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HomeMy WebLinkAbout02/24/1992 Council Minutes1 1 COUNCIL MINUTES CITY OF LINO LAKES COUNCIL MINUTES FEBRUARY 24, 1992 DATE TIME STARTED : TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : February 6:30 P.M. 8:09 P.M. Reinert, Neal 24, 1992 Kuether, Elliott Staff Members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Police Chief, Dean Campbell; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. Mayor Reinert asked that an item titled "setting an improvement hearing for Apollo Drive" be added to the Engineer's Report. Mayor Reinert also asked that letters from the Forest Lake Times published by Sell Publishing, the Quad Press published by Press Publications and Circulating Pines be added to agenda item No. 9. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Elliott seconded the motion. Motion carried unanimously. ITEM MINUTES: - Regular Council Meeting, December 19, 1991 - Regular Council Meeting, February 10, 1992 DISBURSEMENTS: CONSIDERATION BLOCK 2, LINO - February 24, 1992 - Centennial Fire Department OF WARRANTY DEED FOR LOT 15, INDUSTRIAL PARK PAGE 1 DISPOSITION Approved Approved Approved Approved Approved 104 COUNCIL MINUTES FEBRUARY 24, 1992 REGULAR AGENDA OPEN MIKE Loyola Thiltgen, 7791 - 20th Avenue - Mrs. Thiltgen is a member of the Centerville /Lino Lakes Consolidation Committee. She appeared before the Council to update them regarding the progress of the committee. Mrs. Thiltgen explained that the general attitude appears to be that most people on the committee are not in favor of the consolidation. She had contacted the State Municipal Board to determine whether this process could be terminated if a general consensus could be reached. She was told that the process would have to continue and a full report would have to be given to the Municipal Board. Mrs. Thiltgen also noted that several of the Lino Lakes members were not regularly attending the committee meetings. This matter is causing some difficulty for the Lino Lakes membership. Mrs. Thiltgen explained that the Centerville committee members are getting very detailed in their analysis. She also noted that if the matter is to be handled correctly, consultants will be required. This will cost a considerable amount of money. Mrs. Thiltgen questioned the necessity of going through the expense and time if the conclusion is already determined. Council Member Kuether asked what would happen if all committee members resigned? Mrs. Thiltgen said she did not know. Mayor Reinert thanked Mrs. Thiltgen for her report. Joseph Strauss, North Metro Mayor's Association (NMMA) - Mr. Strauss gave a brief report of the past years activities of the NMMA. He noted that transportation was a priority and explained that the NMMA is supporting the upgrading of the intersection of Lake Drive and Highway 49. Mr. Strauss noted the shortfall in transportation funding and explained that by the year 2000 there may be no money available to match federal dollars. The governor and the commissioner of transportation are suppose to announce new strategy to help fund needed improvements shortly. The NMMA is currently working directly with the transportation commissioner. Mr. Strauss express concern regarding the sewer interceptor bill before the legislature. He explained that a resolution will be circulated within the next eight (8) to ten (10) days regarding this matter. Passage of this legislation will have devastating effects on Lino Lakes. Local Government Aid (LGA) is another major concern of the NMMA. The state is facing a 600 million dollar budget shortfall and it is expected that they will probably look to the trust fund for PAGE 2 1 1 1 1 1 COUNCIL MINUTES FEBRUARY 24, 1992 some help. The NMMA is working to keep the trust fund as "clean" as possible. Fiscal disparities legislation will probably be introduced to make fiscal disparities a little more fair. This matter needs careful scrutiny. Mr. Strauss told the Council about an exhibition that will be held on April 8, 1992. All municipalities will have an opportunity to be represented and a chance for promoting themselves. Mr. Strauss noted two (2) publications, the Corporate Report and the Focus Magazine. Both publications try to get full exposure for member municipalities. Mayor Reinert asked Mr. Strauss if the members of the legislature representing the north metro area relate to the NMMA? Mr. Strauss explained that 40 members supported the 610 Crosstown construction and regularly call the NMMA to determine their position on particular issues. Mayor Reinert thanked Mr. Strauss for attending this evening. CONSIDERATION OF SETTING BOND SALE FOR 1992 IMPROVEMENT BONDS, DAVID MACGILLIVRAY Mr. MacGillivray presented two (2) resolutions setting bond sales for March 23, 1992 and recommended that the Council adopt the resolutions so that he could move forward with the marketing documents. There will be two (2) bond issues. The first issue is for refinancing the 1989 General Obligation Temporary Bonds in the amount of $3,640,000.00 and titled General Obligation Improvement Refunding Bonds, Series 1992A. The second issue is for the construction of the elevated water storage in the amount of $1,060,000.00 and titled General Obligation Water Revenue Bonds, Series 1992B. Mr. MacGillivray noted that because of the restrictions in the City Charter, repaying debt requires a complicated system of user and connection fees. He noted that there is a surplus in the User and Connection Fee Fund at this time and recommended that this surplus remain uncommitted to allow for bond payments in the event assessments are not sufficient to cover the bond payments. Mr. MacGillivray also noted that the payment of several of the temporary bond issues require that residential development go forward in the areas where facilities are already constructed. He explained that "fill -in" development should be encouraged so that additional user and connection fees continue to be accumulated for bond payments. If bond payments cannot be paid PAGE 3 105 106 COUNCIL MINUTES FEBRUARY 24, 1992 by normal assessments or from the user and connection fee fund, the City would be levied for the payment. Council Member Kuether moved to adopt Resolution No. 92 - 27 Providing for the Issuance and Sale of $1,060,000.00 General Obligation Water Revenue Bonds, Series 1992B. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether moved to adopt Resolution No. 92 - 28 Providing for the Issuance and Sale of $3,640,000.00 General Obligation Improvement Refunding Bonds, Series 1992A. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 27 and No. 92 - 28 can be found at the end of these minutes. ENGINEER'S REPORT, DARRELL SCHNEIDER Minor Subdivision and Variance, Susan Augustine, Re- alignment of Property Line - Mr. Schneider explained that the property is located on 24th Avenue. Several years ago, the original parcel was divided and the south parcel was created with 58 feet of frontage on 24th Avenue. A recent survey indicates that the common east /west line of the parcels runs through the garage located on the north parcel. To make the south parcel saleable, the garage must be moved or the lot line re- aligned. The property owner has requested that the lot line be moved 28.8 feet to the south leaving the south property with only 30 feet of frontage. Since the south parcel will not have the required frontage, a variance is required. The Planning and Zoning Board considered the matter and recommended approval of both the minor subdivision and the variance. After noting that each parcel will contain more than the required 2.5 acres, Council Member Elliott moved to approve the minor subdivision and the variance for Susan Augustine with the following seven (7) findings of fact for the variance: 1) The subject parcels were in existence prior to 1985. 2) The minimum size of the parcels is in conformance with the requirements for this district before and after the minor subdivision. 3) The garage existed prior to 1985. 4) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. PAGE 4 1 1 1 1 1 1 COUNCIL MINUTES FEBRUARY 24, 1992 5) That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6) That the proposed actions will be in keeping with the spirit and intent of the ordinance. 7) The narrow portion of the subject lot at a width of 30 feet is a better indicator of the intent for a possible future road right -of -way of 60 feet to be shared with the property to the south. Council Member Kuether seconded the motion. Motion carried unanimously. Status of Apollo Drive, Resolution No. 92 - 25, No. 92 - 26 and No. 92 - 22 - Mr. Schneider explained that a meeting was held this morning with several representatives from Anoka County. The representatives indicated that a report is being forwarded to the Anoka County Capital Improvements Committee for funding the improvement of Apollo Drive or 109th Street if the street were to become a county state aid highway (CSAH). This is the most positive and significant formal action taken by the County on this matter. If the street is to become a CSAH, the City will do the initial construction and the County will reimburse the City probably during 1993 and 1994. The City will have to move forward as soon as possible to take the necessary steps to insure that the improvement will be under contract by September 1, 1992 to insure that the City's municipal state aid funds will be protected. Mr. Schneider explained that three resolutions are required. Resolution No. 92 - 22 would set the public hearing on the improvement of Apollo Drive. Resolution 92 - 25 would designate Apollo Drive as a state aid highway and Resolution No. 92 - 26 would remove Woodland Drive from the state aid designation. Mr. Schneider explained that these are procedural steps only to keep the project moving and would not commit the City regarding whether or not Apollo Drive would be a municipal or county state aid highway. Council Member Kuether moved to adopt resolution No. 92 - 22 setting the public hearing for the improvement of Apollo Drive. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether moved to adopt Resolution No. 92 - 25 designating Apollo Drive as a municipal state aid highway. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 5 107 108 COUNCIL MINUTES FEBRUARY 24, 1992 Council Member Kuether moved to adopt Resolution No. 92 - 26 removing Woodland Drive from municipal state aid status. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 22, No. 92 - 25 and No. 92 - 26 can be found at the end of these minutes. Council Member Kuether moved to authorize TKDA to prepare an Environment Assessment Worksheet on this improvement. Council Member Elliott seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT, BILL HAWKINS Mr. Hawkins did not have a report. PUBLIC HEARING, REZONE, SHORES OF MARSHAN LAKE Mayor Reinert opened the public hearing at 7:25 P.M. Mr. Schneider explained that this matter will be returned to the Planning and Zoning Board on March 11, 1992 and asked that the public hearing be continued until March 24, 1992, at 7:00 P.M. Council Member Kuether moved to continue the public hearing. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, PRELIMINARY PLAT, SHORES OF MARSHAN LAKE Mayor Reinert opened the public hearing at 7:26 P.M. Mr. Schneider explained that this matter also will be considered at the March 11, 1992 Planning and Zoning Board meeting. Council Member Kuether moved to continue the public hearing until March 24, 1992, 7:15 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF APPOINTMENTS Park Board and Planning and Zoning Board - Mr. Schumacher gave a brief explanation of how this matter was handled. On Wednesday, February 19, 1992, the Council met in a work session and formed a consensus of who they would like to appoint to the Park Board and the Planning and Zoning Board. The selection was based upon geographic location, diversity of background and experience. Mayor Reinert explained that the response to the advertisement for applicants was overwhelming. Many well qualified and interested citizens volunteered. Council Member Elliott moved to appoint Frederick Gelbmann, Thomas Mesich, Kathleen Nordine, John Landers and James Schaps to the Planning and Zoning Board. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 6 1 1 1 1 COUNCIL MINUTES Council Member Bourassa, John Council Member unanimously. FEBRUARY 24, 1992 Elliott moved to appoint Ray Johnson, Brian Bauman and Jacquelyne Farm to the Park Board. Kuether seconded the motion. Motion carried Mayor Reinert asked that all persons not appointed be notified immediately and ask them if their names can be considered for future appointments. Legal Newspaper - Mayor Reinert noted that letters had been received from Sell Publication, Press Publications and the Circulating Pines regarding their bid as the legal newspaper. He noted that the Council had tried to be fair to all who were interested and there were different presentations from them. Council Member Kuether moved to appoint the Quad Community Press as the legal newspaper for 1992 and have a prominent area in the quarterly newsletter stating that if a resident does not get the Quad delivered to their home, they should call city hall or the Quad Community Press. Council Member Elliott seconded the motion. Motion carried with Mayor Reinert voting no. PUBLIC HEARING TO TAKE PUBLIC COMMENT REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Mr. Schumacher gave a brief background regarding the use of previously received CDBG funds. This year the City is scheduled to receive $28,738.00. The public hearing tonight is to receive public input regarding the use of the funds. A recommendation for the use of the funds will be given to the City Council on March 9, 1992. Mayor Reinert opened the public hearing at 7:40 P.M. Cynthia Hendricks of Anoka County Community Action Program, Inc., ( ACCAP) addressed the Council. She noted that Council Member Neal is the local representative and works with the seniors in this area. She noted that many seniors do not utilize senior centers and become isolated. The outreach person contacts these seniors. Ms. Hendricks noted that according to the 1990 census, there are 658 seniors in Lino Lakes. Mayor Reinert noted that it would be interesting to see if there is a trend toward younger persons moving to Lino Lakes. Ms. Hendricks explained that at this time, Lino Lakes is the only city of the quad cities contributing to ACCAP through CDGB funds. She noted that some of the cities do not receive CDGB funds and other cities have chosen to use their funds differently. ACCAP does solicit funding from other sources in these cities. Also PAGE 7 oq. COUNCIL MINUTES FEBRUARY 24, 1992 there are some federal energy dollars available for heating homes of those who qualify. Council Member Kuether moved to close the public hearing at 7:50 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Schumacher will take all requests for funding and prepare a recommendation for the City Council to consider on March 9, 1992 as well as a history of where previous CDBG dollars have been spent in the past. CONSIDERATION OF RESOLUTION NO. 92 - 24 TO THE ANOKA COUNTY BOARD REGARDING FULLY FUNDING THE MOBILE DIGITAL TERMINAL PROJECT (MDT), CHIEF DEAN CAMPBELL The Anoka County Joint Law Enforcement Council is requesting the Anoka County Board to fund a Mobile Digital Terminal Project which would enable Digital Control Terminals to be installed in Anoka County law enforcement police squads throughout the county for the purpose of enhancing patrol officer effectiveness in the field. The cost of the project benefits all residents of the County and should be funded as other such projects in the past, through the Joint Law Enforcement Council. Other municipalities in Anoka County will be considering the same resolution. Council Member Kuether moved to adopt Resolution No. 92 - 24 Calling on Anoka County Board to Fully Fund the Mobile Digital Terminal Project, A Shared Communications Project Benefitting all Anoka County Residents. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 24 can be found at the end of these minutes. OLD BUSINESS There was no Old Business. NEW BUSINESS Consideration of Gambling License, St. Joseph Catholic Church - Mrs. Anderson explained that St. Joseph Catholic Church is a non profit organization and is allowed to conduct five (5) one -time gambling operations each year. The application before the Council this evening is for the Men's Club Bingo and annual event. There have been no problems with these annual events. Council Member Kuether moved to approve a gambling license for St. Joseph Catholic Church. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 8 1 1 1 1 1 1 FEBRUARY 24, 1992 COUNCIL MINUTES Consideration of Refunding Liquor LicnsehFee eoffor rMy- Place -On- The -Lake - Mrs. Anderson explained e the above establishment has requested a refund of liqr orolicense fee. The business was closed one (1) day t license was renewed because the insurance was canceled. Council Member Kuether moved to approve the refund less one days fee. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Election Judges Appointment for Special Election, March 24, 1992 - Mrs. Anderson submitted a list of potential election judges and noted that she will be hiring about 14 or 15 of the judges list. to approve the list of election Member Kuether seconded the motion. Motion carried unanimously. Consideration of Prepayment Improvement ex 92 - 23 - Mr. Schumacher p Bonds were sold to finance the Baldwin Lake Court development. The final payment of the bonds is due in 1993. The remaining principal is $20,000.00 and the current cash balance is $45,600.00. Prepaying the bonds will save approximately $1,800.00 in interest the Closed Bond Fund ntherning balance can be transferred to Council Member Elliott moved to adopt Resolution No. 92 - 23. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 23 can be found at the end of these minutes. REMINDER, Common Ground Meeting, Saturday, February 22, 1992 - Mayor Reinert gave a brief comment on this meeting. He explained that it was the first attempt to discuss items of mutual concern and befit and e should shared willhmeetyagain April at things s they feeel l sh 4, 1992. Council Member Kuether said she felt it was a good meeting and could see what Lino Lakes could benefit from whatever is finally decided. Council Member Elliott shhas much good to offeruotherspirit and she could see where Lino Lakes communities. Council Member Kuether ovedmtoiadjourneat 8:09 P.M. Council Member Elliott seconded PAGE 9 111 • 112 COUNCIL MINUTES FEBRUARY 24, 1992 These minutes were considered, corrected and approved at a regular meeting of the Lino Lake City Council on March 9, 1992. Marilyr(/G. Anderson, Vernon F. Reinert, Clerk- Treasurer Mayor PAGE 10 1 1 1 1 1 113 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 22 RESOLUTION CALLING A HEARING ON THE APOLLO DRIVE IMPROVEMENT WHEREAS, pursuant to a resolution of the Council adopted on November 12, 1991 with reference to the Apollo Drive Improvement a report was received by the Council on February 10, 1992, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of Apollo Drive 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 $2,722,342.00. 2. A public hearing shall be held on such proposed improvement on the 23rd day of March, 1992 in the council chambers of the city hall at 6:45 P.M. and the Clerk shall dive mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 24th day of February, 1992. Vernon F. Reinert, Mayor i`C Marilyn u An erson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott. The following voted against same: none. Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. 114 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 23 RESOLUTION AUTHORIZING THE PREPAYMENT OF THE 1983 IMPROVEMENT BONDS WHEREAS, the 1983 Improvement Bonds mature in 1993, and WHEREAS, the principal owing is $20,000, and WHEREAS, the cash balance in this fund is $45,000, and WHEREAS, there are assessments owing of $28,000, and WHEREAS, the assessments and cash may be transferred to the Closed Bond Fund. NOW THEREFORE BE IT RESOLVED, that authorization to prepay the 1983 Improvement Bonds be given effective March 1, 1992. Adopted by the City Council of Lino Lakes this 24h day of February, 1992. Mar Vernon F. Reinert - Mayor ynIG. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott. The following voted against same: None, Council Member Neal was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 24 RESOLUTION CALLING ON THE ANOKA COUNTY BOARD TO FULLY FUND THE MOBILE DIGITAL TERMINAL PROJECT, A SHARED COMMUNICATIONS PROJECT BENEFITTING ALL ANOKA COUNTY RESIDENTS. WHEREAS, the Anoka County Joint Law Enforcement Council is a legal entity authorized by Minnesota Statutes 471.59; and WHEREAS, the City of Lino Lakes, along with other cities and the County of Anoka have signed a Joint Powers Agreement to act within a regional framework, for the common good of all residents of Anoka County who are in need of Public Safety services; and WHEREAS, the purpose of the Anoka County Joint Law Enforcement Council is to address criminal justice issues and concerns which are of regional significance, through research, recommendation, initiation and accomplishment of those functions of common concern, which are most efficiently and cost effectively provided in a regional framework, including Public Safety communications and dispatching, criminal investigation and training services for County Public Safety personnel; and WHEREAS, for the last two decades the Anoka County Joint Law Enforcement Council has achieved its goals, and continues to provide cost effective Public Safety services of the highest quality to all Anoka County residents; and WHEREAS, the Joint Powers Joint Law Enforcement Council, activities through the county shall proceed to levy taxes approved; and Agreement creating the Anoka County provides for the funding of Council levy by directing that the county as needed to fund the budget as NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes calls on the Anoka County Board of Commissioners, to fully fund the Mobile Digital Terminal Project in a manner consistent with the Joint Powers Agreement, and consistent with the past practice here in Anoka county, and to continue to provide financial support for Joint Law Enforcement Council Projects as approved by the County Board, for the common benefit of all county residents. 115 116 PASSED by the City Council of the City of Lino Lakes this 24th day of February 1992. ATTEST: Mayor The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott The following voted against same: None, Council Member Neal was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES Resolution No. 92 - 25 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS: it appears to the City Council of the City of Lino Lakes, Minnesota that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the road described as follows, to wit: Nonexisting route Apollo Drive from County Road No. 53 to State Trunk Highway No. 49, a distance of 1.74 miles. be, and hereby is established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Lino Lakes. Adopted February 24, 1992. ATTEST: _ Vernon F. Reinert, Mayor Marilyn' G. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. 118 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 26 RESOLUTION REVOKING MUNICIPAL STATE AID STREETS WHEREAS: it appears to the City Council of the City of Lino Lakes, Minnesota that the road hereinafter described as a Municipal State Aid Street under the provisions of Minnesota Laws; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the road described as follows, to wit: Woodland Drive from County State Aid Highway No. 14 to 80th Street now numbered and known as Municipal State Aid Street 110, Segments 010 and 020 and, 80th Street from Woodland Drive to County State Aid Highway No. 21, now numbered and known as Municipal State Aid Street 110, Segment 030, be, and hereby is, revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commission of Transportation for his consideration. Adopted February 24, 1992. ATTEST: Vernon F. Reinert, Mayor Marilyn[ . Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. 1 1 1 119 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, February 24, 1992, commencing at 6:30 P.M. The following members of the Council were present: Kuether, Reinert, Elliott. and the following were absent: Neal. * * * The following resolution was presented by Councilmember Kuether who moved its adoption: RESOLUTION NO. 92 - 27 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,060,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1992B BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: SNG29939 LN140 -23 1. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's water plant and system consisting of the construction of an elevated water storage tower (Project) . (b) the City is authorized by Minnesota Statutes, Section 444.075 (Act) to finance all or a portion of the cost of the Project (Project Costs) by the issuance of general obligation bonds of the City payable from the net revenues of the water system. The Project Costs are presently estimated by the engineer to be as follows: 1`20 Project Designation & Description: Total Project Project Bid and Contingencies $ 881,080 Preliminary Study and Report 11,750 Land Acquisition 24,000 Controls 18,000 Engineering, Administration and Other Fees 91,720 Subtotal $1,026,550 Plus Issuance Costs 20,000 Allowance for Discount Bidding 15,900 Total Cost $1,062,450 Less Investment Earning 2,450 Net Bond Issue $1,060,000 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,060,000 General Obligation Water Revenue Bonds, Series 1992B (Bonds) pursuant to the Act to provide financing for the Project. 2. In order to provide financing for the Project, the City will therefore issue and sell Bonds in the amount of $1,044,100. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $15,900. The excess of the purchase price of the Bonds over the sum of $1,044,100 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: SNG29939 LN140 -23 1 121. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON THEIR BEHALF. PROPOSALS WILL. BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,060,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 19928 Proposals for the Bonds will be received by the Administrator or his designee on Monday, March 23, 1992, until 12:30 P.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated April 1, 1992, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1993. Interest will be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds. will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $25,000 1995 $40,000 1996 $50,000 1997 $50,000 1998 $55,000 1999 $55,000 2000 $65,000 2001 $70,000 2002 $75,000 2003 $80,000 2004 $85,000 2005 $90,000 OPTIONAL REDEMPTION 2006 $100,000 2007 $105,000 2008 $115,000 The City may elect on February 1, 2001, and on any day thereafter, to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues of the City's water utility. The proceeds will be used to finance costs associated with the construction of an elevated water storage tank. TYPE OF PROPOSALS Proposals shall be for not less than $1,044,100 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in 122 the form of a certified or cashier's check or a Financial Surety Bond in the amount of $10,600, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit Is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. , No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds Is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser,.except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. 1 1 1 1 SETTLEMENT Within 40 days following the data of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (I) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 24, 1992 BY ORDER OF THE CffY COUNCIL /s/ Marilyn G. Anderson Clerk 123 124 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 p.m. on Monday, March 23, 1992, to consider bids on the Bonds and take other appropriate action with respect to the Bonds. 4. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elliott , and upon vote being taken thereon the following members voted in favor of the motion: Kuether, Reinert, Elliott. and the following voted against: None, Council Member Neal was absent. whereupon the resolution was declared duly passed and adopted. SNG29939 LN140 -23 125 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, February 24, 1992, commencing at 6:30 P.M. The following members of the Council were present: Kuether, Reinert, Elliott. and the following were absent: Neal. * * * * * * * * * The following resolution was presented by Councilmember Kuether who moved its adoption: RESOLUTION NO. 92 -28 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,640,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 and the City's home rule charter (collectively referred to as the Act) : 1989 Improvement Project Nos. : 8976, 9196, 9013, 9185, 9401, 9191 SNG29941 LN140 -23 126 (b) the City has sold its $4,660,000 General Obligation Temporary Improvement Bonds, Series 1989A pursuant to the Act to provide temporary financing for the Improvements; (c) it is necessary and expedient to the sound financial management of the City that the City issue $3,640,000 General Obligation Improvement Refunding Bonds, Series 1992A (Bonds) to pay the temporary improvement bonds at their maturity on July 1, 1992; (d) the composition of the issue is as follows: Principal Due July 1, 1992 $4,660,000 Interest Due July 1, 1992 142,130 Registrar Expenses 2,000 Total Debt Repayment $4,804,130 Plus Additional Project Costs 250,070 Total Costs Required $5,054,200 Less Available Funds on Hand (1,488,503) Net Financing Requirement $3,565,697 Plus Issuance Costs 30,000 Plus Discount 54,600 Total Financing Requirements $3,650,297 Less Investment Earnings (10,297) Net Bond Issue $3,640,000 2. To provide moneys to finance the improvements and pay the temporary improvement bonds at their maturity, the City will issue and sell Bonds in the amount of $3,585,400. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $54,600. The excess of the purchase price of the Bonds over the sum of $3,585,400 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: SNG29941 LN140 -23 1 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,640,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBUGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A Proposals for the Bonds will be received by *.he City Administrator or his designee on Monday, March 23, 1992, until 12:30 P.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated April 1, 1992, as the date of original Issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1993. Interest will be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 In the years and amounts as follows: 1993 $150,000 1994 $150,000 1995 $150,000 1996 $200,000 1997 $220,000 1998 $250,000 1999 $270,000 2000 $280,000 2001 $290,000 2002 $300,000 2003 $320,000 2004 $340,000 2005 $360,000 2006 $360,000 127 OPTIONAL REDEMPTION The City may elect on February 1, 2001, and on any day thereafter, to prepay Bonds due on or after February 1, 2002. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund the City's General Obligation Temporary Improvement Bonds. 128 TYPE OF PROPOSALS Proposals shall be for not less than $3,585,400 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $36,400, payable to the order of the City. if a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser falls to comply with the accepted proposal, said amount will be retained by the City, No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjoumed, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such Insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds, REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations, The City will pay for the services of the registrar. CUSIP NUMBERS. If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the 1 1 129 Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made In federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any Toss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly - final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 150 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of -the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 24, 1992 BY ORDER OF THE CITY COUNCIL /s/ Marilyn G. Anderson Clerk 130 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 p.m. on Monday, March 23, 1992, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elliott , and upon vote being taken thereon the following members voted in favor of the motion: Kuether, Reinert, Elliott. and the following voted against: None, Council Member Neal was absent. whereupon the resolution was declared duly passed and adopted. SNG29941 LN140 -23