HomeMy WebLinkAbout03/23/1992 Council Minutesw w 164
COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
MARCH 23, 1992
DATE March 23, 1992
TIME STARTED 6:35 P.M.
TIME ENDED 9:00 P.M.
MEMBERS PRESENT: Reinert, Neal, Kuether, Elliott
MEMBERS ABSENT : None
Acting Mayor Neal chaired the meeting until Mayor Reinert
arrived.
Staff Members present: Public Works Director, Don Volk; City
Attorney, Bill Hawkins; City Engineer, Darrell Schneider;
Consulting Engineer's, Dan Boxrud and John Powell; City
Administrator, Randy Schumacher and Clerk - Treasurer Marilyn
Anderson were also present.
CONSENT AGENDA
Council Member Kuether asked that consideration of the
Disbursements for March 23, 1992 be delayed to Old Business.
Council Member Kuether move to approve the Consent Agenda as
amended. Council Member Elliott seconded the motion. Motion
carried unanimously. '
ITEM DISPOSITION
DISBURSEMENTS: Centennial Fire Department Approved
REGULAR AGENDA
OPEN MIKE
No one appeared under Open Mike.
CONSIDERATION OF AWARDING BIDS FOR THE SALE OF $1,060,000.00
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1992B, RESOLUTION
NO. 92 - 42
CONSIDERATION OF AWARDING BIDS FOR THE SALE OF $3,640,000.00
IMPROVEMENT REFUNDING BOND, SERIES 1992A, RESOLUTION NO. 92 - 43
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COUNCIL MEETING MARCH 23, 1992
Mr. David MacGillivray bond consultant from Springsted, Inc.
explained that bids were taken for these bonds at 12:30 P.M.
today. One (1) bid was received for the $1,060,000.00 Series
1992B bonds. This bid was from Piper, Jaffray & Hopwood, Inc, at
a true interest rate of 6.6710 %. Two (2) bids were received for
the $3,640,000.00 1992A series bonds. A bid was received from
Cronin & Company, Inc. Edward D. Jones & Company with a true
interest rate of 6.5177% and the second bid was received from
Piper, Jaffray &Hopwood, Inc. with a true interest rate of
6.5403 %. The $1,060,000.00 Series 1992B bonds will be used for
the construction of the water tower and the $3,640,000.00 1992A
bonds will be used to refinance the 1989 Temporary Improvement
Bonds.
Mr. MacGillivray explained that when less than three (3) or four
(4) bids are received an investigation is made to determine why
more bids were not received. Basically there are two (2) reasons
for the small number of bids; 1) there are many bond issues out
for bid at this time, and 2) Lino Lake's credit rating is below
Moody's AA rating. Mr. MacGillivray felt that the rates were
competitive at or under comparable issues sold in other
jurisdictions. He felt that the rates were very good for long
term borrowing.
Council Member Kuether moved to adopt Resolution No. 92 - 42
Awarding the Sale of $1,060,000.00 General Obligation Water
Revenue Bonds, Series 1992B to Piper, Jaffray & Hopwood, Inc.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Council Member Kuether moved to adopt Resolution No. 92 - 43
Awarding the Sale of $3,640,000.00 General Obligation Improvement
Refunding Bonds, Series 1992A to Cronin & Company, Inc. Council
Member Elliott seconded the motion. Motion carried unanimously.
Resolution No. 92 - 42 and 92 - 43 can be found at the end of
these minutes.
SECOND READING, ORDINANCE NO. 16 - 91 REZONE OUTLOT J, LAKES
ADDITION NO. 3 (BLACK DUCK ESTATES)
Mr. Schumacher explained that four (4) Council Members are
required to vote on this matter. He asked that the matter be
delayed until Mayor Reinert arrives.
CONSIDERATION OF RESOLUTION NO. 92 - 49 DECLARING THE OFFICIAL
INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
Mr. Schumacher explained that the IRS has amended its procedures
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regarding selling municipal bonds. Resolution No. 92 - 49
declares that the City of Lino Lakes will comply with the new
procedures.
Council Member Elliott moved to adopt Resolution No. 92 - 49.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Resolution No. 92 - 49 can be found at the end of these minutes.
PUBLIC HEARING, IMPROVEMENT OF APOLLO DRIVE
Consulting Engineer John Powell, TKDA, explained that notices of
this public hearing were sent to only the landowners who could be
assessed for the improvement. The residential neighborhood along
Marvy Street was not sent notices since they are not proposed to
be assessed. The staff and consultants have met with the
affected landowners and developers. The developers are now
starting to plan the development of their land. When there is
some sense of how the land will be developed, a meeting with the
Marvy Street landowners will be planned. Mr. Powell used the
overhead projector and outlined the project noting that at this
time it is planned to complete Apollo Drive in two (2) phases.
The first phase will begin at Sunset Road and end at Lino
Industrial Boulevard. The second phase will complete the
project.
Mr. Powell noted an environmental assessment worksheet has been
prepared for this improvement since the roadway is over one (1)
mile in length. This improvement has not yet been approved by
the City Council and is just now being considered. At this time
MSA designation has not been established. Mr. Powell noted that
if the City and County can agree on a joint powers agreement,
Apollo Drive will be constructed as a municipal state aid street
and then within a short time, the street will become a county
state aid street. Anoka County will assume control and
maintenance of the street and reimburse Lino Lakes for the
construction costs. The improvements proposed include storm
sewers, curb and gutters, roadway construction and some sanitary
sewer and municipal water construction. Total costs will vary
depending upon whether Apollo Drive is constructed as a municipal
state aid street or a county state aid street. Discussions with
Anoka County are ongoing and Mr. Powell recommended that the City
construct the street and in the future allow Anoka County to
assume the street and reimburse the City for the improvement
costs. Mr. Powell noted that Anoka County will not have the
state aid funds to reimburse Lino Lakes until 1994.
Mr. Powell noted the areas that would be assessed and explained
that the assessment roll is estimated to be approximately
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$710,924.00. The current time table for the improvement is to
conduct the public hearing tonight and accept the Environmental
Assessment Worksheet tonight. Phase I of the construction must
be under contract before September 1, 1992 or Lino Lakes faces
loosing some of its accumulated MSA funds.
Council Member Kuether said all area landowners should have been
notified of the public hearing because there will a major impact
on the residential neighborhood. ;=
The public hearing was opened at 7:08 P.M.
ti
Robert King, 198 Marvy Street also felt the residential
neighborhood should have been notified. He noted that if Apollo
Drive becomes a county street, he and his neighbors will not be
allowed to divide their property as first proposed because
driveway access will be severely limited. He also expressed
concern regarding the additional traffic that could be using
Marvy Street. Mr. King also noted that he heard that the
residential developer who was proposing to develop the vacant
land south of Marvy Street may ask that the land be rezone to
Light Industrial (LI).
Mr. Powell explained that the division of the lots fronting on
Marvy Street was discussed with Anoka County engineers. Details
have not been completed on this matter. Mr. Powell said he felt
it would be easy to limit construction traffic on Marvy Street.
He also noted that no proposal for commercial development south
of Marvy Street have been discussed, however, R -4, High Density
Residential District development has been mentioned for that
area. Mr. Schneider explained that if Apollo Drive becomes a
county state aid street, the Marvy Street landowners will only be
able to split off one (1) lot from their present lot. Anoka
County will limit access to four (4) and since there are eight
(8) lots, two (2) driveways will have to meet and access Apollo
Drive together. This proposal would be similar to the Lake Crest
development that had been planned for Birch Street.
There was discussion regarding construction of interior streets.
Mr. Schneider felt that the area along Apollo Drive should be
screened and the area north of Apollo Drive should be developed
as a separate entity. He said he would like to meet with the
Marvy Street residents and discuss this alternative.
Glen Rehbein, 7374 Lake Drive said he was confused about the
notice he received. It appeared that the new street would run
through his property and he would be assessed. He noted that it
appeared that Anoka County would require that all access points
be at least 600 feet apart. Mr. Rehbein asked how all this
property could be developed and the 600 foot requirement be
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maintained. Mr. Schneider explained that Anoka County is asking
for this, however, there is no commitment on the part of Lino
Lakes. This matter will be pursed with a joint powers agreement.
Mr. Rehbein explained that he heard that there have been previous
joint development meetings. He has been out of town and no one
in his office was notified. Mayor Reinert explained that this
project is in its early stages at this point. The Council will
pursue working with the private landowners, however, this portion
of the development has just started.
Mr. Rehbein asked what the purpose of running Apollo Drive along
the freeway was. This would mean that the new street would be
paid for by only one (1) side of the street. Mr. Schneider noted
that the entire Apollo Drive does not run along the freeway. He
noted that there are some problems and some developers do want
lots that face the freeway. There will probably be a mix and
match situation with utilities running along the back of some
lots.
Mr. Powell noted that the alignments shown tonight are only
preliminary alignments. There will be supplemental reports which
will include items addressed by Anoka County.
Mr. Rehbein asked if there has been any discussion regarding
sewer and water utility costs. He felt that these improvements
should be part of a package.
Mr. Rehbein asked if the property owners will be assessed as soon
as the street is constructed? Mr. Schneider explained that the
present proposal is that there will be not assessment until the
area is developed.
Mr. Rehbein asked what the traffic count on Lake Drive is at the
present time. Mr. Volk gave the figures. Mr. Rehbein asked if
the City felt that there was enough traffic to support a county
state aid road. Mr. Schneider explained the county policy on
this matter.
Mr. Rehbein said he would like to see a complete development
package and be more informed as to where Anoka County is coming
from. He also said he would like to be involved with the other
landowners who have already been advised regarding this
improvement. Mayor Reinert said he would like this improvement
to be a joint effort between the governmental entities and the
private landowners.
Mike Lavely, 7262 Sunset Road expressed a concern regarding a
possible assessment and in particular how Apollo Drive is to be
designed. It appears that Apollo Drive will be located very near
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his property. He asked what the street wbuld look like and if
there would be a sound barrier between it and his residence. Mr.
Lavely asked to be included when a meeting does take place with
the Marvy Street residents.
Steve Leese, 74 Marvy Street indicated that all the residents
along the south side of Marvy Street are present tonight. Since
the entire area is now residential, he said he could not
comprehend why a county road would be considered or the area. He
noted that if storm water drainage will be constructed to the
existing drainage easements there will be problems for some of
the home owners and himself in particular. He noted that almost
all of the residents oppose the construction of a county road.
Mayor Reinert suggested that this hearing be continued to the
next Council meeting and an informal meeting with the residents
and developers be held at the city hall next Monday evening at
6:30 P.M.
At 7:36 P.M. Mayor Reinert moved to continue this public hearing
to Monday, April 13, 1992. Council Member Elliott seconded the
motion. Motion carried unanimously.
PUBLIC HEARING, REZONE OF SHORES OF MARSHAN LAKE, ORDINANCE NO.
06 - 92
Mayor Reinert opened this public hearing at 7:37 P.M.
Mr. Jack Menkveld, 8741 Central Avenue, Blaine presented the
preliminary plat of Shores of Marshan Lake. He noted that 34
acres are being platted into 54 single family residential lots.
The land is presently zoned Medium Density Residential (R -3) and
a request for Single Family Residential (R -1) is to be considered
at this time. Mr. Menkveld explained that the site contains a
large number of various sizes evergreen trees. These trees will
be transplanted to various areas of the plat to provide screening
from the church to the north and to provide screening along Lake
Drive.
Mr. Menkveld explained that he has been working with the
Department of Natural Resources (DNR) and the Rice Creek
Watershed District (RCWD) and have their approval. The lots
along the lake meet the requirements of the Shoreland Management
Ordinance. Approximately 20 interior lots will require variance
approval because they do not meet the required lot depth. All
lots do meet the minimum square footage requirements. The
deficiency in lot depth resulted in an early description problem
involving the property to the north of this site. Mr. Menkveld
addressed housing design standards for this plat. He explained
that there would be no duplication of housing on adjoining lots
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or directly across the street. The larger width of the lots will
encourage larger garages.
Council Member Kuether asked where the name Stage Coach Drive
came from. Mr. Menkveld explained that at the turn of the
century a waystation for stage coach traffic was located on the
site. The name was used for historical value but noted that the
street name could be changed.
There was no one else to speak regarding this matter.
Mr. Schneider noted that the park board has reviewed this plat
and all members were polled regarding the latest design of the
park. The Park Board is requiring that five (5) acres plus cash
be dedicated from the plat. He also noted that the planned park
is located so that when the property to the south develops,
additional park land can be added to the established park. Mr.
Schumacher explained that the necessary agreements will be
completed after the preliminary plat is approved.
Council Member Kuether moved to close the public hearing at 7:48
P.M. Council Member Elliott seconded the motion. Motion carried
unanimously.
Council Member Elliott moved to approve the first reading of
Ordinance No. 06 - 92 to rezone the Shores of Marshan Lake from
R -3 to R -1. Council Member Kuether seconded the motion. Motion
carried unanimously.
PUBLIC HEARING, PRELIMINARY PLAT, SHORES OF MARSHAN LAKE
Mayor Reinert opened the public hearing at 8:50 P.M.
Mr. Schneider explained the information regarding this
preliminary plat was given during the above rezone public
hearing. Mayor Reinert asked about the price ranges of the homes
and Mr. Menkveld explained that the interior price range would be
$100,000.00 to $120,000.00 and the south east corner of the plat
would range from $120,000.00 to $160,000.00. The model will be
in excess of $100,000.00.
Mr. Richard Zelinka, 7033 Lakeview Drive explained that the site
once contained the building that was the stage coach waystation
on the stage coach route to Duluth. It was known as the Kettle
River Junction waystation. Mr. Zelinka noted that Anoka County
once asked that the site be dedicated for a historical site.
However, Anoka County would not reimburse the owner anything for
the site and the Circle Pines Fire Department used the building
for a fire drill. The building was built in 1864 and contained
the Lino Post Office from December 28, 1894 to August 14, 1904.
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Council Member Elliott moved to close the public hearing at 7:53
P.M. Council Member Kuether seconded the motion. Motion carried
unanimously.
Council Member Kuether moved to approve the preliminary plat of
Shores of Marshan Lake. Council Member Elliott seconded the
motion. Motion carried unanimously.
ENGINEER'S REPORT
Minor Subdivision and Variance, Walberg, Lot 6, Block 1, Ulmer's
Rice Lake Addition - Mr. Schneider explained that this item
involves the division of the back one -half of an existing one (1)
acre lot which backs up to the new street under construction in
the west section of Wenzel Farms. This situation is similar to
the situation when Second Avenue was extended to Elm Street and
lots facing Rice Lake Drive were divided and houses were
constructed on the Second Avenue portion of the lots.
Each back one -half lot could then be divided into two (2) 75 feet
wide lots which would be served with utilities. There is
proposed a significant change from the procedures used along
Second Avenue which would involve the front one -half of each lot
along Rice Lake Lane. It is recommended that the owner /developer
enter into an agreement with the City to support the future
construction of utilities and street to serve the remnant lot
when they are available on Rice Lake Lane. The City Attorney has
provided the wording for the agreement. The Planning and Zoning
Board has recommended approval of the agreement and approval of
the minor subdivision and variance request.
Concern has been expressed regarding the variances meeting the
rule of two (2) of three (3) criteria and becoming an automatic
variance. However, the variances for the lots along Rice Lake
Lane will not be automatic. The newly created lots are
substandard in width and the agreement regarding future
assessment along Rice Lake Lane should be implemented. For the
most part, both a variance request and minor subdivision request
was filed by the developer splitting the lots along Rice Lake
Drive. A fee was paid for both the variance and the minor
subdivision. In all cases, a refund was made to the developer of
all unused escrow. Mr. Schneider asked that this procedure be
continued by the City Council.
Mr. Hawkins explained that the current City Code requires that if
the lot does not meet current specifications, a variance must be
considered by the City Council. If the Council is not going to
follow the City Code, then the City Code should be amended.
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There was discussion regarding adopting an amendment to the City
Code that would expedite this process. Mayor Reinert suggested
that the City act on the request before the Council at this time
and then consider amending the City Code at another time. Mr.
Schneider also recommended that the Council consider entering
into an agreement with the developer regarding future extension
of utilities on Rice Lake Lane. He also noted that there would
be a $500.00 per lot park dedication due at the time the City
Clerk affixes the City Seal to the deeds for recording at the
Anoka County court house.
Council Member Kuether explained that Mr. Walberg's newly created
lots have already been sold and he was not advised about the
agreement for utilities along Rice Lake Lane. She suggested that
this request be approved but notify all of the residents on the
east side of Rice Lake Lane of the new policy.
Council Member Neal moved to approve the minor subdivision and
variance request for Warren Walberg and Kathy Macioch, Lot 6,
Block 1, Ulmer's Rice Lake Addition and to mail notices to all
landowners on the east side of Rice Lake Lane notifying them
regarding the agreement to connect to utilities when they are
available with the exception of Lot 6, Block 1, Ulmer's Rice Lake
Addition because of the existence of a signed purchase agreement.
Council Member Elliott seconded the motion. Motion carried with
Council Member Kuether abstaining.
Resolution No. 92 - 40 Ordering Preparation of Plans for Black
Duck Estates and Black Duck Estates, Second Addition - Mr.
Schneider explained that the preliminary plats for these
subdivisions were approved March 9, 1992. It is proposed that
the Council allow the construction of utilities and other
improvements in these two (2) subdivisions following a new
procedure. The following is an outline of the procedure:
1. The developer would deposit financial security with the
City.
2. The City Engineer would prepare plans and specifications for
streets and utilities.
3. The developer would retain a contractor to install the
streets and utilities, such contractor would be required to
meet City approval.
4. The City would inspect all construction work on the project.
A detailed outline of the proposed development contract has been
prepared by the City Staff, City Attorney and Engineering
Consultants. The developer would be required to pay all the
costs attributable to this development and the City would not be
required to sell bonds to finance the improvement. It is the
opinion of the City Attorney and City Staff that this procedure
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would give the City as much control of the construction work as
the present City installed improvement procedure. Furthermore,
it would save going through the Chapter 429 and City Charter
improvement procedures. Instead of going through the feasibility
report and public hearing stages of the improvement projects for
these plats, plans and specs could be ordered at this time
allowing the project to proceed, saving several weeks of time.
Mayor Reinert asked if the Staff have received any telephone
calls from the residents around these two (2) proposed plats
regarding any concerns or problems. There have been no telephone
calls.
Council Member Neal moved to adopt Resolution No. 92 - 40.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Resolution No. 92 - 40 can be found at the end of these minutes.
Resolution No. 92 - 41 Ordering Preparation of Report on
Improvement of Shores of Marshan Lake - The first reading of the
rezone request and the preliminary plat have been approved by the
City Council this evening. The next step for this City installed
improvement" project is to initiate a feasibility report. Council
Member Neal moved to adopt Resolution No. 92 - 41. Council
Member Kuether seconded the motion. Motion carried unanimously.
Resolution No. 92 - 41 can be found at the end of these minutes.
Resolution No. 92 - 45 Ordering Preparation of Report for
Brandywood Estates, Second Addition - The preliminary plat was
approved for the entire subdivision of Brandywood Estates on
August 13, 1990. The final plat for the Second Addition is
currently being prepared. The developer has petitioned for
utilities and streets which would be entirely the developer's
expense. The next step in the City installed improvement process
is to initiate a feasibility report. A tight schedule is
necessary to allow the installation of utilities and streets
during the 1992 construction season. The developer has made a
cash escrow deposit to cover the estimated cost of the
feasibility report.
Council Member Kuether moved to adopt Resolution No. 92 - 45.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 92 - 45 can be found at the end of these minutes.
Resolution No. 92 - 44 Accepting the Environment Assessment
Worksheet (EAW), Apollo Drive Improvement - Mr. John Powell
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explained that the EAW has been prepared according to the
direction of the City Council on February 24, 1992. He asked
that Resolution No. 92 - 44 be adopted allowing the distribution
of the EAW to the Environmental Quality Board and other agencies
per Minnesota Statutes Chapter 4410.1500.
Council Member Kuether moved to adopt Resolution No. 92 - 44.
Council Member Neal seconded the motion. Motion carried
unanimously.
Resolution No. 92 - 44 can be found at the end of these minutes.
PARK BOARD REPORT
Consideration of Purchase of Birch Park Building - Mr. Volk
explained that a trailer was leased with the option to purchase
after the first 15 months of a 50% dedicated lease monies applied
toward purchase. The lease was later extended to 19 months. The
19 months lease /option was initiated in November, 1989. The City
is now leasing the unit on an open -end basis. The balance due to
buy this unit is $2,370.00. Mr. Volk stressed the need for this
unit for Birch Park and for the activities that are now occurring
at Birch Park.
Council Member Elliott moved to approve purchasing the unit for
$2,370.00, Option No. 2 of Mr. Volk's green sheet. Council
Member Neal seconded the motion. Motion carried unanimously.
Consideration of Purchase of Park Building on Shores of Marshan
Lake Subdivision - Mr. Volk explained that the Park Department
has negotiated a purchase agreement for the building located at
the southwest corner of the above mentioned subdivision. The
negotiated price is $13,000.00. The building is located on park
land approved for this subdivision and will not be moved. If the
City does not purchase the building at this time, the building
will be moved to Yada Systems, Inc. the current owner of the
building. The Park Board has recommended purchase of the
building since it does fit into the needs of the Park Department
as it relates to the Comprehensive Park Plan.
The building measures 28 feet by 64 feet and has 10 foot
ceilings. It is completely finished and in excellent condition
on the exterior. The interior is roughed -in for plumbing,
heating and electrical service and there is a concrete floor.
There is also a well and septic system but the building can be
connected to municipal utilities when they are extended the
subdivision.
The proposed park area will be 1.9 acres with the intent that
additional acreage will be added to the south when abutting land
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develops.
Council Member Elliott moved to purchase the building for
$13,000.00. Council Member Kuether seconded the motion. Motion
carried unanimously.
OLD BUSINESS
Common Ground Update - Mr. Schumacher explained that he has made
a list of potential shared services areas as suggested at the
first common ground meeting. The next meeting was scheduled for
April 4, 1992 but will be rescheduled for near the end of April.
Mayor Reinert asked that each Council Member take time and list
their opinions and bring them to a work session to discuss and
develop a Lino Lakes position regarding shared services. Mr.
Schumacher asked each Council Member to rank in priority their
ideas and opinions.
Consideration of Entering into an Agreement for Attorney Services
- Mr. Schumacher explained that based on the discussion at the
March 18, 1992 work session regarding attorney's service, a three
(3) year agreement has been proposed by Burke and Hawkins. The
agreement offers no increase in fees for 1992 and 1993 and a
maximum possible increase of 3% for 1994. The agreement is
similar to other consulting services and from a budgeting
standpoint, it is very good to know in advance what can be
planned for the coming budget. Mr. Hawkins said that he has
enjoyed working with this Council and felt the next several years
appear to be exciting. He also said he did not want to leave his
work here.
Council Member Neal moved to accept the proposal by Burke and
Hawkins for attorney's service. Council Member Kuether seconded
the motion. Motion carried unanimously.
Council Liaison Reports - Council Member Neal gave a brief report
regarding the Police Department, Council Member Kuether gave a
brief report regarding the Public Works Department, Council
Member Elliott gave a brief report regarding the Parks and
Recreation Department and Mayor Reinert gave a brief report
regarding Administration.
Council Member Neal noted that the Police Department moved into
their new building on March 3, 1992. He noted that some of the
remodeling is incomplete. A new sign has been installed and an
open house is planned for both the Fire Department and the Police
Department for March 29, 1992. Council Member Neal noted the
many displays that will be available for the open house. The
Police Department is considering purchasing four (4) new squads
in 1993 as well as a new 4 -wheel drive vehicle. Council Member
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Neal noted an improvement of morale since the move and an
appreciation for less crowded spaces.
Council Member Kuether explained that her "eyes have been opened"
by taking the position of Public Works liaison. She noted that
the dirt roads are in very tough shape. Once the frost is out,
the roads will be graded once a week. All streets are being
checked to see if reconstruction is needed or if patching will be
sufficient for this year.
Council Member Elliott said she has attended meetings, is looking
at the trail system and working on citizens complaints. Two (2)
more shelters are being added to the Parks system and the Parks
Department is looking into the possibility of contracting lawn
mowing services. Council Member Elliott said she is looking
forward to settling in the new Park Board members.
Mayor Reinert noted that the biggest concern has been the
moratorium. He felt it allowed time to take a "fresh" look at
things. Mayor Reinert noted that City Engineer, Darrell Schneider
is now on board. He will have a more complete report of things
that have been accomplished at a later date.
NEW BUSINESS
Consideration of Liquor License Request, Shirley Kaye's - Mrs.
Anderson explained that this business located at 6810 Lake Drive
has been repossessed by the underlying landowner and the owner
has contracted with his wife to re -open under the new name.
Chief Campbell has performed the background investigation and all
is in order. All license fees have been paid. Mrs. Anderson
asked that the licenses be approved contingent upon receipt of
proof of insurance and receipt of proof of paid taxes.
Council Member Kuether moved to approve the liquor licenses for
Shirley Kaye's contingent upon receipt of proof of payment of
taxes and receipt of proof of insurance. Council Member Neal
seconded the motion. Motion carried unanimously.
Consideration of Revision of Precinct Boundaries - Mrs. Anderson
presented a map indicating a revision of the present precinct
boundaries and adding a third precinct for Lino Lakes. She had
previously drafted a memorandum to Mayor Reinert and Council
Members outlining the need for a third precinct and explained the
number of registered voters suggested for each precinct. Mrs.
Anderson noted that the City Council did have the option to leave
precinct boundaries as they currently are or to approve the draft
of precinct boundaries as she has prepared or to redraft precinct
boundaries in some other configuration. Council Member Neal
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moved to approve the revision of precinct boundaries as prepared
by Mrs. Anderson and outlined in her memorandum dated March 17,
1992. Council Member Kuether seconded the motion. Motion
carried unanimously.
Proclamation, Earth Day - Mr. Volk explained that this
proclamation is similar as adopted the past two (2) years and it
does proclaim April 25, 1992 as Earth Day. He noted that a
committee is preparing to conduct a City wide clean -up day on May
2, 1992 which would be in conjunction with Earth Day. Council
Member Kuether moved to adopt the proclamation. Council Member
Elliott seconded the motion. Motion carried unanimously.
SECOND READING, ORDINANCE NO. 16 - 91, REZONE OUTLOT J, BLACK
DUCK ESTATES
Mr. Schumacher explained that the first reading was held in
December, 1991. Council Member Elliott moved to adopt the second
reading of Ordinance No. 16 - 91. Council Member Kuether
seconded the motion. Motion carried unanimously.
DISBURSEMENTS, MARCH 23, 1992
Council Member Kuether questioned the disbursement to Firstar
Bank Hugo. Mrs. Anderson explained that was for the safety
deposit box rental. Council Member Kuether questioned the
disbursement for Labor Relations Services. Mr. Schumacher
explained this was for the services of Karen Olson and Lyle Smith
regarding Comparable Worth matters. Council Member Kuether
questioned the disbursement to Barna, Buzy & Stefen for attorney
services. Mr. Schumacher explained that Chief Campbell asked
this firm to help in determining some job descriptions. Council
Member Kuether asked why Chief Campbell did not go to the City
Attorney. Mr. Schumacher explained that Chief Campbell had
worked with this firm in the past. Council Member Kuether
questioned the disbursement to First Trust. Mr. Schumacher
explained that this is for EDA administrative fees in conjunction
with the lease /purchase bonds.
The disbursement to W.A. Egan was questioned. Mr. Schumacher
explained that all motor vehicle fuels are purchased from this
vender. The disbursement to TKDA was questioned. Mr. Schumacher
explained that there are some improvement costs that are charged
back to the developer. The work performed by TKDA cannot be done
"in- house ". The disbursement to Lightening Printing was
questioned. Mr. Schumacher explained that this was for printing
flyers to be sent to every resident in Lino Lakes regarding
recycling. This will be paid from grant funds.
Council Member Kuether moved to approve the March 23, 1992
PAGE 14
177
178
COUNCIL MEETING MARCH 23, 1992
Disbursement. Council Member Elliott seconded the motion.
Motion carried unanimously.
EDA Meeting - Mr. Schumacher noted that a March 25, 1992 EDA
meeting has been scheduled. All landowners are being invited.
The plan is to establish a structure for the Apollo Drive area.
Mr. Schumacher also noted that Roger Jensen has moved to Lino
Lakes and has asked to be included in the EDC.
Mayor Reinert said he was pleased to have Glenn Rehbein involved
in this matter and asked that he be brought up to speed regarding
the development of this area.
Mr. Schumacher noted that the Council work session was moved to
Tuesday, April 7, 1992 at 5:00 P.M.
Council Member Neal moved to adjourn at 9:00 P.M. Council Member
Kuether seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular meeting of the Lino Lakes City Council on April 27, 1992.
Vernon R. Reinert,
Mayor
PAGE 15
1
1
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1
Extract of Minutes of Meeting
of the City Council of the City of
Lino Lakes, Anoka County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Lino Lakes, Minnesota, was duly held in the City Hall in said City on
Monday, March 23, 1992, commencing at 6:30 P.M.
The following members were present:
and the following were absent:
The Mayor announced that the next order of business was consideration of the
proposals which had been received for the purchase of the City's $1,060,000 General
Obligation Water Revenue Bonds, Series 1992B .
The City Administrator presented a tabulation of the proposals which had been
received in the manner specified in the Terms of Proposal of the Bonds. The
proposals were as follows:
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After due consideration of the proposals, Member
Kuether
then
introduced the following written resolution and moved its adoption the reading of
which had been dispensed with by unanimous consent:
RESOLUTION NO. 92 - 42
A RESOLUTION AWARDING THE SALE OF $1,060,000 GENERAL
OBLIGATION WATER REVENUE BONDS, SERIES 1992B;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka
County, Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. The proposal of (Purchaser)
to purchase $1,060,000 General Obligation Water Revenue Bonds, Series 1992B
(Bonds) of the City described in the Terms of Proposal thereof is found and
determined to be the highest and best proposal received and is accepted, the
proposal being to purchase the Bonds at a price of $ plus accrued
interest to date of delivery, for Bonds bearing interest as follows:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1994 2002
1995 2003
1996 2004
1997 2005
1998 2006
1999 2007
2000 2008
2001
Net effective interest rate:
1.02. The sum of $ being the amount proposal by the Purchaser
in excess of $1,044,100 will be credited to the Debt Service Fund hereinafter
created. The City Clerk- Treasurer is directed to retain the good faith check of the
Purchaser, pending completion of the sale of the Bonds, and to return the good faith
checks of the unsuccessful bidders forthwith. The Mayor and City Clerk- Treasurer
are directed to execute a contract with the Purchaser on behalf of the City.
1.03. The City shall forthwith issue and sell the Bonds in the total principal
amount of $1,060,000, originally dated April 1, 1992, in the denomination of $5,000
each or any integral multiple thereof, numbered No. R -1, upward, bearing interest
as above set forth, and which mature serially on February 1 in the years and
amounts as follows:
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1
Year Amount Year Amount
1994 $ 25,000 2002 $ 75,000
1995 40,000 2003 80,000
1996 50,000 2004 85,000
1997 50,000 2005 90,000
1998 55,000 2006 100,000
1999 55,000 2007 105,000
2000 65,000 2008 115,000
2001 70,000
1.04. Optional Redemption. The City may elect on February 1, 2001 and on
any date thereafter to prepay Bonds maturing on or after February 1, 2002.
Redemption may be in whole or in part of the Bonds subject to prepayment. If
redemption is in part, it shall be in such order as the City shall determine If only
part of the Bonds having a common maturity date are called for prepayment the
specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments
will be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds shall be issued only in fully registered
form. The interest thereon and, upon surrender of each Bond, the principal amount
thereof, is payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last
interest payment date preceding the date of authentication to which interest on the
Bond has been paid or made available for payment, unless (i) the date of
authentication is an interest payment date to which interest has been paid or made
available for payment, in which case such Bond shall be dated as of the date of
authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case such Bond will be dated as of the date of original issue.
The interest on the Bonds will be payable on February 1 and August 1 of each year,
commencing February 1, 1993, to the owner of record thereof as of the close of
business on the fifteenth day of the immediately preceding month, whether or not
such day is a business day.
2.03. Registration. The City will appoint, and shall maintain, a bond
registrar, transfer agent, authenticating agent and paying agent (Registrar) . The
effect of registration and the rights and duties of the City and the Registrar with
respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate
trust office a bond register in which the Registrar provides for the
registration of ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed
by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar will authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
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182
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the
registered owner for exchange the Registrar will authenticate and deliver one
or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon any transfer or exchange
will be promptly cancelled by the Registrar and thereafter disposed of as
directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the Bond
until the Registrar is satisfied that the endorsement on the Bond or separate
instrument of transfer is valid and genuine and that the requested transfer
is legally authorized. The Registrar will incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat
the person in whose name a Bond is registered in the bond register as the
absolute owner of the Bond, whether the Bond is overdue or not, for the
purpose of receiving payment of, or on account of, the principal of and
interest on the Bond and for all other purposes, and payments so made to a
registered owner or upon the owner's order will be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes, Fees and Charges. For a transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes
mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution
for and upon cancellation of the mutilated Bond or in lieu of and in
substitution for a Bond destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen
or lost, and of the ownership thereof, and upon furnishing to the Registrar
of an appropriate bond or indemnity in form, substance and amount
satisfactory to it and as provided by law, in which both the City and the
Registrar must be named as obligees. Bonds so surrendered to the Registrar
will be cancelled by the Registrar and evidence of such cancellation must be
given to the City. If the mutilated, destroyed, stolen or lost Bond has
already matured or been called for redemption in accordance with its terms it
is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for
redemption, notice thereof identifying the Bonds to be redeemed will be given
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1
by the Registrar by mailing a copy of the redemption notice by first class mail
(postage prepaid) not more than 60 and not less than 30 days prior to the date
fixed for redemption to the registered owner of each Bond to be redeemed at
the address shown on the registration books kept by the Registrar and by
publishing the notice in the manner required by law. Failure to give notice
by publication or by mail to any registered owner, or any defect therein, will
not affect the validity of any proceeding for the redemption of Bonds. Bonds
so called for redemption will cease to bear interest after the specified
redemption date, provided that the funds for the redemption are on deposit
with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints
, Minnesota, as the initial
Registrar. The Mayor and the City Clerk- Treasurer are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or con-
solidation of the Registrar with another corporation, if the resulting corporation is
a bank or trust company authorized by law to conduct such business, such
corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The
City reserves the right to remove the Registrar upon 30 days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar must
deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal
or interest due date, without further order of this Council, the Treasurer must
transmit to the Registrar moneys sufficient for the payment of all principal and
interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared
under the direction of the Clerk - Treasurer and executed on behalf of the City by the
signatures of the Mayor and the Clerk- Treasurer, provided that all signatures may
be printed, engraved or lithographed facsimiles of the originals. In case any officer
whose signature or a facsimile of whose signature appears on the Bonds ceases to be
such officer before the delivery of any Bond, such signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery. Notwithstanding such execution, a Bond will not
be valid or obligatory for any purpose or entitled to any security or benefit under
this Resolution unless and until a certificate of authentication on the Bond has been
duly executed by the manual signature of an authorized representative of the Regis-
trar. Certificates of authentication on different Bonds need not be signed by the
same representative. The executed certificate of authentication on each Bond is
conclusive evidence that it has been authenticated and delivered under this Resolu-
tion. When the Bonds have been so prepared, executed and authenticated, the
Clerk- Treasurer shall deliver the same to the Purchaser upon payment of the pur-
chase price in accordance with the contract of sale heretofore made and executed,
and the Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds . The City may elect to deliver in lieu of printed
definitive Bonds one or more typewritten temporary Bonds in substantially the form
set forth in Section 3 with such changes as may be necessary to reflect more than one
maturity in a single temporary bond. Upon the execution and delivery of definitive
Bonds the temporary Bonds will be exchanged therefor and cancelled.
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184
Section 3. Form of Bond.
3.01. The Bonds will be printed in substantially the following form:
[Face of the Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
GENERAL OBLIGATION WATER REVENUE BOND, SERIES 1992B
Date of
Rate Maturity Original Issue
April 1, 1992
CUSIP
No. $
The City of Lino Lakes, Minnesota, a duly organized and existing municipal
corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted
and for value received hereby promises to pay to
or registered assigns, the principal sum of $ on the maturity date
specified above, with interest thereon from the date hereof at the annual rate
specified above, payable February 1 and August 1 in each year, commencing
February 1, 1993, to the person in whose name this Bond is registered at the close
of business on the fifteenth day (whether or not a business day) of the immediately
preceding month. The interest hereon and, upon presentation and surrender
hereof, the principal hereof are payable in lawful money of the United States of
America by check or draft by , Minnesota,
as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its
designated successor under the Resolution described herein. For the prompt and
full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevo-
cably pledged.
The City may elect on February 1, 2001, and on any date thereafter, to prepay
Bonds of this issue maturing on or after February 1, 2002. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, it
shall be in such order as the City shall determine If only part of the Bonds having
a common maturity date are called for prepayment the specific Bonds to be prepaid
will be chosen by lot by the Registrar. All prepayments shRll be at a price of par
plus accrued interest.
The City Council has designated the Bonds as "qualified tax exempt obliga-
tions" within the meaning of Section 265(b) (3) of the Internal Revenue Code of 1986,
as amended (the Code) relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year
of issue.
SNC31647
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1
Additional provisions of this Bond contained on the reverse hereof have the
same effect as though fully set forth in this place.
This Bond is not valid or obligatory for any purpose or entitled to any
security or benefit under the Resolution until the Certificate of Authentication
hereon has been executed by the Bond Registrar by manual signature of one of its
authorized representatives.
IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the facsimile
signatures of the Mayor and City Clerk - Treasurer and has caused this Bond to be
dated as of the date set forth below.
Dated:
CITY OF LINO LAKES, MINNESOTA
(Facsimile) (Facsimile)
City Clerk - Treasurer Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
By
Authorized Representative
[Reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of $1,060,000
all of like original issue date and tenor, except as to number, maturity date, redemp-
tion privilege, and interest rate, all issued pursuant to a resolution adopted by the
City Council on March 23, 1992 (the Resolution) , for the purpose of providing money
to aid in financing various improvements to the water system of the City, pursuant
to and in full conformity with the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Section 444.075 and the City's home rule charter and
the principal hereof and interest hereon are payable primarily from the net revenues
of the water system of the City in a special debt service fund of the City, as set
forth in the Resolution to which reference is made for a full statement of rights and
powers thereby conferred. The full faith and credit of the City are irrevocably
pledged for payment of this Bond and the City Council has obligated itself to levy
ad valorem taxes on all taxable property in the City in the event of any deficiency
in net revenues pledged, which taxes may be levied without limitation as to rate or
amount. The Bonds of this series are issued only as fully registered Bonds in
denominations of $5,000 or any integral multiple thereof of single maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the
City has covenanted and agreed that it will continue to own and operate the water
system free from competition by other like utilities; that adequate insurance on said
plant and system and suitable fidelity bonds on employees will be carried; that
proper and adequate books of account will be kept showing all receipts and
SNG31647
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186
disbursements relating to the Water Fund, into which it will pay all of the gross
revenues from the water system; that it will also create and maintain a General
Obligation Water Revenue Bonds, Series 1992B Debt Service Fund, into which it will
pay, out of the net revenues from the water system a sum sufficient to pay principal
hereof and interest thereon when due; and that it will provide, by ad valorem tax
levies, for any deficiency in required net water system revenues.
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the City at the principal office
of the Bond Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Bond Registrar, duly executed by the
registered owner or the owner's attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange the
City will cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the
same rate and maturing on the same date, subject to reimbursement for any tax, fee
or governmental charge required to be paid with respect to such transfer or
exchange.
The City and the Bond Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the City nor the Bond Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the Constitution and laws of the State of
Minnesota and the City's home rule charter to be done, to exist, to happen and to be
performed preliminary to and in the issuance of this Bond in order to make it a valid
and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required, and that
the issuance of this Bond does not cause the indebtedness of the City to exceed any
constitutional, statutory or charter limitation of indebtedness.
(Form of certificate to be printed on the reverse side of each Bond, following
a full copy of the legal opinion. )
I certify that the above is a full, true and correct copy of the legal opinion
rendered by bond counsel on the issue of Bonds of the City of Lino Lakes, Minne-
sota, which includes the within Bond, dated as of the date of delivery of and
payment for the Bonds.
(Facsimile Signature)
City Clerk- Treasurer
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
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TEN COM -
TEN ENT -
JT TEN --
- as tenants UNIF GIFT MIN ACT Custodian
in common (Cust) (Minor)
- as tenants under Uniform Gifts or
by entireties Transfers to Minors
as joint tenants with
right of survivorship and
not as tenants in common
Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights
thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for
registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within Bond in
every particular, without alteration or any chRnge whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if
this Bond is held by joint account. )
Please insert social security or other
identifying number of assignee
3.02. The City Clerk- Treasurer shall obtain a copy of the proposed approving
legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which shall
be complete except as to dating thereof and shall cause the opinion to be printed on
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188
each Bond, together with a certificate to be signed by the facsimile signature of the
Clerk- Treasurer in substantially the form set forth in the form of Bond. The Clerk -
Treasurer is hereby authorized and directed to execute such certificate in the name
of the City upon receipt of such opinion and to file the opinion in the City offices .
Section 4. Payment: Security: Pledges and Covenants.
4.01. The City will create and continue to operate its Water Fund to which will
be credited all gross revenues of the water system and out of which will be paid all
normal and reasonable expenses of current operations of the water system. Any
balance therein are deemed net revenues and will be transferred, from time to time,
to a General Obligation Water Revenue Bonds, Series 1992B Debt Service Fund (Debt
Service Fund) hereby created in the Water Fund, which fund will be used only to
pay principal of and interest on the Bonds and any other bonds similarly authorized.
There will always be retained in the Debt Service Fund a sufficient amount to pay
principal of and interest on all the Bonds, and the Clerk- Treasurer must report any
current or anticipated deficiency in the Debt Service Fund to the City Council.
There is appropriated to the Debt Service Fund all capitalized interest financed from
Bond proceeds, if any, any amount over the minimum purchase price of the Bonds
paid by the Purchaser and all accrued interest paid by the Purchaser upon closing
and delivery of the Bonds.
4.02. The City Council covenants and agrees with the hold ers of the Bonds
that so long as any of the Bonds remain outstanding and unpaid, it will keep and
enforce the following covenants and agreements:
(a) The City will continue to maintain and efficiently operate the
water system as public utilities and conveniences free from competition of
other like utilities and will cause all revenues therefrom to be deposited in
bank accounts and credited to the water system accounts as hereinabove
provided, and will make no expenditures from those accounts except for a
duly authorized purpose and in accordance with this resolution.
(b) The City will also maintain the Debt Service Fund as a separate
account in the Water Fund and will cause money to be credited thereto from
time to time, out of net revenues from the water system in sums sufficient to
pay principal of and interest on the Bonds when due.
(c) The City will keep and maintain proper and adequate books of
records and accounts separate from all other records of the City in which will
be complete and correct entries as to all transactions relating to the water
system and which shall be open to inspection and copying by any bond holder,
or the holder's agent or attorney, at any reasonable time, and it will furnish
certified transcripts therefrom upon request and upon payment of a
reasonable fee therefor, and said account will be audited at least annually by
a qualified public accountant and statements of such audit and report will be
furnished to all bondholders upon request.
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(d) The City Council will cause persons handling revenues of the
water system to be bonded in reasonable amounts for the protection of the City
and the bondholders and will cause the funds collected on account of the
operations of the water system to be deposited in a bank whose deposits are
guaranteed under the Federal Deposit Insurance Law.
1
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(e) The Council will keep the water system insured at all times
against loss by fire , tornado and other risks customarily insured against with
an insurer or insurers in good standing, in such amounts as are customary for
like plants, to protect the holders, from time to time, of the Bonds and the
City from any loss due to any such casualty and will apply the proceeds of
such insurance to make good any such loss .
(f) The City and each and all of its officers will punctually perform
all duties with reference to the water system as required by law.
(g) The City will impose and collect charges of the nature authorized
by Minnesota Statutes, Section 444.075 at the times and in the amounts
required to produce net revenues adequate to pay all principal and interest
when due on the Bonds and to create and maintain such reserves securing said
payments as may be provided in this resolution.
(h) The City Council will levy general ad valorem taxes on all taxable
property in the City, when required to meet any deficiency in net revenues.
4.03. It is hereby determined that the estimated collection of net revenues for
the payment of principal and interest on the Bonds will produce at least five percent
in excess of the amount needed to meet, when due, the principal and interest
payments on the Bonds and that no tax levy is needed at this time.
4.04. The City Clerk - Treasurer is authorized and directed to file a certified
copy of this resolution with the County Auditor and to obtain the certificate required
by Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and
furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of proceedings and records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other certificates, affidavits and
transcripts as may be required to show the facts within their knowledge or as shown
by the books and records in their custody and under their control, relating to the
validity and marketability of the Bonds and such instruments, including any
heretofore furnished, shall be deemed representations of the City as to the facts
stated therein.
5.02. The Mayor and City Clerk- Treasurer are authorized and directed to
certify that they have examined the Official Statement prepared and circulated in
connection with the issuance and sale of the Bonds and that to the best of their
knowledge and belief the Official Statement is a complete and accurate representation
of the facts and representations made therein as of the date of the Official Statement.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the
Bonds that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to
taxation under the Internal Revenue Code of 1986, as amended (the Code), and the
Treasury Regulations promulgated thereunder, in effect at the time of such actions,
and that it will take or cause its officers, employees or agents to take, all affirmative
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action within its power that may be necessary to ensure that such interest will not
become subject to taxation under the Code and applicable Treasury Regulations, as
presently existing or as hereafter amended and made applicable to the Bonds.
6.02. The City shall comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds
under Section 103 of the Code, including without limitation requirements relating to
temporary periods for investments, limitations on amounts invested at a yield greater
than the yield on the Bonds, and the rebate of excess investment earnings to the
United States to the extent required.
6.03. The City further covenants not to use the proceeds of the Bonds or to
cause or permit them or any of them to be used, in such a manner as to cause the
Bonds to be "private activity bonds" within the meaning of Sections 103 and 141
through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax- exempt obligations"
within the meaning of Section 265(b) (3) of the Code, the City makes the following
factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section
141 of the Code;
(b) the City designates the Bonds as "qualified tax- exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax- exempt obligations
(other than private activity bonds, treating qualified 501(c) (3) bonds as not
being private activity bonds) which will be issued by the City (and all
subordinate entities of the City) during calendar year 1992 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City
during calendar year 1992 have been designated for purposes of Section
265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this
section.
The motion for the adoption of the foregoing resolution was duly seconded by
Member Elliott
, and upon vote being taken thereon, the following
voted in favor thereof: Neal, Kuether, Reinert, Elliott.
and the following voted against the same: None.
whereupon said resolution was declared duly passed and adopted.
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1
STATE OF MINNESOTA )
COUNTY OF ANOKA ) SS.
CITY OF LINO LAKES )
I, the undersigned, being the duly qualified and acting Clerk- Treasurer of
the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a regular
meeting of the City Council of the City held on March 23, 1992 with the original
minutes on file in my office and the extract is a full, true and correct copy of the
minutes insofar as they relate to the issuance and sale of $1,060,000 General
Obligation Water Revenue Bonds, Series 1992B of the City.
WITNESS My hand officially as such Clerk- Treasurer and the corporate seal
of the City this day of March
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(SEAL)
, 1992.
CL-1 /11 _ �/� 7i/< C/✓� t/l
Cit Clerk- Treasurer
Lino Lakes, Minnesota
191
192
Extract of Minutes of Meeting
of the City Council of the City of
Lino Lakes, Anoka County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Lino Lakes, Minnesota, was duly held in the City Hall in said City on
March 23, 1992, commencing at 6:30 P.M.
The following members were present:
and the following were absent:
* * *
The Mayor announced that the next order of business was consideration of the
proposals which had been received for the purchase of the City's $3,640,000 General
Obligation Improvement Refunding Bonds, Series 1992A.
The City Administrator presented a tabulation of the proposals which had been
received in the manner specified in the Terms of Proposal of the Bonds. The
proposals were as follows:
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193
After due consideration of the proposals, Member Kuether then
introduced the following written resolution and moved its adoption the reading of
which had been dispensed with by unanimous consent:
RESOLUTION NO. 92 - 43
A RESOLUTION AWARDING THE SALE OF $3,640,000
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka
County, Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. The proposal of (Purchaser)
to purchase $3,640,000 General Obligation Improvement Refunding Bonds, Series
1992A (Bonds) of the City described in the Terms of Proposal thereof is determined
to be the highest and best proposal received and is accepted, the proposal being to
purchase the Bonds at a price of $ plus accrued interest to date of
delivery, for Bonds bearing interest as follows:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1993 2000
1994 2001
1995 2002
1996 2003
1997 2004
1998 2005
1999 2006
Net effective interest rate:
1.02. The sum of $ being the amount bid by the Purchaser in
excess of $3,585,400 is credited to the Debt Service Fund hereinafter created. The
City Clerk- Treasurer is directed to retain the good faith check of the Purchaser,
pending completion of the sale of the Bonds, and to return the good faith checks of
the unsuccessful bidders forthwith. The Mayor and City Clerk- Treasurer are
directed to execute a contract with the Purchaser on behalf of the City.
1.03. The City will forthwith issue and sell the Bonds in the total principal
amount of $3,640,000, originally dated April 1, 1992, in the denomination of $5,000
each or any integral multiple thereof, numbered No. R -1, upward, bearing interest
as above set forth, and which mature serially on February 1 in the years and
amounts as follows:
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Year Amount Year Amount
1993 $ 150,000 2000 $ 280,000
1994 150,000 2001 290,000
1995 150,000 2002 300,000
1996 200,000 2003 320,000
1997 220,000 2004 340,000
1998 250,000 2005 360,000
1999 270,000 2006 360,000
1.04. Optional Redemption. The City may elect on February 1, 2001 and on
any date thereafter to prepay Bonds maturing on or after February 1, 2002.
Redemption may be in whole or in part of the Bonds subject to prepayment. If
redemption is in part, it shall be in such order as the City shall determine. If only
part of the Bonds having a common maturity date are called for prepayment the
specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments
will be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds shall be issued only in fully registered
form. The interest thereon and, upon surrender of each Bond, the principal amount
thereof, is payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last
interest payment date preceding the date of authentication u which whic the interest on the
Bond has been paid or made available for payment,
authentication is an interest payment date to which interest has been paid or made
available for payment, in which case such Bond shall be dated as of the date of
authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case such Bond will be dated as of the date of original issue.
The interest on the Bonds is payable on February 1 and August 1 of each year,
commencing February 1, 1993, to the owner of record thereof as of the close of
business on the fifteenth day of the immediately preceding month, whether or not
such day is a business day_
2.03. Registration. The City will appoint, and shall maintain, a bond
registrar, transfer agent, authenticating agent and paying agent (Registrar) . The
effect of registration and the rights and duties of the City and the Registrar with
respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate
trust office a bond register in which the Registrar provides for the
registration of ownership of Bonds and the registration of transfers and
exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed
by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar will authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
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any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the
registered owner for exchange the Registrar will authenticate and deliver one
or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon any transfer or exchange
will be promptly cancelled by the Registrar and thereafter disposed of as
directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the Bond
until the Registrar is satisfied that the endorsement on the Bond or separate
instrument of transfer is valid and genuine and that the requested transfer
is legally authorized. The Registrar will incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat
the person in whose name a Bond is registered in the bond register as the
absolute owner of the Bond, whether the Bond is overdue or not, for the
purpose of receiving payment of , or on account of, the principal of and
interest on the Bond and for all other purposes, and payments so made to a
registered owner or upon the owner's order will be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes, Fees and Charges. For a transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other governmental charge
required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes
mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution
for and upon cancellation of the mutilated Bond or in lieu of and in
substitution for any Bond destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen
or lost, and of the ownership thereof, and upon furnishing to the Registrar
of an appropriate bond or indemnity in form, substance and amount
satisfactory to it and as provided by law, in which both the City and the
Registrar must be named as obligees. Bonds so surrendered to the Registrar
will be cancelled by the Registrar and evidence of such cancellation must be
given to the City. If the mutilated, destroyed, stolen or lost Bond has
already matured or been called for redemption in accordance with its terms it
is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for re-
demption, notice thereof identifying the Bonds to be redeemed will be given
by the Registrar by mailing a copy of the redemption notice by first class mail
SNG31693
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196'
(postage prepaid) not more than 60 and not less than 30 days prior to the date
fixed for redemption to the registered owner of each Bond to be redeemed at
the address shown on the registration books kept by the Registrar and by
publishing the notice in the manner required by law. Failure to give notice
by publication or by mail to any registered owner, or any defect therein, will
not affect the validity of any proceeding for the redemption of Bonds. Bonds
so called for redemption will cease to bear interest after the specified
redemption date, provided that the funds for the redemption are on deposit
with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints
, Minnesota, as the initial
Registrar. The Mayor and the City Clerk- Treasurer are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or con-
solidation of the Registrar with another corporation, if the resulting corporation is
a bank or trust company authorized by law to conduct such business, such
corporation is authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The
City reserves the right to remove the Registrar upon 30 days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar must
deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal
or interest due date, without further order of this Council, the Clerk- Treasurer
must transmit to the Registrar moneys sufficient for the payment of all principal and
interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared
under the direction of the Clerk - Treasurer and executed on behalf of the City by the
signatures of the Mayor and the Clerk- Treasurer, provided that all signatures may
be printed, engraved or lithographed facsimiles of the originals. In case any officer
whose signature or a facsimile of whose signature appears on the Bonds ceases to be
such officer before the delivery of any Bond, such signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery. Notwithstanding such execution, a Bond will not
be valid or obligatory for any purpose or entitled to any security or benefit under
this Resolution unless and until a certificate of authentication on the Bond has been
duly executed by the manual signature of an authorized representative of the Regis-
trar. Certificates of authentication on different Bonds need not be signed by the
same representative. The executed certificate of authentication on each Bond is
conclusive evidence that it has been authenticated and delivered under this Resolu-
tion. When the Bonds have been so prepared, executed and authenticated, the
Clerk- Treasurer shall deliver the same to the Purchaser upon payment of the pur-
chase price in accordance with the contract of sale heretofore made and executed,
and the Purchaser is not obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed
definitive Bonds one or more typewritten temporary Bonds in substantially the form
set forth in Section 3 with such changes as may be necessary to reflect more than one
maturity in a single temporary bond. Upon the execution and delivery of definitive
Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed in substantially the following form:
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- 197
[Face of the Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1992A
Date of
Rate Maturity Original Issue CUSIP
April 1, 1992_
No. $
The City of Lino Lakes, Minnesota, a duly organized and existing - municipal
corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted
and for value received promises to pay to
or registered assigns, the principal sum of $ on the maturity date
specified above, with interest thereon from the date hereof at the annual rate
specified above, payable February 1 and August 1 in each year, commencing
February 1, 1993, to the person in whose name this Bond is registered at the close
of business on the fifteenth day (whether or not a business day) of the immediately
preceding month. The interest hereon and, upon presentation and surrender
hereof, the principal hereof are payable in lawful money of the United States of
America by check or draft by , Minnesota,
as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its
designated successor under the Resolution described herein. For the prompt and
full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevo-
cably pledged.
The City may elect on February 1, 2001, and on any date thereafter, to prepay
Bonds of this issue maturing on or after February 1, 2002. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, it
shall be in such order as the City shall determine. If only part of the Bonds having
a common maturity date are called for prepayment the specific Bonds to be prepaid
will be chosen by lot by the Registrar. All prepayments shall be at a price of par
plus accrued interest.
The City Council has designated the Bonds as "qualified tax exempt obliga-
tions" within the meaning of Section 265 (b) (3) of the Internal Revenue Code of 1986,
as amended (the Code) relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year
of issue.
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Additional provisions of this Bond are contained on the reverse hereof and
such provisions for all purposes have the same effect as though fully set forth in
this place.
This Bond is not valid or obligatory for any purpose or entitled to any
security or benefit under the Resolution until the Certificate of Authentication
hereon has been executed by the Bond Registrar by manual signature of one of its
authorized representatives.
IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the facsimile
signatures of the Mayor and City Clerk - Treasurer and has caused this Bond to be
dated as of the date set forth below.
Dated:
CITY OF LINO LAKES, MINNESOTA
(Facsimile) (Facsimile)
City Clerk - Treasurer Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
By
Authorized Representative
[Reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of $3,640,000
all of like original issue date and tenor, except as to number, maturity date, redemp-
tion privilege, and interest rate, all issued pursuant to a resolution adopted by the
City Council on March 23, 1992 (the Resolution) , for the purpose of providing money
to refund the outstanding principal amount of certain general obligation bonds of the
City, pursuant to and in full conformity with the Constitution and laws of the State
of Minnesota, and the City's home rule charter, including Minnesota Statutes,
Chapter 429 and the principal hereof and interest hereon are payable primarily from
special assessments against property specially benefitted by local improvements and
other revenues of the City as set forth in the Resolution to which reference is made
for a full statement of rights and powers thereby conferred. The full faith and
credit of the City are irrevocably pledged for payment of this Bond and the City
Council has obligated itself to levy ad valorem taxes on all taxable property in the
City in the event of any deficiency in such special assessments and other revenues,
which taxes may be levied without limitation as to rate or amount. The Bonds of this
series are issued only as fully registered Bonds in denominations of $5,000 or any
integral multiple thereof of single maturities .
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the City at the principal office
of the Bond Registrar, by the registered owner hereof in person or by the owner's
attorney duly authorized in writing upon surrender hereof together with a written
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instrument of transfer satisfactory to the Bond Registrar, duly executed by the
registered owner or the owner's attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange the
City will cause a new Bond or Bonds to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the
same rate and maturing on the same date, subject to reimbursement for any tax, fee
or governmental charge required to be paid with respect to such transfer or
exchange.
The City and the Bond Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the City nor the Bond Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the Constitution and laws of the State of
Minnesota and the City's home rule charter to be done, to exist, to happen and to be
performed preliminary to and in the issuance of this Bond in order to make it a valid
and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required, and that
the issuance of this Bond does not cause the indebtedness of the City to exceed any
constitutional, statutory or charter limitation of indebtedness.
(Form of certificate to be printed on the reverse side of each Bond, following
a full copy of the legal opinion. )
I certify that the above is a full, true and correct copy of the legal opinion
rendered by bond counsel on the issue of Bonds of the City of Lino Lakes, Minne-
sota, which includes the within Bond, dated as of the date of delivery of and
payment for the Bonds.
(Facsimile Signature)
City Clerk- Treasurer
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM -
TEN ENT -
JT TEN --
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- as tenants UNIF GIFT MIN ACT Custodian
in common (Cust) (Minor)
- as tenants under Uniform Gifts or
by entireties Transfers to Minors
as joint tenants with
right of survivorship and
not as tenants in common
Act
(State)
199
200
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights
thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for
registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond
with the name as it appears upon the face of the within Bond in
every particular, without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if
this Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
3.02. The City Clerk - Treasurer is authorized and directed to obtain a copy
of the proposed approving legal opinion of Holmes & Graven, Chartered,
Minneapolis, Minnesota, which is to be complete except as to dating thereof and
cause the opinion to be printed on each Bond, together with a certificate to be
signed by the facsimile signature of the Clerk- Treasurer in substant'A1ly the form
set forth in the form of Bond. The Clerk- Treasurer is authorized and directed to
execute the certificate in the name of the City upon receipt of the opinion and to file
the opinion in the City offices.
Section 4. Payment: Security: Pledges and Covenants.
4.01. (a) The Bonds are payable from the General Obligation Improvement
Refunding Bonds, Series 1992A Debt Service Fund (Debt Service Fund) hereby
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created, and the proceeds of special assessments (Assessments) levied for
improvements (Improvements) financed by the Refunded Bonds as hereinafter
defined] are hereby pledged to the Debt Service Fund.
(b) The debt service fund, if any, heretofore established for the Refunded
Bonds as defined in the resolution providing for the issuance and sale of the Bonds,
is terminated as of July 1, 1992, the maturity date of the Refunding Bonds, and any
monies then remaining therein are to be transferred to the Debt Service Fund herein
created. If any payment of principal or interest on the Bonds shall become due when
there is not sufficient money in the Debt Service Fund to pay the same, the Clerk -
Treasurer shall pay such principal or interest from the general fund of the City, and
the general fund shall be reimbursed for such advances out of the proceeds of
Assessments to be collected.
(c) There is hereby appropriated to the Debt Service Fund any amount over
the minimum purchase price of the Bonds paid by the Purchaser and all accrued
interest paid by the Purchaser upon closing and delivery of the Bonds .
4.02. It is determined that at least 20$ of the cost of the Improvements has
been specially assessed against benefitted property. For the purpose of paying the
principal of and interest on the Bonds, there is hereby levied a direct annual
irrepealable ad valorem tax upon all of the taxable property in the City, which shall
be spread upon the tax rolls and collected with and as part of other general taxes of
the City. Such tax shall be credited to the Debt Service Fund above provided and
shall be in the years and amounts as follows (year stated being year of levy for
collection the following year) :
Year Levy
(See Attachment A) ]
4.03. The Clerk - Treasurer is directed to file a certified copy of this
resolution with the County Auditor and to obtain the certificate required by Section
475.63 of the Act.
4.04. It is hereby determined that upon the receipt of proceeds of the Bonds
(Proceeds) for payment of the Refunded Bonds that an irrevocable appropriation to
the debt service fund for the Refunded Bonds shall have been made within the
meaning of Section 475.61, Subdivision 3 of the Act and the Clerk- Treasurer is
hereby authorized and directed to certify such fact to and request the County
Auditor to cancel any and all tax levies made by the resolution authorizing and
approving the Refunded Bonds.
4.05. It is hereby determined that the estimated collection of the foregoing
Taxes and Assessments will produce at least five percent in excess of the amount
needed to meet when due, the principal and interest payments on the Bonds . The
tax levy herein provided shall be irrepealable until all of the Bonds are paid,
provided that the City Clerk- Treasurer may annually, at the time the City makes its
tax levies, certify to the County Auditor the amount available in the Debt Service
Fund to pay principal and interest due during the ensuing year, and the County
Auditor shall thereupon reduce the levy collectible during such year by the amount
so certified. It is expected that the City will annually deposit in the Debt Service
Fund amounts from connection charges sufficient to cancel the levy for the following
year.
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201
202
4.06. It is hereby determined that the Improvements financed by the Bonds
will directly and indirectly benefit the abutting property, and the City hereby
covenants with the holders from time to time of the Bonds as follows:
(a) The City has levied Assessments for the improvements and has
taken all steps necessary to assure prompt collection thereof. The City
Council has caused all actions and proceedings relative to the making and
financing of the Improvements financed hereby to have been taken with due
diligence that were required for the construction of each Improvement
financed wholly or partly from the proceeds of the Bonds, and for the final
and valid levy of the Assessments and the appropriation of any other funds
needed to pay the Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in the
Assessments, the City Council will levy ad valorem taxes in the amount of said
current or anticipated deficiency.
(e) The City will keep complete and accurate books and records
showing all receipts and disbursements in connection with the Improvements;
Assessments levied therefor and other funds appropriated for their payment;
all collections thereof and disbursements therefrom; moneys on hand; and the
balance of unpaid Assessments.
(d) The City will cause its books and records to be audited at least
annually and will furnish copies of such audit reports to any interested person
upon request.
Section 5. Refunding: Findings: Payment of Refunded Bonds.
5.01. The Refunded Bonds are the General Obligation Temporary Improvement
Bonds, Series 1989, of the City, dated July 1, 1989, of which $4,660,000 in principal
amount is due on July 1, 1992.
5.02. It is hereby found and determined that the Proceeds together with other
funds of the City will be sufficient to pay all of the principal of, interest on and
redemption premium (if any) on the Refunded Bonds.
5.03. When all Bonds and all interest thereon, have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds shall cease, except that the pledge of the full
faith and credit of the City for the prompt and full payment of the principal of and
interest on the Bonds shall remain in full force and effect. The City may discharge
all Bonds which are due on any date by depositing with the Registrar on or before
that date a sum sufficient for the payment thereof in full. If any Bond should not
be paid when due, it may nevertheless be discharged by depositing with the
Registrar a sum sufficient for the payment thereof in full with interest accrued to the
date of such deposit.
Section 6. Authentication of Transcript.
6.01. The officers of the City are authorized and directed to prepare and
furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of proceedings and records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other certificates, affidavits and
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1
transcripts as may be required to show the facts within their knowledge or as shown
by the books and records in their custody and under their control, relating to the
validity and marketability of the Bonds and such instruments, including any
heretofore furnished, shall be deemed representations of the City as to the facts
stated therein.
6.02. The Mayor and City Clerk - Treasurer are hereby authorized and
directed to certify that they have examined the Official Statement prepared and
circulated in connection with the issuance and sale of the Bonds and that to the best
of their knowledge and belief the Official Statement is a complete and accurate repre-
sentation of the facts and representations made therein as of the date of the Official
Statement.
Section 7. Tax Covenant.
7.01. The City covenants and agrees with the holders from time to time of the
Bonds that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to
taxation under the Internal Revenue Code of 1986, as amended (the Code), and the
Treasury Regulations promulgated thereunder, in effect at the time of such actions,
and that it will take or cause its officers, employees or agents to take, all affirmative
action within its power that may be necessary to ensure that such interest will not
become subject to taxation under the Code and applicable Treasury Regulations, as
presently existing or as hereafter amended and made applicable to the Bonds.
7.02. The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds
under Section 103 of the Code, including without limitation requirements relating to
temporary periods for investments, limitations on amounts invested at a yield greater
than the yield on the Bonds, and the rebate of excess investment earnings to the
United States if required.
7.03. The City further covenants not to use the proceeds of the Bonds or to
cause or permit them or any of them to be used, in such a manner as to cause the
Bonds to be "private activity bonds" within the meaning of Sections 103 and 141
through 150 of the Code.
7.04. In order to qualify the Bonds as "qualified tax- exempt obligations"
within the meaning of Section 265(b)(3) of the Code, the City makes the follow - ing
factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section
141 of the Code;
SNG31693
LN140 -23
(b) the City hereby designates the Bonds as "qualified tax- exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax- exempt obligations
(other than private activity bonds, treating qualified 501(c) (3) bonds as not
being private activity bonds) which will be issued by the City (and all
subordinate entities of the City) during calendar year 1992 will not exceed
$10,000,000; and
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(d) not more than $10,000,000 of obligations issued by the City
during calendar year 1992 have been designated for purposes of Section
265(b)(3) of the Code.
7.05. The City shall use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this
section.
The motion for the adoption of the foregoing resolution was duly seconded by
Member Elliott
, and upon vote being taken thereon, the following
voted in favor thereof: Neal, Kuether, Reinert, Elliott.
and the following voted against the same: none.
whereupon said resolution was declared duly passed and adopted.
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LN140 -23
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- 205
STATE OF MINNESOTA )
COUNTY OF ANOKA ) SS.
CITY OF LINO LAKES )
I, the undersigned, being the duly qualified and acting Clerk- Treasurer of
the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have
carefully compared the attached and foregoing extract of minutes of a regular
meeting of the City Council of the City held on March 23, 1992 with the original
minutes on file in my office and the extract is a full, true and correct copy of the
minutes insofar as they relate to the issuance and sale of $3,640,000 General
Obligation Improvement Refunding Bonds, Series 1992A of the City.
WITNESS My hand officially as such Clerk - Treasurer and the corporate seal
of the City this
SNG31693
LN140 -23
(SEAL)
day of March , 1992.
City Clerk- Treasurer
Lino Lakes, Minnesota
206
Council Member Neal introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 — 40
RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR
BLACK DUCK ESTATES AND BLACK DUCK ESTATES, SECOND ADDITION
WHEREAS: the City Council has approved the preliminary plats for
Black Duck Estates and Black Duck Estates, Second
Addition, and
WHEREAS: the utility and street improvements will be financed by
the developer, and
WHEREAS: it is the policy of the City of Lino Lakes to prepare
plans and specification for all developer financed
improvements,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. Short - Elliott - Hendrickson, Inc. is hereby designated as
the engineer for this improvement. They shall prepare
plans and specifications for the making of such
improvement.
Adopted by the Lino Lakes Council on March 23, 1992.
Marilyn
Vernon F. Reinert, Mayor
G. Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Kuether and upon vote being taken
thereon, the following voted in favor thereof: Neal, Kuether, Reinert,
Elliott.
The following voted against same: None.
Whereupon the resolution was declared duly passed and adopted.
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Council Member Neal introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 - 41
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF REPORT - SHORES OR MARSHAN LAKE
BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA:
1. A certain petition requesting the improvement of Shores
of Marshan Lake, filed with the Council on March 23,
1992, is hereby declared to be signed by the required
percentage of owners of property affected thereby. This
declaration is made in conformity to Minnesota Statutes,
Section 429.035 and Chapter 8 of the Lino Lakes City
Charter.
2. The petition is hereby referred to Toltz, King, Duvall,
Anderson, and they are instructed to report to the
Council with all convenient speed advising the Council
in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should
best be made as proposed or in connection with some
other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Council this 23rd day of March, 1992.
Vernon F. Reinert, Mayor
Marilyn Anderson, C erk- Treasurer
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Kuether and upon vote
being taken thereon, the following voted in favor thereof:
Neal, Kuether, Reinert, Elliott.
The following voted against same: none.
Whereupon said resolution was declared duly passed and
adopted.
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PETITION FOR A FEASIBILITY STUDY
We, the undersigned Lino Lakes property owners, do hereby petition
the City of Lino Lakes to prepare a feasibility study to determine
whether or not it is feasible to install sewer and water service -gPvBL[C
for the property listed below in accordance with the provisions of 5T72EETz
the Lino Lakes City Charter, Section 8.04 and Chapter 429 of
Minnesota Statutes. (A benefitted property owner can only sign
once regardless of the number of benefitted parcels owned and a
benefitted parcel can only have one signature.)
OWNER ADDRESS
DaL,PM E/01--J )13c
87 4-1 caar rte.i
PROPERTY
DESCRIPTION
Pp_oe==.sb S e. M a-fz s Ru i
�S %z o f L.z,r- 1 - L..o -7 A u D Su (�
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Council Member Kuether introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 — 44
RESOLUTION ACCEPTING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE
APOLLO DRIVE IMPROVEMENTS
WHEREAS: pursuant to a resolution of the Council adopted on
February 24, 1992 with reference to the Apollo Drive
Improvement, an Environmental Assessment Worksheet was
received by the council on March 24, 1992;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lino lakes that the council accepts the Environmental Assessment
Worksheet and authorizes its distribution to the Environmental
Quality board and other as per Minnesota Statutes Chapter
4410.1500.
Adopted by the Lino Lakes City Council this 23rd day of March,
1992.
Vernon F. Reinert, Mayor
//7 .;. i -t 4 i1Y✓ Mailyn 1G. 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, Reinert,
Elliott.
The following voted against same: none.
Whereupon said resolution was declared passed and adopted.
CERTIFICATION OF RESOLUTION NO. 92 — 44
I, hereby certify that the above is a correct copy of a resolution
duly passed, adopted and approved by the City Council on March 23,
1992.
n� %mil Lit (i
ilyn')G. Anderson, Clerk - Treasurer
20°
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Council Member Kuether introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 - 45
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF REPORT - BRANDYWOOD ESTATES, SECOND ADDITION
BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA:
1. A certain petition requesting the improvement of
Brandywood Estates, Second addition, filed with the
Council on March 23, 1992, is hereby declared to be
signed by the required percentage of owners of property
affected thereby. This declaration is made in
conformity to Minnesota Statutes, Section 429.035 and
Chapter 8 of the Lino Lakes City Charter.
2. The petition is hereby referred to Short- Elliott-
Hendrickson, Inc., and they are instructed to report to
the Council with all convenient speed advising the
Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should
best be made as proposed or in connection with some
other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Council this 23rd day of March, 1992.
Vernon F. Reinert, Mayor
TJv
Marilyn i. Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Elliott and upon vote
being taken thereon, the following voted in favor thereof:
Neal, Kuether, Reinert, Elliott.
The following voted against same: none.
Whereupon said resolution was declared duly passed and
adopted.
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Council member Elliott
following resolution and move its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 - 49
introduced the
DECLARING THE OFFICIAL INTENT OF THE CITY
OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES
FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Tres Reg.
1.103 -18 providing that proceeds of tax - exempt bonds used to
reimburse prior expenditures will not be deemed spent unless
certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures which
may be financed temporarily from sources other than bonds, and
reimbursed from the proceeds of a bond; and
WHEREAS, the reimbursement rules apply to bonds issued after
March 2, 1992;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES (THE "CITY ") AS FOLLOWS:
1. The City reasonably intends to make expenditures for the
project described in Exhibit A (the "Project ") and reasonably
intends to reimburse itself for such expenditures from the proceeds
of debt to be issued by the City in the maximum principal amount
described in Exhibit A.
2. The City Administrator is authorized to designate
appropriate additions to Exhibit A in circumstances where time is
of essence, and any such designation shall be reported to the
Council at the earliest practical date and shall be filed with the
official books and records of the City as provided in Section 3.
3. This resolution shall be maintained as part of the books
and records of the City at the main administrative office of the
City, and shall be continuously available during normal business
hours of the City on every business day of the period beginning not
more than 30 days after adoption of this resolution and ending on
the last date of issue of any bonds issued to reimburse
expenditures described in Exhibit A.
4. This resolution is an expression of the reasonable
expectations of the City based on the facts and circumstances known
to the City as of the date hereof. The anticipated reimbursements
set forth at Exhibit A are consistent with the City's budgetary and
financial circumstances.
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No sources other than proceeds of bonds to be issued by the City
are, or are reasonably expected to be, reserved, allocated on a
long -term basis, or otherwise set aside pursuant to the City's
budget or financial policies to pay such Project expenditures. The
City has not adopted any allocation, budget, or restriction of
monies or adoption of a requirement or policy to reimburse a fund,
the primary purpose of which is to prevent monies from being
available to pay an expenditure the City intends to reimburse with
proceeds of a borrowing.
5. This resolution is intended to constitute a declaration
of official intent for purposes of Tres. Reg. 1.103 -18 and any
successor law, regulation, or ruling.
6. The allocation of proceeds of the bonds to be issued to
any Project expenditures described in Exhibit A will be made not
later than the later of one year after the expenditure was paid or
one year after the property was placed in service.
7. The Project expenditures described in Exhibit A are
capital expenditures as defined in Tres. Reg. 1.150 -1(h), including
costs of issuance of the bonds to be issued in order to reimburse
the Project expenditures.
8. Proceeds of the bonds issued to reimburse the Project
expenditures described in Exhibit A will be deemed spent only when
(1) an allocation entry is made on the books or records of the City
with respect to the bonds; (2) the entry identifies an actual
expenditure to be reimbursed, or where the Project is described as
a fund or account, the fund or account from which the expenditure
was paid; and (3) the allocation is effective to relieve the bond
proceeds from restrictions on unspent proceeds under applicable
documents and state laws.
9. No entity or entities possess simultaneously two or more
of the following discretionary and non - ministerial powers with
respect to the City: power to (1) remove without a cause a
controlling portion of the City Council; (2) select, approve, or
disapprove a controlling portion of the City Council; (3) determine
the City's budget or require the use of the City's funds or assets
for the other entity's purpose; or (4) approve, disapprove, or
prevent the issuance of debt obligations of the City.
10. None of the proceeds of the bonds issued to reimburse the
City for the Project expenditures described in Exhibit A will be
used within one year of the allocation (i) to refund another
governmental obligation or (ii) to create or increase the balance
in a sinking fund or replace funds used for such purpose, or (iii)
to create or increase the balance in a reserve or replacement fund
or replace funds used for such purposes;
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or will be used at any time to reimburse any person or entity
(other than the City) for expenditures originally paid with the
proceeds of a City obligation (excluding a City inter -fund
borrowing); unless (i) such amounts are deposited in a bona fide
debt service fund or are used to pay debt service in the next one
year period on any City obligation other than the reimbursement
bond, or (ii) the original issue was not reasonably expected to be
used to finance the expenditure.
11. No action or inaction by the City with respect to the
allocation of bond proceeds to reimbursement of Project
expenditures will be an artifice or device to avoid, in whole or in
part, arbitrage yield restrictions or arbitrage rebate
requirements.
12. The procedures described in this resolution shall cease
to apply to the extent not required by Tres. Reg. 1.103 -18 or any
successor law, regulation, or ruling.
Adopted by the City Council of Lino Lakes this 23rd day of March,
1992.
Vernon F. Reinert - Mayor
G. Anderson, Clerk Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Kuether and upon vote being taken
thereon, the following voted in favor thereof: Neal, Kuether, Elliott.
The following voted against same: None, Mayor Reinert was absent.
Where upon said resolution was declared duly passed and adopted:
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214
Date of
EXHIBIT A
TO OFFICIAL INTENT RESOLUTION
ADOPTED MARCH 23RD, 1992
Maximum Principal
Amount of Debt
to Reimburse
Declaration Description of Project Project Costs
March 23, 1992
Water Tower Construction $1,060,000
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