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HomeMy WebLinkAbout10/22/1990 Council Minutes (2)1 1 1 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. PAGE 1 0'55 056 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 • PAGE 2 1 1 1 1 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. PAGE 3 057 058 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. PAGE 4 1 1 1 COUNCIL MEETING OCTOBER 22, 1990 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 PAGE 5 059 060 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 PAGE 6 1 1 COUNCIL MEETING OCTOBER 22,1990 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 PAGE 7 061 062 - COUNCIL MEETING 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 PAGE 8 1 1 1 1 COUNCIL MEETING 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 PAGE 9 064 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. PAGE 10 1 1 COUNCIL MEETING OCTOBER 22, 1990 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. PAGE 11 065 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 PAGE 12 067 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 1 1 069 (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.