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HomeMy WebLinkAbout03/14/1983 Council Minutes1 March 14, 1983 9 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., March 14, 1983 by Mayor Benson with all members present. Mr. Hawkins, Mr. Schumacher and Mrs. Sarner were also present. Mr. Short arrived later. MINUTES - FEBRUARY 28, 1983 On considering the minutes, Mrs. Elsenpeter asked if a copy of the State of the City Address made by Mayor Benson would be attached and the Clerk said, Yes. Also, on page 5, second paragraph, - the vote should read :Mr. Marier and Mr. Kulaszewicz voted, No." Mr. Marier moved to approve the minutes as corrected. Seconded by Mr. Kulaszewicz. Motion carried unanimously. DISBURSEMENTS - FEBRUARY 28, 1983 /MARCH 14, 1983 Mrs. Elsenpeter moved to approve the disbursements of February 28, 1983 as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Marier moved to approve the disbursements of March 14, 1983 as present- ed. Seconded by Mr. Kulaszewicz. Motion carried unanimosuly. OPEN MIKE There was no one to speak under this agenda item. RESOLUTION ##83 -11 - REQUESTING M.S.A. MAINTENANCE FUNDS Mr. Schumacher presented the following Resolution for Council actions explaining the necessity. Mr. Marier requested Mr. Schumacher to read the following Resolution: WHEREAS, the City of Lino Lakes has been allocated Minnesota State Aid funding by the Minnesota Department of Transportation for 1983, and WHEREAS, these funds include $17,465.75 for the use of maintaining the City's Minicipal State Aid Road System, NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes;: City Council hereby requests the Minnesota Department of Transportation to forward the City's Minicipal State Aid Maintenance allocation thus allowing the use of the funds to be expended in 1983. Adopted by the Council this 14th day of March, 1983. Edna L. Sarner, Clerk Mr. Marier moved to approve the Resolution as presented. Seconded by 10 March 14, 1983 Kulaszewicz. Motion carried unanimously. SETTING A PUBLIC HEARING ADOPTING CITY CODE Mrs. Elsenpeter moved to set a Public Hearing for adopting the City Code for April 11, 1983 at 7:30 P.M. Notice to be published two weeks in all three papers and to include publication of the Table of Contents. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OPTIONS FOR THE PUBLICATION OF MINUTES Mr. Schumacher presented his research into the cost of publishing the minutes, either verbatium or as a summary. Some of the papers charge by the line, some cahrge by column inch and some by type styles. After some discussion on this matter, Mayor Benson suggested that the minutes of February 28, 1983 be used as an example and each paper be asked the charges for printing - both ways. REQUEST FOR FUNDS FOR LOBBYING FOR HORSE RACING FACILITY Mr. Schumacher explained this request comes from the Chamber of Commerce and the funds are to be used to finance the lobbying to locate the rac- ing facility in the North area. There is also a group that is seeking to have the facility in Dakato County. After some discussion, Mr. Marier moved to write to the Chamber saying that this Council fully supports them, however, at this time, due to limited funds support is impossible. Anything in the future would be appreciated. Seconded by Mrs. Elsenpeter. Motion carried unanimously. PUBLIC HEARING - SPECIAL USE PERMITS - #27/81 -05 The Public Heaing on these Special Use Permits was opened at 7:30 P.M. Mayor Benson stressed that this is a hearing on just the special use permit and has no bearing on the zoning. The conclusion of the Judge was noted that these special use permits are valid and the Home Owners Association did not file an appeal. This hearing is the review of the special use permit that had been tabled until the judge's decision had been issued. Mr. Hawkins reviewed the case history of this case and made reference to some points in the Judge's decision. His legal opinion was that El Rehbein & Son have vested rights in that property and should be allowed to proceed with construction. Mayor Benson asked for comments from the audience and Dave Cody asked to speak. Mr. Cody went through the history of this case and felt the only thing to be discussed at this hearing was the special use permit 81 -05 and whether that permit is still valid. Mr. Cody pointed out that since the permit has been issued there has never been a legal constraint issued to prevent the construction of homes. He then referred to Ord. #56, Subd. 6.21, which sets the time March 14, 1983 11 limits for construction. He then pointed out that no form of construction has been done on those sites to this date. Mr. Cody then proceeded to difine the word 'construction' citing several sources including Webster's Dictionary. He concluded that the word 'construction' means the actual ground breaking. He informed the Council that the only reason homes were not constructed was due to financial reasons - he simply did not want to lose a lot of money. Mr. Jerry Blackbird pointed out that he had applied for the installation of utilities and the decision on the bonds had been delayed by Council action until the Judge's decision had been andned down. He also pointed out that there has been much work done on those lots to include a storm sewer installation. Mr. Marier asked why the soil samples were taken and Mr. Blackbird said they were necessary to gain FHA and VA financing. This work was started in November of 1981, Mayor Benson asked Mr. Short his opinion what the word 'construction' means. Mr. Short said he had researched ordinances in his office and could not find a definition. He felt that planning could be a part of the process. Mrs. Elsenpeter felt that the decision of the Council to delay the installation of the utilities until the Court had made a decision and homes could not be constructed without the utilities, could not be con- sidered as a delay by the contractor. Mr. Hawkins spoke on 6.21 since he felt that this is what the Coury would focus on. He felt this is a question of how much activity is done in order to have a vested right to continue. Mr. Hawkins felt this would apply to all areas such as platting, rezoning, etc. He felt this developer has more than fulfilled his obligations in order to be able to continue this work. Mr. Hawkins pointed out that the Special Use permit was issued to Outlots and there was the necessity of platting those outlots, which has been done. There is also the matter of the soil borings that have been doen in the area and the installation of the storm sewer. He felt confident that enough work had been done in the area to give this developer enough vested rights to be allowed to continue the work that has been started. Mr. Marier pointed out then :6.21 section that talks about the time frame and that as far as he knows, no actual construction has been done in that area. Mr. Marier referred to the petXtin on the agenda for the installa- tion of utilities in that area. He felt this City is in no position to pay for this type of installation. Mrs. Elsenpeter felt the discussion of the utilities has no part in this discussion. She felt that since the Court had declared this special use permit valid, that why should the developer be forced to apply for a new special use permit, which this Council would have no valid reason for denying, why should the developer and the City be forced to go through all this red tape? 12 March 14, 1983 Mr. Larry Johnson from the audience, felt that it would be useless to present an application for a special use permit for multi - family homes in that area, since, in his opinion, the Planning and Zoning Board would not recommend approval. Mr. Hawkins pointed out some case laws in which the developers with less activity than this developer has done, has won in Court and allowed to continue his project. Mr. Kulaszewicz felt that even though the Courts have said the Special Use Permit is valid, no construction has taken place, and therefore, if other Special Use Permits have been revoked due to no construction . within a 12 month period, then in order to be consistent this permit must also be revoked. Mr. Blackbird felt that the Special Use Permit #81 -05 was issued to satisfy the Court and was issued to unplatted lands with the under- standing there would be time allowed to plat the land. Mr. Balckbird, said, that at no time has the developer not proceeded with the development of that property. Mr. Marier moved to close the Public Hearing at 8:27 P.M. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. Mayor Benson summarized the discussion noting the points that had been put forth adding his own definition of the word 'construction' as follows: Planning process began in 1979 as questioned by Mr. Marier and stated by Mr. Blackbird. In February 1980 Special Use Permit #27 was used by El Rehbein Developers for this project. 3 years and no construction. In January 1981, Special Use Permit #81 -05 was issued to Rehbein to replace #27 - 2 years , no construction. Section 6.21 of Ordinance #56 was read and discussed as the basis for the Council's decision. It clearly states 'construction to begin within 12 months and be substantially complete within 3 years. April 12, 1982, Mr. Blackbird states no legal restraint prevents Rehbein from building. Also, that the land will not go to waste. October 10, 1981 Mr. Locher, Attorney, made a similar statement. Developer chose not to build because economy and pending lawsuit. City Planner construed construction to mean actual ground breaking. Lino Lakes Building Inspector indicated to me no construction has taken place, in his opinion. Webster's New World Dictonary, 2nd Edition of the Americal Language states: Planning 1) a drawing or diagram showing the arrangement in horizontal sections of a structure. 2) Project - design - schedule method of proceeding, outline or sketch. 1 1 Construction 13 March 14, 1983 3) to devise a scheme for doing, making, or arrangeing - to make plans. 1) to act or process of constructing 2) the way in which something is constructed, manner or method of building. 3) Something constructed, structure, building 4) a three dimensional work of art constructed of more than one material. Building 1) Anything that is built with walls and a roof, as a house, factory, structure. City is not obligated to put in utilities for the developer. They certainly could have gone forward on their own. If the developer felt he would not meet the time table set out in Section 6.21 that maybe a rezone would have been the more proper avenue. Developer is now talking of a phase in project. Nothing stopping developer from applying for a new permit. I On Nov. 22, 1982, on the advise of our City Attorney, Mr. Hawkins, the Council revoked two permits. One hald by A.T. Gerarman in which costs, plans and activity had taken place, and one held by El Rehbein. When the City's ordinances and been interpreted by prior Councils, I believe they interpreted construction to mean actual ground breaking or building and planning to mean everything prior to construction. That's the main reason why some Council members disagreed with the opinion of our City Attorney. The Council talked about planning and construction and interpreted 6.21 or ordinance #56 accordingly. The City on a regular basis has reviewed special use permits and acted when and where necessary. Reinforcting their position to administer special use permits equally. I summned up the findings of fact by saying, I think 6.21 of Ordinance #56 clearly dictates under what circumstances we should decide the issue of permit #81 -05. Mrs. Elsenpeter felt that the Special Use Permits and Zonigs will need to be looked at again, since there are about 10 that are on the books and nothing has been done since they were issued many years ago. Mr. Marier felt the other 10 or so should be looked at and this should be put on the agenda for March 28, 1983. Mr. Marier moved to void Special Use Permit #81 -05 and revert it back to it's original zoning prior to the zoning that was requested and and leave it open for any other application to be make without any other decision input - to handle the input at that time. Seconded by Mr. Kulaszewicz. 14 March 14, 1983 Mayor Benson called ro a roll call vote on this question. The voting was as follows: Mr. Marier, Aye; Mr. Kulaszewicz - Aye; Mr. Reinert - Aye; Mrs. Elsenpeter, No; Mayor Benson - Aye. Motion carried with a 4 to ii vote.. Mayor Benson noted that Special Use Permit #27 is also on the agenda and action should be taken on that permit also. Mr. Reinert moved to void Special Use Permit #27. Seconded by Mr. Marier. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened at 8:50 P.M. PUBLIC HEARING ON ZONING MAP AND ZONING ORDINANCE. Since the Planning and Zoning Board has not completed their review of the Work done on these documents by the Task Force, Mayor Benson re- quested this item be tabled. Mr. Marier moved to table Agenda Item #8. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ATTORNEY's REPORT Mr. Hawkins had no report at this time. OPTIONS FOR CONSTRUCTION OF SENIOR CITIZEN's CENTER Mr. Schumacher reported on the two questions from the last Council meeting. 1) on the requiring of local labor on this project. This is permitted and encouraged by the Federal Rules. The other question delat with a time frame with construction and Mr. Schumacher had forwarded a construction schedule as prepared by Mr. Vogt. Mr. Marier asked about the possibility of dedicating this money back into a road project - this has not been addressed. Mr. Schumacher said this could be done, however, there are requirements that must be met as to qualifications. Mr. Schumacher felt that this would have to be a very large project in order to get enough perosns to qualify in the low and moderate income bracket. Mr. Marier felt that a large portion of the senior citizens live in a compacted area of the City and he felt this should be explored. Mrs. Elsenpeter felt that in order to research this it would be necessary to have the project planned and to know what the assessments would be, Mr. Marier felt there was an area of 100% of persons who would qualify in a 3% mile section of road. Mrs. Elsenpeter asked if Mr. Marier knew of such a road and he said he did. When asked how he knew, Mr. Marier said he did the survey heself. 1 March 14, 1983 15 Mr. Marier felt the Senior Center was premature, that the Seniors don't wnat it, they are concerned with additional taxes and assessments. Mrs. Elsenpeter asked Mr. Schumacher if this building could be designated as a Senior Center /Teen Age Center? It was suggested that the papers publicize this proposal and ask for input from the Senior Citizens - either by note or call to one of the elected officials. Mr. Marier moved to table this matter. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CLERK's REPORT The Clerk reported that she had received a Bingo application from St. Joseph's Church for the date of March 27, 1983; August 14, 1983 and November 20, 1983. Mr. Marier moved to approve this application. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Clerk reported that the office had checked with teh County on the spelling of the street that had been questioned at the last Council meeting. The County has the spelling recorded on the plat as "Laurene." That is the was it is spelled on the street sign and that is the spelling that was questioned. The person who quwstioned the spelling has been informed of the findings of the office. OLD BUSINESS There was no old business for discussion. NEW BUSINESS Mrs. Elsenpeter asked if there would be any special notices mailed in conjunction with the new zoning map and zoning ordinances and the Clerk said, No. Mayor Benson reminded the Council of the Joint Fire Study meeting and of the League meeting in June. Mrs. Elsenpeter said she had received a copy of the draft ordinance for the Cable TV and one should be received at the City offices soon. Mr. Hawkins should be receiving a copy and Mrs. Elsenpeter felt this should be checked by Mr. Hawkins before bing on the agenda. Mr. Marier moved to adjourn at 9:15 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on March 241, 1983. Edna L. Sarner, Clerk Aar 11, njami G. Benson, Mayor