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HomeMy WebLinkAbout07-08-2024 - Council Meeting MinutesDATE: TIME STARTED: TWE EVIDED: I I I LI USA Wil 164, 6 July 8,, 2024 630 PM 903 PM City Council Chambers MEMBERS PRESENT: Mayor Rafferty,, Councilmembers Cavegn, Lynde, Ruhland and Stoesz MEMBERS ABSENT: None Staff Members Present: City Administrator Sarah Cotton; City Clerk Roberta Colotti, Community Development Director Michael Grochala; City Engineer Diane Hankee, City Attorney Jay Squires, Deputy Public Safety Director Kyle Weibel The meeting was called to order by Mayor Rafferty at 6:30 PM. Mayor Rafferty provided an overview of the Rules of Decorum for Public Comment. He provided first notice to those in attendance that the Sargent in Arms has been instructed to remove anyone that is disorderly. Public Comment The City Administrator noted that 23 people signed up to speak during the public comment period this evening. Dr. Abdirashid Shire, 2150 Water Mark Way, Lino Lakes, stated that he was present at the last Work Session, where he wanted to listen to the presentation by Zikar Holdings, but unfortunately,, it wasn't allowed and that agenda item was removed. He stated that it would be nice if we had listened to the presentation even though it had been presented before. He remembered a Councilmember was adamant about not hearing the presentation because the Council had heard it before and he didn't want to make any comments. He stated that, he appreciated the Mayor as well as Councilmember Cavegn that fought for the presentation to be listened. Dr. Shire stated that the second thing he want to mention is that the moratorium, that is under discussion. He stated that the City Attorney as well as the Community Development Director did mention that it is not necessary, because the Master Plan can do the work. So, he would be glad if the City Council turned that motion down, because there's no need for it. He added that the moratorium could be a precedent for future developments as well. Dr. Shire stated that even if ultimately, the motion passes or the moratorium is enacted, at least you have to appreciate the developer has invested at his time and resources. So, it'd be nice if they are going to be part of the discussion. So that their viewpoints are heard. He stated that he would be absolutely delighted if that happens, because it would show that there is some fairness in the process. He asked that even if the moratorium goes ahead, make sure we give a chance to the developer so that his input is being listened. Dr. Shire stated that ashewas going through the agenda for this evening, hecould see some petitions were being considered. He stated that while the petitioners can submit whatever requests they would like, however, he would ask that whatever comes before the City Council, that the Council please, respect the process, and befair for everyone. Asad Zaman, 1608 Como Avenue., St. Paul, urged the City Council to vote no on the moratorium, because it is not needed. And the reasons that have been advanced for it will not sustain scrutiny, which is sure to follow after enactment of the moratorium. He stated that the drive for this moratorium has divided the community. Wedonot want history torecord that the City ofLino Lakes was given anopportunity to grow and welcome people in and chose not to do so. He stated that hopefully when it's time for the hearing, we will give specifics about this moratorium and the questions that he asked last time that have not been answered. Chris Stowe, 426 Pine Street, Lino Lakes, stated that he tried to establish his credentials in water and wastewater management at the last meeting. He stated that everybody in the City Lino Lakes is now paying a s1orrnvveter utility fee. He stated that the stormvva1ersystem located off of his property and most of his neighbors runs through a ditch that currently floods the sod farms every time it rains. If you build that dirt up, it will back up in that canal and flood him and his neighbors out more. He noted that because the City listed itas a stormwater utility, the cost is not on the property taxes. He felt that was a poor way tokeep property taxes under the 2OY8orwhatever itis. Mr. Stowe state that he is in favor of the moratorium. He stated that too much growth too fast is very negative. He stated that if you look at what the City of Blaine is doing, their taxes are going up faster than ours. Look at what Columbus is doing their taxes are maintaining or even going down. He stated that the vast majority ofpeop|einLinoLakesvvan1thernonatoriurntogo1hrough.Hepointedtothe number of people in attendance this evening. He questioned the assignment of reserved seating for attendees at the meeting. Patty Miller, 476 Lois Lane, Lino Lakes, stated that she is in support of the moratorium to give the City time to create a plan for the development of both the north and south side of Main Street in the northwest quadrant. She stated that her biggest point is every well intended development has unintended consequences. The section of Lois Lane, between the park and the stop sign,, at Maryland Drive probably looked great on paper with the intention of the design to slow traffic through the neighborhood. However, it is a problematic situation with tight curves, making navigating the road difficult with cars parked on one side, much less if cars are parked on both sides, and emergency vehicles could not pass through if cars were parked on both sides. On the south side of the park, which is adjacent to the curves in the road, there is no designated parking, a parking pad with at least 10 spaces would have been a great feature. She suggested that any park in a new development account for parking and access. She stated that there isacost torapid, poorly planned development and not all costly mistakes can be remedied. Far beyond a pretty picture on paper. We need to ensure the safety of our current residents and the impact of their lives. Let's do it right and have well planned developments, not just well intended developments. Sana Ahmed, 2 Island View Lane, North Oaks, strongly urged the City Council to vote against the moratorium. She stated that she could confidently say that the same individuals working and collaborating tomove the Madinah Lakes project fomvardvvi||bringforthapositiveaddibontotheCity ofLino lakes. Amina Ahmed, 2 Island View Lane, North Oaks, stated that she has lived in Minnesota since 1970. She chose to live in this beautiful area because she fell in love with all it offers. She stated that she strongly believes that the Madinah Lakes project will enhance this community. She urged the City Council to vote against the moratorium. Ayesha Ahmed, 2 Island View Lane, North Oaks, stated that her family and her were here in support of the Madinah Lakes project. Having raised four children inthe surrounding communities for about 24 years, she has seen the northern suburbs grow and prosper. Her son has played numerous baseball games with the Centennial team. She stated that she believed the Madinah Lakes project will beavery positive addition tothis already vibrant community. Brandon Schorsch, Jewish Community Action staff representative, 2324 University Avenue, St. Paul., stated that he is here today to speak in favor of the Madinah Lakes project and against the moratorium. He stated that for 30 years, Jewish Community Action has worked with people from other communities because they also know what it's like tobea smaller ethnic and religious group inalarger place. He stated that why he thinks a project like Madinah Lakes is so great is because he grew up around projects like that. But he has also grown up in places like Texas, where some districts were being split in order to prevent students from right next door from going to the same schools. So, for people from other communities who grew up in places like Texas, who may have grown up in other states and have chosen to move to a place like Minnesota, moratoriums like these can make people feel jumpy. It's not an accusation that any individual here holds those proclivities. But hestated that where those ofuswho are coming to microphones are concerned, are coming from. He thanked the Council for their consideration and due diligence asthey gothrough all ofthe comments and legal documentation. Osman Ahmed, 1821 University Avenue, St. Paul, stated that he was here in support of the Madinah Lakes project. Hequestionedif1he|imitonpub|iccommen1vvas alimit onfreedom ofspeech. Hestated there isalways something that vvelearn from history. Heremembered reading something about Congress and the people who actually voted against establishing the Martin Luther King, Jr. federal holiday and three decades later, they regretted that they fought against that. He stated that to pass the moratorium is basically telling certain people of different backgrounds and religion they are not welcome in Lino Lakes. He said the Council might not say that by words, but the moratorium is a policy and that tells asimilar story. He asked that the City Council vote noonthe moratorium and that they think about the future ofLino Lakes residents and the future ofthe children and the grandchildren that will live inthis city for many years 1ocome. Luke VVa|1erlLove Lino Lakes group representative, 70OOMaryland Drive, Lino Lakes, offered a correction to the statement and documents provided by Faraaz Yussuf of Zikar Holdings on June 24, 2024 during public comment, related to negative comments posted on social media. He stated that while Mr. Yussufsubmi1ted the record as lOO pages there are in fact 83 pages. He stated that while the comments were attributed to the Love Lino Lakes group, most of the comments were not from the Love Lino Lakes group or their broader Facebook group. He noted that much of the presented social media posts had nocontext, the source couldn't beidentified, and some appeared tohave been manipulated. Soafull response packet, with notations and evidence that they have administered their group and removed people and removed comments will be submitted to the Council to go into record. Mr. Walter stated that the accusations related to the social media posts, are made by a man who is quoted as saying, "We are marketing to wealthy individuals that want to come home and be surrounded by people that look like us, talk like us and have the same religious beliefs." Mr. Walter stated that he didn't know how you couldn't call that hate speech. He stated that sounded like exclusion. He stated that he could share an audio recording and a transcript of the gentleman saying that. Mr. Walter stated that he strongly supports the moratorium. Mr. Walter stated that further onthe agenda is the receipt ofthe three -development related petitions that were supported by the Love Lino Lakes group. He stated that they hosted a community event where 1,2UOmeals served and 1,000 people signed the petitions to slow the growth of residential development, against division and segregation, and against shady developers. Mr. Walter stated the Love Lino Lakes group wants torevisit the 2O4OComprehensive Plan. They don't want multi -story residential development outside of downtown. They want commercial development to be expanded on the existing corridors, not on new sites. They want the largest possible lots. They want toslow pace and density. Se|a1 Tuke, 14I71 Drake Street NW, Andover, expressed his support for the Madinah Lakes project. He stated that building a mosque anywhere should be allowed. Just like the way we a||ovv churches to be built. He said that a mosque is a community center that helps, not just Muslim but almost everyone. So, heishere tosupport the construction ofthe mosque and the proposed housing. Hesaid that regarding multi -family house, that type of housing is a home and the families that live in those homes are like anyone else. Mr. Tuke asked that the City Council be fair in making their decision. He stated that they have been coming here since approximately March ofthis year, and asofnow they know exactly where the City Council stands, especially after the Work Session last week, and he doesn't think the Council will ever change its mind. He stated that he is just wondering, with this moratorium likely to pass, what is going tohappen next year (2O25)when the moratorium expires? What excuse going tobegiven again. |t seemed that by delaying the decision the hope is for the project not to be constructed. He stated that these kinds of barriers, if we let them go today, next time, his kids or himself will not be allowed to sit on these chairs or use the same restroom, because there's an excuse. He asked if you don't resist this behaviorlwhat will happen next? Solomon Adams, Deputy Executive Director ofthe Council onAmerica n-is|amicRelations (CA|R), Minnesotal 2511 East Franklin Avenue, Minneapolis, referenced the City vision statement that he recently read and he asked what type of example we want to set with that vision, is it one that is truly inclusive and represents the welcoming nature that isthis great State. Mr. Adams stated that if the proposed moratorium is passed, what happens ultimately, is a step by step plan that can be used by future cities to stifle progress and keep people and communities out. This moratorium is not needed and has caused immense division, not only in the city, but across the state. He referenced the discussion around the development plans and future planning. He stated that if the project was perfectly planned, there would be another reason to stand away from this plan. It's not that it's not nowl rather it's that it is not ewer. If these meetings show anything, is that the Minnesota Muslim community and its allies don't see home as the borders created around them rather that that the entire state isour home. VVe all call Minnesota home. All ofusare Minnesotans asmuch asanyone else. And if we're talking about dedication, the dedication ofdriving across the state week after week isatestament to that. BosheerMuhammad, 12724,Lady Street NE, Blaine, stated that it's amazing tosee how many people showed uptoday. He asked where they were when the plan was being presented toPlanning Board and Environmental Board no one showed up to those meetings because they were probably asked not to come. Hestated that the people who are leading the charge against this project did not want them to know how good ofa project itis. Hesaid those that say they like their city, space and surroundings as they are, should realize that the population ofthe city cannot stay the same from birth 10death. That the population is growing all over the world. He said that you own your house, not the whole city. Mr. Muhammad said that when he moved to his house 17 years ago, he could close his eyes and make a left turn and go to the main street. Today, he has to stop for over five minutes to make a left turn. Hundreds of new homes have been built and still are being built. He stated that he doesn't have any right tostop it. Hestated that hehas never been to any City Council meeting, oropposed any project because he owns his house only not the whole city. He said when Madinah Lake is built and occupied most Lino Lakes residents may not even notice any traffic increases, becausemostpeople will go towards Lexington/|-35.So, there's going tobehardly any impact asfar as the traffic isconcerned. He said one of the most important things that no one has mentioned is the is the revenue that's going to come from property taxes 10the city. Mr. Muhammad stated that heknows the City Council will pass this moratorium tonight because itis pre-p|anned.But heurged each Council Member todosome soul searching and do the right thing for the city and not look for their prospects for the next election. Sam Bennett, 6842Lakeview Drivel Lino Lakes, stated that hewanted totalk about adifferent subject. He said that he felt like there's not e lot of small businesses, not nearly as many as he would like to see in the area. He believes that a lot of that is the result of the design of the city that we're building. He said obviously factors like VVa|rnart and Amazon did a lot to hurt srna|| businesses. But he feels like decisions that are made inrooms like this all across America are making sure that small businesses can never comeback. Mr. Bennett stated that current big business design is not intended for people to actually spend time there. |1is a model designed to get what you want and get out. He would much rather see something like the White Bear Lake business development with shops like, Cup and Cone. He said that he wants to see development but he wants to see it done right. He said that we should do a better job of promoting small businesses and ingrowth along the corridor. Counoi|member5toesz thanked Mr. Bennett for organizing the County Road 49dean-up. Mr. Bennett said that there is another clean-up being organized, sometime around the third weekend in September. FarooqRim/i,I271ll[th Avenue NW, Coon Rapids,, stated that every municipality, every county has an obligation tolook after the growth. And not only the growth, but make sure the growth iswell planned. It is important that the city considers all the infrastructure needs and everything else. But itcannot stop progress. Hehas seen city after city, including Coon Rapids, Maple Grove, Woodbury, and others that have benefited tremendously from growth. From well planned, well -orchestrated growth that has led to their tremendous increase in strength in their tax base. He said that he understands there have been concerns raised about small businesses, but small businesses don't thrive in a culture where there isn't a good and strong tax base. Mr. Rizvi stated that he supports the Madinah Lakes development for several reasons. Number one, it's not being promoted and, and pushed bya fly bynight group who just want tomake afast buck. They will not doanything to harm the Lino Lakes community and its beautiful city and surrounds. Hesaid e likes 10think ofthe City ofLino Lake asagarden. All they are saying is add some more flowers tothe garden. And everywhere that there has been growth in a well -planned manner, has resulted in positive growth. |1isthe way ofthe future. Mr. Rizvi recommend that the City Council not adopt the moratorium. He stated that he is not saying throw caution to the four winds and just let the development go crazy. This is not adevelopment that is going 1ogocrazy. It's well planned and iLis going tobeincompliance with all the city regulations Melissa Schultz, 6831 Black Duck Circle, Lino Lakes, stated that she has a degree in architecture with courseymorkinurban planning and sustainabi|by.The last IGyears ofher career have been spent working onmajor infrastructure projects throughout the state and communities just like Lino Lakes. She stated that she works with Master Plans in her career. She said she recently spoke at a Planning and Zoning meeting. So, she wouldn't reiterate everything. But the main topic of the speech that she gave, there was the need fora moratorium and Master Man, with an emphasis on context sensitive solutions. Ms. Schultz stated that presentation, she took it upon herself to do a small study of the lots in the neighborhoods inthe northwest quadrant, going from Sunset toLilac then Main toFourth and the developments directly adjacent tothe fields. So, the surrounding homes inthe l97Oshad anaverage lot size of2.77acres. |nthe OOs,the lot sizes dropped bvpoint two acres. |nthe 9O�they dropped a massive 1.48 acres per lot. In the early 2000s. The lots got another point six, six acres smaller, the proposed development reduces that by another point 11 acres. So over 50 years of development in this area, the lot sizes have been reduced by a staggering two and a half acres per home. When looking at the average lot size ofall ofthe surrounding homes combined, the average lot size isI.43 acres, the average lot size of the proposed development is a mere point two. So, these lots are 1.2 acres smaller than the average adjacent lot. This isn't beneficial for wildlife, or natural resources. It can increase heat island effect, and doesn't benefit the existing residents. Ms. Schultz encouraged the City Council to vote yes on the moratorium, and to spend the next year having really meaningful conversations about what isbest for our beautiful community. Jeff Johnson 6965 Sunrise Drive, Lino Lakes, stated that he isinfavor ofthe moratorium. He questioned why the project was being proposed for this location by the developer. While it might be perfect for the developer, iLwould also besuch adrastic change toour area. Hesaid that helives inthis area because he likes what he has for open space. It's not up to him who lives next door, but he is not looking forward tohigh density orl5Ohomes, put down inasmall area. Yahye Khan, 12242 Bataan Street NE, stated that he is here tonight because he cares deeply about our community. He said that his mother didn't let him attend the last meeting because she feared for his safety. He said that his dad disagreed with her. His father encouraged him to come to this meeting and share his thoughts. He said that he asked his father who has been a proud resident of Blaine for many decades, if he ever felt hatred in his life. He said no, he said his mother, who wears a h'eb and works at the hospital, also agreed that she hadn't felt any hatred towards her in her life. He said that his mother has attended these meetings before, and found everyone friendly and welcome. He said that hehad also attended a couple of these meetings before and found everyone welcoming. He then asked why his mother felt a hint of fear that Monday about sending her children to this meeting. He questioned if it was because of the negative comments she read online. He questioned if it was because people who supported this project were kicked out of Facebook page or received threatening text messages. He said that he wanted to know what the Council Members would say to his mother about the fear she felt inher heart that day. Mr. Khan stated that helearned that the Madinah Lakes project includes 5Oacres ofgneenspacetrails and fields for soccerl football and basketball. It also includes a place of worship and is open to people of all faiths. Hesaid there are kids like him,who grew upplaying abasketball, soccer and football who would love a subdivision like Madinah Lakes that that they can enjoy the parks and facilities and become upstanding members of the community. He stated that he hoped the Council would not deny them the opportunity explore and 10make new memories and grow inthe great City ofLino Lakes. Sara Shahid I2724Leyte Street, B|aine,stated that she isastrong supporter ofnot only the Madinah Lakes development, but ofequality and justice and she isopposed 10the proposed moratorium. A moratorium is not required to undertake a Master Pan as outlined in the 2040 Comprehensive Plan. The moratorium has been targeted from the very beginning tothe developer. She stated the only applicant is Zikar Holdings. This is not a procedural issue, but a matter of fairness and justice. Last week, we witnessed a clear denial of due process by Council that has shown no courtesy as a whole. Yet members of this Council feel entitled to make unwarranted statements about this development without fully understanding all the facts. This is not how a fair and transparent process should work. Decisions today have long term implications not just for the development, but for the community at large. She requested that the Council choose alegacy offairness, transparency and progress. Dean Dovolis,, Madinah Lakes Project Architect, 333 Washington Avenue N., Minneapolis,, stated that this is the first time in a long history of working on various Master Plans in which the due process wasn't completed. He stated that atthe last City Council Work Session they were not allowed to present their project, even though developer paid his fee for a Concept Plan review. Hestated that atthat meeting they did have new information to present to the Council. He stated that they wanted to present the project to the Council, before the consideration of the moratorium this evening, however, that was never allowed. He stated that he hoped for future projects, future situations, that the City Council keeps an open mind and allows the developers and proponents to be heard and present their facts. Bridget Robinson, 53012206 Avenue NE, Bethel, stated that she has attended a number of City Council meetings and heard over and over again, the residents of Lino Lakes oppose the growth, and that they want toslow i1down. She pointed out that those opposing growth are approximately 1,OOOpeople, yet the community is2O,OOU+residents. She said that itappears that those opposed togrowth live around and surround the sod fields down off Main Street. Ms. Robinson said that inthe past, we've all been aware and informed what the definition ofa moratorium is. That we've also heard about what the purpose of a Master Planning is. The one thing that she doesn't understand why the moratorium is being proposed on a 150-acre parcel of land, the same amount of acreage with less housing then the previously proposed development plans on the very same site. She stated that the difference between the two projects, isthe developer and the prospective buyers. Ms. Robinson said that the initial discussion regarding the moratorium was because the City had a lack of water, and the moratorium was need to determine how to fix the problem. She stated however, if that was the case, the moratorium would be considered on the entire City of Lino lakes, not just on the northwestern quadrant. There have been other developments in the northwest quadrant and no discussions of any Master Planning that was needed. The City had over 18 years do their Master Planning for this area. The City Attorney recently stated that a moratorium is not required for Master Planning. She stated that the reason behind this decision is apparent, and she is not surprised that the Council Members are moving in this direction. The moratorium is clearly being voted to pass to simply stop this development. She stated that the why now istransparent and it's wrongful tmtarget this particular developer. Ms. Robinson stated that Zikar Holdings was on the agenda to present the Madinah Lakes project at the Council Work Session on July 1, 2024. This was tabled and rescheduled for a later date. She said the rescheduled time, was a convenient date well after the vote to pass this moratorium. Because a few of the Council Members were willing to publicly deny the developer to his rights within the development process. Ms. Robinson stated that the City Council references two developers within the area identified for the monatorium,the second being Pu|teHomes. She questioned ifPu|teHomes was moving forward with their development plans asithas been four months since the City Council toured the Corcoran site with the Pulte Home development. She then questioned if the moratorium was actually impacting just one developer, ZikarHo|dings ifPubeHomes isnot moving forward. Jameel Ahmed, 12142 Bataan Street NE, Blaine, said that he had been trying to reach the Mayor since last week. He said that the Mayor reviewed the rules of decorum at the beginning of the meeting. He asked in the same way that those in attendance must follow the rules, that the City Council follow the rules. He asked that the City Council take the advice of the City Attorney, who advised that a moratorium is not necessary to do Master Planning. Mr. Ahmed asked that the City Council work together with the developer to get this projectdoneandto not be afraid because of the petitions that were submitted to the City. He identified that these signatures are a srna|| percentage of the residents of Lino bakes. He said the petitions are meant to distract the City Council from the real work they are doing. FeraozYussuf, ZikerHo|ding Developer, l2724Leyte Street NE, Blaine, thanked the Mayor for doing the right thing a1the last City Council Work Session, inattempting to prevent the derailment ofhis company's due process as afforded toanapplicant developer with the City. Hestated that per the City Attorney's answer when asked if a moratorium was required, a moratorium is not required to undertake a Master Plan, or any other study. Mr. Yussufstated that the City isapopulation of2O,OOO+and he asked that the Mayor and Council consider the impact of their decisions not just on today and their re-election campaigns, but on the future. He said that the treatment ofthe Robinson Family and Zikar Holdings has not been fair. He asked that the Council Members consider the legacy they want 1oleave behind. Mr. Yussuf stated that Ziker Holdings and the supporters ofthe project are here tostay. Mr. Yussufsaid that his development team ishosting a community effort toclean upnearly IOmiles of roadways in Lino Lakes on July 20m, through the Adopt-A+Highvvay program. He said that those who truly love Lino Lakes are invited to sign up to volunteer, with his staff, on their way out this evening. He invited the Council to sign up to volunteer for the clean-up project as vve||. He said that breakfast would be provided and more details would beforwarded 10 participants. He said in conclusion, regardless of what happens tonight, and in the future, he urged everyone, as fellow human beings to set aside any differences and come together. Let's break bread. Let's clean the roads. And let's show our love for Lino Lakes, e city we all cherish and love, no matter our differences and how vve want it to grow. The City Administrator announced that concludes the list ofpeople who requested 10speak atpublic comment Motion to close the public comment period. RESULT CARRIED [UNANIMOUS] MOVER; LvdeV SECONDER: Stoesz AYES: Rafferty, Cavegr, Lynde, Ruh.sndsnd Stoesz Setting the Agenda The agenda was accepted as presented. Council Minutes -9- July 8, 2024 1. CONSENT AGENDA Motion to Approve Expenditures for July 8, 2024 (Check No. 120995 through 121039) in th Amount of $573,685.60. 1 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz M111111:1110 No Report 3. ADMINISTRATION DEPARTMENT REPORT The City Clerk reported that the City was in receipt of three petitions. One related to an ordinance amendment and two related to Charter Amendments. She stated that this evening the petitions were being submitted for receipt as being technically sufficient. She reported that the number of required signatures and form of the petition was determined to be technically sufficient. She stated that the City Attorney would then be completing a review as to their legal sufficiency. She reviewed the timelines for placing the matters on a future ballot, noting that August 13 th is the date for submitting language to the County for inclusion on the November ballot. Council Member Lynde confirmed that the ordinance amendment could be adopted by the City Council directly, without a ballot measure. The City Attorney provided a further overview of the process. He stated that first step in the process after receiving either initiative petition, which is the ordinance that's proposed and then presented to the Council, or a petition for a Charter Amendment is to determine the technical sufficiency under either state law or the charter provisions that may apply to that. The City Attorney stated the second step, and that's the one we'll be discussing in the future, arises from the fact that there's a significant amount of case law in Minnesota that positions city councils to be gatekeepers of petition processes in a Charter City. So as things pass from the petition through the Charter Commission as to the amendments, and up to the Council, assuming it's all technically sufficient, it's still necessary to assure that there aren't legal infirmities in the proposals. Council Minutes -10- July 8, 2024 The City Attorney stated that in 2002, there was a State Court of Appeals decision that challenged a Charter proposal in the City of Richfield, which is a Charter City, in the land use planning area. And as a result of that decision, the Court of Appeals said that Charter Initiative and Charter Amendments in the area of land use planning are largely preempted by the Municipal Planning Act and the Metropolitan Land Planning Act Chapters 469 and 473. He said that this and other legal cases over the last 20 or 30 years will be reviewed. He stated that he is not prepared tonight to offer up deep analysis, because these the petitions were recently received. But it's necessary to take that second step. A. Motion to adopt Resolution No. 24-95, Regarding Technical Sufficiency of a Petition Unde City Charter, Chapter 5. Initiative, Referendum and Recall., Section 5.03. Determination of Sufficiency, for an Ordinance Requiring Developers to Provide Documentation of Proven Experience, Financial Health, Licensing, Criminal Background, and Reputation Subject to Approval. I RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz B. Motion to adopt Resolution No. 24-96Regarding Technical Sufficiency of a Petition Under Minnesota State Statute 410.12 for a Charter Amendment, Adding a New Section 1.04 to Charter Chapter 1, "Segregation Prohibited"' RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz C. Motion to adopt Resolution No. 24-97, Regarding Technical Sufficiency of a Petition Under Minnesota State Statute 410.12 for a Charter Amendment, Adding a New Section 12.15 to Charter Chapteration of Pace of Residential Development" RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz 4v. PUBLIC SAFETY DEPARTMENT REPORT No Report Council Minutes -11- July 8, 2024 fl. • DEVELOPMENT REPORT A. 2 nd Reading of Ordinance No. 11-24, Approving Interim Ordinance Prohibiting M061=4 Me! The Community Development Director reported that the City Council has been considering a moratorium that would place a restriction or prohibition on the creation of new lots for residential purposes, over approximately a 980-acre area, roughly bounded by Sunset Avenue on the west Fourth Avenue on the east, Pine Street on the north and Century Trail, and Carl Street on the south end of that. The City Council held a public hearing on June 24th of this of this year, and the Council approved the first reading of Ordinance 11-24. If the Council were to approve the ordinance as presented this evening, it would go into effect 30 days after publication which is planned for August 15th. The City Attorney requested to provide clarification on his comments related to the moratorium. He stated that there were several speakers that quoted him tonight as saying that he advised the Council a moratorium wasn't necessary. He said that he just wanted to remind the Council that one of the members had a specific question for him at one of the Council meetings, which was, are we legally required to adopt a moratorium before doing the Master Plan. And his answer was no,, you're not legally required. He didn't say in his judgment the moratorium isn't necessary period. He said that was the question and his response to clarify the record. Motion to dispense with the full reading of Ordinance No. 11-24 Approving Interim Ordinance Prohibiting Subdivision of Land for Residential Purposes RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz Council Discussion: Mayor Rafferty stated that it is about establishing neighborhoods, not communities, communities separate themselves. He went on to reference several neighborhoods including Stony Brook, Pheasant Hills, and Watermark, a large 900 plus home project. Councilmember Cavegn stated that all parties have accepted that they are going to do a Master Plan and further studies, and since that is the reason for the moratorium, he sees no need for the moratorium. Councilmember Lynde provided clarification on the pronunciation of the City name. He stated that CAIR-MN needs to know that no amount of tactics, intimidation, or bulling will taint the Council Minutes -12- July 8, 2024 legitimacy of the work of the City Council. He proved prospective on his social lens, providing a quote from Martin Luther King Jr. He said that he looked up CAIRs website after they sent a threatening letter to the City. He said the CAIR-MN website talks about creating mutual understating and preventing religious discrimination, he highlighted that their stance on the October 7. 2023 attack on Israel is not mentioned on their website. He said that just because, he doesn't agree with someone does not make him Islamophobic. He stated that he supports the moratorium but also supports the wide parameters it may entail, including Comprehensive Plan amendments and rezoning, noting that nothing is off the table. Councilmember Ruhland stated that he would like to take a few minutes to address some of misconceptions about this moratorium. He stated that he is speaking solely for himself as a single council member. CAIR-MN held a press conference last week on Tuesday and they dispensed misinformation he would like to clear up and publicly comment on. Councilmember Ruhland stated that the Executive Director of CAIR- MN was one of the was one of the first to speak at the press conference. The Executive Director said that he was 99% certain that a moratorium had never happened before in the history of Lino Lakes. Councilmember Ruhland reported that the City placed a moratorium on storage facilities a couple of years back while reviewing zoning requirements. He said that there was one developer that already had a letter of intent out on a property that ultimately decided to walk away as a result of the moratorium. He stated that if the moratorium is adopted this evening this would be the third interim ordinance fora pause in development in a three-year period for Lino Lakes. Councilmember Ruhland said that the Executive Director stated that he had not seen a moratorium adopted after anyone started the development process. However, earlier on in that same speech he mentioned before the developer even submitted an application that we were talking about a moratorium. The timeline matters, although it doesn't paint the discriminatory message. Why logically would anyone submit an application while a moratorium is being discussed? Councilmember Ruhland stated that he recognizes that Zikar Holdings is relatively new developer, developer without large scale development experience. He stated that they will likely gain some great experience as they work through this process. However, he felt it is important to note that a potential misstep and the timing of an application submission without the experience of what a moratorium means doesn't translate to discrimination. Councilmember Ruhland stated that the Executive Director mentioned that the previous development was discussed on the property had 200+ more homes. He failed to mention that it had zero commercial aspects to it. This proposed development has a large presence of commercial development. Councilmember Ruhland reported that as an organization CAIR-MN stated in a press release that "On Monday, July 1, during a Work Session, the Lino Lakes City Council made a motion to halt the due process for Madinah Lakes project to be heard on its Conceptual Plan." The Executive Director was quotes as saying "With experience as an urban planner, I'm baffled by this statement. There's a sharp contrast between tabling an agenda item, while even going as Council Minutes -13- July 8, 2024 far as putting it on the calendar for a future meeting, as opposed to putting a halt on due process, tabling it and still meeting a statutory statutorily regulated due process does not turn this project down." Councilmember Ruhland stated that this press release was after his comments that he is confident CAIR-MN representatives heard in that very meeting. He reviewed that he had explained that, that this is coming out of order. Why would we give a developer feedback on a development that may need to completely change if studies are done, which is part of the moratorium process in which he supported. He stated that he wanted to see the results of those studies before going on record with his feedback. He said he suggested that the City give the developer credit for some staff time in preparing the council packet. This could be before the council next month again, or it might be around if not before a year from now. Here again, CAIR-MN seemingly using the developers' missteps of normal order of development to create a discriminatory buzz around the topic. Councilmember Ruhland stated that the Executive Director at the press conference continued to say, three of the city council members said we do not want to hear the planning concept of the project. And the main reason, CAIR-MN believes for this is what they have heard over the last three to four months, this project is not going to not going to go forward and the City is going to find any possible way to stop it. Councilmember Ruhland encouraged any members of the public or media to pull the recordings of the July 1, 2024 work Session and to listen to the City Council's logic. Councilmember Ruhland stated that there has been statements that Zikar Holdings is the only developer working within the impacted area. However., the property owner selling the property for the proposed development brought forward the idea of taking a tour of another development project to gauge the City Council's interested in a similar development. He stated that they are correct in the sense that Zikar Holdings is the only developer with an application and all of the experienced developers, have decided to withhold submitting an application presumably until they understand what we decide to do. He stated that the City Council is following due process to the letter of the law. Councilmember Ruhland stated that the developer makes it seem like they don't care about our due process by coming into the city and trying to bully their way to what they want by slinging accusations of Islamophobia. Councilmember Ruhland referenced a quote in a recent Star Tribune article about the developer starting off on the wrong foot. He stated that the City Council has tried to do everything they can to help the developer move through this process, including letting them know before they submitted a land use application that we were talking about a moratorium. However, the developer took that information and quickly filed a Concept Plan. The developer claimed a moratorium was a means for discrimination. And that this moratorium is Councilmember Ruhland stated that he would like to know if the developer thinks the taxpayers of the city shouldn't have a say in what the Master Plan for an area looks like when Council Minutes -14- July 8, 2024 the 2040 Comprehensive Plan calls for it. He noted that other developers in the same area are looking at developing land after 2040. Councilmember Ruhland stated that it has been said that this Council is not allowing this development to occur. He stated that he would like to hear who said no to the development as that would be a full Council decision. He stated that he is sure with the developers' experience, they must know that he has yet to hear a vote that denies the application. He then questioned why the developer is spreading this misinformation? If the project meets the criteria, the ordinances, then it is the Council's duty to say yes. Councilmember Ruhland said he was not sure if the developer was still around after their presentation at the Planning and Zoning Board meeting. But it was discussed that a mosque could still be built right now. He said If the moratorium were discriminatory, then why wouldn't we have included places of worship and the moratorium? He said the reason is because the moratorium has nothing to do with it. Councilmember Ruhland said that the City is looking at a large section of 900 acres that went up for sale and the Comp Plan calls for a Master Plan in that area, which is a gateway entrance to our city. Councilmember Ruhland said that Blake and Dan Robinson did an interview with North Metro TV over a year ago, saying that despite dealing with the Minnesota weather rollercoaster the Robinsons are happy to carry on the family legacy. "We do get knocks every now and then" Blake said., "but we all like it so much we are not trying to get out of here." It's with comments like this as recently as a year ago, why there hasn't been more planning for development in this area. However., when 400 plus acres suddenly go under contract. And right at our gateway entrance with two developers looking to come in at the same time on both sides of the street. Councilmember Ruhland stated that he wants to plan that area out and take our time not rushing into it. Councilmember Ruhland stated that in closing, he has given a couple of speeches on this from the time he originally brought the motion to adopt a moratorium forward. Prior to any land use application being submitted. He said that he has articulated his intentions clearly and the reasoning behind the motions. Before anyone draws any conclusions. He requested that interested parties review the meetings where it has all been addressed. He stated that he is excited to see how this area develops after the due process. Motion to provide Second Reading and Adopt Ordinance No. 11-24,, Approving Interim Ordinance Prohibiting Subdivision of Land for Residential Purposes RESULT: CARRIED [4-1] MOVER: Ruhland SECONDER: Lynde i AYES: Rafferty,, Lynde, Ruhland and Stoesz NAYS: Cavegn Council Minutes -15- July 8, 2024 B. 2024/2025 Street Reconstruction and Municipal Sewer and Water Extension Project, Colonial ••• • City Engineer Hankee provided an overview of the 2024/2025 Street Reconstruction and Municipal Sewer and Water Extension Project, Colonial Woods project. She provided a project area map. She reviewed the proposed assessments and project timing. She stated that because the road project is expected to last 60 years with proper maintenance the water and sewer improvements should be done now before the road is installed. She stated that the Feasibly Plan is on the City website. She stated that if the project moves forward this evening, the next step is a neighborhood meeting. There is a 60-day period after the Council takes action this evening during which property owners can prepare a petition in favor or opposed to the project. She stated that if approved some level of construction would start next year. Councilmember Lyden asked how the interest rate for the proposed assessments was determined. The City Engineer stated that there a bond sale and the interest rate is 2% above that. Councilmember Stoesz asked about the Metropolitan Council water and sewer charges. The City Engineer stated that the Metropolitan Council water and sewer fees are separate from the City's assessments and are paid directly to them. Mayor Rafferty opened the public hearing at 8:34 p.m. Public Comments: Robert Holdan, 6307 Maple Lane, asked about the replacement plan or any compensation that would be available for the loss of trees in the right-of-way. Owners of 6307 Red Maple Lane stated that they are currently not living at the home because of a recent fire. They are in favor of the water and sewer project, mainly for the fire hydrants. Ricky Domantas, 6323 Red Maple Lane, stated that he has lived there since 1984. And this is their first opportunity since 1984 to get a road. And they have been asking for a road, basically 10 years after we moved in, and now to have sewer offered is unbelievable. He said this is an opportunity right now that if we pass this up, the City Engineer mentioned that this isn't going to happen again after the road is in place. He was in support of the project and asked his neighbors to consider it as well. Dan Lane, 624 Red Maple Lane, asked how it is determined if your sewer is in compliance or not. Sandy Lane, 6249 Red Maple Lane, stated that she is in favor of the proposed project. She said that she would like to have the fire protection of the fire hydrants and the water system that will be available to her home. Mona Slayton 6283 Red Maple Lane, questioned the reality of the future development being discussed in the area and the impact of any development on the amount of the assessment being proposed. Council Minutes -16- July 8, 2024 Steve 6225 Red Maple Lane, asked if the current individual property well can be maintained after this project is complete. He stated that he would like to continue using his well for watering the garden, etc. He also asked how this improvement would impact property values and taxes. Robert Holdan 6307 Maple Lane, asked how long the project was going to take and for an overview of the project schedule. The City Engineer stated that she would put the schedule on the website. Jill Butcher 6339 Red Maple Lane, asked if there were any programs to assist with the cost of the assessments. Motin to Close the Public Hearing at 8:42 p.m. RESULT: CARRIED [UNANIMOUS] OVER: Stoesz SECONDER: Ruhland AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz The City Engineer provided responses to the questions raised during the public hearing. Regarding the trees in the right-of-way those will be evaluated, including the root systems to determine if they need to be removed at all. However, if they are in the right-of-way then the City has the right to remove the trees without compensation. This will be discussed further at the neighborhood meeting as well. Regarding determining if a septic system is compliant, the City does not require a point of sale inspection, however, a home buyer may as part of a purchase agreement. This may also be part of a building project requirement. Regarding future development projections, the area to the south of the project area could see development in the near future, however, that would not impact the amount of the proposed assessments today. Regarding the continued use of a working well on the property, the owner can continue to use that. Regarding the impact on property values and taxes, the County Assessor determines property values, the assessment value may or may not be recorded directly by the County Assessor. The City Engineer reviewed the project timeline. Regarding financial assistance with paying the assessment cost, the assessments can be paid up front or over several years as a tax assessment. Anoka County had a finance program gram for low-income properties in the past and could be contacted for current program information. Councilmember Ruhland stated that the FHA loan program requires that a well and septic system be inspected in order to qualify for a loan, however, a traditional loan does not require an inspection on its own. Anoka County also has a deferred assessment program for seniors. The Council discussed the average water and sewer costs for a family of four. The Community Development Director stated that he would post the average utility rates to the project page of the website for the information of the property owners. Council Minutes -17- July 8, 2024 Mayor Rafferty closed the discussion and stated that the City Engineer would be available to answer any further neighborhood questions and that there is now the 60-day period for the neighborhood to prepare any petitions as outlined. C. First Reading of Ordinance No. 10-24, Vacating Drainage & Utility Easement, Outlot C., Watermark 5 th Addition Motion to dispense with the full reading of Ordinance No. 10-24, Vacating Drainage & Utility Easement, Outlot C, Watermark 5th Addition RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz Mayor Rafferty opened the public hearing at 8:58 p.m. The City Engineer provided an overview of the need for the vacation of the drainage and utility easement as it relates to the Watermark 5 th Addition project development. No public comment was provided. Motion to close the public hearing at 8:59 p.m. RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz --------------- I -------------- Motion to provide first reading of Ordinance No. 10-24,, Vacating Drainage & Utility Easement • C, Watermark Sth Addition RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz D. Resolution No. 24-92, Approving the Joint Powers Agreement with the Town of White Bear for a Sewer and Water Service at 5801 Bald Eagle Blvd. The City Engineer provided an overview of the proposed Resolution No. 24-92, Approving the Joint Powers Agreement with the Town of White Bear for a Sewer and Water Service at 5801 Council Minutes -18- July 8, 2024 Bald Eagle Blvd. She noted that the Town of White Bear has approved this agreement as presented. Motion to adopt Resolution No. 24-92, Approving the Joint Powers Agreement with the Town of White Bear for a Sewer and Water Service at 5801 Bald Eagle Blvd. RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lynde AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz The Community Development Director provided an overview of the proposed Resolution No. 24-911 Accepting Metropolitan Council Clean Water Fund Grant. He highlighted the program elements and types of funding. Motino to adopt • No. 24-91, Accepting Metropolitan Council Clean Water Fund Grant RESULT: CARRIED [UNANIMOUS] MOVER: Lynde SECONDER: Ruhland AYES: Rafferty, Cavegn, Lynde, Ruhland and Stoesz -- - ------ - - ---------- - ------------------ - ----- VAMIP0 None None Mayor Rafferty reported that the July loth Planning and Zoning Meeting and July llth Economic Development Advisory Committee Meetings had been cancelled. He stated that there will be a City Council Work Session and Regular meeting, on July 22nd beginning at 6 p.m. at City Hall. Mayor Rafferty adjourned the meeting at 9:03 p.m. Council Minutes -19- July 8, 2024 These minutes were considered an approved at the regular Council Meeting on August 26, 2024. Roberta Colotti, CMC City Clerk Rob R f rty, Mayor