HomeMy WebLinkAbout10/22/1990 Council Minutes (2)1
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COUNCIL MEETING OCTOBER 22, 1990
The regular meeting of the Lino Lakes City Council was called
to order by Mayor Bisel at 6:40 P.M., Monday, October 22,
1990. Council Members present: Neal, Kuether, Reinert,
Bohjanen. Council Members absent: none. City Attorney,
Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider;
Planner, John Miller; Fire Chief, Milo Bennett; Public Works
Director, Don Volk; Administrator, Randy Schumacher and
Clerk - Treasurer, Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
October 5, 1990 Work Session - Council Member Neal moved to
approve these minutes as presented. Council Member Kuether
seconded the motion. Motion carried unanimously.
October 8, 1990 Work Session - Council Member Reinert moved
to approve these minutes as presented. Council Member
Bohjanen seconded the motion. Motion carried unanimously.
October 8, 1990 Regular Council Meeting - Council Member
Kuether moved to approve these minutes as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
October 22, 1990 - Council Member Bohjanen moved to approve
these disbursements as presented. Council Member Reinert
seconded the motion. Council Member Neal asked why a
disbursement for the Police Department was listed as a
miscellaneous item. The Clerk explained that this item was
purchased from a donation to the Police Department and was
not a budgeted item. Voting on the motion, motion carried
unanimously.
Centennial Fire District - Council Member Neal moved to
approve this disbursement as presented. Council Member
Reinert seconded the motion. Motion carried unanimously.
OPEN MIKE
John McClellan, Centennial School District, Discussion of New
Projects and /or Programs, Budgeting and Bonding Issues - Mr.
McClellan introduced himself and Mr. Warren Tester, Financial
Director for Centennial Schools. Mr. McClellan handed each
of the Council Members a copy of the Building Bond Newsletter
and noted that this newsletter was sent to every household in
the Centennial School District. He explained that the most
important issue affecting the school district at this time is
the bond issue that is on the November 6, 1990 General
Election ballot. He said he wished to address this issue
this evening as well as the issue of the equity lawsuit that
is under way to help lessen the gap between school districts
in the area of state aid funding.
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COUNCIL MEETING OCTOBER 22, 1990
Mr. McClellan explained that there are three (3) questions in
the 1990 bond issue. The first question is, "Shall the
Centennial School Board be authorized to issue its general
obligation school building bonds in an amount not to exceed
$13,646,000.00 to provide funds for the acquisition and
betterment of school sites and facilities, including the
acquisition of land for and the construction of a new
elementary school, the construction of an addition to and the
remodeling of the existing junior high school facility and
the equipping and renovation of various existing elementary
and senior high school facilities ?" Mr. McClellan noted that
the proposed new elementary school would be located on Birch
Street and would accommodate about 850 students.
The second bond question is, "If Question 1 is approved,
shall the Centennial School Board also be authorized to issue
its general obligation school building bonds in an amount not
to exceed $2,500,000.00 to provide funds for the acquisition
and betterment of school facilities, including the
construction of a new sport arena and an auditorium addition
to the senior high school facility ?"
The third bond question is, "If Question 1 is approved, shall
the Centennial School Board also be authorized to issue its
general obligation school building bonds in an amount not to
exceed $1,205,000.00 to provide funds for the acquisition and
betterment of school facilities, including construction of
storage facilities, the roofing of existing facilities, the
improvement of athletic facilities, the expansion of parking
facilities at Centerville Elementary, the improvement of
playground facilities, additional renovations and repairs to
the junior high, additional renovations to Centennial
Elementary, the renovation or replacement of junior and
senior high shop equipment, and the renovation and equipping
of the community swimming pool located in the junior high ?"
Mr. McClellan highlighted the need for renovation of the
schools mentioned in the bond questions and he also explained
the rationale for an ice arena and auditorium.
Mr. McClellan explained that Centennial School District was a
part of the equity lawsuit filed to force the legislature to
recognize the disparity in funding between school districts.
He noted that the "equity gap" is larger today than it has
ever been. The lawsuit will force the "property rich"
communities to share their wealth with "property poor" school
districts. Mr. McClellan gave several examples of
improvements that could happen in the Centennial School
District if the equity lawsuit was completed.
Mayor Bisel asked if the equity lawsuit was settled to the
benefit of the "property poor" districts, could Lino Lakes
see a reduction in taxes? Mr. McClellan said yes. He noted
that the District would use all of the money that would be
re- allocated to the District for increased services and
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COUNCIL MEETING OCTOBER 22, 1990
therefore would reduce the taxes.
Mr. McClellan asked that the voter look at everything the
candidates are saying and be sure to vote.
Council Member Neal noted that there may be some classrooms
vacated at St. Joseph's Catholic Church and asked if these
rooms could be used by the school district. Mr. McClellan
said they could be. Council Member Neal said that he is
often asked why the-school district sold Lovell School when
it could have been renovated and still be in use. Mr.
McClellan explained the rationale behind selling Lovell
School. He said he felt it was a good decision.
Mr. McClellan referred to the site of the proposed new
elementary school on Birch Street. He noted the site
contains sixty (60) acres and hoped that the site would be
developed in cooperation with the City of Lino Lakes. He
felt it was an opportunity to provide such recreational
activities as tennis and trails for the use of the entire
community.
Council Member Bohjanen asked if the school district has
looked at the future to determine if all of the new
classrooms will be needed in the future. Mr. McClellan
explained if the need for classrooms lessens, other programs
such as latch -key and preschool programs will need the space.
He said he did not see the need to close any school ever.
Mayor Bisel thanked Mr. McClellan and Mr. Tester for coming
this evening and said he hoped to get the superintendents of
White Bear Lake and Forest Lake school districts to attend a
Council meeting in the near future.
PUBLIC HEARING, REZONE, PHEASANT HILLS PRESERVE, ORDINANCE
NO. 16 -90, FIRST READING
Mayor Bisel opened the public hearing at 7:30 P.M. Mr.
Miller explained that this is basically a house keeping item.
Pheasant Hills Preserve has received a preliminary plat
approval and the public improvements have been ordered.
Pheasant Hills Preserve is located on the north side of Birch
Street, west of the St. Paul Water Works property and east of
Pheasant Run.
Council Member Bohjanen moved to close the public hearing at
7:32 P.M. Council Member Kuether seconded the motion.
Motion carried unanimously.
Council Member Bohjanen moved to approve the first reading of
Ordinance No. 16 - 90 rezoning Pheasant Hills Preserve from
Rural (R) to Single Family Executive (R -1X). Council Member
Kuether seconded the motion. On a roll call vote, motion
carried unanimously.
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COUNCIL MEETING OCTOBER 22, 1990
PUBLIC HEARING, CONDITIONAL USE PERMIT, ADAMS SIGN COMPANY
Mayor Bisel opened the public hearing at 7:33 P.M. Mr.
Miller explained that Adams Sign Company has applied for a
Conditional Use Permit (CUP) to erect a billboard on the
northeast quadrant of Main Street and I -35E. This sign would
be double sided, forty five (45) feet tall and measure
fourteen (14) feet by forty eight (48) feet. The sign would
be lighted and visible to both the northbound and southbound
traffic on the freeway.
Mr. Miller told the Council that the Design Review Board had
reviewed the request and recommended that the CUP be denied
and their reasons for denial are listed in the "Green Sheet ".
Mr. Miller told the Council that there are several other
specific reasons for denial:
1). The sign is four (4) stories tall and would reduce
visibility of portion of the northeast quadrant of the
interchange. This will reduce this quadrants
improvement value.
2). The sign is proposed to be located in the wetland area
and no permits have been requested from the DNR and
CORP. (Mr. Miller gave the Council a copy of a map
showing the location of the wetlands.)
3). The draft Freeway Interchange Plan states that it is
recommended that signs be controlled and no billboards
allowed.
4). Adjacent landowner wrote a statement that this billboard
is not best use of land. (Mr. Miller passed out a copy
of this statement. This landowner owns two quadrants of
the interchange.)
5). Current Comprehensive Land Use Plan Amendment, Policy D3
states in part, "areas performing essential natural
functions should be maintained as permanent open space."
In the past, when development occurs, the City has used
natural wetlands as ponding areas.)
6). The billboard is proposed to be located twenty (20) feet
from the MnDOT right -of -way and this would present a
hazard to the proper functioning of the diamond
interchange.
Mr. Miller recommended that the City Council deny the request
for the CUP and noted that the Council would not be acting
arbitrarily or capriciously since it has denied other CUP's
in the past.
Mayor Bisel asked if there was any to speak for or against
the CUP request.
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Mr. John Bodger, representing Adams Outdoor Sign Company
explained that his company is addressing the wetlands issue
and a permit request has been given to the DNR. Mr. Bodger
noted that there have been several billboards placed in other
wetland areas adjacent to the freeway. He also noted that at
this time, he can do nothing else with the property since
utilities are not available. Mr. Bodger asked the Council to
consider issuing a temporary three (3) year CUP. He noted
that this City is telling him that there probably not be any
development .at this intersection for the next five (5) to -ten
(10) years and this sign will help pay the property taxes.
Bob Grazinger, Adams Outdoor Sign Company said he wished to
echo Mr. Bodger's comments. He noted that the owner of this
property is almost faced with "invert" condemnation since
there is no other practical use for the property. Mr.
Grazinger also said he wanted to be a good neighbor and did
not intend to intimidate anyone including the Council.
Mr. Miller explained that although there are some billboards
in wetlands to the south of this intersection, the DNR is now
more defensive of wetlands than in the past. A permit is
needed.
Council Member Reinert asked why Adams Outdoor Sign Company
is asking for a temporary three (3) year permit. Mr. Bodger
said the Council could stipulate any time period or simply
state that when development begins, the billboard will be
removed. He also said that approval of the CUP is needed
before the DNR will accept a permit request.
Council Member Kuether asked about the lights on the proposed
billboard. Mr. Bodger said the lights would be directed
toward the sign and should not interfere with traffic.
Council Member Bohjanen asked Mr. Hawkins if there- would be a
problem removing the sign if the Council approved the sign
for a specified period of time. Mr. Hawkins said that the
CUP would have to specify how the sign would be removed in
the event that Adams Outdoor Sign Company does not remove it
as specified in the CUP.
Council Member Reinert moved to close the public hearing at
7:58 P.M. Council Member Bohjanen seconded the motion.
Motion carried unanimously.
Council Member Kuether asked why this billboard which is the
same size as the one at I35W and Highway 49 is such a
concern. Mr. Miller said it was because the proposed
location of the billboard is so important to the future of
Lino Lakes.
Council Member Reinert moved to approve the recommendation of
the Design Review Board and deny the CUP to keep the area
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COUNCIL MEETING OCTOBER 22, 1990
open and to approve Resolution No. 75 - 90 outlining the
reasons for denial. Mayor Bisel seconded the motion. On a
roll call vote, motion carried with Council Members Bohjanen
and Neal voting no. Council Member Bohjanen stated he
believed that the owners should be able to use the property
for two (2) or three (3) years in this manner. Council
Member Neal referred to the numerous signs near the City of
Forest Lake and said he agreed with Council Member Bohjanen.
Resolution No. 75 - 90 can be found at the end -of these
minutes.
REPORT ON CENTENNIAL FIRE RATING CLASSIFICATION, MILO
BENNETT, FIRE CHIEF
Chief Bennett noted that a report has been received from ISO
Commercial Risk Services, Inc. indicating that the fire
rating for this City in areas where municipal water is
available has been reduced from #7 to #5. This could mean a
four percent (4 %) to an eleven percent (11 %) reduction in
insurance costs for commercial property owners.
Chief Bennett explained that he is still trying to determine
of what benefit this is to home owners.
The report indicated that the Centennial Fire District is
rated #5. Chief Bennett felt that the rating for the
District should be higher and he will also try to determine
how the rating was established. He noted that the District
has improved its ability to move water supply to a fire so
that a better rating could be expected. Chief Bennett also
explained the need to upgrade the District and all of the
equipment owned by the District.
Mayor Bisel asked that this information be included in the
City newsletter so that citizens on municipal water supply
will notify their insurance carriers. There should be some
reduction in insurance costs to the home owners.
The locations of fire stations was discussed. Chief Bennett
explained that a study had been conducted to determine the
proper location of fire stations in the district. He said he
did agree with the study noting that response time was
important therefore stations should be located near where
fire fighter volunteers live.
Chief Bennett noted that he is getting good response
recruiting fire fighters in Lino Lakes. He noted a need to
get out and let the possible volunteers know of the benefits.
The response is not as good in the southeast corner of Lino
Lakes. There is an agreement with the White Bear Fire
Department for backup in this area.
There was discussion regarding recruiting volunteer fire
fighters for daytime coverage. This is a problem in many
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volunteer departments. There was discussion regarding the
location of the new fire station No. 3 in Centerville. Chief
Bennett is working on this matter. Chief Bennett also told
the Council that he is considering upgrading the compensation
for all fire fighters for the entire District.
The Council thanked Chief Bennett for coming this evening.
CONSIDERATION OF RECOMMENDATION OF FIRE STEERING COMMITTEE
REGARDING SEVERANCE.PAY -FOR PREVIOUS FIRE CHIEF
Mr. Schumacher explained that the Centennial Fire District
Steering Committee held a meeting on October 10, 1990 to
discuss a request from former Fire Chief Archie Gay for
additional compensation. The attorney for the Fire District
reviewed Mr. Gay's request and it was his opinion that the
request was not in order. The Committee prepared a
recommendation that Mr. Gay be compensated with two (2) weeks
severance pay. This recommendation is contingent upon Mr.
Gay agreeing to drop all requests for further compensation.
Council Member Neal explained that when Mr. Gay was hired as
interim fire chief, he was told to keep record of all hours
he worked beyond the agreed hours and he would be compensated
for these hours at a later date. Council Member Neal noted
other persons who attended that meeting and explained minutes
were taken and should be referenced. Mr. Schumacher
explained that the Fire District attorney looked at all of
the minutes and determined that Mr. Gay was a salaried
employee and not eligible for overtime compensation. Council
Member Neal said this was not what the Fire District had
agreed upon. He noted that this occurred the same evening
that the Joint Powers Agreement was signed.
Mayor Bisel noted that this City does not have a severance
policy and asked if this would be creating such a policy.
Mr.. Schumacher explained that former Chief Gay was not a City
employee and this matter would not affect City policies.
After discussing whether two (2) weeks pay was an appropriate
severance pay, what rationale was used to determine the
severance pay and whether or not the attorney for the
District had received all relevant minutes, Council Member
Neal moved to table this matter until all minutes are
produced. Council Member Bohjanen seconded the motion.
Motion carried unanimously.
STATUS REPORT ON OUTLOT F, RANDY SCHUMACHER
Mr. Schumacher explained that a preliminary plat has been
completed for Outlot F. A public hearing should be set for
the plat.
The property has been surveyed and the City Engineer and the
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OCTOBER 22, 1990
Public Works Director have looked at the property. Drainage
is the primary concern and the City Attorney has been asked
to prepare restrictive covenants so that when each parcel is
sold to adjoining lot owners, the new owners will be
restricted regarding movement of earth and the use of the
lot. Mr. Schneider explained to the Council that little has
to be done to the area to improve the drainage situation and
explained his proposal for drainage. These matters will be
discussed at the public hearing.
Council Member Bohjanen moved to set the public hearing for
November 26, 1990 at 7:00 P.M. Council Member Kuether
seconded the motion. Motion carried unanimously.
There was discussion regarding who carries out the
restrictive covenant. Mr. Hawkins explained the City is
responsible and the citizens can also enforce the covenants.
Council Member Reinert said he felt that self - policing
covenants are a nuisance.
CONSIDERATION OF LANGUAGE CHANGES AFFECTING JOINT POWERS
AGREEMENT FOR RECREATION, DON VOLK
Mr. Volk gave the Council Members a copy of the revised Joint
Powers Agreement and explained that the language previously
requested by this Council had been incorporated in the
Agreement. He noted that there were other changes, however
they were basically wording changes.
Mayor Bisel explained that although he felt that cooperative
efforts between cities was essential, sometimes there are
inequities. He asked that this matter be tabled until an
analysis can be made to get better cooperative efforts
between the surrounding cities. He asked that the Council be
updated on the number of joint powers agreements, franchises
and other contracts that are currently in existence. He
asked that this analysis include expiration dates, name of
entity involved and how each contract or joint powers
agreement can be discontinued.
Council Member Reinert moved to table this matter until the
information requested by Mayor Bisel is available. Council
Member Kuether seconded the motion. Motion carried
unanimously.
PROPOSAL FOR CITY HALL SIGN, DON VOLK
Mr. Volk explained that he has been working with a designer
at SEH and three (3) sign concept drawings have been
prepared. He showed each concept to the Council and
explained how each would be constructed.
Mayor Bisel asked that Mr. Volk work with staff and bring
back to the Council a recommendation and an alternate
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OCTOBER 22, 1990
recommendation for a sign. This recommendation should
include costs.
DESIGN REVIEW BOARD, JOHN MILLER
Consideration of a Variance Request for Arvid Gearman to
Allow Six (6) Foot Setbacks in Rice Lake Estates, DRB
Application No. 90 - 53 - Mr. Miller explained that there are
several lots in Rice Lake Estates that back up to Highway 49.
These lots have seventy (70) foot widths and the back of each
lot has a high drop off to Highway 49. The developer of Rice
Lake Estate has requested a variance to reduce the front yard
setback from twenty five (25) feet to twenty (20) feet. He
states that because of the requirement for the larger
dwellings and the steep slope in the back yards, he cannot
squeeze an R -1X house onto these small lots.
The DRB has reviewed this request and has recommended
approval.
Mayor Bisel asked if this variance is granted, will the
Council be asked for any further considerations. Mr. Miller
explained that there is a concern regarding the lots along
Sandhill Drive. The soils are poor and variances may be
requested for some of these lots.
There was discussion regarding the street appearance of the
houses that will be set closer to the street that the houses
already constructed.
Builder, Jerry Moe appeared before the Council to represent
the developer of Rice Lake Estates. He explained that his
greatest concern. was for three (3) lots, Lot 9, Lot 10, Lot
11, Block 7, Rice Lake Estates. He said there were large
mature trees on the lot and wanted to save the trees. This
would require that the houses be set three (3) to four (4)
feet closer to the street right -of -way. He said that there
would not be a noticeable difference because of the design of
the house.
There was discussion regarding whether adjoining neighbors
should be asked to concur with the variance. Mr. Hawkins
explained that approving a variance with this type of
contingency would be illegal. A variance must be granted
upon its merit.
After further discussion, Council Member Bohjanen moved to
table this matter. until the developer and the City Forester
can meet and make a decision as to how much a variance is
actually needed. Council Member Neal seconded the motion.
Motion carried unanimously.
Review of Minor Subdivision for Glenn Larson for Property
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COUNCIL MEETING
OCTOBER 22, 1990
Located on Baldwin Lake Road, DRB Application No. 90 - 53 -
Mr. Miller explained that the Larson's have purchased a
sixteen (16) acre parcel of land on the east side of Baldwin
Lake Road. The Larson's wish to build a home on the site and
to sell three and fifty six one hundreds (3.56) acres to
their neighbors to the north. The new parcel would be
combined with the neighbors one and eight tenth (1.8) acre
parcel making the neighbor's parcel less conforming. This is
actually a lot combination, not a minor subdivision as no new
parcels would be created.
Council Member Bohjanen moved to approve DRB Application No.
90 - 53. Council Member Neal seconded the motion. On a roll
call vote, motion carried unanimously.
Set Public Hearing for Comprehensive Land
for Monday, December 10, 1990, 7:00 P.M.
Bohjanen moved to set the public hearing.
Neal seconded the motion. Motion carried
Use Plan Amendment
- Council Member
Council Member
unanimously.
ENGINEER'S REPORT, DAN BOXRUD AND DARRELL SCHNEIDER
Final Plat Review, Sunnygate, Second Addition, Darrell
Schneider - Mr. Schneider explained the preliminary plat was
approved by Council prior to the final plat of Sunnygate,
First Addition. This plat is located on the east side of
Sunrise Drive. A plan for the installation of utilities has
been completed. The developer will install the utilities in
the street, provide hook ups for the residents on the west
side of Sunrise Drive and then Sunrise Drive will be restored
to the same condition as it is in the next block south and
along side of Sunrise Park. Mr. Schneider recommended that
the street be restored as a public improvement and later as
the residents along the west side of Sunrise Drive connect
and pay their assessments, the cost of the street will be
recovered. The developer has agreed to all of the conditions
that have been suggested by the City Engineer.
Mr. Schneider recommended that the final plat be approved
contingent upon plans for the construction of Sunnygate,
Second Addition be submitted to TKDA for review and approval,
the developer's agreement being submitted to the City Hall
Staff for review and approval and the City initiating a
street project for the reconstruction of Sunrise Drive as a
City project with a public hearing and competitive bids being
taken. Mr. Schneider explained that there may be some risk
for the City depending on if the bids are higher than
expected. The estimated cost to the City is $21,500.00.
Council Member Bohjanen moved to approve the City Engineer's
recommendation to include the stipulations that he has listed
and approve the final plat of Sunnygate, Second Addition.
Council Member Neal seconded the motion. On a roll call
vote, motion carried unanimously.
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OLD BUSINESS
Consideration of a Renewal Application for Gambling for the
National Multiple Sclerosis Society - Mrs. Anderson explained
that at the previous Council meeting she had been requested
to invite the Society to come before the Council to explain
if they have followed the City Gambling Ordinance and have
given at least ten (10 %) of the net proceeds from gambling to
directly benefit the citizens of Lino Lakes.
Kelly Dankers, Area Manager for the Society appeared before
the Council and presented a check in the amount of $1,526.83
to Mrs. Anderson. She explained that this check represents
ten percent (10 %) of the net proceeds through September,
1990. This would bring the Association into compliance with
the City Gambling Ordinance.
Council Member Bohjanen asked if the Society provides
services for citizens of Lino Lakes. Ms. Dankers said yes
and explained. Council Member Bohjanen said he was unhappy
because the Society has gambling operations all over the
State of Minnesota. He noted that the gambling laws were
established to help local communities, not national
organizations.
Mr. James cook, Fund Raising Director for the Society
addressed the Council. He explained where the money taken
from each community goes. He noted that the National
Multiple Sclerosis Society controls research into the
disease. Approximate forty percent (40 %) of the money raised
by gambling goes to this research. He also explained that
money raised by gambling is used to provide leadership and
the Society is not out to rip off communities but is used to
solve the mystery of MS.
Mayor Bisel said his major concern is that money is being
raised in this community and then taken out of the community.
He felt this was not the intent of the law. Mr. Cook said
that "lawful purpose" does not mean just Minnesota or Lino
Lakes.
Council Member Reinert moved to renew the application for
charitable gambling for the National Multiple Sclerosis
Society. Council Member Neal seconded the motion. On a roll
call vote, motion carried with Mayor Bisel abstaining. Mayor
Bisel explained that he felt the law was not intended to do
what the Society is doing. He asked that the Gambling
Ordinance be re- addressed.
Conditional Use Permit, WCCO Doppler Radar - Council Member
Reinert asked about the CUP for the tower. Mr. Miller
explained that this matter will be on the November DRB
agenda.
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COUNCIL MEETING
NEW BUSINESS
OCTOBER 22, 1990
Mr. Schumacher reminded the Council that there will a ground
breaking this Friday at 3:30 P.M. for the new Anoka County
Correctional Facility on Lilac Street.
Mr. Schumacher also reminded the Council of the Wednesday,
October 24, 1990, 7:30 A.M. meeting between Senator Gregg
Dahl and election challenger Jane Brown. This, is. a "meet
your local candidate" event sponsored by the Chamber. Mayor
Bisel asked that Senator Dahl's voting record be researched
to see how he voted on tax increases and financing issues.
Council Member Neal told the Council that there will be a
tour of the Oak Park Heights Correctional Facility next
Wednesday at 10:00 A.M.
Council Member Reinert moved to adjourn at 10:25 P.M.
Council Member Bohjanen seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular meeting of the Council on November 12, 1990.
ari yn/G. An erson, Harold L. Bisel,
Clerk - Treasurer Mayor
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067
Council Member Reinert introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 75 - 90
A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ADAMS OUTDOOR
ADVERTISING FOR PLACEMENT AND ERECTION OF AN OUTDOOR BILLBOARD AT
C.R. 14 AND I -35E.
WHEREAS, Adams Outdoor Advertising has submitted an application for
a conditional use permit to locate a 14 x 48 foot lighted billboard
with a maximum height of 45 feet at the diamond interchange located
at C.R. 14 and I -35E, and
WHEREAS, the Lino Lakes' zoning ordinance lists eight standards the
city must follow in considering conditional use applications, and
further states that a permit can be issued only if it finds the use
at the proposed location:
A. Will not be detrimental to or endanger the public health,
safety, morals, comfort, convenience or general welfare
of the neighborhood or the city.
B. Will be harmonious with the general and applicable
specific plans and policies of the Comprehensive Plan of
the city and this ordinance.
C. Will be designed, constructed, operated, and maintained
so as to be harmonious and appropriate in appearance with
the existing and /or intended character of the general
vicinity and will not change the essential character of
that area.
D. Will be served adequately by essential public facilities
and services, including streets, police and fire
protection, drainage structures, refuse disposal, water
and sewer systems, and schools; or will be served
adequately by such facilities and services provided by
the persons or agencies responsible for the establishment
of the proposed use.
E. Will not create excessive additional requirements at
public cost for public facilities and services and will
not be detrimental to the economic welfare of the
community.
F. Will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be
detrimental to any persons, property, or the general
068
welfare because of excessive production of traffic,
noise, smoke, fumes, glare, or odors.
G. Will have vehicular approaches to the property which are
so designed as not to create traffic congestion or an
interference with traffic on surrounding public
thoroughfares.
H. Will not result in the destruction, loss, or damage of a
natural, scenic, or historic feature of major importance.
I. Will conform to specific standards of this ordinance
applicable to the particular use, and
WHEREAS, the city's design review board (planning commission)
reviewed the Adams' application and recommended denial to the city
council based on the following findings. The proposed sign:
A. Will be detrimental to the general welfare of the
neighborhood and the city.
B. Will not be harmonious with the general and applicable
specific plans and policies of the comprehensive plan of
the city.
C. Will be designed so as not to be harmonious and
appropriate in appearance with the intended character of
the general vicinity and will change the essential
character of the area.
D. Will be detrimental to the economic welfare of the
community.
E. The city's freeway interchange plan is in progress, and
WHEREAS, the city council after holding a public hearing determined
that in addition to the general findings of the design review board
the proposed billboard:
A. Is located in an area noted in the National Wetlands
Inventory of the USACOE as being a wetland area. No
permits have been obtained by the applicant.
B. The adjacent property owner has prepared a written
statement giving his observation that "...signs would not
be the best use of the property."
C. The draft copy of the freeway interchange study prepared
by SEH Inc. recommends in the executive summary that
signs be controlled as part of a PUD plan and no
billboards be allowed in the area.
D. The 672 square foot sign will reduce visibility of a
portion of the northeast quadrant of the interchange
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(especially from the northbound exit). This will reduce
its development potential and value.
E. Policy D -3 of the current comprehensive plan states
"...areas performing essential natural functions (read -
wetlands) should be maintained as permanent open space."
F. Located only 20 feet from MNDOT right -of -way the lighted
672 square foot sign will act as a hazard to the
functioning of the diamond interchange.
NOW THEREFORE BE IT RESOLVED THAT the City of Lino Lakes, for the
reasons outlined here, hereby denies the conditional use permit
application submitted for review by Adams Outdoor Advertising to
erect a billboard at the C.R. 14 and I -35E interchange.
• Passed by the Lino Lakes City Council this 22nd day of
October , 1990.
Harold L. Bisel, Mayor
p
Mari1G. Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Mayor Bisel and upon vote being
taken thereon, the following voted in favor thereof: Kuether, Bisel,
Reinert.
The following voted against same: Bohjanen, Neal
Whereupon said resolution was declared duly passed and adopted.