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HomeMy WebLinkAbout07/17/1989 Council Minutes199 SPECIAL COUNCIL MEETING JULY 17, 1989 Mayor Benson called a special meeting of the Lino Lakes City Council to order, Monday, July 17, 1989 at 7:06 A.M. Council Members present: Neal, Bohjanen, Bisel. Mr. Reinert arrived several minutes later. City Attorney, Bill Hawkins; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. Mayor Benson explained the purpose of the meeting was to write the findings of fact for the denial of the rezone request for D. Erickson's Willow Pond. Mr. Schumacher explained that at the June 26, 1989 Council meeting, the Council on a two to two vote denied the rezoning of the property purchased by Mr. Erickson and planned for a townhome PUD development. The Council did not offer any findings of fact at that time and Mr. Erickson's attorney has written to the Council requesting that findings of fact be made part of the denial of the rezone request. Mr. Schumacher explained that he had given the Council a copy of a similar case involving the City of Maplewood. He noted that the Council should clearly note the findings of fact to avoid the possibility of legal action by Mr. Erickson. Mr. Reinert asked Mr. Hawkins if there was a pending lawsuit at this time. Mr. Hawkins said no. Mr. Reinert felt that an impending lawsuit would not be an issue at this time. Mr. Hawkins said he felt this was an unusual case. He referred to a particular case involving the City of Coon Rapids. He felt that this Coon Rapids case clearly points out that in order to protect itself, this City must set out it reasons for denying the rezone request. Mr. Bisel said he felt that findings of fact should come from the Council Members who voted against the rezone. Mr. Hawkins said the City could use wide discretion but must have a rational basis. Mr. Reinert addressed Mr. Hawkins and said he felt that there was a strong bias by the City Staff for this project and there was atotal lack of communication between the Staff and the Council. He felt even the argument regarding the Comprehensive Plan falls apart. Mr. Hawkins said he has counseled the Staff regarding writing the findings of fact. Mr. Reinert asked Mr. Hawkins if he believes the City runs the risk of a restraining order. Mr. Reinert said that it appears to him that there is a strong bias from the Staff rather than a legal opinion. Mr. Hawkins said that he feels strongly this is appropriate and the Council would not want Mr. Miller to be "wishy /washy" on the matter. Mr. Bisel said he would not remain at this meeting if the Council was going to be accusing the Staff of performing their duties inappropriately. He felt members of the Council 2 0 SPECIAL COUNCIL MEETING JULY 17, 1989 were not keeping themselves informed as to what was transpiring at the Planning and Zoning level or the Staff level. Mr. Bisel left the meeting. Mr. Neal referred to the rezone request presented by Paul Howard owner of Baldwin Lake Court. As in this case, the purchaser knew prior to his purchase the zoning of the land. Mr. Reinert indicated that most land purchasers include a clause in the purchase agreement that states if the land cannot be used for a stated purpose, the purchase agreement is void. Mayor Benson agreed that the Council did ask for additional input regarding Willow Ponds. He felt the development could be very attractive in another part of the City. However, precedence has been set with the Baldwin Lake Court issue and Willow Pond does not fit the Comprehensive Plan. He also noted the plan would place five times the housing units in the area that is now planned and the current road structure would probably not hold the extra traffic. Mayor Benson also said that buying property is not a mandate to a zoning change. Mr. Reinert stated that just because all of these people have reviewed the development plan, does not mean the Council was fully informed. He said in all due respect to Mr. Bisel, the Planning and Zoning Board liaison, he did not keep the Council informed on the progress of this development. Mr. Reinert also noted that there were many community meetings this spring regarding MUSA boundaries but the Staff did not have the courtesy to hold a community meeting regarding Willow Pond. He said he totally resents the fact that developers think that they can come in and tell the Council how to develop the City. Mr. Bohjanen said he has tried to keep abreast of what was transpiring regarding this development. He has reviewed all the plans, consulted with Mr. Miller and the City Engineer and he did not see anything that would indicate that the Staff was pushing this development, just doing their jobs. Mr. Bohjanen noted that the Council has access to expertise and should rely on it. He asked if the Council denies this development, what will happen to the next development request. He also noted that currently sewer and water mains are being constructed in the area and development is needed to support the service. Traffic alone is not an issue. However, utilities are there now and will have to be paid for by someone. Mr. Bohjanen asked how the new proposal from Good Value Homes will impact the traffic on Elm Street? He noted that the City has come a long way in the last few years to carefully lay out plans for development. He said an expert job has been done on the Willow Pond development and could not see 2 0 �. SPECIAL COUNCIL MEETING JULY 17, 1989 how he could vote to deny the rezone request. Mr. Miller said that approval of a Planned Unit Development (PUD) is an arduous process. He outlined the steps the developer must take. He explained that because of this the developer has incurred a lot of costs. Also considerable authority has been given to the Planning and Zoning Board in the City Code. The first step is a concept plan and the Planning and Zoning Board has sole authority to approve or deny the concept plan. The Planning and Zoning Board approved the concept plan and this indicated to the developer that the City was indeed interested in his development. Mr. Reinert asked Mr. Miller if he was saying that when the concept plan was approved by the Planning and Zoning Board, it was a guarantee of approval by the Council? He said he would not agree with this and felt it was an after the fact request for a rezone. Mr. Miller said he felt the process almost becomes contractual. If the rezone is not approved then the City led Mr. Erickson down the "prim rose" path. He further noted that if the Council was unhappy with the development, they should have let the Staff know. Mr. Reinert asked Mr. Miller how many times he updated the Council on the progress of this development? He also said the Planning and Zoning Board liaison should have updated the Council if this was such a special and unique development. Mr. Miller explained that he has talked to every Council Member with the exception of Mr. Reinert. He asked Mr. Reinert where his responsibility was in all of this. He explained that Mr. Reinert never has contacted him on any issue. Mayor Benson noted that nothing was ever brought to the body of the Council and felt the developer was taking a high risk. He also noted that right or wrong, the Council has also made some mistakes. Mr. Neal told Mayor Benson that he knew about the development at least four weeks before it was brought to the Council. Mayor Benson said he had missed both Planning and Zoning Board meetings when the development plan was submitted. Mr. Neal noted that Mayor Benson did get the minutes. Mr. Miller noted that the full Council set the public hearing for the preliminary plat. He asked if the Council was concerned at that time? Mayor Benson noted these findings of fact: 1) there would be a substantial increase in population density, 2) a substantial increase in traffic and 3) the development is inconsistent with the Comprehensive Land Use Plan. Mr. Hawkins explained that there is nothing else to be done at this time. If the City is sued by Mr. Erickson, it will 2 0 2 SPECIAL COUNCIL MEETING JULY 17, 1989 be a difficult case and he could not say whether it would be upheld. Mr. Bohjanen moved to adjourn at 7:37 A.M. Mr. Reinert seconded the motion. Aye. These minutes were consider and approved at a regular Council meeting held on July 24, 1989. 4111 -4111",# 41111kW-A160 G Benson, Mayor Marilyn G. Anderson, Clerk - Treasurer