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HomeMy WebLinkAbout08/24/1987 Council Minutes (2)UNCIL MEETING AUGUST 24, 1987 ' The regular meeting of the Lino Lakes City Council was called to order at 7:17 P.M. by Mayor Benson. Council Members present: Bisel, Marier, Bohjanen, Reinert. Members absent: None. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - AUGUST 10. 1987 Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - AUGUST 24. 1987 Mr. Reinert moved to approve these Disbursements as presented. Mr. Bisel seconded the motion. Motion carried unanimously. OPEN MIKE Indy St. Clair, 129 - 74th Street. Mrs. St. Clair presented a tition from landowners near 74th Street for the improvement of 74th reet. She explained that it is understood that they may be sponsible for some of the costs of the improvement. Mayor Benson accepted the petition and asked Mrs. St. Clair to be the spokesperson for all the residents in the area. The response of the Council to the petition will be relayed to Mrs. St. Clair. RESOLUTION NO. 45 - 87, AWARD OF SALE OF $1,650,000.00 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS 1987A AND RESOLUTION NO. 46 - 87 SCHEDULING A PUBLIC HEARING Mr. David MacGillivray of Springsted, Inc. handed out the bid list on the bond issue and indicated that The First National Bank of St. Paul, First Bank Minneapolis, Norwest Investment Services, Inc. was the low bidder with a net interest rate of 5.4333 %. He explained that this was a very good rate especially since the City will be assessing at the rate of 9 %. Mr. MacGillivray also explained that Lino Lakes' bond rating had been dropped from A to BAA -1. He indicated that this is due to several considerations such as; the City does not have a long track record on assessment collections, the City does not have a diversified tax base, there are overlapping jurisdictions and the City is growing very fast IId issuing improvement bonds at a faster rate. He also noted that the w rating is a very good rating. He also noted that Lino Lakes GE 1 t1i COUNCIL MEETING AUGUST 24, 1987 ' compares very favorably with other communities of like size and like debt status. Mr. MacGillivray recommended that the Council approve the low bid for the bonds and adopt Resolution No. 45 - 87. Mr. Bisel moved to adopt Resolution No. 45 - 87 and award the bid to the First national Bank of St. Paul, First Bank Minneapolis, Norwest Investment Services, Inc. at 5.4333 %. Mr. Reinert seconded the motion. Motion passed with Mr. Marier voting no. This resolution can be found in its entirety at the end of these minutes. Mr. MacGillivray explained that the proper procedures were not followed in some of the improvement projects with respect to the City Charter. He recommended that the Council adopt Resolution No. 46 - 87 and set a public hearing for five improvement projects. Mr. Bisel moved to adopt Resolution No. 46 - 87. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 46 - 87 RESOLUTION SCHEDULING A PUBLIC HEARING ON CERTAIN PUBLIC IMPROVEMENT PROJECTS IN THE CITY OF LINO LAKES. BE IT RESOLVED: by the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) pursuant to a resolution of the City Council adopted November 24, 1987, an engineer's report has been pre- pared with reference to the improvement of Black Duck Drive south of Birch Street (D. Erickson 2nd Addition Improvement: northeast 1/4 of the southeast 1/4 of Section 28, Township 31, Range 22 in the City); the report was received by the City Council on March 9, 1987; the area proposed to be assessed for such im- provement is the property abutting on Birch Street; and the estimated cost of the improvement is $1,064,241; (b) pursuant to a resolution of the City Council adopted February 9, 1987, an engineer's report has been pre- pared with reference to the improvement of trunk watermains starting at the 900 block of Birch Street, west to Hodgson Road north to the plat known as Rice Lake Estates (Trunk Watermain Improvement); the report was received by the City Council on June 8, 1987; the PAGE 2 COUNCIL MEETING AUGUST 24, 1987 ' 1 1 area proposed to be assessed for such improvement is the plat known as South Reshanau Lake estates and the plat known as D. Erickson's 2nd Addition; the estimated cost of the improvement is $618,260.00; (c) pursuant to a resolution of the City Council adopted February 24, 1986, an engineer's report has been prepared with reference to the improvement of Fourth Avenue between Main Street and Lilac Street (Fourth Avenue Improvement); the report was received by the City Council on March 24, 1986; the area proposed to be assessed for the improvement is the property abutting on Fourth Avenue and the Sherwood Green plat; the estimated cost of the improvement is $731,137; (d) pursuant to a resolution of the City Council adopted August 25, 1986, an engineer's report has been prepared with refer- ence to the improvement of North Road between Sunset Road and Lake Drive including installation of a watermain, sanit- ary sewer and curbs and gutters (North Road Improvement); the report was received by the Council on September 8, 1986; the area proposed to be assessed for the improvement is the property abutting on North Road; the estimated cost of the improvement is $33,459.00; and (e) pursuant to a resolution of the City Council adopted October 27, 1986, an engineer's report has been prepared with refer- ence to the improvement of Deer Pass Trail from Rolling Hills Drive to the terminus of Deer Pass Trail (Deer Pass Trail Improvement); the report was received by the City Council on November 10, 1986; the area proposed to be assessed for the improvement is the property abutting on Deer Pass Trail; the estimated cost of the improvement is $17,042.00. 2. A public hearing shall be held on the improvements described above on the 28th day of September, 1987, in the Council Chambers of the City Hall at 7:30 P.M. The Clerk is directed to publish a copy of this resolution as required by Section 8/04, Subdivision 1 of the City Charter. Adopted by the Lino Lakes City Council this 24th day of August, 1987. IGE 3 14 COUNCIL MEETING Mari 1 Anderson, Clerk- Treasurer AUGUST 24, 1987 ' RESOLUTION NO. 36 - 87, DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF 4TH AVENUE, AND THE CLEANING OF COUNTY DITCH NO. 22. Mr. Reinert moved to adopt Resolutuion No. 36 - 87 and dispense with the reading. Mr. Marier seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 36 - 87 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF 4TH AVENUE AND THE CLEANING OF DTICH NO. 22. WHEREAS, costs have been determined for the improvement of 4th Avenue from Lilac Street on the South to Main Street (County #14) on the North, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA; 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero, the cost to be paid by Rice Creek Watershed District is $9,600.00, the cost to be paid by Anoka County is $10,000.00 and the portion of the cost to be assessed against the benefited property owners is declared to be $51,700.00. 2. Assessments shall be payable in equal annual installments extend- ing over a period of fifteen years, the first of the installments to be payble on or before the first Monday in January, 1988, and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable to, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. PAGE 4 1 COUNCIL MEETING AUGUST 24, 1987 ' IIIopted by the Council this 24th da ._ t, 1987. Maril n Anderson, Clerk- Treasurer enjami Benson, Mayor RESOLUTION NO. 37 - 87, DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE IMPROVEMENT ON DEER PASS TRAIL Mr. Marier asked if the resolution should note that those land owners who contributed to the original construction should receive credit for that cost. Mr. Stahlberg asked if the original'costs should be included in the overall Engineer's estimates. Mr. Hawkins said that the resolution should include language regarding the original owners costs and he did not believe the original costs should be included in the Engineer's estimate. Ill. Bisel moved to adopt Resolution No. 37 - 87 as edited by the Mr. wkins. Mr. Reinert seconded the motion. Motion carried animously. CITY OF LINO LAKES RESOLUTION NO. 37 - 87 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE IMPROVEMENT ON DEER PASS TRAIL. WHEREAS, costs have been determined for the improvement of the entire length of Deer Pass Trail, and this improvement affects lots 18 through 28 of the Otter Lake Hills subdivision, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the poriton of the cost to be assessed against benefited property owners is declared to be $19,848.00. 2. The City Engineer shall determine the credit to be applied to certain lots who paid the 1974 construction costs. PAGE 5 'l6 COUNCIL MEETING AUGUST 24, 1987 ' 3. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first install- ments to be payable on or before the first Monday in January, 1988, and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of the assessment re- solution. 4. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy\ of such proposed assessment in her office for public inspection. 5. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 24th ust, 1987. Mari -VV.. Anderson, Clerk- Treasurer enja.in enson, Mayor RESOLUTION NO. 38 - 87, DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR MUNICIPAL WATER AND SANITARY SEWER AND CURB AND GUTTER IMPROVEMENT ON NORTH ROAD Mr. Stahlberg explained that this is basically an extension of the sanitary sewer that is serving Rice Lake Estates. The residents on North Road were told at the public hearing that they can defer their assessments in the same manner as those residents on Sunset Road did. At the time the resident decides to hook up to the utilities the resident must pay the assessment, plus interest and the engineering factor all at one time as a hook up charge. This assessment is for sewer and water connections. A portion of the curb and gutter improvement is to be assessed also and this assessment will appear on the 1988 property tax statements. Mr. Marier said he understood that the resident was to pay only the actual costs and interest, not an inflated rate. He felt the esculated costs should not be charged in this case. Mr. Bohjanen moved to approve Resolution No. 38 - 87 and dispense with the reading. Mr. Reinert seconded the motion. Motion carried with Mr. Marier voting no. PAGE 6 1 UNCIL MEETING AUGUST 24, 1987 ' CITY OF LINO LAKES RESOLUTION NO. 38 - 87 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR MUNICIPAL WATER, SANITARY SEWER AND CURB AND GUTTER IMPROVEMENT ON NORTH ROAD. WHEREAS, costs have been determined for the extension of municipal water, sanitary sewer and the installation of curb and gutter on the entire length of North Road, and total expenses incurred in the making of such improvement amount to $33,459.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefited property owners is declared to be $34,463.00. 1 Assessments shall be payable in equal annual installments extend- ing over a period of fifteen years, the first installments to be payable on or before the first Monday in January, 1988, and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuatiion, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment. notify the Council thereof. Adopted by the Council this 24th d August, 1987. Benjam G. Benson, Mayor Anderson, Clerk- Treasurer 217 218 COUNCIL MEETING AUGUST 24, 1987 ' RESOLUTION NO. 39 - 87, DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CERTAIN RESIDENTS ON ASH STREET (EXTENSION OF SHOREVIEW UTILITIES) Mr. Stahlberg indicated that he did not have the final figures for this project as he just received the various costs today. Several things did affect this project. First only seven homeowners petition for the improvements. Later two more homeowners petitioned. When the improvement was bid, the bids came in more than 10% higher than the Engineer's estimate and all the bids were rejected. The improvement was completed with day labor. In addition Ramsey County added to the costs of the improvement. Mayor Benson noted that one landowner wanted the boulevard sodded rather than seeded. Mr. Stahlberg said he this could be done, however, the cost of the sod would be included in his assessment. Mr. Marier moved to approve Resolution No. 39 - 87 and asked that the Council be informed of the actual costs. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 39 - 87 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CERTAIN RESIDENTS ON ASH STREET (EXTENSION OF SHOREVIEW UTILITIES) WHEREAS, costs have been determined for the extension of municipal water and sanitary sewer for certain residents on Ash Street described as 155 Ash Street, 165 Ash Street, 175 Ash Street, 185 Ash Street, 205 Ash Street, 225 Ash Street, 245 Ash Street and 255 Ash Street, and total expenses incurred in the making of such improvement amount to $104,600.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefited property owners is declared to be $104,600.00. 2. Assessments shall be payable in equal annual installments ex- tending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1988, and shall bear interest at the rate of nine (9) per cent per PAGE 8 219 COUNCIL MEETING AUGUST 24, 1987 ' I annum from the date of the adoption of the assessment resol- ution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 24 :ust, 19 IIISOLUTION NO. 40 - 87, CALLING HEARING ON PROPOSED ASSESSMENT FOR 4TH ENUE i r Benjami G. Benson, Mayor ril Anderson, Clerk - Treasurer Mr. Bisel moved to adopt Resolution No. 40 - 87 and dispense with the reading. Mr. Marier seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 40 - 87 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 4TH AVENUE FROM LILAC STREET TO MAIN STREET WHEREAS, the City Clerk was directed to prepare a proposed assess- ment of the cost of the improvement of 4th Avenue from ] Lilac Street to Main Street, and WHEREAS, the proposed assessment has been completed and filed in the office of the Clerk for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: PAGE 9 A hearing shall be held on the twenty first day of September, 220 COUNCIL MEETING AUGUST 24, 1987 ' 1987, in the city hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hear- ing on the proposed assessment to be published once in the off- icial newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, 'except that no inter- est shall be charged if the entire assessment is paid within thirty (30) days form the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 24th day of August, 1987. °11,1° Benj :, G. :enso , Mayor Marilyn Anderson, Clerk- Treasurer RESOLUTION 41 - 87, CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF DEER PASS TRAIL Mr. Marier moved to adopt Resolution No. 41 - 87 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 41 - 87 PAGE 10 COUNCIL MEETING AUGUST 24, 1987 • SOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROEMENT OF 'ER PASS TRAIL. WHEREAS, WHEREAS, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement of Deer Pass Trail, and the proposed assessment has been completed and filed in the office of the Clerk for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the twenty first day of Sep - tember, 1987, in the city hall at 7:15 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the ass- essment roll not less than two weeks prior to the hearings. 3. The owner of any property so asessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with in- terest accrued to the date of payment, to the City Clerk, except that no interest shall be charge if the entire ass - essment is paid within thirty (30) days from the adoption of the assessement. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remain- ing unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 24th day of August, 1987. AGE 11 L2, 222 COUNCIL MEETING . Anderson, Clerk - Treasurer AUGUST 24, 1987 ' RESOLUTION NO. 42 - 87, CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR MUNICIPAL WATER, SANITARY SEWER, CURB AND GUTTER IMPROVEMENT ON NORTH ROAD Mr. Bohjanen moved to adopt Resolution No. 42 - 87 and dispense with the reading. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 42 - 87 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR MUNICIPAL WATER, SANITARY SEWER AND CURB AND GUTTER IMPROVEMENT ON NORTH ROAD. WHEREAS, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement of the above described im- provements on North Road, and WHEREAS, the proposed assessment has been completed and filed in the office of the Clerk for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the twenty first day of Sep- tember, 1987, in the city hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affectd by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hear- ing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with in- terest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire ass- PAGE 12 COUNCIL MEETING 1 AUGUST 24, 1987 ' essment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remain- ing unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 24th day of August, 1987. -4141111111441111111 Benjamin G. Benson, Mayor y_ ,- GIZ----e---- Maril n G. Anderson, Clerk- Treasurer RESOLUTION NO. 43 - 87, CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR MUNICIPAL WATER AND SANITARY SEWER IMPROVEMENTS FOR CERTAIN RESIDENTS ON ASH STREET (EXTENSION OF SHOREVIEW UTILITIES) I. Reinert moved to adopt Resolution No. 43 - 87 and dispense with . reading. Mr. Marier seconded the motion. Motion carried animously. CITY OF LINO LAKES RESOLUTION NO. 43 - 87 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR MUNICIPAL WATER AND SANITARY SEWER IMPROVEMENT FOR CERTAIN RESIDENTS ON ASH STREET (EXTENSION OF SHOREVIEW UTILITIES) WHEREAS, the City Clerk was directed to prepare a proposed assessment of the cost of the extension of municipal water and sanitary sewer for certain residents on Ash Street as described in Resolution No. 39 - 87, WHEREAS, the Clerk has notified the Council that such proposed ass- essment has been completed and filed in her office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: IIIA hearing shall be held on the twenty first day of September, GE 13 223 224 COUNCIL MEETING AUGUST 24, 1987 ' 1987, in the city hall at 7:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning prop- erty affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hear- ing on the proposed assessment to be published once in the off- icial newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so asessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, 'except that no in- terest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 24th day of August, 1987. M r . Anderson, Clerk - Treasurer SECOND READING, ORDINANCE NO. 17 - 87, CONCERNING BUILDING STANDARDS IN COMMERCIAL AND INDUSTRIAL DISTRICTS. Mr. Jeff Joyer of 8241 Rondeau Lake Road West asked the Council if they would consider the following amendment to the ordinance: Section I, Subdivision 3, (1) add, "or farm machinery ". He explained that he and his family own a truck farm on property zoned general business. This ordinance would prohibit the erection of a pole building on this general business property. The building would be used for storing the farm equipment used for gardening. Mr. Reinert suggested that Mr. Joyer could apply for a variance. Mr. Joyer said it would be hard to prove a hardship to qualify for a variance. Mr. Bisel asked what PAGE 14 1 �2J IIIOUNCIL MEETING AUGUST 24, 1987 ' uld happen if someone came to the Council and asked to build a pole ilding for storing farm equipment in their sales of farm equipment operation? How many other cases are being missed by this ordinance? Mayor Benson suggested that the Council deal with the businesses as they come along. Mr. Bisel moved to approve the second reading of Ordinance No. 17 - 87. Mr. Marier seconded the motion. Motion carried unanimously. This ordinance can be found in the August 10, 1987 Council minutes. SECOND READING, ORDINANCE NO. 18 - 87, AMENDING THE DISEASE TREE SECTION OF THE CITY CODE. Mr. Bisel moved the adoption of the second reading of Ordinance No. 18 - 87 and dispense with the reading. Mr. Reinert seconded the motion. Motion carried unanimously. This ordinance can be found in the August 10, 1987 Council minutes. PLANNING AND ZONING REPORT - PETE KLUEGEL Consideration of Setting a Public Hearing for Rezone of Outlot "J" - Marier moved to set the public hearing for 8:30 P.M., September , 1987. Mr. Bisel seconded the motion. Motion carried unanimously. nsideration of Setting a Public Hearing for Rezone of Baldwin Lake Court - Mr. Bohjanen moved to set the public hearing for 8:45 P.M., September 14, 1987. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision of A, B and C for Peter Rosenthal. - Mr. Kluegel explained that Mr. Rosenthal purchased a portion of the St. Paul Water Departments right -of -way and is now asking that it be divided so that it can be added to some of the lots in the Rohavic subdivision. The Planning and Zoning Board has recommended approval of this request. Mr. Marier moved to grant a minor subdivision to Mr. Rosenthal for parcels A, B and C. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of Vacation of Allen Court - "Mr. Kluegel explained that he had received a request from Mr. Terry Angel and his neighbor to vacate a 60 foot easement between their two lots and split the easement so that each could add a portion to their lots. The City Engineer had reviewed the request and found that there would not be a problem. The Planning and Zoning Board did review this request and it is their recommendation that the request be denied because there are me larger lots to the south of this easement that sometime in the ture could be resubdivided. Mr. Marier moved to approve the AGE 15 226 COUNCIL MEETING AUGUST 24, 1987 ' recommendation of the Planning and Zoning Board and deny the request for vacation of Allen Court. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision, Donlin - Mr. Kluegel explained that this proposed subdivision meets the requirements of the district in that there is proper front footage and acreage. The property is owned by Mr. Art Hawkins at 6102 Centerville Road and he plans to sell it to his daughter so that she may build a new home. Mr. Bisel moved the adoption of P & Z item No. 87 - 22 approving the subdivision of the parcel. Mr. Bohjanen seconded the motion. Motion carried unanimously. Roland Ford Update - Mr. Kluegel noted that a court date of September 25, 1987 has been set for Mr. Ford. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 44 - 87, Accepting Bidsfor Deer Pass Trail. - Mr. Stahlberg explained that bids had been received for the proposed improvement. He is recommending acceptance of the low bid from Bituminous Consulting & Constracting. Mr. Marier moved to approve Resolution No. 44 - 87 accepting the low bid from Bituminous Consulting & Constracting of $10,507.00. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 44 - 87 RESOLUTION ACCEPTING BIDS FOR THE IMPROVEMENT OF DEER PASS TRAIL. WHEREAS, pursuant to an advertisement for bids for the improvement of Deer Pass Trail, bids were received, opened and tabulated according to law, and the following bids were received com- plying with the advertisement: Bituminous Consulting & Contracting Alber Construction Valley'Paving, Inc. T. A. Schifsky & Sons H. L. Johnson Company Bituminous Roadwacy Munn Blacktop Northern Asphalt $10,507.00 10,960.00 11,318.00 11,562.50 12,456.00 13,272.00 13,546.80 22,737.60 AND WHEREAS, it appears that Bituminous Consulting & Contracting of PAGE 16 1 1 227 1OUNCIL MEETING AUGUST 24, 1987 ' 2456 - 125th Avenue, Blaine, Minnesota, is the lowest res- ponsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Bituminous Consulting & Contract - ing in the name of the City of Lino Lakes for the improvement of Deer Pass Trail according to the plans and specifications there- for approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forth- with to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council of Lino Lakes this 24th day of August, 1987. Maril t J / Anderson, Clerk- Treasurer ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. OLD BUSINESS Update Animal Control - Mrs. Anderson explained that the Anoka County Humane Society has promised to provide animal control coverage for Lino Lakes and several other communities. The fees have not yet been established. Mrs. Anderson will keep the Council informed on this matter. Ampitheater - Planner's Letter - Mr. Schumacher explained a petition had been received after the last Council meeting. The petition requests this Council to request that the Metropolitan Council conduct a Metropolitan Review of Significance and also request a Special Facilites review of the amphitheater proposal. An EAW has been eceived from the City of Blaine and Mr. Miller has highlighted areas f concern that may affect Lino Lakes. Mr. Schumacher has prepared a AGE 17 L COUNCIL MEETING AUGUST 24, 1987 ' letter to the City of Blaine and a draft copy has been given to the Council for their review. Mr. Marier asked that a copy of this letter be sent to Mrs. Langfeld, our County Commissioner. Mayor Benson said he had talked to Mrs. Langfeld and she indicated that she has not given her support to the proposal as yet. Mayor Benson told Mrs. Langfeld that he felt Ash Street deserved consideration from Anoka County before any funding of an improvement of Lexington Avenue for the ampitheater. Mr. Reinert also asked that Senator Dahl and Rep. Quinn be sent a copy of the draft letter. Mayor Benson asked that a cover letter be included with the copies to the various representatives explaining that this facility will have significant impact on Lino Lakes and surrounding communities and would appreciate any information they can give on the issue. He also wanted it noted in the cover letter that this is a very touchy issue. Mr. Schumacher pointed out that the petition requests review from Metro Council. Mayor Benson asked that this be requested and to send copies of the draft letter to all cities and governmental agencies as need to be aware of Lino Lakes concerns. Mary Beth Schmuland, 212 Ulmer Drive - Mrs. Schmuland asked that this Council encourage Blaine to respond to the letter being sent from this Council. Gary Dahl, 216 Ulmer Drive - Mr. Dahl thanked the Council for their attention so far and asked them to let him know if there is anything the citizens can be doing on this matter. Insurance Renewal - Mr. Schumacher pointed out that all the City insurance policies will renew on August 26, 1987. The renewal rates are less than in 1986 and do indicate that a lower trend has been started. The City will pay about $4,000 less in insurance coverages for the coming policy year. Mr. Marier asked that a breakdown on coverages and their costs be placed in the Council boxes. 80th Street Update - Mr. Stahlberg explained that the Legislature did not fund the 80th Street bridge for 1987. Therefore the upgrading of this street has been delayed until 1988. Mr. Marier was very concerned since the bridge is a one lane bridge and a safety hazard. Mayor Benson asked that a letter be sent to the State indicating that they are holding up this project and it is definitely a safety hazard and funds are needed for this year. Mr. Marier asked for progress reports on this matter. Extension of East Ash Street Update - Mr. Schumacher explained he has scheduled a meeting with Metro Open Space for Wednesday, at 7:00 P.M. to hammer out an agreement on how Ramsey County Open Space will be PAGE 18 1 1 1 L23 MEETING 1UNCIL AUGUST 24, 1987 ' volved in the upgrading of East Ash Street. He would like an ected official to go with him. Mr. Bohjanen indicated he would be available. Clarify Action on Comprehensive Plan Amendments. - Mr. Schumacher indicated that at the last Council meeting the Council took some action that needs clarification. Mr. Schumacher showed the Council a map of what he understands the action of the Council to be as far as the extension of the sewer district is concerned. At the last meeting some areas were taken from the southern sewer district and added to the northern district. Mr. Schumacher indicated that Met Council did not really care what this City used for lot sizes. However, Met Council is still insisting on four units per forty acres for building sites. The Council asked that the minutes reflect the exact Council actions of August 10, 1987. Attached to the end of these minutes is a map outlining all districts in the Comprehensive Land Use Plan as outlined by the Council. ICMA International Meeting - Mr. Schumacher indicated that this I eting will be held September 25th though Septembe 29th in Canada. asked for authorization to attend this conference. He noted some the topics scheduled for discussion at the conference. He also ted that expenses would probably be about $800.00. Mr. Bohjanen moved to allow this expenditure not to exceed $1,000.00. Mr. Bisel seconded the motion. Motion carried unanimously. Letter - Anoka County Solid Waste Advisory Committee - A member of the City Council is requested to serve on the Solid Wate Advisory Task Force. Mr. Schumacher suggested that he attend the first meeting and bring input back to the City Council. Cable TV Cablecasting - Mr. Schumacher explained that the cable company is now at the point of installing cable casting equipment here in the Council chambers. Does the Council wish to go forward with the installation. There is no cost to the City. Mayor Benson felt this was a good idea to keep the citizens informed. Mr. Marier felt the cable coverage in Lino Lakes was not very good and asked what percentage of the population had cable available to them. Mr. Bisel said he would be interested to see how many hook ups have been installed since the last cable report to the Council. Centennial Fire District Letter - Mr. Schumacher explained a letter 111 s been received from the fire district asking for further direction the fire district budget. They asked for a response within the AGE 19 COUNCIL MEETING AUGUST 24, 1987 ' next two weeks. Mayor Benson thought the Cities had been very clear at the meeting held previously on this matter. Centennial School Distrt Celebration. - Mayor Benson explained that Centennial Schools has received recognization as a National School of Excellence. The District has asked that each city send a letter with a resolution of congratulation and a plaque to the school district in recognization of this award. Mr. Schumacher will determine what other cities are doing and update the Council. Mr. Bisel moved to adjourn at 9:07 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. PAGE 20 These minutes were considered and approved at a regular council meeting on September 14 987. MARILY i G. ANDERSON I " G. BENSON Cler -Treasurer Mayor 1 1 CITY OF LINO LAKES Resolution No. 45 - 87 A RESOLUTION AWARDING THE SALE OF $1,650,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1987A; 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, Anoka County, Minnesota, (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $1,650,000 General Obligation Temporary Improvement Bonds, Series 1987A (Bonds) of the City described in the Official Terms of Offering 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 $ plus accrued interest to date of delivery, for Bonds bearing interest at the rate of % per annum. Net effective interest rate: 1.02. The sum of $ being the amount bid by the Purchaser in excess of $1,633,500 shall be credited to the Debt Service Fund hereinafter created. The City Clerk- Treasurer is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessful bidders forthwith. The Mayor and City Clerk- Treasurer are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City shall forthwith issue and sell the Bonds in the total principal amount of $1,650,000, originally dated September 1, 1987, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1 upward, bearing interest as above set forth, and which Bonds mature on September 1, 1990. 1.04. Optional Redemption. The City may elect on September 1, 1989 and on March 1, 1990 to prepay Bonds. Redemption may be in whole or in part of the Bonds subject to prepayment. If only part of the Bonds are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond shall be dated as of the date of original issue. The interest on the Bonds shall -be payable on March 1 and September 1 of each year, com- mencing March 1, 1988, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corpo- rate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, trans- ferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is pre- sented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no, liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. 1 3 (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surren- dered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the regis- tration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publica- tion or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemp- tion are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City hereby appoints , Minnesota, as the initial Registrar. The Mayor and the Clerk - Treasurer are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consoli- dation of the Registrar with another corporation, if the resulting 234 • corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Regis- trar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Clerk- Treasurer shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk- Treasurer and shall be executed on behalf of the City by the signatures of the Mayor and the Clerk - Treasurer, provided that all signatures may be printed, engraved or litho- graphed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or fac- simile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwith- standing such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentica- tion'on each Bond shall be conclusive evidence that it has been authenti- cated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Clerk- Treasurer shall deliver the same to the Purchaser thereof upon payment of the purchase price in accor- dance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06 Temporary Bonds. The City may elect to deliver in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth in Section 3 with such changes as may be - necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive bonds the temporary bonds shall be exchanged therefor and cancelled. Section 3. Form of the Bonds. 3.01. The Bonds shall be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND, SERIES 1987A 1 1 1 1 Date of Rate Maturity Original Issue CUSIP September 1, 1990 September 1, 1987 No. R The City of Lino Lakes, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable March 1 and September 1 in each year, com- mencing March 1, 1988, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevo- cably pledged. The City may elect on September 1, 1989 and on March 1, 1990, to prepay Bonds of this issue. Redemption may be in whole or in part of the Bonds subject to prepayment. If only part of the Bonds are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued inter- est. The City Council has designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986 (the Code) and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully-set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Clerk- Treasurer and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF LINO LAKES, MINNESOTA (facsimile) (facsimile) City Clerk- Treasurer Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $1,650,000, all of like original issue date and tenor, except as to number, issued pursuant to a resolution adopted by the City Council on August 24, 1987 (the Resolution), 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 City's home rule charter, the Constitu- tion and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited thereby, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City is irrevocably pledged for payment of this Bond, and the City Council has obligated itself to issue and sell definitive or addition- al temporary bonds to redeem the Bonds and to levy taxes on all of the taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully regis- tered Bonds in denominations of $5,000 or any integral multiple thereof. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this 1 1 Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the City's home rule charter, the Consti- tution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Lino Lakes, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk- Treasurer 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 UNIF GIFT MIN ACT Custodian (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT 237 For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, 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 assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account) Please insert social security or other identifying number of assignee 3.02. The Clerk- Treasurer shall obtain a copy of the proposed approv- ing legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Profes- sional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk- Treasurer in substantially the form set forth in the form of Bond. The Clerk- Treasurer is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Security: Payment: Pledges and Covenants. 4.01. The Bonds shall be payable from the Temporary Improvement Bonds of 1987 Debt Service Fund (Debt Service Fund) hereby created, and special 1 1 1 assessments (Assessments) to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Clerk- Treasurer shall pay such principal or interest from the general fund of the City and the general fund may be reimbursed for such advances out of proceeds of Assessments for the Improvements when collected. 4.02. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1988 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council shall cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appropria- tion of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated defi- ciency in the Assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: all receipts and disbursements in connec- tion with the Improvements, Assessments levied therefor and other funds appropriated for their payment, all collections thereof and disbursements therefrom, moneys on hand and, the 'balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. The City Clerk- Treasurer is directed to file a certified copy of this resolution with the Auditor of Anoka County, and obtain the certificate required by Minnesota Statutes, Section 475.63. 4.04. In accordance with its statutory duties under Minnesota Stat- utes, section 429.091, subdivision 5, the City covenants and agrees with 39 240 the holders of the Bonds that if the Bonds cannot be paid at maturity from the proceeds of the Assessments or from other funds appropriated by the City Council, the Bonds shall be paid from the proceeds of definitive or additional temporary bonds which shall be issued and sold prior to the maturity date of the Bonds. Section 5. Authentication of Transcript. 5.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and market- ability of the Bonds and such instruments, including any heretofore fur- nished, shall be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Clerk- Treasurer are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Sec. 6. Special Tax Covenant. 6.01. (a) The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made appli- cable to the Bonds. (b) The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1987) exceed the small- issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, deter- mines and declares that the aggregate face amount of all tax- exempt bonds (other than private activity bonds issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are 1 1 1 1 issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.02. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.03. In order to qualify the Bonds as "qualified tax - exempt obliga- tions" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code. (c) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1987 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1987 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. L41 242 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES ) SS. I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of Lino Lakes, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council held on Monday, August 24, 1987, with the original thereof on file in my office and the same is a full, true and correct copy thereof insofar as the same relates to the issuance and sale of $1,650,000 General Obligation Temporary Improvement Bonds, Series 1987A of the City. WITNESS My hand as Clerk- Treasurer and the corporate seal of the City this day of 1987. (SEAL) L3:05270887.RAW City Clerk - Treasurer City of Lino Lakes, Minnesota 1 STATE OF MINNESOTA COUNTY OF ANOKA AS TO COUNTY AUDITOR' S CERTIFICATE REGISTRATION WHERE NO I, the undersigned D VALOREM TAX LEVY gned County Auditor hereby certify of Anoka Y that County, a resolution adopted Minnesota, 24, 1987, relating Pted by the Cit g to $1,650 Y Council on August went ,000 General Obligation Temporary Bonds, Series 1987A, dated September Improve- ment office Ptember 1, 1987, has and�said obligations been filed in gations have been registered obligations in my office. d on the register of WITNESS My hand and official seal this his (SEAL) L3:05270887.RAW day of County Auditor Anoka County, Minnesota By Deputy 243 INN !AIN 1 IV 44 i rri .-. MMO■ N LINO LAKES ZONING DISTRICT MAP R RURAL ER EXPANSION RESDENTIAL R-1 SINGLE FAMILY RESDENTIAL R -2 TWO FAMILY RESIDENTIAL R -3 MEDIUM DENStrY RESDENTIAL R-4 11G1-1 DENSITY RESDENTIAL R-5 P. U. D. R-6 MANUFACTURED HOME PARK R-7 MANUFACTURED HOUSING SEPTEMBER, 1983 NB NEIGHBORHOOD BUSINESS LB u rrED BUSINESS SC SHOPPING CENTER GB CENERAL BUSINESS U UGHT INDUSTRIAL GI GENERAL INDUSTRIAL PSP PUBLIC SEaa -PUSUc �o Acec D‘s-4-2 icy NO DATE REVISION 1