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HomeMy WebLinkAbout12/10/1990 Council Minutes1 1 1 COUNCIL MEETING DECEMBER 10, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 6:30 P.M., Monday, December 10, 1990. Council Member present: Neal, Kuether, Bohjanen. Council Members absent: Reinert. City Attorney, Bill Hawkins; Engineer's, Darrell Schneider and Dan Boxrud; Planner, John Miller; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Council Work Session, August 20, 1990 - Council Member Bohjanen moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried unanimously. Regular Council Meeting, November 26, 1990 - Council Member Neal moved to approve these minutes as present. Council Member Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS November 29, 1990 - Council Member Kuether moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Council Member Neal asked about the disbursement to SEH under the Municipal Department and the Public Works Department. He noted that the amount is nearly the same and asked if a billed was divided exactly in half. Mr. Schumacher said the disbursement was correct and the bill was divided in half. Voting on the motion, motion carried unanimously. December 10, 1990 - Council Member Neal moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Mayor Bisel asked what control does the City have over the expense for Cellular One car phones. Mr. Schumacher explained this expense is monitored monthly. He also noted that this is not a large expense and does save time for both the officers and the supervisory persons in Public Works and Parks. Voting on the motion, motion carried unanimously. Centennial Fire Department - Council Member Bohjanen moved to approve these disbursements as presented. Council Member Neal seconded the motion. Council Member Neal asked about the disbursement for Twin City Garage Door. He said he felt that this may be considered a building repair item that should have been the responsibility of the City not the Fire District. Mr. Schumacher will call Chief Bennett to follow up on this matter. PAGE 1 118 119 COUNCIL MEETING DECEMBER 10, 1990 Voting on the motion, motion carried unanimously. OPEN MIKE No one appeared under Open Mike. ENGINEER'S REPORT SECOND READING, Ordinance No. 18 - 90, Dan Boxrud - Mr. Boxrud noted that this matter was presented in detail at the November 26, 1990 regular Council meeting. He highlighted the key points: water courses will be contained in easements upon private lots, the buildable lot size shall remain the same which is exclusive of the watercourse, owner has fee title to the watercourse, City has easement for maintenance purposes. Council Member Bohjanen moved to adopt the second reading of Ordinance No. 18 - 90. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 18 - 90 can be found at the end of these minutes. Preliminary Plat Approval, Outlot F, Darrell Schneider - Mr. Schneider explained that this is a continuation of the matter that was heard at the November 26, 1990 Council meeting. He presented a memorandum to the Council outlining a meeting he held with some of the residents around Outlot F. It now appears that an agreement has been reached regarding the drainage swales that will be constructed on the Outlot. The swales will be constructed with a small bulldozer and care will be taken to remove as few trees and vegetation as possible and leave the Outlot in as nearly the same condition as possible. Access to the Outlot for construction equipment will probably be through the easement to the north of 6721 Partridge Place. The City will have to maintain an entry to Outlot F so future maintenance can be provided. Mr. Schneider explained that a number of residents asked if they could wait to purchase their portion of Outlot F until after all of the drainage construction and reconstruction has been completed. Mr. Schneider recommended that the Council approve this request. Mayor Bisel expressed concern that there may be portions of Outlot F that may never be purchased by the surrounding property owners and then the City would be left with little Outlots to maintain. Mr. Schneider explained that the immediate adjoining property owner will be offered the first chance to purchase a portion of Outlot F. If he refuses, it is possible that the adjoining neighbor may want to purchase the unwanted portion. Thirty five (35) parcels are being platted and it is possible that some may never be purchased. The City has PAGE 2 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 10, 1990 commitment for twenty six (26) of the parcels. Mr. Hawkins noted that the City cannot force a resident to purchase a parcel. Council Member Bohjanen asked if it would be wiser for the City to retain ownership of the entire Outlot and use it for park purposes. Mr. Schumacher explained that this entire matter had been presented to the Park Board several years ago, and because of the configuration of the Outlot, the Park Board was not interested in the Outlot. Mr. Schumacher explained that it does not make sense for the City to retain ownership because of the liability concern and because the City would be responsible for removing rubbish and settling neighbor disputes. Council Member Neal noted that the Park Board has changed in the last three (3) years and possibly they may now consider it for use as a tot lot. Mr. Schumacher explained that the residents wanted to buy portions of the Outlot to provide a buffer to their property. They did not want a park in their back yard. Mr. Schumacher explained that what the City is doing is consistent with what the residents want. Mr. John Mooney, 6750 East Shadow Lake Drive explained that nobody objects to buying a parcel of the Outlot. However, some residents are concerned about the runoff and possible flooding in the spring. The residents want to see the Outlot maintained as natural as possible. There was further discussion regarding when the swales could be constructed. It was noted that it is not possible to predict the weather making it difficult to start construction at this time. Council Member Bohjanen moved to approve the preliminary plat of Outlot F. Council Member Kuether seconded the motion. Cheryl Bussen, 6719 Partridge Place explained that the restrictive covenants do not allow for the construction of dog kennels or fences on the Outlot. She asked if the structures presently located on the Outlot will be removed. She also asked for clarification as to how the restrictive covenants will be enforced. It was explained that it is up to the residents to report all infractions to the City. Mr. Hawkins said that generally the City does not allow any structures on easements because they must be removed if maintenance is to be completed. If any structure is constructed on the easement, the owner must be aware that the City could remove it at any time. Mrs. Bussen asked if she could build a kennel although they realize that it could be removed at any time. Mr. Hawkins explained that the Council will have to enact a policy at the beginning of this platting process. The policy should state if structures will be allowed or if they will not be allowed. The policy should state that if structures are allowed, the resident must be aware that they can be removed if the City has to correct a drainage PAGE 3 120 121 COUNCIL MEETING DECEMBER 10, 1990 problem. At this time, any structure on the Outlot is in violation of the City Code. Mr. Schumacher explained that if the Council is going to allow structures, the restrictive covenants will have to be amended. Mr. Schumacher will do some research to determine what structures are currently on the Outlot and bring this information back to the Council the first meeting in January with the final plat. On a roll call vote, motion carried unanimously. Terminating Chomonix Trunk Sewer Improvement, Resolution No. 81 - 90 - Mr. Schneider explained that a public hearing was held for the Chomonix Trunk Sewer Improvement on September 24, 1990. The public hearing was closed and the sixty (60) day waiting began at that time. During the sixty (60) day waiting period, a petition was received signed by a majority of the property owners asking that their properties be removed from the improvement area. The affect of this petition is to terminate the improvement as outlined during the public hearing. In addition, at the November 13, 1990 Council meeting, the Council authorized a study for a sewer trunk line reduced in scope to minimize the impact to the areas petitioning to be left out of the original Chomonix Trunk Improvement. The adoption of Resolution No. 81 - 90 which was included in the Council packet will formally terminate the Chomonix Trunk Sewer Improvement. Council Member Bohjanen moved to adopt Resolution No. 81 - 90. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 81 - 90 can be found at the end of these minutes. Receiving Report and Calling Hearing On Reshanau Lake Trunk Sewer, Resolution No. 82 - 90 - Mr. Schneider explained that on November 13, 1990 the Council ordered a study for an improvement reduced in scope to minimize service to those areas petitioning to be left out of the Chomonix Trunk Sewer Improvement. There have been significant developments in the area (Birchwood Ponds, PineRidge and the Centennial School project) providing an alignment for the trunk lines within the plats and on the school property. This would eliminate the need to purchase additional right -of -way for the trunk line. A financing plan has also been developed. It was critical to look at wetlands and street right - of -way areas for additional assessment income to support the improvement. Mr. Schneider said that there were not adequate areas for assessment without using street right -of -way. He noted that the improvement will allow at least two (2) lift stations to be discontinued and this is recognized in the revenue area. Mr. PAGE 4 1 1 1 1 1 COUNCIL MEETING DECEMBER 10, 1990 Schneider explained that he and Mr. Schumacher will be meeting later this week with David MacGillivray to review the finance portion of this improvement. Mr. Schneider noted that he has been meeting with the Metropolitan Waste Control staff to keep them informed regarding the needs and plans of the City. They are preparing a Facilities Study which will be completed in 1991. Mr. Schneider is planning to meet with the Metropolitan Council staff and the Metropolitan Waste Control staff on December 18, 1990 to look at the Laurene Avenue lift station. Upgrading of this lift station is critical to the proposed trunk sewer line. Mr. Schneider said he will be asking for monthly flow reports from Metro Waste Control so Lino Lakes can see the savings created by the work the maintenance people in Lino Lakes did this year. Council Member Bohjanen moved to adopt Resolution No. 82 - 90 and asked that it be read by the Clerk. Council Member Neal seconded the motion. The Clerk read the resolution. Mr. Schumacher noted that including street right -of -way as part of the assessment area will require an amendment to the Assessment Policy. Mr. Schneider explained that this change is needed in this project and in further projects to provide enough funding. Otherwise the rate will have to be raised approximate 20 %. Mr. Schneider said this change will force developers to be more efficient in using their property. It will encourage efficient design. Mr. Schneider explained that most cities do include street right -of -way in the assessable area. Mr. Schneider used the overhead projector and outlined Sewer District No. 1. He noted areas that will probably need lift stations. He also noted that he has made preliminary cost estimates for providing sewer to all of this district. Mayor Bisel asked that an amendment to the Assessment Policy be prepared and brought to the next Council meeting. It can be adopted by a resolution at that time. Voting on the motion, motion carried unanimously. Resolution No. 82 - 90 can be found at the end of these minutes. Receiving Report and Calling Hearing on 66th Street Improvement, Resolution No. 83 - 90 - Mr. Boxrud presented this improvement on the overhead projector. He noted the location of the improvement and explained that Mark and Darla Lowell have received preliminary minor subdivision approval for four (4) lots contingent upon the completion of the easterly portion of this street. Mr. Boxrud also noted that the name of the street may be PAGE 5 X22 123 COUNCIL MEETING DECEMBER 10, 1990 changed. Aerial topographical maps of the area indicate that there are some wetlands in the right -of -way area as the right -of -way approaches Otter Lake Road. Mr. Boxrud showed two different alternate routes to Otter Lake Road. He also noted that the westerly portion of this street will be more costly to construct. Street lighting will consist of one (1) street light at Bald Eagle Blvd. and 66th Street. Drainage will collect and run to the north. The street was originally planned as a collector street. The plan presented this evening is for a residential street because there is some uncertainty as to when the westerly portion will be constructed. He noted that the area is at the southerly end of an urban service district. It may be a long time before any urban development reaches this street. Mr. Boxrud noted that the present right -of -way would allow the street to be widened to a collector street status in the future when there is a need. The total cost of the street is $160,600.00. Both sides of the street are proposed to be assessed. Zoning requirements will allow the property to the north to be subdivided into two and one half (2 1/2) acre lots. Although there is wetland on the property to the north, each lot has buildable areas. Mr. Boxrud described the proposed construction of the street including the need to surcharge a portion of the street and the construction schedule. Mayor Bisel noted that Mrs. Lowell was in the audience. However, if the Council accepted the engineer's report tonight a public hearing would be set for January 14, 1991. Testimony would be accepted at that public hearing. Mrs. Lowell explained that she had paid for the report, however, no one had told them what type of street should be constructed in that area. She noted several streets in the area constructed without concrete curb and gutter and asked what such items would be included in this street construction project. Mrs. Lowell said she felt she had been fair and reasonable and noted that the Council has varied street requirements in the past. Mayor Bisel explained that the Council must follow procedure since this improvement will be governed by state statute and the City Charter. The Council must act to accept the feasibility report first. Mrs. Lowell said that they are asking to lesser road requirements. Council Member Bohjanen moved to adopt Resolution No. 83 - 90 and PAGE 6 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 10,1990 set the public hearing for January 14, 1991. Council Member Kuether seconded the motion. Mr. Hawkins told the Council that once the project is started, the Council has the ability to reduce the scope of the project. On a roll call vote, motion carried unanimously. Resolution No. 83 - 90 can be found at the end of these minutes. PUBLIC HEARING, COMPREHENSIVE PLAN AMENDMENTS Mr. Miller explained that the City has made several changes in its land use and development policies over the last three years. These changes include: 1) creation of the executive housing areas, 2) approval of the business reserve area adjacent to I- 35E, 3) elimination of new pole barn construction in industrial and commercial areas, 4) rezoning of additional industrial areas adjacent to the freeway interchange, 5) creation of trail requirements in residential developments, and 6) adjustments and expansion of the MUSA boundaries. A major plan amendment is required to update the Lino Lakes Comprehensive Land Use Plan. Mr. Miller noted that the Council is now better informed regarding land use issues. The Council has adopted several policies to control growth in the City, to control housing stock and lot inventory. In essence, the City Council has established a growth rate for the City. Mr. Miller explained the areas where he has worked with developers and cited "Builder's Day" as an example. He also noted the development of several documents and a video that aid builders and developers who wish to locate in Lino Lakes. Mr. Miller noted the creation of the executive housing districts and told the Council that Lino Lakes has the second highest property values in Anoka County. Park dedication requirements were also revised and provisions were made for trail dedications within each new subdivision. There has been more citizen involvement with the development issues in the City. There have been many neighborhood meetings about development within the particular neighborhood. Mr. Miller noted the research by the Economic Development Committee into the industrial /commercial needs of Lino Lakes. As a result, Lino Lakes is in a much better position than it was in 1987. Mr. Miller explained that he has been working with Metro Council to eliminate that two and one half (2 1/2) acre lots which would bring Lino Lakes into compliance with Metro Council guidelines. An excellent working relationship has been established with Metro Council and Metro Waste Control Commission. Mr. Miller noted that the Comprehensive Land Use Plan dated 1987 PAGE 7 124 125- COUNCIL MEETING DECEMBER 10, 1990 was developed by consultants at a cost of about $30,000.00. He explained that he has developed the draft amendments in his "off time" and said he believed the adoption of the amendments will make the Comprehensive Land Use Plan a much better plan. Mr. Miller congratulated the Council for making hard and difficult decisions to accomplish the creation of this important document. Mayor Bisel explained that since one Council member is not present he would ask that action on the Comprehensive Plan Amendments be tabled. He said he was please with the work that has been done on this document. Mayor Bisel opened the public hearing at 8:22 P.M. There was no one in the audience to speak for or against the plan. Council Member Neal moved to close the public hearing at 8:23 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. It was noted that Council Member Kuether had not received her copy of the Comprehensive Plan Amendment. Mr. Schumacher explained the action tonight would be to direct the staff to submit the plan to Metro Council for review. The Council will be able to direct further input to the plan during the ninety (90) review process. Council Member Bohjanen noted that Metro Council has come along way and has stepped back and allowed city council's to do what they are suppose to do. Council Member Bohjanen moved to adopt Option No. 3 and direct the staff to submit the plan amendment to the Metropolitan Council for review and keep avenues open for further input. Council Member Kuether seconded the motion. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. PUBLIC HEARING, VACATION OF EASEMENTS IN PARKVIEW ESTATES, RESOLUTION NO. 80 - 90 Mr. Hawkins explained that utility and drainage easements were provided to the City by Margaret Strauss prior to the platting of Parkview Estates. When Parkview Estates was platted easements were dedicated and these easements were used to locate trunk water and sewer utilities. Therefore, it has been determined that most of the easements dedicated by Mrs. Strauss are not needed and should be vacated. Adoption of Resolution No. 85 - 90 will complete this matter. Mayor Bisel opened the public hearing at 8:30 P.M. There was no one in the audience to speak for or against this matter. Council PAGE 8 1 1 1 1 1 1 COUNCIL MEETING DECEMBER 10, 1990 Member Bohjanen moved to close the public hearing at 8:30 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to adopt Resolution No. 80 - 90 vacating certain easements dedicated by Margaret Strauss. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. ATTORNEY'S REPORT Consideration of Sale of Certificate of Indebtedness, Resolution No. 85 - 90 Mr. Hawkins explained that he was directed by the Council to solicit bids for the sale of the 1990 Certificate of Indebtedness. This Certificate is needed to purchase capital equipment listed in the 1991 Budget. Three (3) bids were solicited and two (2) were received. One (1) bid was from the Firstar Bank of Stillwater and the second was from the First National Bank of Anoka. The Firstar bid is the lowest. This bid is within five (5) basis points of the bids received last year. Mr. Hawkins recommended that the Council accept the bid from Firstar Bank Stillwater. Council Member Bohjanen moved to award the bid to Firstar Bank Stillwater. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Council Member Bohjanen asked if Certificates are routinely sold in this manner. Mr. Hawkins said yes. Public bidding is expensive and after consideration of discounts and issuance expenses, the rate is nearly the same. OLD BUSINESS Discussion of Severance Pay for Former Fire Chief - Council Member Neal asked that this matter be placed on the Agenda tonight. He provided the Council with the Fire Steering Committee minutes which deal specifically with how former Fire Chief Gay was hired. These minutes also indicated how a permanent fire chief was to be hired. At this time, former Fire Chief Gay is requesting pay for all the hours he worked although the minutes indicate he was to work thirty (30) hours per week. The Fire Steering Committee has offered him a severance pay equal to two (2) weeks pay providing he sign a document stating he will not pursue further legal action against the Fire District. Former Chief Gay alleges that the Fire District owes him an additional $15,255.00. Council Member Neal explained that Mr. Gay is pursuing this matter with the Minnesota Labor and Industry Department. Mr. PAGE 9 126 1?/ COUNCIL MEETING DECEMBER 10, 1990 Schumacher explained that the attorney for the Centennial Fire District did examine all minutes and documents and made the recommendation of severance pay. The Steering Committee is following this recommendation. Council Member Bohjanen said he would like to find something in the minutes to substantiate Mr. Gays claim. He said he felt that two (2) weeks pay was not enough severance pay unless he was incompetent. He felt that there should be better compensation when a job is eliminated. Council Member Kuether said she felt Mr. Gay did a good job and two (2) weeks severance pay is a slap in the face. She said she felt the minutes were not clear regarding the amount of hours the former Fire Chief would be compensated for. Council Member Neal recommended that Mr. Gay pursue the matter with the State. Mr. Hawkins said Mr. Gay did have the right to pursue the matter with the State. He noted that this would be similar to a complaint of discrimination and the State would make a determination if there was probable cause. The Council will wait to see how this matter is handled by the State. NEW BUSINESS Continuation of 1991 Budget Public Hearing - This meeting is set for Wednesday, December 12, 1990 at 6:30 P.M. Council Member Bohjanen noted that he has another commitment that evening and hoped the meeting would be short. He will try to get someone else to fill his other commitment. Final Council Meeting for 1990 - The final Council meeting for 1990 was set for Thursday, December 20, 1990 at 6:30 P.M. Publication of 1991 Budget - Mr. Schumacher noted that the final figure for the 1991 Budget was published incorrectly. It is not $41,485,631.00. It should read $1,485,631.00. Budget Meeting - A budget meeting was set for Tuesday, December 11, 1990 at 4:00 P.M. Council Member Bohjanen moved to adjourn at 8:53 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on Thursday, December 20, 1990. Mar ly G. Anderson, Harold L. Bisel, Cl rk- reasurer Mayor PAGE 10 1 1 1 Council Member Bohjanen introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 18 -90 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 1001, THE SUBDTVISION AND PLATTING ORDINANCE OF THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Section 1001.02 Definitions is hereby amended as follows: DELETE: 1001.02 (12) Natural Water Way - as mentioned in this chapter shall mean any natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also means to include any and all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another. ADD: 1001.02 (12) Watercourses - As mentioned in this chapter shall mean any natural or man -made passageway on the surface of the earth so situated and having such a topographical nature that surface water stands or flows through it from other areas. The term includes ponding areas, drainage channels, swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This term does not include man -made piping systems commonly referred to as storm sewers. 1001.02 (26) Normal Water Level It is level of water in a watercourse when the watercourse is not in the process of receiving or discharging storm water runoff. The normal water level will typically be the outlet elevation of a pond, lake, or other standing water body. 1001.02 (27) High Water Level - Is the water level in a watercourse which could be predicted to occur as a result of the critical 100 -year runoff event using U.S. Department of Agriculture Soil Conser- vation Service methodology, as approved by the City. 128 i29 II. Section 1001.08 Subdivision Design Standards is hereby amended as follows: DELETE: 1001.08, Subd. 6, (4), Watercourses. Lots abut- ting upon a waterway, drainage channel, or stream shall be of sufficient size to provide an area of land equal to or greater than the minimum lot dimensions specified in the zoning chapter for the district in which lots are located. The dedicated area for such watercourses shall not be included in the lot. ADD: 1001.08 Subd. 6, (4), Watercourses. Watercourses shall be contained within abutting lots. Watercourses shall be protected by easement to the anticipated high water level (as determined by the City). Lots with easements protecting water- courses shall have sufficient dimensions and area above the normal water levels (as determined by the City) to equal or exceed the minimums specified in the zoning chapter for the district in which the lots are located. In addition, the dimensions of the portion of the lot not encumbered by easements protecting watercourses shall be no more than 10 feet less than the minimum lot dimensions required for the zoning district. Save as above amended, Section 1001 of the Lino Lakes City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this 10th Mar�ilyp -G. Anderson, Clerk - Treasurer December , 1990. 1 Ha old L. Bisel, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Bohjanen. The following voted against same: None, Council Member Reinert was absent. Whereupon the ordinance was declared passed and adopted. 1 1 1 1 1 Council Member Bohjanen and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 81 - 90 RESOLUTION TERMINATING THE PROPOSED IMPROVEMENT PROJECT DESCRIBED AS CHOMONIX TRUNK SEWER WHEREAS: the City Council received a feasibility report on a proposed improvement named "Chomonix Trunk Sewer Improvement" dated August 13, 1990, and WHEREAS: a public hearing on the proposed improvement was held at the city hall on September 24, 1990 and all persons desiring to be heard were heard at that time, and WHEREAS: a petition has been received by the City Clerk with signatures of ten (10) of the seventeen (17) landowners requesting that they not be assessed, and WHEREAS: the City Charter requires that if a majority of the property owners file a petition against an improvement, the City shall not make such an improvement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: The improvement known as the " Chomonix Trunk Sewer Improvement" is hereby terminated. Adopted by the Lino Lakes City Council this 10th day of December, 1990. arili G.'Anderson, Clerk- Treasurer Harold L. Bisel, Mayor 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, Bohjanen. The following voted against same: None, Council Member Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 130 131 Council Member Bohjanen moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 82 - 90 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE RESHANAU LAKE TRUNK SEWER IMPROVEMENT WHEREAS, pursuant to a resolution of the Council adopted on November 13, 1990 with reference to the Reshanau Lake Trunk Sewer Improvement and this report was received by the Council on December 10, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the Reshanau Lake Trunk Sewer Improvement in accordance with the report and assessment of benefitted 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 $1,152,000.00. 2. A public hearing shall be held on such proposed improvement on the 14th day of January, 1991 in the council chambers at the city hall, 1189 Main Street Lino Lakes, Minnesota at 7:00 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 Council th s 10th day, of Dergmber, 1990. Harold L. B sel, Mayo M'ar.ily1n G. 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, Bohjanen. The following voted against same: None, Council Member Reinert was absent. Whereupon said resolution was declared passed and adopted. 1 1 1 1 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 83 - 90 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE 66TH STREET IMPROVEMENT WHEREAS, pursuant to a resolution of the Council adopted on August 13, 1990 with reference to the 66th Street improvement and this report was received by the Council on December 10, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the 66th Street in accordance with the report and assessment of benefitted 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 $160,600.00. 2. A public hearing shall be held on such proposed improvement on the 14th day of January, 1991 in the council chambers at the city hall, 1189 Main Street Lino Lakes, Minnesota 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 Council this 10th day of December, 1990. � //) Marilyn G. Anderson, Clerk - Treasurer 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, Bohjanen. Harold L. Bise , Mayor The following voted against same: None, Council Member Reinert was absent. Whereupon said resolution was declared passed and adopted. 132 133 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION FOR VACATION OF DRAINAGE AND UTILITY EASEMENTS RESOLUTION NO. 80 - 90 WHEREAS, the ordinances of the City of Lino Lakes provide 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 drainage and utility easement over property previously owned by Margaret G. Strauss, granted to the City of Lino Lakes by easement dated april 18, 1989, recorded July 3, 1989 as Document No. 855598; and WHEREAS, street, drainage and utility easements were dedicated in the plat of Parkview Estates, Anoka County, Minnesota; and WHEREAS, a public hearing pursuant to notice given as required by law was held on the 10th day of December 19 90 ; and WHEREAS, it has been determined that because of the easements dedicated in the plat of Parkview Estates that the easement granted by Margaret G. Strauss listed above 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 City of Lino Lakes does hereby vacate all right, title and interest in that certain easement granted by Margaret G. Strauss, single as grantor, to the City of Lino Lakes, grantee, dated April 18, 1989, filed for record July 3, 1989 as Document No. 855598 excepting therefrom all that . portion of said easement which lies within the street, drainage and utility easements dedicated within . the plat of Parkview Estates, Anoka County, Minnesota. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recored in accordance with the provisions of Minnesota Statutes §412.851. -1- 1 1 WHEREUPON, the foregoing resolution was adopted. ADOPTED: December 10 , 19 90 CITY OF LINO LAKES By CERTIFICATE STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF LINO LAKES) Mayor I, the undersigned, being the duly qualified and acting Clerk of the City of Lino Lakes, in Anoka County, Minnesota, do hereby certify that the attached resolution is a true and correct copy of a resolution as adopted by the City Council of the City of Lino Lakes on December 10 , 19 90 . Witnesseth officially my hand as such Clerk and the corporate seal of the City this 12th day of December 19 90 . j, City Clerk 134 135 RESOLUTION NO. 85 - 90 RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATES OF INDEBTEDNESS - 1990A WHEREAS, Minnesota Statutes, Section 412.301 and the Lino Lakes Home Rule Charter authorize the City Council to issue Certificates of Indebtedness within existing debt limits to finance the purchase of equipment; and WHEREAS, a contract will be entered into for the pur- chase of public safety equipment, road equipment, maintenance equipment and other capital equipment for the City of Lino Lakes at a total purchase price of Eighty -eight Thousand Five Hundred and no /100 ($88,500.00) Dollars; and WHEREAS, the City has sought quotations for the pur- chase of said Certificates of Indebtedness, which are on file with the City Clerk; and WHEREAS, it appears that the bid of Firstar Stillwater Bank, Stillwater, Minnesota for the purchase of such Certificates of Indebtedness is the lowest responsible bid. BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The bid of Firstar Stillwater Bank for the purchase of Eighty -eight Thousand Five Hundred and no /100 ($88,500.00) Dollars Certificates of Indebtedness is hereby accepted. 2. The City shall forthwith issue and sell five nego- tiable general obligation equipment Certificates of Indebtedness in the following amounts and dates: 1 1 1 1 6.3% for $17,500.00 Certificate due January 1, 1992 6.4% for $17,500.00 Certificate due January 1, 1993 6.5% for $17,500.00 Certificate due January 1, 1994 6.6% for $17,500.00 Certificate due January 1, 1995 6.7% for $18,500.00 Certificate due January 1, 1996 to the Firstar Stillwater Bank in the form of single typewritten fully registered Certificates of Indebtedness, bearing interest as set out herein, all interest payable on July 1, 1991, and January 1 and July 1 thereafter to maturity. Such Certificates shall mature serially on January 1 of each year commencing January 1, 1992. Such certificate shall be in substantially the follow- ing form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES No. R -1 $ 17,500.00 Equipment Certificates of Indebtedness KNOW ALL MEN BY THESE PRESENTS That the City of Lino Lakes, Anoka County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to Firstar Stillwater Bank, Stillwater, Minnesota or registered assigns, with option of prior payment, the principal sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS on the 1st day of January, 1992, in such coin or currency of the United States of 136 13/ America as at the time of payment shall be legal tender for the payment of debts due the United States of America and to pay interest on said principal sum from time to time remaining unpaid in such coin or currency at the rate of six and thirty /hundredths (6.30 %) percent per annum from the date hereof until the principal sum is paid, interest to maturity payable on July 1, 1991 and January 1, 1992. Principal and interest on this Certificate is payable at the office of the City Clerk - Treasurer in the City of Lino Lakes, Minnesota. Payments of installments of principal and the interest due thereon shall discharge the City of the obligation hereon to the extent of the payment made. Annual payments regardless of when made, shall be applied first to the interest computed to the annual installment due date and next to principal due. Other payments, from whatever source derived, shall be applied to the principal last to become due and shall not affect the obligation of the City to pay the remaining installments as scheduled herein. The Certificate is issued as a part of a total of five Certificates of Indebtedness of Eighty -eight Thousand Five Hundred and no /100 ($88,500.00) Dollars, and it is issued by the City pursuant to the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, §412.301 and the Lino Lakes Home Rule Charter, for the purpose of financing the purchase of certain equipment by the City. This Certificate may be assigned but upon such assign- ment the assignee shall promptly notify the City at the office 1 1 1 1 1 1 of the City Clerk - Treasurer by registered mail, and the assignee shall furnish the same to the City Clerk - Treasurer either in exchange for a new fully registered Certificate in the principal amount then outstanding or for transfer on the registration book kept by the Clerk - Treasurer for such purpose. IT IS HEREBY CERTIFIED AND RECITED That all acts, con- ditions, and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist, and to be performed precedent to and in the issuance of this Certificate of Indebtedness has been done, has happened, does exist, and have been performed in regular and due form, time, and manner as required by law; that prior to the issuance hereof, a direct, annual, irreparable ad valorem tax upon all the taxable property in the City has been levied for the years and in amounts at least five per cent in excess of sums sufficient to pay this Certificate and interest hereon when due, and additional taxes, if needed, will be levied upon all such property without limita- tion as to rate or amount; and this Certificate, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, The City of Lino Lakes, Anoka County, Minnesota, by its City Council has caused this Certif- icate of Indebtedness to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk with the 38 139 City Seal, all as of , 19 /s/ Marilyn Anderson /s/ Harold Bisel City Clerk Mayor (SEAL) CERTIFICATE OF REGISTRATION It is hereby certified that, at the request of the holder of the within Certificate, the undersigned has this day registered it as to principal and interest in the name of such holder as indicated in the registration blank below, on the books kept by the undersigned for such purposes. DATE OF SIGNATURE NAME OF REGISTERED HOLDER REGISTRATION CITY CLERK- TREASURER Firstar Stillwater Bank Jan. 1, 1991 FORM OF ASSIGNMENT For value received, the registered owner does hereby sell, assign and transfer the within mentioned Certificate to, and unpaid installments of principal and interest shall be paid to the order of the assignee: NAME OF ASSIGNEE SOCIAL SECURITY NUMBER OR ID NUMBER DATE NAME OF REGISTERED HOLDER SIGNATURE OF REGISTERED OWNER'S AUTHORIZED AGENT Firstar Stillwater Bank 1 1 1 1 1 1 3. The Certificates shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Clerk. When the Certificates have been so executed and authenticated, they shall be delivered by the City Treasurer to the purchaser on receipt of the purchase price heretofore agreed upon, and the purchaser shall not be required to see to the application thereof. 4. There is hereby created a special account in the debt service fund which shall be used only for paying principal and interest on the Certificates of Indebtedness issued pursuant to this resolution. Into this fund shall be paid all receipts from the taxes levied in this resolution and any other money appropriated to the fund from any other source. If any prin- cipal or interest on the Certificates becomes due when there is not sufficient money in the fund to pay it, the City Treasurer shall make up the deficit from the general fund of the City and the general fund shall be reimbursed for such advances from the proceeds of the taxes levied in this resolution and all other moneys received for or appropriated to the payment of principal and interest. 5. There is hereby created the equipment account in the general fund. Into this account shall be paid the proceeds of the sale of the Certificates authorized by this resolution and from this account shall be paid all expenses incurred for the purchase of equipment to be financed by such proceeds. If i ,4 U 141 any moneys remain in this account after all such expenses have been paid, the surplus shall be transferred to the debt service fund created in paragraph 4 of this resolution. 6. For the prompt and full payment of the principal and interest on the Certificates of Indebtedness when due, the full faith, credit, and taxing powers of the City are hereby irrevocably pledged. To provide moneys for such payment, there is hereby levied upon all the taxable property in the City a direct, annual, irrepealable, ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of the other general property taxes in the City in the years and amounts as follows: Year Tax Levy 1991 1992 1993 1994 1995 $ 24,417.00 $ 23,260.00 $ 22,084.00 $ 20,889.00 $ 20,726.00 Such tax levy shall be irrepealable until all of the principal and interest on the Certificates is paid. The Treasurer is directed to certify to the County Auditor of Anoka County on or before October 10 in each year the amount on hand and available from any source and which has been appropriated to the sinking fund to be used to pay the principal of and interest on the Certificates and to direct the county to reduce the levy for such year by that amount. 7. The City Clerk is hereby authorized and directed to file a certified copy of ,this resolution with the County 1 1 1 1 1 Auditor of Anoka County, together with such information as he shall require, and to obtain from the _County Auditor a certif- icate that the Certificates of Indebtedness have been entered on his bond register and the tax has been levied as required by law. 8. The City Clerk- Treasurer shall act as bond regis- trar and shall maintain a complete record of ownership of the Certificates. The City makes no representation that it is expe- rienced in the transfer of ownership of registered securities or that it is aware of or experienced in applicable SEC regulations regarding such transfers. The Purchaser and any assignee of the Certificates shall take the Certificates subject to this condi- tion. Adopted by the City Council this I- day of December, 1990. !2 CL.t. 1 � .�. . • • Marily G. Anderson, City Clerk - Treasurer Harold Bisel, Mayor 141 143 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk of th0 City of Lino Lakes, Minnesota,_ hereby certify that I have carefully compared the attached and foregoing Resolution Authorizing Issuance of Certificates of Indebtedness, 1990A of the City Council of the City of Lino Lakes, with the original thereof on file in my office and the same is a full, true and correct copy of the Resolution, insofar as it relates to the issuance and sale of $88,500.00 Certificates of Indebtedness, 1990A of the City. WITNESS my hand as City Clerk and the corporate seal of day of the City this , 61, Marilyn' G. Anderson, City Clerk- Treasurer 1