Loading...
HomeMy WebLinkAbout02/13/1995 Council Minutes1 COUNCIL MEETING FEBRUARY 13, 1995 Staff members present: City Attorney, Bill Hawkins; Consulting Engineers, Steve Heth, SEH and John Powell, TKDA; Planning Coordinator, Mary Kay Wyland; Consulting Planner, Al Brixius; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. MINUTES DISPOSITION Council Work Session, January 4, 1995 Approved Council Work Session, January 18, 1995 Approved Regular Council Meeting, January 23, 1995 Approved REGULAR AGENDA OPEN MIKE No one appeared under open mike. CONSIDERATION OF DISBURSEMENTS January 31, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 1 1 COUNCIL MEETING FEBRUARY 13, 1995 Centennial Fire District - Council Member Neal moved to approved these disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. 20/20 VISION UPDATE - RIM SULLIVAN Ms. Sullivan explained that 20/20 Vision has been a success story to this point. She has talked to many City boards and committees to let them know that there have been 250 responses from residents to the community forums. This is a very good response. Over 100 residents have requested advisory committee applications and Ms. Sullivan expected to receive additional applications. Ms. Sullivan requested Council approval for the formation of a steering committee to assist her and to make sure that the process is kept "on track" and that the interpretations that she is makir)g'on the information that she is getting is correct. Ms. Sullivan explained that the schedule for the project is "on track". The advisory committees are expected to begin their assignments beginning in March and complete that process in May. A midway "summit" will be held with the community where all the different groups will talk and make sure that everything is tied together so that the "left hand will know what the right hand is doing". Another community forum will be held at the end of the project. Everyone will be invited to hear the results of each committee. The project will then be brought back to the City Council. Ms. Sullivan noted that she is receiving many comments and questions about why the City Council is not stopping development until the 20/20 Vision process is completed. Her response has been that the City Council has "actionable accuracy" now to continue some of the work that is in process. She explained that "actionable accuracy" means that the City Council knows what the community has said in generalities, that is, they want to make sure that the environment is kept in mind, and make sure that a balance is kept in the development. During the next few months while 20/20 Vision is being developed, it is important that the City not stop functioning. Ms. Sullivan asked that the City Council and the boards and committees keep in mind that the City will continue with the plan that is in place and there is no need to take a radical move away from the current process until the results of 20/20 Vision are known. She suggested that when the City Council and the boards and committees hear these types of questions, time should be taken to educate the citizens and let them know that there is a plan and show them the plan. Advisory group topics have been selected. There were many issues presented in the public forums that will not be addressed by PAGE 2 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 advisory groups. Issues such as safety, communication and responsive government will not be addressed by advisory groups. The safety issues are being addressed by the Community Service Officer. The newsletter has been changed to address the communication issue and Mr. Tesch and Ms. Sullivan have also discussed adding additional resources of communication. The groups that will be formed at this time will address the issue of environment. The citizens view Lino Lakes as a "green" community and the citizens want the City Council to be concerned with the environment and bring clean businesses into the City and stay environmentally conscience. This will be addressed throughout all the different advisory groups. The first advisory committee topic is economic development. There are three (3) subtopics: 1) growth plan for the City (may be similar to the Comprehensive Plan already in place, also may suggest some adjustments to that Plan and review zoning and open space concerns), 2), taxes and revenues will be reviewed by looking at the amount of taxes received from the citizens versus other sales and service revenues, 3) commercial development, looking at types of businesses that the citizens want to have in Lino Lakes and how the City might best attract these businesses. The "kick off" for the advisory committees will be held the week of March 5, 1995 and everyone who has expressed an interest in this forum is asked to plan to have Saturday morning free. Mr. Wessel will meet with all the economic development groups during the week and explain what resources are available to them such as the Comprehensive Plan, the City Charter and what type of guidelines the City is ruled by. On Saturday all the groups will board a bus to tour the City. Areas where development is scheduled will be visited, the MUSA areas will be outlined and group members will be given information so that they can make educated decisions as the 20/20 Vision project continues. Parks and Recreation is the second topic and the subtopics include recreation, community center and trails. The group working with the topic recreation will look at whether the City should have additional organized recreation opportunities. The community center group will look at a place for residents to gather where there can be recreation. The third subtopic is trails. Ms. Sullivan noted that the citizens have voiced the need for trails "loud and clear". This topic was probably the second most important concern expressed in the community forums. Although the City has a good plan for trails in place, the City needs to provide additional education to the citizens regarding the trail plan and what can be done to increase the size of the trail system. Maintaining the trails was also an issue. The PAGE 3 COUNCIL MEETING FEBRUARY 13, 1995 "kick off" for this group will also be the week of March 5, 1995. Mr. Asleson and Mr. Bernstein will talk to the group about what parks and the recreational opportunities are available. A speaker from Anoka County Parks may also be invited to this meeting. On Saturday afternoon, a bus will take this group to visit a couple of other cities (Shoreview and Chaska possibly) to look at what other cities provide for their citizens and to get an idea of the cost of facilities and programs. The third major topic is schools. A group of citizens will look at kindergarten through 12th grade and another group will look at community and continuing education. Ms. Sullivan explained that 20/20 Vision will be successful by keeping 20/20 Vision working once the recommendations are in place. The first step is to make sure that a steering committee who will continue throughout the year, to make sure that project recommendations stay on track. The second step is having a citizens academy each year. One Saturday each year the citizens will be invited to participate in a bus tour and find out what the plans are, how the City is following the recommendations that were made previously and have a sort of "renewal" or town meeting so that citizens can stay informed about the progress. Ms. Sullivan felt that the City Council has offered the opportunity to the citizens to feel a sense of community and the citizens are taking the Council up on this opportunity. There were no questions from the City Council. Ms. Sullivan will keep the City Council updated on the matter. CONSIDERATION OF RESOLUTION NO. 95 - 21 ACCEPTING A DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION TO THE LINO LAKES POLICE DEPARTMENT, CHIEF DAVID PECCHIA Chief Pecchia explained that the Centennial Fire Relief Association has donated over $1,000.00 to the Lino Lakes Police Department to be used for the Rice Lake Elementary School Patrol Program. The money will be used to replace the patrol equipment, purchase educational publications and for a patrol recognition day where the elementary patrol members will be taken to a roller skating rink for an afternoon of roller skating. Chief Pecchia recommended that the City Council adopt Resolution No. 95 - 21 thanking the Centennial Fire Relief Association for their generous donation. Council Member Elliott moved to adopt Resolution No. 95 - 21 and dispense with the reading. Council Member Neal seconded the PAGE 4 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 motion. Motion carried unanimously. CONSIDERATION OF SNOW AND ICE POLICY, RANDY SCHUMACHER Mr. Schumacher explained that staff has drafted a policy providing direction for snow and ice control. This policy was recommended by the League of Minnesota Cities for liability reasons. It has been reviewed by Ms. Ellen Longfellow, an attorney at the League of Minnesota Cities, and by the City Attorney. The draft policy has been reviewed by the City Council during a work session. The draft policy contains present policy regarding ice and snow control and is intended to provide guidelines for snow and ice control operations for streets under the City's jurisdiction. Staff is recommending that the draft policy be adopted by the City Council. Mayor Reinert noted that this area has received a number of ice and sleet storms this winter season and citizens have requested that salt/sand be available for them to pick up for use on their driveways. A salt/sand pickup site at City hall is available to residents. Council Member Elliott moved to adopt the Snow and Ice Policy. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING REPORT, MARY KAY WYLAND Consideration of FIRST READING of Ordinance No. 01 - 95, Rezone Clearwater Creek - Mr. Brixius addressed this item. Mr. Brixius explained that he will address the rezone request and the preliminary plat review. Mr. Powell will address the engineering aspects of the preliminary plat and engineer for the developer, Larry Olson will address specific changes and the phasing elements of the plan. Mr. Brixius explained that Gor-em L. L., Corporation has requested a rezone from Rural to Single Family Residential (R-1) and a preliminary plat approval for a site containing 153 single family lots on a 121 acre parcel. The request for a 153 single family lot subdivision is a change from the proposal reviewed by the Planning and Zoning Board. The changes were made to respond to specific staff issues that were made during the preliminary plat review. The area to be platted is south of Cedar Street and east of Otter Lake Road. Mr. Brixius used the overhead projector and displayed a map of PAGE 5 127 COUNCIL MEETING FEBRUARY 13, 1995 the site to be rezoned. He explained that he will address the rezone request first. Mr. Brixius explained that when considering any rezoning request it is reviewed to determine if it is consistent with the Comprehensive Plan, its compatibility with adjacent land uses, it has the capability of meeting all performance requirements of all the zoning and subdivision codes, if it can be served by existing public services and the traffic generation of the proposed use and the capabilities of the streets that serve the subdivision. The site is located within the revised 1990 MUSA. A land use map was also approved by the City Council in 1990 in conjunction with the revised MUSA map and was also approved by the Metropolitan Council. The developer has also prepared a concept map including areas outside of the current proposed subdivision. The concept plan includes development both north of Cedar Street and as well as south of the proposed subdivision area to show a larger network of streets and lot arrangements. Land Use Capabilities. Mr. Brixius posted another map to show the modifications of the preliminary plat that is being considered by the City Council tonight and what was originally submitted in November, 1994. The land use is residential which is consistent with the surrounding land use. The surrounding land use is large residential lots with commercial and industrial areas to the north of the proposed subdivision. Public Services. The area is in the MUSA. Past discussions with regard to defending the City's position on the Centerville annexation was that the City had the capability of providing services in this area and this becomes a critical matter with regard to MUSA and with the ability of the City to provide utilities to this subdivision and to lands around the I35E interchange. The City Engineer has determined that only a large subdivision such as is being proposed has a capability for a developer installed extension of utility services. Providing municipal water to this subdivision will offer the opportunity to extend this service north to the interchange area. This concept has been endorsed by the Economic Development Authority Advisory Board (EDAAB). The 121 acre proposed subdivision consists of several parcels of land owned by several different landowners. Traffic Generation. - SEH has prepared a review of traffic and Mr. Powell will review this matter in greater detail. Otter Lake Road (CSAH 84) will provide the main access to the subdivision. Performance Standards. The lots and blocks meet all R-1 standards above wetland areas. The density is 2.9 units or less per acre which is in the R-1 density standard. All lots conform with lot PAGE 6 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 width standards. The November preliminary plat contained lots that had lot depths and double frontage lots which were deficient. The situation has been corrected in the preliminary plat under consideration by the City Council. A number of double frontage lots are included in the current proposed plat and where these lots abut streets a detailed landscaping plan will be required which shows some type of screening of rear lot areas and side yards. Set Backs. All lots have sufficient areas to meet R-1 setback standards. Streets. Generally, the proposed street layout is consistent with that illustrated upon the previously submitted sketch plan and offers a positive circulation pattern. A number of concerns regarding streets were raised by staff. Streets A and E end in a long dead end street. Street A has a loop pattern to the west, however, Street E has a potential problem if development to the south does not occur. To address the concern, staff has asked that this be one of the final phases of development and if land to the south does not develop a loop street arrangement be made to internalize all traffic to avoid long dead end streets. At the end of Street A, the need for a temporary cul-de-sac does exist as platted now and potentially in the future. All street widths meet the 60 foot requirement and access is via Otter Lake Road. An Anoka County permit will be required for any plat receiving access via a county street. Park Dedication. Per the City's Park Dedication Ordinance, the applicant is required to dedicate 10 percent of the land or cash in lieu of land dedication. The applicant has responded to the Park Boards request for both parks and trails area within the plat. Wetlands. The wetlands have been delineated and have been reviewed by the Rice Creek Watershed Board as being accurate. Any approval of the grading and draining plan is subject to the review of the City Engineer and the Rice Creek Watershed Board. Phasing Plan. The applicant is proposing to develop in phases. Mr. Olson will describe this aspect of the plat. The Planning and Zoning Board reviewed the preliminary plat and voted to deny the plat. The concerns included transportation, traffic and the ability of the streets to accommodate the development. The Board also raised questions about the accuracy of the wetland delineations. These issues can be addressed more directly. PAGE 7 1 1 COUNCIL MEETING FEBRUARY 13, 1995 Mr. Brixius said that staff recommendation is for approval of the rezone request and the preliminary plat. Mr. Powell explained that since the Planning and Zoning Board reviewed the preliminary plat in November, additional staff review has been completed. He presented an update on the issues raised by the Planning and Zoning Board. Drainage. A hydrological study funded jointly by the City of Hugo and the City of Lino Lakes for this area has been completed the Hugo City Engineer, OSM. The preliminary findings of this study were discussed in detail at a joint meeting between the two (2) cities on February 1, 1995. The preliminary findings as discussed at this joint meeting indicated no unusual drainage concerns regarding the subdivision. The developer will have to comply with all Rice Creek Watershed District surface water management plan requirements. Wetlands. The wetlands have been reviewed by the Rice Creek Watershed District and they agree with the determinations made in the field by the developer's delineator. Traffic. A study of the sketch plan of the proposed subdivision was completed in August, 1994. The study indicated that a five (5) phase development of which this preliminary plat incorporates the first two (2) phases would not create significant traffic volumes. An expanded traffic study was prepared recently which was more detailed. The developer has shifted the proposed Otter Lake Road access to a point with more acceptable sight lines. Mr. Powell showed this on the overhead projector. He noted that the change has been reviewed by the Anoka County Highway Department and they have no objections to this change. Streets. The future phase of the subdivision shows an east/west road generally aligned with 134th Street at Elmcrest Avenue (24th Avenue). Hugo's draft transportation study indicates 134th Street as a major east/west thoroughfare. This is a concern because traffic would continue westerly through the proposed subdivision. Staff would encourage this traffic to use Elmcrest Avenue rather than continue through a residential area. Hugo representatives were made aware of this concern during the joint Council meeting. Sanitary Sewer. The 1990 Comprehensive Sewer Plan for Lino Lakes that was approved by the Metropolitan Council, allows for the City to connect directly to the Metropolitan Council Waste Water Service forcemain located on Cedar Street located on the north end of the proposed subdivision. A lift station would be constructed as part of the subdivision which is consistent with PAGE 8 1 1 COUNCIL MEETING FEBRUARY 13, 1995 preliminary utility planning review. Municipal Water System. The preliminary utility review indicated that a well with a tank would provide service to the first two (2) phases of the subdivision. The City would have to consider installation of some type of storage to provide fire flow for further phases. The preliminary report for the well was completed in January, 1995. Its findings and cost estimate for the well and pump house are consistent with the estimates presented by staff last fall. The City Council received this report at an earlier meeting but did not set a public hearing pending action on this proposed plat. Financing. The estimated trunk sanitary sewer and watermain assessments generated by the proposed subdivision are adequate to offset the cost of the trunk improvements required for serving the subdivision. The trunk improvements include over sizing the watermain, installation of a lift station and installation of the well to serve the area and future phases. The additional engineering information received supports the previous recommendation to approve the rezone and preliminary plat. Mr. Powell presented a map of Area /3 development reviewed last fall and recapped the information provided at that meeting. In the preliminary utility planning report, the I35E interchange was split into three (3) development areas. The proposed subdivision falls in development Area /3. The previous report indicated that there is an existing forcemain on Cedar Street which connects the Centerville lift station with the Forest Lake Interceptor. There is capacity in the forcemain as indicated in the Lino Lakes Comprehensive Plan for connections for the proposed subdivision. The further extension of sanitary sewer would involve construction of a lift station and gravity flow to the lift station with forcemain connection to Cedar Street. The watermain would consist of a well (a feasibility report for the well has already been prepared) located somewhere near the north edge of the subdivision. A 12 inch trunk watermain would be extended through the subdivision for future extension to the south and would be looped for circulation purposes within the first two (2) phases. The proposed subdivision is consistent with the watermain considerations from the preliminary report. The proposed subdivision shows a north/south roadway generally passing through the middle of the proposed subdivision. The street would continue south with the development of future phases. In the interim, staff recommended looping the street or temporary cul-de-sacs. There is good circulation in this area PAGE 9 131 COUNCIL MEETING FEBRUARY 13, 1995 and a permit for connection to Otter Lake Road would be required from the County. Mr. Powell asked that Mr. Olson address the phasing proposal for the subdivision. Mr. Olson explained that the proposal is for construction of the subdivision in two (2) phases, the first phase would be the northerly area and he outlined the area on the overhead projected map. The first phase contains 85 lots. Phase two (2) would be the remainder of the area and contain 68 lots. The developer has agreed to place the lots on the south plat line in phase #2 on hold to provide the connection or looping until some future date when the streets could be extended. Mr. Olson addressed some of the changes that were made to accommodate concerns expressed in November. The entrance to Otter Lake Road was moved as outlined by Mr. Brixius. In the southeast corner of the proposed subdivision, the configuration of a lot was changed slightly to provide access to more upland area for the park. The last change was the removal of one (1) lot from Street C. This lot fell into some existing wetlands and therefore was removed. The removal of this lot will reduce the amount of wetland fill required in this area. Mr. Powell explained that action on the preliminary plat by the City Council was delayed until preliminary findings from the joint Clearwater Creek Drainage Study were available to determine the drainage impact. The preliminary findings were discussed in detail at the joint Council meeting. The City of Hugo's engineer did not see that this proposed development would generate any unusual water run-off. The developer will be required to meet all existing Rice Creek Watershed District and City requirements. Council Member Bergeson asked what are the exact number of lots proposed for this subdivision. He noted that several different numbers appear in different reports. Mr. Powell explained 153. Council Member Bergeson explained that he had heard 400 earlier and wondered where that number came from. Mr. Powell explained 400 is an overall number that could be developed in future phases. He noted that the traffic study prepared by SEH took into consideration all phases of possible development and referenced to 400 lots. Council Member Bergeson noted that in earlier drawings, there were several lots that were substandard relative to size. The map in the Council packet included a lot that did not meet the requirements of a corner lot. Mr. Powell explained that this has been changed and all lots meet all standards for R-1 development. Council Member Bergeson asked where are the accesses for the two (2) park parcels. Mr. Olson used the map on the poster board and explained the access to the PAGE 10 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 parks and the trail systems. Anoka County Highway Department noted the location of the parks and requested that there be no direct access to the park from Otter Lake Road. Mr. Powell explained that a park will be located on the northwest corner of Cedar Street and Elmcrest Avenue (24th Avenue) as part of a future phase. This park will be a larger neighborhood park. The Park Board has reviewed the park requirements for this subdivision. Council Member Neal asked how many phases would be developed. Mr. Powell said at least five (5) phases. Council Member Neal asked what year is projected for completion of the total improvement. Mr. Powell said it would be difficult to predict the completion of the total project, however, the developer is estimating the final phase of the concept will be completed in the year 2000. Council Member Neal noted that the sewer and water utility service would be supplied by the City of Lino Lakes at the developers expense and asked where the electricity and gas service would come from. Mr. Powell said the gas and electricity services have not been reviewed at this point. Mr. Tony Emmerich, the developer of Clearwater Creek explained that both Minnegasco and Northern States Power have contacted him asking to serve the development with gas service. No decision has been made on this matter. The electrical service will come from Anoka Electric Cooperative. Council Member Kuether referred to the Planning and Zoning Board rejection of the preliminary plat. She asked Mr. Brixius to address the issues raised by the Planning and Zoning Board and state whether the issues have been resolved. Mr. Brixius explained that traffic generation was a major concern and the SEH engineer will deal with that concern. The Planning and Zoning Board found that the proposed development was consistent with the Comprehensive Plan. There were multiple opinions regarding whether the proposed development was compatible with existing and future land uses and they did not agree with the wetland delineation prepared by the developers wetland professional delineator. The City relies on the developer's professional delineator to do the wetlands delineations and these are verified by Rice Creek Watershed District. A letter from Rice Creek Watershed District is included in the Council packet. Planning and Zoning Board member, Mr. Mesich stated that he did not believe that the City capacity would be a problem unless the phasing is too great and the burden will be on the City Building Inspectors. He also stated there would be the continuing burden on the school system and existing school facilities. Mr. Brixius explained that staff has a letter from the White Bear School Superintendent who claims that they do not look at stoppage of growth as a way of controlling school district problems. The PAGE 11 17, COUNCIL MEETING FEBRUARY 13, 1995 City relies on the school district's information. Mr. Tom Sohrweide, SEH explained that the first traffic issue presented by the Planning and Zoning Board is that Otter Lake Road, in its present condition and size, cannot handle the traffic that would come out of this development. He explained that the study was completed taking into consideration all five (5) phases of the total development of approximately 400 to 450 lots. Mr. Sohrweide explained that the current two (2) lane roadway is sufficient in capacity and carrying capability to handle the traffic this development would generate. In addition, this development would not cause any changes in intersection control at either end of Otter Lake Road. This situation will change when retail/commercial development occurs at I35E and Main Street (CSAH 14). Mr. Sohrweide noted that the Planning and Zoning Board expressed a concern about pedestrian and bicycle traffic. This concern was not addressed in the SEH traffic study. Mr. Powell explained that the latest plat map incorporates a trail east of Otter Lake Road from the park area to the south boundary of the plat. Mr. Sohrweide explained that the traffic volume that this subdivision would generate during the peak hour would be to the south destined for County Road J. There would be approximately 100 vehicles leaving the subdivision during the P.M. peak hour and about 200 coming from that direction going to the subdivision. To the north it is projected that there would be about 50 vehicles leaving the subdivision and about 110 coming to the subdivision. Another concern was that the study was completed with the entire development in mind and the flow through the development could pose problems with the circulation of traffic if only the first two (2) phases were completed. This has been addressed by the changes made by the developer and outlined by Mr. Johnson. Mr. Sohrweide explained that the Planning and Zoning Board asked how much traffic would be generated by the theater complex which is under construction on County Road J and I35E. He noted that his firm reviewed the traffic study that was completed for White Bear Township for the theater complex site. The study projected that the traffic generated by the theaters during the peak P.M. traffic period would be about 10% to and from a combination of the 20th Avenue and Otter Lake Road to the north. This amounts to about six (6) cars during the P.M. peak period coming off of Otter Lake Road destined for the theater site and six (6) cars coming off of 20th Avenue and three (3) during the peak hour returning in those directions. During the traffic peak hour when roadway capacity/space is at a premium, the theater impact appears to be very little. Mr. Powell summarized by stating that the impact of the theater traffic will be to the south on I35E and Centerville Road. This was taken into consideration in PAGE 12 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 evaluating the subdivision. The capacity of Otter Lake Road from a traffic standpoint is adequate at this time and ultimately with the total completion of all phases of the Clearwater Creek development. The structural capacity of Otter Lake Road was a concern of the Planning and Zoning Board. Mr. Powell explained that this is a maintenance issue with Anoka County. He said that Otter Lake Road is no more distressed than any other roadway in the area. In discussions with Anoka County Highway Department, no concerns were expressed by the Highway Department and they do not have reconstruction of the road in their five (5) year plan. Mr. Powell suggested that discussions be held with the Highway Department to make that a City MSA road. Mr. Powell felt all specific questions raised by the Planning and Zoning Board decision have been answered. Council Member Bergeson referred to the joint meeting with the City of Hugo and the review of the Clearwater Creek Drainage Study. He understood that the run-off from proposed subdivision could be handled by Tart Lake if the culvert under Cedar Street is cleaned and maintained. If the project is approved, who is responsible for cleaning the culvert and maintaining it. Mr. Powell explained that the City would consider this a district wide maintenance issue and approach the Rice Creek Watershed District and ask them to handle the matter. If the Rice Creek Watershed District does not have immediate plans to address the matter, the City would make cleaning the ditch a consideration as part of the storm sewer system plan for the subdivision. The City will also collect drainage charges from the subdivision which go the Surface Water Management Fund. This Fund can pay for the cleaning of the culvert. Council Member Bergeson noted that in the Council packets there were questions about compatibility of uses on adjacent properties. Property owners to the south and east of the proposed subdivision have horses. Council Member Bergeson noted a similar development where the developer was required to disclose proximity to the Lino Air Park and its activities, and asked if the City Council could require that the developer disclose to new buyers that this is still partially a rural area and adjacent landowners do have horses. Mr. Powell explained that this has been done in the past and asked Mr. Brixius if it is appropriate for this area. Mr. Brixius explained that from a marketing strategy, he felt that Mr. Emmerich would be willing to explain who the neighbors are and what adjacent land uses are. He felt this would be an appropriate requirement of the preliminary plat. Council Member Bergeson said he understood that the preliminary plat is just two (2) phases of a possible five (5) phase PAGE 13 13 1 COUNCIL MEETING FEBRUARY 13, 1995 development. He also said he understood that the developer does not own any other parcel adjacent to the current preliminary plat. Mr. Emmerich explained that he does have a purchase agreement on four (4) parcels south of this preliminary plat. He noted the location of the four (4) parcels and explained that these parcels are not directly connected to the preliminary plat. There is a 20 acre parcel owned by Jay Caine separating the preliminary plat from the other four (4) parcels. Council Member Bergeson noted that whether the entire 400 plus homes ever develop depends on the willingness of some property owners adjacent to the preliminary plat to be involved. In the southeast corner there are a number of property owners. Mr. Powell explained that the cost of the trunk utilities was based on only the preliminary plat that is before the City Council and not the entire 400+ home proposal. The first two (2) phases would pay for the well and the lift station and payment of these facilities does not depend on whether the development continues to the south and east. Council Member Elliott asked if there is a time table for the development. Mr. Powell explained that the critical element is how soon the well and pump house could be constructed. It is estimated that these utilities could be on line by September, 1995 and this is probably the same time line that the developer is considering for marketing some of the first homes. Mayor Reinert asked how many lots are available for construction at this time. He noted that in the case of Trappers Crossing, the City Council had asked for participation by the developer in the upgrading of the street that will be impacted by the development. Mayor Reinert asked why this developer was not asked to participate in the upgrading of the street impacted by the subdivision. Mr. Powell noted the difference in this case is that Otter Lake Road is a county road. The developer is responsible for the cost of the construction of the roadway through the main portion of the subdivision which will be a MSA roadway. MSA funds will be used to finance the additional cost of the street. Mayor Reinert asked why the developer of Trappers Crossing was required to participate in the cost of upgrading Holly Drive. Mr. Powell explained that this roadway is not a County road and lacks shoulders and would have to be upgraded to appropriately handle the traffic generated from the Trappers Crossing subdivision. He noted that if total concept of Clearwater Creek was constructed with 400+ homes, Otter Lake Road could still handle the additional traffic generated by the subdivision. Mayor Reinert asked Mr. Sohrweide if he felt that even in the event that the entire development was completed with 400+ homes, PAGE 14 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 Otter Lake Road would accommodate the additional traffic. Mr. Sohrweide said yes, he is confident of his original statement in this matter. Mr. Powell said that if any upgrading is contemplated for Otter Lake Road, it would be the addition of turn lanes where the traffic from the subdivision comes onto Otter Lake Road. There is a long range consideration of rerouting Otter Lake Road if commercial development to the north at the I35E intersection begins. In addition, the City of Hugo is looking at upgrading Elmcrest Avenue (24th Avenue) in the near future. If this happens, traffic from future phases of the development could possibly use 24th Avenue. Mayor Reinert noted that SEH is currently studying the Otter Lake Road corridor to offer recommendation for future street improvement and future connection to CSAH 14 (Main Street). This study is anticipated to be completed by October, 1995. Mr. Powell explained that SEH completed a study of business and general industrial development along CSAH 14 (Main Street). This study will recommend that when commercial development begins at the I35E/CSAH 14 intersection, Otter Lake Road should be shifted away from the freeway. A sketch concept review was completed last August as well as the actual traffic study assuming ultimate build -out of future development areas including the light industrial/general business areas at the I35E/CSAR intersection. Mayor Reinert asked if the density will be affected by reduction of lots in the proposed subdivision. Mr. Powell explained the density will be slightly less. Mayor Reinert asked about the sentence which states, "we would recommend the City continue the preliminary plat public hearing to allow the Clearwater Creek Basin Study to be completed in order to properly evaluate the storm drainage aspect. Mr. Powell explained that this is obsolete information and the study has been completed and reviewed at the joint Lino Lakes, Hugo Council meeting. Mayor Reinert asked again if staff could tell him the number of lots in the City available for construction at this time. Ms. Wyland explained that as of December 31, 1994, there were 241 lots existing platted lots. Two (2) possible subdivisions may be available this construction season, Trappers Crossing, Phase I with a maximum of approximately 28 lots and Behm's Century Farms with approximately 25 lots in the first phase. If Clearwater Creek, Phase I becomes available with 85 lots, the total lot inventory would be approximately 380 lots. Mr. Powell noted that many of the lots would not be available until late fall of this year since neither Trapper's Crossing and Behm's Century Farms has not been final platted. It was noted that the platted lots available for construction at the beginning of this building PAGE 15 COUNCIL MEETING FEBRUARY 13, 1995 season are scattered throughout the City. Mayor Reinert asked Mr. Hawkins as the new subdivisions are approved and there are specific lots made available for a given phase, is it possible for a City to put a cap the number of homes that can be constructed in a given year and require that the developer adhere to the cap level in order to accommodate planning for schools and the City to get a "leveling off effect" as we move into the future. Mr. Hawkins said he felt that this is possible as long as there is documentation to support the level (cap) placed on construction by the City. The City Council must provide documentation to support the cap on construction and explain why they feel this level of construction in the City is important. (i.e. document the services needed and the ability to pay for the services.) Mayor Reinert felt that this needs to be looked at and discussed. He explained that he did not want a repeat of the construction season that had more than 400 new homes being constructed in Lino Lakes. He asked for a "leveling off" effect so that the City, the residents and the school districts know what to expect. Mayor Reinert explained that the citizens must accept the fact that the City is going to develop and that there will be additional homes and some commercial development. He noted that the citizens through the 20/20 Vision forms are asking that the development be controlled and guided in a proper manner. Mayor Reinert said that before he votes on the final plat, he would like to see a recommendation from staff as to the number of building permits that should be issued each year by the City. He asked that the number of building permits issued each year be based on the ability of the staff to properly respond to the work load created by that number of building permit. Ms. Wyland noted that only 241 lots are available now and the new subdivisions mentioned may not be available until the end of this construction season. Mr. Powell asked for a clarification from the City Attorney and said he is assuming that staff would have to demonstrate that a lot inventory over a certain level would place an undo burden on existing City services and/or City utilities. He noted that the three (3) subdivision that were mentioned (Trapper's Crossing, Behm's Century Farms and Clearwater Creek) depend on a number of things falling into place and he was not overly optimistic that lots in the first phases of these subdivisions would be available for construction this fall. Council Member Bergeson moved to approve the FIRST READING of Ordinance No. 01 - 95 Rezoning Clearwater Creek from Rural to R- 1. Council Member Kuether seconded the motion. On a roll call vote, all members voted aye. Motion carried unanimously. Preliminary Plat, Clearwater Creek - Council Member Kuether moved PAGE 16 1 1 1 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 to approve the preliminary plat. Council Member Bergeson seconded the motion. Mr. Brixius asked that the approval be subject to the conditions in staff reports, 1 - 12, as outlined on the February 9, 1995 "green sheet" and based upon the revised plat containing 15 lots. Council Member Bergeson asked that Mr. Brixius' comments be included in his second of the motion and Council Member Kuether asked that this be included in her motion. Council Member Bergeson asked that two (2) other requirements be added in the above motion. The first requirement is that the developer disclose uses on the adjacent properties so that new lot purchasers are aware of the activities that are happening on adjacent properties. The second requirement is that the City Staff clarify the question of the culvert in the drainage from Tart Lake. Who is responsible for cleaning the culvert and when will it be cleaned. Council Member Kuether made these two (2) requirements a part of her motion and Council Member Bergeson included these requirements as part of his second to the motion. Mayor Reinert asked that the City Attorney and other staff, prepare a proposal that addresses the "cap" issue previously outlined by him and determine the number of new homes that will be allowed to be constructed in Lino Lakes each year. Mayor Reinert requested that this issue be made part of the motion and the second to the motion for preliminary plat approval. Council Member Kuether included this requirement in her motion. Council Member Bergeson also included this requirement in his second to the motion. Mr. Hawkins asked if in the motion, a "cap" is being placed on the number of homes in the plat that can be constructed each year or are you asking the staff to prepare a recommendation or format to implement a "cap" on the number of new homes that can be constructed in Lino Lakes each year. Mayor Reinert said that he is requesting staff to prepare a recommendation to implement a "cap" on the number of new homes that can be constructed in Lino Lakes each year and this will affect not only this plat but all areas of Lino Lakes. Mr. Hawkins said that this may difficult to implement in existing subdivisions because the lot owners already have property rights because new streets and services are already in and available for use. He said that the City could not restrict existing platted subdivisions. Mr. Brixius asked Mayor Reinert if this restriction should be tied to the Clearwater Creek subdivision or made a separate motion. Mr. Hawkins asked Mayor Reinert if he wanted the Clearwater Creek subdivision included in a "cap", and if so, the developer should be made aware of this requirement before the preliminary plat is approved. Mayor Reinert noted that phasing has been made a part of plat approval for the last couple of subdivisions. He asked PAGE 17 1 1 COUNCIL MEETING FEBRUARY 13, 1995 that phasing be identified, what does it mean and what numbers are being identified. Mayor Reinert asked that his requirement regarding identifying a "cap" on new home construction be deleted from the motion and the second on the floor. Council Member Kuether and Council Member Bergeson agreed. Council Member Bergeson noted that there are some people in the audience that were told that they could speak about the Clearwater Creek subdivision. He asked to hear their concerns before a vote is taken on the motion. Jay Caine, 6584 Otter Lake Road - Mr. Caine explained that he was told by staff that he would have an opportunity to presentation regarding this development. He said he was not sure where the matter stands because this is not the forum that he understood would be available to the citizens. Mayor Reinert noted that there was a hearing held at the Planning and Zoning Board. Mr. Caine said that he was told by staff that the citizens would have the opportunity to present their points regarding this development and the rezoning request. He asked that since the City Council has already voted on the rezoning matter, were the citizens mislead by staff or was this incorrect information. Mayor Reinert noted again that the public hearing was held. Mr. Caine said that was a long time ago and this was a different development at that time. Mayor Reinert asked Mr. Caine to make his point. Mr. Caine said he was very emotional about this matter as well as frustrated. He explained that his property is adjacent to the proposed subdivision to the south and he has a lot of concerns concerning the development. His concerns are on a general basis, personal basis as it relates to his neighbors and on technical issues. He said he is dumbfounded that the City is still considering an "island of homes" out in the middle of nowhere. Mr. Caine felt that development should grow out of an existing development and this development will cost a great amount of money. This is going to increase the cost of development, add infrastructure, and increase the cost to serve this area. Mr. Caine asked who is going to pay these costs and answered by saying the citizens of Lino Lakes and other related entities. He said obviously the citizens cannot handle anymore taxes. He said he thought about a way to address his general concern and thought about Mr. Spock in the old Star Trek TV show, this is not logical. Mr. Caine said that personally he has mixed feelings. He has turned down "aggressive" offers for his farm. However, he prefers to stay in Lino Lakes. Mr. Caine said that this development is not compatible with the present use in this area. PAGE 18 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 He felt that approval of the Clearwater Creek subdivision means that it would no longer be possible for the property owners to keep their horses as they currently do. Mr. Caine said that approval of the subdivision is telling the adjacent property owners that they have to change their life styles. Mr. Caine said his third area of concern is the neighbors. The property owners to the northeast of the proposed subdivision are the Cunninghams. Their horse pasture was once called Tart Lake. He said he attended the joint Lino Lakes/Hugo Council meeting and listened to the discussion about the study regarding storm drainage and it will impact that property owner. The water levels in Tart Lake will at times be higher than in the past. That will take away the Cunningham's horse pasture and Mr. Caine said that was not right. He said this is a farm area, not a town. Mr. Caine said he did not think that the City Council had a right to change how he and his neighbors live on their own land. He felt that the Council would be doing this by approving this subdivision. Mr. Caine said his fourth concern is about technical issues. He said he wanted to present better information about all the issues raised by the Planning and Zoning Board. This first issue was that this use is consistent with the Comprehensive Plan. He agreed that the proposed subdivision is consistent but felt that this is not what the residents of the area had in mind and know that is not what they intended. Unfortunately they did not participate in the preparation of the Comprehensive Plan. Mr. Caine said the second point is that the development be compatible with the present and future land use. He noted that at the present time there is no R-1 zoning anywhere near this development. Four hundred homes are not compatible with horse farms and an open park -like environment. The third point is conformance to zoning ordinances. The Planning and Zoning Board, in discussions with landowners, looked at where wetlands were identified and where they were not identified and had very great concerns regarding the wetland delineations prepared by the developer. This is still a concern. The fourth point is whether or not this property can be accommodated by existing services. There was extensive discussion at the Planning and Zoning Board regarding the schools especially the White Bear School District. This development will add up to 800 children to the White Bear School District and they cannot support the children they already have in the district. Once again the tax payers will pick up the tab. Another concern of the Planning and Zoning Board was sewer service. He noted that if the eight (8) inch sewer pipe on Cedar Street was not there, this discussion would not take place. The force main was installed in the late 1970's and was intended to PAGE 19 14 COUNCIL MEETING FEBRUARY 13, 1995 be an interim facility until 1990 when the City of Lino Lakes or the City of Centerville would deal with the issue properly. Mr. Caine said there is documentation to support this statement. The capacity in the Forest Lake interceptor into which this force main empties is for the use of Hugo and Forest Lake. Mr. Caine said he would not be surprised if either City contests the proposed usage of the force main by the City of Lino Lakes. The eight (8) inch force main has ruptured three (3) times in the last five (5) years. At one point it dumped raw sewage into Clearwater Creek for two (2) days before it was discovered. Mr. Caine asked if it is wise to add additional flow to an already overloaded out of date system? This system was intended to be an interim fix and not intended to support added development. Mr. Caine said he had documentation to prove this statement. Another concern of the Planning and Zoning Board was municipal water for the development. He noted that staff has talked about the cost of the water system being paid for by the developer. However, at the Planning and Zoning hearings and alluded to tonight, a water tower will be necessary before this development is completed. Mr. Caine said according to his memory, when 70 homes are completed, the water tower would be necessary. He noted that he could be wrong about the numbers but was sure that a water tower would be necessary before all 400+ homes are completed. The result is a new water tower that will not be paid for by the developer and will be paid for by the current tax payers of Lino Lakes. Mr. Caine said that within visual sight of this property, the City of Hugo has a water tower and this system is only 5% utilized. He said he did not agree with any of the proposal but asked why would a separate water system be put in for this development. The last and most significant concern that Mr. Caine had regarding technical issues concerned traffic on Otter Lake Road. He has discussed Otter Lake Road with Jean Pemble of the Anoka County Highway Department. This road is currently not to standard and is in poor condition and is built to be a country road. Ms. Pemble explained that it is a 28 foot roadway and should be a 40 foot roadway to provide for the current traffic level. Mr. Caine asked how the City could add another 400+ more homes that would use the road. The current traffic flow is 2750 trips per day and projects to go to 4000 trips per day by SEH. That projection did not take into consideration the new theater currently under construction south of County Road J, between I35E and Centerville Road. Mr. Caine said that he has heard "unprofessional numbers" indicating that the traffic could increase on Otter Lake Road to 7000 trips per day when the theater is done. PAGE 20 1 1 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 Mr. Caine said that the roadway has no pedestrian provisions. It currently is a problem. There is no shoulder and no place for pedestrian traffic. Mr. Caine also noted that there are only a couple hundred feet of visibility from the revised access onto Otter Lake Road from the proposed subdivision. A dangerous situation is being created and Mr. Caine could not imagine why the Anoka County Highway Department would approve the location of the access. He felt that somebody would get killed. Mr. Caine showed several overlays of Otter Lake Road on the overhead projector. The overlays showed the condition of the road. One overlay showed a dip in the road next to the bridge that crosses Clearwater Creek. He noted that this is a typical situation with this road. Another picture showed a sign that says "scattered bumps" which Mr. Caine felt was humorous. He also noted that two (2) weeks ago Anoka County was patching the roadway because it was almost impassible and dangerous. A picture of barricades was shown on the overhead projector. He showed another sign that says "watch for peds". Mr. Caine said that his point is that the road is a disaster, it is presently very dangerous and if 400+ homes are added, the roadway will have to be totally rebuilt and he felt that the taxpayers would have to pay for the reconstruction. Mr. Caine said that the City did not need any more taxes. Mr. Caine gave the Planning and Zoning Board a "thumbs up" sign for raising the above five (5) concerns and felt that they should be commended for their action and the City Council should be supporting their action in responding to the concerns of the citizens. Mr. Caine said that if the City Council is going to act on this tonight and not have another hearing, they should have been at the Planning and Zoning Board public hearing. Mr. Caine said that at this time and in its present form, the proposed subdivision does not work. The City Council was elected to act in the best interest of the residents and the voters of Lino Lakes. Mr. Caine said that as planned and timed, this proposal represents huge costs to both the residents of Hugo and Lino Lakes. The City Council has an obligation to not incur these costs. He commented that he has talked to some Council members and staff, attended the joint Council meetings and lot of the aspects of this development would be much less of an issue if the City of Lino Lakes were working with the City of Hugo to develop this area. Mr. Caine said in closing, which appears too late because it appears that the City Council will approve the subdivision, he urged the City Council to deny the preliminary plat request and the request for rezoning. PAGE 21 143 COUNCIL MEETING FEBRUARY 13, 1995 Mayor Reinert asked Mr. Caine if he remembered the Comprehensive Plan amendment meeting held by this Council on July 24, 1989. Mr. Caine said no. Mayor Reinert noted that Mr. Caine was at this meeting and read a portion of the minutes from the meeting in which Mr. Caine told Mr. Miller (former City Planner) that all the landowners in his area were in favor of bringing sewer and water service to their property. Mr. Caine said that he had discussed these minutes with Ms. Wyland this afternoon. He explained that this statement is either misquoted or taken out of context. Mr. Caine said the landowners who want to develop their land do want sewer and water services but the people who live there do not want these services. He said he has not been in favor of development of this area and does not anticipate being in favor in the future. Mayor Reinert wanted it to be known that Mr. Caine's current statements are in conflict with the statements he made in 1989. Mr. Powell asked to address the technical issues raised by Mr. Caine. Mr. Powell had in his hand a written review of Clearwater Creek completed by Anoka County and dated February 8, 1995. The review was done by Jane Pemble, Traffic Engineer for Anoka County. This review does not mention reconstruction of Otter Lake Road. The review concerns additional right-of-way which would be required for future reconstruction and calculations regarding drainage, a permit for the roadway connection and noise requirements for the residential area adjacent to the roadway. Mr. Powell explained that the 10 inch sewer forcemain was in stalled in 1976. The City of Lino Lakes processed a comprehensive sewer plan in 1990 which was approved by the Metropolitan Council. This plan assumed that Lino Lakes would have 80 connections all using this forcemain. To date no connections have been made. Mr. Powell explained that staff has estimated that the first two (2) phases of Clearwater Creek or something under 200 lots can be constructed without the need of a water tank. Although Mr. Caine alluded to 70 homes, something between 150 and 200 homes is more reasonable. SEH has prepared a well study for this area and has also estimated these same figures. If a tank would be required, it would be paid by a revenue fund which is supported by the water users and not the general tax payers. The utility costs for the subdivision are trunk utility costs which again are paid by the users of the system into an area and unit charge fund. No general tax dollars are used for these improvements. The construction costs for the lift station and well also come from the area and unit charge fund which is generated by the first two (2) phases of the proposed subdivision. Mr. Powell stressed that these utility systems are not paid by the general tax payer but PAGE 22 1 1 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 are paid by the sewer and water system users. pay for the utility system as required by the Mr. Powell explained that the access to Otter up the road and not down the road. This will sight distance. The utility users City Charter. Lake Road was moved provide better Mayor Reinert asked Mr. Caine to provide sources of the information he presented this evening so that staff can compare and resolve the inconsistencies. Mr. Caine will provide this information to staff. Mayor Reinert noted that the City Charter does not allow the City to extended utility services funded by the general tax dollars. Mr. Caine said that the residents of the City already on the utility system will help pay for the water tank that will be constructed for this subdivision. He felt that utility rates would increase if the water tank is constructed. Mayor Reinert said that this is not true and explained that generally the more users there are in a utility system, the lower the rates become. Council Member Neal noted that this subdivision will be served by Anoka Electric Cooperative. He asked if every home served by Anoka Electic would have a rate increase because this new subdivision is being constructed. Mr. Caine said no, Anoka Electric has a large base. Mayor Reinert said that is what he is trying to explain. Mr. Schumacher noted Mr. Caine wrote to Mayor Reinert about a week ago indicating that the joint meetings between the City of Hugo and the City of Lino Lakes were not productive and that the Hugo City Council did not feel that the Lino Lakes City Council was cooperating in a spirit of good planning. He said that this statement was a concern to him and Mayor Reinert. Mr. Schumacher contacted the Hugo City Administrator, Bob Museus, and indicated that this was a concern. Lino Lakes had initiated the cooperative spirit between the two (2) cities and jointly funded a drainage study of the Clearwater Creek area although only 30 percent of the drainage area is actually in Lino Lakes. Mr. Schumacher asked the Hugo City Administrator to talk to his City Council to see what their feelings are about these meetings. Mr. Museus called Mr. Schumacher this morning and said he had contacted all his elected officials. He told Mr. Schumacher that his Council was very supportive of the joint meetings, they have a good understanding of where Lino Lakes is going and thought that the spirit of cooperation between the two (2) communities should continue. Mr. Schumacher felt that the information presented by Mr. Caine was in error based on the information presented to him by Mr. Museus. Mr. Caine said that if he could get the people to say what they feel, they will support what Mr. PAGE 23 COUNCIL MEETING FEBRUARY 13, 1995 Caine had written in his letter. Council Member Bergeson asked if staff would provide information on how the Anoka County Highway Department determines which roadway is to be upgraded and if this City can influence the time when this roadway comes to the top of the list. Mr. Powell said that if this subdivision is approved, he will submit a letter to Ms. Jane Pemble clearly stating the City's concern with the existing state of that roadway similar to the letter sent to the County regarding the CASH 10 (Birch Street)/Highway 49 signing. The City's concerns will be passed along to the County and an attempt will made to make this as high a priority as the City can get it in County's construction plan. Mr. Powell explained that he met with Mr. Jon Olson the Anoka County Highway Engineer this past September and reviewed the status of all upcoming projects that Lino Lakes has so that they would be aware of what is happening in Lino Lakes and to keep the line of communications open. Council Member Elliott asked that White Bear Township help with the reconstruction of Otter Lake Road since trucks hauling to the new theater site in White Bear Township have help caused the deterioration of the road. Since White Bear Township is benefiting from the hauling, they should assist with the reconstruction. Mr. Powell said he would contact the engineer for White Bear Township and request a joint effort. Mayor Reinert asked Mr. Caine if he was speaking for himself this evening. Mr. Caine said yes. Mayor Reinert said since there is some differences in Mr. Caines presentation and what the City has prepared, action on the preliminary plat could be delayed for two (2) weeks to allow time for staff to clarify the position of the Anoka County Highway Department, clarify the financing of the utility extensions as well as other things that were mentioned this evening. Mr. Powell clarified the user water rate by reminding the Council that a resolution was passed setting user water rates through 1998. Therefore user water rates will not be affected by the Clearwater Creek subdivision. Mr. Powell also explained that Jane Pemble is the traffic engineer for Anoka County. The traffic engineer, construction engineer and design engineer work for Jon Olson, Anoka County Highway Department. Mr. Caine referred to Council Member Neal's question regarding Anoka Electric rates. He said that if the Anoka Electric utility was not growing, their rates would go down. Tom Mesich, 7065 Rice Lake Lane, member of the Planning and Zoning Board said he was encouraged to hear that the Council is troubled about this particular development. He said he is discouraged by the fact that it is to late to be troubled because the City Council has already voted to rezone the land. Certain PAGE 24 1 1 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 criteria was required to change the zoning from Rural to R-1. As far as the Planning and Zoning Board was concerned, the criteria was not met, the infrastructure is not there at this time to handle the development, and the White Bear School District cannot handle more children. Mr. Mesich noted that the letter from the White Bear School District was written before the referendum was defeated. He also explained that everyone who has driven on Otter Lake Road knows that it is not adequate. This area of the City is in the Comprehensive Plan as expansion residential. Mr. Mesich felt that houses are needed in that part of the City to support the commercial growth that is planned for the intersection which will be important to Lino Lakes. He felt it was the City's duty to provide planned development. He also noted that the 20/20 Vision is also telling the City Council that the citizens want well planned development. Mr. Mesich felt that the preliminary plat was well planned and did a good job of being aware of wetlands, and "bent over backwards" as far as making changes that the was required by staff. However, at this time, the infrastructure is not there to handle this plat. He said that a new school would be needed and added that he would like to see the City work with the school district to formulate a plan that outlines that development in conjunction to what the school district can accommodate. Mr. Mesich noted that this type of plan has never been done. Mr. Mesich referred to the traffic concern and felt that there should be a collector street to the east of the proposed subdivision. He said he did not think that Otter Lake Road could be improved to handle the traffic from the subdivision. Mr. Mesich said that the Planning and Zoning Board was against the subdivision at this time but not forever. He said he was troubled by the change of zoning because once the R-1 zoning is in place, all the developer has to do is to show that he can meet the minimum R-1 requirements. Mr. Mesich felt that the City probably could not legally deny a preliminary plat because of the school situation or because of the traffic concern. However, by rezoning the property, the City is saying to the developer that the infrastructure is there and ready for development. Mr. Mesich feels that the rezoning is a mistake at this time and hoped it will work out. Mayor Reinert told Mr. Mesich that he has instructed staff to prepare to address the concern regarding preparing a plan to "level off" new homes constructed in the City. Mr. Mesich said that he had heard the instructions and said he was in favor of placing phasing restrictions on development including writing it into the development contract. However, if the City tries to place arbitrary limits on the development of the entire City or on plats that have already been approved, the City will expose PAGE 25 4 6 COUNCIL MEETING FEBRUARY 13, 1995 itself to lawsuits. Mayor Reinert asked Mr. Mesich to define what he means by infrastructures. Mr. Mesich said basically the schools and roads. Mayor Reinert said that infrastructure goes beyond schools and roads. He felt that unless the City can give some assurance to a developer that something can happen you are never going to get any infrastructure because developers will not put money up front to begin to put a preliminary plat in place. Mayor Reinert said he felt that infrastructure comes after the City makes the decision to develop that particular area. After the preliminary plat is approved, the details of development are then addressed. Mayor Reinert noted that if what Mr. Caine and Mr. Mesich say about Otter Lake Road is true than somebody has given the City false information. Mr. Mesich said that he was sure that the City has received the proper technical response for this particular road. However, the aesthetic part of whether it can handle the vehicle traffic, pedestrians and bicycles is an issue that the County is not going to get into. Mr. Mesich felt it was an issue that the City should get into since the County has no plans to upgrade it. He noted that both the City of Lino Lakes and the City of Hugo have a very big interest in getting the intersection developed. In talking to the two (2) cities and the county, it is possible that another collector street could be constructed on the east side of the subdivision. Mr. Mesich said that the feeling and plain logic says it is not time for development of this area and more planning work has to be done before the development can proceed. John Landers, 7181 Sunrise Drive said he supported Mr. Mesich and tried to get an answer to where the children from the subdivision will be going to school. The letter from the school district was written before the referendum was defeated. It now appears that the school district will be closing schools and making other cuts and Mr. Landers again asked where will the children be going to school. Mike Cross -Schmitz, 6579 - 24th Avenue which is directly adjacent to the Caine property said that his wife is on the planning committee for the White Bear School District. He noted that nothing has been resolved regarding what schools will be closed and what cuts will be taken. They are talking about cutting 77 teachers, 45 administrators and one, possibly two (2) schools, going from a seven (7) hour class schedule to a six (6) hour class schedule and cutting all extra -curricular activities with the exception of the four (4) major sports. Mr. Cross -Schmitz urged the City staff to contact White Bear School District and find out what are the current plans. PAGE 26 1 1 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 Mr. Cross -Schmitz said if this project is the "platform" for the entire development, how can there be development without his or Mr. Caine's land since their land cuts the proposed total development in half and neither his or Mr. Caine's land is for sale. He asked what is the sense of putting a little "island of homes out there" when it can go nowhere. Mayor Reinert said that the long term proposal is not under consideration this evening and nobody can answer this question. Mr. Cross -Schmitz asked how can the City ignore the fact that the development will not go beyond 153 homes. Mayor Reinert said the City has faced this situation before and things do change over years. Mr. Brixius explained that it is not unusual for any community to ask for a sketch plan for the balance of the area surrounding a proposed development. The area proposed for development is all within the MUSA area and has capabilities for development. This does not mandate that the Caine property or the Cross -Schmitz property develop. It is not unusual for a community for planning purposes to look at the areas beyond the original plat to see how access and other lot arrangements will work out in the area. In addition, staff is looking at expansion northward with uses other than residential if utilities become available to the interchange. Therefore, it will not be an "island" of homes. Mayor Reinert said he heard the comment tonight that this City does not plan and challenged this since the Council has been told many times by people outside of the community that Lino Lakes is one of the best planned communities in the northern suburb. Karen Cunningham, 2310 Cedar Street explained that she owns the horse stables east of the proposed subdivision. She said she has been hearing a lot about Tart Lake and went to her grandfather and other older neighbors to find out what that was. Ms. Cunningham wanted to know why people are saying that her pasture will be turned into a lake and will get a lot of the drainage from the subdivision. She noted that she had talked to Kate Drury at the Rice Creek Watershed District and was told by Ms. Drury that the amount of drainage and the rate of runoff cannot increase because of this housing development. Mrs. Cunningham asked if the rate of runoff cannot increase, why would her land get any wetter than it already is? She noted that she has horses on this property and there is no water. Mr. Powell explained that the runoff from the development would be limited to the pre - development conditions. The total amount of runoff that ultimately leaves the site and goes down stream would increase because some of that flow will be detained in ponds. Pete Willenbring, the engineer who prepared the Clearwater Creek Drainage Study was asked specifically how will the wetland adjacent to the Cunningham's property be affected by the development of the proposed subdivision and will the water level PAGE 27 COUNCIL MEETING FEBRUARY 13, 1995 be raised. Mr. Willenbring said slightly, if at all. Will the Cunningham's property be affected? Mr. Willenbring said any increase is an affect. If this area is a flat area, a larger portion of the area would be affected. Mrs. Cunningham said this did not seem like a good response. Why should her property receive the "brunt end" of this matter if there is going to be more runoff? Why should her land get any wetter even if it is for only two (2) or three (3) days because of the runoff? According to Ms. Drury, the developer must provide a drainage and storage plan which will show holding areas or ponds. Ms. Cunningham said she did not see ponds to hold the drainage. Mayor Reinert explained that the drainage has to be incorporated into the development plans. Mrs. Cunningham asked if the developer would have to take another lot out of his plan to provide for ponds. Mayor Reinert said that Ms. Drury gave accurate information. Mr. Powell explained that the developer will not have to delete a lot to conform with the Rice Creek Watershed regulations. There are ponding areas in both phase one (1) and phase two (2) that will contain runoff. Mr. Olson pointed out the ponding areas. Mr. Powell explained that ultimately the runoff from the ponds will run to Clearwater Creek through the southeast corner of the Cunningham's property. Mrs. Cunningham asked about another location on the proposed subdivision and Mr. Olson explained the drainage plan for that area. Mrs. Cunningham asked if there will be a document explaining how the drainage for this subdivision will work. Mayor Reinert said yes, this will be prepared before the final plat is approved. Mayor Reinert noted that there are many unanswered questions and suggested that the preliminary plat consideration be delayed to the next Council meeting to allow time for the neighbors to meet with staff to get factual information. The City Engineer, City Planner and staff can meet with the neighborhood in a less formal atmosphere. Mrs. Cunningham said that she loves where she lives but has some concerns. She said that she is not against development, but would like to see the area remain rural. Mayor Reinert said that he understood the emotion of the residents because he went through the same situation. He felt that developers and the City staff owed the current residents factual answers to their questions. Mr. Powell noted that the same questions were raised at the public hearing in November. Staff has done extensive review, well study, traffic study, contacted the County and Rice Creek Watershed District, and verified the wetland delineations. Mrs. Cunningham's concerns regard the standard requirements that every development must follow as part of developing in the Rice Creek Watershed District. Mrs. Cunningham used the overhead projector and showed the PAGE 28 1 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 location of her home and the horse stables. She also noted the location of the proposed first phase of the development consisting of 40 acres. Mrs. Cunningham explained that she has talked to Chris Lord at the Anoka Soils Conservation Office and was told that map she was displaying was intended to identify the types of soils. Mayor Reinert noted that this map identifies soils in a very broad manner. Mrs. Cunningham said Mr. Lord said that the map she has is the current map and shows a lot of severe soils limitations. She said that if she planned to buy a house in the proposed subdivision, she would want to know about the soil conditions. Mrs. Cunningham noted that in the area where the street is planned, there will be problems with frost. There will be problems and the road will break up. She noted that there will be problems with water in basements. Mrs. Cunningham said that Mr. Lord told her that he does not look at the proposed subdivision until after the preliminary plat has been approved. She asked that these concerns be reviewed prior to Council action on the preliminary plat and suggested that maybe there are too many homes platted for this area. Mayor Reinert noted that he does have a soils background and explained that the maps that Mrs. Cunningham is showing are very broad in nature. The immediate area must be proved to support the growth that is planned. Mayor Reinert explained how the maps are prepared. Mayor Reinert noted that there are still some questions to be answered and asked if Council action on the matter could be delayed until the next Council meeting. He specifically referred to Mrs. Cunninghams concern regarding the apparent discrepancy between the information she received from the Anoka County Soil Division and what was presented this evening. Mr. Powell asked Mr. Olson if he had completed borings on the site. Mr. Olson explained that GMA Soils Consultant has drilled borings on the entire site. They have prepared construction standards that respond to the various types of soils on the site. Mr. Olson explained that the construction standards for Lino Lakes does take into consideration the various types of soils within the City and is a much heavier standard than many other cities around the twin cities. Mrs. Cunningham noted that there are many other landowners in the area who have horses and horse stables. She explained that they will also be impacted by the proposed development. She felt that the developer should make the new residents aware of this situation. Mayor Reinert noted that a motion is on the floor to approve the preliminary plat. Mayor Reinert asked for clarification and asked if Mr. Landers PAGE 29 151 COUNCIL MEETING FEBRUARY 13, 1995 and Mr. Mesich were speaking for themselves or the Planning and Zoning Board. Mr. Mesich said half and half. He was clarifying comments in the staff reports and make sure that the City Council has a "feel" for some of the issues that came up at the Planning and Zoning Board meeting. Mr. Landers was speaking for himself. Mr. Brixius and Mr. Hawkins explained that the City Council must take action on a preliminary plat within 60 days after the matter has been referred by the Planning and Zoning Board. Mr. Powell explained that staff did receive a waiver from the developer to extend action on the preliminary plat until this Council meeting. If the Council wishes to delay the action further, another extension will be required. Council Member Bergeson suggested allowing the developer, Mr. Emmerich, a few minutes to consult with his engineer and make a decision regarding whether or not he would grant the extension. Mr. Emmerich said he appreciated the concern of the City Council, but noted that he has worked on this matter for almost and year and has listened to most of these same concerns. He noted that no matter how he answers the questions, they are never answered to satisfaction of everyone. Mr. Emmerich said he has hired the best engineers and they have provided the best answers that can be given. He noted that the City has a very competent staff who are good at what they do. Mr Emmerich said he would prefer not to extend the deadline but did understand that there are some residents who really do not understand what is happening. He said if the issues can be clarified and the Council can vote on the matter two (2) weeks from now, he would agree to the extension. Mr. Emmerich said that he could not let this continue indefinitely. Council Member Kuether explained that the City Council was also confused this evening because some of the items in their packet were items that were not completed for the November public hearing but have since been completed. She understood that the residents may not have been aware of the completed studies and the corrections that were made by the developer. Mayor Reinert said that there are some residents who sincerely do not have a grasp on what is happening and is not blaming any of them. In fairness to these residents, they have a right to know how their land will be impacted. Mr. Powell said that he may not be able to clarify some of the questions to the residents satisfaction in just two (2) weeks, however the developer has spent a lot of time and money to answer these questions, this may be a case of conveying answers for the residents rather than assembling information. Mayor Reinert noted that there will always be objections. However, the City has certain obligations to landowners including landowners who have acreage who want to develop it. The tough part is pleasing everybody. If there is a PAGE 30 1 1 COUNCIL MEETING FEBRUARY 13, 1995 sincere misunderstanding, the City Council is obligated to provide the answers. Mr. Emmerich said that if the City Council will take action on this matter in two (2) weeks, he would grant the extension. He said that the staff is not only competent but have "run him through the wringer pretty hard". Mr. Emmerich said that staff has been questioned about matters that are out of line and he has a tough time sitting and biting his tongue. Mr. Emmerich formally requested an extension of two (2) weeks for Council action on the preliminary plat. A lady in the audience said that she has talked to members of the Planning and Zoning Board and the developer is aware of how she feels about the development and yet she has never received any information. She asked what she would receive in the next two (2) weeks. Mayor Reinert said he did not know and that is why he is asking for the extension. The lady asked if she is going to have come to the City Council in two (2) weeks to get her information. Mayor Reinert said he is requesting that an informal meeting be planned to answer all questions before the next Council meeting. The lady asked to have some documentation ahead of the meeting so that she could prepare her questions. Mayor Reinert said that maybe the process is not understood and explained that the preliminary plat has to be approved before additional engineering is requested on drainage and site preparation to answer some of the questions. Once the preliminary plat is approved, it is "fine tuned" and additional changes are made. Mr. Brixius told the residents that if they have specific questions, they should contact city hall and staff will make every effort to answer them. A gentleman from the audience said that residents were told that they would be able to present additional information prior to the action on the rezone. Mayor Reinert said that the City Council only acted on the first reading of the ordinance to rezone and a second reading is required at the next Council meeting. This will allow time for additional testimony. A lady said that the matter is not finished since the Council passed the rezone. Mayor Reinert said that this is only the first reading of the rezone and the matter will be brought back to the City Council in two (2) weeks. Council Member Bergeson withdrew the second to the original motion in order to facilitate a motion to table the preliminary plat for two (2) weeks. Council Member Kuether withdrew her motion. PAGE 31 COUNCIL MEETING FEBRUARY 13, 1995 Council Member Kuether moved to table action on this matter until February 27, 1995. Council Member Neal seconded the motion. Council Member Kuether asked who would facilitate the meeting and could the residents submit questions to staff prior to the meeting. Mr. Power said that residents should submit their questions prior to the meeting. Mr. Emmerich said that he wanted a member of the Council present at the meeting because some of the same questions have been asked many times. A lady asked where to get a packet that tells about the development including maps. Mayor Reinert asked if she was directly affected by this issue and she said yes. Mayor Reinert said that these are the people we want to address. Ms. Donlin said that the service demands do affect all residents and anyone who is interested should be included. Mayor Reinert said the meeting is open to the public, however, the people who will be directly impacted in their immediate neighborhood are the people who did not have their questions answered tonight. The neighborhood meeting was set for Wednesday, February 15, 1995, 6:00 P.M. Mayor Reinert requested that a packet be assembled for the public containing the site plan, engineers report, staff report and other background information. These packets will be available at city hall. Council Member Kuether asked if Lot 15, Block 4 corrected on the map that was given to the City Wyland explained that the map is dated February staff report reviewed a plat that was submitted has been Council. Ms. 8, 1995 and the in October, 1994. A lady in the audience said that her property is affected by the proposed subdivision. However, she was concerned because the Cunningham's who are asking about the runoff onto their land need additional information. Mr. Powell has a study regarding that matter. She asked what if anything in that report will change by Wednesday. Mayor Reinert said nothing. The lady said people are objecting to the development. It is either going forward or it is not. She felt it was a waste of the residents time to go over and over the same information. Mayor Reinert said one of the problems is that there has been some information gathered and presented here tonight that is not accurate engineering data. There are also some people here tonight that have a sincere misunderstanding of what is happening. The people who are in a flood plain have to understand that during flooding periods in the past they were impacted and will continue to be impacted in the future. PAGE 32 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 The lady in the audience said that Mr. Powell has a report and asked if it will change in the next two (2) days. Mr. Powell explained that a complete detailed drainage study has not been completed on the site. That is normally completed when the grading plan is prepared. This happens far beyond the preliminary plat approval. Mr. Powell explained that at this time, the file contains the requirements of the Watershed District as far as runoff and ponding is concerned. The level of detail that the residents want will not be available until the developers grading plan is prepared. The lady said she understood that Mrs. Cunningham is sincere in wanting to know this information however, if this information cannot be provided in the next two (2) days, why have another meeting because you will not be able to say anything more than what has been said. Again Mayor Reinert said he wanted to sort out the misinformation from the actual information. The lady said that this has been going on and on and would like a decision to be made. Mr. Mesich said, speaking for himself, that he has real concern about the Council continuing this matter. He said that as a member of the Planning and Zoning Board voting in the majority on this issue, there were good reasons to recommend denial of the rezone. Mr. Mesich said that he hears that the matter is being continued so that the engineers and staff can further explain to the people why the staff and the City Council wants this plat to be approved. Mayor Reinert said that Mr. Mesich was not hearing the right information. Mr. Mesich said that the City Council has not said that they want to delay this matter to get more information so that you can make a better decision. He said that Mayor Reinert has said that the meeting is between the staff and the residents and that is a political decision and the City Council has made up their mind and thought that a vote should be taken tonight. Mayor Reinert said that the Council is trying to be fair with the neighborhood and if fairness is being recognized by you then you have a different opinion. Mr. Mesich said that the people have been at the public hearings and have given their input and heard the arguments and listened to the engineers. They have heard the same thing that the Planning and Zoning Board heard and the Planning and Zoning Board made a decision. Mayor Reinert said that this Council has made a decision to hold a meeting on Wednesday night and will make a decision on the matter on February 27, 1995. Mr. Brixius asked anyone who is interested in obtaining a packet to call Ms. Wyland tomorrow morning so that enough packets can be assembled. The Council took a break at 8:35 P.M. and re -assembled at 8:52 P.M. Mayor Reinert called for a vote to delay action on the PAGE 33 15 COUNCIL MEETING FEBRUARY 13, 1995 Clearwater Creek preliminary plat until February 27, 1995. Motion carried unanimously. Consideration of a Minor Subdivision, Hardwood Creek Farm, 7979 - 24th Avenue - Ms. Nyland explained that Mr. and Mrs. Erickson are the owners of property at 7979 - 24th Avenue. The property is known as the Hardwood Creek Farm. They are requesting a minor subdivision to split a 10 acre parcel containing a single family home from the balance of the 50 acre site. The 10 acre parcel will meet all lot area and street frontage requirements of the Rural zoning district. Staff has reviewed the request and recommends approval with the condition that a park dedication of $500.00 be collected prior to recording of the minor subdivision. The Planning and Zoning Board has reviewed the request and also recommends approval of the subdivision. Council Member Elliott moved to approve the minor subdivision. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision, 6848 Otter Lake Road - The applicant is requesting a minor subdivision to split a 4.1 acre parcel from his 5.45 acre lot. The property is zoned Light Industrial and the minimum lot size is one acre and 100 feet of lot width is required by the zoning ordinance. Both the existing lot and the newly created lot will meet these requirements. Utility services are not currently available to serve these properties. The Economic Development Advisory Board is recommending approval of the minor subdivision. The property is intended to be sold for the development of a pet supply and dog training facility. A site plan review will most likely be submitted for Planning and Zoning Board and Council review in the near future. The staff has reviewed the request and recommends approval of the minor subdivision with the condition that a park dedication fee be collected at the time of site plan review. The reason is that park dedication ordinance bases the park dedication fee on the size and use of the building. Therefore until building plans are submitted, staff cannot calculate the park dedication fee. The Planning and Zoning Board has reviewed the request and has recommended that the request be approved with the park dedication fee to be collected at the time the building permit is requested. Council Member Kuether moved to approve the minor subdivision. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL PAGE 34 1 1 1 1 1 1 1 rs COUNCIL MEETING FEBRUARY 13, 1995 Fourth Avenue Barrier - Mr. Powell explained that this is for information. As part of the Apollo Drive improvement project the City acquired a permanent easement across the southeast corner of the Lino Lakes Correctional Facility property. The Department of Corrections agreed to grant this easement with the understanding that old Fourth Avenue would become a limited access roadway which would be beneficial to them from a security standpoint. Now that the Fourth Avenue re -alignment construction has been completed, the Correctional Facility will be installing an armed gate across the pavement within the old Fourth Avenue right-of- way. The appropriate City personnel will still be able to access the City facilities south of the armed gate including the water tower and utility easements. The armed gate will be installed and maintained by the Correctional Facility and public works, police and fire officials have been contacted and have no objection to the proposed gate. No Council action is needed on this matter. 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. To determine the cost of this plan requires the preparation of a feasibility report. The developer has requested that the City share in the cost of the preparation of the report. In response to the developers request the following information was prepared. When reviewing the request the following was noted: the City currently has no formal policy regarding feasibility report cost sharing and on at least one other project in the past, cost sharing was approved but involved a much lower dollar amount. The Trapper's Crossing project frontage involves about 18 percent of the improvement area to be evaluated by the report. Based on a recent traffic study completed on the area, ignoring any effect of a park complex, the subdivision would ultimately account for about 70 percent of the traffic. The City would not have a feasibility report prepared if it were not for the proposed subdivision. The roadway to be evaluated is part of the City's MSA roadway system. As such, the City can submit preliminary design costs to be paid by state aid funds. Regardless of any action on this item, staff is requesting that a formal policy regarding feasibility report cost sharing be prepared for future use to assure consistency of feasibility report cost sharing. Mr. Powell explained that up to 50% of the feasibility cost will PAGE 35 1 5! w COUNCIL MEETING FEBRUARY 13, 1995 be used to do the soil borings which will be useful to the City in the future and it is a reimbursable cost. Council Member Kuether noted that the traffic study indicated that up to 70% of the traffic on this roadway will come from Trapper's Crossing. She asked if this meant that the developer will asking the City to pay for 30% of the actual construction costs. Mr. Powell said no, the roadway improvement costs are entirely separate from anything that has been done to this point. The study should establish the total cost of the improvement so that specific agreements can be adopted before the development proceeds. Council Member Bergeson noted the high cost of the study and Mr. Powell's desire to adopt a policy for sharing the cost of feasibility studies. He asked that the policy contain criteria for bidding high cost feasibility studies. Mr. Powell explained that the high cost of this study is attributed to the nature of the soils in the study area. Council Member Bergeson moved to approve the study with the City paying up to 50% of the cost not to exceed $10,000.00 only if the project proceeds as a municipal state aid project and would be reimbursable. Council Member Elliott seconded the motion. Motion carried unanimously. Report on County Road J Meeting, February 9, 1995 - The City Council asked Mr. Powell to attend the County Road J meeting. The meeting was held last Thursday at the Shoreview city hall. The purpose of the meeting was to discuss the proposed Metropolitan Council sewer interceptor to be constructed along County Road J (Ash Street). The meeting was initiated by two (2) legislators, Rep. Krinke and State Senator Linda Rundbeck. Lino Lakes City staff had a meeting to discuss the project with the affected Lino Lakes residents on January 30, 1995. The meetings were held in response to a newspaper article and allowed staff to get details of the construction to the property owners because the were very concerned. About 15 residents attended the City meeting and about 30 people attended the meeting in Shoreview. Approximately 10 of these persons were property owners. The remaining attendees were local official and representatives from other governmental agencies with the biggest contingent coming from the Metropolitan Council Waste Water Services (MCWWS). The discussion at the meeting generally concerned the project details, the planning process of Metropolitan Council and how the project costs were affected by installing the interceptor separately from the roadway improvements. Metropolitan Council Waste Water Services indicated that their PAGE 36 1 1 1 1 C +a COUNCIL MEETING FEBRUARY 13, 1995 improvement process usually takes from five (5) to seven (7) years from inception through construction. This includes a facilities plan, a system improvement study and a funding plan. The interceptor project was not synchronized with Anoka County/Ramsey County improvement plan for County Road J because the road improvement plan did not start at the right point to "mesh" with the interceptor plan. When the MCWWS became aware of the improvement plan for County Road J, they were not far enough along in their process to take advantage of a joint contract. Mr. Powell explained that the recent changes at MCWWS should provide for more expedient process of future similar projects. Mr. Powell explained that the soil correction completed as part of the county roadway project made the County Road J alignment for the interceptor attractive to the MCWWS from a cost and environment standpoint. The County cleaned up the site, processed the archeological study, corrected the soil. This made the County Road J sight very attractive. The funding for the project will come from MCWWS user fees and not assessments to adjoining property owners is involved. The meeting did not generate any specific recommendations regarding future projects but did reinforce the value of careful planning and communication between governmental agencies. Mr. Powell described where the interceptor will be constructed and noted that construction will begin in 1996 at the lift station on Ware Road. Mr. Schumacher noted that Mr. Bill Johnson of the MCWWS called and asked for quarterly building reports because there is the possibility that Lino Lakes will run out of sewer capacity before the interceptor is completed. Mr. Powell said that this became apparent in 1994 and they have requested these reports so that they can track usage closely. No Council action was required on this matter. Chris Lyden, 6262 Holly Drive asked for clarification regarding the feasibility report for Trapper's Crossing. Will there be the same commitment by the City and the developer such as 50/50? Mr. Powell said that based on a $20,000.00 cost it will be 50/50. However, this has no relation to the cost sharing for the improvement project itself. The feasibility report will establish the approximate project cost. It was noted that the motion to approve participation in the cost of the feasibility study set a limit of $10,000.00 for the City. PAGE 37 15: COUNCIL MEETING FEBRUARY 13, 1995 CONSIDERATION OF ANNUAL APPOINTMENTS, RANDY SCHUMACHER Mr. Schumacher explained that on February 8, 1995, the Lino Lakes City Council interviewed candidates for three (3) vacancies on the Planning and Zoning Board and two (2) vacancies on the Park Board. A checklist was prepared which allowed the Council to rank candidates using education, occupation, general experience and volunteer history as criteria. After the interviews were conducted, the City Council ranked the applicants for both the Park Board and the Planning and Zoning Board. There were three (3) individuals considered for the two (2) open positions on the Park Board. The two (2) top ranked candidates were Betty Piper and Sharon Lange. There were eight (8) individuals considered for the three (3) open Planning and Zoning Board positions. The three (3) top ranked candidates were Rick Gelbman, William Johnson and Guy Herr. Mr. Schumacher recommended that the City Council take action on this matter. Council Member Elliott moved to appoint Betty Piper and Sharon Lange to the Park Board for a three (3) year term. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Kuether moved to appoint Rick Gelbman, William Johnson and Guy Herr to the Planning and Zoning Board for a three (3) year term. Council Member Elliott seconded the motion. Motion carried unanimously. Legal Newspaper - It was noted that the City Council temporary appointed the Quad Press as the legal newspaper for the City. Applications have been received -from the Forest Lake Times, the Spring Lake Park Life and Press Publications (Quad Press). Council Member Elliott moved to approve the Quad Press as the legal newspaper for 1995. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Neal said he had read that if there is any problem regarding distribution of the Quad Press that Gene Johnson should be contacted. Ms. Michelle Larson, Press Publications told the Council that the public could also contact her. Council Member Neal noted that there have been problems with distribution in the past. Charter Commission - All vacancies are appointed by an Anoka County Judge. Centennial Fire Steering Committee - Council Member Elliott moved to re -appoint Council Member Neal to this committee. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 38 1 1 1 COUNCIL MEETING FEBRUARY 13, 1995 Council Member Kuether moved to appoint Mayor Reinert as the alternate member to this committee. Council Member Elliott seconded the motion. Motion carried unanimously. Circle Pines Gas Commission - Mayor Reinert noted that Al Ross is presently serving on this commission and has asked to be re- appointed. Mayor Reinert explained that since the City will become more involved in this matter, someone with a technical background should be appointed to the Commission along with Mr. Ross. Mr. Schumacher was asked to prepare options for the City Council to consider. This appointment will be delayed for 30 days. North Central Suburban Cable Commission - Council Member Kuether moved to reappoint Dan Tesch. Council Member Elliott seconded the motion. Motion carried unanimously. Acting Mayor - Council Member Kuether moved to reappoint Council Member Neal. Council Member Elliott seconded the motion. Motion carried unanimously. Assessor - Council Member Elliott moved to reappoint the Anoka County Assessor. Council Member Bergeson seconded the motion. Motion carried unanimously. Fiscal Agent - Council Member Elliott moved to reappoint Springsted, Inc. Council Member Neal seconded the motion. Motion carried unanimously. Capital Building Committee Chairman - Council Member Kuether moved to reappoint Council Member Bergeson. Council Member Elliott seconded the motion. Motion carried unanimously. Animal Control - Council Member Elliott moved to reappoint Otter Lake Animal Care Center. Council Member Kuether seconded the motion. Motion carried unanimously. Legal Depositories - Action on this appointment was delayed until February 27, 1995. Economic Development Authority Advisory Board - There are no vacancies at this time. Utility Tracking Committee - Council Member Elliott moved to reappoint Mayor Reinert and Council Member Bergeson. Council Member Kuether seconded the motion. Motion carried unanimously. Vadnais Lake Area Water Management Association - Council Member Kuether moved to appoint Rocky Keehn. Council Member Elliott PAGE 39 1 61 COUNCIL MEETING FEBRUARY 13, 1995 seconded the motion. Motion carried unanimously. Council Liaisons - Mayor Reinert asked to delay this so that there can be more discussion on the matter prior to a final decision. This matter may be discussed at the February 22, 1995 work session. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, RESOLUTION NO. 95 - 23, RANDY SCHUMACHER Mr. Schumacher explained that a public hearing was held at the last Council meeting and testimony was taken from the various agencies who have requested funding through the CDBG. The City is anticipating receiving $37,601.00. In the past years the funds have funded the Senior Coordinator and various planning agencies as well as non-profit community service organization. Mr. Schumacher recommended that the City continue to fund the Senior Center Coordinators position as well as the land use study which should be completed this year. This leaves a balance of $6,980.00 to be distributed by the City Council to the other non- profit areas. Exhibit Al outlines the present funding level for various agencies and also outlines the 1995 requested funding from these agencies. Exhibit A2 outlines the number of residents in Lino Lakes served by each agency as well as what the contacts with the residents entailed. Community involvement at the various agencies was discussed. It was noted that Anoka County does help fund some of the agencies through tax dollars. Mayor Reinert asked for further information about Meals on Wheels. Ms. Schloer provided the information and Council Member Neal noted that the Lino Lakes Lions Club does help, however, the program now provides meals for many more Lino Lakes residents and additional help and funding is required. Mayor Reinert noted that it would probably take too much time tonight to determine what organizations to fund and for what dollar amount. He asked Mr. Schumacher to provide a recommendation for action at the next Council meeting. Council Member Bergeson said that he would distribute the money evenly among the agencies and suggested that the recommendation for the land use plan be shorted by $20.00 so that there would be an even $7,000.00 to distribute. Council Member Elliott explained that the money was distributed evenly last year, however Mr. Schumacher had explained that because of all the paper work and legalities involved, it did not make sense to have each agency go through all the "hoops" for a few hundred dollars. She recommended that the Council select a couple agencies to fund PAGE 40 1 1 1 COUNCIL MEETING_ FEBRUARY 13, 1995 this year and fund the balance next year. Council Member Elliott said her first choice would be to fund the Alexander House for $5,000.00 and the Forest Lake Youth Service Bureau for the balance. Council Member Kuether suggested that maybe the funding for the land use plan could be reduced to help fund the other agencies. Council Member Neal moved to fund the Senior Coordinator for $15,621.00. Council Member Elliott seconded the motion. Motion carried unanimously. Mayor Reinert asked Mr. Schumacher to explain why he is recommending $15,000.00 to fund the land use study. Mr. Schumacher explained that the land use study was initiated in 1994 to look at the impact of some of the development issues that were taking place. The study is ready for the Council to review and after Council review, it will be taken to the Metropolitan Council for their review and approval. The study has taken twice as long as anticipated and has become much more detailed because of the new "blue print" recently adopted by the Metropolitan Council. If the study is not funded by CDBG, it will have to be funded by the General Fund and this would directly impact taxes. Council Member Kuether asked Mr. Schumacher to define the guidelines for the use of the CDBG funds. Mr. Schumacher explained that the funds must be used for the benefit of low and moderate income residents and can be used for economic development issues. The County does have some guidelines and there is the possibility that they may say that there are too many other communities doing economic development projects and then Lino Lakes would have to reduce our request for the land use study and appropriate those dollars in another area. Council Member Kuether asked how the $15,000.00 figure was determined. Mr. Schumacher explained that it is an estimate. Council member Kuether moved to approve the $15,000.00 funding for the land use study. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether said that she would recommend $5,000.00 for the Alexandra House and a $1,000.00 for the Forest Lake Youth Service Bureau and the balance split between the remaining agencies. Council Member Neal said that he prefers to fund Meals on Wheels because their only other funding is through donations and they directly take care of Lino Lakes residents. PAGE 41 16 161 COUNCIL MEETING FEBRUARY 13, 1995 Mayor Reinert explained that it appears that the Council is saying fund Alexander House first, Forest Lake Youth Service Bureau second and Meals on Wheels and Community Emergency Assistance Program, Inc. (CEAP) with the balance. Mr. Schumacher will bring a recommendation to the next Council meeting. OLD BIISINESS There was no Old Business. NEW BIISINESS There was no New Business. Council Member Elliott moved to adjourn at 10:45 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting on February 27, 1995. / 1 .L kZ(,-c;-�,Mari IC �. Anderson Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 42 1 1 Council Member Elliott adoption. introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 21 A RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE REL/EF ASSOCIATION FOR SCHOOL SAFETY PATROL SUPPLIES AND AN APPRECIATION DAY OUTING FOR SAFETY PA TROL VOLUNTEERS WHEREAS, proper school safety patrol supplies were needed at Rice Lake Elementary School, and WHEREAS, a roller skating party was given to the school patrols in appreciation of their efforts, and WHEREAS, the Centennial Fire Relief Association has made a donation of $ 1056.74 to defer the cost, and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures Patrol Supplies Roller skating party 5556.74 500.00 $ 1056.74 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $ 1056.74 and wishes to express its sincere gratitude and appreciation to the Centennial Fire Relief Association for its donation. Adopted by the Lino Lakes City Council this 1.3thsiay of February, 1995. Vernon F. Reinert, Mayor Marlyn 0.. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member Neal and upon being taken thereon, the following voted in favor thereof; Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 164