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1 <br />1 <br />9 <br />COUNCIL WORK SESSION JULY 10, 1989 <br />twin city housing analysis firm and they have indicated the proposal <br />should be approved, it will not have adverse affects on the surrounding <br />area, the design is good, the buildings show strong architectural <br />detail and will have good curb appeal. They said there is no reason to <br />deny the rezone request and it will be a complete benefit to Lino <br />Lakes. <br />Mr. Neal asked if the City would have to reimburse Mr. Erickson for <br />some or all of his investment in the property? Mr. Miller explained <br />that if Mr. Erickson feels that he has been led down the "primrose <br />path" he then could take the matter to court. <br />Acting Mayor Reinert asked if Mr. Erickson was aware of the zoning at <br />the time he purchased the land? Mr. Miller said yes and the staff <br />recommended that Mr. Erickson pursue the PUD zoning. Acting Mayor <br />Reinert asked why he did not come before the Planning and Zoning Board <br />and the City Council to request a rezone before he invested the money <br />on plans? Mr. Miller explained that when a rezone is requested the <br />City Code requires a concept plan for the area before the request is <br />submitted to the Planning and Zoning Board. The PUD zoning request <br />requires all of the material that has been submitted by Mr. Erickson. <br />He followed the correct procedure. <br />Mr. Schumacher explained that the issue is that we have the request <br />from Mr. Erickson to provide the findings of fact or reconsider the <br />request. Mr. Schumacher recommended that the Council meet in closed <br />session with the City Attorney and decide how the matter should be <br />handled. <br />Acting Mayor Reinert said he felt that when Mr. Erickson came before <br />the Planning and Zoning Board with his subdivision of D. Erickson's 2nd <br />Addition, he led the Board to believe that he would build upscaled <br />housing. This did not happen and he felt that Mr. Erickson had misled <br />the City with this development. Mr. Bisel commented that is why Willow <br />Ponds was requested to be zoned PUD. This allows the City greater <br />input into the development. Acting Mayor Reinert said that the good <br />faith issue goes both ways. Mr. Bisel noted regardless, the City <br />cannot deny the rezone without providing the findings of fact. Acting <br />Mayor Reinert said the findings of fact speak for themselves, the Comp <br />Plan is in place and this area is not designated multiple family in <br />that document. <br />Mr. Bohjanen asked if the staff took into consideration that sewer is <br />available. Mr. Miller said yes and this property is being assessed for <br />the trunk mains. Mr. Stahlberg has estimated that this property will <br />generate approximately $153,000 in connection fees and area charges. <br />This will help take care of the first one half of the assessment. <br />Mr. Miller explained that he has requested some financial data from <br />other staff members. The Building Inspector has estimated that the <br />General Fund will realize about $75,000 in building permit fees. The <br />Assesser has indicated that each dwelling will generate about $1,000 a <br />year in property taxes. Mr. Miller also noted that the Comp Plan <br />indicates that if sewer is available the Council has the option to <br />