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199 <br />SPECIAL COUNCIL MEETING JULY 17, 1989 <br />Mayor Benson called a special meeting of the Lino Lakes City <br />Council to order, Monday, July 17, 1989 at 7:06 A.M. Council <br />Members present: Neal, Bohjanen, Bisel. Mr. Reinert arrived <br />several minutes later. City Attorney, Bill Hawkins; Planner, <br />John Miller; Administrator, Randy Schumacher and Clerk - <br />Treasurer Marilyn Anderson were also present. <br />Mayor Benson explained the purpose of the meeting was to <br />write the findings of fact for the denial of the rezone <br />request for D. Erickson's Willow Pond. <br />Mr. Schumacher explained that at the June 26, 1989 Council <br />meeting, the Council on a two to two vote denied the rezoning <br />of the property purchased by Mr. Erickson and planned for a <br />townhome PUD development. The Council did not offer any <br />findings of fact at that time and Mr. Erickson's attorney has <br />written to the Council requesting that findings of fact be <br />made part of the denial of the rezone request. <br />Mr. Schumacher explained that he had given the Council a copy <br />of a similar case involving the City of Maplewood. He noted <br />that the Council should clearly note the findings of fact to <br />avoid the possibility of legal action by Mr. Erickson. Mr. <br />Reinert asked Mr. Hawkins if there was a pending lawsuit at <br />this time. Mr. Hawkins said no. Mr. Reinert felt that an <br />impending lawsuit would not be an issue at this time. <br />Mr. Hawkins said he felt this was an unusual case. He <br />referred to a particular case involving the City of Coon <br />Rapids. He felt that this Coon Rapids case clearly points <br />out that in order to protect itself, this City must set out <br />it reasons for denying the rezone request. <br />Mr. Bisel said he felt that findings of fact should come from <br />the Council Members who voted against the rezone. Mr. <br />Hawkins said the City could use wide discretion but must have <br />a rational basis. <br />Mr. Reinert addressed Mr. Hawkins and said he felt that there <br />was a strong bias by the City Staff for this project and <br />there was atotal lack of communication between the Staff and <br />the Council. He felt even the argument regarding the <br />Comprehensive Plan falls apart. Mr. Hawkins said he has <br />counseled the Staff regarding writing the findings of fact. <br />Mr. Reinert asked Mr. Hawkins if he believes the City runs <br />the risk of a restraining order. Mr. Reinert said that it <br />appears to him that there is a strong bias from the Staff <br />rather than a legal opinion. Mr. Hawkins said that he feels <br />strongly this is appropriate and the Council would not want <br />Mr. Miller to be "wishy /washy" on the matter. <br />Mr. Bisel said he would not remain at this meeting if the <br />Council was going to be accusing the Staff of performing <br />their duties inappropriately. He felt members of the Council <br />