Loading...
HomeMy WebLinkAbout07/27/1992 Council Minutes1 1 1 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 27, 1992 DATE July 27, 1992 TIME STARTED • 5 :30 P.M. TIME ENDED 6:30 F.M. MEMBERS PRESENT: Reinert, Neal, Kuether,! Elliott, ' Bergeson MEMBERS ABSENT : None, Council Member Neal arrived at 6:05 P.M. Staff members present: City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Consulting Planner, Alan Brixius; City Attorney, John Burke; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson The purpose of the closed Council meeting was to discuss the Ron Birch, Amelia Lake Estates litigation. Mr. Schumacher presented briefly the background on this matter. He explained that the League of Minnesota Insurance Trust has appointed an attorney to represent Lino Lakes. The attorney appointed by the League, Tom Radio proposed that both parties in the litigation go before a magistrate to determine if there were any matters of agreement. A meeting was held with the magistrate. Mr. Schumacher, Mayor Reinert, and Council Member Bergeson attend the meeting as well as Mr. Birch and his attorney. The magistrate asked that Mr. Birch prepare another plat following the current City ordinances and submit it to staff for review. The plat was submitted on July 17, 1992 and then was given to Mr. Brixius for his review. Mr. Radio asked that the City Council give him further direction in this matter. Mr. Brixius presented a written review of the plat submitted by Mr. Birch. He noted that the original plat contained 252 units and the current plat contains 240 units or about five (5) units per acre. Mr. Brixius explained that the land use as proposed by Mr. Birch would require a change in the Lino Lakes Comprehensive Land Use Plan, a change in the Lino Lakes MUSA boundary, a rezone, and an Environmental Work Sheet. PAGE 1 CLOSED COUNCIL MEETING JULY 27, 1992 Mr. Brixius explained that the request for a rezone would require a policy decision by the City Council. He questioned if the proposed plat was compatible with the current Comprehensive Land Use Plan. He noted that the current use is Rural which encourages staged and orderly development. The plat proposed by Mr. Birch would consume all of the sewer capacity available for the entire area. There is also a concern with wetlands and lake protection. Mr. Brixius noted concern regarding a fairly concentrated population in a small area and explained that there would be increased costs, increased emergency response time and traffic congestion on 20th Avenue. Council Member Bergeson noted that when the matter was referred to the magistrate, there was a list of technical items such as setbacks, street width, right -of -way and the cul -de -sac which were of concern. Mr. Brixius said that the plat would be a Planned Development Overlay (PDO) and setback requirements, parking arrangements and other such items would be reviewed in this context. Mr. Brixius noted that he had not looked at the storm water drainage plan. Mayor Reinert said the density issue has not been addressed and thought that the magistrate had asked for something better from Mr. Birch. Mr. Brixius said that the proposal is very different in nature from the original proposal. The original proposal consisted of 85 units on about 20 acres as compared to the present 240 units. In addition, Mr. Birch had proposed expensive townhomes and now is no longer proposing the expensive units. Council Member Kuether said she preferred the higher priced units. Mr. Brixius said he felt that this proposal is way out of line when compared to the balance of the community. The current proposal is a concentrated development and the City Council has had a strong philosophy of staged growth. Council Member Kuether asked Mr. Brixius what he thought was the best use of this area. Mr. Brixius said that the proposal is not inappropriate but is premature in time. He noted that since the area is so close to I35E, higher density housing is a good use. However, at this time, he would suggest leaving the area at the four (4) units per 40 acres density. Mr. Schumacher explained that the City must respond to Mr. Birch's proposal by August 7, 1992. Another meeting with the magistrate is scheduled August 31, 1992. Mr. Schumacher said that the magistrate expressed a desire to negotiate a climax to this situation. However, he felt that the magistrate was not PAGE 2 1 1 1 1 CLOSED COUNCIL MEETING JULY 27, 1992 fully educated on situations such as this. Mayor Reinert said that both parties must deal with the issue of density. Mr. Schumacher outlined the options; the City Council can accept Mr. Birch's proposal, accept something less or leave the area as it is now. Mr. Radio would like some response from the City Council. Each Council Member expressed their opinion regarding Mr. Birch's proposal. Mayor Reinert said he thought that the City was entering into this matter in good faith. Council Member Kuether said she liked the original proposal better, Council Member Elliott was in favor of leaving the area rural and not losing control of the destiny of the City, and Council Member Bergeson expressed concern regarding the possible outcome of the matter if it went to court. Council Member Bergeson also noted that during the process, Mr. Birch seemed to get the "green light ". He said he was inclined to negotiate less density. Mr. Schumacher explained that Mr. Radio had expressed the same concern. However, Mr. Hawkins had stressed that the insurance attorney would like to negotiate a settlement to reduce costs. Mayor Reinert said if this is the case, a developer can force a city to rezone to fit what he feels is good just by threatening a lawsuit. He felt that this would take away the ability of a City to control orderly growth. Mr. Burke explained that the current zoning is the one strength in this case. Rezoning requires a four - fifths vote. Zoning is the cities business and the courts are reluctant to step into these matters. Council Member Neal said he felt that the matter should go to court and then a jury would make the decision. Council Member Bergeson asked if there would be a jury and Mr. Burke said either party could ask for a jury. Council Member Kuether asked who would pay the expenses for the City and Mr. Burke said it would be the insurance company. Mr. Burke suggested that the City Council give Mr. Radio something positive to take to the magistrate. Mr. Brixius suggested that a lesser zoning district be considered such as a R -2 zoning. Mayor Reinert said he would stand on the basis of the report from the City Planner. Council Member Bergeson suggested looking at the original density and negotiate with Mr. Birch. Council Member Kuether agreed with Council Member Bergeson. Council Member Neal favored taking the matter to court. Council Member Elliott felt that Mr. Birch got as far as he did in an improper manner and the City should not be forced to accept anything except that which would fit into the present zoning. PAGE 3 CLOSED COUNCIL MEETING JULY 27, 1992 Mr. Brixius asked if the City Council would reconsider the original presentation from Mr. Birch? Mayor Reinert, Council Member Elliott and Council Member Neal said no. Mr. Burke said he would refer the City Council's reaction to Mr. Birch's proposal to Mr. Radio. The meeting was adjourned at 6:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting on June 12, 1995. kX��;� Ma 11 i G: Anderson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 4