01/12/2004 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES JANUARY 12, 2004 APPROVED 1 Councilmember Carlson explained that Circle Pines gives Lino Lakes the 7% franchise fee so the •2 charge that Circle Pines has placed on the Lino Lakes customers isn't going into the general fund, the 3 7% franchise fee is. She noted the utility charges the customers in order to recover some additional 4 funding which was not part of the original agreement. 5 6 Mayor Bergeson stated that is a fine point and the City has been told the amounts are about equal. He 7 agreed the Utility pays Lino Lakes 7%. 8 9 Councilmember Carlson asked if the City agreed to cap the agreement so Lino Lakes customers 10 wouldn't be charged as much. But, the Utility wouldn't agree to that. 11 12 Mayor Bergeson stated it is correct that the City offered to cap the agreement if they would not charge 13 the Lino Lakes customers more than other customers. 14 15 D. Consideration of Resolution No. 04-01, Denying Comprehensive Plan Amendment, Jeff 16 Smyser 17 18 Mayor Bergeson noted the revised recommendation of Staff. 19 20 City Planner Smyser advised that the applicant has withdrawn the application for a Conditional Use 21 Permit/Planned Unit Development and Stage Plan application so the Council is only addressing the 22 Comprehensive Plan amendment. 23 24 City Planner Smyser summarized the Staff report, indicating the Planning & Zoning Board and Staff • 25 recommend the Council adopt the revised draft resolution, which would deny the request for a 26 Comprehensive Plan Amendment. 27 28 Mayor Bergeson confirmed with the applicant their intent to withdraw the application for the 29 Conditional Use Permit. 30 31 Ron Fuchs, representing the Hokanson Family Partnership, stated that is correct and submitted a 32 written request to do so. He stated that they have withdrawn the Conditional Use Permit, Planned 33 Unit Development and Development Stage Plan/Preliminary Plat, but are proceeding with the 34 Comprehensive Plan amendment application based upon the merits submitted to the City. 35 36 Mr. Fuchs stated the subject property was initially stubbed into the infrastructure of the Marshan 37 project. He displayed an aerial photograph of the subject site and described the surrounding 38 development with single-family units, back-to-back units, and townhomes to the west, and 39 commercial development to the south. He reviewed the context of how the site was built out, in tiers, 40 with the vast majority being within the Marshan Lake shoreland district. 41 42 Mr. Fuchs stated they are requesting the Comprehensive Plan amendment because they believe there 43 is an error and the current zoning is ideal because of the higher density and commercial zonings in the 44 area. He stated they recently received a rezoning of the four -acre parcel to bring it into compliance, 45 which they feel is in error with the Comprehensive Plan. He stated the balance of the 38 acres is 46 guided for medium density but they have not received application for a rezoning on that property. He 47 stated he finds it interesting that this is being rezoned to bring it into balance but the rest of the • 48 property is not being rezoned. 6