Loading...
HomeMy WebLinkAbout01/27/1997 Council Minutes• COUNCIL MINUTES JANUARY 27, 1997 CITY OF LINO LAKES MINUTES DATE : January 27, 1997 TIME STARTED : 6:35 P.M. TIME ENDED : 9:20 P.M. MEMBERS PRESENT : Bergeson, Kuether (arrived at 6:45 p.m.), Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randall Schumacher; Assistant to the City Administrator, Dan Tesch; Community Development Director, Brian Wessel; City Engineer, David Ahrens; City Attorney, Bill Hawkins; Building Official, Peter Kluegel; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Bob Kirmis; and Clerk -Treasurer Marilyn Anderson. Mayor Landers noted that staff had requested Item 6F., Consideration of Resolution 97-12 Accepting Feasibility Report, Marvey Street Utilities, be removed from the agenda. Council Member Neal asked that Item 10E., County Library for Lino Lakes, be added to the agenda. The agenda was approved as amended. CONSENT AGENDA Council Member Neal moved to approve the consent agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM DISBURSEMENTS: January 27, 1997 Centennial Fire District, January 16, 1997 OPEN MIKE ACTION Approved Approved Sue Walseth, 1101 Holly Drive, stated she was concerned with Mr. Hokanson moving forward with Phase 2 and 3 of his development since to date no homes had been sold in Phase 1 of the development. Ms. Walseth said she had understood that a certain percentage of homes needed to be sold before the development could proceed to the next Phase. PAGE 1 COUNCIL MINUTES JANUARY 27, 1997 Mr. Ahrens explained that Mr. Hokanson had petitioned the City in June of 1996 to prepare the feasibility report for Phase 2 of the development. The City Engineer has prepared the report and it is now complete. The action requested of the City Council this evening is to receive the feasibility report and waiver of a public hearing. Mr. Ahrens stated he was not aware of an ordinance restricting the forward motion of the development. He explained phasing was utilized to define the limits of the project. Phase 1 contains 28 lots on one side of the property. Phase 2 will contain 44 lots on another area of the property. Council Member Neal stated he remembered something in previous discussions in regard to the phasing of this development. Ms. Wyland stated she did not believe there was any phasing required in this development. Ms. Walseth stated that the neighbors have been told over and over that this will be a gradual development which is done phase by phase. She stated she is disappointed and hopes the Council will consider that none of the lots of Phase 1 have even been sold. Ms. Walseth also noted concerns about the two (2) model homes in Phase I. There are supposed to be four (4) lots spaced evenly along her east border. It appears that five (5) homes will be constructed in this same area. She asked if something had been changed? Is denser housing being allowed. Ms. Walseth also noted the fence which had been installed at the edge of the property was falling over. She wanted it noted in the records that the entire 460 feet of fence will fall over this spring. Mr. Schumacher noted these were questions staff would need to research and answer and suggested Ms. Walseth contact Ms. Wyland tomorrow to obtain more accurate answers to her questions. Council Member Kuether arrived at the meeting at 6:45 P.M. Caroline Dahl, 1101 Holly Court, stated she had been under the impression that a developers agreement would have to be signed and a fence agreement put in place before Phase 2 was allowed to proceed. She noted there was nothing on the agenda about a developers agreement only a waiver of public hearing and consideration of the resolution. Mr. Ahrens noted the developers agreement had been discussed in great detail this past spring and summer. The fence is required to be installed prior to the homes being occupied by the new property owner. Mr. Hawkins stated he believed that was included in the written agreement as there was extensive negotiation regarding this development. Ms. Dahl stated she remembered that Mr. Hokanson was required to pay some type of fee. Mr. Ahrens noted Mr. Hokanson is paying an assessment on each lot for the installation of the street, watermain and utilities. PAGE 2 COUNCIL MINUTES JANUARY 27, 1997 Ms. Dahl noted the fence which was installed is toppling over. She stated this was a waste of • time and a waste of money and it has caused a lot of problems. • • No one else appeared under open mike. ECONOMIC DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Consideration of Resolution No. 97-15, Approving the Village Master Plan - Mr. Wessel reported the Village quadrant, which is the southeast quadrant of I/35W and Highway 49, of the Lino Lakes Town Center is an economic development initiative to develop a functional, aesthetically pleasing and profitable business center, civic center, and neighborhood. The Village is intended to embody the community's traditional values and provide civic identity and pride. Throughout the planning process the city has received strong support for the goals and objectives of this kind of development. Mr. Wessel noted the Metropolitan Council, State of Minnesota, Anoka County, Rice Creek Watershed District, landowners, developers, users, consultants, staff, and residents had participated in the planning process. Over 100 people were involved in the process. A committee comprised of representatives from each board and advisory group in the city has met regularly with master planner Dennis Grebner of Grebner Associates to define the necessary characteristics for development of the Village. Mr. Wessel stated he would like to offer special thanks for this effort to the landowners who participated in this effort specifically the Tagg's and Funkhauser's and the Rehbein's and also to the committee, specifically Bill Johnson, J.P. Houchins, Roger Jensen, Maureen Davidson and Betty Piper. The result is a mixed use development with diverse housing, a variety of shops, services, restaurants, recreation and entertainment, that also serves as the civic focus of the community. Approval of the Village Master Plan by the City Council is an opportunity to provide the city with a road map for development of Lino Lakes' major commercial areas, and an opportunity to respond to recommendations made during 20/20 Vision for quality development that enhances the city. Mr. Wessel noted this is a request for approval of the concept plan. The City Council will be involved with every decision as this plan moves through the implementation process. He stated he would request unanimous approval of this resolution to indicate the support necessary to move forward. Council Member Neal asked if the police department would be built now. Mr. Wessel stated the City Council will be responsible for the development of the city campus. If the police department is a city priority, it can be started after the concept plan is approved. Council Member Kuether noted this development will be done in stages and asked if the road will be angled in so that perspective builders can come in and look at the project. Mr. Wessel stated a temporary road will be created in the 1st plat in a preliminary fashion that will adjoin the existing road. PAGE 3 COUNCIL MINUTES JANUARY 27, 1997 Council Member Kuether asked if the Master Plan still included selective -type housing. Mr. Wessel stated it did but the housing is still a long way out in the schedule and would require a strong market study. Council Member Lyden stated he felt the housing issue was still in question. He felt there were still significant issues which needed to be resolved within this development. He stated he would like the City Council to meet and talk about the public improvements and specifically if there are funds available. Council Member Bergeson stated he felt it was important to establish the location of city facilities, which would be included in the development, in the initial design. Even if these facilities were not built immediately, they could be incorporated into the design. Council Member Lyden noted there may be a potential to add a public library or post office. Council Member Kuether moved to adopt Resolution 97-15. Council Member Neal seconded the motion. Upon roll call vote Bergeson, Kuether, Landers, Lyden and Neal voted aye. Motion carried unanimously. Resolution No. 97-15 can be found at the end of these minutes. CABLE TV REPORT, DAN TESCH Consideration of Resolution No. 97-13, Amending the North Central Suburban Cable Communications Commission Joint Powers Agreement / Consideration of Resolution No. 97-14, Amend Joint Powers Agreement to Transfer Community Programming from Meredith to North Central Suburban Cable Communications Commission - Mr. Tesch explained Resolution No. 97-13 will change the basis for calculating the total number of votes for a member city. It will revise the Commission to consist of council members from member cities as directors along with a staff member. It will also change the way affirmative votes are cast. These changes have been designed to prevent the occurrence of any one member having the ability to veto the actions of the remaining six cities. The Cable Commission, as well as the city administrators from the members communities have all had input into these resolutions. Mr. Tesch explained Resolution No. 97-14 will allow the transferring of community television responsibilities from Meredith Cable to the Cable Commission. Meredith will be transferring property, equipment, channels and PEG Fees to operate the endeavor. This transfer will become effective March 1, 1997. Mayor Landers asked which other cities are involved in this Commission. Mr. Tesch stated Centerville, Circle Pines, Spring Lake Park, Ham Lake, Lino Lakes, Blaine and Lexington are involved in the Commission. He noted Coon Rapids has left the Commission and will operate their cable on their own. Council Member Lyden moved to adopt Resolution No. 97-13. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 4 • • COUNCIL MINUTES JANUARY 27, 1997 Council Member Lyden moved to adopt Resolution No. 97-14. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97-13 and Resolution No. 97-14 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Rezone, Ordinance No. 01 - 97 and Minor Subdivision of Five (5) Lots on Lilac Street, Behm's Century Farm - Mr. Kirmis explained Mr. Gary Uhde has submitted an application on behalf of five property owners for minor subdivisions of five single lots into 10 single lots. Lots B, D, F, and J would be retained by the current property owners and Lots A, C, E would be purchased by Mr. Uhde. The Planning Commission originally heard this case in December of 1996, but tabled the request as they felt the approval of the minor subdivision request was a land use decision which could ultimately be construed as approval of a future rezoning request that would be necessary for development of the parcels. The applicant then properly filed an application for rezoning of the land in question. A variance is also required as there is no sanitary sewer at this time. The ordinance requires that an unsewered lot be at least ten acres. Mr. Kirmis explained the disadvantages to approval. Approval would increase the non- conformance of these currently non -conforming lots. The subject properties are currently not within the MUSA. Without resolution of the 1-35W/Highway 49 interchange issues through the Comprehensive Plan process, it is unlikely that the Metropolitan Council would allow for a MUSA expansion north of the Chain of Lakes. The only option would then be a MUSA land trade. The City does not have a definite schedule for the extension of utilities and development of the plat for this area. Mr. Kirmis explained the advantages to approval. This is a cooperative agreement between the property owners and developer which would result in a contiguous compatible land use pattern of the Behm's Century Farm subdivision. The proposed future subdivision would be consistent with the Comprehensive Plan. The ultimate development of the subject properties would be consistent and compatible with the existing and/or planned development area. The applicant will be responsible for costs for the sewer extension to these lots and the proposed lots must meet all the requirements of the R-1 Zoning District. The Planning and Zoning Board held a Public Hearing at their January 8, 1997 meeting and recommend approval of the minor subdivision and rezoning request with two additions to the staff recommendations. Mayor Landers stated he did not feel he could support the request if it required a MUSA land swap. He felt that there were other portions of the city who desperately need the MUSA. • Mr. Gary Uhde introduced two of his team members, John Johnson, Civil Engineer and Peter Coyle, Attorney. PAGE 5 COUNCIL MINUTES JANUARY 27, 1997 Mr. Wessel stated it was his understanding that without an access off CSAH 14, the project will not work at this location. Council Member Kuether stated she understood Council Member Lyden was concerned that the road was not straight. She asked if Mr. Schreier was to purchase a small portion of land, if the road could then be straightened. Council Member Lyden stated he would still like to see all three parties be part of the answer. He felt this is for critical time of development of this corridor and he would like to see it done right. He stated he would like the issue to be tabled for two to four weeks to give the parties a chance to work together and straighten the road. Mr. Wessel recommended that the Council proceed with the road. If it was delayed further, it could jeopardize the whole roadway system. Council Member Lyden stated he would like to see two weeks allowed to define the best product available. If at the end of two weeks, there is no resolution, he would vote in favor of the realignment as presented. Mr. Ahrens noted the road could be straightened during the construction process as long as the proper right-of-ways were secured. Mayor Landers stated one year ago the Council expressed a commitment to bring more commercial development into the City to offset residential taxes. The realignment will provide an opportunity to bring more commercial development into the area. He could see no reason to deny the realignment. Mr. Wessel stated his overall concern was that the project move forward. He stated he would be satisfied with waiting two weeks if he was guaranteed that if nothing had changed, Council Member Lyden would still be committed to the realignment. Council Member Lyden stated he would commit to that. He stated he would like to see staff, the landowners, the developer and the user find a way to straighten the road together. Mr. Schumacher stated a lot of energy had been put into the realignment over the past six months. He did not know if anything that has not been accomplished thus far could be accomplished in another two weeks. Mr. Ahrens noted the transaction was between two private property owners. He noted staff can continue to talk but cannot force anyone to do anything. Council Member Bergeson stated he hoped the property owners might come together and develop a solution that was better than what was proposed. He suggested an alternate incentive which would be to start the clock tonight by approving the project. He did not feel anything could be accomplished within two weeks. PAGE 8 • • COUNCIL MINUTES JANUARY 27, 1997 Council Member Bergeson stated he did not feel a cul-de-sac on old Otter Lake Road was an option. He felt it would devalue that side of the property. He felt the loop needed to happen. He also noted there was a process for Mr. Schreier to utilize to address the assessment issue. Council Member Kuether stated she was comfortable with voting tonight and allowing the location of the road to be resolved later. Council Member Neal stated after the last meeting, he met with Mr. Olson and Margaret Langfeld of Anoka County. They both felt that the road could go on the north side next to Main Street. He also stated he felt the area was too small for the proposed gas station. He did not feel Mr. Schreier should have to pay for a road someone else would be using. He stated he would vote against the realignment. Mr. Richard Schreier, stated he is not concerned with the realignment of Otter Lake Road and that he has cooperated fully in regard to that issue. He stated he was against the construction of an access across his property as he felt it would restrict the use of his property. If the road was constructed in the wrong place it could create a problem that would be very expensive for him. He suggested Phelps Road would be an option for an access. Mr. Wessel stated there still was some flexibility in the location of the road. He stated Phelps Road was not a viable solution as it was a dead end c+ran+ - - rming in place to extend it. Council Member Kuether asked M was able to purchase the necessary Mr. Schreier stated the alignment o it. To date, there is no potential bu Mr. Schreier stated he was willing 1 Mr. Wessel stated he would make e however, he was not certain the issi: o t" ( C G`YY tuctuu °I g the road if he vho will be using es. He stated Council Member Bergeson stated hf t be a lot of strings attached. The main interest i_ ...,«— tll, luau issue ana get an improved road solution. Mayor Landers asked if a two week delay would affect negotiations with the commercial developments. Mr. Wessel stated negotiations with two commercial developments were underway. He noted one of the developments would like to open in the fall of 1997. He felt tabling this issue would not affect the negotiations as the project could still remain on schedule and the intent of the city is to realign Otter Lake Road. • Council Member Lyden moved to table consideration of Resolution No. 97-07 to February 10, 1997, to address the access to County Road No. 14, if the convenience store will or will not be PAGE 9 COUNCIL MINUTES JANUARY 27, 1997 viable, if Mr. Schreier is interested in buying piece the of property, and most importantly the road alignment and the willingness of two property owners to work together. Council Member Kuether seconded the motion. Council Member Bergeson stated he felt the motion should simply delay the issue for two weeks so the parties involved can come to some type of agreement for the improvements. Council Member Lyden withdrew the motion. Council Member Kuether withdrew the second. Council Member Bergeson moved to table consideration of Resolution No. 97-07 to February 10, 1997 in order for the property owners and city to meet together with an objective of improving the road alignments. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97-08, Declaration of Intent to Bond Otter Lake Road Improvement Project - Council Member Bergeson moved to table the consideration of Resolution No. 97-08, to February 10, 1997. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97-09, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Otter Lake Service Road Street and Utility Project - Council Member Lyden moved to table consideration of Resolution No. 97-09 to February 10, 1997. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97-10, Accepting Feasibility Report and Waiver of Public Hearing, Trapper's Crossing, 2nd Addition - Mr. Ahrens reported on June 24, 1996, City Council declared the petition adequate and ordered preparation of a feasibility report for Trapper's Crossing, Phase 2 Street and Utility Improvements. The report is now complete. The property owner has waived his right to a public hearing. Council Member Bergeson noted there are two parts to the motion. The first portion would be to accept the feasibility report. There is no reason not to accept the report. The second portion is the implementation of the improvements. Council Member Bergeson stated he felt it may be appropriate to delay action on the second portion to allow staff to do research on some of the concerns which were mentioned in the Open Mike portion of the meeting. Mr. Ahrens noted the report had been completed for both Phase 2 and Phase 3. At the time of the ordering of the report, he had forgotten that there was a Phase 2 and a Phase 3. He noted the resolution only addresses Phase 2. Council Member Bergeson moved to approve Resolution No. 97-10. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97-10 can be found at the end of these minutes. PAGE 10 • • COUNCIL MINUTES JANUARY 27, 1997 Consideration of Resolution No. 97-11, Order Improvement and Preparation of Plans and Specifications, Trapper's Crossing, Phase 2 - Council Member Bergeson moved to table consideration of Resolution No. 97-11 until February 10, 1997. Council Member Lyden seconded the motion. Mr. Ahrens stated he had spoken with other staff earlier today and he was not aware of any mention in the developer's agreement or approval that required phasing. Council Member Bergeson asked that a response to the question if the city is beyond the point of being allowed to require phasing. He stated the city does not want to have a lot of roads put in and all the phases developed if the houses are not selling. Mr. Hawkins stated if phasing was not included in the developer's agreement it may be difficult to include it at this point. Vote on the motion: Motion carried unanimously. CITY ATTORNEY'S REPORT, BILL HAWKINS Final Judgment on Jeep Litigation - Mr. Hawkins reported several weeks ago, Mr. Taylor came before the City Council and made accusations that the city and staff members had misrepresented a vehicle purchase. Mr. Taylor did commence litigation and was not successful. The judge upheld the city's position. CONSIDERATION OF RESOLUTION 97-16, AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO EXECUTE AGREEMENTS TO IMPLEMENT THE COOPERATIVE TRAIL GRANT PROGRAM, RANDY SCHUMACHER Mr. Schumacher reported Marty Asleson is on vacation and has asked him to present this request to the Council. This request is for application of a grant in the amount of $50,000 from the State of Minnesota for the purpose of building a trail from Sunrise Avenue to the Regional Park on Aqua Lane. This will be a cooperative effort by the County, School District and the City of Lino Lakes. Council Member Neal moved to adopt Resolution No. 97-16. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97-16 can be found at the end of these minutes. OLD BUSINESS - None NEW BUSINESS Consideration of the Minutes, December 9, 1996 - Council Member Kuether moved to approve the Minutes of December 9, 1996 as presented. Council Member Lyden seconded the motion. Vote on the motion: Bergeson, Kuether, Lyden vote aye. Landers and Neal abstained as they were not present at that meeting. Motion carried. PAGE 11 COUNCIL MINUTES JANUARY 27, 1997 Consideration of Making Appointments to the Citizens Advisory Group, Randy Schumacher - Mr. Schumacher reported this is the group which was established in the last year to deal with the 20/20 visioning issues. Mr. J.P. Houchins will be presenting a report to the City Council within the next month or two, in which the first year of 20/20 will be reviewed. There was Council consensus to ask Mr. J.P. Houchins to make his presentation to the Council at their next work session. Set Joint Meeting with the Charter Commission for Tuesday, February 11, 1997, 7:00 P.M., Randy Schumacher - Mr. Schumacher reported that the Charter Commission had requested a meeting with the City Council. This is the date for the meeting which had been agreed to at the Council work session. There was Council consensus to schedule the meeting with the Charter Commission on Tuesday, February 11, 1997 at 6:30 P.M. rather than 7:00 P.M. Special Council Work Session for Reviewing Draft Zoning Ordinance Set for Thursday, January 30, 1997, 5:00 P.M. - Council Member Bergeson stated he would not be able to attend this meeting. County Library for Lino Lakes - Council Member Neal reported he will be meeting with three County Commissioners in regard to a County library in conjunction with the City of Columbus. He stated he will provide a report at the next Council work session. Council Member Neal stated he is still hopeful Lino Lakes will also be able to get a post office in the city. Mr. Donald Dunn, from the audience, stated the February 11, 1997 meeting of the Charter Commission and the City Council had been scheduled at 7:00 P.M. because some of the Charter Commission members were unable to make the meeting at 6:30 P.M. There was Council consensus to change the starting time of the February 11, 1997 meeting with the Charter Commission to 7:00 P.M. Mr. Schumacher reported he had received correspondence from the League of Minnesota Cities indicating that the Governor is recommending a $20 million dollars for 1998-99 bi-annual budget. In that budget he is proposing to cut $9 million of local government aid (LGA) for cities and is proposing a freeze in LGA after the $9 million is cut. The Governor urges cities to cope with this cut by containing expenditures, restructuring local services, seeking cooperative agreements with counties and other local governments to provide services at lower cost, not by raising property taxes. He noted this will be an issue at the next legislative session. Council Member Neal moved to adjourn at 9:20 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council meeting, February 24, 1997. PAGE 12 COUNCIL MINUTES JANUARY 27, 1997 Merlyn . Anderson, Jo L. Landers, Clerk -Treasurer Mayor Transcribed by: Lorri Kopischke TimeSaver Off Site Secretarial • PAGE 13 RESOLUTION NO. 97 - 13 CITY OF LINO LAKES STATE OF MINNESOTA RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1 AND SECTION 3, AND ARTICLE VI, SECTION 8 OF THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Lino Lakes , (hereinafter "City") is an existing member of the North Central Suburban Cable Communications Commission (hereinafter "Commission"); and WHEREAS, the Commission has made recommended amendments to the Joint and Cooperative Agreement For The Administration Of a Cable Communications System (hereinafter "Agreement") relating to the voting structure of the Commission; and WHEREAS, the City believes it to be in its best interest to amend the Agreement as recommended by Commission; THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes amends by substitution the existing Agreement as follows: 1. Article VI, Section 1 shall be amended in its entirety as follows: Section 1. Each Member shall be entitled to one (1) director to represent it on the Commission who shall be a councilmember from the member City. Each director is entitled to one (1) vote for each 2,500 subscribers or fraction thereof subscribing in the municipality represented by the director provided, however, that each director shall have at least one vote. The number of subscribers per City shall be as of December 31st. Prior to the first Commission meeting in February of each year, the Secretary of the Commission shall determine the number of votes for each Member in accordance with this section and certify the results to the Chair. 2. Article VI, Section 3 shall be amended in its entirety as follows: Section 3. Each member shall appoint at least one alternate who shall be a City staff person of the member City. A member may appoint a second or more alternate(s) who need not be a councilmember or staff. The Commission, in its By -Laws, may prescribe the extent of an alternate's powers and duties. 3. Article VI, Section 8 shall be amended in its entirety as follows: Section 8. All official actions of the Commission must receive a simple majority41) (5 1 %) of all authorized votes cast on that issue at a duly constituted meeting of the • Commission and the affirmative vote of four (4) directors, or the affirmative vote of six (6) directors. • The above -listed resolution was moved by Council Member duly seconded by Council Member Neal Lyden and The following Council Members voted in the affirmative: Bergeson, Kuether, Lyden, Neal and Landers. The following Council Members voted in the negative: None. The above resolution was duly adopted January 27, , 1997. A EST: C:\CABLE\NCSCCC\RES-AMEN.VI .,4 f iGJt� J, City Official; Clerk -Treasurer DEFINITIVE AGREEMENT RESOLUTION NO. 9 7 - 14 A RESOLUTION TRANSFERRING COMMUNITY TELEVISION PROGRAMMING RESPONSIBILITIES FROM d/b/a MEREDITH CABLE TO THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION WHEREAS, the Cable Communications Franchise between Group W of the North Central Suburbs d/b/a Meredith Cable (hereinafter "Company") and the City of Lino Lakes (hereinafter "City") requires the Company to provide and maintain certain cable television program facilities and equipment, provide certain community access channels and provide certain cable programming staff as delineated in the Franchise and Offering as defined in the Ordinance; WHEREAS, the Company and Commission have agreed to the divesting of all responsibility for providing the above-mentioned support for community television programming; WHEREAS, the Commission has investigated the possibility and ramifications of assuming the responsibility for community television programming within the North Central Suburban area; WHEREAS, the Commission and the Company have negotiated mutually acceptable terms to effect the transfer of the community television function from the Company to the Commission as delineated below; and WHEREAS, the City has determined such transfer to be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED that the City agrees with Meredith Cable to the following terms and conditions effective March 1, 1997: 1. The Commission will assume all responsibility for community cable television programming delineated in the Franchise(s) and Offering for the seven (7) Member Cities of the North Central Suburban Cable Communications Commission geographic territories. 2. The Company is relieved of all responsibility for providing community cable television programming delineated in the Franchise and Offering of the City, except for those responsibilities delineated by this Agreement, and further, except for its customary responsibilities of delivery of signal and maintenance of the cable system to accomplish such delivery. 3. The Company shall transfer to the Commission title to and ownership of all equipment listed in Exhibit A, attached hereto and made a part hereof. 1 • • • 4. The Company shall make available for the term of the Franchise and any renewals thereof for use by the Commission and City those six channels currently on the North Central Suburban cable system and currently known as the Public Access Channel 15, the Government Access Channel 16, and the Educational Access Channels 58, 60, and 61, and the Religious Access Channel 57. The Company shall separate cablecasting on these channels, if not already accomplished, so that these channels may be discretely programmed and cablecast to Coon Rapids and the remaining seven (7) Member Cities of the Commission. The expense for system conversion to allow for such discrete cablecasting shall come from any excess PEG fees collected by the Company in 1995 and 1996, and the first two (2) months of 1997 pursuant to that certain • Memorandum of Understanding ("MOU") by and between City and Company. In addition, the Commission and City shall have complete and unrestricted access to the above-mentioned channels, however, the Company will have full responsibility for the term of the Franchise for the maintenance, repair, and technical performance of said channels. 5. Commencing January 1, 1997, the PEG Fee established pursuant to the Memorandum of Understanding shall be $1.75 per month per subscriber. 6. The Company shall pay the full amount of the PEG Fee collected from the subscribers of City to the Commission, or its designee. The Company shall prepay quarterly, an estimated quarterly PEG Fee, which shall be annually reconciled to reflect actual PEG Fee receipts by Meredith subject to more frequent reconciliation by mutual agreement of the parties. The first prepayment shall be on or before March 1, 1997 for March, April, May and June of 1997. 7. The Company shall assign and the Commission, or its designee, shall assume all real estate and equipment leases and contracts relating to PEG Programming. 8. The Commission shall be responsible for any and all I -Net or other switching related to PEG Programming or non-profit use of the I -Net capacity for its seven (7) Member Cities, which shall occur only as provided in the Franchise and consistent with applicable laws. 9. The Commission shall advise Meredith in writing at least thirty (30) days prior to the Effective Date of Transfer of its intention to make offers of employment to Meredith personnel relating to PEG Programming. The Commission intends to employ all five (5) current employees of Meredith and North Central Community programming operations. 10. City agrees to allow Meredith to keep its local customer service office in the space it occupies as of December 31, 1996, provided that Meredith assumes the capital costs necessary to segregate the office from the remainder of Commission space, and further provided that Meredith shall pay One Hundred ($100.00) per month rent to Commission commencing the effective date of any Transfer. 11. Effective December 31, 1996, Company may close the Coon Rapids community programming studio and transfer all equipment to the Blaine facility. 12. Expenses for 1995 and 1996 universal installations shall be reimbursed to the Company from overages of the PEG Fee collected in 1995, 1996, and the first two (2) months of 1997 from all subscribers located in the original eight (8) members of the Commission. 13. All excess PEG Fees collected from the subscribers located in the seven (7) current members of the Commission in the first two (2) months of 1997 shall be paid to Commission. 14. For expenses for 1997 and beyond, universal installations shall be reimbursed to the Company from upward adjustments to future PEG Fees, which shall not reduce the $1.75 or further increases allowed by the MOU. 15. The terms and conditions of this Resolution shall not be changed without the mutual written consent of the Company and the City. 16. The Company and the City hereby reserve all rights and duties afforded pursuant to the Franchise(s), and applicable local, state and federal law. 3 • 17. This Resolution was moved by Council member Lyden and seconded by Council member Neal The following Council members voted in the affirmative: Bergeson, Kuether, Lyden, Neal, Landers. The following Council members voted in the negative: Adopted this 27th day of January Dated: 1/27/97 , 1997 • City Of Lino Lakes None We have reviewed the terms and conditions of this Resolution and by our signature below agree to all said terms and conditions. Dated: • MEREDITH CABLE By By EXHIBIT "A" Equipment inventory to include all current community programming equipment in the North Central area operations, including the mobile van, Coon Rapids facility and Blaine facility. C:\CABLE\NCSCCC\DEFIN ITI. AG2 5 • Member Ki -hr introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 97-15 RESOLUTION SUPPORTING THE VILLAGE MASTER PLAN IN THE LINO LAKES TOWN CENTER WHEREAS, 25 acres of land within the Rice Creek Chain of Lakes Regional Park Preserve near the I-35W/I-fighway 49 interchange has been acquired by the City of Lino Lakes for the purpose of public use; WHEREAS, the City Council of the City of Lino Lakes seeks to promote economically sound development; WHEREAS, the Lino Lakes 20/20 Vision citizen advisory committees recommended a town square for community identity, recreation, civic functions, and clustered commercial development along the freeway interchanges that is environmentally sustainable and reflects the community's strong environmental character; WHEREAS, the City Council approved housing goals that are compatible with the "livable communities" concept for mixed use development that responds to residents' needs; WHEREAS, public investment in the interchange will provide an impetus for private development; WHEREAS, Village Master Plan Documents listed in Attachment A have been developed through a public participatory process; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council support the development of a Town Center on the four quadrants of the I -35W interchange and the development of the Village on the 75 -acre site in the southeast quadrant of the interchange. 2. The City Council support the concept of four Land Use Zones within the Master Plan as a framework for development of mixed uses within the Village. 3. The City Council support a planning process that encourages a professionally designed mixed use master planned development that is pedestrian oriented, and combines commercial, civic, housing and recreational uses. • 4. The City Council support the Master Plan's access and circulation pattern within the Village. 5. The City Council support the Master Plan's concept for defining the physical elements to create the tone and character within the Village, including street widths, setbacks, signage and lighting, streetscape and identity markers. 6. The City Council support the Master Plan's control of the amount of green space required within the site and the character of landscaping that will be compatible with the indigenous natural environment. 7. The City Council support surface water management strategies that demonstrate environmental Sustainability. 8. The City Council support incorporation of architectural guidelines in the Comprehensive Plan for site and building designs within the Village. 9. The City Council direct city staff to proceed with the implementation of the Village Master Plan in a manner that will result in quality development to the fullest extent possible, recognizing that separate development projects will be subject to review and approval by the Lino Lakes Planning & Zoning Board and the Lino Lakes City Council. Adopted by the Lino Lakes City Council on this 27th day of January, 1997. Marilyn G.»Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Member Neal and upon vote being taken, thereon, the following voted against same: Whereupon said resolution was declared passed and adopted. • • • • ATTACHMENT A VILLAGE MASTER PLAN DOCUMENTS MASTER PLAN FACILITIES MAP MASTER PLAN LANDSCAPE MAP MASTER PLAN DRAINAGE MAP MASTER PLAN TOPOGRAPHY, SIGNS, AND DRAINAGE MAP MASTER PLAN PROPERTY MASTER PLAN STREET SECTIONS MASTER PLAN CIRCULATION MASTER PLAN SITE ANALYSIS MASTER PLAN - OFF SITE IMPACT MASTER PLAN ARCHITECTURAL GUIDELINES SKETCHES: 1. VIEW OF ENTRY 2. VIEW OF PLAZA 3. VIEW TOWARD PLAZA ON MAIN ROAD 4. VIEW AT VILLAGE GREEN 5. VIEW ON PRIVATE RESIDENTIAL BOULEVARD 6. VIEW ON ROWHOUSE ROAD 7. AERIAL VIEW TO THE EAST ARCHITECTURAL PROTOTYPES 1, 2, & 3 (FAIRVIEW CLINIC) CITY OF LINO LAKES Resolution No. 97 - 16 LOCAL GOVERNMENT RESOLUTION BE IT RESOLVED CITY OF LINO LAKES act as legal sponsor for the project contained in the Cooperative Trail Grant Program Application to be submitted on 31st day of January, 1997 and that Parks and Recreation Director is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of CITY OF LINO LAKES. BE IT FURTHER RESOLVED that CITY OF LINO LAKES has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that CITY OF LINO LAKES has not incurred any costs. BE IT FURTHER RESOLVED that CITY OF LINO LAKES has not violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, CITY OF LINO LAKES may enter into an agreement with the State of Minnesota for the above -referenced project, and that CITY OF LINO LAKES certifies that it will comply with all applicable laws and regulations as stated in the contract agreement and describe in the Compliances section of the Cooperative Trail Grant Program Application. NOW, THEREFORE BE IT RESOLVED that Parks and Recreation Director is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the CITY COUNCIL of LINO LAKES on January 27, 1997. Mayor WITNESS i (Signature) (Signature) 1/27/97 Clerk -Treasurer (Title) (Date) (Title) ref:lgresol.doc 1/27/97 (Date)