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HomeMy WebLinkAbout10/23/1995 Council Minutes1 COUNCIL MEETING OCTOBER 23, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES October 23, 1995 6:30 P.M. 9:25 P.M. Bergeson, Elliott, Kuether, Neal Reinert None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer's, John Powell, Steve Heth and Kurt Johnson; Building Official, Pete Kluegel; Planning Coordinator, Mary Kay Wyland; Community Development Assistant; Mary LaForest; Recycling Coordinator, Jackie Constant; Chief of Police, David Pecchia; Financial Consultant, Ron Batty; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher asked that an item titled, "Establishing a Policy for Rebroadcasting City Council Meetings" be placed under New Business. OPEN MIKE Remembering Bill Bohjanen - Mayor Reinert explained that past Mayor, Bill Bohjanen was killed early last week and asked for a moment of silence in remembrance of him. Mayor Reinert noted that Mr. Bohjanen has lived in Lino Lakes for many years and had been Mayor of the City as well as a Council Member. Mayor Reinert described many other offices held by Mr. Bohjanen and noted his very active membership in the VFW and in Gethsemane United Methodist Church. Mr. Bohjanen served his community well and was always ready when he was needed. Candyce Bohjanen-Hammitt, Eagan, Minnesota - Ms. Hammitt thanked the City Council, staff and residents of Lino Lakes for the support provided for Mr. Bohjanen's family. She asked the City to consider lowering the speed limits and adding additional street lighting before there are more deaths on City streets. CONSIDERATION OF DISBURSEMENTS October 23, 1995 - Council Member Kuether moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 1 COUNCIL MEETING OCTOBER 23, 1995 Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Consideration of a Joint Powers Agreement with Centennial School District for Youth Resource Program - Chief Pecchia explained that at the October 9, 1995 City Council meeting, the City Council approved the Police Department's request to enter into negotiations with the Centennial School District to develop a Joint Powers Agreement. The purpose of the Agreement is to formalize the Youth Resource Program to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. The Agreement sets out the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of Youth Resource Officer. The Lino Lakes Police Department and the Centennial School District have completed the necessary paper work for a Joint Powers Agreement. This Agreement has been reviewed by the City Attorney and the Centennial School District officials. A positive response was received from the City Attorney and the Centennial School District. Chief Pecchia recommended that the City Council approve and authorize the signing of the Joint Powers Agreement for a Youth Resource Officer Program. Council Member Elliott moved to approve and sign the Joint Powers Agreement between the City of Lino Lakes and the Centennial School District for a Youth Resource Officer Program. Council Member Neal seconded the motion. Motion carried unanimously. CENTENNIAL SCHOOL DISTRICT NO. 12 FACILITIES TASK FORCE REPORT, I)ONOVAN MAYNE AND RENEE' DIETZ Mr. Mayne explained that the Centennial School District appointed a 25 -member Citizen's Task Force to study and prepare a recommendation to the School Board regarding what facilities would be needed in the future. The Citizens Task Force recommendations are outlined in a "Referendum Fact Sheet" prepared by Centennial School District dated Fall, 1995. The Centennial area citizens will be asked to vote on three (3) questions which will be on the November 7, 1995 General Election ballot. Mr. Mayne reviewed each of the three (3) questions, outlined the cost of each question and how approval of each of the Questions on the ballot would affect property taxes. Ms. Dietz explained that the School District is currently renting leasing space for its entire Early Childhood Family Education Program and approximately half of the Kindergarten Program. She outlined the proposal to build a new facility for these programs on property owned by the School District on Birch Street. This proposal it titled, "Question 3". PAGE 2 1 COUNCIL MEETING OCTOBER 23, 1995 Mr. Mayne asked the City Council to give favorable consideration to the Centennial School District referendum. Mayor Reinert asked if the proposed bond referendum would only construct facilities or would furnishing the facilities be included. Mr. Mayne said that proposal includes furnishings and staff. Mr. Mayne had noted that the Early Childhood Family Education Program is mandated by the Federal Government. Mayor Reinert asked if funding was provided for this Program. Mr. Mayne explained that this is not a "baby-sitting" program and there is Federal funding. Ms. Dietz said that if the program was cut from the Federal budget, the building could be used in many different ways. Ms. Dietz told the Council that there will be updates on the referendum in the Observer which should be in the mail by Friday. Council Member Neal referred to the sale of Lovell School several years ago. Mr. Mayne explained why that school was closed and sold. Mr. Mayne explained that part of the reason the School District is experiencing a shortage of classrooms is because of the population growth in the Centennial area. He also noted that families are getting larger. Mayor Reinert thanked Mr. Mayne and Ms. Dietz for their report. CLARIFICATION OF PROPOSED TAX LEVY, RANDY SCHUMACHER Mr. Schumacher explained that on September 11, 1995, the City Council approved a preliminary tax levy for City operations in 1996. Shortly thereafter, a local newspaper ran an article explaining the impact of the proposed tax levy. The City received numerous telephone calls and letters indicating their interpretation of the newspaper article reflected significant tax increases to their property. In reality, the proposed tax levy would have no tax increase to the property owners. In fact, new figures from Anoka County indicate that there will be a slight reduction in the tax each property owner would pay to the City. Mr. Schumacher also explained that the Centennial School District voiced concerns over the newspaper article. They felt an unclear message was being sent to residents, and this might negatively affect their November bond referendum. Mr. Schumacher used the overhead projector to show a chart which outlines the City portion of the property tax from 1990 to 1996. The average increase over these years was very insignificant. Mayor Reinert noted that in a recent publication, Lino Lakes had dropped from the top 10 highest property taxed City to number 62. This is significant and shows that the City is addressing this important issue. PAGE 3 COUNCIL MEETING OCTOBER 23, 1995 PUBLIC HEARING, 1995 ASSESSMENT ROLLS FOR COUNTRY LAKES ESTATES, PLAT 2, OAKS OF LINO, PHEASANT HILLS PRESERVE 6 ADDITION, PINE RIDGE, 3RD ADDITION, WENZEL FARMS, 5TH ADDITION AND WOODS OF BALDWIN LAKE, 2ND ADDITION Mayor Reinert opened the public hearing at 7:21 P.M. Mr. Powell explained that he and Mr. Heth will address the 1995 assessment rolls. Country Lakes Estates, Plat 2 The first assessment project is Country Lakes Estates, Plat 2 located on the north side of Birch Street and west of Living Waters Lutheran Church. Mr. Powell used the overhead projector to show the location of this project and noted that this is the second and final phase of Country Lakes Estates. The first phase was assessed in 1994. Mr. Powell presented an overview of the project and then outlined the assessments. The total amount to be levied is $385,654.64 which will be spread over 28 lots. There were no questions or comments regarding this assessment from the City Council or the audience. Oaks of Lino The Oaks of Lino subdivision is located off the west end of the D. Erickson's Subdivision which is south of Birch Street. Mr. Powell used the overhead projector to show the location of the project and explained that the improvements were developer installed. He presented an overview of the project and noted that the assessments consist of Area and Connection Charges, installation of the wear course and Surface Water Management charges. The total assessment of $47,989.08 will be spread over nine (9) lots. There were no questions or comments regarding this assessment from the City Council or the audience. Wenzel Farms, 5th Addition The Wenzel Farms, 5th Addition is the last addition to be completed in Wenzel Farms. This subdivision is south of Elm Street and is west of Lake Drive. Mr. Powell used the overhead projector to show the location of the project and explained that the improvement were developer installed. He presented an overview of the project and noted that the assessments consist of Area and Unit Connection Charges, and Surface Water Management Charges. The total assessment of $142,081.20 will be spread over 41 lots. Council Member Kuether asked Mr. Powell in areas where the roads are private and the developer does the wear course installation, is there an escrow established to ensure that the wear course will be installed. Mr. Powell explained that the City Improvement Policy states that in every development an escrow account is established or a letter of credit is PAGE 4 1 COUNCIL MEETING OCTOBER 23, 1995 presented to the City to guarantee that the project will be completed. These financial guarantees are retained by the City until the work is completed. There were no other questions or comments regarding this assessment from the City Council or the audience. Woods of Baldwin Lake, 2nd Addition The Woods of Baldwin Lake, 2nd Addition is located at the old termination of Woodridge Lane in the southeast quadrant of White Pine Road and Baldwin Lake Road. This project allowed for the completion of Woodridge Lane to Baldwin Lake Road and also for the improvement of White Pine Road throughout the length of the project. Mr. Powell noted that this is a City financed project. He used the overhead projector to show the location of the project and noted that the assessments consist of sanitary sewer and watermain lateral extension, street extension, Area and Connection Fund charges, and Surface Water Management Fund charges. The total assessment of $203,387.08 will be spread over 13 lots. Mr. Powell noted that there was some deviation from the current street standards to allow for construction of portions of the street to be installed without curb and gutter. This will minimize the impact on the wetlands and reduce the amount of flow that is routed through the storm sewer. This provides for maintaining the existing topography closer with less disruption. There were no comments or questions from the City Council or the audience. Pheasant Hills Preserve, 6th Addition, Steve Heth The Pheasant Hills Preserve, 6th Addition is located on the northeast portion of the Pheasant Hills Preserve development. Mr. Heth used the overhead projector to show the location of the project and noted that this improvement was developer financed. The assessments include Area and Connection charges, seal coat and wear course charges and Surface Water Management charges. The total assessment of $103,329.83 will be spread over 19 lots. There were no comments or questions from the City Council or the audience. Pine Ridge, 3rd Addition The Pine Ridge, 3rd Addition is connected to Pine Ridge, 2nd Addition and abuts the east side of Ware Road. Mr. Heth used the overhead projector to show the location of the project. This improvement is also a developer installed improvement. The assessments consist of Area and Connection Charges and wear course charges and Surface Water Management charges. The total assessment of $93,594.43 will be spread over 17 lots. PAGE 5 COUNCIL MEETING OCTOBER 23, 1995 Two (2) lots facing Ware Road will not be developed at this time. There is some uncertainty as to where the Metropolitan lift station facility will be constructed. These two (2) lots will be held and no assessment certified to them until it is know where the lift station will be constructed. There were no questions or comments regarding this assessment from the City Council or the audience. Council Member Elliott moved to close the public hearing at 7:44 P.M. Council Member Neal seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 137 ADOPTING THE ASSESSMENT FOR COUNTRY LAKES ESTATES, PLAT 2 Council Member Elliott moved to adopt Resolution No. 95 - 137 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 138 ADOPTING THE ASSESSMENT FOR OAKS OF LINO Council Member Elliott moved to adopt Resolution No. 95 - 138 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 139 ADOPTING THE ASSESSMENT FOR PHEASANT HILLS PRESERVE, 6TH ADDITION Council Member Bergeson moved to adopt Resolution No. 95 - 139 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 140 ADOPTING THE ASSESSMENT FOR PINE RIDGE, 3RD ADDITION Council Member Bergeson moved to adopt Resolution No. 95 - 140 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 141 ADOPTING THE ASSESSMENT FOR WENZEL FARMS, 5TH ADDITION Council Member Elliott moved to adopt Resolution No. 95 - 141 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 142 ADOPTING THE ASSESSMENT FOR WOODS OF BALDWIN LAKES, 2ND ADDITION PAGE 6 1 1 1 COUNCIL MEETING OCTOBER 23, 1995 Council Member Elliott moved to adopt Resolution No. 95 - 142 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PUBLIC HEARING, ESTABLISHING A CITY HOUSING AND REDEVELOPMENT AUTHORITY, RESOLUTION NO. 95 - 143, RANDY SCHUMACHER Mayor Reinert opened the public hearing at 7:46 P.M. Mr. Schumacher explained that in December, 1994, the Anoka County Board of Commissioners created the Anoka County Housing and Redevelopment Authority (HRA). A memorandum from Ms. Wyland outlining the history of actions to date was attached to the "green sheet" included in the City Council packets. Ms. Wyland and Mr. Ron Batty were present to discuss whether or not the City of Lino Lakes should establish its own HRA or support the Anoka County HRA and its proposed budget and tax levy. After Anoka County created the Anoka County HRA, they developed a housing survey which has a lot of quality information about housing in Anoka County. Anoka County is proposing a tax levy for 1996 of$234,704.00. The City of Lino Lakes would be contributing $56,998.00 of this amount. At this time 12 other cities in Anoka County are proposed to participate in the overall levy. There are nine (9) other cities in Anoka County who already have their own HRA in place and they would not be participating in the Anoka County 1 -IRA. The Anoka County HRA is currently studying senior housing as well as housing rehab. The intent of the Anoka County HRA is to return the levied dollars back to the communities where the levy carne from by doing projects in the future. Mr. Batty explained that the Council packet included a resolution that if adopted would create the Lino Lakes Housing the Redevelopment Authority. The resolution makes the necessary findings that there are blighted conditions within the City or that there is a lack of safe and sanitary housing for low and moderate income people. If the resolution is adopted, a copy must be sent to the commissioner of trade and economic development and a copy must be published in the City legal newspaper. A second resolution will be required to appoint commissioners. The commissioners can consist of the City Council members or other citizens of the City. Mr. Batty noted that several years ago the City created an Economic Development Authority. This is what the City is currently using for economic development activities. Economic Development Authorities have become popular because they have the power of economic development authorities under the EDA Act and they also have the power of a housing and redevelopment authority under the HRA Act. They also have the power of a City Council operating under a City Development District Act. The Economic Development Authorities have the power under three (3) separate realms if they are given the power to do so in the resolution adopting them. When the City Council created the Lino Lakes EDA in 1990, the City Council conveyed upon the EDA the power to operate PAGE 7 COUNCIL MEETING OCTOBER 23, 1995 in all three (3) areas. Although the City does not have a HRA, the City does have an entity which has full HRA power. Council Member Bergeson asked that since Anoka County is proposing to assess Lino Lakes under the County HRA, is it correct to assume that they have already found that there are blighted conditions and/or lack of safe and sanitary housing in Lino Lakes. Mr. Batty said that the County would have had to make the same findings in areas of the County that were not covered by pre-existing city HRA's. County Commissioner Margaret Langfeld was present and noted that the City Council will be making a very difficult decision tonight on this matter. She explained that there are several good reasons for the City to approve its own HRA. One reason is that the City would have control of the HRA and would be able to target where the City wants the dollars to be spent. Commissioner Langfeld also said there are also good reasons to belong to the County HRA as well. Commissioner Langfeld explained that the County had reviewed every City in Anoka County to determine whether or not a HRA was needed. It was determined that it is clear that a HRA was needed. Commissioner Langfeld exhibited an Anoka County map showing properties in each of the cites where property value has remained constant or lost market value. The map clearly shows that there are properties in Anoka County that need rehab. Anoka County decided to initiate a HRA because blight will affect the property values and in turn this will affect the County taxing base as well as the quality of the cities and the neighborhoods. Some cities and counties to the south and west of Anoka County have some severe blight. Commissioner Langfeld said that it feels that it is moving out. Commissioner Langfeld said the County needed to do something to stop the spread of blight into these areas or some cities in Anoka County will look the same as in the adjacent blighted communities. Commissioner Langfeld explained that it has taken a long time for the County to establish a HRA. The timing has not worked well, however, Anoka County is at the mercy of the legislature. Anoka County was required to establish a levy well before it was determined what the cities were doing. This has put Anoka County into the position of making decisions without full information. Anoka County is still gathering more information. Commissioner Langfeld noted that there still are many cities who have not made a decision in this matter. Speculation is that larger cities in Anoka County will not join the Anoka County HRA. However, this is just speculation especially when they become aware of the challenge that they have before them. The Minnesota Housing Finance Agency would prefer to deal with one entity such as a County HRA with multiple members. Another good reason for considering joining the County HRA is that the more cities that participate, the more money will be available for a project. This is why the County is sure that whatever the citizens are taxed, the same amount will be returned to the community. Commissioner Langfeld also explained that Minnesota Housing Finance is familiar with Anoka County through the community action agencies who have an excellent track record. This helps a lot in establishing a relationship with the Minnesota Housing Finance Agency. Another reason Anoka County is putting a HRA in place is because when there are opportunities, the County can take advantage of them. The County has PAGE 8 1 1 COUNCIL MEETING OCTOBER 23, 1995 missed opportunities because there was no HRA. Regardless of how many cities participate in the County HRA, the County will establish a HRA so that the County will no longer miss any opportunities. Commissioner Langfeld noted that the senior population is growing tremendously. Every community is being asked by its citizens to do something about senior housing. She complimented Lino Lakes for work in providing some senior housing. Commissioner Langfeld explained that it would be beneficial for several cities to cooperatively prepare a proposal for senior housing. Such a proposal would be well received by the Metropolitan Council. Commissioner Langfeld felt that there will be more benefits in the firture. At this time the entire project is vague. Mayor Reinert noted that if the City of Lino Lakes decides to form its own HRA, it could be abolished in the future if a HRA district is formed: He felt that it is best for Lino Lakes to form its own HRA and then watch what happens in the future. Commissioner Langfeld noted that the City Council will be making this same decision annually. Mr. Yantos, Deputy County Administrator and the acting HRA Director displayed a map showing areas of blighted housing in the County. He noted that there are about 13,000 housing units in Anoka County in need of rehab. There about 368 owner/occupied units and approximately 15 rental units in need of rehab in Lino Lakes. Senior housing is also an area that the County HRA is addressing. Mr. Yantos explained that the senior population will increase greatly in the next 10 years. Adequate housing for this portion of the population will be a great concern. He explained that programs have been created to determine the need in each city and then the County will use the dollars levied from each community to offset the needs. Mr. Yantos felt another benefit of a county HRA is staffing that will meet the needs of each community. Council Member Bergeson asked how it can be determined if a house has not been taken care of because the owner could not afford to or if the house has not been kept up because the owner has simply made a decision to not keep the property up to standard. Mr. Yantos said that this is a difficult situation and would require that each situation be individually evaluated. There are some guidelines that can be used to evaluate each situation. Ms. Kim Sullivan explained that when Metropolitan Council met with the Growth Group (20/20 Vision) earlier this year, they did indicate that Lino Lakes is an appropriate place for rehab housing versus building new affordable housing. She felt that the Metropolitan Council would support the Anoka County HRA proposals. Ms. Sullivan said she would support a Lino Lakes HRA because she felt that the City can control better what happens within our own community. She also suggested that a HRA be formed separate from the Lino Lakes Economic Development Authority because it would bring a different and broader viewpoint into some of the housing issues. PAGE 9 COUNCIL MEETING OCTOBER 23, 1995 Mayor Reinert thanked Mr. Yantos and Commissioner Langfeld for their presentation. Council Member Elliott moved to close the public hearing at 8:10 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 95 - 143 Establishing a City Housing and Redevelopment Authority. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott said she did not feel comfortable assessing the citizens of Lino Lakes for a program before evaluating the needs of Lino Lakes. Council Member Bergeson noted that the resolution does not address who will on the HRA board. He suggested that the HRA be a separate group that would meet at a different time than the Economic Development Authority. Mr. Batty explained that another resolution will which will outline who sits on the HRA board. Council Member Kuether said she felt that the HRA should be put in place and then later decide if the City should keep its own HRA or join the Anoka County HRA. FIRST READING, ORDINANCE NO. 17 - 95 AMENDING THE COMMERCIAL SOLID WASTE COLLECTION ORDINANCE, JACKIE CONSTANT Ms. Constant explained that Ordinance No. 95 - 94 was passed by the City Council in April, 1994. The ordinance required that commercial solid waste haulers be licensed. The ordinance also limited the number of commercial solid waste haulers to six (6). The ordinance should have limited the number of commercial solid waste haulers to seven (7). Ordinance No. 17 - 95 will allow eight (8) commercial solid waste haulers to work in Lino Lakes. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 17 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Site Plan Review for the Fogerty/Custom Remodelers Improvement in the Apollo Business Park - Ms. LaForest introduced Mr. Bill Fogerty of Fogerty/Custom Remodelers. Mr. Fogerty is proposing to build a 32,000 square foot office/warehouse facility in the Apollo Business Park. Custom Remodelers is a family owned remodeling/telemarketing company that has outgrown its Location in Blaine and plans to own and occupy 15,000 square feet of the facility. The company has demonstrated strong growth over its five (5) year existence and employs 30 full-time employees and 20 contract employees. Mr. Fogerty will own the remaining 17,000 square feet to provide leasable manufacturing/warehousing space within the Business Park. Ms. LaForest also PAGE 10 1 1 1 COUNCIL MEETING OCTOBER 23, 1995 introduced Mr. Craig Carpenter, President of Custom Remodelers and Darrell Anderson of the Design Partnership, the project architect. Ms. Wyland explained that the Apollo Business Park is zoned General Industrial with a minimum lot size of one (1) acre and 100 feet of front footage. This proposed development will be located on a three (3) acre parcel. The Economic Development Department has reviewed this request and recommends approval. Tax Increment Financing (TIF) is available for development of the site. A minor subdivision will be required and will be reviewed by the Planning and Zoning Board and City Council in November. Site plan review is before the City Council at this time to facilitate the TIF Financing arrangements that are necessary for the development. The proposed building meets or exceeds the setback requirements for the General Industrial District. The building height is well within the District standards, adequate green area is provided and landscaping and buffering have been designed. The landscape plan is subject to the review and approval of the City Forester. The proposed construction has been reviewed and approved by the Economic Development Advisory Board for aesthetic compatibility. The exterior is proposed as a combination of smooth block, rock face block and metal coping along the roof line. The block will be painted with a contrasting color window treatment on the smooth block surface. A total of 96 off-street parking spaces have been provided which should be adequate to serve the site as designed. The parking area will be designed to City standards and handicapped spaces provided according to ADA rules and regulations. The site will be accessed by a shared driveway with UDOR, U.S.A. A shared driveway agreement will be required prior to construction. The site plan indicates that the trash handling area will be enclosed and located on a rear corner. The area is required to be screened from public view from both I35W and Apollo Drive. The dock and loading area is located adjacent to I35W with a large stand of evergreen trees intended to screen the area from view of travelers on I3.5W. The City Forester will review the landscape plan to insure placement of trees and sizing to adequately screen the loading dock area from 135W. The off street parking area will be illuminated so as to reflect light away from adjoining properties. A ground sign will be located at least 20 feet from the front property line. Staff is requiring that all provisions of the Sign Ordinance be met in relation to this proposed construction and proper sign permits will be obtained from the Building Department. Plans for on-site grading, drainage and utilities are subject to review and approval of the City Engineer. PAGE 1 I COUNCIL MEETING OCTOBER 23, 1995 Staff recommends that the site plan be approved with the following conditions: 1. The applicant shall sign a development agreement and post financial guarantees as specified by City Staff prior to issuance of any building permits. This development agreement shall include provisions for the shared driveway. 2. The City Engineer shall review and approve all utility, drainage and grading plans. 3. The City Forester shall approve all landscape plans. Freeway landscaping shall provide an effective visual screen of the loading area with no adverse effect on the drainage easement. Proper sign permits shall be obtained prior to installation of signage. The parking area shall be constructed according to City standards with concrete curb, gutter, bituminous paving and handicapped spaces as required by the ADA Rules and Regulations. The roof top heating and ventilating units shall be properly screened. Prior to issuance of any building permits, the City shall review and approve a Minor Subdivision for the site. if for any reason the minor subdivision is not approved by the City, the site plan review shall become null and void. The Planning and Zoning Board reviewed the request at their October meeting and recommended approval with the conditions previously outlined. Mr. Fogerty said that he liked the site in Lino Lakes. Mr. Anderson displayed the plan for the site and explained some of the difficulties in designing an acceptable plan for the site. Council Member Kuether moved to approve the Site Plan for Fogerty/Custom Remodelers. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 95 - 144 Award Bid for Construction of Pumphouse No. 4, Kurt Johnson, TKDA - Mr. Johnson explained that bids were opened this morning for construction of the pumphouse at well No. 4 and an alternate item, an irrigation system for the lawn. There were six (6) bidders. The TKDA estimate was $276,000.00 for the pumphouse and $5,000.00 for the irrigation system. The low bid was from Mills Concrete Restoration of Fridley, Minnesota in the amount of $297,300.00 and $5,100.00 for the sprinkler system. Mr. Johnson noted that many contractors have plenty of work for the season which generally means that the bids will be higher than if they were solicited earlier in the year. In addition, the schedule for completion of the project is very PAGE 12 1 COUNCIL MEETING OCTOBER 23, 1995 aggressive to get the pump on line as soon as possible. This is why all bids were above the engineer's estimate. Mills Concrete Restoration is a relatively new firm. Investigation of their references indicates that they have been performing satisfactory work. Although TKDA has had no experience working with this firm, the people who own and operate the firm have been in the industry for some time. Much of the actual work will be completed by subcontractors. All of the subcontractors are known to TKDA. Mr. Johnson recommended that the bid be awarded to Mills Concrete Restoration. Mr. Johnson noted that the pumphouse is the entry point to the Clearwater Creek subdivision. This presents a concern regarding appearance of the lot. The time it would take to maintain the large lot as well as creating a good growing environment for the seeding and sodding process, seemed to indicate a sprinkler system was needed. Mr. Johnson recommended awarding the sprinkler system to Mills Concrete Restoration. Mayor Reinert asked Mr. Johnson to explained why the sprinkler system was bid as an alternate. Mr. Johnson explained that bidding the sprinkler system as an alternate allows the City Council to choose whether or not to install a sprinkler system along with the pumphouse. Mayor Reinert said he felt that a sprinkler system should be part of this improvement but felt that the bid price was very high. Mr. Johnson said that a sprinkler system could be delayed until the landscaping is designed. Mr. Schumacher noted that Mills Concrete Restoration is relatively unknown and asked if there is anything that can be done to insure the project will be completed as designed. Mr. Johnson explained that a performance bond is required to insure completion of the project. Mr. Schumacher suggested that additional inspections would be appropriate. After further discussion, Council Member Neal moved to not approve the bid and investigate Mills Concrete Restoration further. There was no second to the motion and the motion died. Mr. Powell suggested that if the Council was uncomfortable awarding the bid this evening, they could adopt a motion accepting the bids. He also explained that this action would delay the project about three (3) weeks. Mr. Johnson noted that the newspaper ad had indicated that the bids would be acted upon this evening. Mr. Hawkins explained that if the City Council is thinking about rejecting the Mills Concrete Restoration bid, the City Council must prove that the individuals operating the company are not responsible persons. Council Member Kuether moved to approve Resolution No. 95 - 144 awarding the bid to Mills Concrete Restoration without the sprinkler system. Council Member Elliott seconded the motion. Council Member Bergeson noted that posting a performance bond is standard procedure and if a bond cannot be secured by this firm, the City Council would have to reject the bid and award to the next lowest bidder. Voting on the motion, motion carried with Council Member Neal voting no. PAGE 13 COUNCIL MEETING OCTOBER 23, 1995 Resolution No. 95 - 144 can be found at the end of these minutes. Consideration of Resolution No. 95 - 145 Receiving Plans and Specifications and Authorizing Advertisement for Bids, Trapper's Crossing, Steve Heth Mr. Heth explained that plans and specification have been completed for the Trapper's Crossing public improvements. Bids will be opened Thursday, December 7, 1995 at 10:00 P.M. A bid tabulation will be presented to the City Council on December 11, 1995. Mr. Heth recommended that the City Council adopt Resolution No. 95 - 145. Council Member Kuether moved to adopt Resolution No. 95 - 145. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 145 can be found at the end of these minutes. Lake Drive (CSAH 23)/Hodgson Road (TH 49) intersection Improvement Disbursement to Forest Lake Contracting - Mr. Heth explained that Forest Lake Contracting presented a request for partial payment after the Disbursement Listing was completed. The request for payment is in the amount of $593,925.44. Since there will be three (3) weeks until the next disbursement, Mr. Heth recommended that the City Council approve the disbursement at this time. There was discussion regarding submitting requests for payment in a timely manner. Mr. Schumacher asked how many payments would be given to the contractor. Mr. Heth explained there would be five (5) payments with the final payment being made in the spring. Mr. Schumacher noted that the City is paying all of the expensedsconnected with the project and then will submit reimbursement requests from the other agencies involved in the improvement. He asked Mr. Heth to provide the City Council with an up to date schedule of what other agencies will pay toward the improvement. Council Member Neal moved to delay payment of this request until the next City Council meeting. There was no second to the motion. Council Member Bergeson asked if the City had dollars to pay such a large request. Mr. Schumacher explained that the Finance Department will check to see if there is money available at this time. Council Member Kuether moved to approve the disbursement subject to availability of fiends. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Heth will notify the contractor to submit payment requests in a timely manner. PAGE 14 1 COUNCIL MEETING OCTOBER 23, 1995 ATTORNEY'S REPORT, BILL HAWKINS FIRST READING, Ordinance No. 18 - 95 Establishing the Position and Duties of Electrical Inspector - Mr. Hawkins explained that at a previous meeting, the City Council authorized the City to enter into a contract for the electrical inspection services to be provided by the City and taking the responsibility from the State of Minnesota. Before the contract can be implemented the City Code must adopt an ordinance amending the City Code by establishing the position and duties of an electrical inspector. A draft ordinance has been completed establishing the position and duties of an electrical inspector. Council Member Bergeson noted Subdivision 2 and explained that he would want it clear that this is not an employee of the City. Mr. Hawkins explained that the contract is clear in that this position is definitely a contracted position. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 18 - 95. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, ORDINANCE NO. 19 - 95 AMENDING CHAPTER 211, PARKS, RECREATION ANI) ENVIRONMENTAL BOARD, SECTION 211.051 RANDY SCHUMACHER Mr. Schumacher explained that the current ordinance dealing with Park Board compensation is unclear as it relates to payment of board members who do not attend all regularly scheduled meetings. The language in Ordinance No. 19 - 95 will amend the current ordinance clarifying the fact that if a member misses a regularly scheduled meeting, he/she will not be paid the fill quarterly salary. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 19 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, ORDINANCE NO. 20 - 95 AMENDING CHAPTER 2121 PLANNING AND ZONING BOARD, SECTION 212.06, RANDY SCHUMACHER Mr. Schumacher explained that the current ordinance dealing with the Planning and Zoning Board compensation is unclear as it relates to payment of board members who do not attend all regularly scheduled meetings. The language in Ordinance No. 20 - 95 will amend the current ordinance clarifying the fact that if a member misses a regularly scheduled meeting, he/she will not be paid the full quarterly salary. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 20 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 15 COUNCIL MEETING OCTOBER 23, 1995 OLD BUSINESS There was no old business. NEW BUSINESS Consideration of an Application for Authorization for an Exemption from Lawful Gambling License, Lino Lakes Elementary PAB - Mrs. Anderson explained that the Lino Lakes Elementary School located on Main Street has an active parent group. This group conducts one major event each year to raise money for such things as playground equipment. Since the Minnesota Gambling Statutes allow a non-profit group to be excluded from obtaining a license if they conduct fewer that five (5) events per year, the City Council is also asked to approve the exemption. Council Member Elliott moved to approve the request from the Lino Lakes Elementary PAB for exemption from Lawful Gambling License. Council Member Bergeson seconded the motion. Motion carried unanimously. PROCLAMATION, 50th Anniversary of World War II Commemoration Week - Mayor Reinert read the proclamation. Council Member Neal moved to adopt the proclamation as read. Council Member Elliott seconded the motion. Motion carried unanimously. FOR YOUR INFORMATION, White Bear School Board's invitation to Attend a Meeting on Monday, October 30, 1995 to Discuss Issues With Communities Within the District - Mr. Schumacher explained that Ms. Wyland and Ms. LaForest will be attending the meeting and will update the City Council on the meeting. Rebroadcasting the City Council Meeting - Mr. Schumacher explained that at a work session there was discussion regarding preparation of a rebroadcasting policy. He noted that the City Council meetings were rebroadcasted on a regular basis. Because of equipment problems rebroadcasting is very difficult. Council Member Kuether moved to establish a policy for rebroadcasting Council Meetings and also broadcast the agenda as soon as possible. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 9:25 P.M. Council Member Kuether seconded the motion. Aye. PAGE 16 COUNCIL MEETING OCTOBER 23, 1995 These minutes were considered, corrected and approved at a regular Council meeting held on November 27, 1995. aril G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 17 Council Member Elliott adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 137 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF COUNTRY LAKES ESTATES, PLAT 1 WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Country Lakes Estates, Plat 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: I , Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1990 and shall bear interest at the rate of seven and one-half (7 1 /2%) per cent per annum from the date of the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. 1 1 1 RESOLUTION NO. 95 - 137 PAGE -2- Vernon F. Reinert, Mayor aril}n G. Anderson, Clerk -Treasurer The motion "Or the adoption of the toregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof Bergeson, Elliott, Kuether, Neal, Reinert. The following, voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 138 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF OAKS OF LINO WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Oaks of Lino NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996 and shall bear interest at the rate of seven and one-half (7 1/2%) per cent per annum from the date of the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution, and he may at any time thereafter, pay to the (.'ity Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 3 I of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. 1 1 1 RESOLUTION NO. 95 - 138 PAGE -2- Marilyn G. 1 nderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergson, Elliott, Kuether, Neal, Reinert. The following, voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: RESOLUTION NO. 95 - 139 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF PHEASANT HILLS PRESERVE, 6TH ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Pheasant Hills Preserve, 6th Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIN() LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof; is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January , 1996 and shall bear interest at the rate of seven and one-half (7 1/2%) per cent per annum ti-om the date of the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15. or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County_ Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. 1 RESOLUTION NO. 95 - 139 PAGE -2- Vernon F. Reinert, Mayor Mariyn G;JAnderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliot t and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: RESOLUTION NO. 95 - 140 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF PINE RIDGE, 3RD ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Pine Ridge, 3rd Addition NOW THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2 Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in .January, 1996 and shall bear interest at the rate of seven and one-half (7 1 /2%) per cent per annum from the date of the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 3 1, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 3 1 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. 1 1 1 RESOLUTION NO. 95 - 140 PAGE -2- Vernon F. Reinert, Mayor ) (c — Marilyn G. 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 Bergeson, Elliott, Kuether, Neal, Reinert. The followiw voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 141 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF WENZEL FARMS, 5TH ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Wenzel Farms, 5th Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby Lound to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996 and shall hear interest at the rate of seven and one-half (7 1/2%) per cent per annum from the date of the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall he added interest for one year on all unpaid installments. i. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the xvhole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. 1 1 1 1 1 RESOLUTION NO. 95 - 141 PAGE -2- Vernon F. Reinert, Mayor Marilyn Cr_ Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following, voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same_ None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: RESOLUTION NO. 95 - 142 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF WOOD OF BALDWIN LAKE, 2ND ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Woods of Baldwin Lake, 2nd Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or betbre the first Monday in January, 1996 and shall bear interest at the rate of seven and one-half (7 1/2%) per cent per annum from the date of the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 1 5, or interest will be charged through December 3 I of the next succeeding year. The Clerk shall forthwith -transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. 1 1 1 1 RESOLUTION NO. 95 - 142 PAGE -2- • Marilyn C Anderson, Clerk -Treasurer __.------------""------ -.-7.-___":-.___,--...,-----,_ —r.---77"---,,,•:_ Vernon 2- Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 143 RESOLUTION ESTABLISHING A HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF LINO LAKES WHEREAS, Minnesota Statutes, Section 469.001 et seq. ("HRA Act") authorizes cities to establish a housing and redevelopment authority with specified powers and obligations within the community, and WHEREAS, the City Council of the City of Lino Lakes ("City") has held a public hearing on the establishment of a housing and redevelopment authority following published notice as required by the HRA Act, at which hearing the views and opinions of all those wishing to express same were heard, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: The City finds that there are substandard, slum or blighted areas existing within Lino Lakes that cannot be redeveloped without government assistance. The City finds that there is a shortage of decent, sate and sanitary dwelling accommodations available to persons of low income and their families at rentals they can afford. The City finds there is a need for a housing and redevelopment authority to operate within Lino Lakes. The Housing and Redevelopment Authority in and for the City of Lino Lakes (the "HRA") is hereby established pursuant to the HRA Act. The HRA shall have all of the powers, rights, duties and obligations confirmed on housing and redevelopment authorities by the HRA Act. 1 1 RESOLUTION NO. 95 - 143 Page -2- 6. The City Clerk -Treasurer is hereby authorized and directed to publish this resolution in the manner in which ordinances are published in Lino Lakes. The City Clerk -Treasurer is hereby authorized to file a certified copy of this resolution with the commissioner of trade and economic development. Pursuant to Section 469.003, subd. 5 of the HRA Act, the City shall appoint a five (5) member commission to operate the HRA following the effective date of this resolution. Adopted by the Council of the City of Lino Lakes this 23rd day of October, 1995. Marilyn G. Vernon F. Reinert. Mayor nderson, 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 Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 144 RESOLUTION ACCEPTING BIDS FOR THE CONSTRUCTION OF PUMP HOUSE NO. 4 (CLEARWATER CREEK) WHEREAS: pursuant to an advertisement for bids for the construction of Well House No. 4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME AMOUNT OF BID Mills Concrete Restoration 7586 State Highway 65, NE Fridley, Minnesota 55432 Municipal Builders, Inc. 17125 Roanoke Street NE Anoka, Minnesota 55304 Sheehy Construction Company, Inc. 360 West Larpenter Avenue St. Paul, Minnesota 55113 Jay Brothers, Inc. 9218 Lake Drive NE Forest Lake, Minnesota 55025 The Belair Companies 2200 ()Id Highway 8 New Brighton, Minnesota 55112 Langer Construction 54 East Moreland Avenue West St. Paul, Minnesota 55118 $ 297,300.00 + $5,100.00 $ ;01,000.00 + 85,500.00 $ 337,300.00 + $5,200.00 $ 337,500 00 ± 86,500.00 8 35 ),369.00 + 84,850.00 8366,000.00 + $5,275.00 WHEREAS, it appears that Mills Concrete Restoration, 7586 State Highway 65 NE, Fridley, Minnesota 55432, is the lowest responsible bidder, 1 1 1 1 RESOLUTION NO. 95 - 144 Page -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIN() LAKES, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Mills Concrete Restoration, Fridley, Minnesota, for the base bid only (irrigation system omitted) in the name of the City of Lino Lakes for the construction of Pumphouse No. 4, according to the plans and specification on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 23rd day of October, 1995 Vernon F. Reinert, Mayor i. r� �. <�: Marilyn G/Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in fiivor thereof: Bergeson, Elliott, Kuether, Reinert_ The following voted against same: Neal Whereupon said resolution was declared duly passed and adopted_ Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 145 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE TRAPPERS CROSSING IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on August 28, 1995, the City Engineer has prepared plans and specifications for the Trappers Crossing Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published to two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Thursday, December 7, 1995 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, December 11, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 23rd day of October, 1995. Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted.