12/16/2002 Council Minutes - Laserfiche WebLink

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• APPROVED COUNCIL MINUTES DECEMBER 16, 2002 Mr. Mark Paulson came forward and stated they are building right now. He indicated he agrees that this issue needs to be discussed further. He asked if a temporary restraining order could be put on the building. That would be in the best interest of the City and the neighbors. Time is needed to figure out what is actually being built. He asked for a motion to put a temporary hold on the construction. A hold on the construction is also in the best interest of what may be built there in the future. Acting Mayor Reinert stated there might be legal issues with putting a temporary hold on construction. City Attorney Sullivan advised the Council does not have the authority to stop the construction this evening. Staff should look into the issue and determine if action should be taken. City Administrator Waite Smith advised the neighborhood does have the option of asking the developer to voluntarily stop the construction to clear up the outstanding issues. Acting Mayor Reinert advised staff to look into this matter and have all information ready for further discussion at the next Council work session. Mr. Paulson stated that unless action is taken this evening it would be too late. The water in the area is rising. He stated he believes the Council does have the authority to stop this temporarily. This would not have even been an issue if residents had been informed about what was going on. • Acting Mayor Reinert stated there is a process the City must take to investigate this matter. • Councilmember O'Donnell stated he is also concerned about the enormous amount of dirt and fill that is being brought to the site. City Engineer Studenski stated there is a large amount of material needed for the design of the site. Acting Mayor Reinert advised the Council would not take action this evening. This matter will be put on the January 8, 2003, Council work session agenda. He invited the neighborhood to attend that meeting. Ms. Heness came forward and stated she is very disappointed. Mistakes have been made and the City did not look at the neighborhood before the site plan was approved. The Council is covering their tracks. The Council is responsible to correct the City's mistakes. Councilmember Carlson stated she has lived in Lino Lakes for 29 years and does know the neighborhood in question. She stated she reviewed the ordinance, visited the site and read all the information when she became aware of this issue. There are no legal issues at this time. She stated she was also at the Planning and Zoning Board meeting and staff did an excellent job on the report. She stated she does not see any mistakes that have been made. She indicated her only concern is the elevation and grading. The size of the structure and lot far exceed the zoning ordinance minimum requirements. When the structure is finished it will be consistent with both R-1 and R -1X zoning. She added the neighborhood will be neighbors with the people and she was very disappointed with 4