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HomeMy WebLinkAbout12/18/1995 Council MinutesCOUNCIL MEETING DECEMBER 18, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : December 18, 1995 . 6:30 P.M. . 7:43 P.M. : Bergeson, Elliott, Kuether, Neal, Reinert : None Staff Members present: City Engineer, David Ahrens; Consulting Engineers, John Powell and Tim Murphy; Chief of Police, David Pecchia; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Bond Consulting Bond Attorney, Ron Batty; Fire Chief, Milo Bennett; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA An item was added under new business titled, Suspension and Termination of Officer Bruce Keller. OPEN MIKE No one appeared under open mike. CONSIDERATION OF DISBURSEMENTS December 18, 1995 - Council Member Neal moved to approve this disbursement as presented. Council Member Kuether seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Swear -in Police Officer William Koch - Chief Pecchia explained that Officer Koch has been with the Police Department approximately two (2) months. Officer Koch brings with him a variety of experience from neighboring police departments including Spring Lake Park where he served a college internship, the Blaine Police Department where he served for several years as a community service representative and also served as a court security officer for Anoka County Sheriffs office. Mayor Reinert administered the oath of office and welcomed Officer Koch as a police officer. PAGE 1 1 1 COUNCIL MEETING DECEMBER 18, 1995 PUBLIC HEARING, MODIFICATION OF THE PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING (TIF) DISTRICTS No. 1-1 AND 1- 2, BRIAN WESSEL Mayor Reinert opened the public hearing at 6:35 P.M. Mr. Wessel explained that earlier this evening the Economic Development Authority (EDA) adopted modified plans for Tax Increment Financing Districts 1-1 (Rice Lake Estates) and 1-2 (Sunrise Meadows). The purpose of this modification is to transfer funds within the district to reimburse the City's service area fund for the dollars spent to fund the West Central Trunk project. The purpose of the public hearing is to received public comment regarding the modification of these TIF Plans. There were no questions or comments from the City Council or the audience. Council Member Neal moved to close the public hearing at 6:37 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 186 Approving a Modified Program for Development District No. 1 and Tax Increments Financing Plans for TIF Districts No. 1-1 and 1-2 - Mr. Wessel explained that this resolution finds that development occurring in TIF Districts 1-1 and 1-2 was made possible by infrastructure improvements in the modified Plans and would not reasonably have occurred solely through private investment. The modified Plans will reimburse the City for funds used to finance these improvements. Council Member Elliott moved to adopt Resolution No. 95 - 186. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 186 can be found at the end of these minutes. Consideration of Resolution No. 95 - 195 Authorizing Execution of Reimbursement of Development Agreements - Mr. Wessel explained that the EDA entered into a series of development agreements with businesses moving into the Apollo business Park. In these agreements, the EDA has assumed revenue obligations on behalf of the City. There has been no formal agreement between the City and the EDA for transferring funds from the EDA to the City. This resolution states that the EDA agrees to repay its obligation with interest to the City out of tax increment, as increment is received. Mr. Batty, bond attorney for the City is recommending that these agreements be approved. Council Member Elliott moved to adopt Resolution No. 95 - 195. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 2 COUNCIL MEETING DECEMBER 18, 1995 CONSIDERATION OF THE ADOPTION OF THE CITY DRUG AND ALCOHOL TESTING POLICY PER U. S. DEPARTMENT OF TRANSPORTATION REGULATIONS, 49 C.F.R. PART 382, DAN TESCH Mr. Tesch explained that a drug and alcohol testing policy was sent to the City Council in their packets. This policy is mandated by the Federal Government. The policy requires all public and private employers that have drivers who are required to carry a Commercial Driver's License (CDL) put in place a random drug testing policy. The policy for the City of Lino Lakes is one that has been modified based on an approved model by several cities in the metro area. The policy meets all guidelines necessary to comply with the federal legislation including random and reasonable suspicion drug and alcohol testing. Mr. Tesch will come before the City Council in January to request that the City enter into a contract with Metro Test to administer the Lino Lakes testing policy. The City will be a member of a consortium of metropolitan cities thereby pooling the Lino Lakes drivers and realizing a significant reduction in costs. Council Member Kuether moved to approve the Drug and Alcohol Testing Policy for the City of Lino Lakes. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 95 - 187 Receiving Feasibility Study and Calling Hearing for Improvement - Clearwater Creek Trunk Utilities, John Powell - Mr. Powell explained that the Lino Lakes City Council ordered the preparation of a feasibility study for this proposed improvement at its regular meeting on September 11, 1995. The report addresses the need for trunk utility service in the southeast quadrant of I35E and Main Street to support development of businesses in that area. In accordance with Minnesota State Statute Section 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing scheduled. Resolution No. 95 - 187 sets the public hearing for 6:30 P.M., January 22, 1996 Council Member Elliott moved to adopt Resolution No. 95 - 187 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 187 can be found at the end of these minutes. Consideration of Resolution No. 95 - 188 Receiving Feasibility Study and Calling Hearing for Improvement - Elevated Water Storage Tank No. 2 - Mr. Powell explained that the Lino Lakes City Council ordered preparation of a feasibility study for this proposed improvement at their September 11, 1995 meeting. In accordance with PAGE 3 1 1 1 COUNCIL MEETING DECEMBER 18, 1995 Minnesota State Statute Section 429 and the Lino Lakes City Charter, the feasibly study is to be received by the City Council and a public hearing scheduled. Resolution No. 95 - 188 sets the public hearing for 6:30 P.M., January 22, 1996. Council Member Bergeson asked if the City should enter into an agreement with a neighboring community, could the tank size have to be increased to more than a million gallons. Mr. Powell said no, the proposed tank could handle the additional use. Council Member Bergeson moved to adopt Resolution No. 95 - 188 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 188 can be found at the end of these minutes. Consideration of Resolution No. 95 -193 Approving the Final Payment for the Ware Road Utility Improvement - Mr. Powell explained that construction of this project has been completed and submittals from the contractor, Ro-So Contracting, Inc. have been received. The issuance of the final payment will initiate the contractor's one year warranty period. Council Member Kuether moved to adopt Resolution No. 95 - 193 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 193 can be found at the end of these minutes. Consideration of Resolution No. 95 - 194 Approve Final Payment for Well No. 4 - Mr. Powell explained that construction on this project has been completed as well as the final submittals from the contractor, Keys Well Drilling, Inc. have been received. The issuance of the final payment will initiate the contractor's one year warranty period. Council Member Kuether moved to approve Resolution No. 95 - 194 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 194 can be found at the end of these minutes. Consideration of Resolution No. 95 -189 Declare Adequacy of Petition and Order Preparation of Report, Marshan Lake Condominiums - Mr. Murphy from OSM explained that originally the project was to be a developer financed and installed project. Recently the property owner and developer of the proposed condominium development located at the northeast corner of Aqua Lane and Lake Drive submitted a petition to the City requesting that the City construct sanitary sewer, storm sewer, streets and water service. A copy of the petition and a map of the area was included in the City Council packets. PAGE 4 COUNCIL MEETING DECEMBER 18, 1995 Pursuant to Minnesota Statutes, Chapter 429 and Chapter 8 of the Lino Lakes Charter, the City Council is required to declare the adequacy of the petition and order the preparation of a report studying the proposed improvements. Council Member Elliott moved to adopt Resolution No. 95 - 189 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 -190 Receiving Report and Waiving a Public Hearing - Mr. Murphy explained that pursuant to Minnesota Statute, Chapter 429 and Chapter 8 of the Lino Lakes City Charter, the City Council must receive the report studying the proposed street and utility improvements to the Marshan Lake Condominium project area. As a result of the utility construction completed as part of the Wenzel Farms and Marshan Shores developments, the sewer and water mains are readily accessible to serve the petitioning property located at the northeast corner of Lake Drive and Aqua Lane. The size, type and depths of the existing utilities are adequate to serve the property. OSM, Inc. has studied the proposed improvements and has determined that the improvements are feasible and should be constructed as proposed. The engineer's estimate for the proposed improvements is $874,360.00. Funding is proposed to be through the collection of assessments levied against the benefiting property. The property owner has signed a waiver of public hearing and appeal of assessments. Therefore, no public hearing is required. Mr. Murphy noted that the report and waiver of public hearing refers only to the proposed Marshan Lake Condominiums and not to any other adjoining property. Council Member Bergeson moved to adopt Resolution No. 95 - 190 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 190 can be found at the end of these minutes. Consideration of Resolution No. 95 -191 Ordering Improvement and Preparation of Plans and Specifications, Marshan Lake Condominiums - Mr. Murphy explained that pursuant to Minnesota Statute, Chapter 429 and Chapter 8 of the Lino Lakes Charter, the City Council received the report studying the proposed street and utility improvements to the Marshan Lake Condominium project area. The property owner has signed a waiver of public hearing and appeal of assessments, and a waiver of the 60 day waiting period to order the project. Therefore, the City Council may order the improvements at this time. PAGE 5 1 1 COUNCIL MEETING DECEMBER 18, 1995 Council Member Kuether moved to adopt Resolution No. 95 - 191 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 191 can be found at the end of these minutes. Consideration of Resolution No. 95 -192 Approving Plans and Specifications and Ordering Advertisement for Bids, Marshan Lake Condominiums - Mr. Murphy explained that OSM has delivered 95% of the plans for this improvement to the City Engineer. These plans are currently under review. OSM is planning to advertise for bids on this improvement and open bids on January 11, 1996. Mr. Murphy asked for approval of the plans and specifications as delivered to staff and authorization to receive bids. Council Member Elliott moved to adopt Resolution No. 95 - 192 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 196 Declaring Adequacy of Petition and Order Preparation of Report, Pheasant Hills Preserve, Seventh Addition - Mr. Ahrens explained that the property owners of property known as Pheasant Hills Preserve, Seventh Addition have petitioned the City to construct street, storm sewer, sanitary sewer and watermain for the subdivision. This parcel received preliminary plat approval in 1991. Council action is required to declare the petition adequate and order preparation of a report. Council Member Elliott moved to adopt Resolution No. 95 - 196 as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 196 can be found at the end of these minutes. FINANCE DEPARTMENT REPORT, RANDY SCHUMACHER Consideration of Resolution No. 95 - 183 Adopting the General Fund and the Water and Sewer Fund Budgets - Mr. Schumacher explained that pursuant to State Statute, a final 1996 General Fund revenue and expenditure budget must be adopted. Also, per the 1994 utility rate study, 1996 Sewer revenues and expenditures budget and a 1996 Water revenue and expenditure budget should be adopted. The City Council has worked several months to prepare these budgets. A Truth in Taxation public hearing was held to allow the citizens to give their input into the proposed 1996 General Fund budget. The total proposed 1996 General Fund budget is $4,085, 548.00. Council Member Elliott moved to adopt Resolution No. 95 - 183 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 183 can be found at the end of these minutes. PAGE 6 COUNCIL MEETING DECEMBER 18, 1995 Consideration of Resolution No. 95 -184 Certifying the Final 1995 Tax Levy, Collectable in 1996 - Mr. Schumacher explained that pursuant to State Statute, a final 1995, collectable 1996 tax levy must be adopted. This levy includes the total of the General Operating levy, the Certificate of Indebtedness levies, and the Public Project Revenue Bond levy. In September, the City Council set the proposed levy at $3,040,000.00. The City Council has decided to certify this amount to Anoka County as follows: Levy amount certified to Anoka County Less HACA $3,040,000.00 (415,957.00) Total certified to Anoka County $2,624,043.00 Council Member Kuether moved to adopt Resolution No. 95 - 184 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 184 can be found at the end of these minutes. Consideration of Resolution No. 95 - 185 Authorizing the Transfer of Funds from Tax Increment District 1-1 and Tax Increment District 1-2 to the Area and Unit Fund - Mr. Schumacher explained that the West Central Trunk sewer and water project was completed in the late 1980's serving the areas of Rice Lake Estates and Sunrise Meadows. Because of Charter restrictions, a bulk of the project was financed with area and unit charges. As this is a qualifying expense under the State Statute Tax Increment Financing laws, the City is requesting authorization to pay back the Area and Unit Fund. Council Member Elliott moved to adopt Resolution No. 95 - 185 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 185 can be found at the end of these minutes. CONSIDERATION OF THE COST OF LIVING ADJUSTMENT FOR 1996 NON- UNION EMPLOYEES In 1995, the Lino Lakes City Council adopted a Pay Program which, per State Statute listed employees, job value points and minimum and maximum salaries for employees. This program was adopted for the following reasons: - Pay Equity Requirements - All other employee groups (49ers, Teamsters, and LLMA) already had step pay programs. The three (3) existing pay programs were incorporated into the overall Pay Program. - Allows for equitable compensation administration. PAGE 7 1 1 COUNCIL MEETING DECEMBER 18,1995 - Existing employees as well as new hires know what to expect in terms of salary potential. The City Council has already adopted a cost of living adjustment to the Pay Program for the 49ers and LLMA of 3%. Mr. Schumacher recommended that the City Council approve a 3% cost of living adjustment (c.o.l.a) for non-union employees. In addition, he recommended that non-union employees receiving satisfactory performance reviews advance to their next step in the pay program. This would keep them in line with the LLMA employees as well as the Teamsters and the 49ers. Mr. Schumacher noted that this matter was discussed at several City Council work sessions and recommended that the City Council adopt his recommendation. Council Member Elliott moved to approve a 3% cost of living and step advancement for employees with satisfactory performance evaluations. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of City Administrator Review and Compensation for 1996 - Mr. Schumacher explained that at the October 14, 1995 Council work session, the City Council reviewed the 1995 goals and accomplishments of the City and the City Administrator. The areas included: Finance Community Development Personnel Labor Relations Community Projects Communications The City Council also went through the feedback report on the Assessment of Leadership Practices that Mr. Schumacher participated in earlier in 1995. Council Member Elliott moved to approve the satisfactory evaluation of the City Administrator and advance him to the next step in the Pay Program. Council Member Kuether seconded the motion. Motion carried unanimously. OLD BUSINESS Update - Livable Communities Act - Ms. Wyland explained that because the City has two (2) items pending before the Metropolitan Council, and favorable action on these items is desired, staff is bringing this matter back for City Council consideration. Ms. Wyland said she has looked at how development in this City may proceed in the next 12 months based on what has happened in the last 12 months. The City index was reviewed and goals were considered that could feasibility be achieved within a one year time frame. PAGE 8 COUNCIL MEETING DECEMBER 18, 1995 The one-year goal is based on existing trends, considering the Marshan condominiums, the senior cottages and the number of building permits that were issued in 1995. In November, 1996 the City will be asked to again pass a resolution indicating its willingness to participate in the Livable Communities Act. At that time, the City can opt to participate or tell the Metropolitan Council that the City does not want to participate. If the City decides to participate in 1996, the City will again be asked to renegotiate the goals presented this evening since these proposed goals are only for one-year. Ms. Wyland used the overhead projector and outlined the proposed goals for 1996 and how these goals were prepared. She asked the City Council to adopt the one-year goals. Ms. Wyland explained that the one-year goals represent what is taking place today. It does not include any new subdivisions, and no rezoning. The only projected item is the Apollo Meadows commercial site because there is some interest in the site. Mayor Reinert asked if the senior cottages would qualify as affordable rental housing. Mr. Schumacher explained that the senior cottages are a Minnesota Housing Finance subsidized program and qualifies as affordable rental housing. Ms. Wyland explained that it also qualifies as an alternative housing type. Mayor Reinert said that it seems that the City is being held hostage because we have some items pending before the Metropolitan Council. He suggested that the City ask the Metropolitan Council to act on the items and if they are acted on in a favorable manner, the City will act to participate in the Livable Communities Act. Council Member Kuether said she was concerned about an item on the staff proposal regarding non -single family detached rental units. Staff has suggested that 35% is an acceptable level. Ms. Wyland said that this number can be reduced to whatever the City Council feels comfortable with. Mr. Schumacher said he felt that Metropolitan Council was not looking at acceptable levels but was looking at municipalities participating in the program and getting into the process of planning for housing needs. The legislature put this program together quickly and it seems that they are not concerned about the numbers that are listed as goals. Ms. Wyland said she was told by a staff person at the Metropolitan Council that the City should use whatever number the City feels comfortable with. Mayor Reinert said that a good discussion was held when this matter was previously before the City Council. He said that rental units require certain services such as mass transportation and the availability of shopping and medical services. He noted that Lino Lakes probably never will have the mass transportation that is needed to move around the rental population that is being suggested. Also the 20/20 Vision groups have reviewed this matter and the feeling of this group appears to be that Lino Lakes is a community of single family homes and would like to remain that way in the future. Mayor Reinert said PAGE 9 1 COUNCIL MEETING DECEMBER 18, 1995 that staff should tell the Metropolitan Council what the present community feels the future of Lino Lakes should be and not what the Metropolitan Council thinks the City should be. Ms. Wyland suggested that the City present what is currently the situation as the goal for 1996. She explained that staff is anticipating that there will be fewer problems with the items that the City has before Metropolitan Council if the City Council adopts a one-year plan. Ms. Wyland noted that all Anoka County communities except Circle Pines and Andover have elected to be a part of the Livability Communities Act. All of the communities participating in the Livability Communities Act have submitted their goals except for the City of Anoka and the City of Centerville who will be doing so next week. Mayor Reinert said that if this City elects to become a higher density community, then the City Council will have to consider the effects of this population on the services provided by the City. He felt that these types of concerns needed to be addressed before any goals could be set. Council Member Bergeson said that 1.8 units per acre for R-1 or R -1X zoned properties may be typical of what is happening at this time. However, all of the easiest parcels to develop have been developed. Some of the parcels that remain probably have not been developed because of wetland restrictions and other development obstacles. Council Member Bergeson felt that the 1.8 units per acre may not be realized out of these "troubled" parcels of property. He said he would like to see goals set that take into consideration some of the problems of development that do exist. Ms. Wyland said that the 1.8 units per acre already addresses some of these concerns, however the goal could be set a 1.2 or some other number. Mayor Reinert said that it appears that the City Council is saying that the City should be conservative when preparing the goals. Council Member Bergeson said that he felt that if the City continues with the program and submitted to Metropolitan Council numbers that were less than the numbers for the first year, the City would have to explain the difference. He felt that the City should be conservative with the initial goals because once this program is started, it will probably be continued. The goals suggested by the City Council are as follows: Single Family Detached Homes 1.2/acre Rental 10% Affordability Rental 23% Council Member Bergeson asked if staff was aware of what other communities have presented as their goals. Ms. Wyland said that she did not have this information. Council Member Bergeson asked if Mr. Wessel had any comments about this matter. Mr. PAGE 10 COUNCIL MEETING DECEMBER 18, 1995 Wessel said he felt that this is an awkward time. Many of the things are ultimately based on the comprehensive plan update including a transportation plan. This process is lengthily and has to be done very well. If the City begins this process in January, 1996, it probably will not be completed until midyear, 1997. This interim period will be busy dealing with issues of MUSA and the land exchange. January, 1996 is an important month for the land exchange. Four (4) meetings have been scheduled to go through the process. The City has made a statement that it is willing to explore the Livable Communities Act. Mr. Wessel said that he would have no problem with a very conservative set of goals. He felt that this is and will be an ongoing period of negotiation and exploration. Mr. Schumacher said that he did not see any advantage in presenting high goals. It appears that all Metropolitan Council is looking for at this time is participation in the Livable Communities Act program. Mr. Schumacher noted that the City has participated in all of the programs of the Metropolitan Council to date. If the City does not find any benefit to participating in all these programs (positive approval of items pending before the Metropolitan Council), the City should put a hold on all of the programs that the City Council has approved and start negotiating with Metropolitan Council. Mayor Reinert asked if the Metropolitan Council is aware of the 20/20 Vision project and the large involvement of this community. Mr. Wessel explained that this is stressed every time he meets with them. Council Member Elliott moved to present the following goals to the Metropolitan Council with the note that these are one-year goals; Affordability Ownership Rental Life -Cycle Type (Non -single family detached) Owner/rental Mix Density Single -Family Detached Multi -family Council Member Kuether seconded the City Index Benchmark Goal 68% 68% - 69% 60% 23% 35% - 48% 23% 5% 35% - 36% 10% 96/4% 1.0/acre 0/acre 64 - 75/25 - 36% 90/10% 1.8-1.9/acre 1.2/acre 10 - 12/acre 5/acre motion. Motion carried unanimously. PAGE 11 1 1 COUNCIL MEETING DECEMBER 18, 1995 NEW BUSINESS Suspension and Termination of Officer Bruce Keller, Resolution No. 95 - 197 - Mr. Hawkins noted that this item contains some subject matter that is confidential and non- public and suggested that the City Council merely consideration of Resolution No. 95 - 197 without any further discussion. Council Member Neal moved to adopt Resolution No. 95 - 197 and authorize staff to prepare the necessary documentation. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 197 can be found at the end of these minutes. Mayor Reinert's Statement - Mayor Reinert noted that this is his final meeting after 14 years serving as Council Member and Mayor. He also noted that he has lived in the City for 20 years and has seen many changes. Lino Lakes has offered many amenities to his family and to the many families who have sought a home here. Mayor Reinert said that the City Council has heard many times, "close the door after we get here because we do not want any more people here". That does not work. The City Council has, over the years, looked at what the City should be and what they thought it should be. For the most part, the City Council has done a good job. They have set the stage for the future that is going to make this community well recognized and well thought of and will continue to be desirous to live in. Mayor Reinert said that it has been a privilege to work as a member of the City Council over the years. He expressed his gratitude for the support of the electorate of the community. He is pleased that they felt that he had something to offer and have kept him in office for many years. Mayor Reinert thanked his family, especially his wife, the staff, past and present Council Members, and the City Administrator. He felt that many good things have been put in place during the past 14 years. He noted that nobody does anything alone, it takes a team effort. Mayor Reinert said he felt that there is a team working for the community. Mayor Reinert said that he would be keeping in touch and seeing everyone from time to time. Vi Hagstrom, Snowmobiles - Ms. Hagstrom, 926 Birch Lane said that she has a concern with the snowmobilers running over her property and making it difficult for her to get onto Lake Drive. Mayor Reinert introduced her to Sergeant Hammes and explained that he will meet with Ms. Hagstrom to help alleviate her concern. Council Member Linda Elliott's Statement - Council Member Elliott said that Mayor Reinert said most of what she wanted to say. She thanked her husband, family and neighbors and staff for supporting her the past four (4) years. Council Member Elliott said she felt that the City Council has worked together very well even when there was a PAGE 12 COUNCIL MEETING DECEMBER 18, 1995 disagreement. She thanked Mr. Schumacher and City staff and noted that they have been professional, fun and always real quick to respond. Council Member Elliott thanked the voters for giving her a chance to serve on the City Council. Council Member Kuether noted that a reception for Mayor Reinert and Council Member Elliott will be held following this meeting at the Blaine American Legion Club on Flowerfield in Blaine. Mayor Reinert introduced his oldest grandson Dan and asked him to gavel the end of the meeting. Council Member Elliott moved to adjourn at 7:43 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at the regular Council meeting held on January 22, 1996. Marilyn G./Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 13 1 Council member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-183 RESOLUTION ADOPTING THE FINAL 1996 GENERAL OPERATING BUDGET AND THE SEWER AND WATER BUDGETS FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting General Fund revenues and expenditures for the upcoming fiscal year and, WHEREAS, Based on a utility rate study, the 1996 Sewer and Water Fund budget has been established by the Engineering department and should be adopted through resolution. NOW THEREFORE BE IT RESOLVED: That the following General Fund operating budget be adopted on a final basis for 1996: 1996 FINAL GENERAL FUND BUDGET REVENUES: Property Taxes $2,328,302 Intergovemmental Revenue 740,034 Business Licenses and Permits 17,242 Non -Business Licenses and Permits 384,890 Charges for Services 28,100 Refunds and Reimbursements 62,500 Franchise Fees 60,900 Public Safety 64,080 Municipal Fines 90,000 Interest on Investments 50,000 Engineering/Planning Fees 90,000 Administrative Fees 138,000 Miscellaneous 30,500 TOTAL FINAL GENERAL FUND REVENUES $4,084,548 EXPENDITURES: Mayor and Council 56,085 Elections 10,440 Administration 276,255 Cable TV 5,770 Finance 212,280 Legal Consultants 112,000 Economic Development 136,480 Engineering/Planning 263,695 Planning and Zoning Board 9,190 Govemment Buildings 191,725 Charter Commission 4,250 Police 1,029,450 Fire 270,000 Building Inspections 126,910 Streets 522,953 Solid Waste Abatement 58,560 Page 2 Expenditures Continued Fleet Management 156,667 Parks 300,305 Recreation 100,490 Park Board 6,005 Forestry 99,983 Salary Reserve 87,200 Reserves 47,855 TOTAL FINAL GENERAL FUND EXPENDITURES $4,084,548 LET IT BE FURTHER RESOLVED: That the following Sewer and Water Budgets be adopted for 1996: 1996 SEWER FUND BUDGET Sewer Revenue Budget Sewer Expenditure Budget 1996 WATER FUND BUDGET Water Revenue Budget Water Expenditure Budget Adopted by the Lino Lakes City Council this 18th day of December 1995. Vernon F. Reinert -Mayor Marilyn O'. Anderson, Clerk -Treasurer $ 500,000 $ 431,842 $ 446,976 $ 178,857 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, Neal, Kuether, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-184 RESOLUTION CERTIFYING THE FINAL 1995 TAX LEVY, COLLECTABLE IN 1996. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1996, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of Indebtedness obligations, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project Revenue Bonds, and WHEREAS, the City of Lino Lakes is not restricted by levy limitations imposed by the State of Minnesota. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a proposed basis the following upon taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the year 1995 to be spread for taxes due and payable in the year 1996 (including HACA) is the total sum of $3,040,000. 2. The total amount above levied is for the following purposes: GENERAL OPERATING $2,685,794 General Bonded Debt Public Project Revenue Bonds 104,055 Equipment Certificates of 1992 54,679 Equipment Certificates of 1994 82,688 Equipment Certificates of 1995 112,784 Total General Obligation Bonded Debt $ 354,206 TOTAL LEVIES $3,040,000 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and special levies for Equipment Certificates and the Public Project Revenue Bonds as reviewed by the City Council represents the basis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action. LET IT BE FURTHER RESOLVED that the total levy will be certified to the County of Anoka Tess the certified amount of Homestead and Agriculture Credit Aid (HACA) for payable 1996. Total Levy $3,040,000 Less Total HACA (415,957) Total Levy Tess HACA $2,624,043 Page 2 Adopted by the Lino Lakes City Council this 18th day of December, 1995. If n Anderson, , Clerk -Treasurer Vemon F. Reinert, Mayor 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 following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 Council member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-185 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM TAX INCREMENT DISTRICT 1-1 AND TAX INCREMENT DISTRICT 1-2 TO THE AREA AND UNIT FUND WHEREAS, the City installed the West Central trunk sewer main in the late 1980s, and WHEREAS, this trunk sewer main served the subdivisions of Rice Lake Estates and Sunrise Meadows, and WHEREAS, Rice Lake Estates is in T.I.F. District 1-1 and Sunrise Meadows is in District 1-2, and WHEREAS, The Area and Unit fund financed much of this project because of charter requirements. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes authorize the following transfer. Area and Unit Fund (406) Tax Increment 1-1 (407) Tax Increment 1-2 (408) INCREASE $1,609,687 Adopted by the Lino Lakes City Council this 18th day of December, 1995. Marilyn( G Y .`anderson, Clerk -Treasurer DECREASE ($1,097,491) ( 512,196) Vemon 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. Where upon said resolution was declared duly passed and adopted: Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 95-186 RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1 AND 1-2 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established Development District No. 1 ("Development District") and Tax Increment Financing District No. 1-1 ("TIF District No. 1-1") on January 26, 1987. 1.02. The City established Tax Increment Financing District No. 1-2 ("TIF District No. 1-2") on December 27, 1988. 1.03. The City established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and transferred authority for the Development District and TIF District Nos. 1-1 and 1-2 to the Authority. 1.04. In the past the Development District Program (the "Program") and the TIF Plans have been modified to assist improvements within the Development District pursuant to Minnesota Statutes, sections 469.171 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act"). 1.05. It is proposed that the Plans for TIF District Nos. 1-1 and 1-2 again be modified in order to authorize reimbursement to the city for past expenditures for infrastructure improvements. 1.06. The Authority and the City have authorized preparation of a modified Program and TIF Plans which are contained in documents entitled "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-1" and "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-2, dated December 18, 1995 and of file with the Authority. 1.07. Copies; of the Plans have been forwarded to Independent School District No. 12 and Anoka County along with a notice of a public hearing to be held by the City on December 18, 1995. 1 1 1 1 1 1.08. The Authority has adopted the modified Plans and referred them to the City for public hearing and consideration as provided by the TIF Act and the City Development District Act. 1.09. The City has fully reviewed the contents of the modified Plans and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Modification of Plans 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District Nos. 1-1 and 1-2 and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development which has occurred within the TIF District Nos. 1-1 and 1-2 which was made possible by major infrastructure improvements in the modified Plans would not reasonable have been expected to occur solely through private investment and that therefore the use of tax increment financing was necessary. 2.03. The modified Plans conform to the general plan for development of the City as a whole. 2.04. The public assistance to be financed largely through tax increment financing in the form of a reimbursement to the City for funds previously spent on infrastructure improvements were necessary to permit the City to realize the full potential of Tax Increment Financing District Nos. 1-1 and 1-2 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing 3.01. The modified Plans are hereby approved. The modified Plans incorporate by reference the original Plans and all subsequent modifications except as these modified Plans explicitly or by reasonable necessary implication conflicts with the original Plans for previous modifications: 3.02. The geographic boundaries of Tax Increment Financing District Nos. 1-1 and 1-2 are not affected by this modification and are as described in the original Plans. 3.03. The Authority is requested to file a copy of the modified Plans with the Minnesota commissioner of revenue as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. DATED: December 18 , 1995 Vernon F. Reinert, Mayor ATTEST: Marilyn Gi Anderson Clerk -Treasurer This motion for adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-187 RESOLUTION RECEIVING THE CLEARWATER CREEK TRUNK UTILITY FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, pursuant to a resolution of the Council adopted September 11, 1995, a report has been prepared by John Powell, TKDA with reference to the improvement of trunk utilities for the Clearwater Creek area, and this report was received by the Council on December 18, 1995 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 22nd day of January 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 18th day of December, 1995. ATTEST: Marilyn G. Anderson Clerk -Treasurer 6.1e -win Vernon F. Reinert, Mayor The motion for 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 passed and adopted. CERTIFICATION 1 hereby certify that the above is a rrect copy of a resolution duly passed, adopted and approved by the City Council on41995. C,„ge,„„„ Marilyn Anderson, Clerk -Treasurer Council Member Bergeson resolution and moved its adoption: introduced', the following CITY OF LINO LAKES RESOLUTION NO. 95-188 RESOLUTION RECEIVING THE ELEVATED WATER STORAGEi, TANK NO. 2 REPORT AND SETTING A PUBLIC HEARING. WHEREAS, pursuant to resolution of the Council adopted September 11, 1995, a report has been prepared by TKDA with reference to the improvement of Elevated Water Storage Tank No. 2, and this report was received by the Council on December 18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Or THE CITY OF LINO LAKES, L NNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 22nd day of January 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 18th day of December, 1995. ATTEST: MarilynL1)16,,4 atti2vvion-' C: derson Vernon F. Reinert, Ma or Cleric -Treasurer The motion for adoption of the foregoing resolution was duly seconied by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Ruether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on December 18, 1995. �n A wl7_�C-1, tic 'L aril n Anderson Clerk -Treasurer Y e 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95- 189 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDER REPORT ON IMPROVEMENTS - MARSHAN LAKE CONDOMINIUM PROJECT. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of the area at the northeast corner of Lake Drive and Aqua Lane by constructing streets, storm sewer, sanitary sewer, water mains and services, filed with the Council on December 15 , 1995, 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 the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether it should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. Adopted by the Lino Lakes City Council this 18th day of December, 1995. f, Vernon F. Reinert, Mayor Marilyn GY Anderson, Clerk - Treasurer The motion for 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 duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 190 RESOLUTION RECEIVING REPORT AND WAIVING PUBLIC HEARING - MARSHAN LAKE CONDOMINIUM PROJECT. WHEREAS, Pursuant to resolution of the Council adopted December 18, 1995, a report has been prepared by OSM, Inc. with reference to the improvement of the area at the northeast corner of Lake Drive and Aqua Lane by constructing streets, storm sewer, sanitary sewer, water mains and services, and this report was received by the council on December 18, 1995. WHEREAS, the property owner has waived his right to a public hearing and appeal of assessment. WHEREAS, the property owner waive the sixty (60) day waiting period provided in section 8.06 of the Lino Lakes City Charter. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such area in accordance with the report and the assessment of the beneficiary property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429 and Chapter 8 of the Lino Lakes City Charter, at an estimated cost of $874,360. Adopted by the Lino Lakes City Council this 18th day of December, 1995. 4.--(2-°V1642-1/ arilyn 6i Anderson, Clerk - Treasurer Vemon 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 duly passed and adopted. 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 191 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS - MARSHAN LAKE CONDOMINIUM PROJECT. WHEREAS, Pursuant to resolution of the Council adopted December 18, 1995, a report has been prepared by OSM, Inc. with reference to the improvement of the area at the northeast corner of Lake Drive and Aqua Lane by constructing streets, storm sewer, sanitary sewer, water mains and services, and this report was received by the council on December 18, 1995. WHEREAS, the property owner has waived his right to a public hearing and appeal of assessment. WHEREAS, the property owner waive the sixty (60) day waiting period provided in section 8.06 of the Lino Lakes City Charter. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the council resolution adopted the 18th day of December, 1995. 2. Plans and specifications are hereby ordered to be prepared by OSM, Inc. for such improvements pursuant to council resolution. Adopted by the Lino Lakes City Council this 18th day of December, 1995. - Vernon F. Reinert, Mayor Marilyn . Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95- 192 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT TO RECEIVE BIDS. WHEREAS,pursuant to resolution of the Council adopted December 18, 1995, plans and specifications have been prepared by OSM & Associates, Inc., detailing the proposed street and utility improvements associated with the Marshan Lake Condominium project. A feasibility report on the proposed improvements was received by the Council on December 18, 1995. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council approved the plans and specifications for the proposed improvements based on staff recommendations. The estimated project cost is $874,360. 2. The Council authorizes the advertisement to receive bids for the proposed improvements. Bids are to be received on January 11, 1996 at 10:00 a.m. Adopted by the City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for 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 passed and adopted. H:\5521.10K1 V [LVCORRES\RES Council Member Kuether resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-193 introduced the following RESOLUTION APPROVING FINAL PAYMENT FOR THE WARE ROAD UTILITY IMPROVEMENTS. WHEREAS, construction of the Ware Road Utility Improvements have been completed by Ro-So Contracting, Inc. AND WHEREAS, the one-year warranty periods for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Final Payment is hereby approved for the Ware Road Utility Improvements. Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson. Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION 1 hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on Dec. 18 , 1995. C"i—)41C MarilynAnderson, Clerk -Treasurer Council Member Kuether resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-194 RESOLUTION APPROVING FINAL PAYMENT FOR THE WELL NO. 4 IMPROVEMENTS. introduced the following WHEREAS, construction of the Well No. 4 Improvements have been completed by Keys Well Drilling Co. AND WHEREAS, the one-year warranty periods for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Final Payment is hereby approved for the Well No. 4 Improvements. Adopted by the Lino Lakes City Council this 18th day of December, 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 passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on Dec. 18 , 1995. Marilyn . Anderson, Clerk -Treasurer 1 1 1 Council Member Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 195 RESOLUTION AUTHORIZING EXECUTION OF REIMBURSEMENT AGREEMENTS WHEREAS, the City Council of the City of Lino Lakes (the "City") has established Development District No. 1 (the "Development District") and therein has established seven tax increment financing districts (the "TIF Districts"); and WHEREAS, the City transferred authority for the Development District and the TIF Districts in 1990 to the Lino Lakes Economic Development Authority (the "EDA"); and WHEREAS, since that time the EDA has assisted developments within the TIF Districts by offering a variety of financial incentives; and WHEREAS, in each instance in which assistance has been offered, the EDA has entered into a development agreement specifying the terms and conditions under which the financial incentives are to be made available; and WHEREAS, the approved incentive package has frequently involved the EDA borrowing funds from the City for land acquisition costs and/or assuming responsibility for payment of special assessments levied or to be levied against benefited property for public improvements; and WHEREAS, it has been the intent of the parties that the EDA would repay the City through tax increment generated by the developments as increment is received; and WHEREAS, the EDA and the City now need to formalize the financial arrangements between them, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino lakes, Minnesota as follows: 1. The Mayor and the City Administrator are authorized and directed to execute reimbursement agreements on behalf of the City with the EDA in regards to the projects in the TIF Districts which have received financial assistance. The reimbursement agreements shall be consistent with the PAGE 1 previously executed development agreements between the EDA and the developers. 2. The Mayor, City Administrator and staff are hereby authorized and directed to take any and all steps necessary or convenient in order to effect the purposes of this resolution. Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor ATTEST: MarilynL;G. 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, Re=nert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. PAGE 2 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 196 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDER PREPARATION OF REPORT FOR PHEASANT HILLS 7TH ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of by constructing streets, curb & gutter, storm sewer, water supply systems, and sanitary sewer systems, filed with the Council on December 18, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is make in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G'' Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None . Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on Dec . 18, 1995. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -197 RESOLUTION AUTHORING THE SUSPENSION AND TERMINATION OF POLICE OFFICER KENNETH BRUCE KELLER WHEREAS, Officer Keller has violated Police Department policies and procedures, City Code and terms of his employment agreement based on findings of his supervisors, and WHEREAS, Officer Keller has previously violated Police Department and City policy and was reprimanded for those violations, and WHEREAS, Officer Keller has been advised that the City Council is considering action to place him on suspension for five (5) days and then terminate his employment, NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Administrator to immediately suspend Officer Keller on December 19, 1995, without pay for five (5) days and then terminate the employment of Officer Keller on December 23, 1995 after the five (5) day suspension has been completed. Adopted by the City Council of the City of Lino Lakes this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. 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.