The URL can be used to link to this page

Home My WebLink About01/25/1988 Council Minutes (2)1 1 COUNCIL MEETING JANUARY 25, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:12 P.M., January 25, 1988. Council. Members present: Marier, Bisel, Bohjanen, Reinert. Council Members absent: None. City Administrator, Randy Schumacher; Engineer, Ron Stahlberg; Attorney, Bill Hawkins; Planner, John Miller; Building Inspector, Pete Kluegel and Clerk- Treasurer, Marilyn Anderson were also present. Mr. Hawkins administered the oath of office to Mr. Marier who was re- -elected on November 3, 1988. CONSIDERATION OF MINUTES -- JANUARY 71. 1.988 Mr. Bisel moved to approve these minutes as presented. Mr. . Bohjanen seconded the motion. Motion carried with Mr. Marier abstaining. CONSIDERATION OF DISBURSEMENTS - JANUARY 26, 1988 Mr. Marier moved to approve these Disbursements as presented. Mr. Bisel seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF APPOINTMENT OF OFFICIAL CITY NEWSPAPER Mr. Howard Lestrud appeared before the Council to represent Sell Publishing. He explained that the Forest Lake Times reaches about 250 readers in Lino Lakes and there are plans to sample certain mail routes to increase the circulation. The Forest Lake Times will feature more human interest stories from Lino Lakes and also contain more indepth news coverage. Mr. Lestrud also noted that a substantial portion of Lino Lakes is in the Forest Lake School District and the Times is the official newspaper for the school district. The Anoka County Union Shopper sent a letter to the City Council requesting that they be considered as the Lino Lakes legal newspaper. A representative was not present. Ms. Charlene Bergerson appeared before the Council to represent the Circulating Pines. There are 179 paid t53 1 COUNCIL MEETING JANUARY 25, 1988 subscribers in Lino Lakes but the Pines has total circulation through the Shopper which is mailed to every home in Lino Lakes. All legal notices would also be published in the shopper at no extra charge although the Shopper cannot be considered as a legal newspaper. Mr. Eugene Johnson appeared before the Council representing Press Publication, publisher of the Quad Press. He explained that six years ago Press Publication committed themselves to printing a paper for the four city area of Lino Lakes, Centerville, Circle Pines, Lexington and also a portion of Blaine. Four years ago the Quad was appointed the legal newspaper for Lino Lakes. The Quad reaches 96% of the homes in this area. There are some paid subscribers however, most of the papers are delivered free. Mr. Reinert asked how the legal rates in the Quad compare to other newspapers. Mr. Johnson explained rates do not vary much, however the Quad may be somewhat higher to make the paper available to everyone free and because the Quad prefers not to use the very small type. Mayor Benson thanked all of the representatives for attending this evening. He also reminded the Council of the committment made six years ago to provide timely news to all Lino Lakes residents and keep the community informed. Mr. Schumacher explained to the Council that he had talked to all the newspapers who expressed interest in Lino Lakes. He noted that the Blaine - Spring Lake Park Life has a limited staff and was interested in only publishing legal notices. Mr. Bisel explained that circulation is an important factor but was more concerned about news coverage about this City. Mr. Bisel moved based on total coverage to appoint Press Publications as legal newspaper for another year. Mr. Bohjanen seconded the motion. Mr. Marier felt that there was not total coverage by the Quad Press in Lino Lakes and noted several pieces of paper left in ditches. He said there is a paper that has had a representative at every meeting and have a mailing that should be taken into consideration. He also noted this local paper is very responsive to the needs of this City. Mr. Reinert agreed but felt getting the news to as many people as possible was paramount at this time and the Quad Press does do this. He also asked that the Quad Press PAGE 2 1 1 COUNCIL MEETING JANUARY 25, 1988 representative attend all events that will make them more familiar with the needs of this City. Mayor Benson said he would like to see more articles on residents in all area newspapers. Voting on the motion, motion carried with Mr. Marier voting no. PLANNING AND ZONING REPORT - PETE KLUEGEL AND JOHN MILLER Lee and Ione Robinson, 8179 4th Avenue - Minor Subdivision - Mr. Miller explained that this request is for a subdivision of a ten acre parcel in the Rural Zone. The proposed parcel meets all code requirements and the Planning and Zoning Board has recommended approval subject to payment of the $400.00 park fee. Mr. Bisel moved to approve this request described as Planning and Zoning application 87 -31. Mr. Reinert seconded the motion. Motion carried unanimously. First Reading, Ordinance No. 02 - 88, Sign Ordinance Amendment - Mr. Miller explained that this ordinance was first considered in 1986 and denied by the Council. The ordinance would regulate temporary signs particularly the yellow changeable "reader boards ". This proposal does not include the sunset clause and Planning and Zoning has recommended approval on a split vote. Mr. Miller noted that the Building Inspector has had problems enforcing the current sign ordinance in this area and this is why it is before the Council tonight. Mr. Bohjanen asked how much of a problem is there. Mr. Kluegel explained there are currently six "reader boards ". He also asked about the fee and Mr. Miller explained it was a $10.00 annual fee. Mr. Bohjanen also expressed concern regarding using these signs more than four times a year and called it double taxation. Mr. Marier moved to approve the first reading of Ordinance No. 02 - 88 and dispense with the reading. Mr. Reinert seconded the motion. Mr. Bisel questioned Article Two of the Ordinance. He asked who will decide who will pay a fee and who will not pay a fee. This could leave room for discrimination. Mr. Bohjanen questioned the regulation of real estate signs. It was explained that these signs are regulated in another portion of the Sign Ordinance. 155 COUNCIL MEETING JANUARY 25, 1988 Mr. Jeff Joyer explained he felt there is not a large enough problem to necessitate an ordinance. Mr. Bisel asked for a roll call vote. Mr. Reinert voted, yes, Mr. Bohjanen voted no, Mr. Bisel voted no, Mr. Marier voted yes and Mayor Benson voted yes to break the tie and the motion carried. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 02 - 88 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADOPTING THE FOLLOWING AMENDMENTS TO APPENDIX C, ENTITLED ORDINANCE REGULATING SIGNS. The City Council of the City of Lino Lakes ordains: Article One. Article Two. Section II (B) of Appendix C of the Lino Lakes City Code shall be amended to add the following section: 12. Residential Promotion: Temporary sign advertising such events as a garage sale, craft bazaar, and similar uses and shall include the advertising of non - profit benefits. Such sign shall not remain for over five (5) days. Section II (H) (10) of Appendix C of the Lino Lakes City Code is amended to read as follows: 10. Portable Sign: A sign designed to be moveable from one location to another. Portable signs shall be used a maximum of four (4) times a year for a total of fifteen (15) days per time. Portable signs shall be limited to special events or promotion. A fee may be charged that will reflect the cost of administration of this sign not to exceed ten dollars ($10.00). Article Three. Section IV of Appendix C to the Lino Lakes 1 1 1 COUNCIL MEETING JANUARY 25, 1988 Article Four: City Code is amended to add the following section: BB. All business signs shall be profession- ally constructed and installed. Any present provision cif Appendix C of the Lino Lakes City Code which is inconsistent with the amendments contained in this Ord- inance shall be superceded during the dur- ation of this Ordinance. Article Five: Effective Date and Expiration Date. This Ordinance shall be effective from and after passage and publication as required by Lino Lakes City Charter. Passed this day of , 1988 by the Lino Lakes City Counci‘ Marilyn . Anderson, Clerk - Treasurer Lot Subdivision, Variance and Site Plan Review, Joe Spetzman, 8171 Lake Drive - Mr. Miller explained that Mr. Spetzman owns five plus acres, two acres zoned Light Industrial (LI) and the balance is zoned Expansion Residential (ER). He gave the Council background information regarding the rezone action of 1985 and the site and building plan approval for the cold storage pole building and noted there were specific conditions placed on the site and building plan approval. Variance -The variance request is to allow a sixty foot set • back for this pole building rather than the required seventy- five foot set back. The cabinet shop is a permitted use in the LI zone. Lot Subdivision - This request is to divide the current five plus acre lot into two lots based on the zoning. 7 158 COUNCIL MEETING JANUARY 25, 1988 Site and Building Plan Review - This request is to allow the use of the pole building to change from cold storage to a cabinet making shop. The Planning and Zoning Board has recommended approval of the lot subdivision and the variance but not the site and plan review. The denial of the site and plan review decision was by split vote. Mr. Spetzman explained his intention for use of the property and noted that he thought the granting of the rezone in 1985 also allowed the subdivision of the property based on the zoning. He also has contacted all the surrounding property owners who have signed a form indicating that they have no objections to Mr. Spetzman's proposals. He further noted that denial of his request would result in a useless building that could not be sold. Mr. Marier noted he made the motion in 1985 and his intent was to accomodate Mr. Spetzman and his son in the operation of their transmission business and the intent was to not allow this to expand into other businesses. Mr. Joyer told the Council there was adequate screening and did not see a problem with any of the requests. Mr. Miller felt this would set a precident and historically such action has adverse affects on adjacent residential property. Lot Subdivision - Mr. Bisel moved to grant the lot subdivision as outlined on the P & Z application #88 -01. Mr. Bohjanen seconded the motion. Motion carried unanimously. Variance - Mr. Bohjanen moved approval of the variance outlined in P & Z application #88 -02. Mr. Bisel seconded the motion. After further discussion, the motion carried unanimously. Site Plan Review - The P & Z Board did not act on this request. Mr. Marier moved to return P & Z application #88 -03 to the P & Z Board and ask them to forward their recommendations to the Council. After further discussion, Mr. Marier withdrew his motion. Mayor Benson and Mr. 'Schumacher felt that Mr. Spetzman was intensifying the use of his property and suggested the P & Z Board may want to add some restriction. Mr. Spetzman expressed concern with the time frame involved with going back to the P & Z Board. PAGE 6 1 1 1 1 1 1 COUNCIL MEETING JANUARY 25, 1988 Mr. Marier moved to table this P & Z application #88 -02 and have Mr. Spetzman resubmit his site plan to the P & Z Board and be brought forward to the Council February 22, 1988. Mr. Bisel seconded the motion. Motion carried unanimously. Conditional Use Permit, Land Reclamation, Roland Ford -- Mr. Bohjanen moved to set a public hearing for February 22, 1988 at 7:30 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Public Hearing, Draft Zoning Ordinance No. 01 - 88. First Reading - Mayor Benson opened the public hearing at 8:43 P.M. Mr. Miller explained that the proposed amendments will accomplish three things: 1) zoning ordinance revisions necessary to implement the Comprehensive Plan, 2) increase standards for one and two family homes and 3) create executive housing districts. These amendments do not address planned unit developments (PUD) which will be considered at a later date. The P & Z Board has considered the draft ordinance and has made several recommendations for changes. Mr. Miller was in agreement with all the changes but two and explained his reasoning. Steve Nice, 6509 -24th Avenue - Mr. Nice explained he represents several of his neighbors and asked the Council to leave his area in the ten acre minimum lot size rather that the two and one half acre lot size proposed in the draft ordinance. He explained the proposed change benefits several absentee landowners and one P & Z Board member. He felt the change would lead to serious consequences and also said he felt a total lack of cooperation by the Council and boards and asked the Council to represent the people. George Meadows, 6491 - 24th Avenue - Mr. Meadows said he disagreed with the rezoning of the southeast corner of Lino Lakes. He said the changes should be positive and since the area was heavy clay and wetlands it would not be wise environmentally. He said he has received mixed information and also noted that Met Council has expressed disagreement, with the proposed rezone of the southeast portion of Lino Lakes. He said he echoed Mr. Nice's concerns and also said that most of the landowners wish to keep the present lot size restrictions. Gary Uhde, G M Development - Mr. Uhde expressed concern with his eighty acre development which is propsed for executive housing. Presently his first phase meets all city standards but if the second phase is required to meet executive 160 COUNCIL MEETING JANUARY 25, 1988 housing standards this will create a hardship. • He explained his subdivision has been required to dedicate more than what other subdivisons are required to dedicate for parks and ponding because of poor soils and his housing will exceed the new standards. If lot sizes are increased at this point it will be very costly for him. He asked that his subdivision be taken out of the executive housing district. Jeff Joyer, Planning and Zoning Board Member - Mr. Joyer explained that some of the proposed executive housing districts are already platted and therefore grandfathered. This would require issuance of variances and complicate the subdivision of the platted one acre lots with 150 foot frontage. He also noted this would create a situation where there is greater chance for misinformation from the City. It would require that the City be much more flexible in granting variances or it will cause hardships. Mr. Joyer noted that the proposal for increasing house sizes is substantial. He feels there is a greater demand for upgraded housing but he did not feel the Council should regulate against smaller housing. He said the total overhaul is an over reaction to affordable homes. Glenn Rehbein, 7374 Lake Drive - Mr. Rehbein agreed with Mr. Joyer. He felt supply and demand should regulate house sizes. He asked that the developer work with the planner regarding this matter. Mary Ann McDougal, 6116 Baldwin Lake Road - Ms. McDougal said she read the public hearing notice in the Quad Press and asked if her property is affected. It was noted that her property is in a proposed executive housing zone. She told the Council she liked her zoning the way it is and asked the Council not to change it. Mr. Stahlberg explained that her property will remain unaffected until it is subdivided in the future. Bob Moser, Home Builder in Reshanau Lake Estates South - Mr. Moser indicated he has purchased several lots in the first phase. He said if some of these requirements are adopted, home building could be discouraged. He proposed a compromise and suggested certain architectural requirements be instituted. Mr. Moser also asked that the required square footage be more specific for a two story house. Arnold Murray, 565 Marshal Lane -- Mr. Murray noted he had received a notice from the city hall with a map highlighting the Methodist Church property. He asked what this hearing 1 1 COUNCIL MEETING JANUARY 25, 1988 has to do with that property. Mr. Miller explained that certain zoning changes are required to bring the zoning map into agreement with the Comprehensive Plan. This property and another property on Lake Drive north of Main Street were inappropriately rezoned in 1983 and this action will correct this error. Robert Moser, 540 Marshan Lane - Mr. Moser said he was not upset by the rezone if the planning is properly done. Mr. Miller explained that at the time the property is developed the Council will review the site plan. All interested persons will be able to express their concerns at that time. Ronald Strantz, 575 Marshall Lane - Mr. Strantz explained this property abutts his backyard and said he did not want a big disel company or construction company in his backyard. He said he was opposed to the rezone. Steve Nice - Mr. Nice said the proposed rezone in the southeast portion of Lino Lakes seem arbitrary. Why does the rezone stop at a road that is not even there yet? He felt there were a lot of questions not answered by the Council or the P & Z Board. He asked the Council to amend the draft ordinance No. 01 - 88 so that the southeast corner of Lino Lakes will remain ten acre lot sizes. Mayor Benson noted that the Council and the P & Z Board spent a year or more preparing the draft ordinance. It is not haphazard, but done with a considerable amount, of consideration. He explained the road referred to by Mr. Nice is planned for future construction. Mr. Meadows said he attended a meeting about a year ago and could not get any information or answers then. He noted that Met Council had told him they were not going to adopt the Lino Lakes Comprehensive Amendments with the two and one half acre zone but they did it anyway. Mayor Benson told Mr. Meadows that at the time he talked to him, the Council had not yet formulated any changes. Mr. Meadows asked that the southeast corner rezone be tabled so that he could talk to the Council Members. Jay Cain, 6584 Otter Lake Road - Mr. Cain asked if all areas on the map colored orange were proposed for executive housing. Mr. Miller said yes and explained which were proposed for ten acre, two and one half acre and R -1 lot sizes. PAGE 9 X62 COUNCIL MEETING JANUARY 25, 1988 Rosemary Storberg, 6978 Lake Drive - Mrs. Storberg pointed out that the City has a Charter that addresses how citizens can begin action against some of the Council decisions. Mr. Hawkins pointed out the Charter addresses a recourse the citizens have regarding improvement projects. The charter has no effect on land use issues. Glenn Rehbein - Mr. Rehbein asked what will 12,000 square feet and 13,000 square feet lot sizes do for Lino Lakes? Mr. Reinert explained upgraded housing will increase the stature of the City. He said he did not fully agree that enlarging square footage would upgrade the value. he suggested getting committments from developers but this has not happened in the past. He also noted that the whole idea was to upgrade the community and in the process upgrade the tax base. Mr. Bohjanen said he was afraid this proposal might create lower class and higher class areas. he said he was not sure this ordinance would upgrade the City. He felt the builders were doing a good job in upgrading housing. Mr. Bisel said he has high expectations for Lino Lakes. Many positive things have happened in the past few years but noted Lino Lakes has a limited amount of land for development. Mr. Miller has inventoried Lino Lakes housing and Lino Lakes does have plenty of starter type homes. He suggested Lino Lakes should start upgrading now and also look to commercial development to upgrade the tax base. Mr. Marier explained he has been around for a while now and has noticed that whenever an ordinance is changed some people are concerned and it is usually the same people. He noted that everything on the map is a proposed future use and what you have today is grandfathered in. Mr. Marier said he is fully in accord with this move for the same reasons noted by other Council Members. Mr. Rehbein said the Council still has not answered his question. Mr. Schumacher explained that Lino Lakes does not have much area left for development and must take advantage of these areas to provide the best tax base as possible. Mayor Benson explained the Council has spent a lot of time considering these changes and noted nothing is in concrete. If it does not work it can be changed. PAGE 10 1 1 1 COUNCIL MEETING JANUARY 25, 1988 Jim Funkhouser, 595 Marshan Lane - Mr. Funkhouser noted a sign on the Gethsemane Church property that says future site of new church. He asked if it is necessary to rezone to build a church? Mr. Miller said no. Mr. Funkhouser asked why it is being rezoned. He felt if it developed as a General Business zone the environment would be destroyed. Mike Winge, 590 Marshan Lane - Mr. Winge felt the Council had made it residential as a buffer and asked why change it now? Mrs. Anderson explained the property had been zoned commercial but was incorrectly rezoned in 1983. She noted that the church may decide to sell all of this property and relocate. Mr. Winge asked if the reason for the rezone is to increase the chance of a sale. Mayor Benson said this action is to correct a 1983 error. Jerry Clausen, 6109 Baldwin Lake Road - Mr. Clausen said he was not notified of any impending changes and asked why a flyer was not sent from City Hall to the entire community explainging the proposed changes. Mayor Benson explained that such action would require a great amount of staff time and Mr. Bisel noted this is why this City needs more coverage in the newspapers. Mr. Reinert moved to continue the Council meeting until 10:45 P.M. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to table further consideration of Ordinance No. 01 - 88 until the next Council meeting. This motion did not receive a second. Mr. Reinert asked Mr. Uhde what the lot widths were in his subdivision. Mr. Uhde said 75 feet and explained his homes sell from about $90,000 to $180,000. He said he could not put a three car garage on his lots. Mr. Marier noted Mr. Uhde's subdivison would be grandfathered with the smaller lot widths. Mr. Schumacher said it appears that people think if they are in an executive housing area they must subdivide their lots. Mr. Meadows said this was not as much of a question as lot sizes. Mr. Reinert told Mr. Meadows that the soils must pass a perk test or it cannot be subdivided and conceivably this could restrict houses to one per ten acre. Mr. Meadows said if this is true why not just leave the zoning as it is. Mr. Nice said he objected to the arbitrary decision to go to two and one half acre lot sizes. Mr. Reinert said this was 163 164 COUNCIL MEETING JANUARY 25, 1988 not done arbitrarily, a Task Force considered this for months. Mr. Nice asked what is the critera for two and one half acres? Mr. Reinert said soil conditions will determine this. Mr. Reinert moved that item number one of Mr. Miller's memorandum reduce lot width in the R -1 district from 90 feet to 80 feet as recommended by the P & Z Board be adopted, item number 2, reduce the minimum size of a split foyer /entry house outside of the "X" district be denied and remain at 980 square feet as recommended by the Planner and item number 3, reduce the minimum width of lots in the R -1X districts from 95 feet to 90 feet as recommended by the P & Z Board be adopted. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Bisel moved to adopt the first reading of Ordinance No. 01 - 88 with all other changes recommended by the P & Z Board. Mr. Marier seconded the motion. Voting on the motion, motion carried with Mr. Bohjanen voting no and Mayor Benson voting yes. This item will appear on the February 8, 1988 Council Agenda. Mr. Rehbein asked what happens if three Council Members vote against the ordinance. Mr. Hawkins explained four of the five Council Members must vote for the ordinance otherwise it fails. Ordinance No. 01 - 88 can be found attached to the end of these minutes. Public Hearing, Ed Vaughan, Conditional Use Permit, Game Farm - Mayor Benson opened the public hearing at 10:28 P.M. Mr. Miller explained that Mr. Vaughan has requested a conditional use permit (CUP) to operate a game farm at 1403 Birch Street. The P & Z Board has reviewed this request and has recommended approval with twelve conditions. Brandon Curtis, 6595 Gaage Lane - Mr. Curtis asked how will the number of people hunting be controlled? Is this a club or is it opened to the public? Mr. Vaughan said this would be controlled through membership and it is open to the public until membership reaches 100. Mr. Vaughan noted the closest residence is a quarter of a mile from the hunting site. Mr. Curtis said he was opposed to bringing in hunters from other communities. He said it will sound like a war zone and will down grade the value of his home. PAGE 12 1 1 COUNCIL MEETING JANUARY 25, 1988 Mike Mastro, 1553 LaMotte Road - Mr. Mastro noted that Mr. Vaughan's property adjoins the Metro Park property and expressed concern because people cross country ski and use the park for other purposes and there could be an accident. He said he was not in favor of this request. Mr. Mastro was concerned other wildlife will be shot and noted an incident about a year ago where his neighbor was bow hunting and he was harrassed by youngsters on three wheelers who said they were watching out for Mr. Vaughan's property. Charles Babcock, 6440 Joyer Lane - Mr. Babcock said he hears shooting all of the time. He explained his is a nature photographer and spent two and one half years looking for his property and did not want hunting in his back yard. Mr. Babcock asked for an environmental impact study. He felt granting this permit would lead to dog kennels and skeet shooting. Don Casanova, 6514 Joyer Lane -- Mr. Casanova said that he was not a hunter and was not real familiar with Mr. Vaughan's request and asked what would happen if the playground is constructed on the school property as proposed. Some -one could be injured. Rebecca Chamberlain, 6813 Black Duck Circle - Mrs. Chamberlain asked how many members were currently registered. Mr. Vaughan said twenty seven. Francis Bernier, 1430 Karth Road -- Mr. Bernier noted the permit has not yet been approved but he hears shooting often. Tom Wilharber, 6849 Centerville Road - Mr. Wilharber asked what is the minimum acreage for a game farm and Mr. Vaughan said 100 acres. Mr. Wilharber asked what action will be taken to keep the game on Mr. Vaughan's property? Alwin Klimek, 1390 Karth Road - Mr. Klimik said Mr. Vaughan is a good stewart of the land and grows a buffer of corn for the deer. He noted when game birds fly off of Mr. Vaughan's property the hunter cannot pursue it. He said he was in favor of the game farm. Andy Cardinal, 6657 Centerville Road - Mr. Cardinall explained Mr. Vaughan's property adjoins two sides of his property and he has planted birds for hunters. Although he is not a hunter he said he was in favor of the game farm. 165 166 COUNCIL MEETING JANUARY 25, 1988 He noted the birds may fly off Mr. Vaughans property, but that makes more birds for other hunters to shoot. John MacDonald, 6901 LaMotte Road - Mr. MacDonald said he walks his dogs in the County Park and noted Mr. Vaughan's property is not well defined. Signs are up now but they will not last long. He felt a six fo -ot high fence should define the game farm. Mr. Vaughan referred to Wild Wings Game Farm and explained that it is fenced similar to his property. Mr. Casanova said he did not think he could handle one hundred hunters shooting. Mike Houle, 1221 Birch Street - Mr. Houle said he appreciates nature and felt the game farm was a good thing. He noted if the birds are not shot, they repopulate the surrounding area. The type of fence Mr. Vaughan has allows wildlife to roam freely. Mr. Curtis expressed concern about the people coming out to hunt and asked whets to keep them from coming in from the public property adjoining Mr. Vaughan's property. Lee Roy Houle, 1221 Birch Street - Mr. Houle said that at no time is hunting allowed close to other property. If shots are heard at night some one is poaching. He also noted that most members are from 3M and are not out to destroy other property. All hunting is restricted to designated areas. Gregg Dufeck, 1410 Canfield Road - Mr. Dufeck said he was not opposed to the game farm. Steve Laughrin, 6595 Joyer Lane - Mr. Laughrin said there is no real problem, shooting is heard all the time. Julie Thell, 6482 - 12th Avenue - Mrs. Thell told the Council that she did not like shooting but she knows Mr. Vaughan and he is an enjoyable person and experienced in this area. Mr. Curtis said it was fine that people speak in behalf of the game farm, however he felt the issue at hand is the 'mulitiplication of people and bringing in nonlocals. The gun fire will multiply and we are talking about a great impact. Mr. Vaughan said that only one member has been out in the last three weeks. 1 1 1 1 COUNCIL MEETING JANUARY 25, 1988 Mayor Benson asked Mr. Vaughan when he got permission for the game farm. Mr. Vaughan originally he did not know a permit was needed. Mr. Kluegel informed him of this requirement. A gentleman from the audience said polution takes many forms and noise of this type is a pollutant and asked how would you like that noise in your neighborhood? A gentleman from the audience asked if there are certain times of the year when the traffic would be heavier? Mr. Vaughan explained from September 15th to March 31st. Mr. Mastro asked if the Council has considered banning hunting altogether? Mayor Benson said the Council has said that they will look at the hunting ordinance and look at different areas. Another man asked how this fits in with the overall zoning? Another person said that he would much rather see hunters than executive housing. Mr. Vaughan explained that when hunting is banned or whenever sewer and water is available, he will develop his property for housing. Mary Spiess, 6730 Partridge Place - Ms. Spiess asked about the park plans for the school property. Mr. Schumacher explained that bids had been received for site preparation only and they were rather expensive. The Park Board is still looking at this and may not proceed. Mr. Bisel moved to close the public hearing at 11:00 F.M. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Bisel moved to extend the Council meeting until the business at hand is finished. Mr. Bohjanen seconded the motion. Motion carried uanimously. Mr. Miller suggested to the Council that they may wish to look at limiting trap and skeet hunting, kennels, steel shot and restricting the hunting to particular areas. Mr. Reinert noted that CUP's are subject to annual review. He also referred to Mr. Miller's memorandum of December 12, 1987 and suggested this matter be tabled until Mr. Miller can answer some of the questions raised this evening. Mr. ' Bisel said that the letter from the Centerville City Council should also be considered. Mr. Reinert moved to table this item until the next Council meeting and direct Mr. Miller to draft some safe guards. t I63 COUNCIL MEETING JANUARY 25, 1988 Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson said the hunting ordinance should be considered in conjunction with this item. ENGINEER'S REPORT - RON STAHLBERG Mr. Stahlberg did not have a report. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. CONSIDERATION OF JOINT POWERS AGREEMENT WITH WHITE BEAR TOWNSHIP FOR THE CONSTRUCTION AND MAINTENANCE OF EAST ASH STREET Mr. Schumacher gave a brief background of this item and explained that Ramsey County has refused to accept responsibility for one half of the road. Approval of the Joint Powers Agreement will allow White Bear Township to assess Ramsey County. If Ramsey County should appeal the assessment, the matter would come back to this Council. Mr. Stahlberg noted that plans and specifications for this street have not been prepared. Mr. Hawkins explained this would be needed to determine Ramsey County's share of the costs. Mr. Marier moved to approve the Joint Powers Agreement as drafted. Mr. Reinert seconded the motion. Motion carried unanimously. A resolution ordering preparation of plans and specifications will be on the next Council Agenda. OLD BUSINESS Ordinance No. 23 - 87, Second Reading, Allowing a Longer Period of Time During Municipal Election Ballot Qualification - Mr. Bisel moved to approve the second reading and adopt Ordinance No. 23 - 87. Mr. Bohjanen seconded the motion. Motion carried unanimously. This ordinance can be found in the January 11, 1988 Council minutes. NEW BUSINESS PAGE 16 1 COUNCIL MEETING JANUARY 25, 1988 Consideration of Request to Renew Gambling License, VFW, Post 6583 Ladies Auxiliary - The council did not have any opposition to this request. Consideration of Petition Regarding Lot Size Reduction -- Mrs. Anderson explained that this petition was received at the regular P & Z Board meeting. The - petition is requesting the Council to consider changing Section 4, Subdivision 7, items 11E and 11F of the Zoning Ordinance to have a minimum lot size of three quarters of one acre and not one acre as it currently is. This will allow larger tool sheds and detached garages on slightly smaller lots. The Council asked Mrs. Anderson to verify the signatures on the petition. Mr. Miller said the P & Z Board will consider this at their next meeting. Mr. Bisel moved to adjourn at 11:25 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on February 8, 1988. MA L N INDERSON SON 169 110 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 01 - 88 AN ORDINANCE AMENDING ORDINANCE NO. 2 AND THE ZONING MAP OF THE CITY OF LINO LAKES BY INCREASING HOUSE SIZE RE9UIREMENTS, CHANGING LOT DEMENSIONS AND ADDING DESCRIPTIONS FOR FOUR NEW HOUSING DISTRICTS AND THE ELIMINATION OF ONE HOUSING DISTRICT AND MODIFICATION TO OTHER ZONING DISTRICTS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 6 SUBD. 2 "R" RURAL DISTRICT (3) Floor Area Requirements. The minimum outside dimension, floor area for single- family dwellings shall be as follows: DELETE: ADD: ADD: PAGE 1 Rambler (3 Bedroom) Rambler (2 Bedroom) 1 1/2 Story Split Foyer (foyer, stairs) 2 story 3 Bedroom Rambler 2 Bedroom Rambler 1 1/2 Story Split Foyer /Entry 2 Story 960 square feet 912 square feet 912 square feet 912 square feet 850 square feet 1050 square feet 980 square feet 980 square feet 980 square feet 850 square feet All dwellings shall have a double garage. SECTION 6 SUBD. 2A "R -X" RURAL EXECUTIVE RESIDENTIAL DISTRICT (1) Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comp- rehensive Plan and to serve the following functions. (A) To preserve productive land for agricultural use. (B) To maintain "open space" within and near urban areas. (C) To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 171 (D) To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. (E) To reduce the possibilities of rural -urban con- flicts in establishing types and levels of ser- vice, methods of financing the services and needs. - To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and others is a necessity. (F) To provide areas for high value, rural residences. (2) Lot and Yard Requirements. (A) Minimum lot size: 10 acres (B) Minimum lot width: 330 feet (C) Setbacks: (i) Front yard: 30 feet (ii) Rear yard: 30 feet (iii) Side yard (interior lot line): 10 feet (iv) Side yard (corner lot line): 30 feet (3) Floor Area Requirements. The minimum outside dimen- sion, floor area for single- family dwellings shall be as follows. Rambler 1260 square feet 1 1/2 Story 1092 square feet Split Foyer /Entry 1248 square feet 2 Story 1040 square feet Split Level - 3 Level Minimum 1248 square feet All dwellings shall have an attached double garage. PAGE 2 All basernE:ntless dwellings in this district shall be required to provide an additional 100 square feet of floor area to house utilities. shall be erected or (4) Height Regulations. lter No building (30) feet. These altered to exceed thirty ( other regulations to barns, silos, or regulations shall not apply farm buildings. no Permitted Uses. In the Rural R -}{) District, land shall be used or divided and no building or lanerected, converted, or struct- urally shall be provided herein, altered, unless otherwisell ovid uses. Also, uxael� occupy no for one or more of use of any land or or utilize shall Chang or utilize a newly constructed °endlitseacbessoryg except a single - family dwelling Certif- without first having obtained a buildings Occupancy and satisfied the requirements icae of OccuPSubdivision 4 and 6. of Section 5, Single- family detached dwellings Public parks (5) Golf courses Agriculture, gardening and sod farming Temporary stands for the products produced on the 4 Subd. 5 (13)). (F) Stock raising, dairying, and stables in with Lino Lakes Ordinance No. 82, Hobby (G) Home occupations as provided in Section 4. The following are conditional uses in t he (6) nio "RR --X" District (requires a Conditional Use n the upon the procedures set forth in and Permit based uP Subd. 4, Conditional Use regulated by Section 5, Occupancy as provided Permits) and Certificate of by Section 5, Subd. 6. sale of agricultural premises (see Section accordance Farms. 4, Subd. Cemeteries Wild game farms Gun clubs i 3 (D) Agriculture, gardening and sod farming (E) Temporary stands for the sale of agricultural products produced on the premises (see Section 4, Subd. 5 (13)). (F) Stock raising, dairying, and stables in accordance with Lino Lakes Ordinance No. 82, Hobby Farms (G) Home occupations as provided in Section 4, Subd. 4 (7) Accessory Buildings (see Section 4, Subd. 6, Accessory Buildings). DELETE SECTION 6, SUBD. 4 "E -R" EXPANSION RESIDENTIAL DISTRICT. SUBD. 4. "E -R" EXPANSION RESIDENTIAL DISTRICT DELETE: (1) Purpose. The purpose of this district is to allow for large lots, single- family residential development with on -site sewage disposal systems in areas which are planned to receive sewer sometime after 1990. Develop- ment will be encouraged to occur in such a manner as to not make it difficult to extend sewer into the area in the future. This transitional district is intended to provide limited opportunities for a low density, semi - rural, residential lifestyle for those who are willing to accept a lower level of urban and community service. Developments which do occur in this district prior to the availability of sewer, will be designed for future resubdivision, so as to permit economical installation of sewer at a later date. DELETE: (2) Lot and Yard Requirements. (A) Minimum lot size: 5 acres (B) Minimum lot width: 330 feet (C) Setbacks: (i) Front Yard: 30 feet (ii) Rear Yard: 30 feet (iii) Rear Yard (accessory building): 5 feet (iv) Side Yard (interior lot line): 10 feet PAGE 4 IP (v) Side Yard (carport or garage to interior lot line): 5 feet (vi) Side Yard (corner lot): 30 feet DELETE: (3) Floor Area Requirements. The minimum outside dimension, floor area for single- family dwellings shall be as follows. Rambler (3 bedroom) Rambler (2 bedroom) 1 1/2 Story Split Foyer (foyer, stairs) 2 Story 960 square feet 912 square feet 912 square feet 912 square feet 850 square feet All basementless dwellings in this district shall be required to provide an additional 100 square feet of floor area to house utilities. DELETE: (4) Height Regulations. No buildings shall be erected or structurally altered to exceed thirty (30) feet. These regulations shall not apply to barns, silos, or other farm buildings. DELETE: (5) Resubdivision Requirement. Any lot developed in this district and without sanitary sewer shall be planned for resubdivision. Buildings shall be located on such lot in a manner that easily allows for future resubdiv- ision. Prior to issuing a building permit, the Zoning Official shall review building location to ensure com- pliance with this requirement. DELTE: (6) Permitted Uses. In this "E -R" District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise pro - vided herein, except for one of the following uses. Also, all appropriate regulations and standards of Section 5, Subd. 4 (Site and Building Plan Review) and Subd. 6 (Certificate of Occupancy) must be sat- isfied. PAGE 5 (A) Single- family detached dwellings (B) Farm, limited (C) Public parks (D) Golf courses (E) Home occupations as provided in Section 4, Subd. 26 1 DELETE: (7) Conditional Uses. The following are conditional uses in the "ER" District and require a Conditional Use Per- mit based upon the procedures set forth in and regulat- ed by Section 5, Subd. 5. (Conditional Use Permits) and Certificate of Occupancy as provided by Section 5, Subd. 6. (A) Farm (B) Stock raising (not feedlots or confined feeding operations) (C) Commercial greenhouses or nurseries (D) Cemeteries (E) Commercial riding stables (F) Dog Kennels (see City Code, Licensing and Regulat- ion of Dog Kennels, and Licensing, Regulating and Keeping of Dogs) (G) Public buildings (H) Day care nurseries (I) Churches (J) Elementry schools (K) Airports, private and public ADD: SECTION 6, Subd. 4. "S -R" Suburban Residential District (1) Purpose. The purpose of this district is to allow for large lot, single- family residential development with on -site sewage disposal systems in area which are planned to receive sewer sometime after 1990. Development will be encouraged to occur in such a manner as to not make it difficult to ex- tend sewer into the area in the future. This transitional district is intended to provide limited opportunities for a low density, semi - rural, residential lifestyle for those who are willing to accept a lower level of urban and com- munity service. Developments which do occur in this district prior to the availability of sewer will be designed for future resubdivision.co as to permit economical installation of sewer at a later date. In special cases where the topography of the land is such that resubdivision is unlikely, the location of dwellings is not to be limited. PAGE 6 6 (2) Lot and yard Requirements. (A) Minimum lot size: (B) Minimum lot width: (C) Minimum lot depth: (1)) Setbacks: (i) (ii) Rear Yard: (iii) Rear (iv) Side (v) Side line): Front Yard: 2 1/2 acres 180 feet 330 feet 30 feet 30 feet Yard (accessory building): 5 feet Yard (interior lot line): 10 feet Yard (carport or garage to interior lot 10 feet (vi) Side Yard (corner (3) Floor Area Requirements. The single - family dwellings shall 3 Bedroom Rambler 2 Bedroom Rambler 1 1/2 Story Split Foyer /Entry 2 Story Split Level -3 level minimum lot): 30 feet minimum be as outside follows: 1050 980 980 980 850 980 square square square square square square floor feet feet feet feet feet feet area for All dwellings shall have an attached double garage. All basementless dwellings in this district shall be required to provide an additional 100 square feet of floor area to house utilities. (4) Height Regulations. No buildings shall be erected or structurally altered to exceed thirty (30) feet. These regulations shall not apply to barns, silos, or other farm buildings. (5) PAGE 7 Resubdivision Requirement. Lots developed in this district and without sanitary sewer shall be planned for maximum density single - family resubdivision. Buildings shall be located on such lot in a manner that easily allow for future resubdivision. Prior to issuing a building permit, the Building Official shall review building locations to ensure compliance with this requirement. The Building 17 Official may determine that because of topographic con- ditions this requirement cannot be met. (6) Permitted Uses. In this "S -R" District, no buildings or land shall be used and no building shall be erected, con- verted or structurally altered unless otherwise provided herein, except for one of the following uses. Also, all appropriate regulations and standards in Section 5, Subd. 4 (Site and Building Plan Review-} and Subd. 6 (Certificate of Occupancy) must be satisfied. (A) Single - family detached dwellings (B) Farm, limited (C) Public parks (D) Golf courses (E) Home occupations as provided in Section 4, Subd. 26 (7) Conditional Uses. The following are conditional uses in the "S -R" District and require a Conditional Use Permit based upon the procedures set forth and regulated by Section 5, Subd. 5. (Conditional Use Permits) and Certificate of Oc- cupancy as provided by Section 5, Subd. 6. (A) Farm (B) Stock raising (not feedlots or confined feeding oper- ations) (C) Commercial greenhouses or nurseries (D) Cemeteries (E) Commercial riding stables (F) Dog kennels (see City Code, Licensing and Regulation of Dog Kennels, and Licensing, Regulating and Keeping of Dogs) (G) Public buildings (H) Day care nurseries (I) Churches (J) Elementary schools (K) Airports, private and public PAGE 8 1 3 ADD: SECTION 6, Subd. 4A "S - -RX" Suburban Executive Residential Dist- rict. (1) Purpose. The purpose of this district is to allow for high value single family residential development located on large suburban lots. On -site sewage disposal is allowed. In areas where public sewer and water will be available, devel- opment is expected to occur in a manner as to not make it difficult to extend sewer into rife area in the future. In special cases where the topography of the land is such that resubdivision is unlikely, the location of dwellings is not to be limited. (2) Lot and Yard Requirements. (A) Minimum lot size: 2 1/2 acres (B) Minimum lot width: 180 feet (C) Minimum lot depth 330 feet (D) Setbacks: (i) Front Yard: 30 feet (ii) Rear Yard: 30 feet (iii) Rear Yard (accessory building): 5 feet (iv) Side Yard (interior lot line): 10 feet (v) Side Yard (carport or garage to interior lot line): 10 feet (vii) Side Yard (corner lot): 30 feet (3) Floor Area Requirements. The minimum outside dimension, floor area for single- family dwellings shall be as follows: PAGE 9 Rambler 1260 square feet 1 1/2 Story 1092 square feet Split Foyer /Entry 1248 square feet 2 Story 1040 square feet Split Level - 3 Level Minimum 1248 square feet All dwellings shall have an attached double garage. All basementless dwellings in this district shall be re- quired to provide an additional 100 square feet of floor area to house utilities. 1 1 1 (4) I-Ieight Regulations. No building shall be erected or struct- urally altered to exceed thirty (30) feet. These regula- tions shall not apply to barns, silos, or other farm build- ings. Resubdivision Requirement. Lots developed in this district and without sanitary sewer shall be planned for maximum den- sity single- family resubdivision. Buildings shall be located on such lot in a manner that easily allows for future resubdivision. Prior to issuing a building permit, the Building Official shall review building locations to ensure compliance with this requirement. (6) Permitted Uses. In this "S -RX" District, no building or land shall be used and no building shall be erected, con- verted or structurally altered unless otherwise provided herein, except for one of the following uses. Also, all appropriate regulations and standards in Section 5, Subd. 4 (Site and Building Plan Review) and Subd. 6 (Certificate of Occupancy) must be satisfied. The Building Official may determine that because of topographic conditions this re- quirement cannot be met. (A): Single - family detached dwellings (B) Public parks (C) Golf courses (D) Home occupations as provided in Section 4, Subd. 26 (7) Conditional Uses. The following are conditional uses in the "S -RX" District and require a Conditional Use Permit based upon the procedures set forth in and regulated by Section 5, Subd. 5 (Conditional Use Permits) and Cert- ificate of Occupancy as provided by Section 5, Subd. 6. (5) (A) Farms (B) Public buildings (C) Churches (D) Elementary schools SECTION 6, Subd. 5 "R -1" Single - Family Residential District (2) Lot and yard Requirements DELETE: (A) Minimum lot size: 11,250 square feet PAGE 10 1 9 100 ADD: DELETE: ADD: ADD: Minimum Minimum Minimum Minimum lot size: 12,150 square feet lot width: lot width: lot depth: (4) Floor Area Requirements. floor area for single - family dwellings shall be as 75 feet 80 feet 135 feet The minimum outside dimension, DELETE: ADD: Rambler (3 Bedroom) Rambler (2 Bedroom) 1 1/2 Story Split Foyer, (Foyer, 2 Story Stairs) 3 Bedroom Rambler 2 Bedroom Rambler 1 1/2 Story Split Foyer /Entry 2 Story Split Level -3 Level Miminum 960 912 912 912 850 1050 980 980 980 850 980 square square square square square square square square square square square feet feet feet feet feet feet feet feet feet feet feet follows: All dwellings shall have an attached double garage. ADD: SECTION 6, Subd. 5A "R -1X" Single - Family Executive Resident- ial District. (1) Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single - family neigh- borhood with higher value homes. Density is meant to be suburban in character. The district is intended for development of detached homes on lots served with public sewer and water. (2) Lot and Yard Requirements. (A) Minimum lot size: (B) Minimum lot width: (C) Minimum lot depth: (D) Setbacks: (i) Front yard: (ii) Rear yard: (iii) Rear yard: (accessory PAGE 11 12,825 square feet 90 feet 135 feet 30 feet 30 feet building) 5 feet (iv) Side yard: (interior lot line) 10 feet. (v) Side yard: (corner lot -all structures): 30 feet (vi) Side yard (interior lot line - carport, garage or accessory building) 10 feet (3) Floor Area Requirements. The Minimum outside dimension, floor area for single - family dwellings shall be as follows: Rambler 1 1/2 Story Split Foyer /Entry 2 Story Split Level - 3 Level Minimum 1260 square feet 1092 square feet 1248 square feet 1040 square feet 1248 square feet All dwellings shall have an attached double garage of a minimum 600 square feet. All basementless dwellings in this district shall be re- quired to provide an additional 100 square feet of floor area to house utilities. (4) Height Regulations. No building shall be erected or struct- urally altered to exceed 30 feet. Permitted Uses. In the "R -1X" 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 of the following uses. Also, all appropriate regulations and standards in Section 5, Subd. 4 (Site and Building Plan Review) and Subd. 6 (Certificate of Occupancy) must be satisfied. (5) (A) Single- family detached dwellings (B) Home occupations as provided in Section 4, Subd. 4 (6) Conditional Uses. The following are conditional uses in the "R -1X" District and require a Conditional Use Permit based upon the procedures set forth in and regulated by Section 5, Subd. 5 (Conditional Use Permits) and Certif- icates of Occupancy as provided by Section 5, Subd. 6. (A) Churches (B) Elementary schools PAGE 12 2 (C) Cemeteries (D) Public parks (E) Golf courses (7) Sanitary Sewer. district without No construction shall be permitted public sanitary sewer and water. SECTION 6, Subd. 6 "R -2" Two - Family District (2) Lot and Yard Requirements. DELETE: (A) Minimum lot ADD: Minimum lot feet (A) Minimum Minimum feet DELETE: (B) Minimum Minimum ADD: (B) Minimum minimum ADD: (C) Minimum Minimum DELETE: (C) Setbacks ADD: (D) Setbacks (7) Minimum Building Size. in this size (two - family): 15,000 square feet size (single- family): 11,250 square lot size (two - family): 17,550 square feet lot size (single - family): lot width (two - family) lot width (single - family) lot width (two - family) lot width (single- family) lot depth (two- family) lot depth (single- family) 12,350 square 100 feet 75 feet 130 feet 95 feet 135 135 feet feet (A) Floor Area Requirements.. The minimum outside dimen- sion, floor area for single - family dwellings shall be as follows: DELETE: Rambler (3 Bedroom) Rambler (2 Bedroom) 1 1/2 Story Split Foyer (foyer, stairs) 2 Story ADD: PAGE 13 3 Bedroom Rambler 2 Bedroom Rambler 1 1/2 Story 960 912 912 912 850 1050 980 980 square square square square square square square square feet feet feet feet feet feet feet feet 1 Split Foyer /Entry 2 Story Split Level - 3 Level Minimum 980 square feet 850 square feet 980 square feet All dwellings shall have an attached double garage. (B) Two- family Dwellings. DELETE: ADD: Each living quarter shall have a minimum of eight hundred (800) square feet of floor area. Each must have a private front and rear entrance. Duplexes must have a minimum of sixteen hundred (1600) square feet of floor area. Each living quarter shall have a minimum of 1050 square feet of floor area Each unit must have a private front and rear entrance. Duplexes must have a minimum of 2100 square feet of floor area. This Ordinance shall be in full force and effect form and after its passage and publication according to City Charter. c7 Cyr -e-C civa Marily G. Anderson, Clerk- Treasurer PAGE 14 Benja''n G. Benson, Mayor