines that the use is acceptable because it is comparable in potential activities and impacts to a use listed in the ordinance. Nuisance Violation Not Determined Chapter 901 of the City Code addresses nuisances. Racing /riding of off -road vehicles in a residential neighborhood may be violating the City Code because of the noise created by the riding activity. However, just when or if this is the case has not been determined and staff is not proposing to pursue this question at this time. The Planning & Zoning Board discussed this issue informally. The P & Z consensus is that the issue is a noise nuisance issue rather than a land use /zoning issue. If the City Council determines that the use of the site is not allowable under the Zoning Ordinance, there would be no need to pursue the nuisance issue. RECOMMENDATION 1. Approve Resolution No. 10 -106, determining that an off -road vehicle riding course is not allowed in an R -1 zone. 2. Return to staff with direction. ATTACHMENTS • Excerpts from the Zoning Ordinance with specific passages highlighted with underlining. • Resolution No. 10 -106 • Map of the area showing zoning • Map of the area showing parcel sizes • Aerial photo of the area with scale in feet Excerpts From Lino Lakes Zoning Ordinance SECTION 1. TITLE / APPLICATION / RULES Subd. 1. Title and Application. E. Uses Not Provided for Within Zoning Districts. In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use. In such cases where, in the judgment of the City Council, there is no comparable use listed, the City Council or Planning and Zoning Board, on their own initiative or upon request from the property owner, may conduct a study to determine if the proposed use is acceptable and, if so, what zoning district would be most appropriate and what conditions and standards should apply to the proposed use. The City Council, Planning and Zoning Board, or property owner, on receipt of the staff study, may initiate an amendment to the Zoning Ordinance consistent with Section 2, Subd. 1. of this Ordinance to provide for the particular use under consideration or shall find that the proposed use is not compatible for development within the City. SECTION 6. RESIDENTIAL DISTRICTS Subd. 1. R -1, Single Family Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. G. Permitted Uses. In the R -1 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities (fourteen (14) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. 3. Public parks. • • 1 • • 4. Single family detached dwellings. 5. State licensed residential care facility serving six (6) or fewer persons. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R -1 District: 1. Accessory apartments as regulated by Section 3, Subd. 10. of this Ordinance. 2. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D of this Ordinance. 3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance. 4. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non - commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6. Parking spaces and car ports for licensed and operable passenger cars and trucks. 7. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this Ordinance. (This regulates the parking of vehicles on the property.) 9. Signs, as regulated by Appendix C of the City Code. 10. Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10 -106 A RESOLUTION DETERMINING THAT A RIDING/RACING COURSE FOR OFF -ROAD VEHICLES IS NOT AN ALLOWED ACCESSORY USE OR FACILITY IN THE R -1 ZONING DISTRICT WHEREAS, the Lino Lakes City Council makes the following findings: 1. The Lino Lakes Zoning Ordinance lists uses that are allowable in the individual zoning districts. Every zoning district states that, "no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses "; which uses then are specifically listed. 2. Accessory uses allowed in the R -1 zone include "Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests." (Sec. 6, Subd. 1.H.10). 3. An accessory use is defined as "a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use." 4. Swimming pools and sport courts are common accessory uses customarily found in residential neighborhoods. However, a racing /riding course for off -road vehicles is a very - -- different type of facility, one that has the potential for significant negative impacts on nearby residents — impacts that are not created by permitted facilities such as pools and sport courts. Off -road courses are not customarily found in residential neighborhoods. 5. A racing /riding course or track is a "facility" in that there is an established track or route that often can include man-made topographic features, such as jumps, created to enhance the enjoyment of riding on the track. This differs from occasionally riding a vehicle across or on a property, such as when moving it into a garage or onto a trailer. 6. The "other recreational facilities" phrase in Sec. 6, Subd. 1.H.10. was not intended to include any and all conceivable types of recreational activities or facilities as accessory uses, without regard to the impacts of those uses. a • 7. Section 1, Subd. 1.E. of the Zoning Ordinance states: In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. 8. The City Council is the authority to determine if "other recreational facilities" in accessory use 10 in the R -1 zone allows for a track for racing /riding off -road vehicles: whether such a track is "comparable in potential activities and impacts" to a use that is specifically listed. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that: 1. A racing /riding course for off -road vehicles is not comparable in potential activities and impacts to a permitted accessory use listed within the R -1 zoning district The noise generated by off -road vehicles is not compatible with the residential atmosphere that defines the R -1 Zoning District. 2. A racing /riding course for off -road vehicles is not an allowable accessory use in the R -1 Zoning District. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • a Zoning Map Lot Sizes acres) 47e1 ° 128451/2 3.312442 825542 ei 1C#802 -tr 1.44102 '77172 IL al 14 Yi 221 12 1228242 8. 447 AC 0.2281M8 188332 2,520674 2.,87 2824481 la 3 U-SWilaak 3:21Z42 8,27545E L2 823444 12441 34 8224857452997 12222, IC "Pali% 4,1!' Lt. 41.11.4 Mil 741 • 27 L11221 148 31E21281 28811183 Aerial Photo With Scale (Linear Feet) 9/0-14101,(1.,,i © V tL . se ssl w, 1 z/((i o Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) If you DO NOT want dirt bike facilities built in residential areas please sign below: 02' rb/ C" del,i e,,_, (/70 he' Iri /7/ /2/.1 C l!' l Ar- i/ L ✓/ ✓C) ( cG. -l'- �.. 4Z€d. yam ... -4... AW..�.. ,43.7„..s �^ ' t , C -1--,„. ri V / j 1,` , k 0. (e tt s W ( \ \ \..f Trc& L1 sct ) (17-1 Par-klacec .PI 6,4_0 u -DES 14'k k er ? I-Wi y ]fir /,' > L % e5 4. e\c--. (-A, 4,64,-) e;L\ ((; ) :7 7 M / 1)/ 6/-* .5— 306 3 L,..`I c.i6 ll' ®(- FL/`e�LcI - VV 7C Cr? Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. ssoN ,u49.4 Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) If you DO NOT want dirt bike facilities built in residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. wed �.it,NS 7ca S^� ,' ieer- - r.'vc '1.• "es.t* ! 4593 /il/d,- Drive .2t1-, {,f, 44 k40 A* Nl eZK y tots 7,40, pea laccL LP G%. Ce-P--3 %--. X73 44 ,e,._ 4- C tit/27 YkA, 6t% Ala. .I: . .u" s 113 AsvpLk INcoao ,ItJatis,ink Ss , 5-ku4t,c, 1. . ' 17 4 06- n �.� n� 1 L 14 mN � `--•1";---- (-4 (eSZcPhe030. —1 u.k. t± inv L'ck ej 53 ys /s Q L. s L t... LL, r sg'i'l f ' c“/ &'‘ La r '4.6.1 r • 1493 4po'r Lam,,k J 44' Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lairs. (Zone R1) If you DO NOT want dirt bike facilities built in residential areas please sign below: -/ZA:.,,-4:--, Kf. 777,..,,,,p.-k_ c, - ,_ gio,ck 0JJ-. . _s- , tAiwt'v'. k k s04,--- S/v -, t F.-- x �IGl'r3a2 / (,3) F t ,A7 'Az') .� /,i / v PO Cif. 13--;,(,,z, V 9 .4, 4--- ...g'`? o(c R`, t Sr ',, 3 f aL.�t q w ao n `11), t d z -C, Sy --,./. '`yk%r, C -y-r , l ,( Cf1 d 130,-di Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6 :30 p.m. where people can also voice their opinions regarding this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) If you DO NOT want dirt bike facilities built in residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. .g),:04 6v .1- . ),etit,044.,,e_ -�! .7`815 �, gicht Nage ! d I, joge,,, c„ PeLP 0(4 8i/-Cl'1 v/ /j, a/fal ► D - msbZ7 /oteir,2t. Lilo Lz s 5-6 /4 i'ai Sri", 1080 lei Ildw- C-t (,iri0 Lks 5501y ki`Ad� ft's. ✓i .` J . f- ? r ail ,zv _ - a i ► LC 1.-i q63 5c5 G(eA.T ►:L L11.wL ' i � , ... l.ati -c. SSd * 9 Astizi# L L l .... . _ _ I _ d. y..cz.._ L L _ s 14 Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) if you DO NOT want dirt bike facilities built in residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. 1 � -.. > ) m : fG A o 1 Pr(0_1"-e. /cW7 .As 4) (bl.n /t) fiz. 4 , .,(4 --, 314 ny C ade__ 7 re,,,,,,, Apr 1-r) r P - \) ? 1047 , - C i '1/1 ri lti Ket -p614 - � 1A ..6-4 _,S 4,14 \ o, alArb ?)-{ISS 31.5k &AO P51155 61951 Lr Dew ,r SR 1406E ‘ S0f �,v AAfe I. l ��r yci 7 ;.is ,.+y_ MIN"' A /__,_ .e-l--- i/ /11_1 ' . Ai , POW -- .,u ,-- . In �d .., Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) if you DO NOT want dirt bike facilities built in residential areas please sign below: Note 1 This petition vtrill be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Mesiiiig on Monday December 13 at 3:30 p.m. where pop can also volce their opinions recording this important ruling. -ciC,0, CarA, 65-or - / We 4,( Lived(Alry„ Otis a Ktarks &sAL - 0hc &ice...5 .- 4 off2 / 6'.55 1,06<6 3 ± Lev L4i/C4• OA2r - s_5 1 ioc,6 65$'`le dire c. AA, c4' 1 a /Og / / 1/1^6tra& t Z .. 52■C 66th,.' Mt 1-SS -k. 5 ( /d K 1 7 ct,,,,` C e tA. L pl Z_,4) z_41-r, ) 1151 /.k 6 l o 6 „/L, 4R, 6l p ,g4 EL-/- '\4, l , 9/-/r s 5,- G4 i h 4 Note 1 This petition vtrill be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Mesiiiig on Monday December 13 at 3:30 p.m. where pop can also volce their opinions recording this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R-1) if you DO N. T want dirt bike facilities built in residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work session on December 6th. There will also be a City Council Meeitiog cn fvla rday December 13 at 6 :30 p.m. where people can also voice illedr opinions regarding this important ruling. An- il/lye-4 /lI I 6-1P Q 31 Whilt Owl- OP- •.�.. ax,c4 IN. a 4, icy -c-C tv-- Cie----11.c -�P ,' C 7 ► . e� A _i1_ 7 , i i /v L e, N (44--(_,e. (0 6 (o 4 7 M Id fl 01-# e ( / / C t� at' f '/'-‘) 4.-4 Iii Y 1 a . - \ ‘), ) -1 Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work session on December 6th. There will also be a City Council Meeitiog cn fvla rday December 13 at 6 :30 p.m. where people can also voice illedr opinions regarding this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) if you DO NOT want dire bike facilities a sl n residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on De :emnber fith. There will also be a City C« uncil Meeting on Monday Dec b r 13 at 6:30 p.m. where people can also voice their opinions sng this irnportvnt r i €rug. .0 L - ( I (r. -L 1, 6- ; / \, ; .3-7.,,> S -S / ' A "E').1-(` z , ►. } . u , o / r ' ? 9 ) J r i_.i r s. e I /c''L,v t r R i (WI -- - ("10 ‘,\I SVA/OW Likk -1 k)∎) . , S-5---'0(y• 5=.01L.- -` ..-- Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on De :emnber fith. There will also be a City C« uncil Meeting on Monday Dec b r 13 at 6:30 p.m. where people can also voice their opinions sng this irnportvnt r i €rug. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) If you DO NOT want dirt bike facilities built in residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. ,5P'\ i c` fi` , ", ' •2 L / �` �''- ✓��1 rc,sc,� f f �r a�s a rye C.! -�L Lss 45 .-... F Li 11 [ le:-- (J✓ 1 t, V e) Y. �Gi 0-)in : -4 /�r [r. L I r / 't .l L•' 6'l_.�.1(" G .)) c wt .' 6/ . �'rG G i.-) 1t4. Lam. ftj17 G_ � � AC ?/V� 7(3j } i�A,: L,� k6,14 �A) LG'.=/ XS I Cu ° r- 1 I2_ S S,,, (..,/ 0 I L K Ic L 1 .1() Lt, fs f t c, n (9G f7A f f- 5 Or ` it / k Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. Important to Lino Lakes Citizens: There is a request before the Lino Lakes City Council to approve: Dirt Bike Track Facilities in residential areas of Lino Lakes. (Zone R1) if you DO NOT want dirt bike facilities built in residential areas please sign below: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. �/�Jn/, {{ ./' 2// rn e...2/0 q- i Z//C� G./17- . "/ 7\ / /L��'� /UI1�u'2,:� -..�-- (c (v�/k IAit4..�U' rte c-1- i:n L 0. k2 Mn� /(3/ 0,1„1-6_, ( c 1, ..pt J t, 4 ._ ,� Lam, ,,,,,_ `�, acs �c�� -�-5 71? zr {� d- /' �,li L` 1V,...- , --A• .f- ��(r? -icy r f/ic Cj" i el,. i .4-4.L.- \_'. iuf1, � ,i'",c ck Lc A...1 U L. Lu `o L' -2.4 .0 _,c` � _ , , .. /ti'...,-- .S0/: Note: This petition will be delivered to the Lino Lakes City Council at the City Council Work Session on December 6th. There will also be a City Council Meeting on Monday December 13 at 6:30 p.m. where people can also voice their opinions regarding this important ruling. • • WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: December 6, 2010 To: City Council From: Jeff 'Carlson, City Administrator Re: Proposed Amendment to Dangerous Animal Ordinance Background Councilmember Roeser has proposed an amendment to the dangerous animal ordinance. Currently, the ordinance specifies in Section 503.16(7) that once the police have determined an animal to be dangerous, the following procedure will be followed: (a) The animal control officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make orders deemed proper. This owner shall be notified as to dates, times, places, and parties bitten and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination. Mr. Roeser is proposing that once the police have deemed an animal to be dangerous, the animal be seized and quarantined at the owners expense until a hearing has been held and the Council considers the following actions: (1) the animal be destroyed; (2) moved out of the City, or (3) the owner meets all the required conditions within 14 days, as stated in the ordinance and state law, in order to keep the animal. Requested Council Direction The Council is being asked to consider this amendment. Page 2 of 3. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall have no openings in the wire greater than two inches; and 4. An entrance /exit ga t e shall be provided and be constructed of the same material as the sidewalls and also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (d) UNPROVOKED. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed.. (4) Designation as potentially dangerous animal. The animal control officer shall designate any animal as a potentially dangerous animal upon receiving evidence that a potentially dangerous animal has, when unprovoked, then bitten, attacked or threatened the safety of a person or a domestic animal as stated in division (3)(b) above. When an animal is declared potentially dangerous, the animal control officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. (5) Evidence justifying designation. The animal control officer shall have the authority to designate any animal a dangerous animal upon receiving evidence of the following: (a) The animal has, when unprovoked, bitten, attacked or threatened the safety of a person or domestic anima as stated in division (3)(a) above; or (b) The animal has been declared potentially dangerous and the animal has then bitten, attached or threatened the safety of a person or domestic animal as stated in division (3)(a) above. (6) Authority to order destruction. The animal control officer, upon fording that an animal is dangerous • hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact: (a) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (b) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. 7 Procedure. The animal control officer after havin determined that an animal is dan • erous ma •roceed in the following manner. (a) The animal control officer shall cause one owner of the animal to be notified in writing or in person that t animal is dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified to dates, times, places and parties bitten and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination., 1. If no appeal is filed, the orders issued will stand or the animal control officer may order the animal destroyed. 2. If an owner requests a hearing for determination as to the dangerous nature of the animal, the heart shall be held before the City Council, which shall set a date for hearing not more than three weeks after demand hearing. The records of the animal control or City Clerk's office shall be admissible for consideration by the anim control officer without further foundation. After considering all evidence pertaining to the temperament of the animal http:// www .amlegal.com/nxt/gateway.dll/ Minnesota / linolakes_ rnn/ 500generalregulations /chapter503 ani... 11 /18/2C