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HomeMy WebLinkAbout02/27/1995 Council Minutes16:i COUNCIL MEETING FEBRUARY 27, 1995 CITY OF LINO LAKES COUNCIL MINUTES DATE TIME STARTED TIME ENDED : MEMBERS PRESENT: MEMBERS ABSENT:: February 27, 1995 6:30 P.M. 9:04 P.M. Neal, Kuether, Elliott, Bergeson Mayor Reinert Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Al Brixius; Assistant to the City Administrator, Dan Tesch; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Accountant, Paula Schloer; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The agenda was approved as presented. OPEN MIKE Tom Donlin, 6100 Centerville Road - Mr. Donlin said he is speaking as a citizen of Lino Lakes and is concerned about the proposed development of Clearwater Creek. He said he was not opposed to Mr. Emmerich's right to develop his land and is not opposed to development in general as long as it is done in an organized and consistent manner. Mr. Donlin said he is not opposed to development as long as the concerns of the existing residents and citizens are addressed and answered in full. Mr. Donlin said that at this time he is opposed to the Clearwater Creek development because it is not a logical extension of existing services and the legitimate concerns of the residents and the Planning and Zoning Board have not been answered. He asked the City Council to address each of the following concerns and answer them in full before any action is taken on the development. Mr. Donlin said he would read his concerns, and asked each Council Member to think about the timing of the development and ask themselves if, at this time, does adding 456 new homes make sense. PAGE 1 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Donlin's first concern was White Bear School District No. 624. He noted that his daughter will be attending this school district. Mr. Donlin felt that this should also be a great concern to Mr. Emmerich (the developer) because one of the most important issues when buying a new home is where will the children be going to school. He noted that in recent months, this school district has been forced to lay off teachers, increase class sizes and eliminate many programs. Although the school district policy is not to oppose or support development issues, Mr. Donlin asked if adding 456 new homes to this school district makes sense at this time? Mr. Donlin's second concern is the sewer and water extensions in the Joint Powers Agreement with the City of Hugo. He said it is his understanding that the Clearwater Creek development will be served by a gravity sewer with a lift station connecting it to the existing 10 inch forcemain pipe which will carry the sewage to the Hugo/Forest Lake interceptor. Mr. Donlin's concern is the existing 10 inch pipe which was constructed in 1976/1977 as an interim system designed to be replaced around 1990 with a permanent gravity system. Mr. Donlin noted a letter dated April 28, 1976 from Richard Dougherty of the Metropolitan Waste Commission to the City Clerk -Treasurer of Hugo, Carole Williams. Mr. Dougherty assures the City of Hugo, "based the current trends this system will have a design life beyond the year 2020". Mr. Donlin said he could not help but think of some other fine products of the late 1970's such as the Ford Pinto and the AMC Pacer. Mr. Donlin said, "with proper maintenance they were designed to last until 2020 and beyond". However, he doubted that in the year 2020 anyone will jump into the family Pacer and expect it to go anywhere. Mr. Donlin said his point is that the forcemain has broken three (3) times and needs to be thoroughly inspected before any new capacity is added. He asked, does adding 456 new homes to this system make sense. Mr. Donlin's third concern is Otter Lake Road. He explained it does not have any shoulders, is only 28 feet wide and is rated poor by one Anoka County Engineer. He said this development would add 2,950 trips per day to a road which is considered below county road standards by the same engineer. Mr. Donlin noted that SEH prepared a traffic study for the City of Lino Lakes. This study states, "the traffic volumes added to Otter Lake Road will not create significant traffic problems". Mr. Donlin said this statement is also reflected in Mr. Brixius' planning report, Executive Summary to Ms. Wyland dated October 7, 1994. Mr. Donlin said that part of the sentence from this report is missing in Mr. Brixius statement. The missing part of the sentence states, "This is one of the most intense single family developments possible between the County Road J interchange and PAGE 2 1 6O 1 6 COUNCIL MEETING FEBRUARY 27, 1995 Clearwater Creek, however the traffic volumes added to Otter Lake Road will not create significant traffic problems". Mr. Donlin continued quoting from the same report, "SEH generally considers that more than 2000 vehicles per day traveling past a residential unit is very undesirable". Mr. Donlin asked if the City is going to tell 15 to 20 existing homeowners between County Road J and Clearwater Creek that 2950 cars per day will pass their homes? Mr. Donlin explained that the SEH study does not consider the new theater under construction on the south side of County Road J and the number of "kids" using County Road J to get to the theater or the traffic generated by the new commercial and industrial park north of Clearwater Creek. Mr. Donlin asked if it made sense to approve this development without Otter Lake Road improvements, and if the improvements occurred, who will pay the costs. He asked again, at this time, does adding 2950 trips per day to Otter Lake Road make sense? Mr. Donlin thanked the City Council for allowing him to speak and said he hoped that the City Council would answer some of the questions and problems in a way that makes sense. Karen Cunningham, 2310 Cedar Street - Mrs. Cunningham noted that she has inquired about this same issue before but is again asking about the water drainage from the development. She noted that she has talked about the matter many times and voiced her many concerns. Mrs. Cunningham referred to a newspaper article about this development and quoted from it as follows: "I have listened to the same questions for a year and no matter how well we have answered them, it is not good enough". Mrs. Cunningham said she did not feel the questions have been answered well enough. She explained that every answer makes her feel more than ever before that she will have a water drainage problem and her pasture will be flooded. She noted that she was very concerned and questioned the joint water study prepared for the City's of Hugo and Lino Lakes. Mrs. Cunningham was told at the City Hall that the water study had been completed but heard from citizens that the study was not complete. She talked to someone at the Hugo City Hall and they drafted a letter to her. She gave the City Council a copy of the letter. The letter is written by the Hugo Administrator and states that they are still awaiting the final study and it is not complete. Mrs. Cunningham has been keeping notes on the development process and noted that they were told earlier that the study was to be completed before the development would be voted on. She felt that this is misleading. Mrs. Cunningham explained that she and her neighbors want to think that what they are being told is correct and felt it was vital that the drainage study be completed before this development is approved. PAGE 3 1 1 1 1 6:1 COUNCIL MEETING FEBRUARY 27, 1995 Acting Mayor Neal asked who told Mrs. Cunningham that the study was completed. Mrs. Cunningham explained that there were letters in the packet that she was given at city hall stating that the water study was completed. Also she noted that it has been stated over and over that the study has been completed. Mrs. Cunningham said that the drainage problem is not the only thing that has not been resolved. She explained that the ditch crossing her land from the proposed development is in need of repair. Mrs. Cunningham felt that if more homes are going to be built in this area there is a potential that more water will be going through her land and flood if the ditch is not repaired. She felt that the responsibility for maintenance or repair of the ditch is not just the responsibility of the Rice Creek Watershed District (RCWD) but the responsibility of everybody who lives around it. Mrs. Cunningham explained that although she has said this before, she would say it again. The area is very nice as a rural area and although she is not against development she felt that too many homes were being proposed for a rural area that now contains farm lands and hobby farms. Mrs. Cunningham said that all the problems should be addressed before additional homes are built. She also noted that if the area was left rural, these issues could be handled. Mrs. Cunningham gave the City Council a copy of the letter she received from the City of Hugo. Dennis Cunningham, 2310 Cedar Street - Mr. Cunningham said he had concerns to those already expressed. He quoted from the minutes of February 13, 1995, page eight (8), Drainage., "A hydrological study funded jointly by the City of Hugo and the City of Lino Lakes for this areas has been completed by the Hugo City Engineer, OSM". Mr. Cunningham noted that the minutes reflects that the study is complete and yet the information just presented by Mr. Donlin seems to indicate that the study is not complete. Mr. Cunningham referred to a report dated October 7, 1994 from Northwest Associated Consultants (NAC) which mentions that an area storm water management plan is being prepared in cooperation with the City of Hugo. Mr. Cunningham quoted, "The results of this study directly affects this proposed plat" and further recommends that the City of Lino Lakes continue the hearing to allow the study to be completed in order to properly evaluate storm drainage aspects. The conclusion of the NAC report says studies pertinent to this subdivision are outstanding and did not believe that sufficient information is available to properly evaluate the proposal. NAC recommended that without this information the consideration of the rezoning and the preliminary plat is premature. Another letter from TKDA dated February 10, 1995 mentioned a preliminary study which has been reviewed by PAGE 4 COUNCIL MEETING FEBRUARY 27, 1995 Hugo and Lino Lakes, however a great many details regarding implementation and financing of any improvement must be worked out. Mr. Cunningham also referred to the recent letter from the City of Hugo which states that the study is not complete. Mr. Cunningham noted that many times it has been stated that only two (2) phases of the proposed plat are being proposed at this time, however, all phases are necessary to bring about the commercial and industrial growth. Yet the City is still looking at only this one small portion. He felt that is why some people are calling this an island of development. If the other phases do not occur, there will be just this one section and it will not fit into the area. Mr. Cunningham referred to page 11 of the February 13, 1995 minutes in which the White Bear Lake School Superintendent's letter was mentioned. He took exception to this portion of the minutes. The minutes quoted the letter as follows: " it is not the policy of the White Bear School District to look at stoppage of growth as a way of controlling School District problems". Mr. Cunningham felt that the minutes appear to say that the School District is not opposed to or does not want to limit development to control growth. He said that the letter that was written by the Superintendent does not say what was quoted. Mr. Cunningham said he was still concerned about the five (5) criteria for rezoning. The Planning and Zoning Board did not approve the rezone or the preliminary plat. He said that when the rezone and the preliminary plat were presented to the City Council it was passed. Mr. Cunningham listed the five (5) criteria as follows: Consistency to Comprehensive Plan - Mr. Cunningham found no fault with this finding since the MUSA and everything else is there. Compatible With Present and Future Land Use - The Planning and Zoning Board did not feel that this criteria was met. There are no other R-1 areas near the development, it is bordered on the west by a freeway, rural with hobby farms to the south, rural with wetlands to the east and rural and industrial to the north. This subdivision would be a small island with a lot of houses in a rural area. Council Member Bergeson asked that a warning be issued to prospective new home buyers that there are horses in this area. Mr. Cunningham felt that if there is a need for this warning, then it is not compatible with existing uses. Since the proposed plat is bordered on the south and east by hobby farms, problems could occur. Conforms with Performance Standards Within the Zoning Ordinance - PAGE 5 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Cunningham said the Planning and Zoning Board stated concerns about the wetlands. He listed the three criteria for wetlands, vegetation, soil and the water table. Mr. Cunningham noted that Mr. Emmerich's delineation expert was out and looked at the land, studied the vegetation, looked at the soil maps. Some borings were made. Mr. Cunningham asked if these boring sufficiently determined where the water table is for the entire project. He asked if the third criteria had been met. Proposed Use can be Accommodated by Existing Public Services - Mr. Cunningham said that the Planning and Zoning Board did not feel that the school facilities issue was adequately addressed and noted that two (2) bond issues have been defeated since the Planning and Zoning Board's consideration of the matter. He also noted that both staff and Mayor Reinert, at the last Council meeting and the following neighborhood meeting, said that this is not a City issue but a school district issue. Mr. Cunningham said that as a responsible governmental unit, the City Council must consider the ramification of its actions. He said if the City Council is not part of the solution then it is part of the problem. If more problems are being created, the City Council is not a responsible unit. Traffic Generated by Proposed Use is Within the Capacity of the Street Serving the Property - Mr. Cunningham noted that the Planning and Zoning Board took issue with the condition and capacity of the roadway and expressed concern regarding bicycle and pedestrian traffic. He said that SEH appears to address capacity to some extent however, only that it is designed wide enough to handle traffic with turn lanes and yellow lines for no passing zones. The SEH report says nothing about the underlying road structure and that is where the problems are. The road is breaking up and is in need of constant repair. It was stated at the last Council meeting that perhaps the County will have to overlay the roadway more often and this situation is a County problem. Mr. Cunningham suggested that if the City adds more traffic to this roadway, the City should look at it as their problem, not just a County problem. Mr. Cunningham said that since a rezone of the proposed plat will have a direct affect on schools and roads serving the plat, the City must responsibly assess the impact of their actions upon these areas of concern. He said that unless the City Council can say, with no reservation, that the proposed plat does not present a burden upon schools and roads serving the area, the Council must vote no to the proposed plat or become a part of the solution to any negative impact the Council decision imposes on any other government unit. Mr. Cunningham said that he feels the best use for the 121 acres is still as a rural area. PAGE 6 COUNCIL MEETING FEBRUARY 27, 1995 John Elder, 13920 Elmcrest Avenue, Hugo - Mr. Elder said that his concern is in regard to the breaks in the forcemain interceptor that runs between the City of Centerville and the City of Hugo. He noted that there have actually been four (4) breaks in this line since it was constructed. Mr. Elder explained that Mr. Powell does have written information from the former Metropolitan Waste Control Commission describing these breaks. Mr. Elder described the breaks in the line and also noted that he had received a letter from the Metropolitan Waste Control containing information regarding when the forcemain was constructed and information regarding the leaks. The letter states that the leaks were repaired upon notification to the Metropolitan Waste Control Commission, however some of the leaks were undiscovered for several days. The letter also says that the 18 year history of the forcemain indicates the condition of the forcemain. Mr. Elder talked to current Metropolitan Council Waste Water personnel and they told him that the pipe has never had a televised inspection to determine the condition of the pipe Although there are plans to perform a televised inspection, this may not occur for another year or two. Mr. Elder said that because of the frequency of the breaks in the pipe line and because of the location of the pipe line he was concerned regarding whether this is really the time to connect another 450 homes. He asked if the pipe line should be thoroughly inspected now before the City makes the actual connection. Mr. Elders asked Mr. Powell what would happen if the flow of sewage has to be cut off to do a repair? Mr. Powell will respond to this question when the matter comes up later this evening. Mr. Elder referred to the joint Clearwater Creek drainage study and said that he has heard that there is now adequate information to go forward with the proposed plat. He noted that the Hugo City Council is meeting this evening and will discuss the Clearwater Creek development and the impact it will have for the City of Hugo. He explained that a letter was faxed to the Lino Lakes city hall about this situation. Mr. Elder said his biggest concern is that two (2) towns are trying to work together, however Lino Lakes does not want to wait until both towns get the final information regarding the drainage study and allow equal input into the development. He noted that this development will impact both cities because of the drainage and may affect whether or not the City of Hugo can connect to the force main pipe line. Mr. Elder said that the City of Lino Lakes is jumping into something before all of the preliminary work is completed. He said he sees a carrot being dangled and the City rushing to approve the development so that the commercial and industrial areas can be developed on County Road 14 (Main Street) and the City can offer the commercial developer a break. PAGE 7 1 1 1 1 /7' COUNCIL MEETING FEBRUARY 27, 1995 Sherrie Eisele, 6509 - 24th Avenue - Mrs. Eisele said that her property would be in either phase four (4) or five (5) of the proposed development. She said that the sense of timing is what bothers her about the development. Mrs. Eisele said that the City keeps saying that the development will be "narrowed" into 153 homes or it will slowly phase in. She felt that this is not a slow process. Mrs. Eisele said that either the City will have 153 isolated homes or a huge community. She said timing is a big piece because at this time the school district is looking at a very serious school situation. Mrs. Eisele said she has two (2) children in the White Bear School District which is facing major problems. She said that the City of Lino Lakes according to the 20/20 Vision wants to be a community that offers "K through 12 quality education". Mrs. Eisele asked how can the City offer quality education when the White Bear Lake School District is considering closing a school, and increasing the number of kids in a school. She asked how are these children going to learn when they are sitting body to body. Mrs. Eisele asked if this is a serious part of the Lino Lakes vision, how does the City expect to offer a community of 450 new homes a school system. How can the development be marketed under these conditions and how can the City responsibly offer this community to new families. Mrs. Eisele referred to the 20/20 Vision program dealing with citizens concerns such as the citizens desire for a community that shows growth and balance and citizens value the physical environment and desire to maintain wildlife and wetland habitats as part of the overall balance of the development. Mrs. Eisele said that this is a rural area with horses and hobby farms. She said, "I do not understand why the Lino Lakes Council wants house after house after house". She said that there are many ways to develop property and she would prefer the area to stay the way it is. Mrs. Eisele noted that this is not realistic. However, she felt that the City must be realistic and say do we have to have 450 homes or is there another way to develop this property. She asked if the City could look at three (3) to five (5) acre developments and bring in big homes. Mrs. Eisele asked if this would be a better balance of land? John Landers, 7181 Sunrise Drive - Mr. Landers said that supports entirely everything that has been said to this point. He asked that when a vote is taken on both the rezone request and the preliminary plat request that each Council Member individually give their yes or nay along with their reasons for voting as they did. Mike Stricker, 84 White Pine Road - Mr. Stricker said he wished to talk about the Woods of Baldwin Lake, Second Addition. Acting Mayor Neal asked that Mr. Stricker reserve his comments until PAGE 8 I� 3 COUNCIL MEETING FEBRUARY 27, 1995 this matter is reached on the agenda this evening. Acting Mayor Neal noted that the City Council does not take action on matters brought under open mike. The City Council will take under advisement the comments regarding the proposed Clearwater Creek rezone request and preliminary plat request and return to the matter later in this agenda. CONSENT AGENDA CONSIDERATION OF THE MINUTES OF FEBRUARY 13, 1995 - Council Member Kuether moved to approve these minutes as presented. Council Member Elliott seconded the motion. Motion carried unanimously. REGULAR AGENDA CONSIDERATION OF DISBURSEMENTS: February 13, 1995 - Council Member Kuether moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. February 27, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 25 SUPPORTING PASSAGE OF THE MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995, DAN TESCH Mr. Tesch explained that he had enclosed in the Council packets copies of Draft Six of the Minnesota Emerging Communication Services Act of 1995 and Resolution No. 95 - 25 which outlines City support for a bill now in the Legislature. The North Suburban Cable Communications Commission is asking all members of the Commission to support passage of the bill by adopting the resolution which includes protection of public rights-of-way from emerging communication service providers, recognizes that a wide range of voice, data, and video providers are now and will be on the scene, states that current state statute does not adequately address these needs, and concludes that local authorities must have the authority to require control of rights-of-way via their permitting authority. Mr. Tesch recommended that the City Council approve Resolution No. 95 - 25. PAGE 9 1 1 1 1 /7'7 COUNCIL MEETING FEBRUARY 27, 1995 Council Member Kuether moved to approve Resolution No. 95 - 25. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Tesch explained that the resolution will be forwarded to the State Legislature. PLANNING REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 01 - 95, Clearwater Creek Rezone Request - Mr. Brixius explained that at the February 13, 1995 Council meeting, the Council voted to approve the FIRST READING of Ordinance No. 01 - 95 which is the rezoning of the Clearwater Creek subdivision from Rural (R) to Single Family Residential (R- 1). The City Council also continued the consideration of the preliminary plat to allow staff to meet with residents and answer questions. The neighborhood meeting was held on Wednesday, February 15, 1995 from 6:00 P.M. to 10:00 P.M. and a variety of issues were discussed. Mr. Brixius noted that most of the same issues were raised again under open mike this evening. He said that he would give a response to the issues as they were discussed at the neighborhood meeting. Mr. Brixus explained that the Clearwater Creek subdivision is located in the eastern portion of the City which is relatively undeveloped. In 1990, when the Comprehensive Plan was amended and the MUSA was established, this area was designated for single family urban densities in conjunction with commercial and industrial development around the interchange area (I35E and Main Street (CSAH 14). The comprehensive plan arrangement envisioned that it was necessary to provide for some residential support for the economic growth around the interchange. Mr. Brixius wanted to make clear that what is before the City Council this evening is a preliminary plat and a rezone for 153 homes not the 460 that was quoted earlier by the residents. He explained that eventually the 460 homes may have opportunity to come before the City Council but that is contingent upon the developer's pursuit of the property and his ability to put together a package that would accommodate the entire 460 homes. The 153 lots are sufficient to support the utility improvement that are being suggested independent of the balance of the development. Mr. Brixius explained and as was noted at the neighborhood meeting, the 153 lots would be phased in over a three (3) to five (5) year period. Mr. Emmerich has indicated that due to the increase in interest rates, further phasing of the development was likely. Mr. Brixius addressed the timing of the plat. He explained that the 1990 MUSA envisioned that development in this area would occur between 1990 and the year 2000. This is a 1995 development PAGE 10 lt) COUNCIL MEETING FEBRUARY 27, 1995 application. Mr. Brixius explained that since that amendment occurred, the City was challenged for detachment/annexation of properties around the interchange with claims by those property owners that utility services could not be provided by the City. The City won the judgement on this matter by indicating that utilities could be provided. Mr. Brixius said his October report and a number of other items indicated that the timing is appropriate if those features are to be observed. He said that the area is in the MUSA, defense of the annexation position made claim that the City can provide the utility services and according to the City Engineer only a large development that could provide for the financing of the improvements would make utilities to that interchange immediately available. Mr. Brixius noted that the Economic Development Authority Advisory Board (EDAAB) has reviewed the development and has supported it on the basis that providing utilities to the interchange provides for economic development opportunities in a more immediate fashion. Finally the developer did worked with a number of property owners to try and assemble a larger piece of property to make this a more contiguous development. Since then a number of things have changed and the developer is focusing on the 153 lots proposed in the preliminary plat. Mr. Brixius referred to the impact this proposed development will have on the White Bear School District and noted that concerns of this district are the same as for any school district in Lino Lakes. Mr. Brixius also explained that it is not totally within the realm of the authority of the City Council to do much about school district concerns. He noted that claims have been made on the bases of 460 homes. The timing of the 153 homes was not considered and using the reduced number of homes over a larger period of time will allow them to be phased into the school district. In addition, based on the developers projection of $150,000.00 to $300,000.00 homes, the homes will generate taxes in excess of what they will generate in demand for services. Mr. Brixius said there will be some immediate tax benefit through an expanded tax base. He said as noted by a resident of this area, continued growth changes the profile within a school district. Additional families provide additional population base to make corrections within a government jurisdiction much like Lino Lakes. Mr. Brixius said that expansion of economic development to the eastern interchange provides some opportunity for industrial and commercial growth. This type of growth provides tax diversity that has been subjected by the 20/20 Vision Program and also would be supportive of the school district. PAGE 11 1 1 1 1 / 7� COUNCIL MEETING FEBRUARY 27, 1995 Mr. Brixius said that Mr. Powell will address the gravity sewer utility and a representative of SEH will address the traffic study. He explained that Anoka County has issued a permit for access onto Otter Lake Drive. They have also given indication to the staff that this road can accommodate the development as outlined. The condition of the road is a maintenance that was observed and recognized by staff at the neighborhood meeting and will continue to be an issue that has to be responded to. Mr. Brixius said that the City Council is making a determination as to when this development is timely. In 1990 when the City Council approved a Comprehensive Plan and designated this area for urban development and included the area in the MUSA, it was anticipated that the area would develop within this decade. Additionally, the proactive posture of the City regarding economic development and the desire to see something happen along the eastern interchange, provides a City wide prospective as to differing land uses and how they complement one another. Mr. Brixius noted that Mr. Emmerich's plat conforms with R-1 standards and in most cases exceeds the required lot area. All lot areas have been tabulated and meet standards above wetland areas. RCWD has reviewed the drainage plan and a number of the required feasibility studies have been completed including utilities, traffic and storm water drainage. Mr. Brixius felt that a number of issues that were not necessarily available to the Planning and Zoning Board have been addressed and in fact, have been expanded upon. He said he felt that all issues have been satisfied and meet the criteria. Mr. Brixius explained that the City Council has a choice of approving or denying the request for a rezone and a request for preliminary plat approval this evening. He said based on the Comprehensive Plan and past planning decisions, he would recommend approval. Mr. Powell said he would address the concerns expressed by the citizens this evening. He referred to Mr. Donlin's comments regarding the sewer and water extension and said that he would refer the City Council to his February 10, 1995 report which summarized and updated these issues. Mr. Powell explained that currently the City of Lino Lakes does not have a Joint Powers Agreement with the City of Hugo for sewer and water services although Mr. Donlin alluded to such an agreement. The current 10 inch force main on Cedar Street is for the connection of Lino Lakes and the usage of the City of Centerville. It is not proposed or envisioned that the City of Hugo would make any direct connection to this forcemain. Their service is provided by a gravity extension from the Forest Lake Interceptor which has PAGE 12 l� COUNCIL MEETING FEBRUARY 27, 1995 adequate capacity. Mr. Powell said he met with the Metropolitan Waste Water Services personel on Friday and verified this information as well as the plan for the City of Lino Lakes to connect to the forcemain with a 153 lots. Beyond the 153 lots, whenever the Metropolitan Council Waste Water Services reviews the City's sewer extension application, they will keep in mind the future and how future services will be provided for this area. Mr. Powell said that the 153 lots proposed for Clear Water Creek subdivision can certainly be connected to the forcemain which is consistent with the Comprehensive Plan prepared in 1990. Mr. Powell continued, the SEH study regarding Otter Lake Road prepared in August, 1994 provides a preliminary study of the proposed plat. There is also an extensive study, completed January 17, 1995 which includes the commercial and industrial area around the interchange. The findings from this study were consistent with the August, 1994 review of the initial concept plan. Mr. Powell noted that Mrs. Cunningham indicated that she had a letter from the Hugo City Administrator stating the work outlined in the Joint Powers Agreement regarding drainage has not been completed. He said there may be confusion because the Agreement that was undertaken does not only analyze the drainage, it also requires management policies to be outlined, as well as funding sources and other similar requirements. As mentioned in Mr. Powell's February memorandum, the hydrological study has been completed and this has been confirmed by the Hugo City Engineer in a letter dated February 20, 1995. Mr. Powell quoted from the OSM letter, "the hydrologic and hydrological analysis and calculations necessary to develop this plat were completed prior to the meeting between the City of Hugo and the City of Lino Lakes on February 1, 1995". Mr. Powell said that the understanding from the very beginning was that the hydraulic study would be completed and then the two (2) cities would meet to discuss the findings. It was also the understanding that policies and the funding mechanism would be prepared after the joint meeting. Mr. Powell continued quoting from the letter, "they do not believe that any further analysis is warranted in order to finalize storm water policies in this area". Mr. Powell explained that the portion of the Joint Powers Agreement with the City of Hugo regarding the hydraulic analysis is completed. H said that discussion at the joint meeting included how the joit study findings would be implemented, and how the improvements will be funded such as by the RCWD or by the cities independently. Mr. Powell noted that some of the speakers tonight said that all phases of the proposed development would have to be completed in PAGE 13 1 1 1 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 order to get the commercial and industrial development that the City wants around the interchange. He explained that the initial two (2) phases will generate enough area and connection charges to cover the cost of the initial well and the lift station. Mr. Powell said that utilities to serve the commercial and industrial development around the interchange will not come for a while. He said the proposed plat is the very first step in getting utility service to the commercial and industrial area. It was never indicated that 450 lots were required to provide utilities to the commercial and industrial area. Mr. Elder asked about cutting off the sewage to do repairs on the forcemain pipe. Mr. Powell explained that the 10 inch forcemain on Cedar is pumped through a lift station in Centerville. If there was to be an interruption to the forcemain, the pumping would be stopped at the lift station or pumped into a temporary holding tank or truck. Mr. Powell explained the three different times that the forcemain had to be repaired. Mr. Powell said that the three (3) factors for determining wetlands was mentioned by a speaker this evening. These factors are soils, vegetation and water table. He again said that the RCWD has reviewed the delineations that have been prepared and concurs with the field study. Mr. Powell said that many of the other issues that were raised have been followed up since the initial memorandum of February 10, 1995 and have confirmed what was said at that time and the follow up is consistent with the review of last fall. Council Member Bergeson said that when the City Council heard the review of the drainage plan at the joint meeting with Hugo, the Hugo engineer presented the idea that one of the keys to drainage for this area is the culvert under Cedar Street. Council Member Bergeson said it appeared that it was his feeling if the culvert was cleaned and maintained, this would go a long way toward accommodating any potential water problems in the area because of heavy rains or whatever. He asked if Mr. Powell concurred with this assessment of the culvert under Cedar Street and who is responsible for getting the culvert cleaned. Mr. Powell explained that the culvert is outside of the Lino Lakes boundary but it does affect the entire watershed district and is a concern for Lino Lakes. He agreed with the statement of one of the speakers and said that the culvert needs to be maintained near the inlet and outlet. There is irregular topography and debris that needs attention. -Mr. Powell said that the culvert is probably frozen at this time and under water. He felt through working with the City of Hugo, the RCWD and the contractor for the proposed development, the culvert can be cleaned and verify that it is clean. Mr. Powell said that the City should work with PAGE 14 17 17 COUNCIL MEETING FEBRUARY 27, 1995 the RCWD to coordinate continual maintenance. He noted that it is difficult to inspect at this time because it is frozen and obstructed. Acting Mayor Neal asked about the culvert under I35E. It was noted that there is a concern regarding that culvert, however, the immediate concern is the culvert under Cedar Street. Mr. Powell said he concurred with statements made by other consultants regarding the culvert and explained that the City should allow the RCWD to clean out the culvert if they have plans to do so. As part of the Clearwater Creek subdivision proposal, the City will make sure that the culvert is cleaned and will be maintained. The City will work with the RCWD to determine if they want the City to do any inlet or outlet treatment to help keep the culvert clean such as riprap, etc. Acting Mayor Neal asked if Mrs. Cunningham's question had been answered. Mr. Powell said as he had mentioned at the previous Council meeting, the question of will the proposed development have any direct affect on the nearby properties was directed to the Hugo consulting engineer. The answer was yes because any development has some affect. The Hugo consulting engineer said the effect would be "negligible" maybe a "bounce" of not more than an inch or two (2) if that. Mr. Powell said that some confusion was created earlier because the preliminary findings had indicated that by letting the wetlands "bounce" two (2) to three (3) feet some storage could take place. Mr. Powell explained that this would be true in other areas but would be taken on an individual wetlands basis. He said some wetlands could "bounce" two (2) to three (3) feet but the wetlands near the Cunninghams would not be one such area. Council Member Kuether asked if there would be a guarantee for the Cunninghams. Mr. Powell said that the developer would be held to the RCWD and City requirements and those requirements control the rate of runoff to pre-existing conditions. He explained that the down stream concerns noted in the drainage study such as obstructions which are backing the water up may be taken care of too. The developer will be held to all of the requirements of the RCWD. The RCWD and the City of Hugo are aware of the concern about the "bounce" in the wetland area. Mr. Schumacher explained for clarification reasons, that what is being consider is a preliminary plat. He asked if the plat proceeds final plat approval, what additional information would the developer provide to address the Cunningham issue as it relates to the RCWD. Mr. Powell explained that there would be a detailed drainage study based on the final grading plan for the subdivision. All the detailed analysis would be done which would evaluate the ponding, the rate of runoff, and the exact routing PAGE 15 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 of the flow from the subdivision. All this additional information would be put in context with fitting in with the overall drainage study which was prepared by the City of Hugo. Mr. Schumacher explained that more detailed information would be available to the property owners. Council Member Bergeson asked Mr. Powell to state the regulation regarding predevelopment runoff and post development runoff. Mr. Powell explained that the rate of runoff is controlled to predevelopment conditions. This means that if a landowner had a stream of water flowing through his property before development, that same stream of water would still be flowing through his property after the development is completed. The only difference is that the stream may flow longer than it did before the development occurred. Mr. Powell explained that predevelopment is evaluated based upon existing topography and where the water is currently draining and postdevelopment with the added roof tops, driveways and roadways would have to be routed through storm sewers and ponds in order to hold back until other drainage has time to clear the drainage way or ditch. The volume of runoff may increase but the rate of runoff will not increase. Mr. Powell explained that he spoke to Anoka County Highway Department last week. Their 1995 construction plan includes plans to overlay Otter Lake Road. Bids for this improvement will be taken this spring. County funding requirements could cause a delay in this play. Currently an overlay of Otter Lake Road from County Road J to County Road 14 (Main Street) is included their 1995 construction plans. Acting Mayor Neal asked what would happen if the Cunninghams placed a dike around their property or dug a ditch around their property. Mr. Powell said that the RCWD would be involved because such action would impact other neighboring property. He noted that the City has to rely on the RCWD to control the overall drainage plan for the area. Mr. Schumacher summarized by noting that the Planning and Zoning Board has held a public hearing on the request for a rezone and preliminary plat approval. At the last Council meeting additional input was taken from the public because some of their questions were still unanswered and a special work session was held with staff and residents last Wednesday evening. Mr. Schumacher said that on the agenda tonight are two (2) items for Council action, Ordinance No. 01 - 95, rezoning Clearwater and a preliminary plat approval request. He asked that the Council take action on the SECOND READING of Ordinance 01 - 95 first and then take action on the preliminary plat approval. PAGE 16 1 181 COUNCIL MEETING FEBRUARY 27, 1995 Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 01 - 95 rezoning the Clearwater Creek area from Rural (R) to Single Family Residential (R-1). Council Member Bergeson seconded the motion. Council Member Bergeson noted that a couple of residents who spoke under open mike requested that the City Council comment on why they were voting either yea or nay. He said the Council received a report on the neighborhood meeting with the names of those attending and was surprised to see that there were more people attending that did not live in the neighborhood than did live there. Council Member Bergeson said he thought the purpose of the neighborhood meeting was for the people who live in the neighborhood and people who own property there to talk with the developer and engineers and exchange information. He said if that had been a meeting regarding his neighborhood he would have been a little upset that all the other people showed up. Council Member Bergeson said he wanted to make the point that the request before the City Council is not a 456 homes, it is a rezone request and preliminary plat request for 153 homes. Obviously the developer would like to expand beyond this but there is no guarantee that this will happen. Council Member Bergeson felt that it is curious that people who are not engineers seem to know more than the engineers. He said the City Council must rely on the experts who have worked on this project regarding the adequacy of the sewer forcemain. Council Member Bergeson explained that the City Council has reports from engineers that this forcemain is adequate to handle 153 connections and possibly 450 connections. He said again the City Council has to rely on the engineers regarding the adequacy of Otter Lake Road and not opinions of persons who are not engineers. The engineers say that this road is adequate to handle the additional traffic. Council Member Bergeson referred to the wetland delineation and noted that the RCWD has reviewed the developer's delineation and approved it. He noted that in terms of regulatory agencies, they are one of the toughest agencies that the City deals with. If they feel that the wetland delineation is adequate, the City Council should rely on their expertise. Council Member Bergeson felt that drainage is a legitimate concern and if the rezone request is approved, further requirements could be added to the motion for approval of the preliminary plat such as cleaning the ditch. He said compatibility with adjoining land uses was also a concern. He felt that disclosure about neighboring uses is not a warning to prospective buyers, the concept is full disclosure by the builders and developer. A similar requirement was approved by the City Council in the area of the Lino Air Park. The builder and developer agreed to disclose this information. That does not PAGE 17 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 mean that the uses are incompatible but that homeowners are made aware of the uses of adjoining properties and that the people who own the adjoining properties also have certain rights. Council Member Bergeson explained that staff has already pointed out the findings of fact such as the request is consistent with the Comprehensive Land Use Plan, consistent with present and future land uses, and performance standards of the preliminary plat comply with all current City standards. He noted that it is unusual for a preliminary plat to conform to all City standards because of all the wetland regulations. Some preliminary plats do have some undersized lots and some variances are needed. It is important to note that no variances have been requested for the preliminary plat Clearwater Creek. Council Member Bergeson commented on other findings of fact such as the preliminary plat can be accommodated by existing City services. The school district situation was discussed and Council Member Bergeson noted that not all new homes are a drain on a school district. The taxes collected on a $70,000.00 or $80,000.00 new home may cause a drain on a school district because on the average the taxes collected on these homes will not cover the cost of the students who come from that home. However, a home valued higher than $150,000.00 is a plus for a school district. On the average these homes generate more taxes than are spent to supply services to that home. The comment was made that this matter was denied by the Planning and Zoning Board. This is true, however it was defeated on a four (4) to three (3) vote and that is as close to a tie vote as you can get. Mr. Mesich outlined his reasons why the matter should be denied and was very careful to stick to the requirements. However after reading the minutes from that Planning and Zoning Board meeting, it appeared that some other members did not follow the same logic and that they may have voted in terms of their view of what the pace of development should be in Lino Lakes and that is beyond the scope of the Planning and Zoning Board. Their responsibility is to make sure that the development is technically correct. Council Member Bergeson said that from what he has seen, he believes that the proposed development is technically correct. Council Member Elliott noted that Mr. Emmerich owns the land and legally he has the right to develop it. It does open the corridor that is needed for commercial growth and if the City Council is going to be responsible for the entire City, the Council has to look for commercial growth to take the burden off of the taxpayers. Council Member Elliott noted that she lives on Otter Lake Road and will have all of the cars "zooming" up and down her side yard. She said she would love to see the area remain rural. However, she does not own the land and to be legally responsibe she has to approve everything about the PAGE 18 1 8 1f5 3 COUNCIL MEETING FEBRUARY 27, 1995 proposed development. The City Council has all the information and there is no reason to deny it. Council Member Elliott explained that she has talked to one Planning and Zoning Member who did vote against the development and believes this members concerns have been taken care of and if this matter were to be returned to the Planning and Zoning Board, she felt that it would not be denied. Council Member Kuether agreed 100% with Council Member Bergeson and Council Member Elliott. She said the Council has to be concerned about commercial development and the City Charter makes commercial development very hard to do. The City cannot on a "whim" throw sewer and water in the ground. It takes a lot of planning to bring a large business to Lino Lakes and Lino Lakes needs this planning. Council Member Kuether said that the City Council does listen to all the concerns of the residents next to any development, however, the City Council must still act responsibly and hoped that the residents would understand. Acting Mayor Neal said a little more than a year ago, a company approached the City and asked to place a mobile home park in the area where this development is planned. He went and talked to some of the residents in the area and they said that they did not want a mobile home park in their area or commercial development in their back yard but did want houses. Council Member Neal also said that the developer does have a right to develop as long as that it is done legally. He said he still is concerned about the wetlands and the Cunningham's pasture. There has been no guarantees however, the matter will be addressed in the final plat. Council Member Bergeson explained that another concern discussed at the previous Council meeting was in regard to is this "leap frogging" or is this out of sequence in terms of development. He explained that we usually think of development coming from the south to the north and filling in etc. He said this would depend on how one looks at the matter. Council Member Bergeson said it is true that the area to the south is not completely developed but if you look from the direction of CSAH 14 (Main Street) south, there is commercial development up until about 200 feet of Cedar Street. Council Member Bergeson said he did not think this development would be "leap frogging" but would be a logical extension of development going out in rings from the I35E intersection. Acting Mayor Neal called for the question. On a roll call vote, all Members voted aye and motion carried unanimously. Ordinance No. 01 - 95 can be found at the end of these minutes. PAGE 19 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 Consideration of Preliminary Plat, Clearwater Creek - Mr. Brixius asked that the motion to approve the preliminary plat include the 11 conditions that are listed in the February 24, 1995 Northwest Associated Consultants (NAC) report. He also suggested that if the Council so desires, item No. 12 could be added requiring the developer and the builder to disclose adjoining land uses. Council Member Bergeson moved to approve the preliminary plat of Clearwater Creek subject to the 11 conditions outlined in the NAC report dated February 24, 1995 plus a 12th condition that the developer either independently or through the RCWD be responsible for cleaning the culvert under Elmcrest Avenue and a 13th condition that the developer or builder disclose the adjoining land use (horse hobby farms) to each purchaser of every lot. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Consideration of Conditional Use Permit, Kids at Heart Child Care, 7330 Lake Drive - Ms. Wyland explained that the Kids at Heart Child Care Center is located at 7330 Lake Drive in the Gethsemane Methodist Church building. They have been at this site since January, 1992 and hold a license from the State of Minnesota for 35 children. Recently a request was submitted to the State to increase the number of children to 42. The breakdown is as follows: 20 Pre -School Children 15 School Age Children 7 Toddlers 2 1/2 to 5 years of age 5 to 12 years of age 16 months to 2 1/2 years old The Methodist Church's property is zoned Medium Density Residential (R-3) and the Zoning Ordinance provides for day care nurseries (15 children or more) with a Conditional Use Permit. The City staff was asked to review the child care center as a result of the request to increase the number of children to 42. In the review process it was determined that the facility was originally licensed by the State, however a Conditional Use Permit was never required by the City. The applicant has now been required to obtain the necessary Conditional Use Permit. Space has been provided within the church building for a play/fellowship area, nursery, kitchen and rest rooms. A fenced playground on the site is used for outdoor recreation. There are currently four (4) full-time employees and two (2) part-time employees. The facility is open from 6:00 A.M. to 6:00 P.M. Parking in the church parking lot is more than adequate to serve this use. The State Licensing Division, the Fire Marshall, the Building PAGE 20 1 8 4 18':' COUNCIL MEETING FEBRUARY 27, 1995 Inspector any Ms. Wyland have inspected the site and find it to be in compliance with all applicable requirements. The Conditional Use Permit will be subject to various State Inspections and City review on an annual basis. The Planning and Zoning Board held a Public Hearing on February 8, 1995. Condition No. 4 was added as the result of neighborhood concern regarding drainage on the church property. The Planning and Zoning Board and staff recommend approval of the Conditional Use Permit with the following conditions: 1. A license from the Minnesota Department of Human Services be maintained at all times. 2. Access to the premises be provided upon notification of annual and periodic inspections from appropriate City staff. 3. An increase in the number of children to be served in the facility will require modification of the license from the State. Staff would require notification of any increase and inspection by the Building Inspector and Fire Marshall to determine adequacy of structure but waive the requirement of an Amended Conditional Use Permit. 4. Staff is to review drainage and grading issues on the church property in the spring. Acting Mayor Neal asked if the drainage concerns are the result of a baseball diamond that was constructed during summer of 1994. Ms. Wyland said yes. Acting Mayor Neal asked Ms. Wyland to explained the inspections of the premises. Ms. Wyland explained and noted that all of the inspections are performed annually. Council Member Kuether moved to approve the Conditional Use Permit subject to the four (4) provisions listed above. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, IMPROVEMENT OF WOODS OF BALDWIN LAKE, SECOND ADDITION, JOHN POWELL Mr. Powell used the overhead projector and displayed a map of the area to be platted into the Woods of Baldwin Lake, Second Addition. He explained that the preliminary plat was approved with conditions by the City Council on October 24, 1994. In response to a petition received by the City from the property owners within the project area, a report has been prepared evaluating the feasibility of installing public improvement to PAGE 21 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 serve the area. These public improvements would include sanitary sewer, watermain, storm sewers, and streets. The information contained within the report will be presented at this time and the City Council should take public input. Mr. Powell explained that utilities would be extended west from an existing manhole along White Pine Road to Baldwin Lake Road and south on Baldwin Lake Road to the south end of Woods of Baldwin Lake Road, Second Addition. In addition utilities would be extended west from an existing manhole on Woodridge Lane to Baldwin Lake Road. The watermain would be extended to complete a "looping" of the water service in this area. A water storage pond will be located at the northeast corner of Baldwin Lake Road and Woodridge Lane. Other utilities include construction of streets, curbs and gutters. A property owner, Mr. Thompson, west of Baldwin Lake Drive, expressed a concern during the preliminary plat process regarding where water runoff from the subdivision would be eventually go and a culvert across Baldwin Lake Drive. Mr. Powell pointed to a dark line on the map north of Woodridge Lane and explained that this represents a storm sewer collecting drainage from the roadway and depositing it across the street to the east in a ponding area. He noted that a detailed grading plan has not been presented by the developer, and said he envisioned this to be an overflow over the roadway to the west and no direct culvert would be installed. Mr. Powell explained that staff is pursuing from RCWD flexibility on whether a street section not including curb and gutter would be acceptable from a drainage standpoint. He said that curb and gutter allows water on a roadway to be collected and routed to a pond before it is discharged to the ultimate downstream conveyance area. This plan would allow the roadway to be constructed to the standard City section which includes five (5) inches of Class #5, two (2) inches of bituminous base and one and one-half (1 1/2) inches of bituminous wearcourse. If curb and gutter is not constructed, the amount of grading adjacent to the roadway would be lessened and also the impact on the adjacent properties. In response to a property owners concern on the north side of White Pine Road, there is a proposed six (6) foot jog to the south, in the roadway (not the easement) beginning at the existing curb and continue to the west to Baldwin Lake Road. The right-of-way remains unchanged. This alignment is acceptable to the City Utility Foreman. It still allows room for installation of private utilities on the boulevard. The preliminary cost estimates have been prepared and were outlined by Mr. Powell. The cost estimates includes providing utility stubs for property owners outside of the proposed subdivision. This action would eliminate the need to disturb the PAGE 22 1 Fs 6 187 COUNCIL MEETING FEBRUARY 27, 1995 roadway if an adjoining property owner decided to develop his land. The total project costs are estimated to be $229,764.00. The proposed assessment is estimated to be $301,113.67 and will be distributed equally on each lot. The proposed time table was also outlined by Mr. Powell. The plan is to begin construction by May 1, 1995 and complete construction in midsummer. Council Member Bergeson asked why a decision has not been made as to whether or not Baldwin Lake Drive can be reconstructed without curbs and gutters. Mr. Powell explained that although staff believes that reconstruction of the street can be done without curbs and gutters, a request has not been submitted to the RCWD for final approval. This request will be included with the final plans and specifications that are forwarded to all reviewing and permitting agencies. Acting Mayor Neal opened the public hearing at 8:08 P.M. Mike Strecker, 84 White Pine Road - Mr. Strecker gave the City Council a packet containing pictures and information regarding his property. He used the overhead projector and addressed the six (6) foot shift in the roadway in front of his property. Mr. Strecker noted the location of several mature trees on the right- of-way in front of his house and explained that if the road continues to Baldwin Lake Drive as planned these trees will be removed. He requested that the City consider a plan to shift the road back to the center of the right-of-way as it approaches his property line. Mr. Strecker said that the trees could be saved if this plan were approved. He felt that the trees add value to the neighborhood and should be preserved. Mr. Strecker said that the neighborhood is developing because it is natural and wooded. Mr. Strecker said he felt that the first shift to the south is necessary however if the roadway is not shifted back to the center of the right-of-way, not only the big trees at the corner of his lot would be lost, but other trees will be damaged by the construction and will probably die. He noted the pictures he had given to the City Council showing the location of the trees he wanted to save. Mr. Strecker gave a detailed report on how the shift back to the center of the right-of-way could occur and what the results would be. Acting Mayor Neal asked Mr. Strecker what his neighbor across the street felt about this proposal. Mr. Strecker said his neighbor is in the audience and could answer this question however, he would have a larger front lawn because the roadway would run at an angle until it reaches the west end at Baldwin Lake Road. Mr. PAGE 23 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 Strecker noted that there are no trees on the neighbors side of the easement that would be disturbed by the construction. Mr. Powell presented an overhead showing an engineer's rendering of the proposed area of construction. He noted White Pine Road going west out of the Woods of Baldwin Lake, the road shifts six (6) feet to the south and continues on this alignment to the intersection of Baldwin Lake Road. He said he disagreed with Mr. Strecker noting that his proposal is a major two (2) direction change in the roadway. Mr. Powell said he is more concerned about the utility construction for the area. He explained that if the utility lines are constructed as they normally are, they would be centered underneath the roadway. Where the roadway is shifted south, the reconstruction of the slope would bring the area of construction to the base of the trees located on the corner. Mr. Powell explained that with the amount of utility excavation that will take place at the base of the trees, particularly the two (2) trees on the corner, they would not survive and would have to be removed in the future. He further explained that he has looked at keeping the roadway shifted to the south as planned but keeping the utilities in the center of the right-of-way. However, the utility trenches will require a certain slope and construction will still be within four (4) or five (5) feet of the trees. This is still not enough distance to preserve the trees. He said that the placement of utilities require the use of the entire right-of-way. This makes it more imperative that the roadway be constructed with only one shift to the south. Mr. Strecker said he disagreed with Mr. Powell's comments about the change in direction of the road. He felt the "curvy" road would help in slowing down traffic and would add aesthetic appeal to the area. He felt that the road to the south was much more "curvy" than what he has proposed for White Pine Road. Mr. Strecker explained that the roadway has in part kept the tree roots from growing underneath the roadway because roots are always seeking water. He felt the trees would not be greatly affected by the excavation because the roots are growing away from the road. Mr. Strecker said preserving trees is important on any project. He said trees in North Oaks and Minnetonka are left within the roadway. He also noted that "curvy" roads are constructed in these two (2) areas. Mr. Strecker agreed that the trees were not on his property, they are on the right-of-way. He felt that the City should consider saving the trees to preserve the nature of the area. Acting Mayor Neal asked if the City has a tree board. Mr. Powell noted that all projects of this nature are reviewed by the City PAGE 24 1 8 (� 189 COUNCIL MEETING FEBRUARY 27, 1995 Forester Marty Asieson. Mr. Strecker explained that he had talked to Mr. Asieson today. He said Mr. Asieson expressed concern that he has not been approached about this earlier. Mr. Powell explained that generally at this stage in a project, Mr. Asieson would not be involved on a detailed review. He did visit the site with Mr. Asieson this afternoon and looked at the two (2) oak trees that have to be removed. Mr. Asleson expressed concern regarding excavating over 40% of the tree roots within the drip -line. Mr. Strecker said he knows that this is true, however, he felt that the 40% being excavated is blacktop and the tree roots would not be there but in his yard. Mr. Powell explained that the excavation will extend to almost the base of the trees and felt the impact on the trees will be significant. He also noted that the two (2) trees will impact the sight line at the intersection. The current City standards require that trees not be planted within 30 feet of an intersection to keep sight -lines open. Mr. Powell also noted that there are a number of "curvy" streets in this City however, this particular curve ends at the intersection of another street creating a 90 degree angle. He explained that typically a street would not be shifted one way and then shifted back again within 400 feet. Acting Mayor Neal asked for a report from Mr. Asieson on this matter. Mr. Strecker said that even if the two (2) oak trees on the corner are not saved there are several trees growing on the property line that have not yet matured that will be affected by the utility construction. He felt that all the trees would eventually die and asked that these trees also be protected. Mr. Powell said that typically in a project such as this, staff would meet with the City Forester and identify all trees endangered by the proposed utility construction. If there are any trees on the right-of-way encroaching as much as the two (2) oaks on the corner, they will probably be removed at the same time. This situation will be evaluated with the City Forester. Brian Zewers, 6307 Baldwin Lake Road - Mr. Zewers lives on the north side of White Pine Road where the new road will jog to the south. He pointed out a house that is very close to the proposed alignment of White Pine Road. He felt that the new road will be very close and cause a problem if White Pine Road is extended west beyond Baldwin Lake Road. Jim Massa, 6301 Baldwin Lake Road - Mr. Massa asked if a connection for utility services will be constructed for his lot. Mr. Powell said yes, each lot will have a utility connection, however the properties will not be assessed until they petition for connection to the services. Mr. Massa said that he preferred PAGE 25 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 that the jog in the road proposed by Mr. Powell be accepted. Mr. Strecker asked if he could determine the location of the utility connection for his lot. Mr. Powell said yes within reason. John Thompson, 6125 Baldwin Lake Road - Mr. Thompson noted that he owns all the property that is directly west of the proposed Woods of Baldwin Lake, Second Addition. He said it appears that the storm sewer proposed for Baldwin Lake Road is stubbed to the west and to the east into the pond. Mr. Thompson asked what will happen to the storm water directed to the west. Mr. Powell explained and referred to the plat and noted that this plat shows two (2) catch basins in the roadway to catch the roadway drainage. This drainage would be directed to the east and into the pond. Mr. Thompson said that there still is talk about a concrete curb on the west side of the street and asked if a catch basin would be needed to catch the runoff from the curbing. Mr. Powell said no if the curbs on both the west side and/or east side of the road are deleted. The existing drainage pattern would be maintained. Mr. Thompson noted that the total cost to install services and streets for the proposed subdivision is approximately $300,000.00. Mr. Powell said that this would be the total assessment. Mr. Thompson asked if the $300,000.00 would be divided by the number of lots in the final plat to get a per lot cost. Mr. Powell explained that each lot would bear the cost of construction plus area and unit fees as well as a area drainage fee. Mr. Thompson asked if he wanted to develop some lots on his side of the street, would the assessment be approximately the same rate as on the lots in this proposed subdivision. Mr. Powell explained that any lot developed outside of the subdivision would pay the standard rates. Mr. Powell quoted the current standard rates. Mr. Thompson said then it appears that any lot assessment that he might incur would not be based on the developers assessment. Mr. Powell said that this is correct and explained an amendment to the City's assessment policy that says if utilities are extended past your property to serve a new subdivision and your property can not be subdivided, you may connect to the utilities and be assessed the current standard rates for the normal front footage in that particular zone. Council Member Kuether moved to close the public hearing at 8:32 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 26 Ordering Plans and Specifications for Woods of Baldwin Lake, Second Addition - Mr. Powell explained that a feasibility report has been prepared for PAGE 26 101 COUNCIL MEETING FEBRUARY 27, 1995 this project and the public hearing has just been completed. He explained that preparation of plans and specifications can begin upon receipt by the City Council of adequate financial security from the developer. The developer is willing to present the financial security immediately to keep this proposed improvement project moving forward. Mr. Powell also explained that the City cannot order the project for 60 days, however the developer will be submitting a waiver of 50 of the 60 days. If the waiver is received, the City Council can order the project at the March 13, 1995 Council meeting. Council Member Kuether moved to adopt Resolution No. 95 - 26 Ordering Plans and Specifications for Woods of Baldwin Lake, Second Addition and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 26 can be found at the end of these minutes. Consideration of Resolution No. 95 - 24 Setting Public Hearing to Vacate a Certain Drainage Easement on Lots 5 and 6, Block 2, Rohavic Oaks, Second Addition - Ms. Wyland explained that the vacation of a drainage easement through Lots 5 and 6, Block 2, Rohavic Oaks, Second Addition is necessary to clear the title for these two (2) properties. This easement was recorded as the southwesterly 15 feet of Lot 17, Block 2, Rohavic Oaks which was subsequently replatted as a portion of the Rohavic Oaks, Second Addition and never vacated when the new plat was approved. The City Attorney has recommended that this item be continued to the March 27, 1995 City Council meeting. Notification in the legal newspaper referenced a St. Paul Water Utility easement when, in fact, this easement relates to a City of Lino Lakes easement for drainage purposes. At this time it would be appropriate for the City Council to adopt the attached Resolution No. 95 - 24 setting a public hearing for Monday, March 27, 1995, 6:30 P.M. to consider the vacation of this drainage easement. Council Member Kuether moved to adopt Resolution No. 95 - 24 Setting Public Hearing to Vacate a Certain Drainage Easement on Lost 5 and 6, Block 2, Rohavic Oaks, Second Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 24 can be found at the end of these minutes. FIRST READING, Ordinance No. 02 - 95 Amending the Zoning Code, B1, Subd. 29. Fences and Walls Provision - Ms. Wyland explained that the Building Inspector and other City Staff have reviewed PAGE 27 1 COUNCIL MEETING FEBRUARY 27, 1995 the existing fence ordinance and have proposed the following changes: A. Change the ordinance to allow.a six (6) foot fence to be installed from the front of the home to the rear property line. The existing ordinance provides for a six (6) foot fence from the back of the house to the rear property line. B. Change the requirement providing for 30% of open area to 10%. This change would allow purchase of standard types of privacy fences offered for sale at Knox, Mennards, etc. C. Clarify the section relating to the side of the fence considered to be the face. Ms. Wyland said that staff has reviewed the fence ordinance in several adjoining communities including White Bear Township, New Brighton, Arden Hills, Circle Pines, Blaine, Hugo and Forest Lake. These ordinances were reflective of the changes staff is proposing. The Planning and Zoning Board held a public hearing on February 8, 1995 and recommended approval of the proposed ordinance. Acting Mayor Neal asked what this type of fence would be used for. Ms. Wyland said it would be used for privacy and for dog kennels. She noted that staff has received numerous requests to change the City fence ordinance. Council Member Bergeson asked about corner lots. Ms. Wyland explained that fences would be required to maintain a specified height distance to maintain the sight line. Mr. Brixius explained that at all times, fences in the front yard are limited to a four (4) foot height and a greater open area is also required. Anytime a rear yard abuts someone's front yard then the four (4) foot restriction would apply to preserve the visibility. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 02 - 95. Council Member Bergeson seconded the motion. Motion carried unanimously. The SECOND READING of this ordinance will be on the next Council agenda. Consideration of MUSA Comprehensive Land Use Plan Amendment - Ms. Wyland used the poster board to display a map of the proposed MUSA changes. She noted that the City Council has received a detailed MUSA Amendment Report prepared by Northwest Associated PAGE 28 193 COUNCIL MEETING FEBRUARY 27, 1995 Consultants. The report outlines the technical aspects of the amendment and the methods used to obtain the data contained in the report. Ms. Wyland said that additional information includes a map outlining, in shaded cross -hatch form, those areas staff is recommending be included in the designated growth area. The growth areas are in the vicinity of existing utilities. A neighborhood meeting was held for property owners within the designated growth area. Approximately 30 property owners attended the meeting. Some property owners expressed interest in being included in the growth areas and others indicated a desire to be excluded. To facilitate those property owners not wanting their property included in the growth areas, the map was revised and properties deleted from the growth area as requested. A copy of the revised map was enclosed in the Council packets for their review. Ms. Wyland noted that the growth which would equal an upland area the total 775 acres shown in the are actually about 450 buildable areas. area is a total of 775 acres of approximately 450 acres. Of growth areas on the map, there acres after removal of wetland Ms. Wyland noted that three (3) tables have been prepared outlining the following: Table 1 - Breakdown of acreage within the City according to various categories and an explanation of those categories. Table 2 - Breakdown of acreage within the City. Table 3 - Inventory of upland acres with the growth area. The Planning and Zoning Board held a public hearing on February 8, 1995 to review the MUSA Comprehensive Plan Amendment and recommended approval of the Amendment on a four (4) to two (2) vote. Mr. Schones and Mr. Landers vote no. Ms. Wyland said that staff is asking the City Council to authorize staff to pursue the MUSA Comprehensive Plan Amendment with the Metropolitan Council staff. Council Member Bergeson noted that at the last Council work session, staff presented a related item for Behm's Century Farms. Ms. Wyland explained that a letter has been received from Mr. Uhde, the developer of Century Farms which encourages the City Council to act on this MUSA amendment and advising staff that he PAGE 29 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 will be asking for a land exchange in conjunction with the preliminary plat that is scheduled to be reviewed by the Planning and Zoning Board in April, 1995. Ms. Wyland said that the Metropolitan Council has up to 90 days to review a MUSA amendment. With a MUSA amendment such as what Mr. Uhde is requesting, it is possible that Metropolitan Council review could take a much shorter period of time. Ms. Wyland explained that Mr. Uhde, in the interest of developing his land this year, would like to pursue the land exchange mentioned in his letter. Council Member Bergeson noted that at the Council work session some on the staff was going to check with the Metropolitan Council to see if there would be any adverse affect if both amendments were pursued at the same time. Ms. Wyland said she talked to two (2) persons at Metropolitan Council who will be responsible for reviewing the City's MUSA Comprehensive Plan Amendment. Both persons indicated that two (2) MUSA amendments filed separately but at the same time, would not have any bearing on the review of the larger amendment. Council Member Elliott moved to authorize staff to pursue the MUSA Comprehensive Plan Amendment with Metropolitan Council staff. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 22 ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW, POST #6583, CHIEF DAVID PECCHIA Chief Pecchia explained that commencing in 1995, the Lino Lakes Police Department began teaching the D.A.R.E. Program in the local elementary schools. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E. Program will become totally funded through donations from the community. The Ladies Auxiliary, Circle -Lex VFW Post #6583 is aware of this goal and has donated $1,000.00 toward the cost of administering the Program in the elementary schools. The purpose of Resolution No. 95 - 22 is to publicly thank the ladies Auxiliary for their generous donation. Council Member Kuether moved adopt Resolution No. 95 - 22 accepting the donation and expressed her thanks. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 22 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 23 DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG) FOR 1995/1996, RANDY SCHUMACHER PAGE 30 19 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Schumacher explained that CDBG funds are federal funds administered through Anoka county for which the City is able to distribute to local organizations for services. These organization must generally provide assistance to the elderly, disabled or low to moderate income residents. The City Council discussed this matter at the last regular Council meeting and a public hearing was held earlier. The City has received a variety of applications from eligible organizations including ACCAP, Alexandra House, Community Emergency Assistance Program (CEAP), Forest Lake Youth Service Bureau (YSB), Meals on Wheels, as well as the Lino Lakes Senior Program and the Lino Lakes Land Use Housing Need/Economic Development Impact Study. The City Council at the last regular meeting asked staff to do some additional research regarding the impact on the community by each organization. Ms. Schloer had completed this additional research and included the information in the Council packets. Mr. Schumacher presented his recommendations which are based on the research by Ms. Schloer and Council recommendations from the previous Council meeting. He explained that there is $8,500.00 from an older CDBG program that has not been spent. He explained that the dollars not used in the older program must be used by June, 1995 or turned back to the County. Mr. Schumacher proposed that the Land Use Housing Need/Economic Development Impact Study be funded by $5,000.00 from the older program and $10,000.00 from the 1995/1996 CDBG program. Mr. Schumacher read his recommendation: ACCAP $3,500.00, Alexandra House $5,000.00, Community Emergency Assistance Program, Inc. $1,000.00, Forest Lake Youth Service Bureau $2,000.00, Meals on Wheels $1,500.00, Lino Lakes Senior Coordinator $14,601.00, Land Use Housing Need/Economic Development Impact Study $10,000.00. Council Member Elliott moved to adopt Resolution No. 95 - 23 Designating Community Development Block Grant Funding for Years 1995/1996. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF DESIGNATING LEGAL DEPOSITORIES, RANDY SCHUMACHER A list of depositories presently used by the Finance Department was included in the Council packets. These depositories are agencies with which the City invests its funds and maintains a checking and savings account. The City is required to appoint and/or reappoint depositories annually. Council Member Kuether moved to approve the list of depositories as presented by the Finance Department. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 31 1 1 1 COUNCIL MEETING FEBRUARY 27, 1995 CONSIDERATION OF AWARDING BIDS FOR DUMP TRUCK, RANDY SCHUMACHER Mr. Schumacher explained that the purchase of a replacement dump/snow plow truck was budgeted in the 1995 budget. The purchase is accomplished in two (2) steps. First the cab and chassis is bid. The City Council has already awarded bids for this step. The second step is the bidding for the dump box, hydraulic and snow plow equipment which will be installed on the cab and chassis. Mr. DeWolfe has received three (3) bids for the dump box and hydraulics and three (3) separate bids for the snow plow equipment. J -Craft, Inc. is the low bidder for all the equipment. Mr. DeWolfe recommended that the City Council award both bids to J -Craft, Inc. The low bids are $12,541.00 for the dump box and hydraulics and $12,521.00 for the snow plow equipment. Council Member Kuether moved to approve the recommended by Mr. DeWolfe. Council Member motion. Motion carried unanimously. two (2) low bids as Elliott seconded the CONSIDERATION OF APPOINTMENT OF COUNCIL LIAISONS, RANDY SCHUMACHER Mr. Schumacher appointment of their February were discussed should be made explained that the City Council discussed the liaisons to various departments and committees at 22, 1995 work session. The following committees and it was decided that liaison appointments as follows: Solid Waste Committee Police Department Star City Program Government Efficiencies Program - Council Member Elliott Council Member Neal Council Member Kuether Council Member Neal At the work session Mayor Reinert suggested that Mr. Schumacher and Mr. Tesch form a committee to assist Council Member Neal with the Government Efficiencies Program. Council Member Elliott moved to set the committees as discussed and noted above. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS PAGE 32 1 9'� �J COUNCIL MEETING FEBRUARY 27, 1995 Verbal Update, Senior Housing, Randy Schumacher - Mr. Schumacher explained that the developer of the senior housing planned for the west side of St. Joseph Catholic Church has now received the federal tax credits and plans to start construction in 1995. There has been some delay in this matter due to changing some of the structural design. Also the federal tax credits are for 48 units, not the 96 units originally proposed. The balance of the property will be developed into 10 single family homes. The First Bank is still involved in the project. However, since the City Council last saw the proposal, interest rates have risen. The developer is looking for other financing in an effort to keep the rents affordable. He will have further information to Mr. Schumacher by March 7, 1995. Council Member Bergeson noted that the original City subsidy was based on 96 units. He asked if the number of units are reduced, will the City subsidy also be reduced. Mr. Schumacher said yes. He explained that he did review the latest proposal to be sure that this is the case. Mr. Schumacher also noted that there will be no City subsidy for the single family homes. No action was needed on this matter. NEW BUSINESS Set Public Hearing to Redesignate Community Development Block Grant 6:40 P.M. Council Member Elliott as noted. Council Member Kuether carried unanimously. a Portion of the 1994/1995 for Monday, March 27, 1995, moved to set the public hearing seconded the motion. Motion Council Member Elliott moved to adjourn at 9:04 P.M. Council Member Bergeson seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the City Council on March 13, 1995. Marilyn/ G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 33 1 1 1 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 1 - 95 AN ORDINANCE AMENDING ORDINANCE NO. B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL (R) TO SINGLE FAMILY RESIDENTIAL (R-1), CLEARWATER CREEK The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. Bi of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from Rural (R) to Single Family Residential (R- 1) pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The NW 1/4 of the NE 1/4, the SW 1/4 of the NE 1/4, the SE 1/4 of the NE 1/4, Section 25, Township 31, Range 22, Anoka County except: The south 290.00 feet of the E 1/2 of the SE 1/4 of the NE 1/4 and the north 416.5 feet of the south 706.5 feet of the east 350 feet of said E 1/2 of the SE 1/4 of the NE 1/4, subject to Elmcrest Avenue on the East. All in Section 25, Township 31, Range 22, Anoka County, Minnesota. II. Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino Lakes this 27th day of February, 1995. Wesley A. ?deal, Acting Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken 1 c: ORDINANCE NO. 1 - 95 Page -2- thereon, the following voted in favor: Bergeson, Elliott, Kuether, Acting Mayor Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said ordinance was declared duly passed and adopted. 1 1 1 ,S t 2 Council Member Kuether introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 95 - 22 A RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW, POST #6583 FOR THE SUPPORT OF THE DARE PROGRAM WITHIN LINO LAKES AND RICE LAKE ELEMENTARY SCHOOLS WHEREAS, The Lino Lakes Police Department began teaching the D.A.R.E program in local elementary schools in January, 1995; and WHEREAS, The curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and WHEREAS, the Ladies Auxiliary VFW, Post 6583 was made aware of the desire for the Lino Lakes Police Department to teach this program in the elementary schools and has donated $1000.00 to the City to defer the cost of this program. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $1000.00 to help fund the D.A.R.E. program and wishes to express its sincere gratitude and appreciation to the Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 27th day of February, 1995. Vernon F. Reinert, Mayor Marilyn G.- Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof. Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 95-23 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1995-1996. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1995-1996 in the amount of 837,601.00 (838,601.00 Tess 81,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach Program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its its goal of providing service to the communities youth, and WHEREAS, City Council supports the Meals on Wheels Program, designed to provide food to homebound seniors and handicapped individuals, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. funds since its inception, and WHEREAS, The City Council supports the continuation of the Land Use/Housing Need/Economic Development Impact Study (in coordination with the Comprehensive Plan update), and 2 Page 2 Resolution 95-23 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $3,500.00 of its 1995- 1996 C.D.B.G. Funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1995- 1996 C.D.B.G. Funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $ 1,000.00 of its 1995- 1996 C.D.B.G Funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $2,000.00 of its 1995- 1996 C.D.B.G Funds be designated towards the Forest Lake Youth Service Bureau. 5. That the Lino Lakes City Council hereby requests that $1,500.00 of it 1995- 1996 C.D.B.G Funds be designated towards the Meals on Wheels Program. 6. That the Lino Lakes City Council hereby requests that $14,601.00 of its 1995- 1996 C.D.B.G. Funds be used in support of the Senior Citizen Coordinator Program, designed to promote the center's activities, programs and general operation. 7. That the Lino Lakes City Council hereby requests that $10,000.00 of its 1995- 1996 C.D.B.G Funds be designated to the continuation of the City's Land Use/Housing Need/Economic Development Impact Study (in coordination with the Comprehensive Plan update). 8. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. 1 1 Page 3 Resolution 95-23 Adopted by the Lino Lakes City Council this 27th Day of February, 1995. Vernon Reinert, Mayor K. -7i 'l (:).- Marilyn �Marilyn 6. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. and the following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 9i H Council Member Kuether and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 95 — 24 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF A DRAINAGE EASEMENT ON LOT 5 AND LOT 6, BLOCK 2, ROHAVIC OAKS, SECOND ADDITION WHEREAS, a 15 foot wide drainage easement was recorded over the southwesterly border of Lot 17, Block 2, Rohavic Oaks at the time the plat was recorded, and WHEREAS, this portion of Rohavic Oaks has been replatted into Lot 5 and Lot 6, Rohavic Oaks, Second Addition and proper drainage easements were recorded over Lot 5 and Lot 6, Block 2, Rohavic Oaks, Second Addition at the time the plat was record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, March 27, 1995 at 6:30 P.M. to consider the vacation of the drainage easement as shown on the attached map. Adopted by the Lino Lakes City Council this 27th day of February, 1995. Vernon F. Reinert, Mayor Marilyn G'. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 RESOLUTION NO. 95 - 25 Page -2- 2. There is a wide range of Persons seeking to use Public Property and the Public Rights -of -Way to deliver video, voice and data services and all such Persons should be treated similarly by State and Local Authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local Authorities are well equipped to analyze and implement the needs and interests of the local citizen/consumer, and protect taxpayer's investment in Public Property and Public Rights -of -Way. CONCLUSIONS The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing Public Property and Public Rights -of -Way. 1. Obtain permits and comply with minimum state standards and existing local standards for use of Public Property and Public Rights -of -Way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Support community access to Emerging Communications Services. 4. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity being delivered on a city, county and school district specific basis as determined by Local Authorities. 5. Allow Local Authorities to receive compensation for use of Public Property and Public Rights -of -Way. The City further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforces compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of fees to compensate Local Authorities for both the use of and decrease in the value of Public Property and Rights -of -Way as a result of the construction of and occupancy by Emerging Communications Services. RESOLUTION NO. 95 — 25 Page —3- 3. Assures delivery of Emerging Communications Services to Local Authorities and School Districts. This resolution was adopted by the Lino Lakes City Council on the 27th day of February, 1995. Vernon F. Reinert, Mayor J Maril\yn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 25 RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the North Central Suburban Cable Communications Commission ("Commission") is a Joint Powers Commission organized pursuant to Minnesota Statute 471.59, as amended, and includes the following eight (8) municipalities: Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park (hereinafter "Cities"), and, WHEREAS, the Commission's Joint Powers Agreement, assigns to the Commission the responsibility to monitor the operation and activities of cable communications; to provide coordination of administration and enforcement of the cable franchise; to promote the development of locally produced cable television programming; and to conduct such other activities to insure equitable and reasonable rates and service levels for the citizens of the Member Cities and, WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications systems so that the Cities may achieve better utilization and improvement of public services and contribute significantly to the communication needs of its residents and, WHEREAS, in pursuit of these goals the Cities have granted to private interests the use of Public Property and Public Rights -of -Way. NOW, THEREFORE, at a regular meeting of the City Council of the City of Lino Lakes, the City has reviewed the proposed Minnesota Emerging Communications Services Act of 1995, and hereby endorses the proposed legislation and encourages its adoption by the Minnesota State Legislature for the following reasons: FINDINGS 1. Public Property and Public Rights -of -Way are valuable public assets and Local Authorities are entitled to ensure that the public is benefitted, compensated, protected and able to access and share in the use of any Emerging Communications Services that makes use of those Public Rights -of -Way by a private for-profit provider. Council Member Kuether t ii ked its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-26 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF UTILITY AND STREET IMPROVEMENTS FOR THE WOODS OF BALDWIN LAKE - 2ND ADDITION. WHEREAS, pursuant to Resolution No. 95-03 of the Lino Lakes City Council a report has been prepared with reference to these improvements detailing estimated construction costs and assessments, and WHEREAS, Resolution No. 95-04 of the City Council adopted the 23rd day of January, 1995, fixed a date for a public hearing on the proposed improvements. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held on the 27th day of February, 1995, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 27th day of Februa 1995 1)%v� l �t r ,fix, �. Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon. the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted.