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12/19/1991 Council Minutes (2)
1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES DECEMBER 19, 1991 DATE • TIME STARTED : TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : December 19, 1991 6:30 P.M. 11:10 P.M. Bisel, Bohjanen, Kuether, Neal, Reinert None Staff Members present: City Engineer's, Darrell Schneider and Dan Boxrud; Planner, John Miller; Attorney, Bill Hawkins; Public Works Director, Don Volk; Administrative Assistant, Dan Tesch and Clerk - Treasurer Marilyn Anderson. The following items were deleted from the December 19, 1991 agenda: 1A. This item will be added to the January 13, 1992 agenda. 3. This item will be added to the January 13, 1992 agenda. Council Member Neal moved to approve the consent agenda as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. 4 ITEM MINUTES: Council Work Session, December 9, 1991 Regular Council Meeting, December 9, 1991 DISBURSEMENTS: December 19, 1991 Centennial Fire District APPROVAL OF CHANGING LAND USE DESIGNATION FOR LOT 1, BLOCK 7, SUNSET OAKS, FROM PONDING TO PARK USE REGULAR AGENDA DISPOSITION Approved Approved Approved Approved Approved OPEN MIKE Joseph Strauss, Metro Mayor's Association - Mr. Strauss was PAGE 1 234 235 COUNCIL MEETING DECEMBER 19, 1991 unable to attend this evening and asked to be rescheduled for the January 13, 1992 agenda. Darla Lowell, 6599 - 24th Avenue, Lino Lakes - Mrs. Lowell referred to the minor subdivision process that she was involved in for several years. She noted a solution to her particular problem had been approved. However, the process was a lengthy and costly ordeal and she felt it was her responsibility to let other residents in the city know about her concerns. Mrs. Lowell explained that most residents are not knowledgeable about the process and should be told at the beginning when an application is submitted. She explained her frustration regarding the consulting engineering company and also explained that the staff should have been more diligent in keeping her informed of the mounting costs involved in her application. Mrs. Lowell asked that the City adopt protocol for residents who are applying for minor subdivisions. She asked that the City inform the applicant when the escrows submitted by the applicant is depleted. Mrs. Lowell asked that the City check the engineering firms hired as consultants and make sure these are the firms that the city wants its citizens to deal with. She also asked that the staff tell applicants that they will be billed for all expenses including telephone calls. Mrs. Lowell said she felt this has been a sad and costly experience. She thanked the secretaries and Mr. Miller for their courteous and friendly attitude in handling the matter. Mrs. Lowell said that she did not want others to get "burned" as she had. Mayor Bisel thanked her for her comments to the Council. CONSIDERATION OF EXECUTING AN AGREEMENT TO PURCHASE THE SCHILLING INDUSTRIAL PARK Council Member Kuether explained that the City Council had met on Tuesday, December 17, 1991 acting as the Economic Development Authority (EDA). At this meeting it was decided to purchase a 36 1/2 acres of the Schilling Industrial Park. It was also decided to form an association with all other landowners around the Industrial Park to promote and market the area for industrial development. Mr. Hawkins explained that the EDA has agreed to purchase the 36 1/2 by contract for deed. Mr. Schilling is in no hurry to received any money so there is no down payment. In addition, the interest rate will be 7 1/2% simple interest and no interest will be due until the contract matures. The contract for deed will be for five (5) years as required by state statute. PAGE 2 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 State statute also requires that if there is a default by the City, only the landowner can repossess the property. Therefore, if for some reason the City cannot pay for the property as required in the terms of the contract for deed, the only risk is that the original owner will get the land back. Mr. Hawkins explained that the City is purchasing 24 lots without any improvements. If the City should sell a lot without improvements, the City will pay Mr. Schilling $10,000.00. Mr. Schilling will then provide a warrantee deed for the lot. If the City decides to install the improvements the City can sell up to 15 lots. The City would have to pay for the improvements. This would guarantee that the City has control over the development of the Industrial Park for the next five (5) years. Mr. Hawkins also noted that there is nothing in the purchase contract that would prohibit the City from moving forward and developing and selling the area before the five (5) year period expires. There is no penalty for early retirement of the debt to Mr. Schilling. Council Member Neal moved to purchase the Lino Industrial Park as outlined by Mr. Hawkins and without the stipulations adopted by the EDA. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel El Neal Abstained: None Motion carried. Bohjanen Reinert El Kuether Mayor Bisel expressed concern regarding the City being involved in the purchase of property for resale and competing with private landowners who are also trying to sell their land. He also noted that this property will be taken off the tax rolls until it can be sold for development. Council Member Reinert said he felt that the purchase was vital to opening the area for development and for the installation of improvements. The end result will be more tax base for the City and the area opened for other private landowners to sell their property as well. Mayor Bisel asked that everyone work together as a group and to not leave any landowner out of the process. Council Member Bohjanen said he could not vote for taking land away from private enterprise. CONSIDERATION AND APPROVAL OF MINOR SUBDIVISION FOR HOKANSON DEVELOPMENT COMPANY FOR LAND LOCATED ON BIRCH STREET NEAR 12TH AVENUE, DRB APPLICATION NO. 91 - 57 PAGE 3 236 237 COUNCIL MEETING DECEMBER 19, 1991 Mr. Miller explained that Hokanson Development has purchased most of the Weaver property at 1199 Birch Street to be platted as Quail Ridge. The Weaver's wish to retain 1.8 acres with their homestead. The DRB has reviewed the request for a minor subdivision of the 1.8 acres and has recommended approval. Mr. Miller explained that because support staff has been reduced, there was a problem in getting some of the supporting material on this matter to the DRB prior to their meeting. It created some confusion for the DRB members. Council Member Neal suggested that this item be tabled until it was determined everything was in order. Council Member Reinert asked if the minor subdivision was approved, would there be problems if the parcel was sold in the future. Mr. Miller explained that a resubdivision plan has been submitted showing how the 1.8 acre parcel can be platted for future development. Council Member Reinert noted that this minor subdivision request is in conjunction with the preliminary plat for Quail Ridge. He also noted that the Quail Ridge proposal will require a large number of variances. He asked if the minor subdivision were approved and the variances not granted, would the parcel just subdivided be developable? Mr. Miller explained that if the variances fail, there would be no need to record the minor subdivision. Council Member Bohjanen moved to approve the minor subdivision as outlined in DRB application No. 91 -57. Mayor Bisel seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal ❑ Reinert ❑ Abstained: Neal, Kuether, Reinert Motion failed. PUBLIC HEARING, PRELIMINARY PLAT, QUAIL RIDGE Mayor Bisel opened the public hearing at 7:07 P.M. Mr. Kirk Corson, representing Hokanson Development explained that the original proposed plat contained 60 lots. The development has been reduced to 42 single family lots all zoned R -1X. A 3.5 acre park is proposed and will connect with the area owned by the City known as Captain's Place. Utilities have already been extended past the property. Mr. Corson noted that this PAGE 4 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 development will allow the City to collect area and connection charges that will aid in the repayment of the bond for those utilities. He noted that he was made aware of the Shoreland Management Ordinance very late in the platting of Quail Ridge. Mr. Corson explained that if the preliminary plat is not approved with the variances, it will not be economical to continue with the platting of the property. Presently, only split entry homes are proposed for the site because of the terrain limitations. Linda Elliott, 2001 Otter Lake Drive explained that she had several concerns about this proposed preliminary plat. She noted that the DRB had approved the preliminary plat but did so without getting all of the information needed to make the decision in a timely manner. Mrs. Elliott noted that 46 variances are needed and the only proper reason for granting a variance should be hardship. She did not feel the hardship would be justified. Mrs. Elliott explained that in prior decisions the Council told the public not to worry because the plat was only in a preliminary stage. But when the final plat was brought forward, the public was told that the Council must go along with the plat because the plat was too far along to deny. Mrs. Elliott said she did not want to be left a legacy regarding this preliminary plat and registered a protest to the plat. She asked that the plat at least be redesigned. Randy Klante, 6658 Black Duck Drive expressed concern for the wild life in this area. He noted several deer were in his yard and said he felt too much area is platted now and asked the Council to wait on this matter3 Council Member Bohjanen moved to close the public hearing at 7:15 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Reinert said that the DRB acted upon this matter without having a plat before them and recommended approving the variances without looking at them individually. He felt the matter required further consideration and should be tabled. Mr. Hawkins explained that the Council does have an obligation to act on the matter within 120 days of submission of an acceptable preliminary plat or it is deemed approved. He also noted that not acting on the minor subdivision has no bearing on the preliminary plat. If the preliminary plat is not acted upon this evening, it will have to be put back on the agenda. Mr. Miller explained that this property is unique and there is reason for granting the variances. He noted that the DNR has said the both Ward Lake and Sherman Lake extend one quarter of a PAGE 5 238 239 COUNCIL MEETING DECEMBER 19, 1991 mile south. The applicant is asking that the definition of high water mark not apply in this case. Council Member Bohjanen moved to approve the preliminary plat of Quail Ridge. Mayor Bisel seconded the motion. Mr. Hawkins reminded the Council that if the preliminary plat is denied, the Council must set out the reasons for the denial because of legal exposure. He asked that if the motion fails, staff be directed to prepare the reasoning for denial. VOTING ON THE MOTION: Bisel © Bohjanen Neal ❑ Reinert ❑ Abstained: Neal, Kuether, Reinert Motion failed. Kuether ❑ Council Member Neal moved to send the preliminary plat back to the DRB for further study. Council Member Reinert seconded the motion. Council Member Reinert asked that the DRB take a responsible action on the matter, have the completed preliminary plat before them and all variances be done uniformly and lay out the reasoning for the decision. VOTING ON THE MOTION: Bisel © Bohjanen Neal © Reinert El Abstained: Kuether Motion carried. Kuether El Consideration and Approval of Variance Request Submitted by Hokanson Development for the Proposed Quail Ridge Subdivision, DRB Application No. 91 -57 - The Council delayed action on this matter until the matter is returned to the Council from the DRB. PUBLIC HEARING, CONDITIONAL USE PERMIT, JEFFREY AND LINDA AYDE Mr. and Mrs. Ayde, 7933 - 24th Avenue, Lino Lakes applied for a Conditional Use Permit to add to the horse barn on their property. Currently they own 10 acres and use the site for their homestead and for a horse breeding operation. Mr. and Mrs. Ayde propose to remove several outbuilding from the property and construct a garage and add to the barn. The issue before the DRB was how many square feet of accessory buildings could the Ayde's have on their property and could they continue the horse breeding PAGE 6 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 operation. The property is located in the Rural- Business Reserve District and no regulations for accessory buildings have yet been written for this district. The DRB recommended that no action was necessary from the DRB or the City Council and also recommended that the fee paid by the Ayde's be returned to them and a building permit issued to them. Council Member Bohjanen moved to return the $350.00 fee to Mr. and Mrs. Ayde. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: None Bohjanen Reinert El Motion carried unanimously. Kuether PUBLIC HEARING, PRELIMINARY PLAT, SHORES OF LAKE MARSHAN (FORJAY PROPERTY) Mr. Miller explained that the developer of this preliminary plat is not ready with all the necessary documents and maps to conduct the public hearing. Council Member Bohjanen moved to open the public hearing and continue the public hearing until January 27, 1992. Council Member Kuether seconded the motion. Motion carried unanimously. DESIGN REVIEW BOARD REPORT Consideration and Approval of Minor Subdivision for the Estate of Elsie Wenzel, DRB Application No. 91 -56 - Mr. Miller explained that this property is located on the east side of Lake Drive and south of the Forjay green houses. The estate is proposing to subdivide a one acre parcel from the homestead. The land is zoned R -4, High Density Residential. The minimum lot size is 25,000 square feet. Several of the accessory buildings on the site will be destroyed. Mr. Miller noted that there is concern regarding the future resubdivision of the one acre parcel. He explained that the parcel could not be resubdivided unless the current request is enlarged by 15 feet of road frontage. Council Member Bohjanen moved to approve DRB Application No. 91- 56 allowing the subdivision of a one acre parcel plus an extra 15 feet of road frontage at the south end of the parcel. Council Member Neal seconded the motion. VOTING ON THE MOTION: PAGE 7 240 241 COUNCIL MEETING Bisel © Bohjanen Eg Neal © Reinert El Abstained: Kuether Motion carried. Kuether ❑ DECEMBER 19, 1991 Consideration and Approval of Minor Subdivision for Edward and Any Treise (Alcock Estate) DRB Application No. 91 -54 - Mr. Miller explained this 40 acre property is located on the east side of Lake Drive and just south of the Columbus Township boundary. It is proposed to subdivide the parcel into three (3) parcels, one (1) containing approximately 30 acres and two (2) parcels each containing approximately 4.5 acres. All parcels would have the proper frontage on Lake Drive. The two (2) 4.5 acre parcels will remain under the ownership of the estate. Currently there is a dwelling on the north parcel and a member of the estate plans to build on the second parcel in the future. The Alcock Estate has proposed several other subdivision plans during the past few years, however none have ever been recorded. There is a 66 foot road easement running along the southern boundary of the 40 acre parcel. The estate is proposing that this easement be vacated. Mr. and Mrs. Treise have no use for the easement and wish to vacate it so that it will not be used for public purposes. There is also a triangle shaped parcel of land on the 40 acres that is currently zoned General Business (GB). It is proposed to rezone this parcel to Suburban Residential (S -R). This parcel is not buildable. Mr. Miller explained that a ghost plat has not been prepared for this parcel since it is a large parcel and allows for several platting options. It was noted that recently the City Council has been requiring ghost plats and dedication of easements for future streets and utility easements. Bob Cordell, 8380 Lake Drive explained that his wife is a member of the Alcock Estate and he has been before the City Council in the past with other subdivision plans. He noted that a ghost plat was submitted in the past and should be on file. Mr. Cordell explained that he is now living on the estate and is operating a trucking business from that location. He is grandfathered in and does not want to loose this designation. Mr. Cordell felt that the subdivision of the estate has been a thorn in the side of the City for the past 13 years and would like the matter concluded. After further discussion regarding requiring a ghost plat, PAGE 8 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 Council Member Bohjanen moved to approve a minor subdivision as outlined in DRB application No. 91 -54 contingent upon vacation of the 66 foot road easement. Council Member Neal seconded the motion. Council Member Reinert said that he did not receive a copy of the Certificate of Survey and asked if the vacation of the road easement is tied into future development. Mr. Miller explained that the easement was not for potential development but for the use of the property owner on the south to get to the parcel behind his homestead. This property owner has another access to his property and the easement is not needed. VOTING ON THE MOTION: Bisel ® Bohjanen Neal ❑ Reinert El Abstained: Neal, Kuether Motion failed. Kuether ❑ Council Member Reinert moved to return this item to the DRB and request that a ghost plat and certificate of survey be required. Council Member Neal seconded the motion. Motion carried with Council Member Bohjanen voting no and Council Member Kuether abstaining. Set Public Hearing for Vacation of a Street and Road Easement for Land Located in the NW 1/4 of Section 4 for January 13, 1992 at 7:15 P.M. - This matter was tabled pending action on the minor subdivision request. Set Public Hearing for a Rezone of Land Described as Outlot A of Nordin Manor from General Business to S -R, Suburban Residential for January 13, 1992 - Council Member Bohjanen moved to set this public hearing. Council Member Reinert seconded he motion. Motion carried unanimously. Consideration and Approval of Request for Variance Submitted by Bob Moser, DRB Application No. 91 - 46 - Mr. Miller explained that R. J. Moser Builders, Inc. constructed a residence at 6457 Fawn Lane. A survey completed in March, 1991 indicates that the house did not meet the required five (5) foot setback but is about seven (7) inches too close to the property line. The property owners are concerned that this error may "cloud" the title to the property or in some way make the future sale difficult. The applicant is asking for an after - the -fact variance permitting construction of the house to within 4.3 feet of the side lot line. This would be on the garage side of the house. PAGE 9 242 24 COUNCIL MEETING DECEMBER 19, 1991 The DRB had considered the request at the November, 1991 DRB meeting and asked the property owner to contact the neighbor and ask if he would be willing to sell enough property to the applicant to meet the setback requirements. The neighbor felt that he was unable to comply with the request. The DRB moved to recommend approval of the variance request at their December, 1991 meeting. Bob Moser, builder of the home explained that the error in the location of the house could have happened for several different reasons and could not tell who was at fault. Council Member Kuether moved to approve the variance and Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel EYI Neal Bohjanen Reinert El Kuether Abstained: None Motion carried unanimously. The six findings of fact to support the variance are: 1. The property in question cannot be put to use for other than Single - Family purposes. 2. The plight of the landowner is not of his making. 3. The hardship is not of economic considerations alone. 4. The landowner is gaining no special privilege in the final use of his property, i.e he is using the land for a single - family residence as are all neighbors. 5. The requested variance will not diminish the property values within the neighborhood, the adjacent property is more than five feet from the property line thus giving a normal appearance to the area. 6. The proposed variance will not defeat the purpose and intent of the zoning ordinance to reserve this area for sing - family residential development with adequate setbacks for health and safety purposes. Consideration and Approval of Site and Building Plans Review for Klosner - Goertz, DRB Application No. 91 -55 - The applicant owns Lot 11, Block 1, Lino Industrial Park. This lot is located almost directly east of the entrance to the Minnesota Correctional Facility on 4th Avenue. The applicant proposes to construct a tilt -up concrete panel building as an office /warehouse consisting of about 4293 square feet. No outside storage of building material is proposed. PAGE 10 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 The parking area in front of the building is proposed to have seven (7) stalls and includes concrete curb and gutter. The parking area in the rear will be asphalt. The site is zoned Light Industrial (LI) and contractor storage is permitted if it is enclosed within a building. The DRB has recommended approval of the request including approval of the Planner's recommendation outlined in the DRB "green sheet" dated December 11, 1991. Mr. Miller explained that applicant has done a good job of meeting City design criteria for industrial development. However, two (2) issues do remain. The plan proposes an overhead door on the front of the building. Mr. Miller is recommending that the door be deleted from the plan. The second issue is that currently sanitary sewer and municipal water are not available to the lot. Mr. Miller is recommending that the owner agree at this time to accept assessments for the utilities when they are extended to his property in the future. Rocky Goertz, 3915 - 133rd Lane explained that the assessments would be approximately $27,000 for his lot. He said he would have not problem with this but was concerned about when he would be required to pay the assessments. He also noted that at this time he would have a large amount of money invested in a septic system and well and did not want to face the possibility of assessment in the near future. Mr. Schneider explained that the City is not considering extending utilities to the lots north of Mr. Goertz's lot. Council Member Reinert said that the City would not force utilities past Mr. Goertz's lot until there was a demand for the services north of his lot. Mr. Goertz addressed the front overhead door issue. He explained that the door was needed so that he could store his truck inside the building. There is not enough room inside the building to allow the storage of the truck without the ability to drive straight through. Without the front door, the truck would have to be stored outside of the building. Mr. Goertz also said he felt the landscaping requirements were "out of hand ". Council Member Bohjanen said he felt that the overhead door on this proposed building would not look any worse than the overhead doors on the new fire station. He moved to approve DRB Application No. 91 -55 and allow the overhead door and keep the landscaping as approved by the DRB. Council Member Neal seconded the motion. Council Member Reinert asked Mr. Miller why he was recommending that the overhead door be eliminated. Mr. Miller explained that the door would be located almost directly across from the Correctional Facility gate. An open door would be very visible and would be more intrusive than a truck parked next to the PAGE 11 244 245 COUNCIL MEETING DECEMBER 19, 1991 building. Mr. Miller explained that with a building such as Emtech is building, a good looking facade should be maintained. He also noted that in the future, the present owner may sell the building. The new owner probably would not have use for the overhead door. Council Member Bohjanen agreed to reword his motion to read, " approve the DRB Application No. 91 -55 and include all of Mr. Miller's recommendations ". Council Member Neal agreed to amend his second to the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether Abstained: None Motion carried unanimously. PUBLIC HEARING, REZONE, SHORES OF LAKE MARSHAN, (FORJAY PROPERTY) Mayor Bisel opened the public hearing at 8:37 P.M. and asked that the matter be continued until January 27, 1992 at 7:00 P.M. Council Member Kuether moved to approve this request. Council Member Neal seconded the motion. Motion carried unanimously. PLANNER'S REPORT Consideration of Request from Mr. Ed Vaughan for Re- affirmation of His Right to Privately Instill Streets and Utilities in Pheasant Hills Preserve - Mr. Miller explained that Mr. Vaughan's engineer has prepared a draft resolution which outlines the sequence of events that have occurred with the development of Pheasant Hills Preserve and the evolution of City policy regarding privately installed improvements. The resolution would re- affirm Mr. Vaughan's right to continue construction in the Pheasant Hills Preserve project as a private contract, installed by the developer. Council Member Reinert restated the previous City policy regarding installation of improvements and current City policy on the matter. Mr. Volk explained that the change in policy allowed the City to be in control of the installations, to make sure all inspections were completed and to be sure the installations were completed to City requirements. He noted that there had been problems in the past with nearly every developer installed project. PAGE 12 1 1 COUNCIL MEETING DECEMBER 19, 1991 Steve Johnston, Louck & Associates explained that the intent of the resolution was to clarify the right of Mr. Vaughan to install improvements privately. He noted that the first phase was City installed because of the area wide commitments made by Mr. Vaughan. However, from this point, the installations will only benefit Mr. Vaughan's property and he may wish to privately install all improvements. Mr. Johnston said that he would like to formalize what happens tonight because of the change in City staff and Council and would also like to amend the current developers agreement to include this right. Mr. Hawkins explained that the current developers agreement refers only to the first phase and this agreement cannot be amended as is being requested. Council Member Bohjanen moved to adopt the resolution prepared and submitted by Mr. Vaughan. Council Member Kuether seconded the motion. Mr. Schneider explained that there has been many problems with developer installed projects. In early 1990, the City Council held long discussions on the matter and accepted the recommendation of Mr. Schneider and changed the policy regarding developer installed projects. Mr. Schneider explained that since the quality of engineering work on private developments in Lino Lakes has been a problem and since it is possible that there could be changes in ownership and engineers retained by the developer, the City of Lino Lakes should maintain control of the engineering work on this development based on the quality of engineering work provided by the developer on the privately installed improvements. Council Member Reinert moved to amend the motion to include the recommendation of Mr. Schneider relative to the quality of the project. Council Member Kuether seconded the motion. Mr. Volk recommended that since the policy of the City prior to October 8, 1990 was to allow the City the option of allowing a developer to install private improvements in his development and since the improvements in Pheasant Hills Preserve will be installed over many years in many phases, the City should review the quality of the work on the improvements on a phase by phase basis and the City Engineer and Director Public Works should report to the City Council and the City Council should maintain the City option of allowing private improvements for a development in a phase by phase basis. Council Member Reinert moved to amend the amendment and review each phase as recommended by Mr. Volk and keep options open to the City. Council Member Kuether seconded the motion. Mr. Volk noted that he works for the City Council and will keep them informed on the progress of the work. PAGE 13 246 247 COUNCIL MEETING Voting on the amendment to the amendment: VOTING ON THE MOTION: Bisel Neal El Bohjanen Eg Reinert Kuether Abstained: None Motion carried. Voting on the amendment to the motion: VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert El Abstained: None Motion carried. Voting on the original motion: VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether Kuether DECEMBER 19, 1991 Abstained: None Motion carried unanimously. The Council took a five minute recess at 9:00 P.M. Consideration of Amelia Lake Estates Comprehensive Land Use Plan Amendment - This matter was considered at the November 25, 1991 Council meeting and a motion to amend the Comprehensive Land Use Plan did not receive the necessary four fifths vote. Mr. Ron Birch, developer of this area has asked that the Council reconsider the matter. Mr. Miller explained that the Amendment has received the approval of the Metropolitan Council and the DRB has recommended approval of the Amendment. Council Member Bohjanen noted that this matter has been under consideration for some time and moved to approve the Comprehensive Land Use Plan Amendment. Council Member Kuether seconded the motion. Council Member Reinert explained that a process for mediation PAGE 14 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 between the landowner and the adjoining property owners has been determined and will be occurring in January. He felt that there should be some resolution of the differences before this matter is acted upon. Council Member Kuether explained that she had seconded the motion because Mr. Birch does have the ability to develop something on the property regardless of whether or not sewer and water services are extended to the property. Mayor Bisel noted that emotions and personal feelings have been very high regarding this matter. However, a landowner does have the right to develop his property. Mayor Bisel also noted that municipal utilities were not available until 1990 and this changed the entire situation for this developer. He also noted that the City Council did approve the concept plan and at no time has the developer ever been told to stop any of his development plans. Art Hawkins, 6102 Centerville Road asked if the letter he has received regarding a meeting is no longer valid. Council Member Kuether said that the meetings should be held to determine what will be developed and how big the lots will be. She asked Mr. Hawkins if he felt the purpose of the meetings was to stop development entirely. Mr. Hawkins said that he has let his feelings be known from the very beginning and are a matter of record. However, he felt there were many unresolved points and the necessary permits have not yet been issued. Council Member Kuether asked Mr. Hawkins if he and his neighbors were trying to negotiate with the developer. Mr. Hawkins said they are trying to understand what the developer is trying to do and to find some middle ground for development. Council Member Kuether said that approving the Comprehensive Plan Amendment should not interfere with the negotiations. Mayor Bisel said he was unclear about the proposed meetings with the developer. He felt that this would set a dangerous precedence because the Park Board and the DRB were being "skirted ". Mayor Bisel said he felt the questions are does the developer have the right to develop his property, did he go through the proper procedures and did the Council lead him to believe he could or could not develop. Mayor Bisel felt the developer deserved answers to these questions. Council Member Reinert felt that since everyone has not talked together, they should meet and come to an understanding. There have been many rumors and innuendos. The neighbors have raised some concerns and there should be an attempt to resolve the concerns. Council Member Reinert said he has never heard the residents say that the land should not be developed. A major change is being proposed for this area and it will affect the community and they have the right to be heard. He noted that a PAGE 15 248 249 COUNCIL MEETING DECEMBER 19, 1991 very good proposal has been prepared by the City Administrator and it will bring the people together. Mayor Bisel said he felt that this would be irregular and he viewed the entire City as a community not just this portion. Fritz Knaack, attorney for Mr. Ron Birch said it has been implied that the two factions concerned here have not talked to one another. However, Mr. Birch has made it very clear that he is ready to participate in any discussion. Mr. Knaack also noted that Mr. Birch has followed every rule of the City and has tried to accommodate all issues of the City and the neighbors. Mr. Birch is trying to develop by following the Planned Unit Development (PUD) zoning of the City. This means there will be on going discussions with the City staff and the neighbors. Mr. Knaack explained that if the Council adopts the Comprehensive Land Use Plan Amendment, they will not be in any manner accepting the development plan of the developer. Again Mr. Knaack said the developer is willing to talk to anyone. Mark Winiecki, 6387 - 20th Avenue said he felt if the Council approved the Comprehensive Land Use Amendment, the Council would be eliminating a negotiating issue. He noted that at previous meetings, the developer has said he needs so many units to make the development economically feasible. Mr. Winiecki said he felt the Council was representing the residents and they are asking the Council to vote no on this issue. He said that the residents did not want to stop development however all of sudden it appears that the "ball game" is changing. Amy Donlin, 6100 Centerville road told the Council that four (4) years ago her application for land division for 2.5 acres was denied and she was told she must have 10 acres before approval would be given. The Council was very firm with her and she said what is fair for her should also be fair for Mr. Birch. Ms. Donlin said that she and her family have invested a lot of time and money and is interested in the future of Lino Lakes. She felt it was extremely unfair to allow Mr. Birch to develop as he has proposed and said she wanted to be heard. Mayor Bisel explained that Mr. Birch also asked for a two and one half (2 1/2) acre subdivision, but was denied. He also explained that at the time Ms. Donlin asked for a land division, municipal sewer and water was not available and the Council made the proper decision. Mayor Bisel explained that now that these services are available the Council must decide if this part of the City should develop with urban development or rural development. Mr. Miller asked to clarify the definition of Rural Service Area. He explained that in the Comprehensive Land Use Plan, the area that is proposed to be developed by Mr. Birch is designated Rural PAGE 16 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 Service Area. This means that until such time as municipal utility services become available, the land will be designated Rural Service Area and be developed into at least 10 acre lots. Nowhere does it say or does it mean that the land will be an agriculture preserve. Rural Service Area is a holding zone until services are available. The Metropolitan Council recognizes this and have approved only two (2) designations for Lino Lakes, Urban Services Area and Rural Services Area. No one has ever been interested in preserving land otherwise there would be an Agriculture Preserve zoning in Lino Lakes. Mr. Art Hawkins said that Lino Lakes operates as a Charter City and he felt that in this matter the Charter has been ignored. He felt the citizens of the area should be brought into the negotiations. Mayor Bisel explained that the Charter says that Lino Lakes is not an island unto itself and does cooperate with regional agencies such as the Metropolitan Council. However, the Metropolitan Council will not re- assign land designation just because utilities have reached the Lino Lakes boundary. The City must from time to time re- evaluate the Comprehensive Land Use Plan and prepare changes for the Metropolitan Council to act upon. Mayor Bisel also noted that the Metropolitan Waste Control Commission sets the number of units that can be constructed on the sewer facility and allows the City to determine where these units can be constructed. Ron Birch, 3788 LaBore Road said that he is a large tax payer in Lino Lakes and still does not have a home here. He said he is looking forward to meeting the neighbors and hoped that the meeting dates could be worked out with some speed. Mr. Birch explained the entire background regarding the purchase of the land and the many times he has tried to build something on the land. He said he sympathizes with the Council, however, he noted that when he presented the concept plan he told the Council he would need everyone to "push" for the concept including the citizen input. Mr. Birch said that he was doing everything required by the City Code, Charter and the Council. He asked for some positive action from the Council. Council Member Reinert said that he felt that forcing the issue tonight could create more irritation. He asked why such a push to get a vote tonight? Council Member Reinert felt that there was much misunderstanding on both sides and if the issue was forced tonight, the matter may not go anywhere. Mr. Birch said that after 11 months, he felt he was not forcing anything but taking the matter out of the hands of the staff and asking that the Council continue the process as outlined in the City Ordinances. PAGE 17 250 251 COUNCIL MEETING DECEMBER 19, 1991 Bob Adamson, 6001 Sargent Court asked now that services are available does the Council want the area to remain rural? He said from an environmental point of view sanitary sewer would be an advantage for the area. He also asked what is economically feasible, 10 acre lots, 2 1/2 lots? He noted that earlier this evening he heard discussion indicating that services may cost $27,000.00 per acre. Mr. Adamson said the intent of MUSA was to provide services but not to 10 or 2 1/2 acre lots. Council Member Bohjanen asked if the Council does not approve the Comprehensive Land Use Plan Amendment, has the Council in any manner mislead the developer? He noted that the proposal has been to all agencies and has received all other approvals. Council Member Neal asked for a checklist similar to that used in other developments. Council Member Bohjanen took issue with Council Member Neal and Council Member Neal left the meeting. Mr. Winiecki asked if he wanted to put a hazardous waste dump on his land and he went through the process and received all the necessary approvals, would he get Council approval? Council Member Kuether asked Mr. Winiecki what basis does the Council have for stopping the development? She also asked if Mr. Birch will ever have the support of the neighbors. Council Member Kuether asked what happens if the meetings take place and there is still not agreement. She asked how open minded and fair will the neighbors be? Mr. Winiecki said if this motion passes tonight, Mr. Birch will know how many units he can build. Council Member Reinert said that there are definitely two (2) sides to the matter and if all negotiations fail, the Council will have to take action regardless of how difficult it is. Tami Adamson, 6001 Sargent Court said that she and her husband tried compromise on their development. However, all the residents could say is that they did not want the development. She explained that it was very expensive. Art Hawkins noted that great emphasis has been placed on thoroughness. However, he explained that the first time the residents heard about the development, they were told it was a "done deal ". Mr. Hawkins noted that recently he was told that his property is included in the MUSA boundary. He asked if it was legal to include his property in MUSA without letting him know. Mr. Hawkins also said that adjacent landowners were notified that certain land reclamation construction would be taking place at the gravel, pit. However, the reclamation has not yet been completed. Mr. Knaack said that following the ordinances and following the law would not affect whether or not Mr. Birch would follow PAGE 18 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 through with the discussions with the neighbors. However, Mr. Birch needs to engage in good faith discussions. Council Member Reinert asked if the motion is defeated this evening, can it be brought back at any time. Mr. Hawkins explained that a four fifths vote is needed to pass. If the motion is defeated, it can be brought back at any time. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal ❑ Reinert ❑ Abstained: Reinert. Council Member Neal was absent. Motion failed because a four fifths vote is needed. Consideration of Amelia Lake Estates Rezone, Ordinance No. 10 - 91, FIRST READING - Council Member Kuether moved to delay action on this matter until after the meeting between the developer and the residents. Council Member Bohjanen seconded the motion. Mr. Knaack explained that if the Council votes to deny the rezone and the reasons for the denial are found to be insufficient, the matter can be brought back before the Council at any time. Mr. Hawkins, City Attorney said this is correct, the staff should prepare the reasons for denial of the rezone and then the Council should vote on the matter. The petitioner has the right to have specific reasons for denial of the request. Council Member Kuether withdrew her motion and Council Member Bohjanen withdrew his second. Council Member Reinert left the Council chambers for a few minutes. When he returned Council Member Bohjanen moved to approve Ordinance No. 10 - 91. Mayor Bisel seconded the motion. Council Member Kuether said that the services must be approved before the rezoning can be approved. She felt the rezoning matter should be considered after the meetings between the developer and the neighbors. If the meetings fail, the Council will have to take action to resolve the matter. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal ❑ Reinert ❑ Abstained: Reinert, Council Member Neal was absent. Motion failed. (Resolution No. 92 - 21 was prepared listing six PAGE 19 252 253 COUNCIL MEETING DECEMBER 19, 1991 (6) findings of fact for denying Ordinance No. 10 - 91 rezoning Amelia Lake Estates. Resolution No. 92 - 21 was adopted at the February 10, 1992 Council meeting. A copy of Resolution No. 92 -21 can be found at the end of these minutes.) City Attorney, Bill Hawkins explained that the rezone request has not failed. The Council will still have to address the matter of the rezone or it is deemed failed. It was noted that four (4) meetings have been scheduled between the developer and the neighbors. Mr. Knaack explained that Mr. Birch views the actions of the Council as a breach of good faith and a violation of the ordinances. He has agreed to meet with the neighbors but may reflect on this. Mr. Knaack requested that the remaining two (2) items be considered this evening. Council Member Reinert said he felt that this may hamper future discussions. Consideration of Joint Powers Agreement with White Bear Township, City of Lino Lakes and Developer Regarding the Extension of Sewer and Water for Amelia Lake Estates Proposed Town Homes - Mayor Bisel said he felt it was important to let White Bear Township know what the future plans of Lino Lakes are. Council Member Bohjanen moved to approve the joint powers agreement with White Bear Township to extend utilities to a portion of this City. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal ❑ Reinert ❑ Abstained: Reinert, Council Member Neal was absent. Motion carried. Consideration of Amelia Lake Estates Tax Increment Financing Plan (Subject to Final Approval of Repayment Agreement by Both Parties) - Mr. Miller explained that Mr. Ron Batty has recommended that this matter be tabled. ATTONEY'S REPORT Consideration of the Sale of the 1992 Certificate of Indebtedness - Mr. Hawkins explained that approximately one (1) month ago the Council authorized him to accept quotations on the $135,000.00 1992 Certificate of Indebtedness. Quotations were solicited from three (3) local banks as well as Norwest Bank. Two (2) bids were PAGE 20 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 19, 1991 received: 1) Norwest Bank, 6.18 net bid and Firstar Centennial, 5.28 net bid. Mr. Hawkins explained that both bids were reasonable and recommended that the City Council accept the bid from Firstar Centennial. Council Member Reinert moved to accept Mr. Hawkins recommendation. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal ❑ Reinert Abstained: None, Council Member Neal was absent. Kuether Motion carried. OLD BUSINESS Ed Treise, 2012 Stowe, Arden Hills addressed the issue of the minor subdivision for the Alcock estate. He explained that he is attempting to purchase 30 acres for one house and asked why a ghost plat was required. Mayor Bisel said that the Council has acted to send the matter back to the DRB for clarification. He noted that in the future municipal utilties will be available in this area and the Council wanted to be sure that all issues have been addressed. Council Member Kuether explained that a professional drawing was not necessary, only a drawing showing where the house would be located. Mr. Bob Cordell explained that he was very angry with this situation. He said he has tried for the past 11 years to subdivide and sell the property for the estate. A ghost plat is already on record at the city hall. Certificates of Survey were also delivered and should have been given to the Council with their packets. Mr. Cordell said he has "bent over backwards" to comply with all the regulations. Mr. Miller gave the Council Members copies of the Certificate of Survey. He explained that Mr. Triese wishes to do two (2) things; purchase all the property except the two (2) 4 1/2 acre lots, vacate the existing easement so that he can put his road where it will work best for him. Mr. Miller said that compared to the previous presentations by the estate, this presentation is by far the best. Currently, Mr. Cordell has a City Council approval on an eight (8) parcel subdivision and most of the parcels are landlocked. Council Member Reinert moved to approve DRB Application No. 91 -54 allowing the minor subdivision of the Alcock property. Council PAGE 21 254 255 COUNCIL MEETING Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen © Kuether Neal ❑ Reinert Abstained: Kuether, Council Member Neal was absent. Motion carried. DECEMBER 19, 1991 Council Member Bohjanen moved to set the public hearing for the rezone of Outlot A, Nordin Manor. Mayor Bisel seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen © Kuether ❑ Neal ❑ Reinert Abstained: Kuether, Council Member Neal was absent. Motion carried. NEW BUSINESS Call First Council Meeting of the Year, January 6, 1992 - Mayor Bisel noted this meeting. Council Member Bohjanen read a statement expressing great pleasure in serving as Council Member and Mayor for 18 years. Mayor Bisel read a statement thanking the people of Lino Lakes for the honor and privilege of giving him the opportunity to serve on the City Council as Council Member and Mayor during the past six (6) years. Council Member Bohjanen moved to adjourn at 11:10 P.M. Aye. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on February 24, 1992. J c?j Mari yn . Anderson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 22