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HomeMy WebLinkAbout06/11/1990 Council Minutes (2)COUNCIL MEETING JUNE 11, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel on Monday, June 11, 1990 at 7:00 P.M. Council Members present: Neal, Kuether, Bohjanen. Council Members absent: Reinert. City Attorney, Bill Hawkins; City Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. Mr. Schumacher asked the Council to table agenda items #5, #6, #13B and #13C. He noted that all these items would require a four fifths vote of the Council and since Council Member Reinert was not present, it did not appear to be proper to consider these matters. Council Member Bohjanen moved to table the agenda items suggested by Mr. Schumacher. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. CONSIDERATION AND APPROVAL OF MINUTES Council Work Session, May 29, 1990 - Council Member Neal moved to approve these minutes as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Regular Council Meeting, May 29, 1990 - Council Member Bohjanen moved to approve these minutes as presented. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS May 31, 1990 - Council Member Bohjanen moved to approve these Disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. June 11, 1990 - Council Member Bohjanen moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Council Member Neal questioned the disbursement for copper sulfate for the beach area. Mr. Schumacher explained the disbursement. Voting on the motion, motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE Jack Lannon, Forest Lake District Memorial Hospital (DMH) - Mr. Lannon introduced himself to the Council and gave the Council note pads, pens and other information regarding the operation of the hospital during the past year. Mr. Lannon explained that DMH has donated some land next to PAGE 1 1 1 1 2 y COUNCIL MEETING JUNE 11, 1990 the hospital for the purpose of constructing some senior housing. He noted that there will be funding for the construction from the Housing Authority. Mr. Lannon gave the Council a summary of DMH's financial statements. He explained the DMH financial statements and also the Ambulance Service summary statements. These statements showed the impact of Lino Lakes on the DMH services and the ambulance services. Mr. Lannon expressed appreciation to the City of Lino Lakes for their support of both services. Council Member Neal complimented Mr. Lannon on the improvements made both at the hospital and with the ambulance service. Mr. Lannon said that he has a good staff and their purpose is to do ordinary things well. The Council thanked Mr. Lannon for coming this evening. Benjamin G. Benson, 6666 East Shadow Lake Drive - Mr. Benson expressed appreciation to the Council for their resolution in support of the proposed ice arena. He noted that indoor soccer will help to fill up the proposed indoor arena. Mr. Benson referred to the recent action of the Council regarding the proposed rezone of property south of Birch Street and east of Ware Road. (PineRidge) He noted that the previous Council had spent a lot of time putting the R -1X zone in place and asked that this Council be consistent and keep this zone intact. Mr. Benson noted that the Centennial School system is heavily pressured and if this zone is changed and the lots sized lowered, more students would be- added to the system. Mr Benson explained that he had spent a lot of time with the Economic Development Committee (EDC) prior to leaving '.he Council and since he has left he has not seen any progess in that area. Mr. Benson said he would be willing to wor with that Committee since it appears that there is a lack c unity or cohesiveness and development has been slowed down. 1e noted that this City needs good commercial and industr al development. He asked that the City administration "c lb hold of things" so that we do not loose opportunities= Mayor Bisel explained that the EDC is on target and a now conducting the intersection study. After this study completed, the City will have a good idea what indust should be located near the intersections. Mayor Bisel said he felt that the rezoning of propert s a "touchy" issue. The Council will consider all reque carefully. Mr. Benson noted the importance of the commercial and PAGE 2 COUNCIL MEETING JUNE 11, 1990 industrial areas on the east side of the City. He said that there is a need to push business for jobs and tax relief. The Council thanked Mr. Benson for coming this evening. Charles Prokop, 2210 Deer Pass Trail - Mr. Prokop had appeared before the Council on May 29, 1990 requesting that a warning siren in his neighborhood be moved. The Council has directed Mr. Volk to address the matter and a letter was written to Mr. Prokop explaining that if he paid the $1,600.00 required to move the facility, if 100% of his neighbors agreed to the new location and if a proper spot on City right -of -way could be used, the warning siren could be moved. Mr. Prokop was to respond to Mr. Volk's letter within seven (7) days. Mr. Prokop said he had a question regarding the cost involved and asked the Council to allow him until July 1, 1990 to respond to the letter. Mayor Bisel noted that this is the tornado season and if the siren were inoperable, the City could be held responsible. Mr. Prokop referred to the requirement that 100% of the adjoining neighbors be in agreement with the new location. He noted that he or his neighbors were never notified of the present location and asked why there should be unanimously agreement now. Council Member Kuether noted that the present concern of the Council is that the siren is not yet operable. Mr. Prokop said the concern of his neighborhood is that were not originally consulted regarding the installation. Mayor Bisel explained how the warning siren plan was developed and who developed the plan. Mayor Bisel said this matter would be _ addressed under New Business. PUBLIC IMPROVEMENT HEARING, WHITE TAIL RIDGE Mr. Boxrud explained this improvement using the overhead projector. The project includes completing the street platted as West Street (now known as White Tail Ridge) connecting Deer Pass Trail and Reiling Road. He noted that a proposed minor subdivision prompted the improvement and also noted that there may be some adjoining properties that would not be assessable making the cost to the assessable owners questionable. Mr. Boxrud outlined the improvement which includes concrete curb and gutter and street lights as required by the present Improvement Policy. He also noted that neither Deer Pass Trail or Reiling Road have concrete curb and gutter ..or street lights. Mayor Bisel asked if all parcels are buildable. Mr. Boxrud said that the question will be if the lots can support a septic system. He noted that one of the land owners has PAGE 3 1 1 1 COUNCIL MEETING JUNE 11, 1990 recently had tests performed, however he has not seen the tests results. Council Member Neal asked why curb and gutter was proposed when no other street in the area has this improvement. Mr. Boxrud explained that this is what the City would require in a new subdivision and the Council will make the decision as to whether or not it should be included here. Mayor Bisel opened the public hearing at 7:39 P.M. Wallace Strand, 7909 Central Avenue N. E. noted that he has owned Lot 9 since the early 1960's and felt that this improvement has been a long time in coming. He noted that there was a petition to complete White Pine Ridge (West Street) in 1974 and that petition was defeated. He also noted that he was dumb founded that when Reiling Road was constructed in 1984, he was not even notified. He said he was in favor of Reiling Road being completed to White Pine Ridge but felt the proposed costs were too high. He said that concrete curbs and gutters and street lights were not in keeping with the present area. Dennis Smith, 5404 Park Avenue South, Minneapolis noted that his request for a minor subdivision did prompt the improvement request. He explained that he had requested only that White Pine Ridge be completed to give him access to his property. He was told that this would not be in the best interest of the City. He said he felt that it was in the best interest of the safety of the area to have the connection between Reiling Road and Deer Pass Trail completed. Mr. Smith said he is anxious about the cost of- this improvement and asked if the original cul -de -sac plan was feasible. Mr. Boxrud said it was but still is not in the best interest of the City. Mr. Smith explained that the Improvement Policy was ch.-iged during the time his minor subdivision was before the C> ;ign Review Board. He felt that if the Council did go alor: with deleting the concrete curb and gutter and street light requirements, no precedent would be set since his rep =t predated the policy change. Dennis Cheesebrow, 686 West Belmont, Roseville noted t. he and Mr. Smith are not developers, simply land ^' ..z w; Atilt to build new homes. However, he note? Dig issue is cost. He also noted th *. " :he city wanted to provi look 1“ one neighborhood, concrete curbs and ters and street lights would be deleted. Mr. Smith also n that there were no street lights on Bald Eagle Drive h leads to his area. He also noted that it is not to h ad Mr. Smith's benefit to extend Reiling Road, it would benefit the City. He said it is frustrating when tht ry will not participate. He proposed to continue with t PAGE 4 123 COUNCIL MEETING JUNE 11, 1990 request and noted that concrete curbs and gutters and street lights cannot be supported by rationale. Jim Katzung, 2220 Reiling Road, noted that he does live on Lot 31. Although about 65 feet of his frontage would be affected by the extension of Reiling Road, he feels that it would not benefit him at all since his lot cannot be subdivided. He did not see how he could be assessed on this lot. Mr. Katzung also noted that he owns Lot 30. He noted that soil conditions on this lot are such that the lot is unbuildable and therefore he did not see how he could be assessed on this lot. He noted that if there is no benefit, he cannot be assessed. Mr. Katzung also questioned the need for concrete curb and gutter and street lights. Mayor Bisel said he was concerned about the project schedule and noted that there is still a law suit pending on Reiling Road. He said he is concerned about who would be selected to do the work. Mr. Katzung said that those proposed to be assessed still do not know what the individual costs will be. He noted that no appraisals of the property have been completed and he also said that he felt the larger lots should have a large portion of the assessment. Mr. Strand said he was only interested in seeing that Reiling Road is constructed past his lot. Mr. Prokop gave a brief background on how Deer Pass Trail was constructed. He noted that the Council has already established a precedent for varying from the requirement of concrete curbs and gutters and street lights. Mr. Prokop also explained that Astronomy classes for School District #624 are conducted in the area, and street lights would present a problem for the class. Council Member Bohjanen moved to close the public hearing at 8:20 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Schumacher explained that the proposed improvement is not in the sixty (60) day waiting period. This allows all affected property owners to petition against the improvement if they so desire. Mr. Smith said that all will petition against the improvement unless the Council makes a decision regarding whether or not to delete the requirement for concrete curbs, gutters and street lights. He asked if there was no other option. Mr. Schumacher explained that the City Engineer has presented his proposal based on the current City Improvement Policy. The Council cannot take action until after the sixty (60) day waiting period. Mr. Hawkins explained that the Council can PAGE 5 1 1 COUNCIL MEETING JUNE 11, 1990 1 2 5 scale the improvement down at . this time but cannot order the project. He noted that if the Council did scale the improvement down at this time, it could reduce the number of petitions against the improvement. Mayor Bisel explained that the current Improvement Policy is meant for higher density new improvement areas. He noted that although from a practical standpoint, concrete curbs and gutters and street lights should be eliminated, it appeared there could be other such requests in the future. However, he felt it would be easy to defend the Council action if these amenities were deleted. He noted that if there are requests to further subdivide in this area, curbs and gutters and street lights would be required. Mr. Cheesbrow noted that three (3) out of four (4) landowners have petitioned for the improvement. He asked the Council to make a decision regarding the extend of the improvement tonight so that they could leave the meeting knowing what the Council will consider. Mayor Bisel questioned Lot 30. He asked if the lot is determined to be unbuildable, what would happen if a "For Sale" sign appeared on the lot. Mr. Boxrud noted that the lot can be sold, however, the City should make it clear that no building permits would be issued on the lot. Lot 30 was addressed. Mr. Prokop asked if fill was brought onto the lot, would this make the lot buildable? Mrs. Katzung explained that there is a point when the cost of filling the lot is prohibitive. The increased value of the lot would be offset by the cost. Council Member Neal moved to determine if the lot is unbuildable. There was no second to this motion. Mr. Boxrud explained that this is a complex issue. He noted that something unusual could be happening on this lot. Mr. Hawkins explained that the Council has the option of directing Mr. Boxrud to determine if the lot is buildable and then starting the sixty (60) days after that decision is made. If the lot is unbuildable the costs would be spread over the benefitted property. Council Member Bohjanen moved to remove concrete curbs and gutters and street lights from the proposed improvement project because no such amenities exist on the two (2) streets this improvement will be connecting. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Mayor Bisel directed Mr. Boxrud to prepare costs and assessments on the buildable lots and have this information for the next Council meeting. PAGE 6 COUNCIL MEETING JUNE 11, 1990 Mr. Boxrud noted that lots with side lot lines along a proposed improvement will not be assessed. He noted that if lots with unimproved side lot lines as removed from the project, only four (4) lots will be assessed. He asked the Council to determine if he should delete parcel #4220 from the project. It was noted that this parcel did participate in the improvement of Deer Pass Trail and it might be difficult to prove that there would be additional benefit to the parcel. Mr. Boxrud asked if he should include the approximate sixty five (65) feet of Lot 31 on Reiling Road. Mayor Bisel asked that Mr. Boxrud determine assessments both including and removing Lot 31 and parcel #4220. The Council took a five (5) minute recess at 8:43 P.M. Council Member Kuether left the Council meeting to go to a meeting in Duluth. PUBLIC IMPROVEMENT HEARING, BRANDYWOOD ESTATES Mayor Bisel opened the public hearing at 8:48 P.M. Mr. Boxrud used the over head projector and explained that Brandywood Estates is a proposed new plat to be located at the southeast corner of Birch Street and 12th Avenue. He noted that the improvements are 100% petitioned. This proposed improvement is located within the MUSA boundary. Trunk sewer service and trunk water service would be extended on the south side of Birch Street from Black Duck Drive. At some time in the future both the Weaver and LaMotte properties could be serviced from the trunk extension. Mr. Boxrud explained that he has met with the LaMotte's and they are not opposed to the trunk lines being located on their property. Council Member Neal asked if Lino Lakes would be constructing a water tower soon. It was explained that a tower is proposed for the Industrial Park area along 35W. Council Member Neal asked why this improvement as well as the Pheasant Hills improvement could not be hooked into the Centerville water tower. It was explained that there is not enough capacity in that tower. Mayor Bisel asked if the proposed sewer trunk line would be a gravity line? Mr. Boxrud said yes. He noted that the Laurene lift station is proposed to be upgraded in the next two (2) years and explained that the developer of the project has already been told that he will be limited to thirty (30) connections per year until the lift station is upgraded. Mr. Boxrud noted that the storm water from the development will be entirely contained within the development. The total cost for the developer is $566,053.00 based on the developer agreeing to pay the trunk charges against the entire plat. The balance of the cost, $140,120.00 will be charged against the Area and Connection Fund. These funds will be recovered PAGE 7 1 COUNCIL MEETING JUNE 11, 1990 when the Weaver and LaMotte properties develop. Mr. Boxrud said the improvement is feasible providing there are funds in the Area and Connection Charge fund to cover the additional $140,120.00. Council Member Neal asked if this would be "leap frogging "? Council Member Bohjanen asked how soon the Weaver and LaMotte properties were expected to develop. Mr. Boxrud said that these property owners have expressed a willingness to cooperate but have not given a time table. Mr. Boxrud explained that neither properties have been given an allocation for use of the lift station. They cannot develop until the Laurene lift station is upgraded. This would indicate that the Area and Connection Fund would have to carry the $140,120.00 for at least two (2) years. Steve Johnston, Merila & Associates and Mark Fitgerald were in the audience and asked Mr. Boxrud to clarify how hookup fees would be collected. Mr. Boxrud said they would be assessed against each lot and would be collected as each lot is sold. Mr. Hawkins explained that the proposal is that everything would be assessed according to the present City Assessment Policy. Mayor Bisel noted that a gravity trunk line will have to be constructed from the Laurene lift station east to Ware Road. He noted that this may take funding from the Area and Connection Charge Fund. If there are not enough funds to cover both improvements, where does the funding go, at the front end of the project or the back end. 127 Mr. Johnston explained that the only problem the owner of the property perceives is the trunk storm water charge. Since the developer is proposed to handle his storm water completely within the subdivision, he feels it is unfair to pay the trunk storm water costs. He noted that it is hard to recognize how $45,000.00 for trunk storm water benefits the improvement. Mayor Bisel explained that whatever is done in one spot of this City benefits all the City. This is spreading the cost over a large area. Mr. Schumacher noted that as of January 1, 1990 there is $107,000.00 in the Area and Connection Fund. Mayor Bis _ noted that this improvement alone would deplete the fur Mr. Hawkins noted that the financing would be set so t1 the financing from the Area and Connection Charge Fund woui be at the very end of the bond payment period. If enough :ley is not collected by the end of the assessment payment y. iod (either 10 or 15 years) then the balance is taken from e Area and Connection Fund. Mr. Hawkins noted that usua penalties and interest add more to the financing than s> planned. PAGE 8 2 3 COUNCIL MEETING JUNE 11, 1990 Council Member Neal asked Mr. Johnston why the developer chose this property to develop. Mr. Johnston explained that the developer wanted to offer a more expensive home for sale and the property lends itself to higher end homes. In addition it was the only property for sale at that time. Jeff Shopek, Merila and Associates said that he was here tonight to represent Pheasant Hills. He noted that Mr. Vaughan, owner of Pheasant Hilis would have a difficult problem with his development if Brandywood Estates is not approved. Mr. Shopek explained that both Brandywood Estates and Pheasant Hills will totally cover all funds. In the future LaMotte and Weaver properties will cover the excess funding needed. He noted that Centennial School District is planning to pay their connection charges. Council Member Bohjanen asked Mr. Schneider if Brandywood Estates and Pheasant Hills would not cause a problem at the Laurene lift station. Mr. Schneider said no, that both were included in his report to the Metro Waste Control Commission. Council Member Neal noted that the sewer connection for Pheasant Hilis will be in the Centerville lift station. He asked if the first phase of Pheasant Hills could have wells. Mr. Boxrud said yes but he would not recommend this. Council Member Bohjanen moved to close the public hearing at 9:28 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Boxrud explained that since this improvement is 100% assessed, the developer will be presenting a petition to - reduce the waiting period from sixty (60) days to ten (10) days. It is possible that this petition will be on the June 25, 1990 Council agenda. Mr. Hawkins noted that the developer is proposing to develop in three (3) years. At that time all costs would be paid. Mr. Schumacher explained that this is what is happening in Sunrise Meadows. The developer has indicated that he will be paying his assessments by the end of the month. His entire assessment will be paid within three (3) years. Mayor Bisel noted that Brandywood Estates is flowing into the Black Duck lift station and is counting on the gravity trunk system to be completed to the Laurene lift station all within the next three (3) years. He said he did not like "leap frogging" until everything is in order. Mr. Hawkins explained that the petition requesting a waiver of the fifty (50) day waiting period will be need for the next Council meeting. PAGE 9 COUNCIL MEETING- JUNE 11, 1990 PUBLIC IMPROVEMENT HEARING, PHEASANT HILLS Mayor Bisel opened the public hearing at 9:38 P.M. Mr. Boxrud used the overhead projector and explained the location of this improvement. He noted that it is planned to extend trunk water from the Black Duck Drive well house. The sewer service will be extended to the Centerville lift station by force mains. Council Member Neal asked why this subdivision was not going to be by gravity lines to the Black Duck lift station. Mr. Boxrud explained that this would overload the lift station. Mr. Boxrud was asked why Brandywood Estates could not be pumped to the Centerville lift station. Mr. Boxrud explained that he felt fortunate that Metro Waste Control agreed to allow Pheasant Hills to be pumped to Centerville. Mr. Schneider noted that Metro Waste Control would not allow additional flow. Mayor Bisel said he felt that the wrong end of the sewer system was under consideration. He expressed concern about getting the gravity flow trunk line completed before additional subdivisions were added to the system. Council Member Bohjanen suggested that the City go to Metro Council now and lobby for financial assistance to complete the gravity line. Mr. Jeff Shopek, representing the developer of Pheasant Hills told the Council that he believes the improvement is feasible as proposed by Mr. Boxrud. He also noted that he has spoken to the Centennial School District and they are willing to accept a water assessment at this time. Mr. Shopek explained that if the City does not agree to serve this area with - sewer, Metro Waste Control may not see a need to improve the lift station at Laurene Avenue. Council Member Bohjanen moved to close the public hearing at 10:05 P.M. Council Member Neal seconded the motion. Motion carried unanimously. It was explained that the Council cannot take action on this matter until the developer presents a petition to waive fifty (50) of the sixty (60) day waiting period. Mayor Bisel asked the Council to consider what affect this development ha - -on the present systems and how }'- ^4_41- t" band 011. PUBLIC HEARING, BRANDYWOOD ESTATES PRELIMINARY PLAT Council Member Bohjanen moved to continue this public ring until June 25, 1990. Council Member Neal seconded tht motion. Motion carried unanimously. PUBLIC HEARING, ECONOMIC DEVELOPMENT AUTHORITY, RESOLt NO. 33 - 90 PAGE 10 29 COUNCIL MEETING JUNE 11, 1990 Mr. Ron Batty explained that the purpose of the resolution was to consolidate the four (4) Tax Increment Financing (TIF) Districts and the Economic Development Committee authority into one entity, the Economic Development Authority (EDA). He briefly outlined the resolution, noting the City Council will also be the EDA. Mr. Batty explained that all current projects will be transferred to the EDA. Mayor Bisel asked if there was anyone in the audience to speak at this public hearing. Council Member Bohjanen asked if Council Members will be paid an additional fee when they meet as the EDA. Mr. Batty said the resolution gives the EDA authority to set compensation for the EDA members. It also gives authority to purchase or lease property. The resolution give the EDA a broad range of power. Council Member Bohjanen moved to close the public hearing at 10:20 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Bisel explained that he had discussed this matter with Council Members Reinert and Kuether and they are in favor of this resolution. Council Member Bohjanen moved to adopt Resolution No. 33 - 90 as presented by Mr. Batty. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. The first EDA meeting will be June 18, 1990 at 3:00 P.M. Resolution No. 33 - 90 can be found at the end of these minutes. ENGINEER'S REPORT Consideration of a Modified Assessment Policy, Darrell Schneider - Mr. Schneider explained that he had presented a draft copy of the Policy to the Council at the Work Session on Sunrise Meadows about six (6) weeks ago. He recommended approval of the Policy and asked if there were any questions. Mr. Schneider noted that there will be some addendum which will be brought to the Council at a later date. Council Member Bohjanen moved to adopt the Modified Assessment Policy as presented by Mr. Schneider. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. ATTORNEY'S REPORT Mr. Hawkins explained that he did not have a report other than to let the Council know that the attorney for the Lino PAGE 11 1 1 1 1 1 COUNCIL MEETING JUNE 11, 1990 Lakes Community Committee, Inc. will be submitting her first installment on July 14, 1990. OLD BUSINESS Consideration of Increasing Compensation for Design Review Board Members, Ordinance No. 11 - 90 and Park Board Members, Ordinance No. 12 - 90. FIRST READING, Randy Schumacher -Mayor Bisel explained that these two (2) Boards have not had an increase for a number of years and felt this was necessary to get citizens to volunteer for these positions. Council Member Bohjanen moved to approve the first reading of Ordinance No. 11 - 90. Council Member Neal seconded the motion. Mayor Bisel read the Ordinance. On a roll call vote, motion carried unanimously. Council member Neal moved to approve the first reading of Ordinance No. 12 - 90. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Ordinances 11 - 90 and 12 - 90 can be found at the end of these minutes. NEW BUSINESS Warning Siren, Deer Pass Trail - Council Member Neal moved to delay the time limit for Mr. Prokop's response to Mr. Volk's letter until July 1, 1990. Council Member Bohjanen seconded the motion. Council Member Bohjanen said he did not agree with the motion but wanted to move the matter along. On a roll call vote, motion failed with Mayor Bisel and Council Member Bohjanen voting no. Council Member Bohjanen moved to adjourn at 10:32 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on July 9, 1990. lr 1 Y G. Anderson, Harold L. Bisel, Cl rk- Treasurer Mayor PAGE 12 Member Bohlanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY UNDER MINNESOTA STATUTES SECTIONS 469.090 TO 469.108 WHEREAS, Minnesota Statutes Sections 469.090 through 469.108 (the "EDA Act "), authorizes cities to establish an Economic Development Authority ( "EDA ") with specified powers and obligations to promote and to provide incentives for economic development; and WHEREAS, the City Council of the City of Lino Lakes, Minnesota (the "Council ") has determined that it is in the best interest of the City of Lino Lakes, Minnesota (the "City ") to establish an EDA in order to preserve and create jobs, enhance its tax base, encourage development and redevelopment, promote the general welfare of the people of the City and assume primary responsibility for development activities within the City; and WHEREAS, the Council has provided public notice and conducted a public hearing on June 11, 1990, concerning the establishment of an EDA and has fulfilled all other legal requirements for the establishment of an EDA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The Lino Lakes Economic Development Authority is hereby established pursuant to Section 469.091, Subd. 1 of the EDA Act. 2. The EDA shall have all of the powers, rights, duties and obligations conferred on economic development authorities by Sections 469.090 to 469.108, including the powers of a city granted by the City Development District Act, Minnesota Statutes Sections 469.124 through 469.134 and of 1 housing and redevelopment authorities granted by the Housing and Redevelopment Authorities Act, Minnesota Statutes Sections 469.001 through 469.047, or other law. 3. It is the intention of the Council, by adoption of this enabling resolution, to grant to the EDA the powers set forth in paragraph 2, while at the same time leaving unaffected by this action all powers of the City of Lino Lakes. Specifically, the City shall retain all powers necessary to carry out all development activities not hereby transferred to the EDA. 4. The EDA shall have the power of eminent domain as set forth in Section 469.101, Subdivision 4 of the EDA Act and in Chapter 9, Eminent Domain, of the City Charter. 5. The EDA shall be governed by a board of commissioners ( "Commissioners") consisting of the City Council members. The terms of the Commissioners shall coincide with their terms of office as members of the Council in that such term shall expire with the expiration of the Council term being served at the time of their appointment. 6. In accordance with Section 469.100, Subdivision 2 of the EDA Act, the EDA shall submit its budget annually to the Council for approval by the Council. Within thirty (30) days of appointment of the first Board of Commissioners of the EDA pursuant to paragraph 2 hereof, the Commissioners shall submit for Council approval a temporary budget covering the period from the date of such submittal until January 1, 1991. The EDA shall submit for approval of the Council a proposed budget for the following full calendar year and shall do so in accordance with Council directions. In addition, upon submittal of its proposed annual budget to the Council, the EDA shall provide the Council an account of its receipts and expenditures as required by Section 469.100, Subdivision 4 of the EDA Act. 7. The city administrator for the City shall act as the Executive Director of- the EDA and, in such capacity, shall act at the direction of the Com missioners. 8. The City Council or its designees (the "Administration ") may provide such City staff to the EDA as the EDA may require; provided th<.t the Administration may require reasonable reimbursement by the EDA fos costs associated with the provision of such staff; and provided furthe that nothing in this paragraph shall preclude the EDA from hiring such per omel as the EDA may from time -to -time determine. 9. Each year, within sixty (60) days of the anniversary date of tip first adoption of this enabling resolution, the EDA shall submit to the Corr: it its report regarding recommended modifications, if any, of this sling resolution as provided in Section 469.093, Subdivision 3 of the EDA A 10. All financial books, records, accounts and reports of the EDA prepared, presented and retained by the finance department of 2 which department shall have the responsibility for administering the finances of the EDA as it does the finances of the City; provided that the Administration may require reasonable reimbursement by the EDA for costs associated with the provision of such services by the finance department. 11. There is attached hereto as Exhibit "A" a list of municipal development districts created by the Council pursuant to Minnesota Statutes Sections 460.124 through 469.134 and tax increment districts created by the Council pursuant to Minnesota Statutes Sections 469.174 through 469.179, or its predecessors, the _ control, authority and operation of which are hereby transferred to the EDA. The EDA shall accept the transfer of these projects and districts and shall pledge to perform the terms, conditions and covenants of all agreements outstanding with respect thereto. 12. With respect to the projects and districts transferred to the EDA from the City, there is no litigation involving the City, no agreements to which the City is a party nor real or personal property owned by the City. 13. The City shall appropriate and transfer to the EDA such funds as it deems necessary from time to time to ensure that the EDA has adequate funds to carry out its activities. 14. City officials and staff are hereby authorized and directed to execute such deeds, assignments, requisitions, directives and agreements as may be necessary and appropriate to carry out the terms, conditions and intensions of this enabling resolution. 15. The EDA may request the City to levy a tax up to the maximum tax for the benefit of the EDA as specifically set forth in Section 469.107 of the EDA Act. 16. Nothing shall prevent the City from modifying this enabling resolution to impose limits on the powers of the EDA or provide for other matters as authorized in the EDA Act or other law. 17. This resolution shall become effective when the EDA holds its first meeting and accepts the transfers herein described. 18. Notwithstanding any provision herein to the contrary, the authority granted to the EDA pursuant to paragraph 2 above shall not be exercised until the EDA has established an advisory board which shall be comprised of all of the members of the City's Economic Development Commission. 3 1 Adopted by the City Council this 11th day of June , 1990. Harold L. Bisel, Mayor ATTEST: Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Bohjanen and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. LN140 -12 4 1 35 EXHIBIT A List of City Development District Projects and Tax Increment Financing Districts transferred from the City to the Economic Development Authority of Lino Lakes City Development Districts: Development District No. 1 Tax Increment Financing Districts: Tax Increment Financing District No. 1 -1 Tax Increment Financing District No. 1 -2 Tax Increment Financing District No. 1 -3 Tax Increment Financing District No. 1 -4 LN140 -12 5