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HomeMy WebLinkAbout09/12/1994 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 12, 1994 121 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Building Official, Peter Kluegel; Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Setting the Agenda Agenda Item No. 10, Consideration of Resolution No. 94 - 71 Authorizing Sale of General Obligation Improvement Bonds, was moved forward to be discussed after Item No. 3, Consideration of Disbursements. Agenda Item No. 14C, Consideration of a Block Party Request was added to the agenda. Agenda Item No. 4A, SECOND READING of Ordinance No. 15 - 94, Rezoning a Portion of Behm's Century Farms from Rural (R) to Single Family Residential (R-1) was delayed until the September 26, 1994 Council meeting because only three (3) Council members were present. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF MINUTES August 8, 1994 - Council Member Elliott moved to approve the minutes as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 1 COUNCIL MEETING SEPTEMBER 12, 1994 August 22, 1994 - Council Member Elliott moved to approve the minutes as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF DISBURSEMENTS August 31, 1994 - Council Member Bergeson moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. September 12, 1994 - Council Member Bergeson moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Bergeson moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 94 - 71 AUTHORIZING SALE OF $2,095,000.00 TEMPORARY GENERAL OBLIGATION IMPROVEMENT BONDS Mr. Schumacher explained that Mr. Jerry Shannon, Springsted, Inc. is here to explain the purpose of the proposed bond sale. Mr. Shannon noted that the bonds are proposed to be sold to finance improvements in Country Lakes Estates, the Lake Drive/Hodgson Road Intersection Improvement and the Hodgson Road Watermain Improvement. The temporary bonds will be dated November 1, 1994 and will mature on November 1, 1997. The City may elect on November 1, 1996 or any date thereafter to prepay the bonds. Approximately 90% of the bonds will be repaid by assessments on the affected property, receipts from MnDOT and Anoka County. The balance will be funded by Tax Increment Financing (TIF), utility revenues and hookup fees. No tax levies are anticipated to complete any of the improvement projects. If the bonds are not totally prepaid on November 1, 1997, the City can refinance the bonds. Mr. Shannon also explained that the City is preparing to request an increase in the City's bond rating from Moody's from the current BAA to AAI. Mr. Shannon explained that bond sale is set for November 11, 1994 to coincide with the regular City Council meeting. Bids will be received at 2:00 P.M. and will be presented to the City Council that evening along with a recommendation to award the bids. Resolution No. 94 - 71 authorizes Springsted, Inc. to bring the bonds to the bond market for the City. PAGE 2 1 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 12, 1994 Council Member Bergeson asked why Appendix 1 refers to a 8 1/2% interest rate and Appendix 2 refers to a 4.1 % interest rate. Mr. Shannon explained that Appendix 1 refers to the interest rate charged by the City for special assessments and is approximately 2 1/2% over the interest rate paid by the City for financing. Council Member Bergeson moved to approve Resolution No. 94 - 71 Authorizing the Sale of General Obligation Improvement Bonds, Series 1994A. Council Member Elliott second the motion. Motion carried unanimously. Resolution No. 94 - 71 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Hiring Recording Secretarial Services for the Planning and Zoning Board - The Planning Department is requesting that the City Council authorize the employment of a recording secretary for the Planning and Zoning Board meetings. Currently Mary Kay Wyland is performing these duties. She is also responsible for various presentations before the Board, making it difficult to take the minutes as well. A business named TimeSaver Off Site Secretarial is being proposed to perform recording secretarial duties. Staff is requesting the opportunity to use this service for the balance of 1994 while evaluating the service and considering other options available. Council Member Elliott moved to authorize staff to enter into an agreement with TimeSaver Off Site Secretarial through December 31, 1994. Council Member Bergeson seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 57 Consideration of Rejecting Bids for the Hodgson Road Watermain Improvement - Mr. Powell addressed this matter explaining that bids were received at 10:00 A.M., Monday, August 22, 1994 and the received by the City Council that evening. A tabulation of the bids was prepared and presented to the City Council in their packets. There were a total of four (4) bids received with the lowest bid being significantly above the engineer's estimate. Mr. Powell explained that the lack of bidders and increased unit prices are likely due to most area utility contractors having an adequate workload to carry them into winter and therefore are not bidding additional work. This has been the case in other projects recently bid in other communities. PAGE 3 10 COUNCIL MEETING SEPTEMBER 12, 1994 Mr. Powell noted that discussions are being held with MnDOT regarding more working space along Hodgson Road than earlier allowed, which would likely reduce the construction cost. Mr. Powell recommended that the bids be rejected and that he be authorized to re -advertise the project within the next six (6) months. Council Member Bergeson asked if the engineer's estimates were reasonable. Mr. Powell said yes. Acting Mayor Neal asked what would happen if the project is rebid and the bids are still to high. Mr. Powell explained that lower prices are expected. He also noted that the engineer's estimate will be reviewed to be sure that it is correct. Council Member Elliott moved to approve Resolution No. 94 - 57 Rejecting Bids for the Hodgson Watermain Improvement and authorizing the consulting engineer to rebid the project as outlined. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 94 - 69 Abandoning the Service Road Improvement Project on the North Side of Lake Drive and the East side of Second Avenue - Mr. Schneider explained that a public hearing on this matter was held March 28, 1994. The 60 day waiting period has expired. Support for the improvement project from the property owners who would have to pay an assessment has been very weak. City staff has contacted each property owner to inform them that there would be a recommendation to cancel the project if a petition in support of the project is not received from the property owners. Mr. Schneider used the overhead projector and described the area that would be serviced by the new service road. He further detailed the project by using the clip board. Mr. Schneider indicated that the total cost of the improvement project is $106,000.00. MnDOT would finance $61,280.00 and the balance would be paid by assessment of the benefiting property. Mr. Schneider explained that there is no access to several properties in the area and the project would provide legal access. Ms. Wyland explained that she contacted each property owner and told them about the meeting this evening. She noted that there is still not 51% interest in the improvement as required by the City Charter. Mr. John Buzick, 6935 Lake Drive said that it is nice to get help from MnDOT to finance this proposed improvement, however it will PAGE 4 1 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 12, 1994 still cost him $15,000.00 and he will not get much benefit. He said he is still opposed to the project. Charlene Hopkins, 6891 Lake Drive said she understood that her assessment would be approximately $11,000.00 and now understands it is near $15,000.00. However, she explained that she was in favor of the project because she does not have frontage and cannot sell the house. Lending institutions will not approve mortgages if there is not legal access to the property. Mrs. Hopkins noted that if the storm water drainage assessment were eliminated from the assessment, it would be easier to accept. Mr. Schneider used the overhead projector to display the proposed assessment for each parcel of property. The assessment for the Hopkins property is $11,132.50. Mr. Schneider explained that it is City policy to assess for surface water management when other assessments such as street improvement or utility installation assessments are assessed. The surface water management project benefits the entire City, therefore all property owners will be assessed at some time. Acting Mayor Neal asked if the Hopkins' would have access to their property after the Lake Drive/Highway 49 improvement is completed. Mr. Schneider displaced a preliminary drawing of the improvement and noted that the construction plans call for a ditch across a portion of their property which would limit access. Mr. Jack Stodola, 6943 Lake Drive explained that the improvement project would devastate his business. The current access has been very functional and feels the proposed project is unfair. Mr. Stodola said he felt that there is no problem in the area. He asked what part of "no" does MnDOT not understand. He and several other property owners have said no several times. Mr. Schumacher said that this situation should be resolved. There are access concerns for some people. He explained that he has talked to MnDOT about getting the remaining right-of-way turned back to the City. Once the project is complete, all remaining right-of-way would be returned to the residents. Mr. Schneider also explained that this is a limited access area. There is only one small legal access for all of those properties. He explained in detail how the construction would give all access and how the right-of-way not used in the construction would be turned back to the property owners. Acting Mayor Neal asked Mr. Schneider how soon should the City PAGE 5 06 COUNCIL MEETING SEPTEMBER 12, 1994 Council take action on this matter. Mr. Schneider explained that there is always the possibility that MnDOT will not finance the portion as originally thought. He said he would like the matter resolved before the Lake Drive/Hodgson Road improvement project gets to far. Mr. Dean Quimby, owner of Lot 4 explained that he did a lot of research on this matter and asked why the property owners should pay for a street on state owned right-of-way. He felt that the state should pay for the access street. Mr. Quimby felt that there was some reason for the state holding onto the property and only turning it back to the City and not the property owners. Council Member Bergeson noted that if the City abandons the project the state will still own the right-of-way and asked if there would ever be an access problem for these residents. Mr. Schneider explained that as traffic levels increase,the property owners do run the risk of having their access cut-off. Council Member Bergeson asked if the plans for the Lake Drive/Hodgson Road improvements extend north to this area. Mr. Schneider explained technically yes, there will be some improvement to the roadway. Ms. Hopkins explained that she has been notified that there is some historical significance to her property. She asked how that will affect the project. Mr. Schneider displayed a map of the project and noted that a storm sewer starts at the end of the Hopkins property. He also explained to the City Council that the City has spent about $10,000.00 on this project to date. However, due to the lack of support by the property owners the project should be terminated as required by the City Charter. Council Member Elliott moved to adopt Resolution No. 94 - 69 Abandoning the Service Road Improvement Project on the North side of Lake Drive and the East side of Second Avenue. Council Member Bergeson seconded the motion. Mr. Schumacher explained that he wanted the property owners to know that this would mean that future funding from MnDOT is lost. Mr. Schneider explained that MnDOT funding for the project may already be lost. Council Member Bergeson asked if Mr. Schneider was certain where curbs and gutters would start. Mr. Schneider said no. He noted that if the plans call for curb and gutter all the way to the far end of the proposed service road, all access except for the one small area will be cut off. Mr. Schneider explained that if the City Council adopts the motion on the floor, all action on this PAGE 6 1 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 12, 1994 proposed improvement project is stopped. Council Member Elliott withdrew her motion and Council Member Bergeson withdrew his second. Council Member Bergeson asked that the plans and specifications for this area be made available. Mr. Schneider suggesting inviting all the property owners to a meeting where actual plans could be reviewed. He also noted that MnDOT purchased this right-of-way years ago so that they could maintain limited access to the street. Acting Mayor Neal asked if the entire roadway could be relocated further south. Mr. Schneider said this it is as far south as it can be. Mr. Buzick said that nobody else along Lake Drive has a service road, everyone has an individual driveway. In the past the state had plans to upgrade Lake Drive. The one limited driveway access is on his property and he would be willing to share it with the adjoining property owners. Mr. Buzick explained that it is fruitless to keep this matter going on and on. The property owners have said no. Council Member Bergeson moved to table this matter until the next Council meeting. Acting Mayor Neal seconded the motion. Council Member Bergeson said that his reason for tabling this issue is to be sure that everybody involved knows what the state is going to do, where there will be curb and gutter and where there will be no curb and gutter. Council Member Elliott said that she would like to see this information also, however she felt that it did not have any ramification on whether the project goes forward or not. Council Member Bergeson asked Mr. Schneider if he was recommending that the project be terminated. Mr. Schneider said yes, there is not enough support from the landowners. Mr. Schumacher asked Mr. Schneider if the City Council abandons the project, will this information be transmitted to the state. Mr. Schneider said no and the project will stay the same. However, eventually the state will limit access to those properties. Council Member Bergeson asked if the state has any obligation to continue an access? Mr. Schneider explained only to the one limited access that was approved years ago. Council Member Bergeson withdrew his motion. Acting Mayor Neal withdrew his second. Council Member Elliott moved to approve Resolution No. 94 - 69 Terminating the Service Road Improvement Project for the North Side of Lake Drive and the East Side of Second Avenue. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 7 1 n C„) COUNCIL MEETING SEPTEMBER 12, 1994 Consideration of Authorizing City Staff to Negotiate a Consulting Engineering Contract with a Third company, Orr-Schelen-Mayerson and Associates (OSM) - Mr. Schneider explained that the City currently contracts with two (2) consulting engineering firms. These contracts do not guarantee the firms any particular level of work, but provide the basis for hiring these firms when it suits the City's purpose. At times the City has been generating more work than has been possible for the present firms to complete on a timely basis. Upon request of City staff, a third firm, OSM has submitted a similar proposed general services contract with no obligation by the City to provide any certain level of work. OSM has done small wear course and seal coating projects for the City in 1992 and 1994. The OSM work on the 1994 wear course and seal coating project set a new standard for control of the contract quantities during construction in the field. Mr. Schneider recommended that City staff be authorized to review the contract for retaining OSM as an consulting engineering firm that could be assigned City projects. Mr. Hawkins explained that he has reviewed the contract and recommended approval. Mr. Ed DeLaForest and Brian Bourassa, representing OSM were in the audience. Mr. DeLaForest said he appreciated the opportunity to serve Lino Lakes. He noted that his firm is mid-sized, 150 staff persons and Mr. Bourassa would be the project manager. Council Member Bergeson asked Mr. Bourassa if he was currently serving on a City board. Mr. Bourassa explained that he is a member of the Park Board but has submitted his resignation effective January 1, 1995. He will continue to volunteer on the Focus Committee. Council Member Bergeson moved to authorize OSM as the third consulting engineering firm for the City of Lino Lakes. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of the Appointment of John Powell, of TKDA, as Interim City Engineer Until the Hiring Process for a New City Engineer can be Completed - The present City Engineer/Public Works Director's last day with the City will be September 23, 1994. This will not leave enough time to complete the hiring process to fill the position. A letter from Mr. John Davidson and Mr. John Powell of TKDA offers to provide Mr. Powell as the interim City Engineer to be PAGE 8 1 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 12, 1994 officed at City Hall upon the departure of the present City Engineer until the City completes the hiring process for a new City Engineer. Mr. Powell has the most recent long term experience working with the City on a variety of projects since early in 1992. The TKDA firm has the background of providing City Engineering services to the City for more than 10 years. Mr. Schneider recommended that the City appoint Mr. Powell as interim City Engineer. Council Member Elliott moved to approve Mr. Schneider's recommendation. Council Member Bergeson seconded the motion. Motion carried unanimously. Verbal Update of Lake Drive/Highway 49 Improvement Project - Mr. Schneider explained that all the funding for the improvement is in place. Since this particular right-of-way was an Indian habitat, excavation is in process to determine the cultural content of the area. Since partial funding for the improvement project is coming from Federal grants, a strict evaluation of the area must be completed. The cost of the evaluation will be made • part of the project costs. Mr. Schneider explained that consultants working on the cultural evaluation feel their work can be complete by late fall. Plans are progressing and it is anticipated that bids may be taken in late fall or early winter. There is discussion regarding putting this area on the historical register. CONSIDERATION OF THE SECOND READING OF ORDINANCE NO. 13 - 94 AMENDING THE LINO LAKES CITY CODE, SECTION 208, POLICE DEPARTMENT, POLICE CHIEF PECCHIA Chief Pecchia explained that this presentation is a final draft of the proposed ordinance which defines specific incidents in which the Lino Lakes Community Service Officer (CSO) will be authorized to issue citations. The incidents include: Ordinance violations related to junk vehicles, house and address numbers, animal control and parking. Chief Pecchia noted that the CSO has extensive experience in dealing with issues related to the ordinances listed above. The CSO has received training in the development of probable cause to establish whether or not there is in fact a violation of the above ordinances. The CSO is prepared to begin issuing citations upon the approval of the recommended ordinance change. Any new CSO would receive extensive "on the job training" prior to being allowed to issue any citations. PAGE 9 COUNCIL MEETING SEPTEMBER 12, 1994 Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 13 - 94 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 13 - 94 can be found at the end of these minutes. FIRST READING, ORDINANCE NO. 16 - 94, ADOPTING CHAPTER 7080, MINNESOTA POLLUTION CONTROL AGENCY, INDIVIDUAL SEWAGE TREATMENT SYSTEMS, PETER KLUEGEL Mr. Kluegel explained that this is a City Code housekeeping update item. The individual sewage treatment systems standards formerly known as WPC -40 has been revised and are presently known as Chapter 7080. In order to keep our City Code current with state requirements, Ordinance No. 16 -94 has been prepared for Council consideration. Individual sewage treatment systems are commonly known as septic tank and drainfield systems. Chapter 7080 of the state requirements provides minimum standards for the design, installation, location, use and maintenance of these systems. The existing and proposed standards are designed to protect the surface and ground waters of this state, which promotes the public health, safety and general welfare. Some provisions of Chapter 7080 concern licensing of professionals including pumpers, evaluators, designers, and installers. System maintenance and abandonment is also addressed along with drainfield requirements which allows alternate systems. Alternate systems include graveless pipe, at grade systems and mound systems. Mr. Kluegel noted an additional provision of Chapter 7080 describes homeowner liability. A new state law effective August 31, 1994 contains a provision to make potential homeowners aware of a failing septic system. This law requires those selling or transferring property after August 31, 1994 to,disclose to the buyer the location and status of the septic system. If this information is not provided to the buyer, the seller may be held responsible for costs including attorneys fees required to upgrade the system. Mr. Kluegel read a portion of the proposed ordinance that states that the City of Lino Lakes will not perform inspections of existing sewage treatment system for any reason including inspection requests to comply with state laws regarding property transaction disclosure. Anyone requesting such an inspection, will be provided a list of private inspectors certified by the Minnesota Pollution Control Agency. PAGE 10 1 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 12, 1994 Mr. Kluegel recommended that the City Council adopt the FIRST READING of Ordinance No. 16 - 94. Council Member Bergeson noted the City ordinance that requires a homeowner inspection of septic tanks. Mr. Kluegel explained that this is a different ordinance. Council Member Bergeson moved to adopt the FIRST READING of Ordinance No. 16 - 94 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF APPROVING THE MINNESOTA OAK WILT COOPERATIVE SUPPRESSION PROGRAM SUBGRANT AGREEMENT, MARTY ASLESON Mr. Asleson explained that he is requesting authorization for signatures of the Minnesota Oak Wilt 1994 Cooperative Suppression Program Subgrant Agreement with the Minnesota Department of Natural Resources. The subgrant is a 50/50 cost -match program for the placement of vibratory plow line to control the spread of oak wilt. Mr. Asleson noted that this is the fourth year of a five year program that the Department of Natural Resources has acquired funding. He explained that the entire City is in the control program and the control line needs have greatly diminished. The subgrant request is based upon the estimate of what is felt is needed each year. Council Member Elliott moved to authorize the signing of the Subgrant Agreement. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF A LETTER FROM THE CITY OF CENTERVILLE REOUESTING JOINT WATER VENTURE, RANDY SCHUMACHER Mr. Schumacher noted receipt of a letter from the Mayor of Centerville requesting that Lino Lakes consider a joint venture regarding the extension of municipal water to the eastern portion of both cities. TKDA is currently in the process of examining how municipal water could be provided to this area. This is an appropriate time to discuss short term and long term needs with the City of Centerville. Specific commitment from property owners in that specific area of Centerville and Lino Lakes will be needed to proceed. This is a good time for Centerville to ask to be able to participate and share utilities on the east side. Mr. Schumacher noted that sharing utilities benefits both communities and explained that the City currently has joint agreements with several other surrounding cities. PAGE 11 COUNCIL MEETING SEPTEMBER 12, 1994 Mr. Schumacher recommended that staff be authorized to coordinate an initial informational and scoping meeting with the City of Centerville. Council Member Elliott moved to authorize City staff to start discussions with the City of Centerville. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF LETTER OF RESIGNATION FROM CITY ENGINEER, DARRELL SCHNEIDER Mr. Schumacher read a letter of resignation from Mr. Schneider. He explained that Mr. Schneider will be greatly missed. Mr. Schneider has contributed a significant degree of professionalism to the City during his years of employment. He has put together many programs and the framework for many other programs. Mr. Schumacher felt that this was a good time for the City to hire a City Engineer considering the growth patterns that the City has experienced. Mr. Schumacher said that he felt the City was fortunate to have someone with the background and experience that Mr. Schneider has during this period. Mr. Schumacher said he will also greatly miss Mr. Schneider. Council Member Bergeson moved to accept the resignation of Mr. Schneider with regrets, thanks and good luck. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Schneider said that he has greatly enjoyed working with the City the past five (5) years. He noted working for the City in its formative years was probably the best time to work the City. CONSIDERATION OF RESOLUTIONS TO COMPLY WITH TRUTH AND TAXATION LEGISLATION, RANDY SCHUMACHER Resolution No. 94 - 72 Adopting the Proposed 1995 Annual Budget - Mr. Schumacher explained that Truth in Taxation legislation requires the City of Lino Lakes to adopt a proposed 1995 operating budget on or before September 15th of each year. The proposed budget is set at 1994 levels with the new dollars allocated mainly to the Police Department, Public Works Department, Engineering/Planning Department and Government Buildings. The departmental budgets within the proposed budget will be further reviewed by the City Council and staff between September 15th and November 25th. This is also the time for the public to contact City Hall and express their opinion regarding the level of services provided. PAGE 12 1 1 1 X 1.5 COUNCIL MEETING SEPTEMBER 12, 1994 Council Member Bergeson referred to the levy number in the budget and noted that it is not the same as the levy number on the levy motion. Mr. Schumacher explained that the levy number on the budget does not include some government aids such as HACA. Council Member Bergeson noted that once the preliminary levy is adopted, the City Council cannot increase that figure but can decrease it. Council Member Bergeson asked if the preliminary budget can be increased. Mr. Schumacher said yes, there are no constraints other then the levy. Council Member Bergeson moved to adopt Resolution No. 94 - 72 outlining the preliminary budget for 1995. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - Resolution No. 94 - Collectable in 1995 Resolution No. 94 - seconded the motion. 72 can be found at the end of these minutes. 73 Adopting the Proposed 1994 Tax Levy, - Council Member Elliott moved to adopt 73 as presented. Council Member Bergeson Motion carried unanimously. Resolution No. 94 - 73 can be found at the end of these minutes. OLD BIISINESS There was no Old Business NEW BIISINESS Consideration of a List of Properties that have Forfeited to the State of Minnesota in Trust - Mrs. Anderson presented a list of properties that have become tax forfeit to the State. Maps of the properties were included with the Council packets. The owners of these properties have one (1) year from the forfeiture date to redeem the properties. Therefore no action can be taken by the City Council at this time. This matter was presented for informational purposes only. Consideration of Resolution No. 94 - 70 Accepting Donation from the Circle -Lex VFW Post #6583 for Three Ballistics Vests - Mrs. Anderson explained that a check in the amount of $540.00 was received on March 14, 1994 for a vest for Officer Brandon Young. On August 29, 1994, the City received two (2) more checks for vests for Officers Timothy Ross and Steven Wagner. A resolution accepting the donations and expressing gratitude to the Circle - Lex VFW Post #6583 for the donations has been prepared for consideration by the City Council. PAGE 13 1 1 1 COUNCIL MEETING SEPTEMBER 12, 1994 To date, the Circle -Lex VFW Post #6583 has donated funding for four (4) vests and the Ladies Auxiliary has donated funding for four (4) vests. Council Member Elliott moved to adopt Resolution No. 94 - 70 expressing gratitude to the Circle -Lex VFW Post #6583 and expressed her own thank you. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 70 can be found at the end of the minutes. Chief Pecchia thanked the VFW and the Ladies Auxiliary on behalf of the Lino Lakes Police Department and all of its employees for their continued support. Consideration of Request for Block Party for Woodridge Lane - Mrs. Anderson explained that the request for the block party was received after the agenda was prepared. Since the block party is planned for September 24, 1994, she asked if the City Council would consider the request at this time. The block party is planned for the west end of Woodridge Lane. Since this is a dead end street, there will be no through traffic. The petition for the block party contains the signatures of all residents except one. The purpose of the block party is to install some playground equipment in the Woodridge Estates Park, to form a neighborhood crime watch organization and to have fun. Parks Director, Marty Asleson and representatives of the firm providing the equipment will also help install the playground equipment. Council Member Bergeson moved to approve the block party request. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 8:00 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at the regular Council meeting held on September 26, 1994. —12`)Ct--( Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 14 1 1 1 1 Council Member Elliott moved its adoption: introduced the following ordinance and CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO: 13 — 94 AN ORDINANCE ADOPTING NEW PROVISIONS OF THE CITY CODE BY ADDING SECTION 208.10 COMMUNITY SERVICE OFFICER AND 208.11 POLICE RESERVES The City Council of the City of Lino Lakes ordains: I. Section 208 Police Department is hereby amended by adding two (2) sections as follows: 208.10 Community Service Officer. A person holding the position of community service officer in the Lino • Lakes Police Department may, under the direction of the Chief of Police, issue citations in lieu of arrest for violations of Ordinances No. 502, #503, #506, #607, #802, #901, #1006.. II. Save as above amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 12th day of September, 1994. ATTEST: Vernon F. Reinert, Mayor Marilyn Cl. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken 1 ORDINANCE NO. 13 - 94 Page -2 thereon, the following voted in favor: Bergeson, Elliott, Neal. The following voted against same: None, Council Member Kuether and Mayor Reinert were absent. Whereupon said ordinance was declared duly passed and adopted. 1 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 57 RESOLUTION REJECTING BIDS FOR THE HODGSON WATERMAIN IMPROVEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the improvement of the Hodgson Watermain Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME AMOUNT OF BID Eagle Pipeline Contractors $217,891.50 Northdale Construction $241,100.85 Lumbar Mechanical, Inc. $287,816.25 Ro-So Contracting $331,853.00 WHEREAS, Chapter 8, Section 8.03 of the Lino Lakes City Charter requires that when bids are more thap .100 over the City Engineer's estimate, all bids are to be rejected and can be rebid one more time, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. All above stated bids are rejected. 2. The City Engineer is directed to re -advertise for bids. Adopted by the Lino Lakes City Council this 12th day of September, 1994. Vernon F. Reinert, Mayor Mari Gn .Anderson , Clerk -Treasurer �Y 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. 1 1 3 RESOLUTION NO. 94 - 57 Page -2- The following voted against same: None, Council Member Kuether and Mayor Reinert were absent. 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. 94 - 69 A RESOLUTION TERMINATING THE SERVICE ROAD IMPROVEMENT PROJECT ON THE NORTH SIDE OF LAKE DRIVE, EAST SIDE OF SECOND AVENUE WHEREAS, pursuant to a resolution of the City Council adopted on March 14, 1994, a report has been prepared by SEH, Toltz, King, Duvall and Associates with reference to the improvement, and this report was received by the City Council on April 11, 1994; and WHEREAS, 51% of the affected property owners do not support the improvement project as required by Chapter 8 of the Lino Lakes City Charter, and WHEREAS, the proposed funding of a portion of the improvement by the Minnesota Department of Transportation has been eliminated from the Lake Drive (CSAH 23)/Highway 49 Improvement project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: The City Council hereby determines not to undertake the improvement proposed in the Council resolution adopted on March 14, 1994. Adopted by the Lino Lakes City Council this 12th day of September, 1994. Vernon F. Reinert,? Mayor /57 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, Neal. The following voted against same: None, Council Member Kuether and Mayor Reinert were absent. 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. 94 — 70 RESOLUTION ACCEPTING DONATION ON AUGUST 29, 1994 FROM THE CIRCLE— LEX VFW POST #6583 FOR TWO (2) BALLISTICS VESTS AND A DONATION ON MARCH 14, 1994 FOR ANOTHER BALLISTICS VEST WHEREAS, bullet proof vests (ballistics vests) have become a standard piece of police equipment due to the ever increasing violence in our society, WHEREAS, funding for bullet proof vests are considered a piece of clothing and thereby not included as a Police Department budget item, WHEREAS, the Circle -Lex VFW Post #6583 has made a donation on March 14, 1994 in the amount of $540.00 to the City of Lino Lakes for the cost of one (1) ballistics vest, and WHEREAS, the Circle -Lex VFW Post #6583 has made a donation on August 29, 1994 in the amount of $1,109.25 to the City of Lino Lakes for the cost of two (2) ballistics vests, and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue -Contributions $1,649.25 Increase Expenditures -Police Professional Services $1,649.25 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby accepts the donation of $1,109.25 for the cost of two (2) ballistics vests for Officer Timothy Ross and Officer Steven Wagner and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for its donation. BE IT FURTHER RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $540.00 for the cost of a ballistics vest for Officer Brandon Young and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 12th day of September, 1994. Vernon F. Reinert, Mayor /� 7 C2/t/tiy�; Marilyn . Anderson, Clerk -Treasurer 1 171 RESOLUTION NO. 94 - 70 Page -2- 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. The following voted against same: None, Council Member Kuether and Mayor Reinert were absent. Whereupon said resolution was declared duly passed and adopted. i2 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, September 12, 1994, commencing at 6:30 o'clock P.M. The following members of the Council were present: Bergeson, Elliot and Neal and the following were absent: Kuether and Mayor Reinert * * * The following written resolution was presented by Member Bergeson who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 94-71 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,095,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act) : DJK75688 LN140-31 1 1 Project Designation & Description: Trunk Highway 49/CSAH 23 Improvements Less: MNDOT Share Net Costs Country Lakes Estates Phase I Hodgson Road Trunk Watermain Net Direct Project Costs Plus Issuance Costs Discount Less: Investment Earnings Total Bond Issue 123 Total Project Cost $1,988,400 771,900 $1,216,500 636,750 200,200 $2,053,450 25,900 16,760 1.110 $2,095,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $2,095,000 General Obligation Temporary Improvement Bonds, Series 1994A (Bonds) pursuant to the Act to provide temporary financing for the Improvements. 2. To provide temporary financing for the Improvements, the City will therefore issue and sell Bonds in the amount of $2,078,240. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $16,760. The excess of the purchase price of the Bonds over the sum of $2,078,240 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Proposal: DJK75688 LN140-31 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,095,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A Proposals for the Bonds will be received on Tuesday, October 11, 1994, until 2:00 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated November 1, 1994, as the date of original issue, and will bear interest payable on May 1 and November 1 of each year, commencing November 1, 1995. Interest will' be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature November 1, 1997. OPTIONAL REDEMPTION The City may elect on November 1, 1996, and on any day thereafter to prepay Bonds due on November 1, 1997. Redemption may be in whole or in part and if in part by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to temporarily finance the construction of public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,078,240 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $20,950, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the -i- Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. A single rate of interest shall be specified. The rate shall be in an integral multiple of 5/100 or 1/8 of 1%. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any Toss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 80 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 12, 1994 BY ORDER OF THE CITY COUNCIL /s/ Marilyn Anderson Clerk 1 1 I2, 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Tuesday, October 11, 1994, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds . The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elliott , and upon vote being taken thereon the following members voted in favor of the motion: Bergeson, Elliot and Neal and the following voted against: None whereupon the resolution was declared duly passed and adopted. DJK75688 LN140-31 { 1 2 r� STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the City of Lino Lakes, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, September 12, 1994, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $2,095,000 General Obligation Temporary Improvement Bonds, Series 1994A of the City. WITNESS My hand as City Clerk -Treasurer and the corporate seal of the City this /& day of September , 1994. (SEAL) DJK75688 LN140-31 ----,677 - (c-/- ,( Ct l.)✓ City Cler Treasurer City of Lino Lakes, Minnesota 1 Council member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER NO. 94 - 72 RESOLUTION ADOPTING THE PROPOSED 1995 ANNUAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out proposed revenues and expenditures for the upcoming fiscal year, NOW THEREFORE, BE IT RESOLVED: That the following General Fund operating budget be adopted on a preliminary basis for 1995: 1995 PROPOSED GENERAL FUND BUDGET REVENUES: Levy - $1,918,781.00 Intergovernmental Revenue 711,796.00 Business Licenses and Permits 20,320.00 Non Business Licenses and Permits 302,450.00 Charges for Services 30,300.00 Public Safety 100,150.00 Municipal Fines 80,000.00 Investments 50,000.00 Miscellaneous 67,000.00 Non -Revenue Receipts 293,860.00 TOTAL PROPOSED GENERAL FUND REVENUES $3,574,657.00 EXPENDITURES: Mayor and Council 62,696.00 Elections 5,988.00 Administration 253,711.00 Cable TV 1,410.00 Finance 182,536.00 Legal Consultants 110,000.00 Economic Development 111,942.00 Engineering/Planning 270,187.00 Page 1 1 Resolution continued. Expenditures continued: Planning and Zoning Board Government Buildings Charter Commission Police Fire Building Inspections Streets Solid Waste Abatement Fleet Management Parks Recreation Park Board Forestry Others TOTAL PROPOSED GENERAL FUND EXPENDITURES 8,275.00 227,096.00 4,250.00 845,413.00 244,256.00 91,187.00 481,277.00 57,260.00 143,322.00 222,620.00 78,742.00 5,889.00 56, 600.00 110,000.00 $3,574,657.00 Adopted by the Lino Lakes City Council this 12th day of September 1994. Vernon F. Reinert -Mayor 721,;(: 7 C6/1, •}6/ Marilyn . 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, Neal. The following voted against same: None, Council Member Kuether and Mayor Reinert were absent. Where upon said resolution was declared duly passed and adopted: Page 2 1 Council member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 73 RESOLUTION CERTIFYING THE PROPOSED 1994 TAX LEVY, COLLECTABLE IN 1995. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1995, 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 1994 to be spread for taxes due and payable in the year 1995 (including HACA) is the total sum of $2,684,350.00. 2. The total amount above levied is for the following purposes: GENERAL OPERATING $ 2,353,705.00 General Bonded Debt Public Project Revenue Bonds Equipment Certificates of 1990A Equipment Certificates of 1992 Equipment Certificates of 1994 Total General Obligation Bonded Debt TOTAL LEVIES Page 1 105,735.00 20, 726.00 111, 626.00 92,558.00 330, 645.00 2,684,350.00 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 preliminary approval by the City Council and shall be authorized by separate action before September 15, 1994. 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 1995. Total Levy $ 2,684,350.00 Less Total HACA (434,924.00) Total Levy Tess HACA 2,249,426.00 Adopted by the Lino Lakes City Council this 12th day of September, 1994. Vernon F. Reinert,: Mayor 721, L_ 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, Neal. The following voted against same: None, Council Member Kuether and Mayor Reinert were absent. Where upon said resolution was declared duly passed and adopted: Page 2 1