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HomeMy WebLinkAbout08/13/1990 Council Minutes (2)1 1 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 PAGE 1 ; ;) 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. PAGE 2 1 1 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 3 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 4 1 1 1 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 _ 1- •n^ 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 PAGE 5 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 6 1 1 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 7 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 8 1 1 1 1 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 9 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 10 1 1 1 COUNCIL MEETING AUGUST 13, 1990 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 PAGE 11 2 COUNCIL MEETING AUGUST 13, 1990 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. PAGE 12 1 1 1 1 COUNCIL MEETING AUGUST 13, 1990 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.) 1 1 1 1 ': tol 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. 1 1 1 1 (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. 1 1 1 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. 1 1 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 PAGE 2 1 1 1 1 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 PAGE 1 1 1 1 1 1 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 1 • 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 1 1 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. 1 1 1 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. 1 1 1 1 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. ',rJ 5 6 RESOLUTION NO. 55 - 90 Page -2- The following voted against same: none. Whereupon said resolution was declared passed and adopted. 1