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Lino Lakes City Council Minutes <br />Mayor Rafferty stated that he would review the conditions of the citation with staff and follow <br />up with Mr. Miho. <br />Catherine Decker, 614 Pine Street, Lino Lakes, stated that her property is located along the <br />northeast side of the Nature's Refuge North development. She stated that she believes the City <br />of Lino Lakes, Rice Creek Watershed District and the developer M I I Homes are actively violating <br />drainage and grading laws. She stated that she will pursue legal action if these violations are not <br />immediately corrected. She stated that there is documentation that the grading plan shows the <br />developer has raised the ground elevation higher than the adjoining properties including her <br />property. She stated that the drainage path, which has historically carried water off their land <br />has been cut off. She stated that M I I Homes has built a retaining wall of dirt at the property line, <br />turning neighboring parcels into receiving basins for storm water. There is no functioning Swale, <br />no permanent outlet, no drainage easement protecting existing residents. She reviewed city <br />code, watershed district rules, and Minnesota Pollution Control Agency regulations, related to <br />adverse drainage impacts on adjacent properties. <br />Ms. Decker stated that if this project continues without a properly designated perimeter swale <br />along the northeast boundary to a recorded drainage easement protecting affected <br />homeowners, and there isn't independent verification that runoff will not exceed pre - <br />development levels. She will initiate a civil lawsuit naming M I I Homes, the City of Lino Lakes and <br />any responsible engineers as defendants. She stated that she expects an immediate enforcement <br />of the rules, a stop work order on the northeast section, and full transparency regarding all storm <br />water and grading documents. If that does not happen voluntarily it will happen through the <br />court. <br />Chris Stowe, 426 Pine Street, Lino Lakes, expressed his strong opposition to the City owning and <br />operating a cannabis retail business while also issuing business licenses to private competitors. <br />The City's role is to regulate businesses, not to compete with private citizens. He stated that by <br />entering the cannabis business the city exposes itself to enormous legal liability when a private <br />customer leaves a city owned dispensary impaired and causes and accident. <br />Mr. Stowe stated that the Minnesota Constitution prohibits public funds from being used <br />privately or for private or proprietary ventures. He stated that any resident of Lino Lakes has a <br />legal standing to challenge this decision in court. If the Council proceeds, it is inviting litigation <br />and public scrutiny, and he will be among those ready to pursue both. The City of Lino Lakes <br />should not be in business. It should be supporting businesses. He urged the Council to <br />immediately withdraw any city involvement in cannabis. <br />Mr. Stowe stated that on another matter he wanted to address the serious drainage problem <br />affecting his neighbors and other nearby properties. He stated that the problem his property is <br />experiencing right now is historically the drainage that flowed south from their properties, and <br />then west through the culvert where the new road is being built and into the ditch south of Andall <br />Street is now flowing north of Andall Street. And the Andal Street pipe is two feet too high. He <br />stated that he has been complaining about that pipe being too high for years now. He said the <br />Page 2 of 7 <br />