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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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