HomeMy WebLinkAbout08/13/1990 Council Minutes (2)1
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COUNCIL MEETING AUGUST 13, 1990
The regular meeting of the Lino Lakes City Council was called
to order by Mayor Bisel at 6:30 P.M. Council Members
present: Neal, Kuether, Reinert, Bohjanen. Council Members
absent: none. City Attorney, Bill Hawkins; Engineer's,
Darrell Schneider and Dan Boxrud; Planner, John Miller;
Public Works Director, Don Volk; Administrator, Randy
Schumacher and Clerk- Treasurer Marilyn Anderson were also
present.
CONSIDERATION AND APPROVAL OF MINUTES
Regular Council Meeting, July 9, 1990 - Council Member
Bohjanen moved to approve these minutes as presented.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Regular Council Meeting, July 23, 1990 - Council Member Neal
moved to approve these minutes as presented. Council Member
Bohjanen seconded the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
July 31, 1990 - Council Member Neal moved to approve t` -:ese
disbursements as presented. Council Member Kuether se,:onded
the motion. Motion carried unanimously.
August 13, 1990 - Council Member Neal moved to approve these
disbursements as presented. Council Member Kuether se onded
the motion. Mr. Hawkins referred to Page 2 of the
Disbursement Listing regarding payment of the award tr she
landowners for easements for the Storm Water Managemes Plan.
He noted that several of the landowners had appealed air
award. By law the City is required to pay the 75% of ze
award at this time and the checks have been made out r this
amount. This is not reflected on the Disbursement Li; :ing.
Mr. Hawkins requested that the balance of checks for is
matter be held by the Clerk until the appeal period 1:
expired.
Voting on the motion, motion carried unanimously.
Centennial Fire Department - Council Member Neal movy o
approve these disbursements as presented. Council M,, r
Bohjanen seconded the motion. Motion carried unanim, y.
OPEN MIRE
Ted Matkke, Engineer for Rick Carlson, Woodridge Est -Mr.
Matkke said he has some questions and concerns regar the
pending assessments for Woodridge Estates. An asses was
included for area drainage. He noted that this plat
almost completely constructed before the City passed
requirement that assessments be included for area dr e.
He also noted that this assessment was not included
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COUNCIL MEETING AUGUST 13, 1990
feasibility report.
Mr. Matkke also noted some concern regarding the lack of
breakdown of engineering costs. He asked that these costs be
provided. He felt that the engineering costs allocated to
the Woodridge Estates plat could not be justified.
Mayor Bisel explained that this matter will be handled under
Agenda Item No. 10A.
FINANCIAL REVIEW AS IT RELATES TO EXISTING SEWER AND WATER
BOND ISSUES, RESOLUTION NO. 58 - 90 AND RESOLUTION NO. 59 -
90, RON LANGNESS
Mr. Schumacher introduced Mr. Langness of Springsted, Inc.
Mr. Langness explained that the Council and the Economic
Development Authority (EDA) has authorized the sale of two
(2) bonds. One (1) of the bonds will finance a new fire
station and the second bond will be used to refinance the
1987 Temporary General Obligation Bond. Mr. Langness
explained that the Council will need to adjourn as the City
Council and convene as the EDA to approve the bond sale for
the Public Project Revenue Bonds to finance the fire station.
Council Member Bohjanen moved to temporarily adjourn the
regular Council meeting. Council Member Kuether seconded the
motion. Motion carried unanimously.
A meeting of the Economic Development Authority was called to
order by Chairman Kuether at 6:42 P.M. Mr. Langness
explained that bids had been received today for the sale of
$1,115,000.00 Public Project. Revenue Bonds to finance the
construction of a new fire station. Mr. Langness explained
the rate of interest was very competitive and he recommended
approval of the bond sale.
Member Reinert moved to award the bid to Cronin & Company,
Inc. with a net effective interest rate of 7.11532% and
approve EDA Resolution No. 04 - 90. Member Bohjanen seconded
the motion. Motion carried unanimously.
Member Bisel moved to adjourn the EDA at 6:47 P.M. Member
Bohjanen seconded the motion. Motion carried unanimously.
Mayor Bisel reconvened the regular Council meeting at 6:47
P.M. Mayor Bisel read Resolution No. 58 - 90 Approving the
Terms of $1,115,000.00 Public Project Revenue Bonds, Series
1990A of the Lino Lakes Economic Development Authority.
Council Member Bohjanen moved to approve Resolution No. 58 -
90. Council Member Kuether seconded the motion. On a roll
call vote, motion carried unanimously.
Council Member Kuether asked if the next step in constructing
the new fire station was to call for bids and specification.
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Mr. Schumacher explained that the Needs Analysis should be
completed first and then plans and specifications can be
ordered.
Resolution No. 58 - 90 can be found at the end of these
minutes.
Mr. Langness explained that bids have also been received for
the sale of $1,015,000.00 General Obligation Temporary
Improvement Bonds, Series 1990B. The net effective interest
rate is 6.3000%. Mr. Langness said this was a very good rate
and recommended award of the sale to FBS Investment Services,
Inc. Council Member Bohjanen moved to approve the sale and
approve Resolution No. 59 - 90. Council Member Reinert
seconded the motion. On a roll call vote, motion carried
unanimously.
Resolution No. 59 - 90 can be found at the end of these
minutes.
PARK BOARD REPORT - DON VOLK
Consideration of Purchasing Land Adjacent to Birch Park - Mr.
Volk explained that at the time Birch Park was acquired from
the developer of D. Erickson's Second Addition, it was
planned that additional park land would be obtained to the
south when the next phase of development was approved. It
appears that Mr. Erickson will not be developing the second
phase. However, the Park Board is interested in completing
the development of Birch Park by acquiring the additional
land from the current owner. The Staff has negotiated a
purchase price of $7,500.00 per acre. The site is
approximate one (1) and one half (1/2) acres. The purchase
price will be taken from Dedicated Park Funds.
Mr. Volk explained that the parcel is all usable for park
purposes and fits very well into the overall park plan.
Council Member Kuether asked if this acquisition would fit
into the Park Comprehensive nevelopment Plan and Mr. Volk
said this would not have an effect on that plan.
After further discussion regardi_. 2.- ^lopment of the
parcel, Council Member Neal moved to purchase 1.5 acres of
land from Mr. and Mrs. Whitcomb at a purchase price of
$7,500.00 per acre. Council Member Bohjanen seconded the
motion. On a roll call vote, motion carried unanimously.
PUBLIC HEARING, VACATION OF ROADWAYS, RESHANAU LAKE ESTATES,
RESOLUTION NO. 51 - 90
Mr. Miller explained that the developers of Reshanau Park
Estates wish to plat the second addition. Before the final
plat is recorded, the developer wishes to vacate the northern
portion of Black Duck Drive since the option of extending
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Black Duck Drive around the north end of Reshanau Lake is no
longer possible. Vacation of the road is necessary before
the final plat can be recorded. The plat will show a cul -de-
sac at the end of Black Duck Drive with an emergency access
to the County Park.
Mayor Bisel opened the public hearing at 7:06 P.M. Council
Member Bohjanen moved to close the public hearing at 7:06
P.M. Council Member. Neal seconded the motion. Motion
carried unanimously.
Council Member Bohjanen moved to approve Resolution No. 51 -
90. Council Member Neal seconded the motion. Mr. Schumacher
reminded the Council that the original intent was to have
East Shadow Lake Drive and West Shadow Lake Drive connected
by extending Black Duck Drive around the north end of
Reshanau Lake. Mr. Miller said that this was no longer
possible. Mayor Bisel asked if the easement that will remain
will allow the extension of Black Duck Drive some time in the
future when an agreement is reached with the County Park
Director. Mr. Miller said this could be done and would not
affect the house that will be constructed on the lot
adjoining this extension. Mayor Bisel said that this is only
a matter of terminology. The City will vacate the street,
obtain an easement in exchange and there can be a road there
sometime in the future. Mayor Bisel said that he did not
want to lose the opportunity to extend Black Duck Drive in
the future.
On a roll call vote, motion carried unanimously.
PUBLIC HEARING, PINERIDGE IMPROVEMENT
Mr. Boxrud explained that two (2) public hearing dates were
authorized by mistake; one (1) for August 13, 1990 and one
(1) for August 27, 1990. He asked the Council to continue
this hearing to August 27, 1990 at 8:15 P.M. Council Member
Bohjanen moved to continue this public hearing until August
27, 1990. Council Member Kuether seconded the motion.
Motion carried unanimously.
ENGINEER'S REPORT
Resolution No. 35 - 90 Declaring Costs to be Assessed,
Woodridge Estates, Rohavic Oaks, Second Addition and
Surrounding Areas, Darrell Schneider - Mr. Schneider noted
that the Council has set the public hearing for consideration
of assessments but has not accepted the resolution declaring
the assessment costs. He noted that he has met with the
developer and his engineer and some areas of basic
disagreement still remain. The developer is questioning the
assessment procedure used by the City and as outlined in the
Financing Policy. The developer feels that the Financing
Policy is in disagreement with his developers agreement. The
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COUNCIL MEETING AUGUST 13, 1990
developer is asking that he and his attorney be authorized to
meet with the City Attorney. Mr. Schneider recommended that
the Council approve Resolution No. 35 - 90 Declaring Costs to
be Assessed and Set Public Hearing. During this time Mr.
Schneider suggested that he and the City Attorney continue to
work with the developer to resolve all questions and
conflicts.
Council Member Bohjanen moved to approve Resolution No. 35 -
90. Council Member Neal seconded the motion.
Mr. Ted Mattke, engineer for Woodridge Estates explained that
he has several differences with the City Engineer in
determining assessable costs. He noted that he and Mr.
Carlson had requested a meeting with City Staff and the
meeting was held at 5:30 P.M. today. This meeting was not
scheduled until he had made another request for the meeting.
Mr. Mattke asked if there will be an opportunity to meet and
discuss these matters. Mayor Bisel asked Mr. Schneider and
Mr. Hawkins to meet with Mr. Mattke and Mr. Carlson and asked
that the results of the meeting be included in the packet for
the next Council meeting.
Voting on the motion, motion carried unanimously.
Resolution No. 35 - 90 can be found at the end of these
minutes.
PUBLIC HEARING, PRELIMINARY PLATS FOR BRANDYWOOD ESTATES AND
PHEASANT HILLS PRESERVE - DAN BOXRUD
Mr. Boxrud noted the public improvement hearings have already
been held on both of these two preliminary plats. The
improvements have not been ordered and will not be until the
preliminary plats have been approved.
Brandywood Estates
Mr. Boxrud explained that Brandywood Estates preliminary plat
is to be located at the southeast corner of Birch Street and
12th Avenue. He explained the proposed design of the plat
and noted that there are several lots along Birch Street that
will be double fronting and will require a variance. Mr.
Boxrud noted that a trail will be located along the west
border of the plat and therefore, technically the lots along
the west side of the plat will not be double fronting. The
Design Review Board has reviewed the preliminary plat and
recommend approval of the plat and recommend approval of a
variance for the lots that will be double fronting. The DRB
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hac al -r. rcrnmmcnr�• -� � 1sar4 �n.•c f[1T' T.nt- '? .. o� , _ ^' ,, c, it
will not meet the standard width for a corner lot.
Mr. Boxrud noted that there will be park property with" 4-11:.
plat and the developer will also acquire land just south of
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COUNCIL MEETING
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the plat to complete the park. Storm water will be
temporarily ponded within the plat and then discharged. He
noted that there will be storm water coming into the plat
from the east in the same manner as it now comes.
Mr. Boxrud explained that there is a consideration with
re7ard to the ground water table at the south border. At
this time drain tile is being considered. He will look at
this from the performance standpoint. If the drain tiling
does not work, full basements will not be permitted.
Municipal water will come from the well house on Black Duck
Drive and the plat will received sanitary sewer service from
the Centerville lift station. Both sewer and water can be
extended to the south when it is needed. The DRB has
recommended approval of the preliminary plat subject to
several conditions.
Mayor Bisel opened the public hearing at 7:40 P.M. Jeff
Shopek, engineer for the developer was present to answer
questions from the audience and Council.
Pheasant Hills Preserve
Mr. Boxrud explained that this preliminary plat contains 226
lots. There are wetlands in the area and the developer may
have to drop one or two more lots on the final plat.
The Comprehensive Land Use Plan shows the entire area as
Rural. A Comprehensive Land Use Plan amendment is needed as
well as a rezone from Rural (R) to R -1X. The plat will be
developed in phases and Mr. Boxrud explained the different
phases.
There are several cul -de -sacs in the plat. Most of them are
over 500 feet long. Wetlands hamper street connections and
in one instance a deep ravine hampers any connections.
Park dedication credit will be given to the outlots. There
is a four (4) acre island that will be dedicated for park
uses. Mr. Shopek displayed a map and documented the Park
Board recommendations. Mr. Boxrud noted that there will be
some modification of wetlands. There will be open water and
a variety of wetlands.
The municipal water will come to Pheasant Hills Preserve
through Brandywood Estates. Sanitary sewer service will be
provided through the Centerville lift station. The DRB has
recommended approval of the preliminary plat subject to the
processing of the Comprehensive Land Use Plan Amendment,
variance for cul -de -sac length and a rezone and documentation
of utility and drainage easements.
Mr. Boxrud noted that the plat of Brandywood Estates and
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Pheasant Hills Preserve are tied together in both utility
services and assessment processing. The developers of both
subdivisions and the Centennial School District have agreed
to the total assessment. They also agreed to incur all trunk
costs with their first phase of development. All costs will
be paid 100% by the developers and the school district. A
developers agreement will be completed and signed prior to
advertising for bids.
Mayor Bisel opened the public hearing at 7:58 P.M.
Helen LeRoux, 1481 Birch Street and her daughter told he
Council that they have been concerned about the proposed
development. Mrs. LeRoux said that it appeared to her that
this was all cut and dry and that she would have not input.
She told the Council that it will be very costly to install
sewer and water in this area. She noted that she has lived
in her home since 1951 and was afraid of being displac d.
Her daughter displayed pictures of the land, wetlands nd
wooded areas noting that it is very beautiful. Mrs. I. Roux
asked why so many homes are being platted and also ask d why
they are so expensive. She asked why more affordable ome
were not being built.
Mayor Bisel explained that the developer will be payig for
the entire improvement and there will be no assessmen= or
cost for her. Mr. Boxrud explained how the improveme; z, have
been routed around her property. Mayor Bisel also ex; lined
that Mrs. LeRoux will not be able to divide her prope
unless she decides to divide into sewered lots.
Mrs. LeRoux again said that too many homes were planr for
the area and that a lot of trees would have to be rer d.
Mayor Bisel explained that the purpose of planning wz to
preserve as much of the natural beauty as possible. -
Council Member Neal asked when the plat was planned r, e
completely filled. Mr. Boxrud explained the there w` be
about twenty five (25) homes constructed per year unt the
total 226 were completed.
Council Member Neal said he would visit Mrs. LeRoux
answer her questions. Mrs. LeRoux's daughter asked
Council to put their hiking boots on and walk throng' e
property. Mayor Bisel explained that when a person
property he has the ability to develop it as he wish
providing it meets with City Codes. He noted that a ng as
the developer meets all of the criteria, the City ca
discriminate against his development. Mayor Bisel t Y�
Mrs. LeRoux for her comments.
Mrs. LeRoux explained that her daughter lives in Lex n.
Her help is needed and asked if a trailer house coul
moved onto the LeRoux property so that the daughter „ be
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close by when needed. Mayor Bisel explained that this would
not be permissible.
Council Member Bohjanen moved to close the public hearing at
8:12 P.M. Council Member Reinert seconded the motion.
Motion carried unanimously.
Mayor Bisel reminded the Council that the two preliminary
plats are tied together. If the Council approves one (1)
preliminary plat, they must also approve the second
preliminary plat.
Council Member Kuether moved to approve the preliminary plat
of Brandywood Estates and a variance for double fronting Lots
4 through 10, Block 1 and a variance for lot width for Lot 2,
Block 1 and subject to the conditions listed by the DRB.
Council Member Neal seconded the motion. On a roll call
vote, motion carried unanimously.
Council Member Kuether moved to approve the preliminary plat
of Pheasant Hills Preserve and to grant variances for cul -de-
sacs and subject to the conditions outlined by the DRB.
Council Member Neal seconded the motion. On a roll call
vote, motion carried unanimously.
The Council took a five (5) minute recess at 8:25 P.M.
Mr. Boxrud noted that a drainage and grading study is needed
for these two plats. He asked that these studies be done
concurrently.
Council Member Neal moved to approve Resolution No. 38 - 90
and to incorporate the drainage and grading study. Council
Member Kuether seconded the motion. On a roll call vote,
motion carried unanimously.
Resolution No. 38 - 90 can be found at the end of these
minutes.
Council Member Bohjanen moved to approve Resolution No. 3 -
90 and to incorporate the drainage and grading study.
Council Member Neal seconded the motion. On a roll call
vote, motion carried unanimously.
Resolution No. 39 - 90 can be found at the end of these
minutes.
PLANNER'S REPORT - JOHN MILLER
Conditional Use Permit, Expanded Day Care Facility, Sharon
Gage - Mr. Miller explained that at the Council's July 9th
meeting the public hearing was held on the request to expand
the day care facility from twelve (12) to fourteen (14)
children. Several negative comments were made by neighbors
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and Mr. Miller was asked for further information from Anoka
County. Mr. Miller called Anoka County requesting the
information and was told by an assistant county attorney that
the state statutes regarding day care facilities had been
amended allowing the Gage's to expand their facility without
approval from the City. Mr. Miller said he has visited with
the Gages on this matter and will be returning a major
portion of their escrow.
Mayor Bisel expressed concern that the City is unable to
respond to this matter. He noted that the City was not
allowed access to any Anoka County licensing records and felt
this was unfortunate. It was noted that the City has nothing
to say in this matter.
Mayor Bisel noted an attachment to the "Green Sheet"
regarding a structure added to the Gage's garage without a
building permit. Mr. Gage said this has been removed.
Mr. Gage addressed the Council and said he hoped there would
be no hard feelings in this matter. He explained that he has
developed a new neighbor named "anonymous ". Anonymous called
the City Hall regarding the children in his day care facility
chasing a bus down the street in the middle of July.
Anonymous also complained about a junk car in his yard as
well as his privacy fence, noxious weeds, accumulation of
discarded lumber and car tires. Mr. Gage explained that he
was told that his privacy fence did not meet code and he
presented a list of several other fences that would not meet
code if his did not meet code. Mr. Gage reported that Mr.
Asleson has written him a letter regarding noxious weeds in
his yard and Mr. Gage named other properties who were also
harboring noxious weeds. Mr. Gage said he feels he is being
harassed by Mr. Anonymous and asked when will he and his
family find peace and go on with their lives? He noted that
he has made peace with his new neighbor but said it is not
likely that he will make peace with the other neighbor.
Mayor Bisel thanked Mr. Gage for his presentation and said
that the Council is concerned about all of Lino Lakes and
feels said that the City was pre - empted by the State.
Council Member Reinert said he felt it was unfortunate that
this matter got to this point.
OPEN MIKE
Mike Kostick, My Place On The Lake appeared before the
Council to explain that at the current time there is no one
in his establishment operating pull tabs. He noted that
gambling does help brine in patrons for his business however
he has been unable to find a charitable organization that
would qualify for a license to come into his business. Mr.
Kostick told the Council that the Columbus Lions club has
approached him, however they do not meet the Code and are
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unable to get a license. Mr. Kostick asked if the Council
could give a variance to the Columbus Lions Club since they
already do contribute some of their earnings to the City.
Mayor Bisel explained that the ordinance is in place and to
allow Columbus Lions to come in would require an ordinance
change. He asked Mr. Kostick to work with the Staff on this
matter.
Mr. Kostick said that he feels he is being discriminated -
against since there are no Lino Lakes organizations that will
operate in his business.
Set Public Hearing to Rezone I35E Corridor from Rural to R -BR
for September 10, 1990, 7:00 P.M. - Council Member Reinert
moved to set the public hearing. Council Member Neal
seconded the motion. Motion carried unanimously.
Consideration of EAW for Oak Brook Peninsula - Mr. Miller
reviewed the background on this matter. The preliminary plat
contains approximately twenty one (21) acres and is proposed
to be subdivided into five (5) lots. Entrance to the
subdivision would be through Otter Lake Drive and across a
channel in Otter Lake. Residents in the area petitioned for
an Environmental Assessment Worksheet (EAW). The City has
prepared the EAW and it has been submitted to the affected
governmental agencies. Replies from these agencies have been
received and indicate that it is not necessary for the
developer to complete an Environmental Impact Statement
(EIS). Mr. Boxrud has submitted a summary of comments from
the various agencies and has responded to all comments made
by them.
Mr. Miller recommended that the Minnesota Historical
Society's concern regarding an archaeological study be -
approved and that the Council declare that there is no
negative impact on the area because of the proposed
preliminary plat, not order an EIS but require that all other
issues be resolved.
Mr. Boxrud reviewed his comments and noted that the developer
has agreed to have a historical dig performed at his expense.
He noted that there are several other issues and problems
that will be addressed during the platting process. All
these issue and /or problems could stop or change the project.
A letter from the DNR dated July 6, 1990 was discussed. It
was noted that a telephone was received by the Clerk from Tom
Hovey, DNR indicating that there will be an update to the
letter.
The issue of access to the preliminary plat was discussed.
Mr. Miller showed the area on a map and indicated that the
access to this property is from Otter Lake Drive over a box
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culvert in the lake channel. This is a major issue with the
area residents since the channel is twenty six (26) feet wide
and the culvert is only eight (8) feet wide. Placement of
the culvert would reduce the channel by sixteen (16) feet.
Mr. Miller also noted a legal problem regarding the use of
Outlot B as access since Outlot B is now being used for other
purposes. He asked how many times can you use one parcel.
Mr. Miller said he has met with most of the residents to
resolve their questions and concerns. The matter has not
been resolved.
Council Member Reinert moved to approve the recommendation of
the City Engineer or Option No. 1 on the "green sheet ".
Council Member Bohjanen seconded the motion.
Frank Kern, 2019 Otter Lake Drive, President of the Otter
Lake Assn. asked the Council to hear the concerns of the
residents before they make a decision regarding the EIS. He
noted that the residents were requesting a full EIS. Mayor
Bisel explained that there will be other opportunities for
the residents to express their concerns and noted that the
finding by the various agencies do not indicate a need for an
EIS. Mr. Kern felt the Council had not been to the site and
was not aware of the issues involved.
Mayor Bisel explained that this is not a public hearing,
however if the motion is approved all residents will have a
change to express their concerns.
Mr. Kern explained that the question from the Historical
Society should require an EIS. He said the law is being
violated regarding length of cul -de -sacs and noted that State
Statutes say no public waters can be obstructed. Mr. Kern"
told the Council that if they want to do the right thing they
will vote to have an EIS completed by the developer.
John Elliot, 6326 Otter Lake Road suggested that the ancil
set a public hearing before the vote on the above mc: n.
Mayor Bisel explained this could not be done.
Council Member Reinert suggested a neighborhood type
meeting with the residents and withdrew his motion. anvil
Member Bohjanen withdrew his second.
Mr. Adamson, developer of Oak Brook Peninsula told
Council that he is going through all the agencies t. the
proper permits. He noted that this is not an envir t
issue and also noted that the property on the west t of
the channel is for sale. Mr. Adamson said all EAW x s
will be satisfied and also noted that the channel w,
illegally dug. Mr. Adamson said that if he is requw to do
an EIS then all development in Lino Lakes should be ired
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to do the same. He noted that he had started the platting
process last November and he feels that an EIS is unwarranted
and costly and is just an effort to get him to drop the
project.
Mayor Bisel asked the Staff to set up an informational
meeting within the next two (2) weeks. The meeting will
include Staff, representative of the residents and Council
Members.
Council Member Reinert moved to table this issue and to place
the issue on the agenda following the informational meeting.
Council Member Bohjanen seconded the motion. Motion carried
unanimously. Council Member Kuether noted that issues
discussed at the informational meeting will be strictly
environmental issues.
ENGINEER'S REPORT
Resolution No. 50 - 90 Ordering Improvement and Preparation
of Plans and Specifications, White Tail Ridge - Mr. Boxrud
noted that the public hearing was held on July 11, 1990 and
the sixty (60) day waiting period for ordering the
improvement has now lapsed. An appraisal has been completed
on Lot 31 and it indicates that there will be no benefit to
the lot from the proposed improvement. A new assessment rate
has been calculated for the remaining affected lots and
petitions have been sent to the landowners asking that they
sign the petitions which show the increased rate. Two of the
three property owners have signed petitions.
Mr. Boxrud noted that without the third petition the
improvement could be jeopardized since the third party could
file an appeal. Mr. Hawkins suggested that the Council could
set an assessment hearing based on the Engineer's estimate -
and then wait to see if there are any appeals.
Dennis Cheesebrough, owner of one of the affected properties
asked if all of the legal requirements have been me. He
asked is there is any reason not to order the improvement.
Mr. Cheesebrough also indicated that he disagreed with the
appraisal. He noted that the improvement could be completed
and the lot not assessed. Later the lot owner could sell the
lot and the new owner could upgrade the lot and make it
buildable. Mr. Hawkins explained that the lot could be
assessed and the assessment deferred to such time as a
building permit is issued to the lot. This would be
accomplished by assessing more than 100% of the improvement
costs since the improvement must be paid by the landowners
currently paying assessments.
Jim Katzung, owner of Lot 30 explained that he has no
intention of ever building on the lot but would not want the
lot tied up if he were ever to sell the property. Mr.
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Hawkins explained that the assessment resolution would set
out specific conditions when the assessment would be due.
Council Member Reinert moved to set an assessment hearing for
September 10, 1990. There was no second to this motion.
Council Member Reinert moved to order the improvement and
approve Resolution No. 50 - 90. Council Member Bohjanen
seconded the motion. On a roll call vote, motion carried
with Council Member Neal, Reinert, Bohjanen and Mayor Bisel
voting aye. Council Member Kuether was absent during voting.
Resolution No. 50 - 90 can be found at the end of these
minutes.
Resolution No. 52 - 90 Awarding Bid for 1990 Seal Coating,
Dan Boxrud - Mr. Boxrud explained that bids were received on
August 10, 1990. He noted that an alternate bid was also
requested. This bid was for a smaller sized rock. Allied
Blacktop was low bidder on the regular bid and the alternate
bid. Mr. Boxrud told the Council that the smaller rock is a
better material and recommended that the Council approve the
low bid from Allied Blacktop using the smaller rock and also
recommended that since the bid was about 15% under the
Engineer's estimate that Mr. Volk a include additional
streets in the seal coating program for 1990.
Council Member Reinert moved to approve the Engineer's
recommendation and approve Resolution No. 52 - 90. Council
Member Bohjanen seconded the motion. On a roll call vote,
motion carried with all members except Council Member Kuether
voting aye. Council Member Kuether was absent during this
vote.
Resolution No. 52 - 90 can be found at the end of these
minutes.
Resolution No. 53 - 90, Declaring Adequacy of Petition and
Ordering Preparation of Report for 66th Street (Darla Lowell)
- Dan Boxrud - Mr Boxrud explained that the petition has been
received and recommended that the petitioners post a
$3,000.00 escrow for the feasibility report. Council Member
Reinert moved to approve the Engineer's recommendation and
approve Resolution No. 53 - 90. Council Member Bohjanen
seconded the motion. Motion carried with all members except
Council Member Kuether voting aye. Council Member Kuether
was absent during the vote.
Resolution No. 52 - 90 can be found at the end of these
minutes.
Discussion of a Resolution to Transfer Funds from the Sewer
and Water Enterprise Fund to the Connection and Area Charge.
Capital Project Fund, Resolution No. 54 - 90 - Darrell
PAGE 13
COUNCIL MEETING AUGUST 13, 1990
Schneider -
rates were
Bond. The
Enterprise
Resolution
Mr. Schneider explained that in 1988 utility user
increased to help finance a General Obligation
user fees collected in the Sewer and Water
Fund have never been transferred to the Bond Fund.
No. 54 - 90 will transfer the funds.
Council Member Reinert moved to approve the Engineer's
recommendation and adopt Resolution No. 54 - 90. Council
Member Bohjanen seconded the motion. On a roll call vote,
motion carried unanimously.
Resolution No. 54 - 90 can be found at the end of these
minutes.
Resolution No. 55 - 90 Receiving Report and Calling a Public
Hearing for the Chomonix Gravity Trunk Sewer Improvement
Project for September 24, 1990, 7:15 P.M., Darrell Schneider
Mr. Schneider explained that the feasibility report is
completed and it does evaluate the extent of the proposed
gravity trunk sewer and makes recommendations for
implementation based upon proposed development. He asked
that the Council consider authorizing TKDA to develop a
program for interim service until the gravity trunk line is
fully operational. Council Member Bohjanen moved to approve
Resolution No. 55 - 90 and set the public hearing for the
Chomonix Gravity Trunk Sewer Improvement Project. Council
Member Kuether seconded the motion. On a roll call vote,
motion carried unanimously.
Council Member Bohjanen moved to appoint Council Member
Kuether to work with the Engineer, Staff and developers to
develop a program for interim service. Council Member
Kuether second the motion. On a roll call vote, motion
carried unanimously.
CONSIDERATION OF THE RECOMMENDATION FROM THE CENTENNIAL FIRE
DISTRICT STEERING COMMITTEE
Council Member Neal moved to deny Milo Bennett as Fire Chief
for the Centennial Fire District. He explained that he felt
the present Fire Chief was discriminated against by an
article in the newspaper. In addition, everybody knew who
had been appointed Chief before Council Member Neal did.
Council Member Bohjanen seconded the motion.
Council Member Reinert said he felt that it was a long
process and although there may have been a "slip of the cog ",
the process was well laid out and Milo Bennett was the best
candidate. To not approve Milo Bennett at this point would
throw the entire Fire District in a "tizzy ".
After further discussion regarding the process of selecting
the new Fire Chief, his starting salary, moving expenses and
probation period, Mayor Bisel called for a roll call vote.
PAGE 14
1
1
1
COUNCIL MEETING AUGUST 13, 1990
Council Members Kuether and Reinert and Mayor Bisel voted no.
Council Members Neal and Bohjanen voted aye. Motion to deny
Milo Bennett as Fire Chief failed.
Council Member Reinert moved to approve the recommendation of
Milo Bennett as Fire Chief. Council Member Kuether seconded
the motion. Mayor Bisel called for a roll call vote.
Council Members Kuether and Reinert and Mayor Bisel voted
aye. Council Members Bohjanen and Neal voted no. Motion
carried. Council Member Bohjanen explained that he voted
against the motion because there was too much publicity and
the public knew of his appointment before Council Members
knew.
Council Member Neal told the Council that he is resigning
from the Centennial Fire District Steering Committee as of
this evening. Mayor Bisel said he felt bad about this and
noted that the new Fire Chief needs all of the help he can
get. to made the Centennial Fire District successful. He
also noted that it will be difficult working with people in
three (3) different communities.
Council Member Reinert asked that Council Members Neal and
Bohjanen give Milo Bennett a chance. Council Member Bohjanen
said that he will do this although he did not like the
selection process.
NEW BUSINESS
Request from 49 Club for Dance Permit, Marilyn Anderson. -
Mrs. Anderson explained that Mr. Nathe has requested a dance
permit for August 24th and 25th. This dance is to take place
in the parking lot. Mr. Schumacher explained that there had
been a large number of complaints from Shoreview resiants
when an outside dance was held in July. After discus.a..ng the
need to cooperate with neighbors and possibly asking t the
band face a different direction Council Member Neal it d to
approve Option No. 1 to allow the dance in the parkin. .ot.
Council Member Bohjanen seconded the motion providing at
the band be moved inside at 10:00 P.M.
There was discussion regarding controlling these type= f
outdoor activity. Mr. Schumacher said the Staff wou
prepare some recommendations for amending the City C
Mayor Bisel suggested that a license fee of $500.00
imposed.
On a roll call vote, Council Member Bohjanen and Coy:
Member Neal voted yea. Council Members Reinert and ler
and Mayor Bisel voted nay. Motion failed. Mayor Bi :owed
to approve the dance permit for inside the 49 Club. _cil
Member Reinert seconded the motion. On a roll call
Mayor Bisel and Council Members Reinert, Bohjanen, A' nd
Kuether voted aye. Motion carried unanimously.
PAGE 15
COUNCIL MEETING AUGUST 13, 1990
Request from VFW for Dance Permit - Mrs. Anderson read a
letter from VFW Commander Lyle Carpenter regarding a request
for a parking lot dance. Council Member Neal moved to
approve the outside dance permit providing that the band be
moved inside the VFW at 10:00 P.M. Council Member Bohjanen
seconded the motion. Council Member Reinert noted that the
Council just denied a similar permit for the 49 Club and felt
that approving this request would be discriminatory. On a
roll call vote Council Members Neal, Kuether and Bohjanen and
Mayor Bisel voted aye. Council Member Reinert voted nay.
Motion carried. Council Member Reinert explained that he
felt that it was unfair to approve one request and deny
another.
Mayor Bisel moved to reconsider the vote regarding the 49
Club request for a parking lot dance permit. Council Member
Reinert seconded the motion. Motion carried unanimously.
Council Member Reinert moved to treat the 49 Club as the VFW
was treated and approve a parking lot dance permit from 6:00
P.M. to 10:00 P.M. Council Member Bohjanen seconded the
motion. On a roll call vote, motion carried unanimously.
Consideration and Award of Bids for Tree Spade, Don Volk -Mr.
Volk explained that there were three bidders and recommended
that the low bid from Vermeer Sales and Service of Burnsville
be accepted. Funding is available from the tree
restitution /restoration money in the West Central Trunk
Improvement Construction Fund.
Council Member Neal moved to approve Mr. Volk's
recommendation. Council Member Bohjanen seconded the motion.
On a roll call vote, motion carried unanimously.
OLD BUSINESS
Council Member Neal asked
contract. Mr. Schumacher
Centerville on Friday and
the information for their
about the Centerville Police
explained that he had talked to
noted that Centerville will have
budget meeting on August 20, 1990
Mr. Schumacher noted that the Centennial Fire District
Steering Committee will meet on August 23, 1990 and will
discuss the current Fire Chief.
Mr. Schumacher introduced Mr. Jim Baker to the Council. Mr.
Baker is assisting the Building Inspector.
Council Member Reinert moved to adjourn at 11:18 P.M.
Council Member Kuether seconded the motion. Aye.
These minutes were considered, corrected and approve at a
regular Council meeting on August 27, 1990.
PAGE 16
COUNCIL MEETING
erson,
easurer Mayor
AUGUST 13, 1990
0.
Harold L. Else
PAGE 17
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, Minnesota, was duly held in the City Hall in the
City of Lino Lakes on Monday, August 13, 1990, commencing at 6:30 P.M.
The following members were present: Neal, Kuether, Bisel, Reinert,
Bohjanen.
and the following were absent: None.
* * *
The Mayor announced that the next order of business was approval of the
terms of the Lino Lakes Economic Development Authority's $1,115,000 Public
Project Revenue Bonds, Series 1990A (City of Lino Lakes Installment Contract
Obligations).
1
1
Member Bohjanen introduced the following written resolution
and moved its adoption the reading of which had been dispensed with by unanimous
consent:
RESOLUTION NO. 58 - 90
A RESOLUTION APPROVING THE TERMS OF
$1,115,000 PUBLIC PROJECT REVENUE BONDS,
SERIES 1990A (CITY OF LINO LAKES INSTALLMENT
CONTRACT OBLIGATIONS) OF THE LINO LAKES
ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka
County, Minnesota (the "City ") as follows:
Section 1. Terms of Bonds.
1.01. By action taken by its Board of Commissioners, the Lino akes
Economic Development Authority (the "Authority ") has approved the issuanc and
sale of its Public Project Revenue Bonds, Series 1990A (City of Lino ekes
Installment Contract Obligations) (the "Bonds ") in the principal amo4. of
$1,115,000 originally dated September 1, 1990, in the denomination of $5,00 _ach
or any integral multiple thereof, numbered No. R -1, upward, bearing interest : the
rates and maturing on February 1 of the years as follows:
Year Principal Interest
(February 1) Amount Rate
1995 $ 25,000 %
1996 25,000
1997 "` """
1998 40,000
1999 50,000
2000 50,000
2001 75,000
2002 75,000
2003 75,000
2004 75,000
2005 100,000
2006 100,000
2007 100,000
2008 100,000
2009 100,000
2010 100,000
2
224
Section 2. Installment Purchase Contract Schedule of Payments.
2.01. Pursuant to the Installment Purchase Contract dated as of June 28,
1990 between the City and the Authority, the City has agreed to make payments at
the times and in the amounts necessary to pay debt service on the Authority's
Bonds. The schedule of payments is as follows:
Date Amount
[ See attached]
2.02. The foregoing payments shall be made to
, Minnesota, as trustee for the Authority's Bonds.
7
Section 3. Tax Covenants.
3.01. For purposes of qualifying for the small issuer exception to the
federal arbitrage rebate requirements, the City hereby finds, determines and
declares that the aggregate face amount of all tax - exempt bonds (other than
private activity bonds) issued by the City (and all subordinate entities of the City)
during the calendar year in which the Bonds are issued and outstanding at one time
is not reasonably expected to exceed $5,000,000, all within the meaning of Section
148(f)(4)(C) of the Code. The City hereby allocates to the Authority a portion of
the City's $5,000,000 limitation under Section 148(0(4)(C)(i)(N) of the Internal
Revenue Code of 1986, as amended, in the amount of $1,115,000. This allocation is
irrevocable and binding upon the City. The project which is being undertaken by
the Authority with the proceeds of the Bonds is a project which confers benefits on
the City since it is a project which will be sold to and occupied by the City
pursuant to the Installment Purchase Contract.
3.02. The City covenants not to use the project or the proceeds of the
Bonds or to cause or permit them or any of them to be used, in such a manner as to
cause the Bonds to be "private activity bonds" within the meaning of Sections 103
and 141 through 150 of the Code.
3.03. In order to qualify the Bonds as "qualified tax - exempt obligations"
within the meaning of Section 265(b)(3) of the Code, the City makes the following
factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141
of the Code;
(b) the reasonably anticipated amount of tax - exempt obligations (other
than private activity bonds, treating qualified 501(c)(3) bonds as not being private
activity bonds) which will be issued by the City (and all subordinate entities of the
City) during calendar year 1990 will not exceed $10,000,000; and
(c) not more than $10,000,000 of obligations issued by the City (or
entities subordinate to the City) during calendar year 1990 have been designated
for purposes of Section 265(b)(3) of the Code.
3
1
The motion for the adoption of the foregoing resolution was duly seconded
by Member Kuether
, and upon vote being taken thereon, the
following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen.
and the following voted against the same: none/
whereupon said resolution was declared duly passed and adopted.
4
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 Lino Lakes, Minnesota, was duly held in the City Hall in said City on Monday,
August 13, 1990, commencing at 6:30 P.M.
The following members were present: Neal, Kuether, Bisel, Reinert, Bohjanen
and the following were absent: None
* * *
The Mayor announced that the next order of business was consideration of the bids
which had been received for the purchase of the City's $1,015,000 General Obligation
Temporary Improvement Bonds, Series 1990B, as advertised for sale. The City Clerk -
Treasurer presented affidavits showing publication of the notice of sale in the City's official
newspaper and in Northwestern Financial Review, a financial paper published in Minneapolis,
Minnesota, which affidavits were examined and found satisfactory and ordered placed on
file.
The City Clerk- Treasurer presented a tabulation of the bids which had been received
in the manner specified in the Official Terms of Offering of the Bonds. The bids were as
follows:
1
1
1
1
1
the
After due consideration of the bids, Member
Bohj anen
then introduced
following written resolution and moved its adoption the reading of which had
dispensed with by unanimous consent:
RESOLUTION NO. 59 - 90
A RESOLUTION AWARDING THE SALE OF $1,015,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS,
SERIES 1990B;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Lino Lakes, loka
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. The bid of (Purchas=
$1,015,000 General Obligation Temporary Improvement Bonds, Series 1990B
City described in the Official Terms of Offering thereof is found and deters
highest and best bid received pursuant to duly advertised notice of sale and is
bid being to purchase the Bonds at a price of $ plus accrued int(
delivery, for Bonds bearing interest at the rate of % per annum.
interest rate:
1.02. The sum of $ being the amount bid by the Purcha
$1,005,865 will be credited to the Debt Service Fund hereinafter created.
Treasurer is directed to retain the good faith check of the Purchaser, pendir
the sale of the Bonds, and to return the good faith checks of the unsu
forthwith. The Mayor and City Clerk - Treasurer are directed to execute a c
Purchaser on behalf of the City.
1.03. The City will forthwith issue and sell the Bonds in the total pri
$1,015,000 originally dated August 1, 1990, in the denomination of $5,'
integral multiple thereof, numbered No. R -1, upward, bearing interest as
and maturing on August 1, 1993.
1.04. Optional Redemption. The City may elect on August 1, 1992
thereafter to prepay Bonds. Redemption may be in whole or in part of the
prepayment. If only part of the Bonds are called for prepayment the spe
prepaid will be chosen by lot by the Registrar. Prepayments will be at a
accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully regis
interest thereon and, upon surrender of each Bond, the principal amount th
by check or draft issued by the Registrar described in Section 2.02.
been
County,
°) to purchase
3onds) of the
red to be the
ccepted, the
st to date of
et effective
in excess of
City Clerk -
°oatpletion of
ssful bidders
act with the
at amount of
each or any
'e set forth,
an any date
ds subject to
Bonds to be
of par plus
form. The
is payable
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been
paid or made available for payment, unless (i) the date of authentication is an interest
payment date to which interest has been paid or made available for payment, in which case
such Bond will be dated as of the date of authentication, or (ii) the date of authentication is
prior to the first interest payment date, in which case such Bond will be dated as of the date
of original issue. The interest on the Bonds is payable on February 1 and August 1 of each
year, commencing August 1, 1991, to the owner of record thereof as of the close of business
on the fifteenth day of the immediately preceding month, whether or not such day is a
business day.
2.03. Registration. The City will appoint and maintain, a bond registrar, transfer
agent, authenticating agent and paying agent (Registrar). The effect of registration and the
rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of
Bonds and the registration of transfers and exchanges of Bonds entitled to be
registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or
by an attorney duly authorized by the registered owner in writing, the Registrar will
authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Bonds of a like aggregate principal amount and maturity, as requested by
the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date
and until such interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon any transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the
Registrar is satisfied that the endorsement on the Bond or separate instrument of
transfer is valid and genuine and that the requested transfer is legally authorized. The
Registrar will incur no liability for the refusal, in good faith, to make transfers which
it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or
on account of, the principal of and interest on such Bond and for all other purposes,
and payments so made to a registered owner or upon the owner's order will be valid
and effectual to satisfy and discharge the liability upon such Bond to the extent of the
sum or sums so paid.
1
1
1
1
1
(g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with
respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon
cancellation of the mutilated Bond or in lieu of and in substitution for a Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of
the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or
lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount
satisfactory to it and as provided by law, in which both the City and the Registrar
must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by
the Registrar and evidence of such cancellation must be given to the City. If the
mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a r. Bond prior
to payment.
(i) Redemption. In the event any of the Bonds are called for rede
thereof identifying the Bonds to be redeemed will be given by the Regis`:
a copy of the redemption notice by first class mail (postage prepaid) no ".
and not less than 30 days prior to the date fixed for redemption to
owner of each Bond to be redeemed at the address shown on the reg
kept by the Registrar and by publishing the notice in the manner r €<
Failure to give notice by publication or by mail to any registered owner
therein, will not affect the validity of any proceeding for the redem;
Bonds so called for red. cease
redemption date, provided that the funds for the redemption are on
place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints ' Minnesot
Registrar. The Mayor and the City Clerk- Treasurer are authorized to execut
behalf of the City, a contract with the Registrar. Upon merger or con:,
Registrar with another corporation, if the resulting corporation is a bank
authorized by law to conduct such business, such corporation is authc
successor Registrar. The City agrees to pay the reaso«able ai.d 1-.:ustoma
Registrar for the services performed. The City reserves the right to rem(
upon 30 days' notice and upon the appointment of a successor Registrar, i
predecessor Registrar must deliver all cash and Bonds in its possession
Registrar and must deliver the bond register to the successor Registrar. (
principal or interest due date, without further order of this Council, the Cie°
transmit to the Registrar moneys sufficient for the payment of all prir
then due.
ption, notice
ar by mailing
more than 60
.e registered
.ration books
'ired by law.
,try defect
an of Bonds.
'-te specified
.)sit with the
s the initial
d deliver, on
ation of the
At company
3 to act as
arges of the
he Registrar
cat event the
re successor
before each
asurer must
and interest
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the Clerk- Treasurer and executed on behalf of the City by the signatures of the
Mayor and the Clerk- Treasurer, provided that all signatures may be printed, engraved
facsimiles of the originals. In case any officer whose signature or a facsimile
of whose signature appears on the Bonds ceases to be such officer before the delivery of any
Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes,
the same as if the officer had remained in office until delivery. tittwith any t security
such
execution, a Bond will not be valid or obligatory for any purpo se or a
or benefit under this Resolution unless and until a certificate of authentication on the Bond
has been duly executed by the manual signature of an authorized representative of the
Registrar. Certificates of authentication on different Bonds need not be signed by the same
representative. The executed certificate of authentication on each Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the
Bonds have been so prepared, executed and authenticated, the Clerk - Treasurer shall
deliver the same to the Purchaser upon payment of the purchase price in accordance with
the contract of sale heretofore made and executed, and the Purchaser is not obligated to see
to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in
Section 3 with such changes as may be necessary to reflect more than one maturity in a
single temporary bond. Upon the execution and delivery of definitive Bonds the temporary
Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed in substantially the following form:
Rate
96
[Face of the Bondi
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND, SERIES 1990B
Date of
Maturit
Original Issue CUSIP
August 1, 1993 August 1, 1990 536060
No. R-
nicipal
The City of Lino Lakes, Minnesota, a duly organized
acknowledges aldelexisttingge munebted
corporation in Anoka County, Minnesota (City), g
and for value received hereby promises to pay to
1
1
1
or registered assigns, the principal sum of $ on the maturity date specified
above, with interest thereon from the date hereof at the annual rate specified above,
payable February 1 and August 1 in each year, commencing August 1, 1991, to the person in
whose name this Bond is registered at the close of business on the fifteenth day (whether or
not a business day) of the immediately preceding month. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft by
Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or
its designated successor under the Resolution described herein. For the prompt and full
payment of such principal and interest as the same respectively become due, the full faith
and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on August 1, 1992, and on any date thereafter, to prepay Bonds of
this issue. Redemption may be in whole or in part of the Bonds subject to prepayment. If
only part of the Bonds are called for prepayment the specific Bonds to be prepaid will be
chosen by lot by the Registrar. Prepayments will be at a price of par plus accrued interest.
The City Council has designated the Bonds as "qualified tax exempt obligations" within
the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the
Code) relating to disallowance of interest expense for financial institutions and within the
$10 million limit allowed by the Code for the calendar year of issue.
Additional provisions of this Bond are contained on the reverse hereof and those
provisions have the same effect as though fully set forth in this place.
This Bond will not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon has
been executed by the Bond Registrar by manual signature of one of its authorized
representatives.
IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the
Mayor and City Clerk- Treasurer and has caused this Bond to be dated as of the date set
forth below.
Dated: August _, 1990
(facsimile)
CITY OF LINO LAKES, MINNESOTA
(facsimile)
City Clerk- Treasurer Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
Authorized Representative
[Reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of $1,015,000 all of like
original issue date and tenor, except as to number and denomination, issued pursuant to a
resolution adopted by the City Council on August 13, 1990 (the Resolution), for the
purpose of providing money to temporarily defray the expenses incurred and to be incurred
in making local improvements, pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal
hereof and interest thereon are payable primarily from special assessments against property
specially benefited by local improvements, as set forth in the Resolution to which reference
is made for a full statement of rights and powers thereby conferred. The full faith and
credit of the City are irrevocably pledged for payment of this Bond and the City Council has
obligated itself to issue and sell definitive or additional temporary bonds to redeem the
Bonds and to levy taxes on all of the taxable property in the City in the event of any
deficiency in special assessments pledged, which taxes may be levied without limitation as
to rate or amount. The Bonds of this series are issued only as fully registered Bonds in
denominations of $5,000 or any integral multiple thereof.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar,
by the registered owner hereof in person or by the owner's attorney duly authorized in
writing upon surrender hereof together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may
also be surrendered in exchange for Bonds of other authorized denominations. Upon such
transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the
transferee or registered owner, of the same aggregate principal amount, bearing interest at
the same rate and maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this
Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the City nor the Bond
Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota and
the City's home rule charter to be done, to exist, to happen and to be performed
preliminary to and in the issuance of this Bond in order to make it a valid and binding
general obligation of the City in accordance with its terms, have been done, do exist, have
happened and have been performed as so required, and that the issuance of this Bond does
not cause the indebtedness of the City to exceed any constitutional, statutory or charter
limitation of indebtedness.
(Form of certificate to be printed on the reverse side of each Bond, following a full
copy of the legal. opinion.)
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1 certify that the above is a full, true and correct copy of the legal opinion rendered by
bond counsel on the issue of Bonds of the City of Lino Lakes, Minnesota, which includes
the within Bond, dated as of the date of delivery of and payment for the Bonds.
(Facsimile Signature)
City Clerk - Treasurer
The following abbreviations, when used in the inscription on the face of this Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
-- as tenants UNIF GIFT MIN ACT Custodian
in common (Cust) (Minor)
TEN COM
TEN ENT -
- as tenants
by entireties
JT TEN -- as joint tenants with
right of survivorship and
not as tenants in common
under Uniform Gifts or
Transfers to Minors
Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and
the within Bond and all rights
does hereby irrevocably constitute and appoint
transfer the said Bond on the books kept for registration of the within Bond,
of substitution in the premises.
transfers unto
thereunder, and
attorney to
with full power
Dated:
Notice: The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without alteration
or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if
this Bond is held by joint account.)
Please insert social security or
other identifying number of assignee
3.02. The City Clerk- Treasurer is directed to obtain a copy of the proposed approving
legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and to cause the opinion to be printed on each Bond,
together with a certificate to be signed by the facsimile signature of the Clerk- Treasurer in sub-
stantially the form set forth in the form of Bond. The Clerk- Treasurer is authorized and
directed to execute the certificate in the name of the City upon receipt of the opinion and
to file the opinion in the City offices.
Section 4. Payment: Security: Pledges and Covenants.
4.01. The Bonds are payable from the General Obligation Temporary Improvement
Bonds, Series 1990B Debt Service Fund (Debt Service Fund) hereby created, and special
assessments (Assessments) levied or to be levied for the improvements (Improvements)
financed by the Bonds are hereby pledged pledged to the Debt Service Fund. If any - payment
of principal or interest on the Bonds becomes due when there is not sufficient money in the
Debt Service Fund to pay the same, the Clerk- Treasurer is authorized and directed to pay
such principal or interest from the general fund of the City, and the general fund will be
reimbursed for such advances out of the proceeds of Assessments for the Improvements
when collected. There is appropriated to the Debt Service Fund all (i) capitalized interest
financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid
by the Purchaser and (iii) accrued interest paid by the Purchaser upon closing and delivery of
the Bonds.
4.02. It is determined that the Improvements to be financed by the Bonds will directly
and indirectly benefit the abutting property, and the City hereby covenants with the holders
from time to time of the Bonds as follows:
(a) The City has caused and will cause the Assessments for the Improvements
to be promptly levied and is taking all steps necessary to assure prompt collection, and
the levy of the Assessments is hereby authorized. The City Council will cause all
further actions and proceedings relative to the making and financing of the
Improvements financed hereby to be taken with due diligence that are required for the
construction of each Improvement financed wholly or partly from the proceeds of the
Bonds, and for the final and valid levy of the Assessments and the appropriation of any
other funds needed to pay the Bonds and interest thereon when due.
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(b) In the event of a current or anticipated deficiency in the Assessments, the
City Council will levy ad valorem taxes in the amount of the deficiency.
(c) The City will keep complete and accurate books and records showing:
receipts and disbursements in connection with the Improvements, Assessments levied
therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, moneys on hand and, the balance of unpaid Assessments.
(d) The City will cause its books and records to be audited at least annually
and will furnish copies of such audit reports to any interested person upon request.
4.03. It is determined that the estimated collections of Assessments and interest
thereon for payment of principal and interest on the Bonds will produce at least five percent
in excess of the amount needed to meet when due, the principal and interest payments on
the Bonds and that no tax levy is needed at this time.
4.04. The City Clerk- Treasurer is directed to file a certified copy of this resolution
with the County Auditor of Anoka County, and to obtain the certificate required by
Minnesota Statutes, Section 475.63.
4.05. In accordance with its statutory duties under Minnesota Statutes, Section
429.091, Subdivision 5, the City covenants and agrees with the holders of the Bonds that if
the Bonds cannot be paid at maturity from the proceeds of the Assessments or from other
funds appropriated by the City Council, the Bonds will be paid from the proceeds of
definitive or additional temporary bonds that will be issued and sold prior to the maturity
date of the Bonds.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to
the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and
records of the City relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be required to show the
facts within their knowledge or as shown by the books and records in their custody and under
their control, relating to the validity and marketability of the Bonds and such instruments,
including any heretofore furnished, may be deemed representations of the City as to the
facts stated therein.
5.02. The Mayor, City Clerk- Treasurer and City Administrator are authorized and
directed to certify that they have examined the Official Statement prepared and circulated
in connection with the issuance and sale of the Bonds and that to the best of their knowledge
and belief the Official Statement is a complete and accurate representation of the facts and
representations made therein as of the date of the Official Statement.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any
action which would cause the interest on the Bonds to become subject to taxation under the
Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause
its officers, employees or agents to take, all affirmative action within its power that may be
necessary to ensure that such interest will not become subject to taxation under the Code
and applicable Treasury Regulations, as presently existing or as hereafter amended and
made applicable to the Bonds.
6.02. (a) The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds under
Section 103 of the Code, including without limitation requirements relating to temporary
periods for investments, limitations on amounts invested at a yield greater than the yield on.
the Bonds, and the rebate of excess investment earnings to the United States if the Bonds
(together with other obligations reasonably expected to be issued in calendar year 1990)
exceed the small- issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City hereby finds, determines and declares that the aggregate face
amount of all tax- exempt bonds (other than private activity bonds) issued by the City (and
all subordinate entities of the City) during the calendar year in which the Bonds are issued
and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the
meaning of Section 148(f)(4)(C) of the Code.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be
"private activity bonds" within the meaning of Sections 103 and 141 through 150 of the
Code.
6.04. In order to qualify the Bonds as "qualified tax- exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements
and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City hereby designates the Bonds as "qualified tax - exempt obligations"
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax - exempt obligations (other than
private activity bonds, treating qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all subordinate entities of the City) during
calendar year 1990 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar
year 1990 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
Section 7. Payment of Prior Bonds.
7.01. The City Clerk- Treasurer is directed, immediately upon closing and delivery of
the Bonds, to remit the sum of $1,643,500 which includes the amount of $809,138 of
proceeds of the Bonds, to Marquette Bank Minneapolis, N.A. in Minneapolis, Minnesota for
payment in full of the outstanding principal of and interest on the City's $1,650,000 General
Obligation Temporary Improvement Bonds, Series 1987A (Prior Bonds) which mature on
September 1, 1990.
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The motion for the adoption of the foregoing resolution was duly seconded by Member
Reinert , and upon vote being taken thereon, the following voted in
favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
)SS.
I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of
Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully
compared the attached and foregoing extract of minutes of a special meeting
of the City Council of the City held on August 13, 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 officially as such Clerk- Treasurer and the corporate seal of the
City this 24th day of August, 1990.
/--,
/ el/�- L J, �-E. is c
Cit Cler Treasurer
Lino Lake , Minnesota
(SEAL)
RES33.
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Council Member Bohjanen introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 51 - 90
RESOLUTION FOR PARTIAL VACATION OF BLACK DUCK DRIVE AND
RESOLUTION FOR VACATION OF DRAINAGE AND UTILITY EASEMENTS
EACH RESPECTIVELY DEDICATED IN THE PLAT RESHANAU PARK ESTATES
IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA
WHEREAS: the ordinances of the City of Lino lakes provided
that the City Council may, by resolution, vacate
any street, alley, public grounds or public way or
any part thereof, when it appears in the interest
of the public to do so; and
WHEREAS: the City of Lino Lakes has a utility easement over
Outlot A, Outlot B, Outlot C and Outlot D, RESHANAU
PARK ESTATES;
Black Duck Drive was dedicated in the plat RESHANAU
PARK ESTATES, Anoka County, Minnesota; and
a public hearing pursuant to notice given as
required by law was held on the 13th day of August,
1990; and
it has been determined that good area planning
requires certain easements be vacated and that it
is in the public interest to do so.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES:
1. RESOLVED, that the following portion of Black Duck Drive
as dedicated in the plat RESHANAU PARK ESTATES, Anoka
County, Minnesota be vacated:
That part of Black Duck Drive as dedicated on the plat
of RESHANAU PARK ESTATES, according to the plat of
record thereof, Anoka County, Minnesota, 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; then 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
WHEREAS:
WHEREAS:
WHEREAS:
PAGE 1
RESOLUTION NO. 51 - 90
a central angle of 28 degrees 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 point
of beginning; thence North 72 degrees 05 minutes 34
seconds East, a distance of 60 feet to the northeasterly
line of said Black Duck Drive and said line there
terminating.
2. RESOLVED, that the vacation of the portion of Black Duck
Drive shall be subject to a reservation to the City of
Lino Lakes for street and utility purposes over and
across the following portion of the vacated roadway;
That part of Black Duck Drive as dedicated on the plat
of RESHANAU PARK ESTATES, according to the plat of
record thereof, Anoka County, Minnesota, 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, 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 point
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.
3. RESOLVED, that the following drainage and utility
easements as dedicated in the plat RESHANAU PARK ESTATES
shall be vacated:
The 10.00 foot wide 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.
4. A certified copy of this resolution shall be prepared by
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RESOLUTION NO. 51 - 90
the City Clerk and shall be a notice of completion of
the proceedings and shall be recorded in accordance with
the provisions of Minn. Stat. 412.851.
Whereupon the foregoing resolution were adopted this 13th day
of August, 1990
/% (Lh�: i�J C� i
Marilyn Gf' Anderson, Clerk- Treasurer
The motion for 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.
Council Member Bohjanen introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 35 — 90
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR WOODRIDGE ESTATES,
ROHAVIC OAKS, II AND SURROUNDING AREAS
WHEREAS: contracts have been awarded for improvement of
Woodridge Estates, Rohavic Oaks II and adjacent
area (sanitary sewer, watermain, streets and
drainage) and the contract price for such
improvement is $634,231.27 and the expenses
incurred or to be incurred in the making of such
improvement amount to $264,897.66, and
WHEREAS: it is the policy of the City of Lino Lakes to add
area charges and unit charges and trunk charges to
the assessment for said improvements, said area
charges amount to $142,248.17, said unit charges
amount to $219,000.00, said storm trunk charges
amount to $74,448.08, said sanitary sewer trunk
charges amount to $49,290.00 and said water main
trunk charges amount to $4,500.00 so that the total
cost of the improvement will be $1,388,615.18.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid
by future connections is hereby declared to be
$285,630.85 and the portion of the cost to be assessed
against benefited property owners is declared to be
$1,028,484.10.
2. Assessments shall be payable in equal annual
installments extending over a period of fifteen (15)
years, the first installments to be payable on or before
the first Monday in January, 1991, and shall bear
interest at the rate of nine and five tenths (9.5 %) per
cent per annum from the date of the adoption of the
assessment resolution.
3: The City Clerk, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be
specially assessed for such improvement against every
assessable lot, piece or parcel of land within the
district affected, without regard to cash valuation, as
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RESOLUTION NO. 35 — 90
PAGE —2—
provided bylaw, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 13rd day of August, 1990.
lj fiC) d-/-7c(7A1A2
Mar lyn' Anderson, Clerk-
Treasurer
Harold L. Bisel, Mayor
The motion for the adoption of the foregoing resolution was
duly-seconded by Council Member Neal upon vote being
taken thereon, the following voted in favor: Neal, Kuether,
Reinert, Bisel, Bohjanen.
The following voted against same: None
Whereupon the resolution was declared duly passed and
adopted.
PAGE 2
Council Member Neal introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 38 - 90
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR
BRANDYWOOD ESTATES
WHEREAS: a resolution of the City Council adopted the 14th
day of May, 1990, fixed a date for a Council
hearing on the following described improvement:
BRANDYWOOD ESTATES
WHEREAS: published and mailed notice of the hearing as
required by the Lino Lakes City Charter was given
and a hearing was held thereon on the llth day of
June, 1990, at which all persons desiring to be
heard were given an opportunity to be heard
thereon,
AND WHEREAS: the petitioner for the improvement has
petitioned that fifty (50) of the sixty (60) days
waiting period required in Section 8.04, Subd. 1 of
Chapter 8 of the Lino Lakes City Charter, be
reduced to ten (10) days,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES:
1. The improvement is
Council resolution
2. Dan Boxrud, SEH is
this improvement.
specifications for
hereby ordered as proposed in the
adopted the 14th day of May, 1990.
hereby designated as the engineer for
He shall prepare plans and
the making of such improvement.
Adopted by the Council this 13th day of A • st, 1990.
Marilyn
Haro • L. Bise', Mayor
Anderson, Clerk - Treasurer
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Resolution No. 38 - 90
Page -2-
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 same: None
Where upon said resolution was declared duly passed and
adopted.
Council Member Bohjanen introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 39 - 90
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR
PHEASANT HILLS PRESERVE
WHEREAS: a resolution of the City Council adopted the 14th
day of May, 1990, fixed a date for a Council
hearing on the following described improvement:
PHEASANT HILLS PRESERVE
WHEREAS: published and mailed notice of the hearing as
required by the Lino Lakes City Charter was given
and a hearing was held thereon on the llth day of
June, 1990, at which all persons desiring to be
heard were given an opportunity to be heard
thereon,
AND WHEREAS: the petitioner for the improvement has
petitioned that fifty (50) of the sixty (60) days
waiting period required in Section 8.04, Subd. 1 of
Chapter 8 of the Lino Lakes City Charter, be
reduced to ten (10) days,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES:
1. The improvement is
Council resolution
2. Dan Boxrud, SEH is
this improvement.
specifications for
hereby ordered as proposed in the
adopted the 14th day of May, 1990.
hereby designated as the engineer for
He shall prepare plans and
the making of such improvement.
Adopted by the Council this 13th day of August, 1990.
Harold L. Bisel, Mayor
G. Anderson, Clerk- Treasurer
37
Resolution No. 39 - 90
Page —2-
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
Where upon said resolution was declared duly passed and
adopted.
Council Member Reinert
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 50 - 90
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR
WHITE TAIL RIDGE
WHEREAS: a resolution of the City Council adopted the 14th
day of May, 1990, fixed a date for a Council
hearing on the following described improvement:
WHITE TAIL RIDGE
WHEREAS: published and mailed notice of the hearing as
required by the Lino Lakes City Charter was given
and a hearing was held thereon on the llth day of
June, 1990, at which all persons desiring to be
heard were given an opportunity to be heard
thereon,
AND WHEREAS: the petitioner for the improvement has
petitioned that fifty (50) of the sixty (60) days
waiting period required in Section 8.04, Subd. 1 of
Chapter 8 of the Lino Lakes City Charter, be
reduced to ten (10) days,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES:
1. The improvement is
Council resolution
2. Dan Boxrud, SEH is
this improvement.
specifications for
hereby ordered as proposed in the
adopted the 14th day of May, 1990.
hereby designated as the engineer for
He shall prepare plans and
the making of such improvement.
Adopted by the Council this 13th day of Au
st, 1990.
Harold L. Bisel, Mayor
.Anderson, J Clerk- Treasurer
1
ti.
Resolution No. 50 - 90
Page -2-
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Bohjanen and upon vote
being taken thereon, the following voted in favor thereof:
Neal, Bisel, Reinert, Bohjanen.
The following voted against same: None, Kuether was absent during the vote.
Where upon said resolution was declared duly passed and
adopted.
Council Member Reinert introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 52 - 90
RESOLUTION ACCEPTING BIDS FOR 1990 SEAL COATING IMPROVEMENTS
WHEREAS: pursuant to an advertisement for bids for the 1990
Seal Coating Improvement, bids were received,
opened and tabulated according to law, and the
following bids were received complying with the
advertisement:
NAME & ADDRESS AMOUNT OF BID
Allied Blacktop
10503 - 89th Avenue N.
Maple Grove, Mn. 55369
Asphalt Surface
Technical. Corp
P. O. Box 1025
St. Cloud, Mn. 56302
Omann Brothers
29577 - 109th Avenue N.
Hanover, Mn. 55445
Base Bid $41,899.00
Alternate 45,463.00
Base Bid $49,000.00
Alternate 53,400.00
Base Bid $53,900.00
Alternate 53,900.00
AND WHEREAS, it appears that Allied Blacktop, 10503 - 89th
Avenue North, Maple Grove, Minnesota is the _
lowest responsible bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. The Mayor and the Clerk are hereby authorized and
directed to enter into the attached contract with Allied
Blacktop, Maple Grove, Minnesota for the 1990 Seal
Coating Improvement according to the plans and
specifications therefor approved by the City Council and
on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with
their bids, except that the deposits of the successful
bidder and the next lowest bidder shall be retained
until a contract has been signed.
Adopted by the Lino Lakes City Council this 13th day of
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August, 1990.
Harold L. Bisel, Mayor
Marti yn nderson, Clerk- Treasurer
The motion for the adoption the adoption of the foregoing
resolution was duly seconded by Council Member Bohjanen and
upon vote being taken thereon, the following voted in favor
thereof: Neal, Bisel, Reinert, Bohjanen.
The following voted against same: None, Council Member
Kuether was absent during the voting.
Whereupon said resolution was declared duly passed and
adopted.
Council Member Reinert introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 53 - 90
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF REPORT - 66TH STREET (DARLA LOWELL)
BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA:
1. A certain petition requesting the improvement of 66th
Street, filed with the Council on June 20, 1990, is
hereby declared to be signed by the required percentage
of owners of property affected thereby. This
declaration is made in conformity to Minnesota Statutes,
Section 429.035.
2. The petition is hereby referred to Dan Boxrud, SEH and
he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible
and as to whether it should best be made as proposed or
in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Adopted by the Council this 13th day o A•gust, 1990.
Harold L. Bisel, Mayor
P`4 r lynjG 'Anderson, C erk -Treasurer
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Bohjanen and upon vote
being taken thereon, the following voted in favor thereof:
Neal, Bisel, Reinert, Bohjanen, Council Member Kuether was absent.
The following voted against same: None
Whereupon said resolution was declared duly passed and
adopted.
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Council Member Reinert
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 54 - 90
RESOLUTION TRANSFERRING FUNDS FROM THE SEWER -AND WATER
ENTERPRISE FUND TO THE CONNECTION AND AREA CHARGE CAPITAL
PROJECT FUND
WHEREAS: the rate increase adopted by the City of Lino Lakes
in June of 1988 anticipated a transfer of funds
from the Sewer and Water Enterprise Fund to the
Connection and Area Charge Capital Project Fund,
WHEREAS: the 1987 and 1989 bond sales projected revenue from
a combination of connection fees, trunk area
assessments and service charges,
WHEREAS: Resolution No. 01 - 88 established a Connection and
Area Charge Capital Project Fund,
WHEREAS: Resolution No. 31 - 88 became effective with the
second quarter billing in 1988,
WHEREAS: the City Clerk and City Engineer have determined
that the amount to be transferred from the Sewer
and Water Enterprise Fund to the Connection and
Area Charge Capital Project Fund for 1988 is
$11,925.00, for 1989 is $29,320.00 and for the
first half of 1990 is $19,200.00.
WHEREAS: the City's Fiscal Agent and the City's Auditor have
recommended that a transfer be made each quarter
from the Sewer and Water Enterprise Fund to the
Connection and Area Charge Capital Project Fund,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. That the amount of $60,445.00 be transferred from the
Sewer and Water Enterprise to the Connection and Area
Charge Capital Project Fund.
2. The effective date of the transfer shall be June 30,
1990.
3. The City Clerk Shall prepare a quarterly Tabulation of
Sewer and Water Users, compute the amount to be
transferred from the Sewer and Water Enterprise Fund to
the Connection and Area Charge Capital Project Fund and
RESOLUTION NO. 54 - 90
Page -2-
prepare a resolution for the said transfer for approval
by the Lino Lakes City Council.
Adopted by the Lino Lakes City Council this 13th day of
August, 1990.
. / �t ' !may - e,- -4-
Ma-ilyn,G. Anders Clerk Treasurer
Harold L. Bisel, Mayor
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Bohjanen 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 passed and adopted.
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Council Member Bohjanen introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 55 - 90
RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE
CHOMONIX GRAVITY TRUNK SEWER IMPROVEMENT
WHEREAS, pursuant to a resolution of the Council adopted on
May 29, 1990 with reference to the Chomonix Gravity
Trunk Sewer Improvement and this report was
received by the Council on August 13, 1990,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The Council will consider the improvement of the
Chomonix Gravity Trunk Sewer in accordance with the
report and the assessment of benefited 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 $1,148,880.00.
2. A public hearing shall be held on such proposed
improvement on the 24th day of September, 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 improvements as required by law.
Adopted by the Lino Lakes City Counci) this 13th day of
August, 1990.
Harold L. Bisel, Mayor
rjlyn(. Anderson,
The motion for 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.
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RESOLUTION NO. 55 - 90
Page -2-
The following voted against same: none.
Whereupon said resolution was declared passed and adopted.
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