Loading...
HomeMy WebLinkAbout09/13/1982 Council MinutesClosed Council Meeting August 23, 1982 A closed Council meeting was held on August 23, 1982 at 9:15 P.M. in the City Administrator's office for the purpose of updating the Council on the matter of the Wilson suit against the City. 23LJ Mr. Schumacher read a letter received from Mr. Landol Locher, Attorney in this matter, informing the Council of an offer made to Mr. Wilson for the settlement of this matter out of Court and setting forth the amount in percentage for which each agency involved would be liable. I Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota, was duly held in the City Hall in the City of Lino Lakes on Monday, September 13, 1982, commencing at 7:00 o'clock p.m., C.T. Mr. William Dorn had offered Mr. Wilson the sum of $5,000.00 with the stipulation that he remove all personal property and deed the property to the City of Lino Lakes and Mr. Wilson had turned the offer down. There is to be a pre -trial hearing on August 30, 1982 at 9:30 A.M. where the offer as suggested in Mr. Locher's letter will be presented. Mr. Marier suggested that Mr. Locher be instructed to offer Mr. Wilson a total of $7,500.00 with $10,000.00 to be the maximum offer, this to include the stipulation that the City has the option to buy the property. The general consensus of the Council was to negotiate a settlement as suggested. Meeting adjourned at 9:25 P.M. Council Meeting September 13, 1982 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson on September 13, 1982 at 7:11 P.M., with all members present. Mr. Hawkins, Mr. Davidson, Mr. Volk, Chief Myhre, Mr. Kluegel, Mr. Schumacher and Mrs. Sarner were also present. MINUTES - AUGUST 23, 1982 Mr. Kulaszewicz moved to approve the minutes as presented. Seconded by Mr. Marier. Motion carried unanimously. DISBURSEMENTS - AUGUST 31, 1982 /SEPTEMBER 13, 1982 Mr. Marier moved to approve the disbursements of August 31, 1982 and September 13, 1982. Seconded by Mr. Kulaszewicz. There were several questions which were answered. Motion carried unanimously. GENERAL OBLIGATION BONDS - 1982 Mr. Luther Feljsted, of Springsted, Inc., presented the bids for the sale of $750,000.00 GO Bonds reporting that five bids had been received. He listed those bids as follows: EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES COUNTY OF ANOKA, MINNESOTA c 2 6 Council Meeting September 13, 1982 The following members of the Council were present: B. Benson, M. Elsenpeter, R. Kulaszewicz, D. Marier & V. Reinert and the following were absent: None * * * The Mayor announced that the meeting was convened for the consideration of the bids which had been received for the purchase of the City's $750,000 General Obligation Improvement Bonds of 1982, as advertised for sale. The City Clerk - Treasurer presented affidavits showing publication of notice of sale in the City's official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined, found satisfactory and ordered placed on file. The City Clerk - Treasurer presented a tabulation of the bids which had been received in the manner specified in the notice of sale of the Bonds. The bids were as follows: Dain Bosworth Inc. - Net effective interest - 8.9979% Juran & Moody, Inc. - Net effective interest - 9.0664% Bancnorthwest - Net effective interest - 8.7735% Piper, Jaffray & Hopwood, Inc. - Net effective interest - 8.9870% First National Banks (St. Paul, Mpls., Hugo) - Net effective interest - 8.5666% After due consideration of the bids, Councilmember Marier introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $750,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota, as follows: 1. The bid of The First National Bank of Saint Paul (the "Purchaser ") to purchase $750,000 General Obligation Improvement Bonds of 1982 (the "Bonds ") of the City described in the notice of sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $742,575.00 plus accrued interest to date of delivery, the Bonds to bear interest as follows: Year of Maturity Interest Rate 1984 7.25% 1985 7.50% 1986 7. 70% 1987 7.90% 19 88 8.20% 1989 8. 40% 1990 8.60% 1991 8. 80% The sum of $7,275.00, being the amount bid in excess of $735,300, shall be credited to the Sinking Fund hereinafter created. The City Clerk - Treasurer is directed to Council Meeting September 13, 1982 retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds. The City Clerk - Treasurer is directed to return the checks of the unsuccessful bidders forthwith. 237 2. The City shall forthwith issue and sell the Bonds in the total principal amount of $750,000, dated October 1, 1982, the Bonds being 150 in number and numbered 1 to 150, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, all interest payable February 1, 1983, and semiannually thereafter on August 1 and February 1 in each year, and which Bonds mature serially on February 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1984 $ 50,000 1988 $115,000 1985 50 ,000 1989 120 ,000 1986 50,000 1990 125,000 1987 110,000 1991 130,000 All Bonds maturing after February 1, 1988, are subject to redemption at the option of the City on February 1, 1987 and on any interest payment date thereafter. Redemption may be in whole or in part and shall occur in inverse numerical order, except that if some but not all Bonds of a single maturity date are called for prepayment, the specific Bonds of that maturity to be prepaid shall be chosen by lot by the paying agent. Prepayment of Bonds shall be at the price of par plus accrued interest to date of redemption. 3. Both principal of and interest on the Bonds shall be payable at the IIThe First National Bank of Saint Paul, in the City of St. Paul, Minnesota, and the City shall pay the reasonable charges of said bank for its services as paying agent. 4. The Bonds and the interest coupons to be thereto attached shall be in substantially the following form: No. $5,000 UNITED STATES OF AMERICA STATE OF MINNESG A COUNTY OF ANOKA CITY OF LINO LAKES GENERAL OBLIGATION IMPROVEMENT BOND OF 1982 KNOW ALL MEN BY THESE PRESENTS that the City of Lino Lakes, Anoka County, Minnesota, acknowledges itself to be indebted and, for value received, hereby promises to pay to bearer, out of its General Obligation Improvement Bonds of 1982 Fund, the sum of FIVE THOUSAND DOLLARS on the lst day of February, 19, and to pay interest thereon from the date hereof until the principal amount is paid at the rate of and hundredths percent ( %) per annum, interest to maturity payable February 1, 1983, and semiannually thereafter on the 1st day of August and the lst day of February in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are payable at the Bank of in the City of , Minnesota, in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts . 28 Council Meeting September 13, 1982 All bonds maturing after February 1, 1988, are subject to redemption at the option of the City on February 1, 1989 and on any interest payment date thereafter. Redemption may be in whole or in part and shall occur in inverse numerical order, except that if some but not all bonds of a single maturity date are called for prepayment, the specific bonds of that maturity to be prepaid shall be chosen by lot by the paying agent. Prepayment of bonds shall be at the price of par plus accrued interest to date of redemption. This bond is one of an issue of bonds in the total principal amount of $750,000, all of like date and tenor except as to maturity, interest rate, redemption privilege and serial number, all issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the City, and, to provide moneys for the prompt and full payment of the principal of and interest on the bonds as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this bond, together with all other indebtedness of the City out- standing on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signatures of its Mayor and its Clerk - Treasurer, and by the manual signature of one of said officers, to be sealed with a facsi mile. df the corporate-seal of the. City',-and the interest. coupons hereto 'attached to_be,executed and authenticated by the facsimile signatures of- .s'aid officers, all as of October 1, 1982. (Facsimile Signature) City Clerk- Treasurer (FACSIMILE SEAL There was discussion on these bids with Mr. Feljsted noting that the City had retained the "A" Rating from Moody's. Mr. Marier moved to award the bid to First National Bank of St. Paul, First National Bank of Minneapolis and First State Bank of Hugo at a net effective interest of 8.5666 %. Seconded by Mr. Reinert. Motion carried unanimously. ENGINEER's REPORT Mr. Davidson presented his recommendations as related to the proposed sewer installation at the Baldwin Mobile Home Court. The plans and specifications had been received from Milner Carley and there are several areas that Mr. Davidson questioned - is this to be a City project? bonded and installed by the City and 1 Council Meeting September 13, 1982 assessed back to the area? or is the project to be put in by the owner of the Court? I Since there seems to be a lack of information, Mr. Marier moved to table this matter for more information as to the costs. Seconded by Mr. Reinert. Motion carried unanimously. 23 Mr. Davidson reported that the request for a variance in the Sherwood Green project had been presented to the Planning and Zoning Board as requested by the Council. The Planning and Zoning Board minutes have not been transcribed as yet, but both requests had been recommended for approval by the Planning and Zoning Board. The general consensus of the Council was to table any action on this matter until the Planning and Zoning Board minutes are available. OPEN MIKE Mary Canine and Nancy Zarambo, of Centennial High School, appeared before the Council requesting the Council to assist in the publication of the Year Book by purchasing an ad in the book. There was some discussion on the legality of this with Mr. Hawkins saying that he felt it was a legitimate expenditure. Mrs. Elsenpeter moved to designate $324.00 to be used for this purpose and to be divided evenly between the three school districts that exist within Lino Lakes. Seconded by Mr. Reinert. Motion carried unanimously. A recess was called at 7:55 P.M. Meeting reconvened at 8:05 P.M. PUBLIC HEARING - SUPPLEMENTAL ASSESSMENT - BLACK DUCK PROJECT - OPENED 8:12 P.M. Mayor Benson asked Mr. Hawkins to explain the legal aspects of this reassessment and the reasons why it is being considered. Mr. Hawkins explained that the assessments levied against the lots that have been designated as unbuildable by the Corps of Engineers must either be reassessed to the project or the entire City will be responsible for payment of those assessments. Mr. Hawkins also noted that this is allowed by law. Mr. John Davidson, City Engineer, presented the figures for the reassessment noting that the costs have been spread proportionally against the other properties. The amount to be pro -rated against all other lots is $63,288.00. Mr. Davidson told the Council and persons in the audience that this cost per lot has been worked out and is available from the Clerk's office. There had been several letters from property owners stating their objections to this reassessment which Mayor Benson read into the record at this time. The letters were from 1) Mr. Frank Modjeska; 2) El Rehbein & Son; 3) Robert Peterson Company; 4) Walter Williams. Mr. Walter Williams, from the audience, presented his objections to this reassessment. Mr. Ed Loscheider, a resident, objected to this issue. Mr. Steve Pojar, property owner also objected. IThe general consensus of the persons who objected was that the City should proceed to obtain permits from the Corps of Engineer for the filling of those lots to make them buildable. The Public Hearing was closed at 8:53 P.M. >40 Council Meeting September 13, 1982 There was discussion by the Council on the feasibility of deferring this reassessment for one year and work on the permits - how much would this cost the citizens of Lino Lakes. Mrs. Elsenpeter moved to table this item for the September 27, 1982 agenda with specific costs to the City if this is deferred for one year. Seconded by Mr. Marier. Motion carried unanimously. Mr. Reinert moved to request a person from the Corps of Engineers to appear at the next Council meeting and explain what must be done in regards to those lots. Seconded by Mr. Marier. Motion carried unanimously. SPECIAL USE PERMITS The permits number 3, 4, & 5, temporary permits for mobile homes, can be cancelled - the units have been moved. There was discussion on some of the other permits with Mr. Marier moving to table this matter and request the Building Inspector to review the permits on an individual basis and present his recommendations for Council consideration. Seconded by Mr. Kulaszewicz. Motion carried unanimously. BIDS ON STREET EQUIPMENT Mr. Volk presented the bids that had been opened and tallied. The low bidder on the 10,000 GVW cab and chassis - Brookdale Ford - had been submitted at $8748.00. The dealer had rechecked his figures and had called to say that one specification had not been included in the price and there would be an additional $310.00 added to the price. III After some discussion on this matter, Mr. Kulaszewicz moved to award the bid to Brookdale Ford at the amended price of $9,058.76. Seconded by Mr. Marier. Mr. Reinert disagreed - he felt the bidder should be expected to hold to the price as submitted in his bid. On voting, the Motion failed. Mr. Marier moved to award the bid to Brookdale Ford at the original bid figure of $8,748.00. Seconded by Mr. Reinert. Motion carried unanimously. Bids on the equipment for the above cab and chassis had also been received. The low bidder was Truck Outfitters with a bid of $3,516.73, with installation to be done by the City. Mr. Marier moved to award the bid to Truck Outfitters, with installation to be done by City crew. Seconded by Mr. Kulaszewicz. Motion carried unanimously. On the bids for the dump truck, Mr. Volk recommended accepting the second low bid. He felt that because of the items that over - specifications, this made the truck a better buy. The bid was submitted by Chesla -Tate of Forest Lake in the amount of $32,440.00. Mr. Reinert moved to approve the bid of Chesla -Tate Ford. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CLERK's REPORT The Clerk presented the Compliance Form for the 14th Entitlement period of Federal Revenue Sharing Funds. This must be approved by Council and signed by the Mayor. Mr. Marier moved to approve this form and authorize the Mayor to sign. Seconded by Mr. Kulaszewicz. Motion carried unanimously. 1 Council Meeting September 13, 1982 241 The Lino Lakes Lioness had requested a 3.2% beer permit for September 19, 1982 in conjunction with a Booya. They have provided a copy of the Lions Club insurance for the City. Mr. Marier moved to approve this permit. Seconded by Mr. Kulaszewicz. Motion carried unanimously. SALARY ADJUSTMENTS Mr. Schumacher explained this is an adjustment in the Police Chief and Public Works Superintendent positions. This was a part of the salary recommendations for 1982. Mr. Schumacher had met with the Ways and Means Committee and the recommendation is to raise the Police Chief's salary $100.00 per month retroactive to July 1, 1982 and the Public Works Superintendent's salary $125.00 per month retroactive to July 1, 1982. Mr. Marier moved to approve the salary recommendations as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. EAST SHADOW LAKE DRIVE Mr. Peterson, who owns the two lots on the South of the cul -de -sac which the temporary portion of this street goes through, has requested the City Council to close the temporary portion of that street (that portion that goes through these two lots and Outlot K). Mayor Benson said he would rather wait until Spring, leave that part of the street open for the Winter, not plow the new street, Lantern Lane, and then close off in the spring. Mr. Jerry Blackbird, representing El Rehbein & Son, said that he objected to Lantern Lane not being plowed, since there are some 35 lots for sale that are served by that street. Mr. Reinert moved to contact Mr. Robert Peterson and ask his opinion on the use of the street for the Winter months. Seconded by Mr. Marier. Motion carried with Mrs. Elsenpeter voting, No. APP OINTMENT TO ANOKA COUNTY ABATEMENT ADVISORY COMMITTEE After some discussion on the functions of this committee, Mr. Reinert moved to appoint Mr. Schumacher to serve on the committee. Seconded by Mr. Marier. Motion carried unanimously. PROPANE FUEL STUDY Mr. Volk presented the figures on the use of propane fuel in the test vehicles. There was some discussion as to how this fuel will react in the winter months. Mr. Marier moved to extend this study through March of 1983 making it a full year's usage. Seconded by Mr. Reinert. Motion carried unanimously. PARK BOARD REPORT Mr. Schumacher presented a request from the Park Board for the use of Mr. Davidson to do a feasibility study on the Country Lakes Park. There was discussion as to the cost of this study and what funds would be used. Mrs. Elsenpeter moved to instruct Mr. Davidson to prepare an estimated cost figure for the completion of the feasibility study. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Park Board had also requested permission to talk with a draftsman in conjunction with the proposed bath house. There was discussion on this issue with Mr. Schumacher 242 Council Meeting September 13, 1982 explaining this would not involve blue prints -- just a consultation. Mr. Marier moved to authorize the Park Board to talk with draftsman to get cost figures. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OLD BUSINESS Task Force Update - Mr. Schumacher reported on the progress of this board and noted that a thorough job is being done on the updating of the ordinance to implement the land use plan. NEW BUSINESS Conformance to State Auditor's recommendations - Mr. Schumacher noted that the State Auditor had felt the expense checks were not legal and suggested that this be made a part of the regular salary effective January 1, 1984. Mr. Schumacher pointed out this must be done by this Council but cannot become effective until after the next City election but this would indicate that the City is conforming to the State Auditor's recommendations. Mr. Marier moved to authorize the City Administrator to write an amendment to the Salary ordinance implementing this issue. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PCA Sludge Permit - Centerville had requested the City join them in their attempt to control the spreading of the sludge in the Lino Lakes /Centerville area. Mr. Hawkins noted that he is preparing a statement for the City of Centerville. Mr. Reinert moved that Lino Lakes join Centerville in this effort and Mr. Hawkins prepare a like statement for the City of Lino Lakes. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Kulaszewicz moved to adjourn. at 10:50 P.M. Seconded by Mr. Marier. Aye. LO?LJ Edna L. Sarner, Clerk- Treasurer