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
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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
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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
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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