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HomeMy WebLinkAbout03/26/1990 Council Minutes (2)COUNCIL MEETING MARCH 26, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 7:13 P.M., Monday, March 26, 1990. Council Members present: Neal, Kuether and Reinert. Council Members absent: Bohjanen. City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Regular Council Meeting, March 12, 1990 - Council Member Neal moved to approve these minutes as presented. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS March 26, 1990 - Council Member Neal moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council Member Reinert seconded the motion. Council Member Reinert noted the changes in the manner in which the disbursements are presented to the Council. He felt this change would clarify the disbursements and better point out what the items are. Council Member Neal explained that he had taken a copy of the Lino Lakes Disbursements to the Fire Department and asked them to prepare the Fire District disbursements in the same manner. Council Member Neal explained that Mr. England has paid a Fire District expense out of his own pocket and was being reimbursed with Petty Cash. He noted that Randy Rolstad has purchased paint for the Fire District and he was being reimbursed from Petty Cash. Mayor Bisel explained that this is not normal operating practice and hoped that it would be avoided in the future. Voting on the motion, motion carried unanimously. OPEN MIKE No one appeared under Open Mike. DESIGN REVIEW BOARD - JOHN MILLER Minor Subdivision, Wayne and Cheryl Nelson - Mr. Miller explained that this is a routine request to subdivide Lot 2, Block 3, Ulmer's Rice Lake into four R -1 sized lots. The Nelson's plan to sell the two lots facing Second Avenue since they will be served by sanitary sewer and municipal water. The remaining two lots will be combined until utilities become available. If the septic system at the Nelson home COUNCIL MEETING MARCH 26, 1990 fails, there will be enough room for repair or replacement. A variance is needed because one of the parcels is not 75 feet wide. The Nelson's builder located the Nelson home too far from the side lot line thus preventing the Nelsons from splitting the lot equally. The Design Review Board has reviewed the request for minor subdivision and variance and has approved both requests contingent upon payment of the dedicated park fee of $1200.00 and the combination of the lots on Rice Lake Drive. Mayor Bisel asked if it was correct that the error requiring the variance occurred prior to our current ordinances and was not the fault of the current home owner. Mr. Miller said that this was correct. Mr. Miller also noted that at the time the one acre lots were platted, the developer was promised that the lots could be subdivided at the time utilities became available. Mr. Miller was asked what assurances the City had that the vacant lot facing Rice Lake Drive would not be sold for a new home. Mr. Miller explained that the Nelsons would be required to keep that new lot combined with the current lot until services are available. Council Member Reinert asked if the City will receive requests for similar lots subdivisions all the way up Second Avenue. Mr. Miller said he did not know but it would make sense. Council Member Neal moved to approve Option No. 1 to allow the minor subdivision and variance for Wayne and Cheryl Nelson. Council Member Reinert seconded the motion. Council Member Kuether asked about the park fee. It was explained that the park fee was paid for the parcel with the home at the time of the original plat. The $1200.00 required at this time is for the three new lots that have been created. Voting on the motion, on a roll call vote, motion carried unanimously. Set Public Hearing for Preliminary Plat for PineRidge, April 23, 1990, 7:30 P.M. - Council Member Reinert moved to set the public hearing. Council Member Neal seconded the motion. Motion carried unanimously. Set Public Hearing for Conditional Use Permit and Variance, United Power Association, April 23, 1990, 7:45 P.M. - Council Member Reinert moved to set this public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Miller explained that the staff has spent a great deal of COUNCIL MEETING MARCH 26, 1990 time on this matter and generally explained the need for the conditional use permit and variance. He noted that the adjacent property owners are very concerned about the matter. Mr. Miller asked that the Council be sure to read their minutes and bring all of their concerns and questions to him prior to the public hearing. Mr. Hawkins told the Council that when making a decision on this matter, they must be sure and state all of the findings of fact. Mr. Miller explained that the Design Review Board has prepared findings of fact for their denial and this information will be in their packet. PUBLIC HEARING - TAX INCREMENT DISTRICT NO. 1 - 4 Mayor Bisel opened the public hearing at 7:35 P.M. Mr. Schumacher briefly explained that the purpose of the public hearing is to establish tax increment financing District No. 1 -4 as outlined on a map included in the Council packets. The District includes four proposed development areas: manufactures mall, Rice Lake Plaza, Inside Sports and a residential area west of St. Joseph's Catholic Church and north of Elm Street. Mr. Schumacher noted that the State legislature is currently in session and they are considering several proposals that would eliminate or at least greatly reduce the use of tax increment financing. The purpose of creating this district at this time is to preserve the rights this City has under the current laws. Mr. Ron Batty of Holmes & Graven Chartered has been working with Mr. Miller in preparing this TIF District and was in the audience to answer any questions. Council Member Neal asked if the residential area west of St. Joseph's Catholic Church is proposed for single family residential. Mr. Schumacher explained that currently a couple different proposals are being considered. No decisions have been made. Council Member Neal noted that senior housing has been proposed for that parcel. Council Member Kuether noted that three of the four parcels are commercial lands. She asked why the residential parcel was included. Mr. Schumacher explained that this parcel has been considered for development for some time and the intent to include it was to protect the parcel should TIF be needed for its development. Mr. Batty noted that this is the third year that the legislature has considered revision of the TIF laws and there is every possibility that there will be some changes. He noted that even though District No. 1 -4 is created, the Council has not committed any form of assistance on these parcels. It allows the opportunity for the City to offer assistance. COUNCIL MEETING MARCH 26, 1990 Mr. Batty has prepared Resolution No. 10 - 90 which will adopt a Tax Increment Financing Plan for Tax Increment Financing District No. 1 -4 and authorize the City Administrator to transmit a certified copy of this resolution to the Anoka County Auditor. Mr. Batty noted that if these parcels are placed in the TIF District No. 1 -4 for more than two (2) years, they are considered tainted and cannot be placed in another TIF district for twenty (20) years. If it appears that one (1) or more parcels will not develop within two (2) years the Council should take steps to remove it from this District. Mr. Schumacher and Council Member Reinert told the Council that they did attend the League of Cities Legislative Update. They explained that there has been abuse of TIF by larger cities and noted that there has been negotiation by different delegations regarding the final TIF bill. Mayor Bisel noted that it is unfortunate that Lino Lakes is now getting to a point where TIF is needed and it looks that the City may not be able to take advantage of it. He also noted that he had talked to the Governor when he was in White Bear Lake and expressed his concern about this matter. Council Member Reinert has called Senator Dahl and expressed his concern. Mayor Bisel asked for further comments from the audience. There were none. Council Member Reinert moved to close the public hearing at 7:53 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Reinert moved to approve Resolution No. 10 - 90. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 10 - 90 can be found at the end of these minutes. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins explained that there are three legal actions that are still pending. Eminent Domain, Storm Water Management Plan - Mr. Hawkins explained the eminent domain process has begun for this improvement. There are a number of residents who are contesting the appraisals that were obtained by the City. Mr. Hawkins has petitioned the court to appoint a three person panel to listen to both the City and landowners regarding the appraisals of the landowners property. The court hearing on this petition is set for April 25, 1990. It is expected that the three person panel will conduct their COUNCIL MEETING MARCH 26, 1990 hearings at City Hall some time in May and they will deliver their final decision in June. The Quick Take Notice for Second Avenue is also proceeding through the regular channels. Roger Nelson Lawsuit - Mr. Hawkins gave a brief background on this matter. Rice Creek Watershed District is requiring that additional areas for drainage be found to replace the areas that on Mr. Nelson's lots. The additional area has been found through the tax forfeit procedure. This should be settled soon and the City will receive the money for the sale of the lots to Mr. Nelson. Lino Lakes Community Committee - Mr. Hawkins gave a brief background on this matter noting that after this Committee had sued the City and was admonished for the harassing the City Council, the judge had ordered that the attorney for the committee pay damages to the City in the amount of $500.00. The attorney was to pay this amount within 90 days. The attorney has filed bankruptcy and Mr. Hawkins told the Council that he would ask the judge to order that the attorney be required to perform comparable community service for Lino Lakes. This matter will be before the judge later this week. Council Member Neal said he has heard that some of the committee members did not pay their share of the costs last fall. Their attorney was asking that the committee members pay the fee directly to the City. Mr. Hawkins said that the court action clearly deals with the attorney, not with any assets. Council Member Neal asked what would happen if the attorney did not appear in court. Mr. Hawkins said a bench warrant would be issued for her arrest. However, Mr. Hawkins felt that since the attorney is an officer of the court, she would attend the hearing. Mayor Bisel said he would like to see the issue resolved. He noted that it is unfortunate that it has dragged out this long. ENGINEER'S REPORT Comprehensive Sewer Plan Amendment, Darrell Schneider - Mr. Schneider explained that the Comprehensive Sewer Plan Amendment has been approved by Metropolitan Council. This will be further discussed under Agenda Item 12B. Resolution No. 12 - 90, Ordering Feasibility Report for PineRidge, Dan Boxrud - Mr. Boxrud noted that the Council set a public hearing earlier in this meeting for PineRidge. The developer has sent a petition requesting that the feasibility report be ordered by the Council. Mr. Boxrud recommended that the Council proceed with the feasibility report COUNCIL MEETING MARCH 26, 1990 providing the developer pay the cost of the feasibility report prior to the study being started. This means that if the preliminary plat is not approved by the City the cost of the feasibility report will still be covered. Council Member Neal moved to approve Resolution No. 12 - 90 ordering a feasibility report for PineRidge, contingent upon the escrow being paid prior to the start of the feasibility report and with the understanding that by taking this action of authorizing the feasibility report prior to the reviewing of the preliminary plat in no way binds the Council to a preliminary plat approval. Council Member Kuether seconded the motion. On roll call vote, motion carried unanimously. Resolution No. 12 - 90 can be found at the end of these minutes. Resolution No. 13 - 90 Ordering Feasibility Report for Pheasant Hills and Resolution No. 14 - 90 Ordering Feasibility Report or Brandywood Estates, Dan Boxrud -Mr. Boxrud explained that Mr. Vaughn and Mr. Erickson have waited until the Metropolitan Council approved the Comprehensive Sewer Plan Amendment before moving further with their preliminary plats. The approval has come from the Metropolitan Council and Mr Vaughn and Mr. Erickson will be seeking preliminary plat approval from the Design Review Board. They are requesting that the Council order a feasibility study for their subdivisions at this time to help speed the process. Here again Mr. Boxrud recommended approval of the resolution contingent upon receipt of escrow to cover the cost of the study. Council Member Reinert noted that this is not the normal procedure and asked if there was anything in the City Charter or State Law that would prohibit Council action. There is nothing. However, Mr. Schumacher wanted to be sure that the developers understand that by taking action authorizing the feasibility studies prior to reviewing the preliminary plat does not bind the Council to an automatic approval. Council Member Neal moved to authorize the feasibility report study for Brandywood Estates and Pheasant Hills contingent upon proper escrow being provided to the City. Mayor Bisel seconded the motion. On a roll call vote, motion carried with Council Member Kuether abstaining. Resolution No. 13 - 90 and Resolution No. 14 - 90 can be found at the end of these minutes. STATUS REPORT - 49 /LAKE DRIVE INTERSECTION, DAN BOXRUD On February 26, 1990, the City Council did consider this improvement and noted that the City would act a lead agency. The Council asked that this be a urban improvement with COUNCIL MEETING MARCH 26, 1990 concrete curb and gutter. A letter was sent to MnDot outlining the Council action.' At the time the Council took this action, it was not known if MnDOT would require a four (4) lane intersection. Recently both MnDOT and the Anoka County Highway Department have commented on the improvement. Anoka County has stated that they would participate in the improvement in 1991 if curb and gutter were not required. The County indicated that they did not have enough money available for this type of an improvement. Anoka County also indicated that they would not look favorably at a two (2) lane urban intersection. The comments from MnDOT indicate that a four (4) lane intersection south on Highway #49 is not necessary. However, they did recommend putting in sidewalks at the intersection. Financing of the sidewalks would have to be provided by the developer, the City or TIF. MnDOT's comments regarding the area east of Lake Drive indicated that there is not enough information available to determine if a four (4) lane intersection is needed. Presently MnDOT feels two (2) lanes can handle the traffic. MnDOT indicated that further data would be needed and the cost of collecting this data would be about $5,000.00. The City would be responsible for this cost. The question appears to be when will a four (4) lane intersection be needed. If it is soon it would appear that constructing the four (4) lanes now is the best approach. If the need is fifteen (15) or twenty (20) years in the future, possibly the City should consider constructing a two (2) lane street with a two (2) turning lane intersection at this time. Mr. Boxrud outlined three (3) options: Option No. 1 - Pursue permanent improvement of the intersection with four (4) lanes plus appropriate turn lanes. This may require additional time and the City may not meet the May 1, 1990 deadline for a cooperative agreement thereby delaying the improvement until 1992. A permanent agreement would require the study and the study may indicate that a four (4) lane intersection is not needed at this time. If the study showed that the four (4) lanes would be justified, the extra lanes east of the intersection of Highway #49 could be funded by the State. The lanes west of the intersection may or may not be funded by the County depending on what can be negotiated. This option would resolve the issue of the intersection permanently. Option No. 2 - Agree to a two (2) lane rural improvement (no curb and gutter) and the appropriate turn lanes. At the time the intersection would be widened to a four (4) lane intersection, the adjoining landowners would be responsible COUNCIL MEETING MARCH 26, 1990 for the costs. Development of the adjacent parcel would have to occur such that widening of the roadway could occur at a later date without significant inconvenience to the property owners. This improvement may function for five (5) years or more. This option will function adequately in the near future and requires the lowest initial capital outlay on the part of all parties. Option No. 3 - Consider a two (2) lane urban improvement plus turn lanes. The City would have to negotiate with Anoka County to determine the amount of cost sharing. Mr. Boxrud noted that if the Council wanted to resolve the intersection in a permanent manner, the Council should pursue a four lane intersection but keep in mind that it may not be built until 1992. The reason for this would be that a study would be needed and it may not be complete in time to enter into a cooperative agreement with MnDOT by May 1, 1990. This option would recognize the City's desire for an urban improvement but could present some problems in the future during the widening process because the City would have difficulty trying to prove benefit to abutting properties. Council Member Reinert said that there are a lot of unknowns in this situation. The developer of Rice Lake Plaza is not going forward and it appears there are not many commitments. Mr. Boxrud said that Option No. 1 is the best way to go for a permanent solution. However, if four (4) lanes are justified and the County and MnDOT do not have enough money, the City has to decide how to fund the improvement. Mr. Boxrud noted that the state has many demands for funding and they do like to stage improvements such as this. Council Member Reinert noted that one important aspect of the intersection is safety. He said he could not understand how the County and State could look at it so short sightedly. Mr. Boxrud explained that for safety reasons, re- alignment of the intersection will be most significant, not whether it be two (2) lanes or four (4) lanes. Mayor Bisel agreed that the intersection is dangerous. He said he would not want to construct a two (2) lane improvement now and then have to reconstruct the entire area in a few years. He felt that the costs would be cheaper today. The need is for a four (4) lane improvement in 1991. Mr. Boxrud suggested doing the traffic study concurrently with the cost analysis. Both studies should be done by May 1, 1990. He noted that the study may show that a four (4) lane improvement is not needed. Mayor Bisel noted that there is substantial growth near this intersection and the Rice Lake Plaza is based entirely on the concept of the intersection change. Mr. Boxrud noted that COUNCIL MEETING MARCH 26, 1990 Second Avenue will send a great deal of traffic through the area, however, dedicated turn lanes should allow the traffic to move smoothly. Council Member Kuether asked if there will be a stop light at the Highway #49 /Lake Drive intersection. Mayor Bisel said at some time, but we do not know when. There was further discussion regarding when four (4) lanes would be justified for the intersection and whether the deadline could be met to enter into the cooperative agreement with MnDOT. Council Member Reinert said that the Council could order the study and if "red flags" appeared the matter could be brought back to the Council. Council Member Reinert moved to proceed with the four (4) lane intersection and the study to justify this intersection and if problems are indicated the matter is to be brought back to the Council. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. CONSIDERATION OF ADOPTING THE CENTENNIAL FIRE DISTRICT BY- LAWS - RANDY SCHUMACHER Mr. Schumacher explained that the Steering Committee has reviewed and modified the by -laws of the Fire District. The most significant change was the elimination of committee responsibility and re- delegation of some responsibilities to the Fire Chief and Steering Committee. Mr. Schumacher noted that the City Attorney has reviewed the by -laws and has recommended approval of them. Council Member Reinert explained that this situation is different in that there are no department heads, no paid employees and no structured work conditions. The by -laws are needed to help run the Fire District. Council Member Reinert said that the Steering Committee had to recognize that these are volunteers with special desires and the Steering Committee can not run volunteers as you would run employees. Council Member Neal noted that there is some feeling among the fire fighters that the City Administrators are taking over the operation the Fire District. Council Member Reinert noted that the fire fighters did feel "imposed upon ". However, both Council Member Neal and Council Member Reinert felt the situation would improve with time. Mr. Schumacher also noted frustration from the fire fighters regarding the fact that there still is not a new fire hall in Centerville and the district still has a lot of old, used equipment. They do not understand why it has taken five (5) years for the Fire District to get organized. Mayor Bisel said he felt that the fire fighters must realize responsibility to the people they serve. They must also COUNCIL MEETING MARCH 26, 1990 realize that the City is in a situation where they must allow the Fire District to function in the best interest of each City. There must be checks and balances to insure smooth operation of the District and also to insure that it is a fiscally sound operation. Council Member Neal noted that the Centennial Fire District is rated either No. 1 or No. 2 in the State for volunteer departments. Council Member Neal moved to approve the Centennial Fire District by -laws. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. DISCUSSION OF TAX IMPACT FOR 1990 - RANDY SCHUMACHER Mr. Schumacher explained that he attended the League of Minnesota Cities meeting last week and noted that there will be some adjustment to the current state aid formula for municipalities, counties and school districts. At this time no one is sure what the outcome will be. Mr. Schumacher complimented the staff for preparing an comparison of the impact of the 1990 levy and budget on the 1990 property taxes. As he had predicted during budget work sessions, the City's increase in levy had almost no negative impact on the residents taxes. He noted the good news, taxes were significantly reduced in all three school districts. Therefore, on a particular property in Lino Lakes that did not have an adjustment in value, the taxes went down. However, he did note that the Assessor has re- evaluated all property in the City and there have been many adjustments. Council Member Reinert explained that he has met with the Assessor and was informed that many property values were well out of line. Council Member Reinert explained that as property values are adjusted, taxes on the new homes will be reduced. Mr. Schumacher noted other taxing authorities that take tax money out of the City. However, he explained that the school districts still receive the largest portion of the tax dollar. Mayor Bisel suggested that Mr. Schumacher send a copy of the 1990 Tax Impact material prepared by the staff to each of the three school districts. Council Member Neal suggested that this also be put on Cable TV. Mr. Schumacher told the Council that this City should be proud of the fact that taxes have gone down in the City in spite of the significant cut in state aid and services are operating at the same high levels. 1 COUNCIL MEETING OLD BUSINESS MARCH 26, 1990 League of Minnesota Cities Legislative Update, Randy Schumacher - Mr. Schumacher and Council Member Reinert attended the League Legislative Update last week. Mr. Schumacher noted that the most significant issue is that state aid for 1990 will be reduced. This creates a problem in that the original amount of state aid has been calculated into the 1990 Budget. If the state aid is cut by $20,000 to $50,000 as anticipated, there will have to be a similar cut in the 1990 Budget or an equal amount taken from surplus. This means that the Council will have to take a long hard look at present services. Comparable Worth is also before the legislature again this session. This is a mandated and costly issue. Mr. Schumacher said he was not arguing why it should be in place, but how, since there was no money appropriated to fund the original Plan and no money is apparently being funded for any changes in the Plan. This issue may be decided in court. Tax Increment Financing (TIF) is another issue before the legislature. Mr. Schumacher noted it will probably be a week to ten (10) days before its impact is known. He noted the action earlier this evening should safeguard Lino Lakes current projects. Coordination of elections all on one day is another matter before the legislature. There is one bill in the senate and another bill in the legislature and they are widely different. Council Member Reinert said he has followed this issue and cannot imagine how this would work. He noted that some of the large municipalities are pushing this issue. Council Member Reinert told the Council that he talked to a number of other council people and interacted with speakers and audience during this Update session. It is the opinion of the people he spoke with that the legislature is treating municipalities like a "bunch of kids" who are not responsible for managing the cities affairs. He noted a widening breach between the legislature and local officials and school districts. Mayor Bisel said it was his opinion that the legislature was setting themselves up as a high authority. Council Member Reinert noted that there is a IR candidate for State Senate from Lino Lakes, Jane Brown. Comprehensive Plan Amendment, Randy Schumacher - Mr. Schumacher explained that a Comprehensive Plan Amendment was prepared by staff, a public hearing was held and the staff has been working with Metropolitan Council and the Community Development Committee on the matter. The Amendment has now been approved by Metropolitan Council. The MUSA area has been expanded and generally it is a good document. COUNCIL MEETING MARCH 26, 1990 Mayor Bisel asked about the lift station on Laurene Avenueand it was explained that it will be upgraded soon enough to give the needed capacity. Mr. Boxrud noted that Metropolitan Council has allowed Lino Lakes to have the most selective MUSA boundary lines that he has seen. He felt that Metropolitan Council was recognizing the problems in Lino Lakes and was trying to work with the City. He noted a concession on the part of Metropolitan Council and that is allowing the Ed Vaughn property to use the Centerville lift station. Although this was to be a temporary situation, the facilities plan will probably indicate that the Centerville lift station will be updated to provide a permanent solution for the Vaughn property. Mr. Schneider noted that times have changed at Metropolitan Council and they were much more receptive to the Lino Lakes situation mostly due to a staff member, Steve Schwanke. Mr. Schwanke understood the problems and was very professional in his approach. Mr. Schneider said he had made a point of complimenting him and his approach to the Metro staff. Mr. Schneider hoped this would foster cooperative spirits so that Lino Lakes and the Metro Council can both accomplish their goals. NEW BUSINESS Set Work Session for Capital Improvement Plan - The Council had prepared their check list of priorities for the Capital Improvement Plan (CIP) and these lists were given to the Clerk. The work session was set for 3:00 P.M. to 5:00 P.M., Wednesday, April 11, 1990. Mayor Bisel said that a work session should also be set to finalize the objectives for the City Administrator. Municipal Facilities Study Outline - Mr. Schumacher asked that a work session be set to review the architect's study. The work session was set for Monday, April 16, 1990 from 4:00 P.M. to 6:00 P.M. Mayor Bisel asked that reminders be sent to the Council and as well as a copy of the Winsor /Faricy study. Annual League Conference - The conference is scheduled for June 12th through the 15th. Council Members Neal, Reinert, Kuether and Mayor Bisel will attend. Council Member Reinert moved to adjourn at 9:53 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a COUNCIL MEETING regular Council meeting held on April 9, 1990. MARCH 26, 1990 Marilyn G. Anderson, Harold L. Bisel, Clerk— Treasurer 1 Mayor Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -90 RESOLUTION ADOPTING A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -4 BE IT RESOLVED By the City Council (the Council) of the City of Lino Lakes, Minnesota (the City) as follows: Section 1. Recitals. 1.01. On January 26, 1987, the City adopted a Development Program for Development District No. 1, pursuant to and in accordance with Minnesota Statutes Section 469.124 through 469.134. 1.02. Since 1987, the City has established three tax increment financing district within Development District No. 1 pursuant to the provisions of Minnesota Statutes Section 469.174 through 469.179. 1.03. It has been proposed that the City establish an additional tax increment district to assist several new projects within Development District No. 1. 1.04. The Council has investigated the facts and has caused to be prepared a Tax Increment Financing Plan (Plan) for Tax Increment Financing District No. 1- 4 describing the assistance to be provided to the developers of the new projects. 1.05. The City has performed all actions required by law to be performed prior to the adoption of the Plan, including, but not limited to, notification of Anoka County and Independent School District Nos. 831 and 12; a review by the planning and zoning board of the Plan for its consistency with the general plans for development of the City; and holding a public hearing regarding the Plan upon such notice as is required by law. 1.06. The Plan is contained in a document entitled "Tax Increment Financing Plan, Tax Increment Financing District No. 1 -4, City of Lino Lakes, Minnesota" dated March 26,1990, and on file in the office of the City Administrator. 1.07. The City Council has fully reviewed the contents of the Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. 1 1 1 Section 2. Findings Relating to the Establishment of Tax Increment Financing District No. 1 -4. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the District and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to establish Tax Increment Financing District No. 1 -4. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the projects proposed in the Plan for Tax Increment Financing District No. 1 -4, could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary to assist the projects. 2.03. The expenditures proposed to be financed through tax increment financing are necessary to permit the City to realize the full potential of the District in terms of development intensity and tax base. 2.04. The Plan for Tax Increment Financing District No. 1 -4 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the tax increment financing district by private enterprise. 2.05. The City Council has relied upon the opinions and recommendations of its staff and planning and zoning board and the personal knowledge of the members of the council in reaching its conclusions regarding the Plan and the establishment of Tax Increment Financing District No. 1 -4. 2.06. Tax Increment Financing District No. 1 -4 is an economic development tax increment financing district within the meaning of Minnesota Statutes Section 469.174, Subd. 12. Section 3. Approval of the Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1 -4. 3.01. The Plan for Tax Increment Financing District No. 1 -4 is hereby adopted. 3.02. Tax Increment Financing District No. 1 -4 is hereby established. The boundaries of Tax Increment Financing District No. 1 -4 are as described in the Plan and incorporated herein by reference. 3.03. For purposes of Minnesota Statutes, Chapter 473F, the City hereby elects to be treated under the provisions of Minnesota Statutes Section 469.177, Subd. 3(b) of the TIF Act. 3.04. The City Administrator is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the Plan to the auditor of Anoka County with a request that the original tax capacity of the property within Tax Increment Financing District No. 1 -4 be certified to the City pursuant to Section 469.177, Subd. 1 of' the Tax Increment Financing Act and to file a copy of the Plan for Tax Increment Financing District No.1 -4 with the Minnesota Commissioner of Trade and Economic Development. 2 DATED: ATTEST: March 26 , 1990. Marilyn Gnderson, City Clerk- Treasurer The motion for member Neal in favor thereof: Harold L. Bisel, Mayor- the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted Neal, Kuether, Bisel, Reinert and the following voted against same: none Whereupon said resolution was declared duly passed and adopted. .LK110 -011 3 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION N0. 12 - 90 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - PINERIDGE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of PineRidge, filed with the Council on March 22, 1990, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Dan Boxrud, SEH and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 26th day of March, 1990. Harold L. Bisel, Mayor Mar lyn(. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 13 - 90 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - PHEASANT HILLS BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Pheasant Hills, filed with the Council on March 26, 1990, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Dan Boxrud, SEH and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 26th day of March, 1990. Harold L. Bisel, Mayor '� J• ��z�9- it�Oi. �. Mar'ly G.'Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Mayor Bisel and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert and the following voted against same: none. Council Member Kuether abstained. Whereupon said resolution was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 14 — 90 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT — BRANDYWOOD ESTATES BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Brandywood Estates, filed with the Council on March 26, 1990, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Dan Boxrud, SEH and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 26th day of March, 1990. Harold L. Bisel, Mayor Marityn�G. Anderson, Clerk— Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Mayor Bisel and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert and the following voted against same: none. Council Member Kuether abstained. Whereupon said resolution was declared duly passed and adopted.