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HomeMy WebLinkAbout01/27/1992 Council Minutes (2)1 1 CLOSED COUNCIL SESSION CITY OF LINO LAKES COUNCIL MINUTES JANUARY 27, 1992 DATE : January 27, 1992 TIME STARTED : 6:58 P.M. TIME ENDED • 7:13 P.M. MEMBERS PRESENT: Reinert, Neal, Elliott MEMBERS ABSENT : Kuether Staff members present: City Engineer, Darrell Schneider; Attorney, Bill Hawkins; Administrative Assistant, Dan Tesch and Clerk- Treasurer Marilyn Anderson. The purpose of the closed Council meeting was to discuss a draft of a proposed agreement in the litigation brought against the City by Paul Howard, Baldwin Lake Court. Mr. Hawkins briefly explained the background on this matter. He explained that a meeting had been held on Thursday, January 23, 1992 with Mr. and Mrs. Howard and their planner and attorney. Mr. Schumacher, Mr. Schneider and Mr. Hawkins were also present at this meeting. The purpose ,of the meeting was to find a solution and end the litigation. A draft agreement has been prepared and if the draft is acceptable to the City Council, Mr. Hawkins will prepare the final agreement and bring it before the City Council for final approval. The settlement agreement resulted in a recommendation for revision of the March 20, 1990 Development Plan, Addition to Baldwin Lake Court and consists of eight (8) points: 1. Submission of a detailed screening /landscaping plan especially along Highway #49. A double row staggered pattern evergreen tree border will be placed along the southern boundary with a 10 foot spacing as shown on the plan. This is consistent with the plantings approved by the City along Birch Street at 12th Avenue. Every third evergreen will be 12 feet high and the other evergreens seven (7) feet high. PAGE 1 77 7$ CLOSED COUNCIL SESSION JANUARY 27, 1992 2. There will be no net gain in entrances from Highway #49. The office entrance and three (3) court street entrances now provide court access from Highway #49. The present office entrance will be closed upon opening of the new street and the number of highway entrances will remain at four (4). The existing unused curb -cut at the new development site will simply be improved as entrance to the new cul -de -sac. 3. Previously a concern had been expressed regarding the long cul -de -sac. A fire lane will connect the cul -de -sac ends of the existing and proposed two (2) southerly court streets. The fire lane will be blacktopped and used for emergency purposes only. 4. All homes along the southern boundary will be double wide. The net result is the loss of one (1) unit. A definition of "double wide" will be prepared. The homes will have a 3/12 pitch roof. 5. An easement to the City will be provided in the event there is a need to relocate the interceptor which goes to the Laurene Avenue lift station. 6. Trails will be constructed as shown on the plat plan. The Department of Natural Resources has given verbal approval and written approval will be necessary. The City will be allowed to connect any City trail system in that area. 7. Park dedication will be required and no credit will be given for the trail system. 8. The Development Plan is subject to Metropolitan Waste Control approval and the City will initiate the application for the construction of the sanitary sewer permit. Any approvals required from MnDOT will be the responsibility of Mr. Howard. The City will be given a set of the rental regulations of Baldwin Lake Court and will include all safeguards in the Court. Mr. Hawkins explained that when the settlement agreement is accepted by both parties, the City will initiate the rezone process and a public hearing will be set. Mr. Hawkins noted that this is a very good compromise. Mr. and Mrs. Howard have been very cooperative and have accepted the settlement agreement in principal. Mr. Hawkins recommended that the City Council accept the settlement agreement and authorize him to prepare the final agreement. The final agreement will be PAGE 2 1 1 1 CLOSED COUNCIL SESSION JANUARY 27, 1992 brought to the Council for their final action. The City Council agreed that the draft settlement agreement appeared satisfactory and to place this matter on the agenda for action when they return from this closed session. The closed session ended at 7:13 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on February 10, 1992. Marilyn G. Anderson, Vernon F. Reinert, Clerk- Treasurer Mayor PAGE 3 7