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HomeMy WebLinkAbout07/09/1990 Council Minutes (2)1 1 COUNCIL MEETING- JULY 9, 1990 41 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 6:35 P.M. Council Members present: Neal, Kuether, Reinert, Bohjanen. Council Members absent: none. Acting City Attorney, John Burke; Planner, John Miller; Engineer's Dan Boxrud and Darrell Schneider; Administrative Assistant, Dan Tesch and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, June 4, 1990 - Council Member Neal moved to approve these minutes as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. Work Session, June 11, 1990 - Council Member Neal moved to approve these minutes as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. Regular Session, June approve these minutes seconded the motion. Regular Session, June approve these minutes seconded the motion. 149 11, 1990 - Council Member Neal moved to as presented. Council Member Kuether Motion carried unanimously. 21, 1990 - Council Member Neal moved to as presented. Council Member Kuether Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS June 29, 1990 - The insurance payment to Tim Hillesheim was questioned. It was explained that Mr. Hillesheim divides his work day between the Water Department and the Sewer Department. Therefore, one half of his insurance is billed to each department. Council Member Neal moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. July 9, 1990 - Council Member Bohjanen moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. Centennial Fire Department - Council Member Neal moved to 40 approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. FIRST READING, ORDTN'y'a ay. 01 - 90 CREATING A RURAL BUSINESS RESERvIt (R -BR) DISTRICT Mr. Miller explained that this ordinance is required implement the actions taken by the City Council at a is hearing about a month ago. This is basically a house: ping PAGE 1 COUNCIL MEETING JULY 9, 1990 item. Council Member Bohjanen moved to approve the first reading of Ordinance No. 01 - 90 and dispense with the reading. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Ordinance No. 01 - 90 can be found at the end of these minutes. SECONDED READING, ORDINANCE NO. 13 - 90 AMENDING THE LIQUOR CODE BY DELETING RESIDENCY REQUIREMENTS Mrs. Anderson explained that the current City Code requires that liquor licenses be issued only to residents of the City. She noted that it would be difficult to impose such a requirement on a business such as Holiday Inn. The City Attorney has also recommended that this portion of the City Code be deleted. Council Member Reinert moved to approve the second reading of Ordinance No. 13 - 90 and dispense with the reading. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. ATTORNEY'S REPORT - JOHN BURKE Consideration and Acceptance of Easements from Clyde L. and Arlene M. Rehbein for Drainage and Roadway Purposes - Mr. Burke noted that these easements are required for Second Avenue and the area storm water management plan. Council Member Bohjanen moved to accept the easements. Council Member Reinert seconded the motion. Motion carried unanimously. ENGINEER'S REPORT Consideration of a Proposed Agreement by State of Minnesota for Installation of Sewer and Water Lines to the Correctional Facility and Authorizing Plans and Specifications - Resolution No. 40 - 90 - Mr. Schneider explained that the Correctional Facility improvement is part of the West Central Trunk Improvement and a report was prepared for the Council dated December, 1988 for this improvement. The State Legislature has now appropriated the money needed for the connection and the State of Minnesota has proposed an agreement using the costs outlined in the 1988 report. Mr. Schneider noted that the Agreement was sent to Mr. Hawkins for his review. He asked that the Council order the plans and specifications this evening and then accept the Agreement at the next Council meeting after Mr. Hawkins has presented his review. An updated report will also be available that evening. Council Member Bohjanen moved to authorize Mr. Schneider to update the report and to order plans and specifications and have this information for the next Council meeting. Council PAGE 2 1 1 COUNCIL MEETING JULY 9, 1990 Member Kuether seconded the motion. Council Member Neal asked how soon will the Correctional Facility be connected to the sewer and water lines. Mr. Schneider said possibly by September, 1990. On a roll call vote, motion carried unanimously. Resolution No. 40 - 90 can be found at the end of these minutes. PLANNER'S REPORT Set Public Hearing for Vacation of Easements, Reshanau Park Estates for August 13, 1990, 7:00 P.M., Resolution No. 37 -90 No. 37 -90 - Council Member Bohjanen moved to approve this resolution. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 37 - 90 can be found at the end of these minutes. NEW BUSINESS Consideration of Cable Commission Preliminary 1991 Budget - Mr. Tesch presented the 1991 Budget and noted that it is basically the same as the 1990 Budget. There are some added programs and Mr. Tesch outlined the programs. Mr. Tesch noted that the franchise fee for 1990 is approximately $8,000.00. This matter is for review and comment only. Council Member Bohjanen moved to accept the 1991 Cable Commission Budget as presented. Council Member Neal seconded the motion. Motion carried unanimously. Request for Two (2) Day Dance License, 49 Club - Mrs. Anderson explained that the dances will be held in conjunction with a pig roast and a barbecue in the parking lot of the 49 Club. Uniformed Police Officers will be on site during the dances. Council Neal moved to approve the dance license. Council Member Neal seconded the motion. Motion carried unanimously. The f'rnlinr' l t "' t _ recess at 7:00 ? H PUBLIC HEARING, PRELIMINARY PLAT, BIRCH WOODS Mr. Boxrud explained that this public hearing is for t proposed plat of Birch Woods located on the Montain Pr erty, south of Birch Street and between Reshanau Lake Estate ind Shenandoah. He noted that the property is zoned R -1X i.has been reviewed and approved by the Desig.. nevic:: Eoard 'B). There has been a neighborhood meeting at city hall an( e preliminary plat was presented to anyone interested. Boxrud explained that the key factors of this subdivi :;is access and circulation. There will be some double fr. d PAGE 3 -a 1 # r. COUNCIL MEETING JULY 9, 1990 lots along Birch Street and although this is not a good situation it is a good compromise. There are proposed street connections to Reshanau Lake Estates and Shenandoah. The proposed street connection with Reshanau Lake Estates will be designed so that there should be no traffic going from Reshanau Lake Estates through Colonial Woods. One cul -de -sac in Birch Woods will exceed the maximum length of 500 feet. Drainage will be addressed before the final plat is brought to the Council for approval. Development of this plat will complete the drainage pattern for this entire area. The grading plan includes changing some wetlands to satisfy the Army Corps of Engineers. A permit will be required from them as well as the DNR. A trunk water main is located along Birch Street and will serve the subdivision. Sanitary sewer is a concern. Currently TKDA is preparing a report for a gravity sewer trunk line that will begin at Birch Street and go south through this subdivision and eventually end at the Laurene Street lift station. Although the developer will be required to build the gravity line through his property, he will be pumping the sewage back to the Birch Street force main until the gravity line is completed. A temporary lift station will be constructed to accomplish this matter. It was noted that this temporary lift station will have to be strong and the City Engineer will have to make sure that it is designed so that there will be no problems for the residents. Park land and cash will be required to meet the park dedication requirements. Trails will also be constructed in accordance with the City trail systems plan. Mr. Boxrud noted that the DRB recommended approval of the preliminary plat subject to the following conditions: a variance being granted for the double facing lots along Birch Street, a variance for the cul -de -sac that is over 500 feet, a grading plan and mitigation plan that will satisfy the City, Rice Creek Watershed District, Army Corps of Engineers, approval of the necessary street connection to the Reshanau Lake Estates South subdivision and the trail system. These matters should also be addressed in the Developers Agreement. The double facing lots were discussed. Mr. Boxrud explained that there will be screening along Birch Street and an extra ten (10) feet has been added to each lot to accommodate the screening. • Mr. Mort Huber was in the audience. He noted that the plat will be developed in phases. Phase I will consist of forty seven (47) lots and there will be a total of one hundred thirty five (135) lots. PAGE 4 1 1 COUNCIL MEETING = JULY 9, 1990 Mayor Bisel opened the public hearing at 7:30 P.M. He explained the procedure for the public hearing. Mort Huber of Acorn Investments commented on the temporary lift station noting that this is a common situation and very necessary. He also said he will be flexible in the matter of constructing the streets to adjoining property. Steve Heiskary, 572 Arrowhead Court said he has a concern with the planned trail along his property. He noted that the area is under water at times and also none of the residents in his area were consulted about the plan for the trail system. They would like the plan under consideration for Birch Woods to be revised and the trails relocated. Mike Pojar, 6255 Red Maple Lane noted that his property adjoins the southeast corner of this plat. His concern is that his property is low at that point and if a street is constructed near the property line it could back up the flow of water into his property and cause flooding. He noted that the planned street is proposed to be ten (10) feet higher than his property elevation. The street would act as a dam in the area. Mr. Pojar reminded the Council that this matter was discussed at the public hearing for the preliminary plat of Reshanau Lake Estates. At that time it was noted that a pipe would be place under the street to allow the water to flow north. Mr. Boxrud said that he did recall the planned culvert and said he would review the drainage plans to be sure it is low enough so water does flow north into the ponding areas in Reshanau Lake Estates South. Mr. Boxrud will notify Mr. Pojar if there are any changes on the grading plans. Mike Klebe, 594 Arrowhead Drive said he was concerned about drainage in his back yard. Mr. Boxrud said that the drainage plan is currently before the Rice Creek Watershed District. He noted that it is planned to drain this area to a culvert and it will trickle away from that point. Mr. Huber said that he will correct problems for adjoining neighbors at Mr. Huber's expense providing that it is within reason. He said he wanted to be a good neighbor. and would cooperate with the City fully. Mr: Huber was reminded to be sure to contact the neighbors before any work was started on their property. There were no further comments from the audience. Mr. Reinert expressed concern because the drainage from this subdivision appears to be going into the Reshanau Lake Estates ponding and then to Reshanau Lake. He asked if 'hose ponds could handle the additional flow. Mr. Boxrud exp ined that the outflow will be controlled so that the water u 1 not leave the proposed subdivision any faster than what t leaves now. The drainage pattern will not be changed. Council Member Reinert asked if there would be additio? PAGE 5 53 COUNCIL MEETING JULY 9, 1990 pollution going into the Reshanau Lake Estates ponds from the Birch Wood plat. He noted that the holding ponds were designed to filter the pollutants from the Reshanau Lake Estates subdivision and asked if Mr. Uhde was aware that his ponds would be filtering additional pollutants. Council Member Reinert asked if the Mr. Uhde's ponds were designed to handle overflow. Mr. Boxrud said this would be monitored. Council Member Reinert moved to close the public hearing at 8:47 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal questioned Item No. 2 regarding the required variance for the cul -de -sac that will be longer than 500 feet and asked if the Fire Department has approved the cul -de -sac. Mr. Boxrud explained the reason for the extra length and noted the only alternative would be to place a street through wetlands. He noted that such a street would probably not get DNR approval. Council Member Reinert asked if Mr. Volk had a problem with the length of the cul -de -sac. Mr. Boxrud noted that snow removal is more difficult in these areas and he also noted that Mr. Volk has already reviewed the preliminary plat. The Design Review Board had discussed the cul -de -sac at length and felt it was worth while. Council Member Reinert asked if fill would be required for the cul -de -sac. Mr. Boxrud said fill would be required for the lots along the cul -de -sac. A peninsula would be recreated and water would flow around the area. Mr. Huber noted that a cul -de -sac is very attractive to home buyers. Mr. Miller explained that he was not concerned about the length of the cul -de -sac and noted that the length restrictions vary from city to city. The cul -de -sac would not create a hazard to health or welfare of the public. Council Member Bohjanen asked if a compromise could be reached and the cul -de -sac shortened somewhat. There was discussion regarding how many lots would be lost if the cul- de -sac was shortened 85 feet to 90 feet. Council Member Reinert noted that this is the preliminary plat and it does fit into the discussion held earlier at the work session. Council Member Reinert moved to approve the preliminary plat with the conditions as proposed by the Design Review Board and to include the stipulations that the access road to the Uhde property in terms of drainage from the Pojar property to the south be resolved by the City Engineer, that the west property line of the plat have proper grading for drainage purposes and the City Engineer is to work with the developer regarding the concern about the length of the cul -de -sac. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. PAGE 6 1 1 1 COUNCIL MEETING JULY 9, 1990 PUBLIC HEARING, CONDITIONAL USE PERMIT, ROCK GARDENS - BRIAN SODERMAN Mr. Miller explained that the Mr. and Mrs. Soderman have purchased the Roland Ford property and plan to start a lawn and landscaping business. Mr. Soderman will be selling landscape timber, decorative rock, boulders and other landscaping materials. A Conditional Use Permit is required for outdoor storage of the landscaping materials. The Design Review Board has reviewed the request and has recommended approval with about fifteen (15) different stipulations to the permit. Council Member Kuether noted that she had looked at the property today and is amazed at the improvement. Council Member Bohjanen also viewed the property and said there was a 1000% improvement. Mayor Bisel opened the public hearing at 8:10 P.M. Mr. Soderman told the Council that he had a problem with the length of time he is able to display a "reader board" sign. Mr. Miller explained that the length of time for display could be lengthened. There were no comments from the audience. Council Member Bohjanen moved to close the public hearing at 8:17 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to approve DRB application loo. 90 - 22. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. PUBLIC HEARING, CONDITIONAL USE PERMIT, EXPANDED DAY CARE FACILITY, SHARON GAGE Mr. Miller explained that Mr. and Mrs. Gage own a residence in the Lino Air Park and operate a day care facility for twelve (12) children. They are requesting a Conditional Use Permit to allow them to provide care for fourteen (14) children. The applicant has met all applicable State and County regulations and the DRB has recommend approval of the request with three stipulations. Mayor Bisel opened the public hearing at 8:25 P.M. Craig Crofz, 547 - 98th Street, N.E., that he recently purchased 367 Thomas the Gage property. He is building a new he e o Mr. Crofz gave the Council ricte es of the area. Mr. ofz exp' aincu that his abstract requires that the property used for residential and aviation purposes and businew. -perations are not allowed. Mr. Gage noted that his i . is derived from the day care facility in his home. TAT: business is allowed by state law. Mr. Crofz noted they 1 5 5 Blaine told the ( until Street to the ear of PAGE 7 ne 156 COUNCIL MEETING JULY 9, 1990 play equipment is located very close to the property line and explained that Mr. Gage has refused to move the equipment to a safer location. Mr. Crofz also expressed concern because he felt the children may come onto his property when equipment is there and be injured. He explained that there will be increased traffic in the area as it builds and also noted that there appeared to be no supervision of the children. No attempt has been made to secure the Gage property for the protection of the children. Mary Conroy, 351 Thomas Street said she was totally against the expansion of the day care facility. She said she felt the Gage's did not take care of the children and they were noisy. The reason she had moved to this area was for the peace and quiet. Mr. Crofz referred to the play house in the pictures. He noted that his abstract clearly states that no other types of out buildings can be constructed on the property and asked the Council to have the building removed. He also noted that the building was very close to the property line. Connie Grundhofer said she thought that by state law a day care facility is limited to ten (10) children. Mr. Miller explained that the limit is twelve (12) children. Mr. Miller explained that state law would allow the Council to impose some restriction such as fences. Mr. Burke explained that if the out building meets set back requirements, the Council would be unable to require the building to be removed. The abstract conditions are not within the Council jurisdiction. Landowners would have to bring private action against the Gages to have the building removed. Mayor Bisel noted that most of the regulations on day care facilities are state mandated. The City does not have a lot of latitude in the matter. Mr. Miller explained why the State of Minnesota controls the regulation of day care facilities. Jim Gage, 359 Thomas Street explained why the request was made to enlarge the day care facility. He noted that his wife has a degree in early childhood development and both he and his wife work full time with this day care. He noted that his new neighbor is unhappy because a swing set was on his property. Mr. Gage said he has been using this area for thirteen (13) years and thought it was his property. He said he would °Tence the yard if the Council so desired. He explained that the children are trained to stay in the front yard and he makes them sit down when parents arrive to pick them up. Mr. Gage noted that the playhouse was purchased for $100.00 from a resident of Sherwood Green and moved to his yard. He also noted that one of his neighbors repairs cars PAGE 8 1 1 1 COUNCIL MEETING JULY 9, 1990 and there are buses and storage sheds in his area. He said if the play equipment offends his neighbors, it will be moved. He explained that he and his new neighbor do not get along and probably never will. Mr. Gage said the children would be interested in the equipment next door but will be supervised. Council Member the children. Choice and are and Provider's Neal asked where the Gages get the meals for Mr. Gage said the meals come from Provider's prepared in his kitchen. Both Anoka County Choice have inspected his home. James Conroy, 351 Thomas Street said if he had children he would not take them to the Gage residence for day care. He asked if his taxes would be lower because the day care facility was located next to his home. He asked the Council to open their eyes and look at the facility. Mr. Crofz recommended that the Council table action on the request and asked the Council to come and view the location. He said the grass was tall, a car was abandoned and asked the Council to see how kids are cared for. Council Member Bohjanen moved to close the public hearing at 8:52 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Reinert asked for clarification. Mr. Burke explained that all child care issues go to the County who issues and regulates licenses. If the Council took no action whatsoever on the issue, the Gage's would still be allowed to operate a day care facility with twelve (12) children. Mr. Gage said he thought the entire issue was being blown out of proportion and he is only asking to be allowed to care for two (2) additional children. Mayor Bisel said we are a community and must come to a meeting of the minds. He noted it is not pleasant when neighbors bicker. Council Member Reinert moved to table this matter until a report can be obtained from the County licensing authority and then have the City Planner report to the Council wh n the report is received. Council Member Neal seconded the notion. On a roll call vote, motion carried unanimously. Mr. Crofz asked that the neighbors next to the Gage's -1 notified when the report is received from the County. Crofz was told that the neighbors should check with th. County Agency themselves. A copy of the ID1 ner_c_.ren will hIL ay.Ailabl. _ t= ail interested - parties. - - CONSIDERATION OF A CONDITIONAL USE PERMIT AND A VARIAI <' UNITED POWER ASSOCIATION TO CONSTRUCT AN ELECTRICAL TRANSMISSION LINE ADJACENT TO ASH STREET (COUNTY ROAD PAGE 9 FOR 3 COUNCIL MEETING JULY 9, 1990 Mr. Miller gave the background to this item. He explained that the Anoka Electric Cooperative, the UPA, the City Staff and local landowners have been in mediation since April, 1990 in an attempt to resolve the power line issue along Ash Street. An agreement has been reached that will meet the concerns of all involved. The agreement is as follows: 1. UPA /AEC - Can build transmission lines on present easement. This entity will not be responsible for relocation costs at the time the lines must be removed. 2. Landowners will receive a reduction in the present easement width from fifty (50) feet to thirty five (35) feet. They will have the right to plant trees and bushes under the present power line. The landowners have the knowledge that when Ash Street is widened by Anoka County, the line will be removed from their land. 3. The City will realize a cleanup of poles and guy wires at the Ash Street, I35E intersection. Removal of the power line when Ash Street is widened will permit executive home development. There will also be freedom from future tax payer costs when the power line is moved. Mr. Miller said this has been time well spent and proves that every one can be a winner in mediation. Council Member Neal moved to approve the Planners recommendation to approve the Conditional Use Permit for UPA to modify the existing transmission line adjacent to Ash Street. Council Member Bohjanen seconded the motion. Council Member Reinert asked who would pay the future moving costs of the transmission lines. Mr. Miller explained that the Anoka County Highway Department would be responsible. On a roll call vote, motion carried unanimously. Council Member Reinert moved to approve a variance permitting the UPA /AEC to erect a transmission line with power poles at a maximum of fifty eight (58) feet in height. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Mayor Bisel thanked everyone for all the time spent on this matter. He noted that UPA has shown that they can work together with a community. It does not look anymore like big brother trying to stick it to the community. Mayor Bisel said he thought it was a fair solution. • ENGINEER'S REPORT Recap of Council Work Session - Mr. Boxrud referred to the general discussion held during the work session. It was noted that about 200 to 300 more connections are need to make PAGE 10 1 1 r 159 COUNCIL MEETING JULY 9, 1990 the payments on the 1987 Temporary Bonds. The question asked by the Council is should approval be given to the Brandywood Estates and Pheasant Hills preliminary plats if these two (2) plats would take connections away from the west side of the City where connections are needed to fund the 1987 Temporary Improvement Bonds._ It was suggested that there be a short delay in approving the two (2) new subdivision until the staff could present a better view of where this bond issue is going. The two (2) new subdivisions could get approval in the spring of 1991. Mr. David MacGillivrary was in the audience and explained that two (2) major trunk facilities have been constructed in the past three (3) years. Because of the Charter requirements, the funding of the bonds must come 100% from assessments or connection charges. There is a three (3) year temporary bond falling due on September 1, 1990. Although the fund balance is substantial, another $775,000.00 will be needed to complete payment on the bond. The questions is where will this money come from. It was anticipated it would come from additional connections, however these connections have not yet materialized. The 1989 West Central Trunk Bond issue is similar to the 1987 Temporary Bonds. Both situations requires that the City realize 200 to 300 new connections per year for the next three years. Would the City be wise in limiting where these connections are to occur? Would Brandywood Estates and Pheasant Hills take some of those connections from the west areas where connections are needed to fund the temporary bonds? Mayor Bisel said it is critical that the Council look at the Laurene Avenue gravity trunk line. It appears that getting that trunk line to Ware Road is most important so that the City will realize those connections. It was noted that the sewer lines to Pheasant Hills will be directed to the Centerville lift station. It was asked if the Brandywood Estates sewer line could be directed to Centerville as well. This does not solve the problem of extending the water line from Black Duck Drive and who would pay for this line. Also, the question of whether or not these two (2) subdivision would be taking some of the connections from the west side was not answered. The Council discussed whether they should take care of *_he issues on the west side and address the two (2) subdivi ion in three (3) to six (6) months. It was noted that the Pheasant Hills subdivision was unique and probably wou not take any of the connections needed on the west side. was also noted that Brandywood Estates is proposed for upp level housing and it appears that there is a market fc hese homes at this time. Mr. MacGillivrary told the Counci hat they already have an obligation on the west side of tf ity and must provide incentives to get in fill so that the PAGE 11 COUNCIL MEETING JULY 9, 1990 connections can be realized to pay for the temporary bonds. If necessary, restricting the supply of lots to the west side could be part of the answer to the problem. Mr. MacGillivrary said he was concerned about the credit rating but did not feel it would slip any farther. Mr. Boxrud said he has looked at a possible construction schedule for Pheasant Hills and Brandywood Estates. It appears that if the projects were approved at this time, sewer and water utilities could be completed this fall as well as rough grading of the streets. He did not feel that curbs, gutters or the first lift of bituminous could be completed until spring. There was further discussion regarding use of the Centerville lift station. Mayor Bisel asked Mr. Schneider where the Laurene Avenue lift station upgrade was at this point. Mr. Schneider explained that it is in the process at Metropolitan Waste Control and it is expected'to be operational by 1993. There was further discussion regarding how to fund the trunk gravity line from Laurene Avenue to Ware Road. Mr. Schneider said he is still pursuing obtaining financial participation from Metro. If participation is not obtained from Metro, the trunk line will not run as deep as planned. However, one (1) objective was to get rid of two (2) Metro lift stations. This can only be done if the line is deep and if Metro participates in the financing. Mayor Bisel asked about the inventory of present buildable lots. Mr. Miller said he did not have an inventory but could get one. Council Member Reinert said the bottom line is that the City must have certain solvency. Mayor Bisel said he was disappointed in the news from the bond consultant. He would like to know the cost of the gravity line and how many connections would be needed to capture the cost of the line and where these connections would be located. There was discussion as to when this information would be available. Mayor Bisel suggested that the City go ahead with the bonding for the 1987 temporary bonds and for the Montain property. If the information is favorable, the City could bond for Pheasant Hills and Brandywood Estates ninety (90) days after the bond mentioned above. Mr. Ed Vaughan, developer of Pheasant Hills was in the audience and asked since the City cannot do anything on the west side until 1993 because of the limitation in the Laurene Avenue lift station, why not bond for his subdivision at this time. Mayor Bisel explained it is necessary that the City continue developing in that area to get the connection fees to pay the bonds that have already been issued. He noted that the gravity line that is to be constructed across the Montain property can be pumped into the force main until 1993. Also the Laurene Avenue lift station can be upgraded PAGE 12 1 1 1 COUNCIL MEETING JULY 9, 1990 slightly at this time. Mayor Bisel also noted that the City has a bond issue already in place for the trunk water main. This bond can only be paid by connections in the west side of the City. Council Member Reinert said that the development of the west side is critical so that these two bond issues can be paid. He asked for a delay in approving the Brandywood Estates and Pheasant Hilis subdivision until the City can be sure it is fiscally responsible on the west side. Jeff Shopek engineer with Merila and Associates told the Council that Mr. Vaughan would not like to see any further delay for Pheasant Hills. He noted that this plat was submitted last October and he was told that the plat is in MUSA, service was available and to keep going forward with the platting process. He asked why this matter was not brought up before Mr. Vaughan had spent such a large amount of money in planning and engineering. Mayor Bisel explained that the City already has obligations and although the Council does not wish to delay his development, the City must be fiscally responsible. Council Member Reinert told the developers of Pheasant Hills and Brandywood Estates that as everyone knows the building industry is not hot. He noted that the Council is not here to put them down and asked that everyone work together on this matter. Mr. Shopek reminded the Council of the Developers meeting earlier this spring. All the developers were encouraged to move along. Why were these issues not resolved before the developers were encouraged. Mr. Shopek said that if the plat is not approved tonight, he would not be sure that there will be a project at all. Mr. Shopek noted that there is a $394,000.00 shortfall on the Brandywood Estates and Pheasant Hills development. He asked if something could be arranged to cover this shortfall, could the development proceed. Mayor Bisel said that he did not want to get into that matter at this time. He wanted to get specific information from the staff before any decision was made. Council Member Bohjanen said that he felt unless the figures determined by staff were sufficient, he would only look at development on the west side of Lino Lakes. Mr. Johnston of Merila and Associates asked if Pheasant Hills and Brandywood Estates could come up with future connections to guarantee all costs, would this be enough to issue long term bonds. Mr. MacGillivrary said yes the bond issue would be } - », '( n& a-- ,,,ssment. He noted he still is concern( d that what is already in the ground and bonded for is so vent. Mr. Boxrud told -the Council that another advantage of ting 13, 1990 to made a Bran wood Estates and Pheasant Hills is MWCC will have comp: ad the report on L:... Lauiciie Avenue lift station. Mayor Bisel asked that approval of the three (3) subdi ions (PineRidge, Brandywood Estates, Pheasant Hilis) be del i PAGE 13 COUNCIL MEETING JULY 9, 1990 until the City Engineer and the Fiscal Agent can bring up to date figures to the Council and the report from MWCC is received. He asked that all of this information be available by August 1, 1990 so that the Council could have time to study it. Mayor Bisel also asked that Mr. Vaughan and Mr. Erickson present the information regarding 100% assessment for Brandywood Estates and Pheasant Hills to the City Staff by August 1, 1990. Mr. Miller was asked to prepare a count of current vacant lots. Mr. Shopek asked if Pheasant Hills is approved at the August 13, 1990 Council meeting, would there be any chance that construction could be started yet this year. Mr. Boxrud indicated that the utility construction could be completed, however the street construction would have to be completed in the spring. Receiving a Report and Calling Public Hearing on Improvement, PineRidge, Resolution No. 25 - 90 - Mr. Boxrud explained that Mr. Carlson will be appearing before the Design Review Board on Wednesday requesting a number of variances to lot sizes. Mr. Boxrud noted that this development is needed as in fill to help fund the two (2) bond issues on the west side of the City. Council Member Bohjanen moved to approve Resolution No. 25 - 90. Council member Kuether seconded the motion. Motion carried unanimously. Resolution No. 25 - 90 can be found at the end of these minutes. PLANNER'S REPORT (CONTINUED) Minor Subdivision, Darla Lowell - Mr. Boxrud explained that a minor subdivision request has been received from the Lowell's. The subdivision consists of four (4) two and one - half (2 1 /2) acre lots located on the south side of a road easement in Section 25. Mr. Boxrud noted that the lot dimensions include the road easement. He explained that although this is currently zoned Rural Expansion Residential, it is planned for Rural zoninc and ten (10) acre lots. Mr. Boxrud said that a Comprehensive Land Use Plan Amendment should also be adopted changing the designation of this area. The Design Review Board has recommended approval of the subdivision subject to six conditions. Mr. Boxrud noted that although the subdivision could now be approved by the Council, building permits would not be issued on the westerly three (3) lots because they do not front on an approved street. The Lowell's could install the street to City specifications or ask that the City install the street and accept the assessments. Darla Lowell was in the audience and said that they have petitioned to have the City install the street. She noted PAGE 14 X63 COUNCIL MEETING JULY 9, 1990 that there will be one (1) other benefitting property owner. Although this property owner does want to subdivide his property in the future, he does not want to accept assessments at this time. Council Member Reinert moved to approve the minor subdivision for Mark and Darla Lowell, Design Review Board application No. 90 -09 and to include the stipulations of the Design Review Board. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Mr. Boxrud said the he would be asking for a feasibility report on this matter at the July 23, 1990 Council meeting. CONSIDERATION OF AUTHORIZING THE SALE OF TEMPORARY IMPROVEMENT BONDS, SERIES 1990B $1,015,000.00 Mr. MacGillivrary asked for authorization to proceed with the bond sale of the 1990B Series Temporary Improvement Bonds. These bonds are needed for refinancing the 1987 Temporary Improvement Bonds and to finance the balance of the Second Avenue Improvement. The total of this bond sale would be $1,015,000.00. Council Member Reinert moved to authorize the sale of these bonds. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Mr. McGillivrary said there would be one sale but two (2) different issues. One issue will be in the amount of $1,115,000.00 for the financing of the new fire station. This bond sale was authorized by the Economic Development Authority. The second issue will be for the refinancing of the 1987 Temporary Improvement Bond and the financing of the Second Avenue Improvement in the amount of $1,015,000.00. Resolution No. 49 - 90 can be found at the end of these minutes. OLD BUSINESS There was no old business. .NEW BUSINESS Alan Stromen, 6177 Holly Drive appeared before the Cour .1 to tell them of the doppler radar ball that has been insta:: ed on the WCCQ__property. He said it is very large and unsightly. Mr. Stromen said he was not notified of the impending installation and asked why WCCO was allowed install this radar without notifying the adjoining pro 4 owners. Mr. Miller explained that WCCO represc. .:.aLivcs iidu cal _A PAGE 15 i 64 COUNCIL MEETING JULY 9, 1990 and asked to install this device. He had no idea how large it would be but since the relationship with WCCO had been very cooperative in the past he gave a verbal consent for the installation. Mr. Miller said he feels that WCCO misrepresented the size of the ball and it should be taken down. Mr. Miller gave the Council a brief background regarding the WCCO installation off of Holly Drive and noted that a good working relationship had been established with them in the past. Council Member Reinert said that the City does have a procedure for these matters and the procedure should be followed. Mr. Miller said that he would contact WCCO and start the permit process. Council Member Bohjanen moved to adjourn at 11:00 P.M. Council Member'Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on August 13, 1990. Ma il4 G.' Anderson, Harold L. Bisel, Clerk- Treasurer Mayor PAGE 16 1 1 165 Council Member Reinert introduced the following ordinance nd moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 01 - 90 AN ORDINANCE AMENDING ORDINANCE NO. 2 AND THE ZONING MAP OF THE CITY OF LINO LAKES, MINNESOTA BY CREATING THE RURAL BLSINESS RESERVE ;R- -BR) DISTRICT I. The City Council of the city of Lino lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota passed by the City Council on May 24, 1983 is hereby amended by adding Section 6, Subd. 20: (R -BR) Rural - Business Reserve District. Purpose. This district is intended to preserve a rural, very low- density environment until such time as the land is needed for commercial and industrial uses. Residents of this district can expect to fully use the land for farming, grazing, animal husbandry, propagation of nursery stock, gardening, and other traditional rural_ uses. In addition, the district is meant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular subdivision of land for residential purposes as well as commercial and industrial uses without access t- suitle infrastructure is not to be permitted This district is also meant to serve the followin functions:- (A) -To control and limit urban sprawl. (B) To conserve land in a viable economic =, atus until such time as the need is present r rezoning to a business use district. (C) To reduces -the possibility of rural -urt: conflict in both the use of land and i he extension of utilities and other infrastructure items. Page 1 X66 D) To maintain acceptable per- -- capita costs for city services such as snow-plowing, road maintenance, and fire and police protection. A7.) To define a -trigger-mechanism" that will establish a formula for the rezoning of Rural- - Business Reserve land to a business use as needed. (2) Lot and Yard Requirements. A) Minimum lot size: 10 acres (B) Minimum lot width: 330 feet (C) Setbacks: Front yard: 30 feet Pear yard: 30 feet Side yard interior: 10 feet Side yard corner: :30 feet Floor Area Requirements. The minimum outside dimension, floor area for single- family dwellings shall be as follows. Rambler (3 bedroom; Rambler (2 bedroom; 1 1/2 Story Split Foyer (foyer, stairs 2 Story 1050 :square feet 980 square feet 980 square feet 980 square feet 850 square feet Height Regulations. No building shall be erected or structurally altered to exceed thirty (30) feet. These regulations shall not apply to barns, silos, or other farm buildings. Permitted Uses. In the Rural -- Business Reserve District, no building or land shall be used or divided and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses. Also, no person shall change the use of any land or occupy or utilize a newly constructed or altered building except a single - family dwelling and its accessory buildings or farm structure without first having obtained a Certificate of Occupancy and satisfied the requirements of Section 5, Subdivisions 4 and G. (A) Single- family detached dwellings. (B) Agriculture, gardening and sod farming. Page 2 167 (C) Temporary stands for the sale of agricultural products produced on the premises (see Section 4, Subd. 5. (13) . D; Stock raising, dairying, and stables in accordance with Lino Lakes Ordinance No. 82, Hobby Farms. (E) Commercial greenhouses and nurseries. (F) Home occupations as provided in Section 4 Subd. 4. (6) Conditional Uses. The following are conditional uses in the "R -BR" District (require a Conditional Use Permit based upon the procedures set forth in a regulated by Section 5 Subd. 4. Conditional Use Permits) and Certificate of Occupancy as provided by Section 5, Subd. 6. (A) Commercial riding stables (B) Feedlots (C) Public buildings D Commercial horse breeding and operation (F. Commercial boarding stables (F) Livery stables G Horse arena (7) Accessory Buildings (see Section 4, Subd. 6. Accessory Buildings). (8) Rezoning (Trigger Mechanism). Land in the Rural - Business Reserve district shall be rezoned by the city upon demonstration that the adjacent business zone located at County Road 14 and I -35E has developed fifty 50: per cent of its buildable area. Rezoned land shall be adjacent to the existing business district and shall extend from south to north in quarter -mile incremt:nts. From that point on rezonings shall be initiated wenever the corridor has an inventory of buildable land o' no more than 200 acres. 49) Impact on adjoining property. To protect the rur nature of the Rural- Business Reserve district, nf_ activity in the adjacent business zoning district result in the following: �a l 1 1. Loud, boisterous, and disturbing noise els. 2. Hazardous traffic conditions. Page 3 3. Offensive, obnoxious, and disturbing odors. 4. Excessive litter. 5. Excessive artificial lighting. 6. Substantial decrease in adjoining property values. 7. Any other condition inconsistent with the reasonable use and enjoyment of adjoining property and inconsistent with the health, safety, morals, and general welfare of the adjoining community. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this 23rd 1990. j r Marilyn Anderson, Clerk-Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen. day of July Harold L. Bisel, Mayor The following voted against same: None. Whereupon the resolution was declared duly passed and adopted. Page 4 1 1 T 6 9 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 40 - 90 RESOLUTION ORDER PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS: a certain petition requesting the improvement of installation of sanitary sewer and municipal water lateral lines into the Minnesota Correctional Facility from the intersection of Industrial Boulevard and 4th Avenue, was duly presented to the Council, and WHEREAS: pursuant to a resolution of the Council adopted April 11, 1988, . a report has been prepared by TKDA with reference to the improvement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The council finds and determines that said petition was signed by all owners of real property named as the location of the improvement. 2. Such improvement is hereby ordered as proposed. 3. Darrell Schneider, of TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 9th day of July, 1990. Harold L. Bisel, Mayor aA, Mari y G. Anderson, C er - 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, Bohjanen. The following voted against the same: None Where upon the resolution was declared duly passed an adopted. 170 Council Member Bohjanen and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 37 - 90 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF CERTAIN EASEMENTS IN RESHANAU PARK ESTATES WHEREAS: it has been determined that certain easements for utility purposes and for street purposes as described in the attached Exhibit "A" are no longer needed in Reshanau Park Estates, and WHEREAS: the City will be receiving an easement for access and utility purposes in the exact same area and as described in the attached Exhibit "B ", NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, August 13, 1990 at 7:00 P.M. to consider vacating the former utility and street easements as described the attached Exhibit "A ". Adopted by the City Council this 9th day of July, 1990. Mar "‘zAd4 Harold L. Bisel, Mayor Anderson, Cler -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. EXHIBIT "A" PROPOSED ROAD VACATION DESCRIPTION: That part of Black Duck Drive as dedicated on the plat of RESHANAU Asota ESTATES, according to the plat of record thereof, Anoka County, Minn lying northwesterly of a line described as follows: Commencing at the most easterly corner of Outlot D, said RESHANAU PARK ESTATES, said corner also being the most northerly corner of Lot 8, Block -2,- said RESHANAU PARR ESTATES; thence North 46 degrees 37 minutes 59 seconds West, assumed bearing, along the southwesterly line of said Black Duck Drive, a distance of 163.44 feet; thence northwesterly, continuing along said southwesterly line, along a tangential curve concave to the northeast having a central angle of 28 decrees 43 minutes 33 seconds and a radius of 635.31 feet, for a distance of 318.52 feet; thence North 17 degrees 54 minutes 26 seconds west, continuing along said southwesterly line, tangent to said curve, a distance of 66.04 feet to the actual print of beginning; thence North 72 degrees 05 minutes 34 seconds East, a distance of 60.00 feet to the northeasterly line of said Black Duck Drive and said line there terminating. PROPOSED DRAINAGE AND UTILITY EASEMENT VACATION: The 10.00 foot wire drainage and utility easements adjacent to Black Duck- Drive as dedicated on the plat of RESHANAU PARK ESTATES, according to the plat of record thereof, Anoka County, Minnesota, encompassed within Outlot A, Outlot B, Outlot C, and Outlot D, said RESHANAU PARK ESTATES. 172 EXHIBIT "B" June 1, 1990` \i� PROPOSED ACCESS EASEMENT: That part of Black Duck Drive as dedicated on the plat of RESHANAU PARK Minnesota, ESTATES, according to the plat of record thereof, Anoka County, lying northwesterly of a line described as follows: Commencing at the most easterly corner of Outlot D, said RESHANAU PARK ESTATES, said corner also being the most northerly corner of Lot 8, Block 2, said RESHANAU PARK ESTATES; thence North 46 degrees 37 minutes 59 seconds - West, assumed bearing, along the southwesterly line of said Black Duck Drive, a distance of 163.44 feet; thence northwesterly, continuing along said southwesterly line, along a tangential curve concave to the northeast having a central angle of 28 degrees 43 minutes 33 seconds and a radius of 635.31 feet, fcr a distance of 318.52 feet; thence North 17 degrees 54 minutes 26 seconds west, continuing along said southwesterly line, tangent to said curve, a distance of 66.04 feet to the actual point of beginning; thence North 72 degrees 05 minutes 34 seconds East, a distance of 60.00 feet the northeasterly line of said Black Duck Drive and said n there 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 25 - 90 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - PINERIDGE WHEREAS: pursuant to a resolution of the council adopted March 26, 1990, a report has been prepared by the City Engineer with reference to the improvement of PineRidge. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of PineRidge in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $ 612,841.52. 2. A public hearing shall be held on such proposed improvement on the 13th day of August, 1990 in the council chambers of the city hall at 7:15 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by the City Charter and by law. Adopted by the Council this 9th day of July, 1990. ;`�bnyn G The motion for the adoption of the foregoing resolutic was duly seconded by Council Member Kuether and upon to being taken thereo.., the following voted in fa of f: Neal Kuether, Bisel, Reinert, Bohjanen The following voted against t same: None upon said resolution was declared duly passed. adopted. Harold L. Bisel, Mayor Ari erson, Clerk-Treasurer 7 3 1.74 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, July 9, 1990, commencing at 7:00 P.M. The following members of the Council were present: Neal, Kuether, Bisel, Reinert, Bohjanen and the following were absent: None * ** * ** * ** The following written resolution was presented by Member Reinert who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 49 - 90 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,015,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990B BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act): (a) 1 175 Project Designation & Cost: Refinance $1,650,000 General Obligation Temporary Bonds, Series 1987A Construction of Second Avenue Improvement Project Capitalized Interest Costs of Issuance Subtotal $1,005,865 Discount 9,135 TOTAL $1,015,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,015,000 General Obligation Temporary Improvement Bonds, Series 1990B (Bonds) pursuant to the Act to provide temporary financing for the Improvements. 2. To provide temporary financing for the Improvements, the City will therefore issue and sell Bonds in the amount of $1,005,865. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $9,135. The excess of the purchase price of the Bonds over the sum of $1,005,865 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accor- dance with the terms of the following Official Terms of Offering: 17 OFFICIAL TERMS OF OFFERING $1,015,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 19908 Sealed bids for the Bonds will be received by the City Administrator or his designee on Monday, August 13, 1990, until 1:00 P.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M.; Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated August 1, 1990, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1991. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature August 1, 1993. OPTIONAL REDEMPTION The City may elect on August 1, 1992, and on any day thereafter to prepay Bonds due on August 1, 1993. Redemption may be in whole or in part and if in part by lot as selected by the registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefitted property. The proceeds will be used to refinance at maturity all of the outstanding bonds of the $1,650,000 General Obligation Bond Temporary Improvement Bonds, Series 1987A, dated September 1, 1987 and finance other local improvements within the City. TYPE OF BID Bids shall be for not less than $1,005,865 and accrued interest on the total principal amount of the Bonds, and shall be accompanied by a certified or cashier's check in the amount of $10,150, payable to the order of the City. No bid will be considered for which said check has not been received. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn after the time set for receiving bids unless the meeting of the City scheduled for award of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Bidders shall specify a single rate of interest. Rates 1 1 177 shall be in integral multiples of 5/100 or 1/8 of 1%. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional bid will be accepted. AWARD The Bonds will be awarded to the bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (1) waive non - substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be pi Bonds, but neither the failure to print such numbers on any Bond nor any error thereto will constitute cause for failure or refusal by the purchaser to accept Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identifica- shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered with purchaser at a place mutually satisfactory to the City and the purchaser. C, subject to receipt by the purchaser of an approving legal opinion of Holt. Chartered of Minneapolis, Minnesota, which opinion will be ;:tinted on the 1 customary closing papers, including a certificate. On the date ....we in federal, or equivalent, funds which shat= the offices of the City or its designee not later than 12:00 Noon, Central Tit compliance with the terms of payment for the Bonds shall have been made action of the City, or its agents, the purchaser shall be liable to the City for any the City by reasons of the purchaser's non - compliance with said terms for paym( ' ited on the pith respect :very of the )n numbers cost to the grit will be Graven, s, and of jettlement xeived at accept as )ssible by Ifered by OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement as required by Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement and the Official Bid Form or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 40 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 9, 1990 BY ORDER OF THE CITY COUNCIL /s/ Marilyn G. Anderson Clerk- Treasurer 1 1 1 3. The Clerk- Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Terms of Offering and to publish the abbreviated notice of sale attached hereto as Exhibit A in the manner required by law. The City Council will meet at G:30 p.m. on Monday, August 13, 1990, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Bohjanen , and upon vote being taken thereon the following members voted in favor of the motion: Neal, Kuether, Bisel, Reinert, Bohjanen. and the following voted against: None whereupon the resolution was declared duly passed and adopted. 1. Exhibit A NOTICE OF BOND SALE $1,015,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990B CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received until 1:00, p.m., C.T. on Monday, August 13, 1990, in the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, at which time the bids will be opened and tabulated for consideration by the City Council at a meeting at 6:30 p.m. on the same day. The bonds are offered on the following terms. The bonds will be dated August 1, 1990, will bear interest payable semiannually on each February 1 and August 1, commencing August 1, 1991, and will mature on August 1, 1993. The City may elect on August 1, 1992 or on any date thereafter to redeem and prepay bonds of this issue in whole or in part by lot at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $1,005,685 plus accrued interest. A legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will be used to finance a portion of the costs of various assessable public improvements in the City and to refinance at maturity certain temporary improvement bonds of the City. Bidders should be aware that the Official Statement to be distributed for the bonds may contain additional bidding terms and information relative to the bonds. In the event of a variance between statements in this Notice of Bond Sale and the Official Statement bidders must comply with the terms of the latter. Dated: July 9, 1990. BY ORDER OF THE CITY COUNCIL /s/ Marilyn G. Anderson City Clerk Treasurer 1 1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of Lino Lakes, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, July 9, 1990, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $1,015,000 General Obligation Temporary Improvement Bonds, Series 1990B, of the City. WITNESS My hand as City Clerk- Treasurer and the corporate seal of the City this 25th day of July , 1990. (SEAL) I — - K;;\ L9c City Clerkeasurer City of Lino Lakes, Minnesota