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HomeMy WebLinkAbout04/24/1989 Council Minutes (2)1 1 1 COUNCIL MEETING APRIL 24, 1989 0 3 3 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:10 P.M., Monday April 24, 1989. Council members present: Neal, Bohjanen, Reinert, and Bisel. Staff members present: . Administrator Randy Schumacher, City Attorney Bill Hawins, City Engineer Ron Stahlberg, City Planner, and Administrative Assistant Daniel Tesch. CONSIDERATION AND APPROVAL OF MINUTES Work Session - April 6, 1989 - Mr. Bisel motioned to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. Work Session - April 10, 1989 - Mr. Reinert motioned to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. Regular Session - April 10, 1989 - Mr. Bohjanen motioned to approve these minutes are presented. Mr. Reinert seconded the motion. Mr. Neal found the date of the opening of the Camp Grounds at the Rice Creek Regional Chain of Lakes Park to be incorrect and requested that the date be changed to Saturday June 10, 1989. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS, APRIL 24, 1989 Mr. Bisel moved to approve the April 24, disbursements. Mr. Reinert seconded the motion. Mr. Bisel had a question on the disbursement to "Good Roads ". Mr. Schumacher explained that this was an organization and periodical that the Public Works Superintendent was a member of. Mr. Bisel also had a question on the bill for the ortho -photo maps. Mr. Stahlberg explained that this was an annual payment for these maps. The motion was approved unanimously. OPEN MIKE Mr. Bill Houle of 8301 - 24th Ave. N. appeared on behalf of a petitioning committee who were requesting the upgrading of Lyons- Elmcrest and 24th Ave for a distance of 7 miles from Hormsby to Bald Eagle Lake. He noted that this road is under the jurisdiction of 2 cities and 2 counties. He requested that this petition be discussed at the next Council meeting. Mr. Jerry Clausen of 6109 Bald Eagle Lake Road appeared to inform the Council of a problem he has had with "speeders" driving down his road. He informed the Council that there is a large deer- population in this area, and one day someone will have an accident with one of the deer. Mayor Benson U 34 COUNCIL MEETING APRIL 24, 1989 told Mr. Clausen that he would pass this information on to the Chief of Police. PLANNER'S REPORT - SBTPUBLIC HEARING FOR PRELIMINARY DEVELOPMENT PLAN FOR JUSTIN HOME BUILDERS FOR MAY 22, 1989, 7:45 P.M. Mr. Reinert made a motion to set the public hearing for the aforementioned development plan for May 22, 1989 at 7:45 P.M. The motion was seconded by Mr Bohjanen. Voting on the motion, the motion passed unanimously. SETTING A PUBLIC HEARING FOR REZONE APPROVAL REQUEST FOR JUSTIN HOME BUILDERS FROM R -1 TO R -3 FOR MAY 22, 1989, 8:00 P.M. A motion was made by Mr. Bisel to set the a public hearing for the aforementioned rezone request for May 22, 1989, at 8:00 P.M. The motion was seconded by Mr. Reinert. Voting on the motion, the motion passed unanimously. SETTING A PUBLIC HEARING FOR REZONE APPROVAL REQUEST FOR JUSTIN HOME BUILDERS FROM R -3 TO R -5 /PUD FOR MAY 22, 1989, 8:15 P.M. A motion was made by Mr. Bisel to set the public hearing for the aforementioned rezone request for May 22, 1989, at 8:15 P.M. The motion was seconded by Mr. Bohjanen. Voting on the motion, the motion passed unanimously. ENGINEERS REPORT - RON STAHLBERG - RESOLUTION 27- 89, CONSIDERATION OF AWARDING A BID FOR MENHVELD'S SUNRISE MEADOWS Mr. Stahlberg explained to the Council that they had the bid tabulation before them. Mr. Stahlberg recommended going with the low bid which was presented by Kenko, Inc. Mr. Bisel asked what the deduct meant on the award form. Mr. Stahlberg explained that this was in case one company was the low bidder on both projects, a dollar figure would be able to be deducted from the total bid due to lowering the economy of scales. Mr. Bisel asked if we had ever done business with Kenko in the past. Mr. Stahlberg explained that the City has not, but that TKDA had experience with this firm. Mr. Bisel went on to state that in the future he would prefer to have a short biography on the lowest 2 bidders. Mr. Bisel moved to approve Resolution No. 27 - 89 awarding 1 1 1 COUNCIL MEETING APRIL 24, 1989 the bid for Menkveld's Sunrise Meadows to Kenko, Inc. in the amount of $671,341.34 subject to the approval of the Metropolitan Waste Control Commission. Mr. Bohjanen seconded the motion. Motion carried unanimously. y ENGINEER'S REPORT - RESOLUTION NO. 28 - 89 - CONSIDERATION OF AWARDING A BID FOR THE WEST CENTRAL TRUNK UTILITY SYSTEM A motion was made by Mr. Reinert to approve Resolution No. 28 - 89 awarding the bid for the West Central Trunk Utility System to Kenko, Inc. for $1,574,873.19 subject to the approval of The Metropolitan Waste Commission. Mr. Bisel seconded the motion. Voting upon the motion, the motion was approved unanimously. Mr. Stahlberg added that TKDA's estimates were high on this project. 7:30 P.M. - PUBLIC HEARING, CHARTER AMENDMENT - DAVID KENNEDY SECOND READING, ORDINANCE 03 -89 Mayor Benson called the public hearing to order at 7:45 P.M. Mayor Benson began by outlining the procedure which would be followed during this public hearing. The Chair would be giving a brief presentation, followed by Mr Kennedy, the city's bond consultant, outlining problems that have been developing with the current charter procedures for improvement projects. Finally, detailing what the proposed changes mean to residents. Mayor Benson began by explaining to the audience that Lino Lakes is a rapidly developing community. The City has been approached with nearly 50 million dollars worth of development offers over the past year that have been denied due to our desire for quality projects. This Council has been instrumental in upgrading the City residentially, and searching out commercial and industrial developments. When the City was approached by our bond consultant with problems concerning the Charter the City Council forwarded his concerns on to the Charter Commission. The Charter Commission recommended changes and forwarded those recommendations back to the Council. The Council sent those recommendations back to the Charter Commission for additional consideration. That brings us to tonight. Mayor Benson instructed the audience that he will maintain order throughout this public hearing. Mr. David Kennedy of Springstead began his presentation by explaining what role his firms plays in selling bonds to finance municipal projects, especially when costs are assessed back to residents. He continued, that he has had difficulty recommending sale of the last 3 or 4 projects that the City has proposed due to Charter stipulations. In order to sell bonds for improvements, those bond issues need X85 086 COUNCIL MEETING APRIL 24, 1989 opinions on their viability from firms such as Mr. Kennedy's. Mr. Kennedy stated that he has met and \explained this increasingly difficult situation with the Charter Commission. The Charter Commission voted 11 to 1 to change the Charter to adopt State Statue Chapter 429 governing improvement projects with provisions that will safeguard individuals from unwanted improvements and assessments. Chapter 429 is presently used by all but a handfull of communities in the State of Minnesota. The safeguard provisions will allow an individual to petition out of a project. Mr. Kennedy went on to explain in greater detail the rights of individuals as follows: after a project has been petitioned for, the individual has 45 days to petition the City Council to have his /her property taken out of the project. The Council would then be unable to assess the property. If enough of the individual land owners petition out of the project, and the project becomes economically unfeasible then the whole project will stopped. While this process may still cause some difficulties to the City, it is a good compromise that Mr. Kennedy stated he could live with. City Attorney, Bill Hawkins reiterated Mr. Kennedy's remarks by stating that if you sign a petition, you cannot be assessed. You (resident) control whether or not you are in or out. City Planner, John Miller then presented a real world scenario illustrating just how an individual could petition out of a project, even if a landowner with a larger parcel of property requested utilities and they went passed the individuals property. Mr. Miller outlined the 2 safeguards mentioned by Mr. Kennedy earlier: one, you can't be assessed if you petition out of a project, and two, if enough individuals petition out, it may not be economically feasible and the project would die an "economic death ". Mr. Hawkins explained to the audience in what form the Charter presently exists. Mr. John Juleen of 7109 Lakeview asked why they have not heard of any problems thus far. Mr. Kennedy replied that to this point, all projects have been 100% petitioned. Mr. Juleen then asked what would prevent the Council from making him hook up at a later date. Mayor Benson replied that we do not even have the hook —ups from the Metropolitan Council to go into his area. Mr. Randy Zuleger of 7116 Rice Lake Lane asked what about the curb and gutter etc... that goes along with the assessments for sewer and — water. Mr. Hawkins again reiterated that once you have petitioned out of a project you can not be assessed 1 037 COUNCIL MEETING APRIL 24, 1989 for any improvements. Mr. Hawkins admitted that this may sound too good to be true, but that is the they way its proposed. Mayor Benson explainedthat the way it is now, if 51% of the property owners in an area petition for utility improvements, you will hookup and pay whether you like it or not. The change that the Council is proposing would allow you the option of not hooking up, and not be assessed. Mr. Lyle Bye of 774 Vicki Lane asked what would happen if he petitioned out, and then changed his mind and asked to be included. It was explained that if you change your mind early on, you would pay a connection charge and the original assessment. If you change your mind 5 years down the road, you would pay the same with the addition of an inflation factor. Mr. John Vernon of 7782 Lake Drive questioned the Metropolitan Council's policy of allocating hookups (MUSA Boundary). Mr. Stahlberg explained how the Metro Council evaluates how many additional hookups a city is allowed. He said that in a large part, it is defined as Pig's Eye ability to process the waste. It was also noted that the City is presently meeting with residents who have no desire for utilities and allowing them to petition out of the MUSA boundary if possible. Mr. Greg Miller of 7839 Country Lane asked the Council, what the process would be if his well goes dry during de- watering. Mr. Stahlberg explained that the contractor signs a contract with the City, and is required to supply water to a property. The property owner would not be required to hook up to utilities. Mr. Maurice Channel of 77th Street stated that he believed this would only affect shallow wells. He went on to state that he appreciated the Council's willingness to listen to the people, and was please with both their performance, and that of the audience. Mrs. Judy Marvin of 6921 Sunrise stated that she was of the understanding that if utilities were in front of their property, and they had not hooked up, and they were selling their house, those hookups fees would have to be paid off. Mayor Benson said that may be the case, but mentioned that a conventional loan, or Contract for Deed would be able to get around that. He added the purpose of this proposed change is to protect current residents. The city desperately needs basic economic services and this is one way of facilitating that. This City Council has worked very hard to keep your taxes low, if not to actually lower them. The school districts, county and state organizations have not been quite so cooperative. 088 COUNCIL MEETING APRIL 24, 1989 Mr. Jack Brugen of 687 79th Street asked the Council what would happen if his well were to go dry, would he have to hook up. Mr. Hawkins explained that if you had petitioned out, and were not assessed, we were not going to make you hookup to utilities. If you had not paid, why would we want, or allow you to hookup when we can't charge you? Mr. Dave Storberg of 6978 Lake Drive, a former Charter Commission member, stated that Statue 429 gives the City wide discretion. Mr. Hawkins reminded Mr. Storberg that we presently operate under 429 for the most part with exception. All we are proposing is changing the petition process. Mr. Reinert reminded Mr. Storberg that he too was a member of the original Charter Commission, and that it was his motion that returned this proposal to the Charter Commission for further consideration. He explained further that he would never approve an amendment that would jeopardize what they had worked for many years ago. He emphasized that there are two levels of safeguards built into this amendment. Mr. Pat Smith of 7002 West Shadow Lake Drive, Chairman of the Lino Lakes Economic Development Committee stated that he supported this proposed amendment. He approaches this as necessary in order to lower taxes and assist in necessary development. Mr. John Bergeson of West Shadow Lake Drive also voiced his approval of the amendment. If Chapter 429 is good enough for virtually all residents of the state, then Chapter 429 with safeguard provision should be good enough for Lino Lakes. Mrs. Rochelle Miller of 7725 Marilyn Drive voiced her displeasure with the amendment, and inquired what could be done to stop the measure. It was explained that a petition would have to be circulated and the issue placed on a referendum election. Mr. Tim Kessler of 601 Main Street wondered what would happen if utilities were to go past a public building such as a school. Public buildings would be hooked up to utilities and treated like any other customer. Along those lines, Mr. Bisel mentioned his concern with the present lagoon /evaporation system used by the Correctional Facility. He felt that the ground water in that area may be affected some time in the future due to the sheer size of the facility. A motion was made by Mr. Reinert to close the public hearing at 8:54 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bis.el moved to approve the second reading of Ordinance No. 03 - 89 adopting the proposed amendment based on the need 1 1 1 COUNCIL MEETING APRIL 24, 1989 for a more workable system in terms of selling bonds while incorporating the safeguards that have been deemed so necessary by the residents. In addition, he felt this to be a very equitable compromise, and in the best interests of the City as a whole. The Council has taken a stand on protecting the rights of individuals while attempting at the same time to serve the future needs of Lino Lakes. Some very intense researching has gone into this amendment that has also been supported by an 11 to 1 vote of the Lino Lake Charter Commission. The motion was seconded by Mr. Bohjanen. Mayor Benson stated that a role call vote was required. On calling for the question: Mr. Neal - Yes Mr. Bohjanen - Yes Mayor Benson - Yes Mr. Reinert - Yes Mr. Bisel - Yes Motion passed unanimously. A 5 /5th vote was required for passage. PUBLIC HEARING, CONSIDERATION OF CHANGING THE STREET NAME OF 7TH AVENUE TO WEST SHADOW LAKE DRIVE - FIRST READING, ORDINANCE NO. 05 -89. A petition had been received from local residents requesting the name of 7th Avenue in Lino Lakes be renamed West Shadow Lake Drive. 7th Avenue is actually the first portion of West Shadow Lake Drive. The City Planner has recommended approval of this name change. Mr. Dennis Santo of 6769 7th Ave. South stated there is a fair amount of confusion with the 7th Ave. address listing. Four other residents were present to state their desire for a name change. Mr. Bisel made a motion to accept the first reading of this ordinance. A second was made by Mr. Bohjanen. On calling for the question, the vote was unanimous. Mr. Bisel asked who would be notifying police, fire, ambulance etc. Mayor Benson replied that some of that should be done by the City, and some by the residents themselves. OLD BUSINESS - APPOINTMENT OF REPLACEMENT MEMBER FOR THE PLANNING AND ZONING BOARD - MR. RANDY SCHUMACHER Mr. Bisel moved to recommend Mr. Robert King as a replacement for Mr. Gordon Girtz on the Planning and Zoning Board. Mr. Bohjanen seconded this motion. Motion passed unanimously. CONSIDERATION OF RESOLUTION 29 -89 ISSUANCE OF CERTIFICATE OF INDEBTEDNESS MR. BILL HAWKINS COUNCIL MEETING APRIL 24, 1989 Mr. Hawkins explained that he had contacted the Centennial Bank, and Hugo Bank for bids on this issue. He went on to state that they were both recently purchased by the same company, and are now nearly one -and- the -same. Mr. Schumacher explained that this issuance is for large equipment, primarily a front end loader, squad car etc. Mr. Hawkins stated that it is just as efficient and cost effective to collect bids from local banks. He was able to get a rate of 7.65 %. He felt this was quite reasonable and recommended approval. Mr. Schumacher concurred. Mr. Reinert introduced a motion to adopt Resolution 29 -89. Mr. Bisel seconded the motion. Motion passed unanimously. NEW BUSINESS - SETTING A WORK SESSION FOR MAY 2, 1989 AT 4:00 P.M. TO DISCUSS RECYCLING GOALS Mr. Reinert moved to approve this date for the recycling work session. Mr. Bohjanen seconded the motion. Motion was approve unanimously. Mayor Benson instructed the City Administrator to send out notices the Friday prior to this date. POPPY DAY PROCLAMATION Mayor Benson read aloud a proclamation in support of the VFW Buddy Poppy. Mr. Bohjanen moved to accept the proclamation. The motion was seconded by Mr. Reinert. Motion carried unanimously. Mr. Bisel moved to adjourn the meeting at 9:10 P.M. Mr. Reinert seconded the motion. Motion passed unanimously. 1 1 CITY OF LINO RESOLUTION NO. 27 - 89 RESOLUTION ACCEPTING BID FOR IMPROVEMENTS FOR THE SUNRISE MEADOWS SUBDIVISION WHEREAS: pursuant to an advertisement for bids for the improvement of Sunrise Meadows, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: CONTRACTOR Kenko, Inc. Richard Knutson, Inc. C. W. Houle, Inc. Northdale Construction Arcon Construction Imperial Developers, Inc. Nodland Construction Brown & Cris, Inc. Barbarossa and Sons, Inc. S. J. Louis Construction Progressive Contractors, Inc Levstek Construction AMOUNT DEDUCT $684,741.34 700,750.25 705,553.40 705,967.05 720,470.43 756,979.06 761,772.00 793,701.45 801,848.90 810,841.40 . 820,887.11 839,700.40 $13,400.00 10,000.00 - 0- 5,000.00 10,000.00 -0- -0- - 0- 15,000.00 10,000.00 10,000.00 AND WHEREAS, it appears that Kenko, Inc., 1694 - 91st Avenue N. E., Minneapolis, Mn. is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Subject to the approval of the Metropolitan Waste Control Commission, the Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Kenko, Inc., 1694 - 91st Avenue N. W., Minneapolis, Mn. in the name of the City of Lino Lakes for the improvement of Sunrise Meadows according to the plans and specifications therefor 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 forthwith 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 Lino Lakes CitCouncil th 24th d April, 1989. Mar q e Q-4 Y G� d, ---4,4111ariri° Benjami G. Benson, Mayor lyn G. Anderson, Clerk- Treasurer ©a2 CITY OF LINO RESOLUTION NO. 28 - 89 RESOLUTION ACCEPTING BID FOR INSTALLATION OF THE WEST CENTRAL TRUNK SEWER AND WATER UTILITIES WHEREAS: pursuant to an improvement of Utilitie, bids advertisement for bids for the West Central Trunk Sewer and Water were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: CONTRACTOR Kenko, Inc. Barbarossa and Sons, Inc. Richard Knutson, Inc. Arcon Construction Progressive Contractors, Northdale Construction J. P. Norex, Inc. Levstek Construction Lametti and Sons AMOUNT DEDUCT $1,581,873.19 1,671,807.40 1,679,233.39 1,737,614.10 Inc. 1,779,216.65 1,793,219.63 1,799,431.22 2,037,239.70 2,306,161.50 $ 7,000.00 -0- -0- 10,000.00 30,000.00 15,000.00 -0- 55,000.00 -0- AND WHEREAS, it appears that Kenko, Inc., 1694 - 91st Avenue N. E., Minneapolis, Mn. is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. 2. Subject to the approval of the Metropolitan Waste Control Commission, the Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Kenko, Inc., 1694 - 91st Avenue N. W., Minneapolis, Mn. in the name of the City of Lino Lakes for the improvement of Sunrise Meadows according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. The City Clerk is hereby authorized and directed to return forthwith 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 Lino Lakes City Cou is 24th d April, 1989. & d Marfilyn G. Anderson, Clerk - Treasurer amz :enson, Mayor 1 ORDINANCE NO. 03 — 89 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER PURSUANT TO MINNESOTA STATUTES, SECTION 410.12, SUBDIVISION 7. Section 1. The City Council_ of Lino Lakes hereby amends Chapter 8 of the Lino Lakes City Charter in its entirety to read as follows: "8.01. Power to Make Improvements and Levy Assessments. The City may make any type of public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. A special 'assessment may not exceed the special.benefits to the property assessed. 8.02. Procedures. The procedures for conducting local improvement projects financed in whole or in part by special assessments against benefit.ted property are those provided by law and Section 8.03 of this charter and must be followed exclusively. The term "by lac," as used in this chapter means Minnesota Statutes, Chapter 429 or any successor statute providing a uniform method of constructing and financing local improvements in cities. 8.03. Protest. Subdivision 1. Not later than 45 days after the conclusion of the public hearing or adjournment thereof required by law to precede the ordering of the construction of a local improvement project the owner or owners of real property included in the area proposed to be assessed for the local improvement may file a written protest with the recording officer of the City. The protest must be in the form prescribed by ordinance. Subd. 2. If a protest is filed as provided in Subdivision 1, the City Council must, by resolution adopted at its next regular meeting or at a special meeting called for that purpose after the expiration of the 45 day period for filing protests, determine the validity and sufficiency of the protest. If the protest is determined to be valid and sufficient as to a single parcel of property proposed to be assessed for the local improvement and the protest contains the names of owners of that parcel of property, the City Council must not include that parcel of property in the local improvement project when ordered for construction. If the protest is determined to be valid and sufficient and contains PAGE 1 094 ORDINANCE NO. 03 - 89 the names of owners of a majority by area of all parcels of property proposed to be assessed for the local improvement, the City Council must not order the construction of the local :improvement project. The resolution determining the validity; and sufficiency of the protest must be published in the sane mariner as and has the effect of, a resolution determining the adequacy of a petition for a local improvement pursuant to law. Subd. 3. If a local improvement: project or portion hereof is not ordered because of protest as provided in this section the City Council may not initiate proceedings for the same or a substantially similar local improvement project for .e period of six months after the adoption of the resolution: determining the validity and sufficiency of the protest, lout the owners of property in the area proposed to be assessed may initiate proceedings for the same or a substantially similar local improvement project at any time in the manner provided by law. Subd. 4. An owner of property signing a protest under this secTion may withdraw his or her name from the protest at any time prior to the adoption of the Council resolution determining the validity and sufficiency of the protest. Subd. 5. For purposes of determining the validity and sufficiency of a protest filed under this section the City Council may rely on such records as it deems advisable including those records usable for the purpose of mailed notice as provided by law. Subd. 6. Except where a petition has been received from all owners of property proposed to be assessed for a local improvement project in the manner provided by law, the City Council may not order the construction of a local improvement until 45 days after the conclusion of the public hearing or adjournment thereof required by law to precede the ordering of a local improvement project. 8.04. Local Improvement Procedure. When the City undertakes a local :improvement to which the state law applies, it must comply with the provisions of that law and this chapter. The Council may by ordinance prescribe the procedure to be followed in making other local improvements and levying special assessments for those improvements." Section 2. This ordinance is effective on August 1, 1989. If, by July 1, 1989, a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by Minnesota Statutes, Section 410.12, Subdivision 7, is filed with the City Clerk - Treasurer, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at a special election called by the Council for that PAGE 2 1 1 1 1 1 ORDINANCE NO. 03 - 89 purpose. Section 3. On the effective date of the Amendment the City Clerk--Treasurer is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Anoka County Recorder, and in the City Clerk-Treasuret's office together with the certificate required by Section 410.11 of the Act. Adopted this 24th day of April, 1.989 , . . Benjami G. Benson, Mayor 5 Mari PAGE 3 Anderson, Clerk-Treasurer CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 05 - 89 AN ORDINANCE RENAMING A PUBLIC STREET KNOWN AS 7TH AVENUE TO BE HEREINAFTER CALLED WEST SHADOW LAKE DRIVE Pursuant to the authority granted by M. S. A. S412.221, Subd. 18, the City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. The following described public street is hereby renamed and said public street shall hereinafter be called West Shadow Lake Drive: The public street dedicated to the City of Lino Lakes or Anoka County, Minnesota according to the map thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, known and described as 7th Avenue. II. This Ordinance shall be in full force and effect from and after its passage and publication according to the Lino Lakes City Code. Passed by the City Council this day of May, 1989. h, Mari yn G. ',Anderson, Clerk - Treasurer 1 1 1 1 1 CITY OF LINO LAKES RESOLUTION NO. 29 - 89 RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATES OF INDEBTEDNESS - 1989 X97 WHEREAS, Minnesota Statutes, Section 412.301 and the Lino Lakes Home Rule Chatter authorize the City Council to issue Certificates of Indebtedness within existing debt limits to finance the purchase of equipment; and WHEREAS, a contract will be entered into for the pur- chase of police, fire, public works, and government buildings equipment at a total purchase price of Three Hundred Thousand and no /100 ($300,000.00) Dollars; and WHEREAS, the City has sought quotations for the pur- chase of said Certificates of Indebtedness, which are on file with the City Clerk; and WHEREAS, it appears that the bid of Centennial Bank Circle Pines , Minnesota for the purchase of such Certificates of Indebtedness is the lowest responsible bid. BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The b i d of Centennial Bank for the purchase of Three Hundred Thousand and no /100 ($300,000.00) Dollars Certificates of Indebtedness is hereby accepted. 2. The City shall forthwith issue and sell five nego- tiable general obligation equipment Certificates of Indebtedness in the amount of Sixty Thousand and no /100 ($60,000.00) Dollars each, dated May 1, 1989, to the Centennial Bank in the form of single typewritten fully registered Certificates of Indebtedness, in denominations of Sixty Thousand and no/100 ($60,000.00) Dollars each, bearing interest as set out herein, all interest payable on November 1, 1989, and November 1 and May 1 thereafter maturity. Such Certificates shall mature serially on May 1 of each year commencing May 1, 1990. Such certificate shall be in substantially the follow- ing form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES No. R -1 $ 60,000.00 Equipment Certificates of Indebtedness KNOW ALL MEN BY THESE PRESENTS That the City of Lino Lakes, Anoka County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to Centennial Bank, Circle Pines with option of THOUSAND DOLLARS currency of the payment shall be , Minnesota or registered assigns, prior payment, the principal sum of SIXTY on the 1st day of May, 1990, in such coin or United States of America as at the time of legal tender for the payment of debts due the United States of America and to pay interest on said principal sum from time to time remaining unpaid in such coin or currency at the rate of seven and sixty -five /100 (7.65 %) per from the date hereof until the principal sum is to maturity payable on November 1, 1989 and cent per annum paid, interest May 1, 1990. 1 1 1 1 1 1 Principal and interest on this Certificate is payable at the office of the City Clerk - Treasurer in the City of Lino Lakes, Minnesota. Payments of installments of principal and the interest due thereon shall discharge the City of the obligation hereon to the extent of the payment made. Annual payments regardless of when made, shall be applied first to the interest computed to the annual installment due date and next to principal due. Other payments, from whatever source derived, shall be applied to the principal last to become due and shall not affect the obligation of the City to pay the remaining installments as scheduled herein. The Certificate is issued as a part of a total of five Certificates of Indebtedness no /100 ($300,000.00) Dollars, pursuant to the Constitution Minnesota, including Minnesota of Three Hundred Thousand and and it is issued by the City and the laws of the State of Statutes, §412.301 and the Lino Lakes Home Rule Charter, for the purpose of financing the purchase of certain equipment by the City. This Certificate may be assigned but upon such assign- ment the assignee shall promptly notify the City at the office of the City Clerk - Treasurer by registered mail, and the assignee shall furnish the same to the City Clerk- Treasurer either in exchange for a new fully registered Certificate in the principal amount then outstanding or for transfer on the registration book kept by the Clerk - Treasurer for such purpose. IT IS HEREBY CERTIFIED AND RECITED That all acts, con- ditions, and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist, and to be performed precedent to and in the issuance of this Certificate of Indebtedness has been done, has happened, does exist, and have been performed in regular and due form, time, and manner as required by law; that prior to the issuance hereof, a direct, annual, irreparable ad valorem tax upon all the taxable property in the City has been levied for the years and in amounts at least five per cent in excess of sums sufficient to pay this Certificate and interest hereon when due, and additional taxes, if needed, will be levied upon all such property without limita- tion as to rate or amount; and this Certificate, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, The City of . Lino Lakes, Anoka County, Minnesota, by its City Council has caused this Certif- icate of Indebtedness to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk with the City Seal, all as of May 1, 1989. /s/Maril_n Anderson Cz-i(1,10.1„e-P /s/ Benjamin Benson City Clerk Mayor (SEAL) 1 1 1 1 i 0 1 CERTIFICATE OF REGISTRATION It is hereby certified that, at the request of the holder of the within Certificate, the undersigned has this day registered it as to principal and interest in the name of such holder as indicated in the registration blank below, on the books kept by the undersigned for such purposes. DATE OF SIGNATURE NAME OF REGISTERED HOLDER REGISTRATION CITY CLERK- TREASURER Centennial Bank May 1, 1989 FORM OF ASSIGNMENT For value received, the registered owner does hereby sell, assign-and transfer the within mentioned Certificate to, and unpaid installments of principal and interest shall be paid to the order of the assignee: NAME OF ASSIGNEE SOCIAL SECURITY NUMBER OR ID NUMBER DATE NAME OF REGISTERED HOLDER SIGNATURE OF REGISTERED OWNER'S AUTHORIZED AGENT 3. The Certificates shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Clerk. When the Certificates have been so executed and authenticated, they shall be delivered by the City 1 02 Treasurer to the purchaser on receipt of the purchase price heretofore agreed upon, and the purchaser shall not be required to see to the application thereof. 4. There is hereby created a special account in the debt service fund which shall be used only for paying principal and interest on the Certificates of Indebtedness issued pursuant to this resolution. Into this fund shall be paid all receipts from the taxes levied in this resolution and any other money appropriated to the fund from any other source. If any prin- cipal or interest on the Certificates becomes due when there is not sufficient money in the fund to pay it, the City Treasurer shall make up the deficit from the general fund of the City and the general fund shall be reimbursed for such . advances from the proceeds of the taxes levied in this resolution and all other moneys received for or appropriated to the payment of principal and interest. 5. There is hereby created the equipment account in the general fund. Into this account shall be paid the proceeds of the sale of the Certificates authorized by this resolution and from this account shall be paid all expenses incurred for the purchase of equipment to be financed by such proceeds. If any moneys remain in this account after all such expenses have been paid, the surplus shall be transferred to the debt service fund created in paragraph 4 of this resolution. 6. For the prompt and full payment of the principal and interest on the Certificates of Indebtedness when due, the 1 1 1 full faith, credit, and taxing powers of the City are hereby irrevocably pledged. To provide moneys for such payment, there is hereby levied upon all the taxable property in the City a direct, annual, irrepealable, ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of the other general property taxes in the City in the years and amounts as follows: 1989 1990 1991 1992 1992 Total $ 74,275.00 74,057.00: 75,698.00 71,666.00 72,789.00 $ 368,485.00 and interest on the Certificates is paid. The Treasurer is directed to certify to the County Auditor of Anoka County on or before October 10 in each year the amount on hand and available from any source and which has been appropriated to the sinking fund to be used to pay the principal of and interest on the Certificates and to direct the county to reduce the levy for such year by that amount. 7. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such information as he shall require, and to obtain from the County Auditor a certif- icate that the Certificates of Indebtedness have been entered on his bond register and the tax has been levied as required by law. 8. The City Clerk - Treasurer shall act as bond regis- trar and shall maintain a complete record of ownership of the Certificates. The City makes no representation that it is expe- rienced in the transfer of ownership of registered securities or that it is aware of or experienced in applicable SEC regulations regarding such transfers. The Purchaser and any assignee of the Certificates shall take the Certificates subject to this condi- tion. Adopted by the City Council this _24th_ day of April , 1989. City Clerk )44-S--(11.,262) 1 COUNCIL MEETING APRIL 24, 1989 1 These minutes were co'sidered, corrected and approved at the Council meeting on May 8 , 1989' ,� , • -, 6. °`^~- ~' -Marilyn G. Anderson, Clerk-Treasurer