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HomeMy WebLinkAbout01/22/1996 Council Minutes1 COUNCIL MEETING DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT JANUARY 22, 1996 CITY OF LINO LAKES COUNCIL MINUTES : January 22, 1996 . 6:30 P.M. . 9:55 P.M. : Bergeson, Kuether, Lyden, Neal, Landers : None Staff Members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Consulting Engineers, Steve Heth, SEH and Tim Murphy, OSM; Assistant to the City Administrator, Dan Tesch; Building Official, Pete Kluegel; Mary LaForest, Community Development Assistant; Fire Chief, Milo Bennett; Accountant, Paula Schloer. SETTING THE AGENDA The agenda was approved as presented. OPEN MIKE Margaret Langfeld, Anoka County Commissioner - Commissioner Langfeld explained that she was here to present a check in the amount of $269,4.88.00 to the City. She said this check represents the final payment to the City for the construction of Apollo Drive. Commissioner Langfeld explained that Anoka County was very happy to be able to enter into a joint powers agreement for the construction of that roadway. Since Anoka County did not have money in their budget for construction of Apollo Drive, the City paid for the roadway and then turned responsibility of the roadway over to Anoka County who fully repaid the City for all costs. Mayor Landers thanked Commissioner Langfeld for the check. CONSIDERATION OF MINUTES January 8, 1996 - Council Member Neal moved to approve these minutes as presented. Council Member Lyden seconded the motion. Motion carried unanimously. December 11, 1995 - Council Member Neal moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden and Mayor Landers abstaining. PAGE 1 COUNCIL MEETING JANUARY 22, 1996 December 18, 1995 - Council Member Neal moved to approve these minutes as presented. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden and Mayor Landers abstaining. CONSIDERATION OF DISBURSEMENTS January 22, 1996 - Council Member Kuether moved to approved these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Consideration of Terminating the Contract with the Minnesota Police Recruitment System - Mr. Schumacher explained that Chief Pecchia is ill this evening and is unable to address the City Council personally. The Lino Lakes Police Department is recommending that the City no longer participate in the Minnesota Police Recruitment System (MPRS). The City has been a member of this system since 1994 and used their services to hire police personnel in the past. The Chief of Police researched the potential for conducting an in-house testing process utilizing other available testing services. He is recommending that the City dissolve the current contract with MPRS and use an alternative testing consultant for hiring future personnel. Council Member Kuether moved to adopt Chief Pecchia's recommendation. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 06 Accepting a Donation form the Centennial Fire District Relief Association - Mr. Schumacher explained that the Centennial Fire District Relief Association has donated $525.00 to the Lino Lakes Police Department to be used for the Rice Lake Elementary School Safety Patrol program. The money will be used for a patrol recognition day where elementary patrol members will be taken to a roller skating rink for an afternoon of roller skating. Council Member Neal moved to adopt Resolution No. 96 - 06 accepting the donation from the Centennial Fire Relief Association. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 06 can be found at the end of these minutes. PAGE 2 COUNCIL MEETING JANUARY 22, 1996 PUBLIC HEARING, IMPROVEMENT OF 12TH AVENUE AND HOLLY DRIVE, DAVID AHRENS Mr. Ahrens explained that the purpose of this public hearing is to solicit public input and to receive staff comments on the proposed reconstruction of 12th Avenue and Holly Drive. At the close of the public hearing, no action will be taken by the City Council. The City Charter prohibits Council action on this project for 60 days or no later than six (6) months. The Council action will range from denial of the project to approving the total or some portion of the project. Mr. Heth explained that SEH was requested to prepare a feasibility report outlining the improvement to Minnesota State Aid (MSA) standards and the cost of improvements to 12th Avenue and Holly Drive. He used the overhead projector and a drawing on the clip board and outlined the proposed improvements. Mr. Heth explained that the north portion Holly Drive and all of 12th Avenue are proposed to be improved to MSA standards since that area is within the Metropolitan Urban Service Area (MUSA). The southern portion of Holly Drive would be improved to the current City standards for a rural roadway, it is not within the MUSA. Mr. Heth explained that a state aid roadway would be improved as follows: Rural Street - 12 foot paved lanes with 10 foot gravel shoulders and 6 to 1 tie slopes to the ditch. Urban Street - 22 foot paved lanes with B618 curbs. The estimated cost to do a combination of these two (2) types of roadways from Birch Street south on 12th Avenue and Holly Drive to Ash Street (County Road J) is $1,952,000.00. Mr. Heth explained that he estimated what lands adjoining 12th Avenue and Holly Drive would be developed within the near future. Following the Lino Lakes policy of assessing $57.00 per front foot, there may be a possible $430,000.00 in future assessments. The City will receive $250,000.00 from the developer of Trapper's Crossing and future MSA funding would be $1,274,000.00. Mayor Landers opened the public hearing at 6:42 P.M. Council Member Neal asked how this improvement would be financed. Mr. Heth explained that the Feasibility Report outlines a standard MSA roadway paid by the City's state aid funds. Council Member Neal asked if this means that there would be no cost to the residents along these two (2) roadways. Mr. Heth said that the costs could come from the City's MSA funds. Council Member Kuether asked how many years of MSA funds would this improvement require. Mr. Heth explained that currently the City receives approximate $250,000.00 per year. This improvement would take approximate six (6) or seven (7) years of MSA funds PAGE 3 COUNCIL MEETING JANUARY 22, 1996 and there would be no MSA to use elsewhere in the City. Mr. Ahrens explained that the City would have wait to let the MSA balance reach the required funding or borrow ahead up to three (3) years of funding. Even if the City opted to borrow ahead, there would not be enough MSA funds to complete the improvement. Council Member Kuether asked if the City could bond for the improvement. Mr. Ahrens said yes and payment of the bonds could be made from MSA funds or some other means. Mr. Heth reviewed his presentation noting that there is no guarantee that other areas along 12th Avenue and Holly Drive will develop. This means that today, if the roadway was constructed to MSA standards, the City would have to finance approximately $1,600,000.00 of the improvement. The only other money available for the improvement is the $250,000.00 from the developer of Trapper's Crossing. Mayor Landers said that knowing the condition of the current roads, he would have a hard time designating all the City's MSA funds for the next six (6) or seven (7) years in this one project. Council Member Bergeson asked Mr. Ahrens how many miles is this section of roadway and how many total miles of MSA roads are in Lino Lakes. Mr. Heth that this project is 1.7 miles and Mr. Ahrens said there are approximately 15 miles of MSA roads in the City at this time. Mr. Schumacher noted that the Feasibility Report outlines that this project will be improved to MSA standards. He asked Mr. Heth to describe where the MUSA line ends. Mr. Heth explained that it ends approximately at the southern border of Trapper's Crossing. Mr. Schumacher noted that municipal water and sanitary sewer cannot be installed past the MUSA boundary. He asked if it can be assumed that if the entire roadway was improved to MSA standards, could utilities be extended in this area economically in the future? Mr. Heth said yes. He explained that he would prefer constructing the utilities and upgrading the road at the same time. Mr. Schumacher asked if all of the road would have to be improved to MSA standards or could something less be constructed. Mr. Heth said that the MSA standards require that if the improvement construction is phased, each phase must be ended at a logical termination point such as a street or road. State aid engineers do not want the project ending at a driveway or near the middle of a field. Council Member Lyden said he felt that the logical place to start and end the project is at Birch Street and Ash Street (County Road J). He felt that the public should have a safe road for everyone to use. He noted that this matter was discussed at the last Council work session and there have been other discussion. Council Member Lyden noted that the agreement made with the Trapper's Crossing developer was that he would pay his fair share. He said that after the dollar amount is determined, the City Council would have to consider where the balance of the funding would come from and how this road would be made safe for vehicular traffic. PAGE 4 1 COUNCIL MEETING JANUARY 22,1996 Council Member Kuether noted that there was discussion at the Council work session regarding phasing the construction of the roadway since the Trapper's Crossing Development itself is to be phased. She noted that it would be some time before there would be a noticeable increase in traffic due to the construction of Trapper's Crossing. Council Member Lyden said he did not want to "piece meal" the construction of this roadway because the City already has many substandard roads and he would not tolerate another. He felt that the financing of the project was important and referred to an agreement that was made on August 8, 1995 in which it was stated that the developer would be required to pay his fair share. Council Member Lyden said determining the developers fair share should be determined before there is any additional talk of using all of the City's MSA funds on one road. Mr. Heth said that he had discussed with Mr. Ahrens other options for improving this roadway. He again showed the drawing of the roadway and noted the area that does not qualify for MSA funding. The area that does not qualify for MSA funding would consists of two (2) 12 foot paved lanes and four (4) foot shoulders and a 4 to 1 slopes down to the ditch and 3 to one tie slopes back to the right-of-way. To improve the portion of 12th Avenue where the utilities end in Trapper's Crossing going east on 12th Avenue and then north to Birch Street would cost approximately $207,000.00. This includes widening the existing road. The developer of Trapper's Crossing is required to bring this portion of roadway back to the original condition. The cost of improving the road beginning at the west end of Trapper's Crossing to Ash Street is estimated to cost $895,000.00. The large difference in cost is because when utilities are extended from the Brandywood Estates area south to Trapper's Crossing, the blacktop will be replaced and subcuts will be completed. The roadway will only require the added four (4) foot shoulders and ditch slope improvements. None of the portion ending at Ash Street would qualify for MSA funding. Council Member Kuether asked if it mattered if this portion of roadway qualified for MSA funding. If this area is to be financed by bonding, the MSA funds could be used for other road projects in the City. Council Member Bergeson said that under the City Charter, the City may not be able to construct the road since there would be only two (2) sources of funding which are assessments or MSA funding. Council Member Lyden said it is clear that the City should live up to the agreement made with the developer who will pay his fair share and then there will be enough MSA funds to do the entire roadway from Birch Street to Ash Street the right way, the first time. Council Member Bergeson felt that there would not be enough MSA funds. Council Member Lyden said that the City will not have that information until it is determined what the developers fair share is. Council Member Lyden said that the agreement that was made with the developer goes above and beyond State Statute Chapter 429. An agreement will have to be made with the developer that will take this agreement into consideration. PAGE 5 COUNCIL MEETING JANUARY 22, 1996 Mr. Schumacher said that first the public hearing must be held and public input received regarding this proposal for a state aid road system in the Trapper's Crossing area. Following the public hearing, the first step for the City Council is to make a determination of what type of road should be constructed in this area. Then the next step is to determine the benefit to the developer so that the City can prepare a financing package. Mayor Landers asked if the $1,952,000.00 includes going south on 12th Avenue from Birch Street with curbing as well as an area in front of Trapper's Crossing with curbing. Mr. Heth explained that the $1,952,000.00 includes 3500 feet of curbing. Part of the curbing will be installed in front of Trapper's Crossing and part along side of Brandywood Estates. This plan was approved by the former City Engineer. However, Mr. Heth did not know what Mr. Ahrens thought about the plan. Council Member Lyden noted that this is the first public hearing of the new year. He wanted the audience to know that speaking in this type of public forum is stressful and difficult. He wanted the public to know that the City Council appreciates the thoughts, feelings and concerns of the citizens and would try to make this as easy as possible for everyone. Sue Walseth, 1101 Holly Drive - Ms. Walseth said she was not clear about whether or not the City planned to assess the adjoining property owners. She felt that there was a great deal of contradiction about this item. Ms. Walseth commented about the notices in the legal newspaper about the 12th Avenue/Holly Drive improvement. The notices had stated that there would be no assessment to the adjacent property owners. However, the subsequent notice on the same page, Resolution No, 95 - 159 said that the abutting property owners would be assessed per State Statute Chapter 429 and Chapter 8 of the Lino Lakes City Charter for all or a portion of the cost of the road improvement. Confusion, yes. Ms. Walseth said that the October 19, 1995 feasibility report states that the City expects to collect future assessments of $428,640.00 or $57.00 per foot from the 7,520 linear feet on abutting property on these two (2) streets. She said that the streets are adequate in width and construction for the amount of traffic generated by the present number of residents living on the streets. Any increase in traffic volume due to the development is not the residents fault and they should not be held responsible for any assessments at all. Last week it was mentioned at the Council work session that the City was restricted by State Statue 429 and Chapter 8 of the Lino Lakes Charter on assessing the developer for the road. Ms. Walseth said she researched these two (2) statutes and found some interesting information. Chapter 8.03, Subd. 2 of the City Charter states, "If the protest petition is determined to be valid and sufficient and contains the names of owners of a majority by area of all parcels or property proposed to be assessed for the local improvement, the City Council must not order the construction of the local improvement project." Ms. Walseth asked how could the proposed road improvement continue to proceed without it being in direct violation of the City Charter? During the past two (2) years the property owners on Holly Drive and 12th Avenue have submitted a total of three (3) petitions, February and March, 1994, August and September, 1994 and PAGE 6 1 1 COUNCIL MEETING JANUARY 22, 1996 December, 1995, January, 1996 which firmly states that they do not want to pay for any road improvements. Why were these petitions ignored? Ms. Walseth said that she believes it is presumptuous of the City to assume that the property owners are going to change their minds. The City is walking on thin ice when it takes for granted that they will be financing a portion of the road project by collecting almost one-half of a million dollars from a meager 21 abutting properties who have spoken loud and clear that they do not want any assessments. Ms. Walseth said that because of this, she said she did not understand why assessments were mentioned in the October, 1995 feasibility report. Ms. Walseth said she wanted clarification of whether or not the current residents will be assessed and what is the meaning of the frequently used term, "future assessment"? Mr. Ahrens explained that there are no proposed assessments to the property owners along 12th Avenue and Holly Drive. The residents are not proposed to be assessed for the project as outlined in the feasibility report. The reference to future MSA assessments, refers to if the properties were to be developed, they would be assessed for road reconstruction in the same manner as Trapper's Crossing is proposed to be assessed. If the City Council adopts an approval motion for this project, it could include language that a certain development should pay a certain dollar amount for the improvement. Mr. Ahrens addressed the confusion caused by the legal notices in the Quad Press. He explained that the Charter requires that the City state in writing to the property owners what their proposed assessment will be. The notice to each property owner said that their assessment would be zero. He also noted Ms. Walseth's reference to Resolution No. 95 - 159 which states, "The council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and Section 8 of the Lino Lakes City Charter ....". This is generic language and there is no assessment proposed for the residents along these streets. Ms. Walseth continued by stating that the City Council should re-evaluate the Planning Consultants, who operate from outside agencies, role in our City. In reference to Trapper's Crossing, Alan Brixius from Northwest Associated Consultants repeatedly recommended the approval of the preliminary plat. One of the judgment criteria for approval, as stated by Mr. Brixius, was that the traffic generation of the proposed use be within the capabilities of the streets serving the property. In the December 6, 1993 Northwest Associated Consultant planning report, when Trapper's Crossing first started, the report went even further to say that Holly Drive and 12th Avenue are of adequate size as collector roads to move traffic in and out the project. In all the latest feasibility report. it states that the road reconstruction will cost $1,952,000.00. Ms. Walseth asked who is responsible for this $1,952,000.00 misjudgment? Does the City really need this type of advice which would put its finances in a bind? Ms. Walseth said that she wanted to address some problems involving housekeeping. First, she said she wanted it documented that she is upset with the City for putting her PAGE 7 COUNCIL MEETING JANUARY 22, 1996 through nine (9) months of unnecessary stress beginning in March, 1995. She had been informed by everyone there (at city hall) time and time again that the City would not support her regarding the fence issue between herself and Hokanson Development and that she was entirely on her own. Then without warning, the rules changed. Staff re- evaluated the fencing buffer motion from August 8, 1994 and decided'that she was no longer a participant regarding the fence. She said she received this little news flash from Ms. Wyland who informed her that on the following day the City would be issuing Hokanson's fencing permit. Ms. Walseth said she asked Ms. Wyland if this could be possible since there had never been a mutual agreement between herself and Hokanson. Ms. Wyland explained that staff and Mr. Hokanson had arrived at a decision themselves. She asked why the City wasted her time for all of those months and subjected her to all that stress. It was a waste of her time to re -arrange her personal schedule to attend mediation services and other meetings, doing all the senseless research and doing fence price comparisons with 10 different companies and had to waste her time calculating all the fence prices and linear footage's for total estimated cost. Ms. Walseth thank the staff for being so inconsiderate of her feelings and her time. Why didn't the City competently decide this matter from its conception instead of making a 180 degree switch act like this at the end. Ms. Walseth said in telephone conversations with Ms. Wyland, she questioned the timing of the fence permit with winter in full force and the ground being frozen. Ms. Wyland explained that there was a warm spell forecasted for the coming week of December 1st through the 3rd and that Hokanson was quite anxious to begin installation of the fence at this time. Ms. Walseth said for the record, the warm spell during that week came and went and not one person was there to do any installation work on the fence. Ms. Walseth continued, the privacy fence on the east side of her property has never been a major point of contention between herself and Hokanson Development. It was the suggested material used for the north fence that was never agreed upon. For the record, Ms. Walseth stated that the complete omission of a fence on the north boundary of her property is totally unacceptable. She said that she feels strongly that a chain link fence is needed in this area. Ms. Walseth said that, as she understands it, the staff had dusted the cob webs off of some obsolete pool ordinance that was unexpectedly discovered about a four (4) foot unclimbable fence being adequate for trespassing for pools. Ms. Walseth said this is a hobby farm, not a pool. The key word being overlooked here is "unclimbable". With two (2) 2 X 4: horizontal rails on the four (4) foot fence, it is very convenient and sturdy to hop from side to side. She said that, of course, Hokanson will not be required to install a fence buffer on the north side. Ms. Walseth said that she wished the staff would work as diligently on her behalf as a resident and tax payer as they do in helping a developer find loop holes to benefit him. Ms. Walseth said that in the August 28, 1995 Council minutes, page 2, Mayor Reinert instructed Ms. Wyland to work with the City Engineer to inform the other property owners living on the north side of Holly Drive, by letter, letting them know that they had a right to a fence buffer also. This action was necessary because at a July 1995 meeting at her home, with the developer and neighbors, Ms. Wyland had discouraged the other property owners from having an opportunity to receive a fence. Ms Walseth said for review, one of the conditions stated in the approval of Trapper's Crossing, was that the PAGE 8 1 COUNCIL MEETING JANUARY 22, 1996 developer had to provide a physical barrier around the periphery of the development to deter trespassing onto the adjacent rural properties. She said that it was always a known fact that the adjacent parcels were of large acreage and the PDO never categorized these rural adjacent properties with size restrictions. Ms. Walseth said, in recent conversations as late as yesterday with neighbors on the north side of Holly Drive, they have not received such a letter. When Ms. Walseth and Ms. Dahl looked through the Trapper's Crossing file near the end of November, 1995, there was no evidence of any fencing letters sent to these property owners. Ms. Walseth asked why none of her neighbors received the revised information regarding the fence buffer which Ms. Wyland was directed to address almost five (5) months ago? Mr. Schumacher suggested that since Ms. Wyland name has been mentioned a number of times this evening, these issues should be raised with her so that she can state her side of this issue. The original intent of the fence issue is in the minutes and Mr. Schumacher suggested that it be researched and reviewed at a time when Ms. Wyland is present. Council Member Lyden said it was quite clear what was outlined by Ms. Walseth. A physical barrier for all the adjoining property owners was explicitly outlined in the minutes. He said if the Council wants to research this matter again, it should be since it is time to get this matter taken care of. Caroline Dahl, 1101 Holly Court - Ms. Dahl said that she was going to read excerpts from the Lino Lakes City hall Trapper's Crossing file, the City Council minutes and other facts. She quoted from the February 13, 1995 Council minutes, pages 35 and 36 as follows: Holly Drive Feasibility Report and Cost Sharing Proposal - Mr. Powell explained that the developer of the proposed Trapper's Crossing was required as a condition of the preliminary plat approval to participate in a satisfactory plan for the reconstruction of 12th Avenue and Holly Drive between Ash Street and Birch Street. He said based on a recent traffic study completed in the area, ignoring any effect of a park complex, the subdivision would ultimately account for about 70% of the traffic. At the August 8, 1994 Council meeting, Darrell Schneider, Mayor Reinert and City Attorney Bill Hawkins repeatedly stated that a satisfactory provision requiring Mr. Hokanson's development road participation cost be written into the agreement or there would be no development. The developer, Mr. Hokanson insisted on a decision for the PDO and the preliminary plat that night, August 8, 1994 in spite of Mayor Reinert's suggestion of a two (2) week postponement on this decision. Ms. Dahl said that the developer's agreement was signed on July 18, 1995 yet the road feasibility report was not finished until October 17, 1995. She asked how can this be? She said the staff is overstepping Council's action. This is putting the cart before the horse. Ms. Dahl said that this is not following the PDO and preliminary plat agreement that was made between the developer, Mr. Hokanson and the Council on August 8, 1994. She said that the staff has to follow what the City Council dictates. This was not done. She asked who is responsible for overstepping their (staff) bounds? Ms. Dahl addressed these questions to Mr. Schumacher. Mr. Schumacher asked which question did Ms. Dahl want answered first. He said that Ms. Dahl had raised a PAGE 9 COUNCIL MEETING JANUARY 22, 1996 number of issues and was reading from minutes back in 1995. Ms. Dahl asked Mr. Schumacher if he wanted her to repeat the question? Mayor Landers said that Mr. Schumacher should take one question at a time and answer that one and take the next question or issue. Ms. Dahl said that the developers agreement was signed July 18, 1995 yet the road feasibility report was not finished until October 17, 1995. She asked who is responsible for stepping out of bounds? Mr. Schumacher asked Ms. Dahl why she felt that there was a stepping over or out of bounds. He said that the original intent was to sit down and negotiate an agreement with the developer for the payment of the road. He asked her if this is the issue here tonight. Ms. Dahl said yes, but if the developers agreement was signed before the feasibility study was finished or the traffic report was completed, isn't this like putting the cart in front of the horse? Mr. Schumacher explained that there is a standard agreement that is signed for all development that takes place in Lino Lakes. Ms. Dahl said that their (development) was different because they (staff) repeatedly asked for a proportion or percentage that the developer would pay for the road. This was (discussed) on August 8, 1994. She said that ours (Trapper's Crossing) was different from the standard agreement. Ms. Dahl said that there were added things to the agreement and it was not to be signed unless the City had all of their little ducks in a row and until the traffic and feasibility reports were in. She said that people just do not sign things like that because people have to know what they are getting into. Mr. Schumacher said that he did not believe that the agreement even addresses the issue dealing with Holly Drive. He said that the agreement only addresses the development issues within the subdivision itself. Ms. Dahl asked Mr. Schumacher to repeat this statement. Mr. Schumacher asked the City Engineer to clarify the issue further and then explained when a development or subdivision comes in, the City has a standard developers agreement for all the sewer, water, roads and all other details that are associated with a subdivision. He continued, the phase I subdivision with 34 lots and 28 units has this developers agreement for just the first phase of the development. Mr. Schumacher explained that this public hearing is just for the MSA road improvement and there is no agreement with the developer on this matter. Ms. Dahl read the Council motion from the Council minutes of August 8, 1994; "Council Member Kuether moved to approve the preliminary plat subject to the conditions outlined in the August 5, 1994 staff report and the condition that the developer take action necessary to complete a satisfactory plan for the reconstruction of Holly Drive and 12th Avenue from County Road J (Ash Street) to Birch Street ..." Ms. Dahl said, when reviewing this request, the following was noted; "#3 based on a recent traffic study performed in the area, ignoring the effect of any park complex, the subdivision would ultimately account for about 70% of the traffic on 12th Avenue and Holly Drive". Ms. Dahl referred to a document from John Powell, acting engineer, dated April 21, 1995 and read as follows: "The upgrade of 12th/Holly roadway is necessary to serve the additional traffic generated by the Trapper's Crossing subdivision and future traffic needs of the City. As part of the Trapper's Crossing preliminary plat approval, the developer was required to participate in a satisfactory plan for the reconstruction of the roadway". Ms. Dahl noted a letter written by developer Hokanson's attorney dated April 9, 1994, and said that in short, Mr. Hokanson's own legal advisors are saying that his percentage is 50% of the cost of the road. She said that the key words are," same proportion". Ms. Dahl said that in her PAGE 10 1 1 COUNCIL MEETING JANUARY 22, 1996 conversations with Alan Brixius, on more than one occasion, he had told her repeatedly there is a letter of credit from D. Erickson's Brandywood Development for about $225,000.00 to cover the reconstruction of 12th Avenue from Birch Street to the end of Brandywood. She said that she kept asking him, "are you sure it is there? How can you be sure it is there?" Mr. Brixius said I know that the money is there, he kept saying that it was definitely there and had to be used up within a certain time frame or we would lose it. Ms Dahl said she checked with her own bank and was told that this was not a problem. The banker said that all the City had to do was renew it for as many years as it was needed through the bank that the letter of credit was drawn on with the developer, which in this case was D. Erickson. Ms. Dahl said that former Mayor Reinert said that they had to approve Trapper's Crossing in order to pay for City water and sewer along Birch Street and 12th Avenue and that the money from Brandywood for the road had to be used in a timely manner. She said that at the beginning, the money was definitely there and now it isn't. Lino Lakes, being a public body is subject to audit scrutiny, why can't we find it and where was it put? Ms. Dahl asked who would like to respond to this? Mr. Ahrens said that when he was first apprised of this project, the money that Ms. Dahl referred to in Brandywood was mentioned to him. He said that he went through the complete file looking for it because obviously it would be a benefit to the City if the City could find $250,000.00. He said he was not able to find any reference to this money in letters and documents, agreements or anything else. Mr. Ahrens said he is not aware of a letter of credit.. He said he is not saying that it is gone or that it is there, personally he as not be able to find it and the people he has talked to have not been able to track it down either. Mr. Ahrens said that he has not been able to track down the escrow amount referred to by Ms. Dahl. Mr. Schumacher said to Ms. Dahl that she had indicated that she had a discussion with Mr. Brixius regarding a letter of credit for Brandywood. Ms. Dahl said yes. Mr. Schumacher said that he was sure that there was a letter of credit for Brandywood and a financial agreement such as the City puts together for all subdivisions. He asked Mr. Ahrens if he had found anything in the Brandywood file regarding that letter of credit. Mr. Schumacher felt that there was some confusion betweena letter of credit for the project we are talking about here (Trapper's Crossing) versus the letter of credit for the subdivision itself. He explained that every subdivision that goes in has its own financial package and the developers have to have that before they can market their project. They need to know what it is going to cost. Mr. Schumacher said that the City cannot come back at a later date and say oh we forgot something. The City puts together a financial analysis for the developer and for the City to determine exactly what these costs are going to be. He said he was sure that for Brandywood, this same situation occurred where a letter of credit was given for the development of Brandywood and all the improvements within the project. However, referencing that the $250,000.00. Mr. Schumacher was interrupted by Ms. Dahl who said that the amount was $225,000.00 and it was foor the reconstruction of 12th Avenue. She said that she discussed this at length with Alan Brixius because she wanted to know where it was, how it got there and how he knew. He said it was definitely there. She said Mr. Brixius said this several times to her. PAGE 11 COUNCIL MEETING JANUARY 22, 1996 Council Member Kuether said that this was brought up at the Wednesday work session and asked if anyone had called Mr. Brixius and asked him about this. Mr. Ahrens said that he had called and talked to Mr. Brixius on Thursday morning. Mr. Brixius said that Brandywood was prior to him working for the City as a consultant. Mr. Ahrens said that generally Mr. Brixius does not get involved any sort of financial arrangement between the developer and the City. Council Member Kuether said that she was talking to Ms. Dahl and asked Mr. Ahrens what was he using for the basis for this conversation. Mr. Ahrens said he did not know but Mr. Brixius said that he does not get involved in financial situations, that this is generally between the City Engineer and the developer. Council Member Kuether asked if Mr. Brixius is saying that he did not talk to Ms. Dahl? Mr. Ahrens did not ask if he talked to Ms. Dahl. He just asked him if he had any background on this and if so what was the background. Council Member Neal asked that Mr. Brixius attend a Council meeting so that the Council can speak with him on this matter. Ms. Dahl said to Mr. Schumacher that even if he made a mistake and forgot about it and cannot go back , it would still be written into the Brandywood development agreement and there would also be a letter of credit which would be in that file. She said that it would not just mysteriously disappeared or fly away by itself If he forgot is immaterial, it would still be there and the City would at least know the name of the bank. Council Member Kuether replied if it was there to begin with (in the beginning). Mr. Ahrens said that the developer agreement in the Brandywood file referenced construction costs within the plat itself and he did not see any reference to a letter of credit for 12th/Holly. Ms. Dahl asked if there was a reference to a letter of credit for 12th/Holly in the developers agreement. Mr. Ahrens said no. Council Member Kuether asked Mr. Hawkins if this letter of credit "rang a bell" for him. Mr. Hawkins said no that generally he did not get involved with development contracts, Ms. Wyland does handles these matters. Mayor Landers said that it is his opinion that Ms. Wyland and Mr. Brixius should come before the City Council to answer these questions. Council Member Neal suggested that a meeting be held at City hall with all persons involved in this issue. Mayor Landers said he was in favor of such a meeting because there are unanswered questions. Council Member Kuether said that she did not want it to sound that the City lost $250,000.00 because she was sure that this did not happen. Ms. Dahl said that the City made one step forward in paying for the utilities on Birch Street just to go three (3) steps back with $1,952,000.00 road issue. The $20,000.00 feasibility report was to determine the type of road improvements and costs stated. The traffic study which cost the City another $1,500.00 or more, reported that the Trapper's Crossing will generate 70% of the traffic in the usage of this road. She said, therefore, the conclusion can only be Trapper's Crossing share will be 70% of the $1,952,000.00. Ms. Dahl said Chapter 429 as mentioned at the Council work session is just a smoke screen and has no bearing on this existing PDO and preliminary plat agreement. She said that she believes that it is not the job or duty of the staff to renegotiate an existing PAGE 12 1 1 COUNCIL MEETING JANUARY 22, 1996 agreement and over rule the Council's action with the developer. She also said that she did not believe that it was the staff's job or obligation to find loopholes to let Mr. Hokanson get out of paying his share of the percentage of this road in this agreement. This cannot be done. Ms. Dahl said that it is the Council's job to govern and the staffs job to execute the Council's orders. She said that she believes that it is the City's own staff to undermine the agreement that the City Council, Mayor and developer, Mr. Hokanson agreed to. Ms. Dahl asked, why is the staff taking over the duties of the City Council? She waited for a response. Mr. Ahrens said that he did not have the background on the procedures set up by the City, his experience in the four (4) months that he has been with the City is that upon preliminary plat approval, just like in Trapper's Crossing, the staff takes over to work out the development agreement and get the document executed. He said if this is something that the Council wants to reconsider, it can be changed. Ms. Dahl asked Mr. Ahrens if he follows what the Council wants him to do. Mr. Ahrens said yes. Ms. Dahl continued saying that she believes it is the obligation and responsibility of the new Council and Mayor, to uphold the agreement and the result of the traffic study that was made between the Council staff and the developer, Mr. Hokanson on August 8, 1994. She said that there are many copies and transcripts of the August 8,1994 Council meeting and the Trapper's Crossing PDO agreement. The video and transcripts are proof of the PDO and the preliminary plat agreement and Mr. Hokanson's agreement in the participation in the percentage of the road. Ms. Dahl said the following has a little bit to do with Trapper's Crossing, but is mainly directed to staff. She asked how the staff could professionally and/or correctly do their job by having all the Planning and Zoning Board and Council audio and video tapes be re-recorded over every six (6) months with no regard if the project is currently finished or not. With the inaccuracy of the minutes not being word for word, staff and the citizens have no permanent or precise record for future use. She said that you (?) have no way of predicting what may or may not go to court. Ms. Dahl said that she has checked with cities like Blaine who have a permanent record of all their Planning and Zoning Board and Council meetings on disks for the computer use beside video and audio tapes. Spring Lake Park keeps its video and audio tapes as well. Ms. Dahl said that something has to change so that we will have an accurate accounting of all the meetings. She said the Time Saver dictation that is now used for the Planning and Zoning Board meetings should also now be used for the Council meetings. How can you do this when you have no tapes? Trapper's Crossing was August 8, 1994. Ms. Dahl said that's not when it started, it started in January, 1994. Ms. Dahl said that you people tape over those tapes. Mrs. Anderson explained that she is responsible for the audio tapes and they are kept for at least two (2) years. Ms. Dahl said that she asked for them and was told they are taped over every six (6) months. Mrs. Anderson explained that video tapes are reused every six (6) months, however, the audio tapes are kept for two (2) years or more. Ms. Dahl said that the video tapes should also be kept for two (2) years because they are very cheap. Mrs. Anderson said that audio tapes are required to be kept for two (2) years and are in her possession. Ms. Dahl said that she took audio tapes and transcribed from them word for word because the minutes were so inaccurate, she found that the tape from six (6) months ago overlapping a meeting more than a year old. PAGE 13 COUNCIL MEETING JANUARY 22,1996 Ms. Dahl said that the City should seriously consider keeping the video tapes and the Time Saver dictation because they put it on a hard disk and this is a permanent record. This is done for the Planning and Zoning Board and Ms. Dahl said that she assumes that the City still has this. Council Member Kuether said that the City Council talked about having someone such as Time Savers do the City Council minutes but the City Clerk has to be here. Mrs. Anderson explained that she is required to attend the Council meetings, however someone such as Time Savers could actually do the minutes. Ms. Dahl said she had talked to surrounding cities and they said that they could not believe that Lino Lakes did not keep a permanent record by keeping the videos. Amy Donlin, 6100 Centerville Road - Ms. Donlin said that she wanted to apply her statement to both public hearings, Trapper's Crossing and Clearwater Creek development. She noted that in considering these so called improvements, we often do feasibility studies and pay amazing amounts of money to see just what has to be done to bring our City up to par for development standards. Meanwhile, developers stand by and dictate what they need and what they shall have and our residents often bear tremendous burdens in terms of increased volumes of traffic throughout our City, students in our schools, needs as far as police, fire and maintenance are concerned, increased incidents of crime and violence and more often than not, increased tax burdens that all of this necessitates. Ms. Donlin said she would like to offer up a term that has been lost in the mad dash toward volumes of rooftops, the term is ethic. She said that ethic is a word that means moral duty or obligation, the principles of conduct which govern us. She said that ethics should be equally as important with feasibility reports and "bean" counting. Ms. Donlin said that did not believe that residents should give up the quality of life which we enjoy here nor should we have to pay dearly through esthetic depletion's, frontage assessments or by way of state funding, which originates at home anyway, to make developers projects profitable for them. She said she believes it is OK to draw the line and to say no to a developments demands when it stands to drain our current residents in any way. It is up to the developer to pull their weight and to pay for which benefits only their pocket books. Ms. Donlin said she hoped you (the City Council) would do the ethical thing and make he who demands the services also pay for them. Kirk Corson, 6662 Ruffed Grouse Road He explained that he worked for Hokanson Development. He said that he felt that the City has a fine staff and felt that they try their best to represent both sides of the issue. Even though he works for the developer, he could see both sides of a lot of issues and felt the staff has tried to work with both sides. Mr. Corson said he wanted to point out a few things about the traffic issue. First Hokanson did pay for the traffic study. It was not paid by the City. Secondly, the traffic study was completed in October, 1994 and the development agreement was signed in July, 1995 not 1994 as previously stated. Mr. Corson, said that he went back through the records of the minutes and looked at the video tapes of Council meetings. He said it was our (Hokanson) understanding, based on what Darrell Schneider had worked out with Hokanson, that the project (road improvement) would be $1,900,000.00. There were funds that should be allocated from Brandywood, Hokanson's cost would be $250,000.00 PAGE 14 COUNCIL MEETING JANUARY 22, 1996 and the road was to be fully reconstructed to MSA standards and MSA funds were to be used. Mr. Corson said that was the original understanding and if there is something else, he would like to find out where this agreement is coming from. He said that the original developers agreement did address a lot of the issues just raised. Council Member Lyden asked Mr. Corson for the date of the original developers agreement. Mr. Corson said it is dated July, 1995. Mayor Landers noted that Council Member Lyden said original developers agreement and asked if there has been another agreement since then. Mr. Corson said no, the agreement has numbers and on the back page several items are discussed. He said that Hokanson's understanding of the situation comes from the developers agreement, copies of the Council minutes, video tapes and the discussions with staff. Mr. Ahrens clarified dates by saying that the developers agreement is dated July, 1995, the traffic analysis was completed in October, 1994 and the feasibility report was completed in December, 1995. Dawn Kenny, 6299 Red Maple Lane - Ms. Kenny said she did not visit the 12th Avenue/Holly Drive area of the City very much but wanted to speak about another development that affects her as a resident. She noted that Ware Road was considered a hazardous road even before Fox Trace and Pine Ridge developments were constructed. Now she considers it a deadly road. Ms. Kenny said that when citizens on Ware Road wanted to upgrade the road because it was a MSA road, the City said no because the property owners abutting the road would not accept assessments. Now she hears all this "stuff' about Holly Drive and to her it sounds like de ja vu. Ms. Kenny said that she did not know if there were traffic studies on Ware Road but there were studies, the estimate of traffic should have been doubled because it is a dangerous road. She said that she did not think that the condition of Ware Road was the fault or the responsibility of the original citizens to upgrade the road now. Ms. Kenny said she thought Ware Road should have been upgraded first to handle the increase in traffic. She said that it sounds like the same thing is happening on 12th/Holly and advised the City Council to "tread softly" because they could be creating the same situation that they have on Ware Road. Council Member Kuether moved to close the public hearing at 7:40 P.M. Council Member Neal seconded the motion. Council Member Lyden said considering the 20/20 project and the real issue that was brought up by the 20/20 project about increasing the communication between the Council, staff and the public, the Council would be doing the right thing by keeping the public hearing open. Mayor Landers said he agreed with Council Member Lyden and would favor keeping the public hearing open until all the facts have been presented by Ms. Wyland, Mr. Brixius and others. He suggested that the public hearing be continued, compile all of the information and then discuss -the matter at the next work session and then when all questions have been answered, the public hearing can be closed at the next City Council meeting. PAGE 15 COUNCIL MEETING JANUARY 22, 1996 Council Member Kuether rescinded her motion. Council Member Neal rescinded his second to the motion. Council Member Kuether moved to continue the public hearing to February 12, 1996 at 6:45 P.M. Council Member Neal seconded the motion. Council Member Bergeson asked if at the end of the continued hearing on February 12, 1996 and there are still unresolved issues, could the public hearing be continued again. Mr. Hawkins said yes. Mr. Schumacher said that the appropriate staff will be present at the next Council meeting so that all questions can be addressed. Voting on the motion, motion carried unanimously. PUBLIC HEARING, RECEIVE PUBLIC COMMENT ON THE USE OF THE 1996-1997 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, RANDY SCHUMACHER Mr. Schumacher explained that this public hearing is to allow citizens and agencies the opportunity to request CDBG dollars. All projects must benefit primarily low income persons or households or clean up conditions of slum and blight. The dollars are from the Department of Housing and Urban Development (Federal dollars). All requirements of the grant, including insurance requirements, must be met by the sub -grantees of the City of Lino Lakes. Anoka County has informed the city of Lino Lakes that the City has an estimated $37,605.00 for 1996-1997 activities. Comments and requests for funding will be received at this public hearing and the City Council will make a final allocation decision at the February 12, 1996 regular Council meeting. The following agencies have submitted requests for CDBG funding for grant year 1996- 1997: Anoka County Community Action Program (ACCAP) $4,328.00 Alexandra House $5,000.00 Community Emergency Assistance Program (CEAP) $1,000.00 Forest Lake Area Youth Service Bureau (FLYSB) $5,000.00 North Anoka Meals on Wheels $3,733.00 Rise $2,500.00 City Projects: Lino Lakes Senior Coordinator Program (Wages, PERA, FICA, Mileage, Classes) $16,044.00 Total Requests $37,605.00 Mr. Schumacher noted that several of the above mentioned organizations have previously submitted their request in writing and a copy of each request was included in the Council packets. He also noted that representatives from several of the organizations are in the PAGE 16 1 1 COUNCIL MEETING JANUARY 22, 1996 audience and may wish to present further information regarding the purpose of their organization. The representative from Rise has the flu today and is unable to attend this public hearing. He may be able to attend the next Council work session. Mayor Landers opened the public hearing at 7:45 P.M. Pat Prinzevalle, Executive Director of Alexandra House, Inc. explained that Alexandra House provides emergency shelter, support services and community advocacy services to battered women and their children in Anoka County. Alexandra House is requesting $5,000.00 to continue the intervention services in Lino Lakes She noted that they have been extremely successful in working with the Lino Lakes Police Department. Intervention service provides information to victims and helps them go through the legal system. In addition, Alexandra House provides training to new police officers and other training to the police department. Ms. Prinzevalle noted that Alexandra House provided residential services to more than 110 women and children as well as providing intervention services, community education, violence prevention services and community advocacy services to more than 9,500 people in Anoka County. Alexandra House provided 36 types of services to 29 women from Lino Lakes. Ms. Prinzevalle explained that if the City decides not to fund the $5,000.00 request, these services will not be available for Lino Lakes citizens. She also noted that the $5,000.00 is only part of the cost of the program. Council Member Kuether said that she noted that Alexandra House is requesting funding from several Anoka County cities and asked how the dollar request was calculated. Ms. Prinzevalle explained that the amount is based on the number of clients served. She also noted that it becomes known that the service is available, more and more people will be requesting the service. Ms. Prinzevalle thanked the City Council for past support and for considering this request from Alexandra House. Llyod Knutson, Forest Lake Area Youth Service Bureau - Mr. Knutson presented additional packet information to the City Council and noted that the Youth Service Bureau services portions of Washington, Anoka, Chisago, Isanti and Pine counties. The purpose of the Youth Services Bureau is to serve the needs of youth and families in the elementary and high schools. Services and programs are offered in various locations. The handout lists the various types of services that are provided by the Youth Service Bureau. In 1995, 1313 1/2 hours of direct service was provided to 698 youth from the community of Lino Lakes. Presently, the Youth Service Bureau is working in the Forest Lake School District which includes Lino Lakes Elementary school. Services are also provided to the Centerville school. The Youth Service Bureau works with the Lino Lakes Police Department and Chief Pecchia is a member of the board of directors. PAGE 17 COUNCIL MEETING JANUARY 22, 1996 Mr. Knutson explained that the Youth Service Bureau is requesting $5,000.00. He noted other cities and townships who also help fund these services. Council Member Lyden asked for further information regarding specific programs provided by the Youth Service Bureau. Mr. Knutson explained that Ms. Laurie Olson can provided this information as well as Chief Pecchia. Council Member Kuether noted that she was aware that the Lino Lakes Police Officer working in the Centennial School system mentioned working with the Youth Service Bureau. She asked Mr. Knutson if this officer is working directly with the Youth Service Bureau. Mr. Knutson said yes, the Youth Service Bureau also works directly with the police liaisons in the Forest Lake schools. Ms. Olson explained that the Lino Lakes Officer in the Centennial School system makes direct referrals to the Youth Service Bureau. Mr. Knutson noted that the program has expanded outside of the Forest Lake school system. Ms. Olson said that in 1989 the Youth Service Bureau served 89 Lino Lakes children and in 1995 they served 678 children. She explained that the Youth Service Bureau is trying to address the violence prevention issue and the self esteem issue. Staff has increased staff and now includes four (4) full-time counselors, two (2) full-time office persons and a full-time executive director. Council Member Neal complimented the program of the Youth Service Bureau. Maggi Novak, North Anoka Meals on Wheels - Ms. Novak explained that the City Council gave some of the CDBG dollars to Meals on Wheels last year to help fund the site coordinator for this area and to provide meals to seniors and handicap persons under 60 years of age. She asked the City Council to consider funding for this year. Ms. Novak noted that there has been a large increase in requests for their services. Currently Meals on Wheels is serving approximately 70 meals per day and 30 meals are served from the site in Lino Lakes. Ms. Novak explained the need for the service and noted that there has not been a lot of community support for the program. Council Member Kuether asked Ms. Novak why the requests from each city is the same amount. Ms. Novak explained that unfortunately, some cities do not support the program. This method of requesting funding hopefully will cover the need. She noted that other funding comes from the federal and state government, USDA reimbursement, civic organizations, private donations and 30% comes from the client. Ms. Novak noted that the federal and state funding is not very stable and cuts in the program are likely for this year. Mayor Landers thanked Ms. Novak for coming this evening. Phyllis Linder, Senior Outreach Work, Anoka County Community Action Program, Inc. (ACCAP) - Ms. Linder explained that their senior outreach program links seniors and disabled adults to support services to help the clients remain in their homes. The needs of the senior or disabled adult are assessed in their homes and help is provided to PAGE 18 1 1 COUNCIL MEETING JANUARY 22, 1996 them to complete the necessary paper work and refer them to the proper services. ACCAP visited 34 households in Lino Lakes during 1995 with 55 follow-up visits. One hundred sixty three referrals were made to the more than 40 programs or agencies that ACCAP is involved with. The goal of the program is to prevent unnecessary or premature nursing home occupation. Ms. Linder thanked the City Council for their current support and asked the Council to continue that support. Council Member Neal asked if a person who is now living in their own home and is receiving heat assistance, moved into a senior cottage and paid rent, would the heat assistance be terminated. Ms. Linder said that heat is usually included in the rent and the heat assistance would terminate. However, if a persons income is low enough to qualify for heat assistance, this amount can be used for payment of the electricity. The assistance could not be used to pay the telephone bill. Mayor Landers thanked Ms. Linder for coming this evening. Council Member Neal moved to close the public hearing at 8:10 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. No action is required on this matter this evening. The City Council will be discussing this matter at their February 7, 1996 work session and action can be taken at the next Council meeting, February 12, 1996. PUBLIC HEARING, CLEARWATER CREEK TRUNK UTILITIES, DAVID AHRENS Mr. Ahrens explained that this public hearing is for the trunk utility improvements that will serve the Clearwater Creek development area. He used the overhead projector and showed the location of the Clearwater Creek development area. This development area is being considered by the City to be enhance the City's commercial tax base. A feasibility report for this project was received by the City Council on December 18, 1995 at which time the public hearing was scheduled for this meeting. This development area will be constructed according to Chapter 429 of the State Statutes. The Lino Lakes City Charter does not affect development in the Clearwater Creek development area. Mr. Ahrens discussed the proposed improvement. The trunk water main will be extended from the existing pump house toward I35E and also east toward the middle of the development area and then north to Main Street. The trunk sanitary sewer line will be extended from the lift station which will be constructed at the northwest corner of the Clearwater Creek residential development toward the middle of the development area and then north to Main Street. The sanitary sewer main will be constructed as deep as possible to serve as much area as possible by gravity flow and reduce the need for lift stations and other higher cost maintenance facilities. At this time water services will not PAGE 19 COUNCIL MEETING JANUARY 22, 1996 be constructed with this project because a definite development proposal has not been determined. Storm sewer and street construction will not be considered in this proposal. Mr. Ahrens said maintenance impacts on the proposed improvement will be fairly limited because the sanitary sewer system will be gravity and the water system will be like any other normal water system in this City. Mr. Ahrens discussed the project costs noting that the total project cost would be $747,536.00. The project will be funded by the Area and Unit Fund and by assessment to the benefiting properties north of Cedar Street. The project schedule assumes that the City Council would authorize the improvement this evening, plans and specification would be completed and presented to the City Council on February 12, 1996, bids would be opened, considered and awarded at the first Council meeting in March. Construction should be completed in May and the assessment hearing held later in the summer, 1996. Agenda Item No. 7A, ordering the plans and specifications can be considered by the City Council following the conclusion of this public hearing. Council Member Lyden said that the City's cost would be approximately $200,000.00 which did not include streets. Mr. Ahrens said that this is correct. A separate report is being prepared for the streets and storm sewer construction. This will be presented to the City Council later this spring. He noted that the roadway will be a joint venture between the City and the County and the storm sewer construction will be assessed to the property owners. Council Member Lyden said it is obvious that the City should increase its tax base, and asked if there has been a projection of when the City will break even financially. Mr. Ahrens said that staff does not look at the tax benefits or gains from the development. Staff looks at what the City assesses for area and unit charges as developments are constructed. The Area and Unit Fund collects charges per acre and unit. The City will more than recoup its projected cost of $200,000.00 as the area develops. Council Member Lyden asked what the timetable is for start making positive dollars. Mr. Ahrens said it could be this summer, Mr. Wessel is working on a couple of proposals to be constructed in this area this summer. Mayor Landers opened the public hearing at 8:21 P.M. Karen Cunningham, 2310 Cedar Street - Ms. Cunningham asked Mr. Ahrens to show her on the map where the utilities will be constructed and where her driveway is on the south side of Cedar Street. Mr. Ahrens explained that the utility construction will come from the west to near her driveway and then it will turn north. Ms. Cunningham said that she has a lot of concerns about this construction and other concerns regarding the development that has been taking place along her west property line. Ms. Cunningham said that one concern is the road (Cedar Street). There will be a lot more traffic and there PAGE 20 COUNCIL MEETING JANUARY 22, 1996 will be problems with the dirt road (Cedar Street). She said she loves the dirt road and the rural area. Her family has horses and ride horses on the dirt road. Ms. Cunningham explained that during the last construction season, Cedar Street was closed without telling her family. She had problems because her child had to walk a long way to catch the bus. She hoped that these concerns will be looked at and that someone (engineer) will notify her before this happens again. Ms. Cunningham said it was very unnerving not knowing if her child got on the bus let alone made it down to the bus stop. She felt that she did not have to watch what is going on. Ms. Cunningham said that she had to call the engineer to let him know that the signs were down, that they were frozen into the ground, that the ruts on Elmcrest were so deep that the bottom of her van was hitting the road. She thought that these things should have been under surveillance all the time and that she should not have to call the engineer to report these situations. Ms. Cunningham said she was concerned because people in four-wheel drive pickups were getting stuck. She felt that this would not have happened if the road signs were up. Ms. Cunningham said she felt these types of things should be looked at daily for the sake of safety. Mr. Ahrens said that he was surprised that these concerns were not addressed because there were inspectors on the job at all times. Ms. Cunningham said that when she made the telephone call, everyone was very polite. She asked why did she had to make the telephone call, she did not think it was up to her to do. Council Member Neal suggested that when police patrols, who would be in the area, call the City Engineer and let him know what the situation is. Mr. Ahrens said that he did not think that this would be necessary because there are inspectors on the job. He said that anything staff can do will be done. Ms. Cunningham said that she feels that she has a good working relationship with Mr. Powell however, she felt bad because she had to be the person to make the telephone calls and hopefully she made him aware of the problems before someone got hurt or stuck or whatever. Ms. Cunningham said that there is a sign up against a tree on the north side of Cedar Street between Otter Lake Road and Elmcrest. that says, "Prepare to Stop". She thinks that the sign was removed during the construction and never replaced. Again she asked why she should have to report these incidences. Ms. Cunningham noted that since the Clearwater Creek subdivision started, a stop sign has been posted at Cedar and Elmcrest. She said that was great because there is a lot more traffic. Ms. Cunningham noted that a speed limit sign has been posted on Cedar Street. Mr. Ahrens said that these signs are the result of a speed study that was completed jointly by the City of Hugo and Lino Lakes. In addition, Hugo posted several signs where Elmcrest has some curves. Ms. Cunningham asked why isn't there a speed limit sign going down Cedar toward Elmcrest? She thought it should be a lot less than 45 mph because there is lot more traffic coming from the Clearwater Creek development, toward her driveway with horses and the "curvy" roadway on Elmcrest. Mr. Ahrens said he did not remember the exact details of the speed study but he will review it. He also explained PAGE 21 COUNCIL MEETING JANUARY 22, 1996 how the state sets speed limits. Mayor Landers noted that the speed limits are set by the state and not the City. Ms. Cunningham asked if Cedar Street will be paved or curb and gutter installed. Mr. Ahrens said that there has been no official action or even discussion on this matter. Ms. Cunningham asked if there have been any official police patrols on the new roads in Clearwater Creek? She asked if the roads were public roads and if anybody can drive on them. Mr. Ahrens said that this is not a private development, however, some streets are still under construction. Ms. Cunningham said that she heard snowmobiles and wondered if anyone was watching. Mr. Ahrens said it is part of regular police patrol. Ms. Cunningham said she assumes that the proposed trunk utility extension is because some commercial development is being planned. She asked what the City looks for when determining what businesses can locate in this area. Does the City look at this area as a rural environment and that the residents are use to the quietness? Since the home construction started, it is not quiet or dark anymore. Are these aesthetics considered when staff is determining if a business is suitable for this area? She also asked what are the hours that construction workers can work, who do these businesses attract as employees and clientele and what kind of traffic will they generate? Ms. LaForest explained that the Community Development Department has compiled a list of criteria to judge every prospective business. The prospective business also has to meet the design criteria of the zoning district which include lighting restrictions. In addition, the past financial history of the company is examined to determine if it is a stable company. The City is being selective in the types of development that will be located in Lino Lakes. Ms. Cunningham said that she and her neighbors are going through a big change so it would be nice to move into development slowly and get something that will compliment what is already here. Ms. LaForest said that any development on Cedar Street will be required to install buffers such as landscaping, etc. Ms. Cunningham said that she understands that the area south of Cedar Street is protected by the City Charter. Mr. Ahrens said that this is true and the area outside of the Clearwater Creek subdivision is not in the MUSA and cannot receive sanitary sewer service. Mayor Landers referred to the plan to extend sewer service north from Cedar Street for anticipated commercial development and asked when construction would be begin. Mr. Ahrens said if the proposed schedule is followed, Cedar Street will be closed during the period of time when the sewer line is constructed across Cedar Street. Ms. Cunningham noted that the children will still be in school. She explained that when Cedar Street was closed for construction in the Clearwater Creek subdivision, nobody on her street was notified and the children were unable to get to the school bus. (The school bus travels north on Otter Lake Road to Cedar Street, east on Cedar Street to Elmcrest then north to Main Street.) Ms. Cunningham said that this was very disturbing. Mr. Ahrens explained that the City will have to keep the road open for school bus service and for emergency vehicles. Ms. Cunningham noted that Cedar Street was in very poor condition before PAGE 22 COUNCIL MEETING JANUARY 22, 1996 winter came and it froze and some gravel was laid down. She said that Cedar Street will be a problem when it thaws in the spring. Ms. Cunningham said that she had stated all of her concerns and hoped that the City would keep as much of the rural environment as possible. She said that she hoped that everybody could work together for the benefit of all. Council Member Kuether said that the City Council will address the concern she stated at the Council work session regarding the days and time construction workers can work on the project. Council Member Bergeson moved to close the public hearing at 8:40 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 07 Ordering Preparation of Plans and Specifications for the Clearwater Trunk Utilities - The improvement involves the construction of trunk sanitary sewer and watermain to serve the portion of the Clearwater Creek Development Center located between Cedar Street and Main Street, east of I35E. These utilities would provide service to support development of the business sites in that area. This resolution will order preparation of plans and specifications in time to allow the improvements to be completed in the summer of 1996. Council Member Kuether moved to approve Resolution No. 96 - 07 Ordering Preparation of Plans and Specifications for the Clearwater Creek Trunk Utility Improvements. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 07 can be found at the end of these minutes. PUBLIC HEARING, ELEVATED WATER STORAGE TANK NO. 2, DAVID AHRENS Mr. Ahrens explained that the feasibility report for this project was received by the Lino Lakes City Council December 18, 1995, at which time the public hearing was scheduled for the January 22, 1996 Council meeting. He said that Mr. Kurt Johnson, TKDA is present to discuss the feasibility report and answer questions from the City Council and the public. Mr. Johnson explained that this project is the construction of an elevated water storage tank. The tank will be located in the search area bordered by Main Street to the north and Cedar Street to the south, Otter Lake Road to the west and 24th Avenue (Elmcrest) to the east. He used the overhead projector and showed four (4) different types of elevated water storage tanks. Mr. Johnson described each tank and discussed the advantages and disadvantages of each tank. The project consists of the construction of a foundation to set the structure on and the tank itself. When the water tank is constructed, it will be painted and put into service. PAGE 23 COUNCIL MEETING JANUARY 22, 1996 The total cost of the project is estimated to be $1,210,000.00. The tank should be completed and in service by June 15, 1997. The cost will not be assessed to property owners and will be financed by a twenty (20) year revenue bond. The location of the tank will be located in a rural area and not in a developed neighborhood. Mayor Landers opened the public hearing at 9:02 P.M. Karen Cunningham, 2310 Cedar Street - Ms. Cunningham asked if any of the drainage from the development in the area is going into Clearwater Creek. Mr. Ahrens explained that some of the drainage will go into Clearwater Creek since that is the natural drainage area. The developer will be required to construct detention ponds and manage the run-off from developments prior to entering into Clearwater Creek. The Rice Creek Watershed District (RCWD) will review and approve all drainage plans prior to the start of construction. The run-off will be treated before it enters Clearwater Creek. Ms. Cunningham asked if, before this project begins, can someone look into RCWD's responsibilities. She said that she has talked to RCWD a number of times about the ditch (Clearwater Creek) improvement that was suppose to happen when the Clearwater Creek residential subdivision was started. RCWD told her that Clearwater Creek is not their primary concern, however, it is "in the works". Ms. Cunningham talked to the City Council about her concerns with Clearwater Creek. She was told that her concerns were going to be addressed by the RCWD. Ms. Cunningham said she feels that the City has to look at Clearwater Creek as well. There were problems because the culvert was plugged. She said that supposedly the culvert was fixed, however, she has not seen any difference and does not know how it was fixed. Ms. Cunningham said the RCWD told her that the ditch that runs through her property and then into Clearwater Creek is going to be drained. She said that only so much water can be dumped into Clearwater Creek before it starts backing up and there will be problems with fields, pastures, houses and private septic systems. Ms. Cunningham said she felt that she has to stay on top of things and said that is something that the City Council should be looking at. She said that she has stressed this concern so many times and does not know what to do anymore. Ms. Cunningham said that she hoped that the drainage concern is being addressed very carefully and that the first problem is resolved before a second problem arises. Mr. Ahrens said that RCWD completed a study of the Clearwater Creek channel and prepared an inventory of all the problem areas they found. The report says that they need to do some work in that area. He said some other studies of that area also indicate that work is needed in this Clearwater Creek area. Although he has not seen any plans, it is his understanding that the work will be done this summer. Ms. Cunningham asked if this could be done before more development takes place because the situation is going to become worse. Mr. Ahrens said that the City will address this when they look at storm sewer issues and street improvements in this area. Part of the storm sewer improvement will be a study of Clearwater Creek, how much can the creek hold, what the City needs to do for ponding, how much has to be done to enhance the flood plain and other issues. PAGE 24 COUNCIL MEETING JANUARY 22,1996 Council Member Lyden said that he shared Ms. Cunningham concern about some of the ditches in the City because they are very full. Ms. Cunningham said that the ditches are in need of repair and suggested that they be repaired before there is any more damage. Council Member Lyden noted RCWD says they are managing the rate of water going into the ditches, however, there is no managing the volume of water that is increased and this is an issue that RCWD is dealing with and he felt the City should also deal with this concern. Ms. Cunningham asked the City to make sure that the ditches do not get plugged while the construction is going on. Ms. Cunningham asked why the City is considering a water tower now when there is already a water station in the Clearwater Creek subdivision. Mr. Ahrens said that the water tower, well and pump house work hand in hand. The well is pulling the water from the ground and pushes it into the tank. The tank keeps constant pressure and provides adequate water available for safety reasons. Amy Donlin, 6100 Centerville Road - Ms. Donlin said that she heard that the City of Hugo had a water tower not too far from Clearwater Creek which was only at 10% capacity. She asked if it was out of the question to share with another nearby city? Is a million dollar water project necessary? Ms. Donlin said she would like to be convenience that this City has to spend a million dollars on another water tower so close to Centerville and Hugo. Ms. Donlin said that she would not want to build a $250,000.00 house anywhere in the proximity of a big water tower. She thought a water tower would diminish the values of those homes. Ms. Donlin noted that a water tower cannot be hid by a berm or trees and this would diminish the aesthetic value of the neighborhood. Mr. Ahrens said that the water tower will be in place before most of the homes are constructed and sold. People purchasing the homes will be able to see the water tower. He noted that typically water towers are located in residential areas and cited the water tower in Shoreview as an example. Mr. Ahrens explained that the Hugo water tower is too small for the future needs of Lino Lakes. That water tower is some distance from Lino Lakes and that would make construction of a water main from that facility very expensive. Ultimately, Lino Lakes will need this water tower so connecting to Hugo's water tower would be a waste of dollars even though it may save a few years. Mr. Ahrens explained that the City approached the City of Centerville to see if they are interested in sharing the Lino Lakes water tower. There is a possibility of sharing facilities with Centerville. Ms. Donlin said that she did not see the heron logo on the Lino Lakes water tower. Ms. LaForest said it is coming and there will be a presentation to staff tomorrow on the use of the logo. Council Member Neal moved to close the public hearing at 9:08 P.M. Council Member Lyden seconded the motion. Motion carried unanimously. No action is needed by the City Council this evening. PAGE 25 COUNCIL MEETING JANUARY 22,1996 Resolution No. 96 - 08 Ordering Preparation of Plans and Specifications for the Elevated Water Storage Tank No. 2 - Mr. Ahrens explained that this resolution will order plans and specifications for the City's second water storage tank to be located in the Clearwater Creek area. This project is consistent with the City's Comprehensive Water System Plan. The schedule call for the plans and specifications to be ordered this evening and brought to the City council on February 26, 1996. Mr. Ahrens explained that plans and specifications call for a water storage tank with a fluted column similar to the first water storage tank. There will be space inside the base for other uses such as a police substation, storage etc. Mr. Ahrens said that the potential use should be decided so that the use can be included in the design. Council Member Kuether moved to adopt Resolution No. 96 - 08 Ordering Plans and Specifications for the Elevated Water Storage Tank No. 2 with a fluted base. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96-08 can be found at the end of these minutes. The City Council took a break from 9:12 P.M. to 9:23 P.M. CONSIDERATION OF THE YEAR END BUILDING DEPARTMENT REPORT, PETER KLUEGEL Mr. Kluegel explained that 1995 was a fairly busy year for the Building Department in Lino Lakes. A total of 598 building permits were issued. This is 32 more than the previous year. Total construction valuation was $40,636,691.00. This exceeded the 1994 total by $14,000,000.00. This increased valuation was mainly attributed to the increased industrial and institutional growth experienced in 1995. There were 213 new homes constructed which is a decrease of four (4) from the previous year. Seventy eight (78) units were the Wenzel Farms townhomes and Willow Ponds senior dwellings. The average construction cost of a single family dwelling was $122,896.00. The City issued 16 commercial, industrial, and institutional building permits totaling $11,694,150.00. This figure represents a considerable increase over the 1994 total of two (2) permits valued at $172,000.00. Some of the more significant building projects in 1995 were the chemical dependency building at the Minnesota Correctional Facility ($6,519,000.00), the Nol Tech building, the Mag Con building and the Blue Heron building in the Apollo Business park. The Living Waters Lutheran Church addition was constructed and there was remodeling at the Minnesota Correctional Facility. Molin Concrete remodeled some of their facility and the Oasis Market was completely reconstructed. In addition there were three (3) permits issued for the Teleport facility on Holly Drive. Mr. Kluegel said, in 1996, he expects the residential construction activity to equal that of 1995. In addition, there are some proposed projects planned in the institutional and PAGE 26 COUNCIL MEETING JANUARY 22, 1996 industrial areas. A proposed middle school, an industrial building at I35E and expansion at the Minnesota Correctional Facility are all proposed for construction in 1996. Mr. Kluegel presented a graph of building activity in Lino Lakes beginning in 1988 and noted that residential building has stabilized near 200 new homes per year. He anticipates this trend to continue. Council Member Bergeson noted that all the institutional construction is exempt and not taxed. Council Member Kuether moved to accept the 1995 Building Officials Report. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 96 - 09 AMENDING THE CENTENNIAL FIRE DISTRICT JOINT POWERS AGREEMENT, II, FIRE CHIEF MILO BENNETT Chief Bennett proposed a resolution to modify the Joint Powers Agreement that governs the Centennial Fire District. He explained that the Centennial Fire District operates under a Joint Powers Agreement between the cities of Lino Lakes, Circle Pines and Centerville. A Steering Committee consisting of two (2) members from each city oversee the operation of the Fire District. The proposed modification will have to be approved by all three (3) cities. Chief Bennett said this would be done in the very near future. The proposed changes to the Joint Powers Agreement include Section 2.5, Quorum and deletion of Sections 7.2, 7.3 and 7.4 which describes the Balancing Formula. Section 2.5 requires five (5) of the six (6) regular committee members to be present for a quorum to conduct business. Resolution No. 96 - 09 changes this provision tso that four (4) of six (6) committee members be present with the addition that each municipality must be represented at the meeting. Chief Bennett explained that there have been instances when the Steering Committee was unable to conduct business because of a lack of quorum. The second modification involves deleting Sections 7.2, 7.3 and 7.4 which defines the balancing formula that affects the funding from each of the cities. The main formula sets up funding requirements based on the five (5) year average of "runs" for a city, the population and the market value which all represents the actual history, the people and the property which the Fire District protects. In addition, there is a balancing formula that attempts to make sure that a home in one city pays about the same in property taxes as a similar home in the other two (2) cities. Chief Bennett would like to remove this section since it does not insure this equity. He outlined the formula for funding noting it is unpredictable and throws the formula out of balance. In fact, the formula does the opposite of what it is intended to do. The formula has been used for the past five (5) years and during four (4) of these years there has been a balancing adjustment paid back and forth between the cities. Chief Bennett said if the cities choose to delete this section PAGE 27 COUNCIL MEETING JANUARY 22,1996 of the Joint Powers Agreement, it would make sense to go back and straightened out what has happened in the past five (5) years. Chief Bennett noted that if his recommended changes are approved, some sections of the Joint Power Agreement will have to be renumbered. Chief Bennett explained that if the balancing formula is repealed as he is recommending, that because the City of Lino Lakes has received money under the balancing formula for a four (4) year period, that Lino Lakes would have to pay it back over a two (2) year period. The amount to repay is $11,218.00 per year. Chief Bennett that this is less a significant amount than what the City of Lino Lakes would have to pay under a balancing formula for one year. Chief Bennett said repeal of the balancing formula is in the best of all three (3) cities because the amount is unpredictable and hard to justify. Council Member Kuether asked Mr. Schumacher where the money will come from to reimburse the other two (2) cities. Mr. Schumacher explained that the money is in the 1996 General Fund Budget and will be in the 1997 General Fund Budget. Council Member Neal moved to adopt Resolution No. 96 - 09 Amending the Centennial Fire District Joint Powers Agreement. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 09 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Accepting Bids, Marshan Lake Condominiums Street and Utility Improvements - Mr. Ahrens explained that on December 18, 1995, the plans and specifications for the Marshan Lake Condominium street and utility project were approved and an advertisement for bids was ordered. Thirteen (13) bids were received and opened on Thursday, January 18, 1996. .He recommended that the City Council accept the bids at this time and his recommendation that award of the contract take place at the February 12, 1996 Council meeting. Council Member Bergeson moved to adopt Mr. Ahrens recommendation. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 03, Approve Plans and Specifications and Order Advertisement for Bids, Pumphouse No. 3 - Mr. Ahrens explained that plans and specifications for the well and pumphouse No. 3 were ordered at the September 26, 1995 City Council meeting. The well drilling was completed the first week of January, 1996. City Council action is requested to order the improvement, approve plans and PAGE 28 COUNCIL MEETING JANUARY 22, 1996 specifications, and order the advertisement for bids for the construction of the pumphouse. This well is located on the south side of Birch Street west of 12th Avenue. Council Member Neal moved to adopt Resolution No. 96 - 03. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 03 can be found at the end of these minutes. Consideration of Resolution No. 96 - 04 Ordering Improvement, Approve Plans and Specifications and Order Advertisement for Bids, Fourth Avenue Trunk Utilities - Mr. Ahrens explained that Mr. Powell was scheduled to present this agenda item, however Mr. Powell is sick. This project involves the extension of trunk sanitary sewer and watermain along Fourth Avenue and Lilac Street to serve the Behm's Century Farm Subdivision. The plans and specifications for this project were ordered by the City Council on August 14, 1995. Construction of these improvements is scheduled to begin in the spring of 1996. The contract for this project will be awarded only after the developer of the subdivision submits adequate financial security for the assessments to pay for the improvements. A copy of the advertisement for bids has been sent to the Quad Press for publication contingent upon the City Council's action tonight. Council Member Kuether moved to adopt Resolution No. 96 - 04. Council Member Neal seconded the motion. Council Member Bergeson asked if Mr. Ahrens statement regarding securities for this subdivision should be included in the motion. Mr. Ahrens said this could be included in the motion, however, it is not necessary because the City has the ability to reject all bids. Council Member Kuether asked why the securities are not in place. Mr. Ahrens explained that there has been some discussion about selling the property to another developer. There has been a lot of discussion on this matter, however, Mr. Schumacher talked with Mr. Uhde last evening and was told there is only about a 5% chance that he will sell the subdivision. Voting on the motion, motion carried unanimously. Resolution No. 96 - 04 can be found at the end of these minutes. Consideration of Resolution No. 96 - 05 Ordering Preparation of Report on Improvement, Birch Street Watermain - Mr. Ahrens explained that this is also Mr. Powell's presentation. The Comprehensive Water System Plan calls for the extension of a trunk watermain to the ease side of I35E to provide service for future development needs and to link the well and elevated storage tank in the Clearwater Creek area to the remainder of the City system. This improvement would increase the integrity of the City's water system and would allow easier maintenance of the wells. Mr. Ahrens PAGE 29 COUNCIL MEETING JANUARY 22, 1996 recommended a report be prepared on this improvement to allow the City better coordination of water system improvements to serve the Clearwater Creek Development Center. Council Member Bergeson asked how far will the watermain have to be extended. Mr. Ahrens explained that it is about 10,000 feet and the watermain will be jacked under I35E to the pumphouse. Council Member Kuether moved to adopt Resolution No. 95 - 05. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 05 can be found at the end of these minutes. OLD BUSINESS Consideration of Appointing Rocky Keehn to the Vadnais Lake Area Water Management Organization - Mr. Schumacher explained that Mr. Keehn has been the Lino Lakes representative on this board for about a year. He is the person who prepared the Lino Lakes Surface Water Management Plan. Mr. Keehn is employed by SEH, lives in Lino Lakes and is well qualified for this position. Council Member Kuether moved to appoint Mr. Keehn to the Vadnais Lake Area Water Management Organization. Council Member Lyden seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of an Application for Authorization for an Exemption from Lawful Gambling License for St. Joseph Catholic Church - Mrs. Anderson explained that the Minnesota gambling statutes allow non-profit organizations who conduct fewer than five (5) gambling occasions per year to apply for an exemption from securing a gambling license. St. Joseph Catholic Church conducts three (3) gambling occasions (bingo) each year, therefore, a gambling license is not required. Mrs. Anderson recommended that the City Council adopt a motion approving the application for exemption. Council Member Neal moved to adopt Mrs. Anderson's recommendation. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Tax Forfeit Properties in Lino Lakes - Mrs. Anderson explained that five (5) parcels of property in the City of Lino Lakes have forfeited to the State of Minnesota because of delinquent property taxes. All of the parcels are now in the repurchase period which expires in May. If the parcels are not repurchased, they will be sold at a County auction. PAGE 30 COUNCIL MEETING JANUARY 22, 1996 The Anoka County Land Commissioner has asked the City Council to approve the classification and sale of the parcels. The parcels include: 1. Outlot D, D. Erickson's Second Addition 2. Outlot E, D. Erickson's Second Addition 3. Outlot F, D. Erickson's Second Addition 4. A triangle parcel between Lots 12 and 13, Block 3, D. Erickson's Second Addition 5. Lot 11, Block 2, Lino Air Park Outlots D and E of D. Erickson's Second Addition are small parcels that were left over when the subdivision was platted. The City Engineer and the Planning Coordinator agree that there is no public use for these parcels and it is in the best interest of the City to allow the parcels to be placed on the County auction. Outlot F of D. Erickson's Second Addition is directly across Pheasant Run from the City park. The Parks and Recreation Director has asked that this parcel be obtained by the City to provide access to the ponding area to the west of Pheasant Run. Ice skating on the pond has been considered. The triangle parcel of land between Lots 12 and 13, Block 3 was created to correct a problem that was created when a house was constructed to close to the lot line. Stewart Homes, owner of Lot 12 requested the subdivision and the triangle parcel was to be attached to Lot 12 with the consent of the owner of Lot 13, Stewart Homes did not combine the triangle parcel with Lot 12 as was directed by the City Council. Since that time ownership of Lot 12 has changed twice. The solution may be to allow the parcel to forfeit so that it can be considered for the County auction. The County will then contact the owner of Lot 12 and ask them to purchase the parcel. The County will require that the parcel be combined with Lot 12. Lot 11, Block 2, Lino Air Park is now part of Behm's Century Farm. Mr. Uhde repurchased the lot to get clear title so that it could be included in the plat. Mrs. Anderson asked the City Council to adopt her recommendations. Council Member Kuether moved to approve Mrs. Anderson's recommendations. Council Member Lyden seconded the motion. Motion carried unanimously. Mr. Schumacher asked if the lot in the Lino Air Park is low ground. Mrs. Anderson explained that if it is, it is not reflected on the half -section map. The lot has been replatted into the Behm's Century Farm, First Addition. Mr. Uhde repurchased the lot so that it could be included in the plat. Voting on the motion, motion carried unanimously. PAGE 31 COUNCIL MEETING JANUARY 22, 1996 Consideration of the Renewal of the 1996 Solid Waste Agreement with the City of Lexington - Mr. Schumacher explained that a renewal contract with the City of Lexington has been drafted for providing Solid Waste Coordinator services to that city. If ratified by the City of Lino Lakes, the Lino Lakes Solid Waste Coordinator will continue providing similar services for the City of Lexington that occurs presently in Lino Lakes. The contract states the City of Lino Lakes will provide services to Lexington for a maximum of 15 hours per week. The billing rate for services will be $12.65 per hour. An office will be provided by both cities. The contract term is for one year and automatically renewable for a one year term. The City of Lexington approved renewing this contract at their December 7, 1995 council meeting. Mr. Schumacher recommended that the City Council ratify the Solid Waste Agreement with the City of Lexington as presented. Council Member Neal moved to adopt Mr. Schumacher recommendation. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Lyden noted that Ms. Donlin had presented some growth information for the City Council and asked if there was other information available for discussion at the goal setting meeting. He had with him a listing of some resources available for about $35.00. Council Member Lyden requested other resources that would outline different types of growth such as cluster development. Council Member Kuether moved to adjourn at 9:55 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on February 12, 1996. C Le Marilyn G Anderson, Clerk -Treasurer J6hn L. Landers, Mayor PAGE 32 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-03 RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS - PUMPHOUSE 3. WHEREAS, pursuant to resolution of the council passed by the council on September 26, 1994, SEH, Inc., has prepared plans and specifications for the improvment of pumphouse no. 3 and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 22nd day of January 1996. 2. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 3. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, February 20, 1996, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, February 26, 1996, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Resolution No. 96-03 Page 2 Adopted by the Lino Lakes City Council this 22nd day of January, 1996. Marilyn G. derson, Clerk -Treasurer ohn Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether Lyden, Neal, Landers The following voted against same: None Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on January 22, 1996. /2 ;Li. 6,6-A46y� Marilyn G. Anderson, Clerk -Treasurer 1 Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 96-04 RESOLUTION ORDERING THE IMPROVEMENT, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE FOURTH AVENUE TRUNK UTILITY IMPROVEMENTS. WHEREAS, a resolution of the Lino Lakes City Council adopted the 12th day of June, 1995 fixed a date for a Council hearing on the proposed improvement and, WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 24th day of July, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, pursuant to resolution passed by the City Council on the 14th day of August, 1995, TKDA has prepared plans and specifications for the improvement and has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 12th day of June, 1995 pursuant to a petition of the affected property owner. 2. Such plans and specifications are hereby approved. 3. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for the bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 1:00 P.M. on Wednesday, February 21, 1996, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, February 26, 1996 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 22nd day of January, Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None . Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on /PO- , 1996. plr�a� Marilyn G. erson, Clerk -Treasurer Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 96-05 RESOLUTION ORDERING PREPARATION OF REPORT - BIRCH STREET TRUNK WATERMAIN IMPROVEMENTS. WHEREAS, it is proposed to install trunk watermain improvements from the existing trunk watermain east of Sherman Lake Road on Birch Street to the intersection of Cedar Street and Otter Lake Road and to assess the benefitted properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to John Powell of TKDA for study, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 22nd day of January, 1996. Marilyn G. ,o erson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Nand upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers . The following voted against same: None . Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on 1 22 ,1996. Marilyn GvAnderson, Clerk -Treasurer 1 1 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 06 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION FOR THE RICE LAKE ELEMENTARY SCHOOL SAFETY PATROL EVENT WHEREAS, WHEREAS, WHEREAS, a roller skating party will be given to the school patrols on February 9, 1996 in appreciation of their efforts; and the Centennial Fire Relief Association has made a donation of $525.00 to defer the cost; and the monies will be appropriated to the General Fund the following manner: Increase Revenue - Contributions Increase Expenditures Roller skating party $525.00 $525.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $525.00 for the cost of roller skating event and wishes to express its gratitude to the Centennial Fire Relief Association for its donation. in Adopted by the Lino Lakes City Council this 22nd day of January, 1996. Maz`iYn l G. Anderson, Clerk -Treasurer ohn L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. seconded by Council Member Lyden Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-07 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CLEARWATER CREEK TRUNK UTILITY IMPROVEMENTS WHEREAS, Pursuant to Resolution No. 95-110 of the Lino Lakes City Council adopted the 11th day of September 1995, a report was prepared for this improvement and, WHEREAS, Resolution No. 95-187 adopted on the 18th day of December, 1995 fixed a date for a City Council hearing on the following described improvement: AND WHEREAS, published and mailed notice of the hearing was given, and a hearing was held thereon on January 22, 1996, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement Adopted by the City Council this 22th day of January, 996. Marilyn G. Anderson Clerk -Treasurer hn L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION 1 hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on January 22, 1996. ;fes Marilyn . Anderson, Clerk -Treasurer 1 1 Council Member Kuether resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-08 introduced the following RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR ELEVATED WATER STORAGE TANK NO. 2 WHEREAS, Pursuant to Resolution No. 95-109 of the Lino Lakes City Council adopted the 11th day of September 1995, a report was prepared for this improvement and, WHEREAS, Resolution No. 95-188 adopted on the 18th day of December, 1995 fixed a date for a City Council hearing on the following described improvement: AND WHEREAS, published and mailed notice of the hearing was given, and a hearing was held thereon on January 22, 1996, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Kurt Johnson, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement Adopted by the City Council this 22th day of January, 996. J hn L. Landers, Mayor Marily G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on 1/22 , 1996. Marilyn G. Anderson, Clerk -Treasurer _ Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 96 - 09 RESOLUTION AMENDING THE CENTENNIAL FIRE DISTRICT JOINT POWERS AGREEMENT II WHEREAS, The City of Lino Lakes entered into a Joint Powers Agreement (Agreement) on January 1, 1990 with the Cities of Centerville and Circle Pines to provide fire protection service to their residents, and WHEREAS, The Steering Committee responsible for overseeing the Agreement has been made aware of several inadequacies in the Agreement, and WHEREAS, Section V, 2.5 Quorum, of the Agreement requires an amendment because there are occasions when it is difficult to get a quorum to conduct business, and WHEREAS, Section VII, 7.2, Balancing Formula, 7.3, Adjustment to Formula, and 7.4, Balancing Formula Distribution Rules, of the Agreement does not make sense because figures used in the balancing formula do not represent anything that is related to the fire department and the amounts are unpredictable, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Section V, 2.5 Quorum is hereby amended to read as follows, Four (4) of six (6) regular Committee Members during special or quarterly meetings shall constitute a quorum provided each municipality is represented by at least one Committee Member, except in situations of default when three (3) of four (4) Committee Members shall constitute a quorum. Section VII, 7.2 Balancing Formula, 7.3 Adjustment to Formula and 7.4 Balancing Formula Distribution Rules are hereby deleted. Section VII, 7.5 shall be renumbered 7.2. 1 1 1 RESOLUTION NO. 96 - 9 Page -2- Adopted by the City Council of the City of Lino Lakes this 22nd day of January, 1996. C1214 G. derson, Clerk -Treasurer 1Jo L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden an upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Lyden, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 3Uo8n Na1ooth 1101 Holly Drive West Lino Lakes, MH 55038 PH; 426-0887 January 22,1996 Dear. Mary Kay 'yland, and "Who El6o This Hay Concern" First Of all, I want it documented that I am upset with the city for Vuttiny me through 9 months of unnecessary stress, beginning in. Maroh '95. •I had.been informed by everyone there, time and time:again, .that th� titYijw/Vld not o «VV«'t me, about this fence Issue -- I was on my own! In other words, -the foncw agreement was exclusively between myself and. HVkanoon Development, and the City would not be involved at all. Then wthVut warniog,•tho rules changed. The staff noVVooe4ly. re-evaluated the fencing/buffer motion from 8/8/94, and decided that I am no longer a participant, ponoorniny this fonoo' l had received thio littlo Thews flash", unexpectedly, about 4:;00 PM, on November 30th, through a phone call from you,...about the "surprise" issuance of Hokanoon'n fencing. permit, with less than a 24-hour notice to me. I had inquired at this time, whether this could he VVSoihlw, ninw there' ' had been no mutual agreement between HoKanoon and myself. You had said that the staff and Hokan000 had arrived at a deoioion yourselves, excluding mo. Why did the City waste my time for all these months, subjecting m* to all this stress, including harraoomont from Hoka000n"o attorneys, who threatened lawsuits or taking me to court! I had to waste my time attending mediation services and meetings! I had to waste my time doing all that senseless research on fence price comparisons with various companies! And I had to waste my time calculating all those fence prices and linear foota0oo, for total estimated costs! Why didn't the city competently decide this matter from its inception -- instead of making an 180-dogroo switch, such as this at the end? The major point of thio letter •in to answer' your letter, dated I1/30/95. I did not have an oVVortv»ity to respond sooner, because I do 'have a Voroonal life to attend to. And with the holidays, I was rather busy with family matters. In a prior phone conversation on 11/30/95, when you had stated that the City intended to innuo HokanSon Development the fence permit, I had questioned you on the "timing" of this permit, with winter in full force, and the ground being. frozen. You had said that there was a "warm spell" forecast for the imVondiny weekend of December 1-3, and that HoKanoVn was quite anxious to begin installation Of this fence, at this time. Well, the "warm spell" and Chat "weekend" came and went, and not one person was out here doing any installation work on that fenoo....FOR THE RECORD. ln• the 11/30/95 letter, you had stated that the 6 -foot boards will have a 1 -inch spacing "per Walseth's request". .fiat is quite inaccurate, hooauow 1 have always' said to you and Hoka000n that I Vrwferrwdltho minimal 10% gap for air space and passage, documented in the. City's own fence ordinance. It seems that every time this "gap." was discussed with you, you .disregarded my preference, almost implying that I was being uncooperative and trivial -- when my intentions were just to insure maximum privacy for myself. I just want IA stated FOR THF RECORD, that I 2 C)( not suggest a 1 -inch gap, but the 10% minimum.•••••On. a 6-inch,wide board, would be slightly more than 1/2 inch (.6 inches). On 12/1/95, 1 had been told by both Dave Ahrens, the city engineer, and the city building department, that Hokanson Development wilt be installing the fence about one foot from the property line, on _"his side. FOR THE. RECORD, 1;hatis acceptable to me, sifiee I am no longer 'a party of it. had asked you in the phone.conversation on .12/6/95, about the height of the privacy fence, of (if the ground. You had .aid that there were no documented specifieations on this detail. FOR THE. RECORD, 1 refer it to be positioned, cloSe to the ground level, instead of 12 inches above, for maximum privacy. - In this sathe phone conversation, you had also stated that Hokanson Development will be installing alternating 10 -foot posts without concrete, and 8 -foot posts with concrete -- to adequately support the fence in this sandy soil, on the. As 1 already told you, that is acceptable to me, FOR THE RECORD. This privacy fence on the east side of my property has heyeL been the •major point of contefition between Hokanson and myself -- it was the suggested material used for tfie north fence, that we couldn't agree on. For the City's record". 1 want it stated that the complete omission of a fence on the north boundary of my property is totally unacceptable to we. I still strongly feel -that I need that .5 or 6 -foot chain-link fence there. As 1 understand it, you had "dusted the cobwebs" off of some obsolete "pool" fence ordinance, that you unexpectedly discovered,• about a 4 -foot unclimbable" fence, being adequate against trespassing for. pools. This is a hobby far -m, not a pool! The "key word" here that is being over -looked, is "onclimbable. With the two horizontal 2x4 rails on my 4 -foot fence, it is very convenient and sturdy to hop from Ode to side. Of course, this now supports t!it • Hokanson will•not be required, to install a fence on that north side. 111 wish the staff would work as diligently on my behalf, as a resident and a taxpayer, as they do for helping the developer, finding loopholes" to benefit Ii!!1 We had talked about that steep slope along this north fence line. I was tfie one who had stated that it is so steep, it will be difficult for anyofie to mow i. And you had then replied, that the steep slope, along with -my fence at; the top, will both work at deterring trespassing together. Well, at the top of that slope, there a few feet of flat. area, which will support anyone, wishing to climb over: And as you move west, along that fence line, the slope drastically decreases to level ground, which makes my property back there, even more accessible to trespass. The existence of that slope and my fence are irrelevant issues --. and neither are • aeceptable to deter trespass. Your 11/30/95 letter says that "my fence in addition to the plantings, should adequately deter trespassing".1 disagree that these trees-havethat function, because people will easily walk between them. The trees are only a visual buffer, JI(A, a deterrent. The landscape plan that you enclosed indicates only '7 trees on that first row .• . . . . . • • • • .•• • . • • . . . , • near my north fence. From my estimate, to where the pond is located, that is ahoit . • . • • • . . 250 feet or so 7- roughly 35 feet between trees. As 1 mentioned to you on the ... phone about this, 1 don't wafit to wait 10-20 years 1or these trees to mature, to be a sufficient buffer. The houses will bw• .conotrwotmd now -- 'not -AO -20 years from • now' The•hoffwr should provide some screening now, to he falr to mo' For information un1yto install the 6 -foot galvanized fence, along that north Property line, from one. corner to the other', would cost approximately $500. That second row of 5 ovorUr0000, which will minimally. Vroyido a visual buffer for me, at $15; each. totals about $750. I would rather have that money spent on an appropriate fence, than useless trees, 'planted dOwn in a holo. Also that oloVw is so steep, that the trees will appear much shorter from 0y perspective, standing on my property. If -that second row of 5 tr000 is planted further down the oloVe,. I might be lucky to see the tops of them from my yard. I want it stated FOR• THE RECORD that the tree buffer is very unsatisfactory to me. As you recall, many of these items were verbally dioouooed with you over the phone -- but verbal ion^t tangible proof of aoythiny. That is why I wrote this letter, as written documentation, of the issues discussed, for the oit«^o records.. Sincerely, Susan :alooth P.S. In the 8/28/95 Council "minutes", page 2, Mayor Reinert had instructed you to worKwith the city ooyineer to inform the other property owners, living on the • north oidw of Holly Drive, booidomyooI[ -- with a letter telling them that they have a right to a fence buffer also. This action was necessary, because at a July 1995 meeting' with tho doveloVe| at my home, you had discouraged the other property owners from haviny an opportunity to receive a fence themselves. In recent conversations with them (as late as yesterday afternoon), they did not receive any.such letter yet. And when I had lookod through the "Trapper's Crossing" file, at the end of November 1995, there was no evidence of any "fencing" letters to these property owners in it either. 6y question in: "Why did my neighbors not receive any revised infn/matiVn on the .fence buffer yet° which you Were directed by Mayor Reinert himself, toaddwoo° almost 5 months ago?" In closing, I want it noted FOR THE RECORD, that Hokanoon Development has not yet corrected the steep slope and•erodod area right next to my barn -- this has been an on-going problem, since he initially excavated it,.back in July� 1995. This has all been diligently dooymontod with video tapes and photos.