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HomeMy WebLinkAbout10/15/1985 Council Minutes (2)136 COUNCIL MEETING October 15, 1985 The regular meeting of the Lino lakes City Council was called to order by Mayor Benson at 7:00 P.M., October 15, 1985. Council members present: Bohjanen, Reinert, Marier. Council members absent: Kulaszewicz. City Engineer, Bob Toddie; Accountant, Joe Huss; Assistant Administrator, Dan Tesch and Clerk- Treasurer, Marilyn Anderson, were also present. CONSIDERATION AND APPROVAL OF MINUTES Budget Workshop, September 23, 1985 - Mr. Reinert moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Mot- ion carried unanimously. Council Meeting, September 23, 1985 - Mr. Marier moved to approve the minutes as presented. Mr. Reinert seconded the motion. Mot- ion carried unanimously. Special Circle Pines Gas Meeting, September 30, 1985 - Mr. Bohj- anen moved to approve the minutes as presented. Mr. Reinert sec- onded the motion. Motion carried with Mr. Marier abstaining. Special Joint Meeting with the City of Shoreview, September 30, 1985 - Mr. Reinert moved to.approve the minutes as presented. Mr. Bohjanen seconded the motion,. Motion carried with Mr. Marier ab- staining. Budget Workshop, October 7, 1985 - Mr. Reinert moved to approve the minutes as presented. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS September 30, 1985 - Mr. Bohjanen moved to approve the Disburse- ments as presented. Mr. Marier seconded the motion. Motion carr- ied unanimously. October 15, 1985 - Mr. Reinert moved to approve the Disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE A. Recognition of Pete Scherer's Participation on the Park Board - Mr. Scherer was in the audience. Mayor Benson told the Council and the audience that many hours are donated to this City each year by its citizens on many different boards and committees. Tonight the Council is recognizing Mr. Scherer's more than twenty 1 1 1 I years of service to this City including ten years on the Park Board. He presented a plaque to Mr. Scherer and read its in- scription. COUNCIL MEETING October 15, 1985 Page -2- 1 1 Mr. Scherer thanked the Council for the plaque. He said he felt the years of service donated to this City were more of an oblig- ation than a privilege because as a member of this community it was his duty to help his fellow man. This was the best way he could do it. Mayor Benson asked if there is anyone who is interested in fill- ing the vacancy created by Mr. Scherer's resignation their name should be submitted to the City staff for consideration. Mayor Benson and the Council thanked Mr. Scherer for his years of service. B. Larry Joblinski - Community Education, Centennial Schools - Mr. Joblinski thanked the Council for their support and the con- tribution to the Centennial Area Summer Recreation Program. He had previously submitted a Summer Recreation Report and this re- port was sent to the Council with this weeks agenda. He pointed out several areas of interest in the report. Lino Lakes had the second highest participation rate of all the cities served by the program and during 1985 the Lino Lakes participation rate was the second highest of all the years the City has participated in the program. Again he thanked the Council and told therm he would appreciate any comments for feedback in planning for next year. Mayor Benson told Mr. Joblinski that the 1986 proposed budget con- tains money for the 1986 Summer Recreation Program. The Council is pleased to participate in this program. C. Bill Hutton - Forest Lake Youth Service Bureau - Mayor Benson explained Mr. Hutton's wife had a baby today and he will not be here tonight. Mr. Bohjanen moved to table this item until the next agenda. Mr. Reinert seconded the motion. Motion carried unanimously. D. Senior Citizen Concerns - Arnold Belling, Charles Cape - Mr. Kelling said the seniors are here tonight because they'saw an item in the paper that said the Council is going to vote on funding and grants for the senior citizens. He said the senior group is partly in limbo, they just do not know what is going on. They hear that Peg Smith will be rehired for a second year as coordin- ator, they hear she has not been. They hear they have nothing to spend and then they hear they have money to pay Peg's salary. They have other difficulties such as shelves that should be put in, inadequate water heater and other things that bug them. They are trying to raise money on their own but there is no point of the Senior Club buying something that is already scheduled as a capital 137 138 COUNCIL MEETING October 15, 1985 Page -3- outlay. They also need to know where they stand. He noted that there is certain equipment that should be there; the shelf in the kitchen should be raised, it is no good where it is. The hot water heater cannot wait to be taken care of. Also there are some shelves that will need to be re- adjusted. Miller Brothers have volunteered to put in shelves if the material is furnished. The Senior Club is also working with the Lions Club to get a freezer. They are asking that the Council give them support until they are completely on their feet. He noted their group,is just a year old and has grown from seventeen people to about fifty members. He said in a short time they will be adding on to the building to accommodate their growth. Mr. Cape said they still have some money and the Senior Club has a couple of items they wish to purchase. He said that smoke eaters is one item. He feels the smoke can be controlled in their own group but when the Center is rented there is no control. He told the Council he would like two smoke eaters at approximately $1,000 each, the shelving and an adequate water heater. He felt maybe they could be sited by the health department for doing dishes without adequate hot water. He said Peg Smith is doing an outstanding job, far more than what she is being paid for and asked the Council to reinstate her for another year. He also noted that Vivian Rehbein has served as secretary for the Senior Club and has resigned. He thanked her for her service. The Council asked that the water heater problem be made a priority and be solved as soon as possible. The shelves should not,.be a problem. Mr. Kelling indicated that a speaker system was needed. The City has one as well as the Lions Club. He felt there is a problem with communitactions with this item. Mr. Marier felt this is a direct matter of lack of communications on both sides. The money is in the budget, there is a public add- ress system available, it should be put in. He said the seniors could determine which system should be put in and have it installed. Mr. Cape said there has been some misunderstanding from the beg- inning. The Seniors understood that the Senior Board was appointed by the Council and they could make suggestions and these suggest- ions could be carried out with the grant money. It did not turn out this way. The suggestions have to be taken to the Council for their approval and the Seniors were not informed of this until much later. Mr. Marier. said the Senior Council should have been keeping track of this. The cost of items asked for was not known and bids had 1 1 1 1 1 COUNCIL MEETING October 15, 1985 Page -4- to be taken. Mr. Cape said this was understood however, the smoke eater was a different situation. City Staff were pre- sent at the smoke eater demonstration. The Senior Council under- stood that this request would have to go to the City Council for their approval. Mayor Benson said if the purchase is from CDBG Grant Funds approval is required from the Council. If it is budgeted money Council approval is not necessary if the money is in the Senior budget. Mr. Cape felt it would have been better to have a Council liaison to the Senior Council for better communications. Mayor Benson said that the City will encourage hiring Peg Smith for another year. He explained Resolution #85 -21 which only targets what areas the money will be spent, not the amounts. The shelves can be done, the Seniors do no have to wait for the City if there is already funds available and in the budget. The hot water heater was not brought to our attention before but the Staff will get on it immediately. The Council will need further information on the smoke eaters, costs, etc. The Council would address this when all the information is received. Mayor Benson said the Council is not in the position to say tonight that the smoke eaters will be purchased. He will bring this to the Administrators attention and ask where this money will come from. Mayor Benson asked if the sink has been moved. Mr. Cape said the original plan shows the sink on the north wall of the kitchen. However, there was not any plumbing in this wall. The Seniors were told that if they want the sink moved, it would cost them $500.00. Mayor Benson said he will talk with the Administrator about this as well. All of these items will be addressed at the October 28, 1985 Council meeting. Mr. Kelling thanked the Council for the audience this evening.. He said he has visited Senior Centers in seven different states and feels this is one of the best he has seen. CONSIDERATION OF RESOLUTION #85 - 24. AWARDING $1,850,000.00 GEN- ERAL OBLIGATION TEMPORARY BONDS - CAROLYN GAMZ Ms. Gamz, Assistant Vice President of Springsted, Inc. told the Council that four bids have been received for the bond's, three from Minneapolis firms and one from a New York firm. She was very pleased to attract the New York bid as well as four bids in total as the bond market has become more crowded and it has become tougher to get more than one bid on a bond issue of this size. She noted that when they first started this program they were pro- jecting an interest rate of just under 8%. 139 140 COUNCIL MEETING October 15, 1985 Page -5- Ms. Gamz opened the bids and they were read: Company • Net Interest Dollar Cost Morgan Stanley & Co., Inc. $439,250.00 Piper Jaffray & Hopwood, Inc.$411,625.00 Cronin & Marcotte, Inc. $390,350.00 1st National Bank St. Paul $397,750.00 Net Interest Rate 7.9144% 7.4166% 7.0333% 7.1666% Ms. Gamz noted that the net interest cost had been projected to be near $70,000.00 semi - annually. The low bid would bring this cost down to near $61,000.00 semi - annually. Ms. Gamz noted that she felt this route the Council was taking in issuing three year temporary bonds was a good route and allowed for more flexibility. She recommended the Council accept the Cronin and Marcotte, Inc. bid. Mr. Marier moved to approve Resolution #85 -24, award the bid to Cronin and Marcotte, Inc. at the interest rate of 7.0333% inter- est and a Net Dollar Cost of $390,325.00 and waive the reading of the Resolution. Mr. Reinert seconded the motion. Motion carried unanimously. Ms. Gamz said it would take .approximately thirty days to get the money. Mayor Benson asked why this City received such a good rate of interest. Ms. Gamz said because of the City's credit rating, the size of the issue and the timing was right. RESOLUTION #85 - 24 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minn- esota, was duly called and held at City Hall in said City on the 15th day of October, 1985, at 7:00 P.M. o'clock P.M. for the pur- pose of opening, considering bids for, and awarding the sale of $1,850,000.00 General Obligation Temporary Improvement,Bonds, Series 1985A of the City. The following members were present: W. Bohjanen, D. Marier, V. Reinert and Mayor B. Benson and the following were absent: R. Kul - aszewicz.. The City Administrator presented affidavits showing publication of notice of call for bids on $1,850,000.00 General Obligation Tem- porary Improvement Bonds, Series 1985 of the City, for which bids COUNCIL MEETING October 15, 1985 Page -6- were to be received at this meeting, in accordance with the resol- ution adopted by the City Council on September 9, 1985. The aff- idavits were examined, found to comply with the provisions of Minn- esota Statutes, Chapter 475, and were approved and ordered placed on file. The Council proceeded to receive and open bids for the sale of the Bonds. The following bids were received: $1,850,000.00 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1985 CITY OF LINO LAKES, MINNESOTA AWARD: CRONIN & MARCOTTE, INCORPORATED And Associates SALE: October 15, 1985 Moody's Rating: A Interest Net Interest Bidder Rates Price Cost & Rate CRONIN & MARCOTTE, INC. 6.70% F & M Marquette National Bank Kidder, Peabody & Company, Inc. THE FIRST NATIONAL BANK OF 46.75% SAINT PAUL FIRST NATIONAL BANK OF MINN- EAPOLIS NORWEST INVESTMENT SERVICES $1,831,500 $390,350.00 (7.0333 %) $1,826,875 $397,750.00 (7.1666%) ti PIPER,JAFFRAY & HOPWOOD 7.00% $1,826,875 $411,625.00 INCORPORATED (7.4166 %) PaineWebber Incorporated Summit Investment Corporation American National Bank & Trust Company of St. Paul Moore, Juran and Company, Inc. MORGAN STANLEY & COMPANY, 7.50% $1,827,000 $439,250.00 INCORPORATED (7.9144 %) These Bonds are Being Reoffered at Par. Average Maturity: 3 Years BBI: 9.25% 142 COUNCIL MEETING October 15, 1985 Page -7- The Council then proceeded to consider and discuss the bids, after which member Marier introduced the following resolution and moved its adoption: Resolution #85 -24 RESOLUTION. ACCEPTING BID ON SALE OF $1,850,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1985 AND PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED by the Council of the City of Lino Lakes, Minnesota, as follows: 1. The bid of Cronin & Marcotte, ,Inc. (the "Purchaser ") to purchase $1,850,000 General Obligation Temporary Improvement Bonds, Series 1985 of the City (hereinafter referred to as "Bonds" or individually as "Bond "), in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,831,504 plus interest accrued to settlement is hereby found, determined and declared to be the most favorable bid received and is hereby accepted,_ and the Bonds are hereby awarded to said bidder. The City Administrator is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. 1 2. The Bonds shall be dated November 1, 1985, as.the date of original issue and shall be issued forthwith as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof. The Bonds shall mature on November 1, 1988. 3. The Bonds shall provide funds for the construc- tion of various improvements (the "Improvements ") in the City. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds herein authorized. Work on the Improvements shall proceed with due diligence to completion. 4. The Bonds shall bear interest payable semi- annually on May 1 and November 1 of each year commencing May 1, 1986 at the rate of six and seventy hundreths percent (6.70 %) per annum. 5. All Bonds of this issue shall be subject to redemption and prepayment "at the option of the City on November 1,'1987 or May 1, 1988 and on any interest payment date 1 COUNCIL MEETING October 15, 1985 Page -8- thereafter at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each registered holder of the Bonds. To effect a partial redemption ,of Bonds having a com- mon maturity date, the Bond Registrar prior to giving notice of redemption, shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or -the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his • attorney duly authorized in writing). and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or • Bonds of the same series having the same stated maturity and .interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 143 6. American National Bank and Trust Company. in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent (the "Bond Registrar ") and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holder) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 1 144 COUNCIL MEETING October 15, 195 Page -9- 7. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon shall be in substantially the following form: 1 1 R- COUNCIL MEETING October 15, 1985 Page -10- UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF LINO LAKES $1,850,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND, SERIES 1985 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % PER ANNUM November 1, 1985 REGISTERED OWNER: PRINCIPAL, AMOUNT: KNOW ALL PERSONS BY THESE PRESENTS that the City of Lino Lakes, Anoka County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns,' in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on May 1 and November 1 of each year (each, an "Interest Payment Date ") commencing May 1, 1986 at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of a duly organized and validly existing under the laws of (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the 1 145 146 COUNCIL MEETING October 15, 1985 Page -11- address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders 'not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 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 this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser does pot exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council has caused this Bond to be executed in its behalf by the facsimile signatures of the Mayor and the City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 1 1 1 1 1 COUNCIL MEETING October 15, 1985 Page -12- Date of Registration: Registrable by: Payable at: BOND REGISTRAR'S CITY OF LINO LAKES, CERTIFICATE OF ANOKA COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the /s/ Facsimile within mentioned Mayor Resolution. Bond Registrar By Authorized Signature /s/ Facsimile City Clerk 147 148 COUNCIL MEETING October 15, 1985 Page -13- ON REVERSE OF BOND • All Bonds of this issue are subject to redemption and prepayment at the option of the Issuer on November 1, 1987 or May 1, 1988 at par and accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemp- tion is in part, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to the Holders of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of -the principal amount of such Bond of a denomination of more 'than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Isstler or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 1 1 1 1 COUNCIL MEETING October 15, 1985 Page -14- This Bond is one of an issue in the total principal amount of $1,850,000 all of like date of original issue and tenor, except as to number and denomination, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on October 15, 1985 (the "Resolution ") for the purpose of providing money to finance the construction of various improvements in the City and is payable out of the General Obligation Temporary Improvement Bonds, Series 1985 Fund of the Issuer into which fund there are to be paid the proceeds of the definitive improvement bonds which the Issuer is required by law to issue at or prior to the maturity of this Bond for the purpose of refunding the same if the special assessments theretofore collected or any other municipal funds which are properly available and are appropriated by the City's Counsel for such purpose are not sufficient for the payment thereof. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. The Bonds are issuable solely as fully registered Bonds in the denominations of $5,000 and integral multiples thereof and are exchangeable for fully registered Bonds of other denominations in equal aggregate principal amounts and in authorized denominations at the principal office of the Bond Registrar, but only in the manner and subject to the " limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. This Bond is transferable by the Holder in person or by his attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regula- tions of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. 149 150 COUNCIL MEETING October 15, 1985 Page -15- The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond. The Issuer and the Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above list. 1 1 151 COUNCIL MEETING `w October 15, 1985 Page -16- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every - particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust' company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 152 COUNCIL MEETING October 15, 1985 Page -17- 8. The Bonds shall be executed on behalf of the City by the signatures of its.Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case,either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. 9. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless and until a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of . registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is November 1, 1985. The executed Certificate of Authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) and 'deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized 1 1 1 COUNCIL MEETING October 15, 1985 denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by .a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the-transfer or exchange of any Bond. Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 1 153 COUNCIL MEETING October 15, 1985 Page -19- shall be credited to the Construction Account, from which there shall be paid all costs and expenses of making the Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the Bond proceeds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement. (ii) Debt Service Account. There is hereby pledged and there shall be credited to the Debt Service Account (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the Bonds in excess of $1,826,875; (c) capitalized interest in the amount of $209,725 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before May 1, 1987); (d) the proceeds of any definitive improvement bonds issued to refund the Bonds to the extent necessary to pay any principal and interest on the Bonds, the payment of which has not otherwise been provided for; (e) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; and (f) all investment earnings on funds held in the Debt Service Account. The Debt Service Account herein created shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds issued hereunder and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. (iii) Investments. Any sums from time to time held in the Debt Service Account in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. Money in the Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent . that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as amended. 1 1 1 1 COUNCIL MEETING October 15, 1985 Page -20- 16. It is hereby determined that no less than 100% of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3) shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the Improvements. The City hereby covenants and agrees that it will. let all construction contracts not here- tofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts and will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments,, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3 the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than 10 % per annum: Improvement Designation Amount Levy Years Rice Lake Estates $1,828,264 1986 -2000 Weber Improvements $ 21,736 1985 -1999 155 156 COUNCIL MEETING October 15, 1985 Page -21- 17. To further provide moneys for the prompt and full payment of principal and interest on the temporary improvement bonds herein authorized.for sale, the City shall issue and sell definitive improvement bonds, at or prior to the maturity date of said temporary bonds issued hereunder, in such amounts as are needed to pay the principal and interest then due on said temporary improvement bonds after the application of the assessments collected, and the appropriation of such other municipal funds as are properly available for such purpose. The Council hereby finds, determines and declares that the estimated collections of special assessments to be received before the maturity date of said temporary improvement bonds and the proceeds of the definitive bonds to be issued at or before the maturity date of the Bonds herein authorized, and other revenues pledged for the payment of said temporary improvement bonds and the interest thereon will equal at least 5% in excess of the principal and interest requirements of said temporary improvement bonds as the same become due. 18. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. ti 19. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he shall require, and to obtain from the Auditor his certificate that the Bonds have been entered in the Auditor's Bond Register. 20. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser of the Bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 1 1 1 COUNCIL MEETING October 15, 1985 Page -22- The motion for the adoption of the foregoing resolution was duly seconded by member Reinert and upon vote being taken thereon, the following voted in favor thereof: All members present and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 158 COUNCIL MEETING October 15, 1985 Page -23- STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and Clerk - Treasurer acting XEMRPIENYMNSX of the City of Lino Lakes, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to opening and considering bids for, and awarding the sale of $1,850,000 General Obligation Temporary Improvement Bonds, Series 1985 of said City. WITNESS my hand and the seal of said City this 15th day of October , 1985. (SEAL) rxX XXSmmKNE iX Clerk - Treasurer 1 COUNCIL MEETING October 15, 1985 Page -24- CONSIDERATION OF RESOLUTION #85 - 21. AMENDING RESOLUTION DES- IGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR 1984 - 1985 Mr. Tesch said this resolution only enlarges the scope to include the Senion Citizens Center and the Senior Citizen Club. Mr. Reinert moved to approve Resolution #85 -21 designating the CDBG Funding for 1984 -1985 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. RESOLUTION NO. 85 - 21 AN AMENDING RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEARS 1984- 1985. WHEREAS: The cities of Spring Lake Park, Circle Pines, Centerville, and Lexington have formally approved a schedule of fund- ing which would allow Lino Lakes to receive its total allocation within a two -year period (1984 - 1985). NOW THEREFORE, BE IT RESOLVED THAT: 1 The Lino Lakes City Council hereby endorses the concept of pooling CDBG entitlements thus allowing maximum use of these funds, 2. The Lino Lakes City Council allocates $5,000.0(.of its 1985 CDBG funding to the Alexandra House, Inc., with the balance of its 1985 appropriation for the Lino Lakes Senior Citizen Club, the completion of the Lino Lakes Senior Center and the completion of its proposed West Central Service area utility extension for utility ass- essment assistance to benefit a proposed moderate income housing development and benefiting eligible residents in the area. Passed by the Lino Lakes City Council this 15th Day of October, 1985. Marilyn G. Anderson, Clerk- Treasurer 159 COUNCIL MEETING October 15, 1985 Page -25- CONSIDERATION OF RESOLUTION #85 -20. AMENDING 1985 BUDGET Mayor Benson said the effect of the Resolution is to adjust for the settlement of the Police union contract and for the additional insurance costs. Mr. Reinert noted that the City of Circle Pines will be increasing their mill rate in 1986 and a large part of this increase was due to a large insurance premium increase. Lino Lakes is not the only City feeling the additional insurance premium burden. Mr. Reinert moved to approve Resolution #85 -20 amending the 1985 op- erating budget and waive the reading thereof. Mr. Marier seconded the motion. Motion carried unanimously. RESOLUTION #85 - 20 RESOLUTION AMENDING THE 1985 ANNUAL OPERATING BUDGET FOR THE CITY OF LINO LAKES WHEREAS, pursuant to the City Charter, Section 7.08, any alter- ations in the budget must be made by Council Resolution, and WHEREAS, adjustments have been made in the areas of police sal- aries and insurance expense for all departments. NOW, THEREFORE, BE IT RESOLVED: that the following amended operating budget be tdopted for 1985: 1985 AMENDED BUDGET Receipts• Levy $775,000 MSA Roads 13,000 State Aid 196,308 City Services 96,500 Police Receipts 83,300 Refunds & Reimbursements 16,567 Federal Revenue Sharing 41,760 Total Receipts $1,222,435 Reserved for Transfers 50,000 1984 Accumulated Year End Surplus 156,695 Total All Receipts $1,429,130 Disbursements; Original Amended Mayor & Council 18,450 21,915 -Elections and Voters Regi- stration 3,-000 3,000 1 1 1 1 Administration Assessor Legal Printing Consultants Planning & Zoning Government Buildings Charter Commission Police Department Fire Department Building Inspections Civil Defense Animal Control Public Works Department Weed Inspections Parks Department Park Board Cable TV Reserve for Salary & Wage Adjustment 1985 Projected Year End Surplus Total COUNCIL MEETING October 15, 1985 Page -26- 121,105 14,455 1,900 78,100 990 76,900 200 328,705 76,300 44,050 3,675 4,150 339,890 275 64,575 700 6,800 16,200 228.710 1,429,120 121,105 14,455 1,900 78,100 990 106,425 200 334,895 76,300 44,275 3,675 4,150 341,490 275 65,890 700 6,800 0 202,590 1,429,130 Passed by the City Council this 15th day of October, 1985. Marilyn G. Anderson, Clerk - Treasurer enja 4 161 son, Mayor CONSIDERATION OF ACCEPTING AL MATHEWS RESIGNATION FROM THE CENTENNIAL FIRE COMMISSION AND RECOMMENDATION FOR REPLACEMENT Mayor Benson has received a letter of resignation from Al Mathews. He has talked to the alternate fire commissioner Marilyn Elsenpeter to determine if she would consider accepting Mr. Mathews position. Mrs. Elsenpeter said she could not and she will also have to re- sign as alternate because of personal reasons. She asked that she be considered some time in the future for another position. Mr. Marier moved to accept the resignation of Al Mathews and send him a letter of thank you for his service. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benison asked all the newspapers to include in their article 162 COUNCIL MEETING October 15, 1985 Page -27- on Mr. Mathews resignation a statement indicating the City is look- ing for a new liaison Commissioner to the Fire District. An advert- isement could be placed in the papers if there is no response to the article. ENGINEERS REPORT - BOB TODDIE Workscope and Cost Estimates for Wilson Lawsuit - Mr. Toddie pre- sented a workscope and proposal to the Council for performing the study of the Wilson property. Mr. Hawkins has asked for help from TKDA in this matter so that he can prepare an answer to the lawsuit He asked that the Council take action on this proposal at the next Council meeting. Summary of the Shoreview Sanitary Sewers and Water Main Extension - Baldwin Lake Area - Mr. Toddie has already given the Council a copy of the proposed Sanitary Sewer and Water Main Extension and Service Agreement, Shoreview - Lino Lakes Baldwin Lake Area. This agreement has not yet been approved by the Shoreview Council, how- ever, Mr. Toddie feels this is a fair agreement and would answer any questions. He said both Mr. Hawkins and Mr. Schumacher will have to review the proposed agreement. Mayor Benson asked if the figures are consistent to what Shoreview is charging their citizens. Mr. Toddie said he was told it is and feels he should take their word on it. Mayor Benson asked that the City Attorney and City Administrator review this proposed agreement and place it on the next Council agenda with their comments. Status Report and Construction Schedule for 4th Avenue State Aid Road and Storm Sewer Project - Mr. Toddie presented a schedule on the 4th Avenue project. He told them they have just received the aerials and are working on preliminary plans. By the first of November he expects the plans to be complete enough to determine what additional right -of -way will be needed to put the road in place. He explained the balance of the schedule to the Council. Mayor Benson suggested that TKDA draft a letter that can be sent out to the affected land owners explaining the project and what they can expect. He felt this was good public relations. Mr. Bohjanen moved to have TKDA draft a letter to the affected resident by the next Council meeting so that it can be sent out from the City Clerks office. Mr. Marier seconded the motion. Motion carried unanimously. • OLD BUSINESS COUNCIL MEETING October 15, 1985 Page -28- A. Consideration and Approval.of Election Judges - Mr. Reinert moved to approve the 1985 Election Judges for Precinct #1 and #2 as lasted by the City Clerk. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1 B. Mayor Benson noted receipt of a letter from the League of Minn- esota Cities indicating the possibility of a State Revenue Short- fall which could affect the 1986 local government aid. He asked Mr. Huss to keep an eye on this situation because we could be ad- versely affected. OLD BUSINESS There was no Old Business. Mr. Bohjanen moved to adjourn at 7:55 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered and approved at a regular meeting of the City Council on October-244;1985. $njamin G ./Bensbt; Marilyn G Anderson, City Clerk 163