HomeMy WebLinkAbout05/08/1989 Council MinutesCOUNCIL MEETING MAY 8, 1989
The regular Council meeting was called to order by Mayor
Benson at 7:00 P.M., Monday, May 8, 1989. Council Members
present: Neal, Bohjanen, Bisel, Reinert. Council Members
absent: none. City Attorney, Bill Hawkins; Acting Engineer,
John Davidson; Fiscal Agent, David MacGillivrary; Fire Chief,
Archie Gay; Fire Commission Member, Neal Benjamin; Building
Official, Pete Kluegel; Public Works Director, Don Volk;
Planner, John Miller; Administrator, Randy Schumacher and
Clerk- Treasurer Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Board of Review, April 19, 1989 - Mr. Bisel moved to approve
these minutes as presented. Mr. Neal seconded the motion.
Motion carried with Mayor Benson and Mr. Bohjanen abstaining.
Work Session, April 24, 1989 - Mr. Reinert moved to approve
these minutes as presented. Mr. Bisel seconded the motion.
Motion carried unanimously.
Regular Council Meeting, April 24, 1989 - Mr. Bohjanen moved
to approve these minutes as presented. Mr. Neal seconded the
motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
April 28, 1989 - Mr. Bisel moved to approve these
disbursements as presented. Mr. Reinert seconded the motion.
Motion carried unanimously.
May 8, 1989 - Mr. Reinert moved to approve these
disbursements as presented. Mr. Bohjanen seconded the
motion. Motion carried unanimously.
OPEN MIKE
Centennial Fire Commission Quarterly Update - Mr. Benjamin
told the Council that he is very pleased with the progress of
the Steering Committee negotiations and it appeared that an
agreement may be reached by the end of May. He noted that
there are still a couple of issues that need legal counsel.
The first is whether the Fire District can bill the
Correctional Facility for fire protection. The second
concerns the Rice Creek Chain of Lakes Regional Park.
Mr. Benjamin noted a concern regarding the southeast corner
of Lino Lakes and the difficulty with providing early
response for fire emergencies. He explained that letters had
been sent to these residents asking if they would be
interested in participating in self- protection services. The
response was poor. He suggested that the Fire District look
for alternatives to decrease response time for fire station
No. 3.
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Mr. Benjamin explained that there is confusion regarding the
role of the Fire Commission and its relation to the Steering
Committee. Mr. Benjamin said he felt the Fire Commission's
number one priority should be fire protection, the Steering
Committee would not be involved in the operation of the Fire
Department. He also noted that the Fire Commission is
looking at reducing the amount of medical rescue responses.
He did not see that it could be eliminated entirely.
Chief Gay has interviewed eight new prospective firemen. It
appears that most of these candidates would respond from
station No. 2.
Mr. Neal noted the need for a street that would provide
faster response time to the southeast section of Lino Lakes.
He noted that he also has given Mr. Miller a list of street
names that appear to be duplicated.
Chief Gay told the Council that an agreement between the
three cities would do a lot to increase the morale of the
firefighters. Mayor Benson said he felt most issues would be
resolved by the end of this month. Mr. Reinert explained
that positive progress is being made and he has not reason to
believe that there will not be a satisfactory decision soon.
Chief Gay said he would report this to the firefighters.
Cable TV Update, Mike Cusick - Mr. Cusick handed out material
regarding operation of the Cable TV system. He noted that
the system is no longer for sale. Mr. Hauser, owner of this
system owns six other systems and did sell one. Mr. Cusick
report that this system is very healthy, the number of
subscribers has increased and is expected to keep increasing.
He noted that 43% of available subscribers do sign up. He
also noted that rates have increased and he expected them to
top out at about $20.00 a month for the basic service.
Mr. Cusick also noted that the access cable system is doing
well. More people are involved in producing programs. Mayor
Benson asked when the Council meetings will be cable cast.
Mr. Schumacher explained that he is arranging for some people
from Centennial Schools to do this on a part -time basis. He
is proposing to start with cable casting of the Planning and
Zoning Board and the Park Board and then add the Council
later. Mr. Cusick felt all cities would be cable casting the
Council meetings within the next two to three years.
Mr. Cusick explained the situation regarding the cable
sports channel and the situation with WCCO TV.
Mr. Bisel expressed his concern regarding the number of areas
in Lino Lakes where cable TV is not available because homes
are spaced to far apart. He asked how many people in Lino
Lakes cannot get cable and what percentage. of people in Lino
Lake do not subscribe to the service? Mr. Cusick said he did
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MAY 8, 1989
not have this information available. He did know that this
system has been very aggressive in reaching as many homes as
possible and in certain places have extended cable TV to
areas where there are only twenty homes per mile as opposed
to forty homes per mile.
Mr. Bisel said he heard that rates have doubled since the
system was installed. Mr. Cusick said that rates have
doubled since the system was first proposed. He noted that
deregulation did have an affect on rates.
Mayor Benson thanked Mr. Cusick for his report.
ORDINANCE NO. 05 - 89, RENAMING 7TH AVENUE TO WEST SHADOW
LAKE DRIVE - SECOND READING
Mr. Bisel moved to approve the second reading of Ordinance
No. 05 - 89. Mr. Reinert seconded the motion. All Council
Members voted yea. Motion passed unanimously. This
ordinance can be found at the end of these council minutes.
RESOLUTION NO. 33 - 89 PROVIDING FOR ISSUANCE AND SALE OF
GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1989A
Mr. MacGillivrary gave the Council his written
recommendations for the sale of $4,660,000 of Temporary
General Obligation Bonds, Series 1989A. The proceeds are to
pay for five construction improvements: West Central Trunk
Sewer and Water, Sunrise Meadows, South Reshanau Lake Estates
IIB and IIIB and Woodridge Estates. All the improvements
with the exception of the West Central Trunk will be
assessed. Mr. MacGillivrary explained that the primary
reason for using a temporary bond is to get a good feel on
how the assessments will be paid to the City. There should
be substantial prepayment of assessments before the end of
the temporary bond and this will reduce the size of the
permanent bond.
Mr. MacGillivrary noted the need to check with the City
Auditor regarding the reporting procedures for cities with
debts over $5,000,000.00. He explained that there are other
improvements being processed and this will push the added
debt in 1989 to over the $5,000,000.00.
Bids for the $4,660,000 Temporary General Obligation Bond
will be received June 12, 1989 at 11:00 A.M. Mr. Reinert
asked what Mr. MacGillivrary expected for rates on this
issue. Mr. MacGillivrary explained that rates have come down
slightly since the first of the year. Mr. Reinert asked what
impact our current bond rating of BAA1 will have on the sale.
Mr. MacGillivrary explained that this is a good rating for
Lino Lakes and noted other cities with the same rating.
There was discussion regarding improving the rating and Mr.
MacGillivrary explained the biggest factors are increasing
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the reserve levels and controlling debt levels.
Mr. Bisel asked Mr. MacGillivrary to assume the "worst case"
scenario where interest rates rise extremely high and there
is no development in these five areas. Mr. MacGillivrary
explained that at the end of the first three year temporary
bond another temporary bond could be issued. This would
allow six years to lapse before a permanent bond would be
sold.
Mr. Reinert noted that there are currently a lot of small
community meetings with consultants at city hall regarding
possible improvements and asked about the long term impact of
new development and how it is going to affect future bond
issues. He asked that this be a topic at a future council
work session.
Mr. Bisel moved to adopt Resolution No. 33 - 89 Providing for
the Issuance and Sale of General Obligation Temporary
Improvement Bonds, Series 1989A. Mr. Reinert seconded the
motion. Motion carried unanimously.
CONSIDERATION OF ACCEPTING A PORTION OF THE BASEMENTS NEEDED
FOR THE WEST CENTRAL TRUNK SEWER AND WATER MAINS
Mr. Schumacher explained that two of the necessary easements
have been forwarded for Council acceptance. He noted that
several other easements will be forwarded shortly. Mr.
Reinert moved to accept easements from Margaret G Strauss and
Marcel Construction, Inc. Mr. Bisel seconded the motion.
Motion carried unanimously.
ENGINEER'S REPORT - JOHN DAVIDSON
Resolution No. 30 - 89 Awarding Bid for Reshanau Lake Estates
South, 3rd Addition - Mr. Davidson explained that at bid
opening on Friday, it appeared that Albrecht Excavating, Inc.
was low bidder. However, after the bid was reviewed,
corrected and recalculated B & D Underground is the actual
low bidder. Mr. Davidson gave a brief background report on
B & D Underground noting that it is a small company with
seven full -time employees. They have at times struggled with
projects but if the City awards the bid to the second low
bidder the City may have to prove in a court of law that this
company is not a responsible bidder. In addition, the
company awarded the bid must submit a performance and payment
bond prior to the signing of the contracts.
Mr. Davidson outlined the background of the second low
bidder, Richard Knutson, inc. This is a larger company with
a good track record. Mr. Davidson recommended that the bid
be awarded to the low bidder, B & D Underground subject to
the fact that the City Engineer will have to keep a "good
eye" on all of the project.
COUNCIL MEETING MAY 8, 1989
Mr. Hawkins told the Council that he has not heard anything
about B & D Underground that would be a basis of denial of
the bid. Mr. Davidson also explained that there will be
testing all during construction and a full -time inspector
will be on the job. The performance and payment bond will
insurance the project will be completed even if the
contractor goes bankrupt.
Mr. Reinert moved to approve Resolution No. 30 - 89 Awarding
Bid for Reshanau Lake Estates South, 3rd Addition to B & D
Underground for $163,414.78. Mr. Bohjanen seconded the
motion. Motion carried unanimously. Mr. Reinert asked that
progress reports be made to the Council on this project.
Resolution No. 30 - 89 can be found at the end of these
minutes.
Resolution No. 31 - 89 Awarding Bid for Woodridge Estates and
Surrounding Area - Mr. Davidson explained that this bid was
also received on Friday and there was a wide variation in
bids. The low bidder had left $108,000.00 "on the table" and
Mr. Davidson contacted him and asked him if he had made an
error. The low bidder said no and would perform the work as
bid. Mr. Davidson explained the low bidder is C. W. Houle,
Inc. Their office is in Shoreview and they have been in the
business many years. He had no reservation of recommending
the bid be awarded to C. W. Houle, Inc.
Mr. Bisel moved to approve Resolution No 31 - 89 Awarding
Bid for Woodridge Estates and Surrounding Area to C. W.
Houle, Inc. for $630,716.60. Mr. Reinert seconded the
motion. Mayor Benson asked how a company could be that far
off in their bid. Mr. Davidson explained that they were
expecting more competition. Voting on the motion, motion
carried unanimously.
Resolution No. 31 - 89 can be found at the end of these
minutes.
PUBLIC HEARING - PROPOSED SPECIAL ASSESSMENTS - D. ERICKSON'S
2ND ADDITION, PHASE II, RESOLUTION NO. 32 - 89
Mayor Benson opened the public hearing at 8:15 P.M. Mr.
Davidson explained that the improvement is nearly completed,
costs have been computed and landowners have been notified of
this hearing. The actual assessment per lot is lower than
what was estimated by the City Engineer.
Mayor Benson asked if there was anyone in the audience to
speak for or against this matter. There was no one.
Mr. Bohjanen moved to close the public hearing at 8:17 P.M.
Mr. Bisel seconded the motion. Motion carried unanimously.
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Mr. Bisel moved to adopt Resolution No. 32 - 89 Adopting the
Assessment for D. Erickson's 2nd Addition, Phase II. Mr.
Reinert seconded the motion. Motion carried unanimously.
Resolution No. 32 - 89 can be found at the end of these
minutes.
PUBLIC HEARING EXCLUDING ROSS' CORNER SHOPPES FROM TAX
INCREMENT FINANCING DISTRICT NO. 1 -2
Mayor Benson opened the public hearing at 8:18 P.M. Mr.
Miller explained that the City has been working with Mr. Ross
for some time to get his planned improvement and property
included in District No. 1 -2. Mr. Ross has been working with
an architect and has been negotiating financing for his
improvement. District No. 1 -2 includes Menkveld's
subdivision, Sunrise Meadows. The Building Official has
issued five building permits in this subdivision and since
the filing of District No. 1 -2 has not been completed at the
court house, the tax increment has been lost for these five
building permits. The Building Official has seven more
building permits waiting to be issued and the City will loose
this increment if the permits are issued before the plan is
filed at the court house.
Mr. Ross has presented a commitment letter from his bank
indicating that financing for his project is available
provided that certain terms are acceptable to Mr. Ross.
Mayor Benson explained that the City is now in the position
that it must file the necessary documents at the court house
to protect the tax increment in the Sunrise Meadows
subdivision. This tax increment is to help finance the West
Central Trunk Sewer and Water Mains.
Mr. Mark Smith of Business Development Consultants explained
that they have agreed to the terms and conditions of the
developers agreement, however, the amount of the letter of
credit has not been received from the City. When this is
included in the developers agreement the agreement will be
signed immediately. A closing date has been set for June 15,
1989 with a different bank than the one indicated tonight for
financing the entire improvement.
Mr. Bisel moved to close the public hearing at 8:36 P.M. Mr.
Neal seconded the motion. Motion carried unanimously.
Mr. Bisel moved that as of May 10, 1989 at the close of
regular city hall business hours Mr. Ross will be eliminated
from Tax Increment Financing District No. 1 -2 if he has not
completed all the necessary paper work and submitted it to
the City. The Tax Increment District No. 1 -2 will be filed
excluding Mr. Ross' property. Mr. Neal seconded the motion.
Motion carried unanimously. _
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COUNCIL MEETING MAY 8, 1989
PLANNER'S REPORT - JOHN MILLER
Final Plat Approval, Hidden Pond, R. Shoppe - Mr. Miller
explained that this is a combination of three two acre lots
to make one six acre lot. Mr. Shoppe has determined that he
does not want to have immediate neighbors and does not
anticipate selling any portion of his property in the near
future. He has also been advised by the County Assessor that
his land value will be lowered when the lots are combined
since there will only be one building site instead of
three. The Planning and Zoning Board has approved this
request.
Mr. Bisel moved to approve P & Z application No. 89 -04. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
Set Public Hearing for Rezone of Rice Creek Chain of Lakes
County Regional Park Reserve to Public Semi - Public - Mr.
Bohjanen moved to set the public hearing for June 12, 1989 at
7:30 P.M. Mr. Reinert seconded the motion. Motion carried
unanimously.
Mayor Benson noted that he has heard that the matter of the
Chomonix Golf Course building is moving in a positive
direction. Mr. Schumacher explained that this matter will be
on the P & Z agenda for this coming Wednesday.
UPDATE ON STATUS OF EMERGENCY WARNING SYSTEM INSTALLATION
Mr. Volk presented a map showing the location of the two
sirens currently in operation and the areas that they cover.
He noted that one additional siren is in the 1989 budget and
the VFW has agreed to purchase the fourth siren. Both of
these sirens will be installed this summer. Mr. Volk
explained that by the end of 1990, 90% of the populated area
in Lino Lakes will be covered with warning sirens. Mr.
Bohjanen indicated that the VFW may also help the City of
Centerville upgrade their siren system.
LIAISON REPORTS
Planning and Zoning Board, Mayor Benson /Mr. Bisel - Mr. Bisel
noted that the Tilsen multi - family subdivision was reviewed
by the P & Z Board and there was discussion of the building
that was illegally installed on the Chomonix Golf Course.
Park Board, Mr. Neal - Mr. Neal noted that the Park Board has
not yet met for the month of May. He said the Arbor Day
celebration was very good and felt everyone involved did an
excellent job. The weather was not cooperative and this may
be the reason that the turn -out was poor.
Mr. Neal told the Council that the-prison has fifteen (15)
persons available for tree planting in the open spaces and
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parks of this City. They have their own equipment and will
be available all summer. The prison assumes all liability
for these fifteen (15)people.
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Economic Development Committee, Mayor Benson /Mr. Bisel -
Mayor Benson noted that several members of this Committee and
some Council members did travel to Michigan to tour an
"outlet shopping mall ". Mr. Glenn Rehbein owner of the
property where this type of mall is proposed is negotiating
for installation to begin as soon as possible. Mayor Benson
felt his chances of success were 70 to 80 percent. Mr. Bisel
and Mr. Miller will have a meeting with the Council to update
them on this matter.
Centennial Fire District, Mayor Benson /Mr. Reinert - Mr.
Reinert explained that the movement of the Steering Committee
is positive but not as fast as originally planned. There
will be another meeting of the Steering Committee on May 17,
1989 and the discussion will include penalties for
withdrawal. Funding and location of various fire halls still
have to be addressed.
Mayor Benson noted that the first payment into the capital
improvement program has been delayed until 1990. This
payment will go into a pool that will be spent on a scheduled
basis.
Mr. Reinert noted that the length of the new agreement has
not been finalized. Mr. Schumacher and Mr. Keinath from
Circle Pines will put together a proposed formula for the
purchase of equipment.
Mayor Benson said there will be two meetings in May and a
presentation will be prepared for each of the three city
councils.
OLD BUSINESS
Discussion of Implementing Solid Waste /Recycling Program -
Fran Kurk - Mrs. Kurk used the overhead projector to explain
a volunteer solid waste recycling program for Lino Lakes.
She has contacted all of the major refuge haulers in Lino
Lakes and Ace Solid Waste and Lake Sanitation have agreed to
collect metal, glass and plastic items for recycling. Paper
will not be collected but residents can drop off paper at the
two Boy Scouts sites in Lino Lakes. Mrs. Kurk showed the
Council a number of items that were manufactured from
recycled materials.
Mayor Benson asked how would we begin to educate the Lino
Lakes citizens about recycling. Mrs. Kurk explained a
program she and Mr. Volk have put together. The programs
includes flyers and newspaper articles. As the City gets
further into the programs other educational materials -will be
COUNCIL MEETING MAY 8, 1989
available to the City.
Mrs. Kurk was asked if containers would be made available to
residents. Mrs. Kurk explained that a good container costs
about $8.00 to $10.00. If the City were to purchase the
containers, the expense would probably take most of the Waste
Abatement budget. However, citizens may not comply with the
program if they have to buy the containers. There were
suggestions regarding how a container could be earned or
possibly won by the residents. Mr. Reinert asked that
neighboring communities be called and asked how they handle
this part of the program.
Mrs. Kurk noted that several ordinances will have to be
passed to implement the Waste Abatement Program. Collections
will have to be organized as well. She suggested that the
City could be divided into several areas with just one hauler
serving this one area. There was discussion regarding
allowing the City to bid a garbage hauling contract and then
assessing every household for the service.
Mr. Bisel expressed concern because other governmental
agencies sometimes do not give projects a lot of thought
before they mandate implementation. He said he was not sure
that Lino Lakes was ready for this program. There is a lot
of work to be done; advertising, incentives, preparation of
brochures and contact with haulers. Mr. Volk explained that
the City wide mailing would be completed before June 1st.
Mr. Bisel said he would welcome any support from other
organizations in Lino Lakes.
Mr. Bisel noted a deeper concern and that is how will those
residents who have never contracted with a hauler be
addressed. This program is not likely to change their
attitude regarding how they handle their own refuge.
Mr. Volk outlined the several phases of the program; phase I,
volunteer program with initial brochures sent to residents by
June 1; phase II will require residents to have contracted
with a license hauler, and phase III will be working toward
organized collection, possibly designating areas for specific
haulers.
Mayor Benson noted that the success of the program depends on
the items being separated in the home. He asked how do you
accomplish this especially when there are children in the
home. Mr. Volk explained that part of the educational
program will be going directly to the children in the
schools.
Mr. Volk asked for Council approval of the first phase so
that the June 1st brochure can be mailed to the residents.
Mr. Reinert moved to approve. the implementation of the Solid
Waste /Recycling Program and asked that Mr. Volk and Mrs. Kurk
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COUNCIL MEETING
MAY 8, 1989
come back to the Council with time tables and outlines of the
program. Mr. Neal seconded the motion. Motion carried
unanimously.
Mayor Benson referred to a Council Work Session with Mr.
Schumacher on February 11, 1989 and noted several items he
would like addressed including non - union employee salary
adjustments, newsletter and feedback to the Council on a bi-
weekly basis. Mr. Schumacher explained that the non -union
salary study should be completed within the next two weeks
and he will set a special meeting with the Council on this
matter.
Mayor Benson asked if the format has been established for
employees to give feedback regarding the City Administrator.
Mr. Schumacher said it has not been distributed to the
Department Heads to date. Mayor Benson asked for an update
as soon as possible.
Mayor Benson explained that he has received several telephone
calls regarding the recently adopted ordinance changing
Chapter No. 8 of the Lino Lakes City Charter. One concern
appears to be in reference to the ability of the City to use
General Fund money for repayment of a general obligation bond
if assessments are running short. Mr. Hawkins explained that
now bonds can be issued according to Chapter 429 of the State
Statutes. Mr. Schumacher explained that this is the portion
of the Charter where the Bond Attorney had problems.
NEW BUSINESS
Petition Regarding 24th Avenue (Elmcrest Avenue) - Mr.
Schumacher explained a petition has been received to upgrade
24th Avenue. The Hugo citizens have recently visited their
City Council regarding this matter. Mr. Schumacher suggested
that the next step is to set up a meeting with the Hugo staff
to determine what their options are. This would be an
expensive project because of poor soil conditions.
Mr. Bisel asked how many gravel roads are left in Lino Lakes.
Mr. Volk said about ten (10) miles of roadway. Mr. Bisel
said he felt one City objective should be getting these roads
upgrade. Mayor Benson said that financing such improvements
would be the first concern. He asked that Mr. Volk put
together budget and proposal for financing this objective.
Mr. Miller noted that he had sent a memorandum to the Council
on Friday asking the Council to set a public hearing for Mr.
Robert Simons Conditional Use Permit request. Mayor Benson
asked if this matter had been considered by the P & Z Board
and Mr. Miller explained that it would be addressed this
coming Wednesday evening. Mayor Benson said he hesitated to
order the public hearing prior to any P &.Z Board action.
Mrs. Anderson explained that the public hearing could be set
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COUNCIL MEETING MAY 8, 1989
at the May 22 Council meeting for June 12th since there are
three weeks between Council meetings.
Mr. Volk explained that there was a water main break on Black
Duck Drive in the same area as a break earlier this spring.
He noted that Lino Lakes has not experienced many of these
failures but expects that this situation may change because
new mains are being constructed each year.
Mr. Neal noted that the manhole in his street appears to be
moving up and down with the weather conditions. Mr. Volk
explained that it was the street that was moving up and down.
Mr. Schumacher referred to an Action Alert bulletin from the
League of Minnesota Cities regarding severe tightening of the
levy. He has prepared a letter on behalf of the City Council
on this matter opposing the proposals now before the
legislature.
Mr. Schumacher explained that he has met with staff from the
City of Shoreview regarding Ash Street (County Road J).
Ramsey County has now included this street in their 1990
capital improvements program. He will check with Anoka
County to see if they have done the same.
Mr. Schumacher told the Council that he has met with the
staff from the City of Shoreview to discuss a temporary hook
up to their water system to service the Woodridge Estates
area. This means another Joint Powers Agreement with
Shoreview. Mr. Bisel was concerned that Lino Lakes place
their own pipe in the ground and only the connection be made.
Mr. Schumacher explained that there is a termination clause
in the Agreement that would allow this City to construct our
own water main if growth warrants it. This connection will
save about $130,000 on the Woodridge Estates improvement at
this time. Mayor Benson asked for cost estimates for both
the temporary connection to Shoreview and extension of the
Lino. Lakes water main to this area.
League of Minnesota Cities Conference — Mr. Reinert, Mr. Neal
and Mr. Volk indicated that they would be attending this
conference.
Mr. Bisel moved to adjourn at 10:02 P.M. Mr. Reinert
seconded the moton. Aye.
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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-
Marilyn G. Anderson, Clerk - Treasurer
enjam G. Benson, Mayor
Extract of Minutes of Meeting
of the City Council of the City
of Lino Lakes, Anoka County, Minnesota
Pursuant to due call and notice thereof a regular meeting of the City
Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the
City Hall in the City on Monday, May 8, 1989, commencing at 7:00 P.M.
The following members of the Council were present: Mayor Benson,
Members Bisel, Bohjanen, Neal, and Reinert
and the following were absent: None
* * *
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The following written resolution was presented by Member Bisel
who moved its adoption the reading of which had been dispensed with by
unanimous consent:
RESOLUTION NO. 33 -89
RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF $4,660,000 GENERAL OBLIGATION TEMPORARY
IMPROVEMENT BONDS, SERIES 1989A
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) the following assessable public improvements (the
Improvements) have been made, duly ordered or contracts
let for the construction thereof, by the City pursuant
to the provisions of Minnesota Statutes, Chapter 429
and the City's home rule charter (collectively referred
to as the Act):
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Project Designation & Description:
Total Project Cost
1989 Improvement Projects Nos:
8976, 9196, 9013, 9185, 9401, 9191
Construction $4,120,767
Capitalized Interest 496,020
Subtotal $4,616,787
Discount 46,600
Reinvestment Earnings (3,387)
TOTAL $ 4,660,000
(b) it is necessary and expedient to the sound financial
management of the affairs of the City to issue
$4,660,000 General Obligation Temporary Improvement
Bonds, Series 1989A (Bonds) pursuant to the Act to
provide temporary financing for the Improvements.
2. To provide temporary financing for the Improvements, the
City will therefore issue and sell Bonds in the amount of $4,613,400.
To provide in part the additional interest required to market the
Bonds at this time, additional Bonds will be issued in the amount of
$46,600. The excess of the purchase price of the Bonds over the sum
of $4,613,400 will be credited to the debt service fund for the Bonds
for the purpose of paying interest first coming due on the additional
Bonds. The Bonds will be issued, sold and delivered in accordance
with the terms of the following Official Terms of Offering:
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OFFICIAL TERMS OF OFFERING
$4,660,000
CITY OF LINO LAKES, MINNESOTA
GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1989A
Sealed bids for the Bonds will be opened by the City on Monday, June 12, 1989, at
11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place,
Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by
the City Council at 7:00 P.M., Central Time, of the same day.
DETAILS OF THE BONDS
The Bonds will be dated July 1, 1989, as the date of original issue, and will bear interest
payable on January 1 and July 1 of each year, commencing January 1, 1990. Interest will be
computed upon the basis of a 360 -day year of twelve 30-day months and will be rounded
pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each,
or in integral multiples thereof, as requested by the Purchaser, and fully registered as to
principal and interest. Principal will be payable at the main corporate office of the Registrar and
interest on each Bond will be payable by check or draft of the Registrar mailed to the registered
holder thereof at his address as it appears on the books of the Registrar as of the 15th day of
the calendar month next preceding the interest payment.
The Bonds will mature July 1, 1992.
OPTIONAL REDEMPTION
The City may elect on July 1, 1991, and January 1, 1992, to prepay Bonds due on July 1,
1992. Redemption may be in whole or in part of the Bonds subject to prepayment. If
redemption is in part, the specific Bonds to be prepaid will be chosen by lot by the Registrar.
All prepayments shall be at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge
special assessments against benefited property. The proceeds will be used to finance various
improvement projects within the City.
TYPE OF BID
A sealed bid for not Tess than $4,613,400 and accrued interest on the total principal amount of
the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also
prior to the time set for bid opening, a certified or cashier's check in the amount of $46,600,
payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED
Incorporated, the City's Financial Advisor. No bid will be considered for which said check has
not been filed. The check of the Purchaser will be retained by the City as liquidated damages
in the event the Purchaser fails to comply with the accepted bid. The City will deposit the
check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be
withdrawn after the time set for opening bids unless the meeting of the City scheduled for
consideration of the bids is adjourned, recessed, or continued to another date without award of
the Bonds having been made. Bidders shall specify a single rate from the date of the Bonds to
the date of maturity. - _. •
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AWARD
The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be
determined by the deduction of the premium, if any, from, or the addition of any amount less
than par, to the total dollar interest on the Bonds from their date to their final scheduled
maturity. The City's computation of the total net dollar interest cost of each bid, in accordance
with customary practice, will be controlling.
The City will reserve the right to: (i) waive non - substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii)
reject any bid which the City determines to have failed to comply with the terms herein.
REGISTRAR
The City will name the Registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the Registrar.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the Purchaser.
SE I I LEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be
subject to receipt by the Purchaser of an approving legal opinion of LeFevere, Lefler, Kennedy,
O'Brien & Drawz, a Professional Association of Minneapolis, Minnesota, which opinion will be
printed on the Bonds, and of customary closing papers, including a no- litigation certificate. On
the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds
which shall be received at the offices of the City, or its designee, not later than 1:00 P.M.,
Central Time. Except as compliance with the terms of payment for the Bonds shall have been
made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for
any loss suffered by the City by reason of the Purchaser's non - compliance with said terms for
payment.
OFFICIAL STATEMENT
Underwriters may obtain a copy of the Official Statement by request to the City's Financial
Advisor prior to the bid opening. The Purchaser will be provided with 50 copies of the Official
Statement.
Dated May 8, 1989
BY ORDER OF THE CiTY COUNCIL
Is/ Marilyn G. Anderson
Clerk- Treasurer
3. The Clerk - Treasurer is authorized and directed to advertise
the Bonds for sale in accordance with the foregoing Official Terms of
Offering and to publish the abbreviated notice of sale attached hereto
as Exhibit A in the manner required by law. The City Council will
meet at 7:00 p.m. on Monday, June 12, 1989, to consider bids on the
Bonds and take any other appropriate action with respect to the Bonds.
The motion for the adoption of the foregoing resolution was
duly seconded by Councilmember Reinert, and upon vote being taken
thereon the following members voted in favor of the motion: Mayor
Benson, Members Bisel, Bohjanen, Neal and Reinert
and the following voted against: None
whereupon the resolution was declared duly passed and adopted.
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Exhibit A
NOTICE OF BOND SALE
$4,660,000
GENERAL_ OBLIGATION TEMPORARY IMPROVEMENT
BONDS, SERIES 1989A
CITY OF LINO LAKES,
ANOKA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the
above bonds will be received until 11:00, a.m., C.T. on Monday, June
12, 1989, in the offices of Springsted, Incorporated, 85 East Seventh
Place, Suite 100, St. Paul, Minnesota 55101 -2143, at which time the
bids will be opened and tabulated for consideration by the City
Council at a meeting at 7:00 p.m. on the same day. The bonds are
offered on the following terms. The bonds will be dated July 1, 1989,
will bear interest payable semiannually on each January 1 and July 1,
commencing January 1, 1990, and will mature on July 1, 1992.
The City may elect on July 1, 1991 or on any interest payment date
thereafter to redeem and prepay bonds of this issue in whole or in
part by lot at a price of par plus accrued interest to date of re-
demption.
Bidders must specify a price of not less than $4,613,400 plus accrued
interest. A legal opinion on the bonds will be furnished by LeFevere,
Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minne-
apolis, Minnesota. The proceeds of the bonds will be used to finance
a portion of the costs of various assessable public improvements in
the City.
Bidders should be aware that the Official Statement to be distributed
for the bonds may contain additional bidding terms and information
relative to the bonds. In the event of a variance between statements
in this Notice of Bond Sale and the Official Statement bidders must
comply with the terms of the latter.
BY ORDER OF THE CITY COUNCIL
/s/ Marilyn G. Anderson
City Clerk- Treasurer
Dated: May 8, 1989.
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
I, the undersigned, being the duly qualified and acting
Clerk - Treasurer of the City of Lino Lakes, Minnesota, hereby certify
that I have carefully compared the attached and foregoing extract of
minutes of a regular meeting of the City Council of the City held on
Monday, May 8, 1989, with the original minutes on file in my office
and the extract is a full, true and correct copy of the minutes,
insofar as they relate to the issuance and sale of $4,660,000 General
Obligation Temporary Improvement Bonds, Series 1989A of the City.
WITNESS My hand as City Clerk - Treasurer and the corporate
seal of the City this i) day of I!:''
City Clerk- Treasurer
, 1989.
City of Lino Lakes, Minnesota
(SEAL)
L6:05270589.RAU
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CITY OF LINO LAKES
RESOLUTION NO. 30 - 89
RESOLUTION ACCEPTING BID FOR THE IMPROVEMENT OF RESHANAU LAKE
ESTATES SOUTH, PHASE IIb (3RD ADDITION)
WHEREAS: pursuant to an advertisement for bids for the
improvement of Reshanau Lake Estates South, Phase
IIB (3rd Addition), bids were received, opened and
tabulated according to law, and the following bids
were received complying with the advertisement:
CONTRACTOR AMOUNT
B. & D. Underground
Richard Knutson, Inc.
Northdale Construction
Annandale Contracting
Albrecht Excavating, Inc.
Nodland Construction
C. W. Houle, Inc.
Burschville Construction
F. M. Frattalone
Arcon Construction
Volk Sewer & Water
$163,414.78
170,478.35
173,946.83
174,793.86
180,688.84
184,525.40
193,464.80
201,875.29
203,213.02
214,944.79
223,719.29
AND WHEREAS, it appears that B. & D. Underground of 2950
Long Lake Road, Roseville, Mn. is the lowest responsible
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 B & D
Underground of 2950 Long Lake Road, Roseville, Mn. in
the name of the City of Lino Lakes for the improvement
of Reshanau Lake Estates South, Phase IIB, (3rd
Addition) 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 City
April, 1989.
is 24t,
:enson, Mayor
Benjam
yn nderson, Clerk - Treasurer
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CITY OF LINO
RESOLUTION NO. 31 — 89
RESOLUTION ACCEPTING BID FOR THE IMPROVEMENT OF WOODRIDGE
ESTATES I & II AND SURROUNDING AREA
WHEREAS: pursuant to an advertisement for bids for the
improvement of Woodridge Estates I & II and
surrounding area, bids were received, opened and
tabulated according to law, and the following bids
were received complying with the advertisement:
CONTRACTOR AMOUNT
C. W. Houle, Inc.
F. M. Frattalone
Richard Knutson, Inc.
Kenko, Inc.
Brown & Cris, Inc.
Arcon Construction
Landwehr Heavy Moving
Northdale Construction
$630,716.60
738,800.00
759,107.55
778,695.66
824,603.80
836,536.92
885,577.75
1,051,741.75
AND WHEREAS, it appears that C. W. Houle, Inc., 1300 West.
County Road I, Arden Hills, Mn. is the lowest responsible
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 C. W. Houle,
Inc., 1300 West County Road I, Arden Hills, Mn. in the
name of the City of Lino Lakes for the improvement of
Woodridge Estates I & II and surrounding area 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 City,eouncil this 8th day-of May
1989. \ /
Mar ly�nderson, Clerk — Treasurer
B�njamin Benson, Mayor
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CITY OF LINO LAKES
RESOLUTION NO. 32 - 89
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF D.
ERICKSON'S 2ND ADDITION, PHASE II
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment for
the above improvement of D. Erickson's 2nd
Addition, Phase II.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual
installments extending over a period of fifteen years,
the first of the installments to be payable on or before
the first Monday in January, 1990 and shall bear
interest at the rate of nine (9) per cent per annum from
the date of the adoption of this assessment resolution.
to the first installment shall be added interest on the
entire assessment from the date of this resolution until
December 31, 1989. To each subsequent installment when
due shall be added interest for one year on all unpaid
installments.
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 Treasurer, except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of this resolution; and he
may at any time thereafter, pay to the City Treasurer
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 next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate
of this assessment to the County Auditor to be extended
on the property tax lists of the County. Such
assessments shall be collected and paid over in the same
manner as other municipal taxes.
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CITY OF LINO LAKES
Adopted by the County this 8th day of May, 1989.
Benjamin� Benson, 'ayor
Mari
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.Anderson, Clerk - Treasurer
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