Loading...
HomeMy WebLinkAbout10/11/1994 Council Minutes18t COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES OCTOBER 11, 1994 DATE TIME STARTED TIME ENDED MEMBERS PRESENT: MEMBERS ABSENT October 11, 1994 6:3° P .M 7.2 5 P.M.. Reinert:, Neal, Kuetber, Elliott' None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Consulting Engineer, Rocky Keehn; Planning Coordinator, Mary Kay Wyland; Assistant to the City Administrator, Dan Tesch and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Tesch asked that Item No. 7 be moved up on the agenda under Item No. 3. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM MINUTES: Regular City Council Meeting, September 26, 1994 REGULAR AGENDA OPEN MIKE ITEM Approved Valerie Rosengren, District Memorial Hospital (DMH) Update - Mrs. Rosengren explained that the District Memorial Hospital Board is in the process of achieving an affiliation with Fairview and Chisago Hospitals. The affiliation will be by lease or sale and at this time leasing DMH seems to be the best option. A sale of DMH may have provided for a rebate from Medicare of approximately PAGE 1 1 1 COUNCIL MEETING OCTOBER 11, 1994 $200,000.00 to $500,000.00. However, there is no guarantee of the rebate now or in the future. The City of Forest Lake has rezoned the hospital campus to Hospital only. This action means that there will be more items to negotiate with Fairview. A new $22,900,000.00 regional hospital facility is planned for the I35 corridor near the City of Wyoming. The actual site has not been selected. The 29 bed facility should be in operation by 1997. DMH will be open and operating until the new facility is operational. After that time the future of DMH is uncertain. Fairview will absorb DMH debts and assets including equipment and do everything, health related, that is currently being done at DMH and more. It will not be feasible to keep DMH open and operating once the new facility is completed. The draft contract has not been completed in the areas of employees and zoning. The ambulance issue is unsettled and Fairview does not have ambulance service. A regional board will be appointed with representatives from each of the six (6) districts with each district comprised of three (3) communities. There will also be two representatives from Fairview Hospital and a physician on the board. The regional board will make recommendations for a hospital site and future use of existing facilities. The board will be kept informed and provide input in preparation for developing a regionally focused operating board. If construction of the new facility is not started by 1997, the entire contract is void and DMH will be returned to the present board in the condition it was received. The DMH and Chisago employees may apply for positions in the new facility. Council Member Neal asked if the communities who now pay a hospital tax will be required to continue paying this tax. Mrs. Rosengren said no, this tax is used primarily for support of the ambulance service. Council Member Kuether asked why the City of Forest Lake rezoned the DMH property hospital only. Mrs. Rosengren said she did not know. Council Member Kuether asked if anyone at this City was notified of the rezoning process. Mayor Reinert said he did not know if they were required to notify this City. PAGE 2 131 COUNCIL MEETING OCTOBER 11, 1994 Mayor Reinert asked if the new board has been appointed. Mrs. Rosengren explained that it will be appointed after the draft of the lease is completed, maybe by November 1, 1994. Liz Racutt, 998 Lois Lane - Ms. Racutt was at City Hall about two (2) weeks ago asking for an interpretation of the Firearms Ordinance. She explained that the Police Department is interpreting the ordinance in a different manner than was interpreted by City Hall. Ms. Racutt asked the City Council why hunting is prohibited in only a portion of Lino Lakes. She noted that there is a lot of hunting in her back yard and there is not much control. Enforcement of the Firearms Ordinance requires that the hunters must be caught while hunting. That is not practical. Ms. Racutt noted that the present ordinance appears to have been written and amended in 1984 and she suggested that it is time to review the ordinance. Mayor Reinert noted that the matter is being reviewed by the City Council. Ms. Racutt said she was satisfied with the interpretation by City Hall but now she is not because the Police Department is not enforcing the ordinance as was explained by City Hall. Mayor Reinert explained that another citizen was before the City Council at the last work session regarding the same matter. Chief Pecchia is reviewing the ordinance and will be drafting proposed changes. Mayor Reinert also explained that Vision 20/20 will be addressing all matters of concern or interest to the citizens. Hunting should be a matter of interest to all citizens and should be addressed by a citizens committee. Ms. Racutt asked if the City Council will be specifically addressing hunting ordinance changes. Mayor Reinert said that could be the outcome of the committee. Ms. Racutt asked what will be done about the hunting problem in the interim. Mayor Reinert said that the current ordinance will be interpreted and enforced by the Police Department. Ms. Racutt said that the Police Department is telling her that people who own the land are allowed to hunt within 500 feet of their own buildings. However, that is not the interpretation she was given. She asked who is responsible for the hunters who are now hunting. They are not residents in her block and not members of the families who are giving them permission to hunt. Ms. Racutt has removed deer stands that were erected on her property and has been accused of stealing them. Mayor Reinert said the matter is being addressed at this time. Mayor Reinert asked Mr. Tesch to invite Chief Pecchia to attend the next work session to address this matter. He noted that if an ordinance change is required, the City Council will address PAGE 3 1 1 1 1 COUNCIL MEETING OCTOBER 11, 1994 the proposed change in relationship to the entire City not just one neighborhood. Ms. Racutt was invited to the next work session. CONSIDERATION OF DISBURSEMENTS September 30, 1994 - Council Member Elliott moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. October 11, 1994 - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF THE SALE OF $2,095,000.00 GENERAL OBLIGATION BONDS, RESOLUTION NO. 94 - 89 Mr. Shannon, Springsted, Inc. explained that bids were received for the sale of $2,095,000.00 general bonds issue at 2:00 P.M. this afternoon. Five (5) bids were received. Proceeds from this bond issue will be used to finance the City's 1994 improvement projects. A bid tab summary was presented to the City Council. The best bid was submitted by a syndicate headed by FBS Investment Services, Inc., Norwest Investment Services, Inc., and Piper Jaffray, Inc. The total interest cost is 5.1511 percent. The bond markets have deteriorated and this percentage is higher than was quoted about a month ago. Mr. Shannon explained that prior to offering the bonds for sale, an application was made to Moody's Investment Service for rating of the issue. Moody's has reconfirmed the City's BAA rating. This is a quality investment rating. Moody's also made several good comments about the City's financial position. Mr. Shannon outlined Resolution No. 94 - 89 and recommended that the City Council adopt it and award the sale of the bonds to FBS Investment Services, Inc. Mayor Reinert thanked Mr. Shannon for his presentation and the good report regarding the City's financial position. Council Member Kuether moved to adopt Resolution No. 94 - 89 Awarding the sale of $2,095,000.00 general obligation bonds. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 4 183 COUNCIL MEETING OCTOBER 11, 1994 CONSIDERATION OF A CONTRACT FOR ANIMAL CONTROL SERVICES, COMMUNITY SERVICE OFFICER (CSO) JEANNIE KENOW CSO Kenow asked the City Council to consider contracting the animal care services with Otter Lake Animal Care Center and not the Greater Anoka County Humane Society (GACHS). The contract with the GACHS expired on July 31, 1994. CSO Kenow explained that she has been looking for alternative services because the GACHS has not been fulfilling their contractual obligations such as picking up animals when requested during business hours. The Otter Lake Animal Care Center facility is a business located in Lino Lakes with boarding facilities and veterinarian services. The contract costs would be less than the GACHS and would allow both the Police Officers and the CSO to remain in the City rather than transport animals to a facility which is a substantial distance from the City. CSO Kenow recommended that the City Council approve the Otter Lake Animal Care Center contract because it would allow Police Department staff to stay within jurisdiction of patrol and request animals to be picked up during their normal business hours, competitive pricing, less gas and mileage on police vehicles and the availability of a professional staff at the animal care facility. Council Member Bergeson asked whether a 30 day notice would be given to the GACHS. Mr. Hawkins explained that notification should be given to avoid any dispute. CSO Kenow will deliver the termination notice tomorrow. Council Member Kuether moved to approve the contract with Otter Lake Animal Care Center subject to a 30 termination notice being delivered to the GACHS and review of the old contract to determine if the new service can be started at the earliest possible date. Council Member Elliott seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Final Plat, Wenzel Farms, Fifth Addition - The Wenzel Farms, Fifth Addition consists of 40 townhome lots, open space, private streets with dedicated trails over the street, and park land/trail at both the southern and northern boundary of the plat. The preliminary plat was approved by the City Council in 1990. The Fifth Addition represents the final phase of the development. A Development Agreement is in place along with the required PAGE 5 1 1 1 COUNCIL MEETING OCTOBER 11, 1994 financial guarantees. The title work has been approved by the City Attorney. Staff is recommending that the final plat be approved with the condition that a nonexclusive trail easement for pedestrian and bicycle purposes be granted over Outlot A of Wenzel Farms, Fifth Addition and recorded on the final plat. A similar easement arrangement was approved when Wenzel Farms, Fourth Addition was final platted to allow pedestrian and bicycle traffic on the private roadway which connects the City trail segments on the southern and northern boarders of this plat. Council Member Kuether asked who is responsible for the maintenance of the trails over the private streets. Mr. Hawkins explained that since the trail easement is within the street and the streets are private, the association must maintain the trails which are also the streets. Council Member Elliott moved to approve the final plat of Wenzel Farms, Fifth Addition with the condition that a nonexclusive trail easement for pedestrian and bicycle purposes be granted over Outlot A, Wenzel Farms, Fifth Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 94 - 87 Approving Plans and Specifications and Ordering Advertisement for Bids, Ware Road (Al Ross) - The City Council authorized preparation of construction documents for the extension of sanitary sewer and watermain on the east side of Ware Road, just north of Hawthorn Road. The construction documents have been completed and the estimated construction cost indicates that a 10 day advertisement period is required. It is intended to complete the proposed utility improvements yet this fall. A copy of the advertisement for bids has been forwarded to the legal newspapers contingent upon the City Council's approval of Resolution No. 94 - 87. Council Member Elliott moved to adopt Resolution No. 94 - 87 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 94 - 87 can be found at the end of these minutes. Consideration of Resolution No. 94 - 88 Ordering Improvement, the Preparation of Plans and Specifications and the Solicitation of Bids for Lakeview Place/LaMotte Drive Ditch Cleaning - Mr. Rocky Keehn explained that due to slope failures and natural and man - created deposits in the ditches located in the backyards of residents along LaMotte Circle, the drainage system no longer operates properly. The inability of this system to drain from the City of Centerville caused flooding last winter. This PAGE 6 18 1 136 COUNCIL MEETING OCTOBER 11, 1994 project will clean and revegetate the east/west section of the ditch. To remedy the slope failures on the north/south ditch, storm sewer will be installed. In order to complete the project this fall, the City Council will need to accept the lowest quotation at the October 24, 1994 City Council meeting. Mr. Keehn noted that this is a two (2) or three (3) day project and he did expect that it would be completed this fall. The Surface Water Management Fund will provide the funding for the project and there will be no assessment of property owners. Mr. Keehn explained that he met with Kate Dury of the Rice Creek Watershed District on the site. They were unable to determine if the problem in this area was created by conditions outside of the City of Lino Lakes. The area will be monitored and RCWD will be able to determine if future problems are caused in the City of Centerville. Council Member Elliott moved to adopt Resolution No. 94 - 88 Ordering Improvement, the Preparation of Plans and Specifications and the Solicitation of Bids from at Least Three (3) Contractors for the Lakeview Place/LaMotte Drive Ditch Cleaning. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 88 can be found at the end of these minutes. Mr. Al Ross thanked the City Council for the attention to his request for utility service. PUBLIC HEARING, PROPOSED CERTIFICATION OF DELINQUENT SEWER AND WATER UTILITY BILLS, RESOLUTION NO. 94 - 86, MARILYN ANDERSON Mayor Reinert opened the public hearing at 7:10 P.M. Each year the Lino Lakes Utility Department experiences difficulty in collecting some overdue sewer and water bills. The unpaid bills left behind when a homeowner moves from the residence are turned over to a collection agency. The has been successful in collecting most of these bills. The City Code allows the City to assess unpaid sewer and water bills. Resolution No. 94 - 86 lists all of the delinquent bills for homeowners still living at their residence. All homeowners on this list have been notified by mail that they will be assessed if they have not paid their delinquent bills by October 14, 1994. They have also been notified that they can appear this evening to discuss the matter with the City Council. Payments will continued to be received through October 14, 1994. Homeowners paying their delinquent bills by that date will be PAGE 7 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 11, 1994 removed from the certification list before it is sent to the County Auditor. Mrs. Anderson recommended that comments be received from the public and then the public hearing closed. She also recommended that the City Council adopt Resolution No. 94 - 86. No one from the audience spoke on this matter. Council Member Bergeson moved to close the public hearing at 7:13 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to adopt Resolution No. 94 - 86. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 86 can be found at the end of these minutes. CONSIDERATION OF HIRING CAROL AKERVIK AS RECEPTIONIST, DAN TESCH Mr. Tesch explained that the City has gone through an extensive review process in recommending Ms. Carol Akervik for the position of receptionist. More than 100 applications were received for the position and three (3) interview sessions with the top 15 candidates were held. An extensive background and reference check was make on these candidates. This position was opened due to the promotion of the current receptionist to Engineering and Administration Secretary, a position established in the 1994 Budget. The current receptionist will also be a backup for the new receptionist. Council Member Elliott moved to hire Ms. Carol Akervik as receptionist. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF ACCEPTING THE RESIGNATION OF DON VOLK, DAN TESCH Mr. Tesch explained that Mr. Volk has submitted his letter of resignation. He said it is with deep regret that he recommends acceptance of the resignation. Mr. Volk has been an employee of the City for more than 21 years. Mr. Tesch stated that Mr. Volk has an opportunity in the City of Lakeville and wished him the best of luck. Mayor Reinert said that he has known Mr. Volk all the years he has lived in the City. He felt the Mr. Volk has served the community well and is well respected by the community. He will be missed by the community, the staff and Council who have worked PAGE 8 1 COUNCIL MEETING OCTOBER 11, 1994 with him. Mayor Reinert said that the City of Lakeville is certainly the gainer in this case. He stated that because Mr. Volk has an opportunity to move on professionally and better himself, there is not much that this City can do but to wish him well. Council Member Elliott moved to accept Mr. Volk's resignation. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of a Request for a Non -Intoxicating 3.2 Beer License for the Twin Cities Store, Inc., 7509 Lake Drive, Marilyn Anderson - Mrs. Anderson explained that Twin Cities Stores, Inc. have purchased the Fina station at 7509 Lake Drive. They are requesting that a non -intoxicating 3.2 beer license be issued to them. The proper fee for the license and the investigation fee have been received as well as a certificate of insurance. An investigation was conducted by the Police Department and the investigation is positive. The applicant has complied with all provisions of the City Code. Mrs. Anderson recommended that the City Council approve the license. Council Member Kuether moved to approve the non -intoxicating 3.2 beer license. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Forest Lake Area Youth Service Bureau Letter, Dan Tesch - Mr. Tesch explained that a letter had been received from the Forest Lake Area Youth Service Bureau (YSB) requesting that two (2) Council members meet with the YSB to develop a plan for service. Council Member Kuether said she felt that if Council members meet with the YSB, then the Council should meet with Alexandra House and all other service agencies who request support from the City. After further discussion, Mr. Tesch was directed to write to the YSB and explain that the City Council has chosen to support Lino Lakes projects rather than agencies not located in this City and they should continue to request funding during the normal CDBG application period. Review of Blue Yonder Balloon Contract, Dan Tesch - Mr. Tesch explained that Economic Development staff member Mary LaForest has agreed to contract with the City to carry the Lino Lakes Development logo on her hot air balloon at a cost of $1,200.00 PAGE 9 1 COUNCIL MEETING OCTOBER 11, 1994 per contract year. The balloon will be used as part of the promotional campaign to increase awareness of Lino Lakes and its special characteristics. The banner will remain on the balloon for all her regular flights, with a guaranteed minimum of 20 flights per year. It will also be featured on the cover of the Clearwater Creek Development Center brochure, and a poster will be developed for promotional use. Mayor Reinert noted that the City Council did approve the contract at the last City Council meeting and this review is intended to make the costs and conditions of the contract clear to the public. REMINDER, October 13, 1994, 5:00 Budget Meeting Council Member Elliott moved to adjourn at 7:25 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on October 24, 1994. r•lynjG. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 10 i ` k 19 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 - 86 A RESOLUTION AUTHORIZING THE CITY CLERK -TREASURER TO CERTIFY DELINQUENT WATER AND SEWER UTILITY BILLS FOR COLLECTION WITH THE 1994 PROPERTY TAXES, COLLECTABLE IN 1995 WHEREAS, pursuant to the City Code Chapter 400, Section 401.29 and Chapter 402, Section 402.14, Subd. 5, the Clerk -Treasurer has prepared a list of residents who have delinquent sewer or water and sewer bills to be certified to the Anoka County Auditor for collection with the 1994 property tax statements, collectable in 1995, and WHEREAS, notice of impending action was prepared on September 27, 1994 to be delivered to the residents, NOW, THEREFORE BE IT RESOLVED BY THE LINO LAKES CITY COUNCIL: that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy the following sums of money collectable in the year 1995 upon the following property in said City of Lino Lakes: NAME & ADDRESS PIN. AMOUNT Phillip J. & Beverly A. Owen 29-31-22-34-0075 $244.41 519 Arrowhead Drive Lino Lakes, Mn. 55014 Cye R. Powell & Sandra Moats 29-31-22-34-0069 $244.41 540 Arrowhead Drive Lino Lakes, Mn. 55014 James L. & Mary Jo Titsworth 29-31-22-44-0074 $549.26 759 Beaver Circle Lino Lakes, Mn. 55014 Daniel J. & Virginia S. Emslander 29-31-22-44-0003 717 Beaver Trail Lino Lakes, Mn. 55014 $429.69 Royal Oaks Realty 28-31-22-24-0003 $479.36 4196 Lexington Avenue Shoreview, Mn. 55126 RE: 985 Birch Street Robert M. & T. S. Matykiewicz 28-31-22-13-0002 $s15.83 PAGE 1 1 1 1 6674 Black Duck Drive Lino Lakes, Mn. 55014 M. Curtis & Connie O. Maw 30-31-22-24-0068 6668 Blue Heron Drive Lino Lakes, Mn. 55014 Richard J. & Kathleen Sereno 29-31-22-34-0031 589 Chippewa Trail Lino Lakes, Mn. 55014 Eugene Eddleston 27-31-22-32-0014 1233 Chokecherry Road Lino Lakes, Mn. 55038 Jerry A. & Nancy L. Oberg 32-31-22-11-0023 6355 Deerwood Lane Lino Lakes, Mn. 55014 Ronald L. & C. J. Grossklaus 28-31-22-12-0003 6786 East Shadow Lake Drive Lino Lakes, Mn. 55014 Joseph R. & Denise Y. Laber, Jr. 30-31-22-24-0034 150 Egret Lane Lino Lakes, Mn. 55014 Robert A. & Desiree M. Schneider 29-31-22-44-0031 6427 Fawn Lane Lino Lakes, Mn. 55014 Gregory T. & Lora L. Huston 19-31-22-24-0095 123 Gladstone Lino Lakes, Mn. 55014 Lawrence D. & Kristina Murphy 19-31-22-21-0068 7143 Grey Squirrel Road Lino Lakes, Mn. 55014 Jay C. & Cheryl A. Johnstone 29-31-22-32-0022 6525 Hokah Drive Lino Lakes, Mn. 55014 David L. & Mary L. Oliver 29-21-22-32-0034 6558 Hokah Drive Lino Lakes, Mn. 55014 Randy K. & Debbie J. Luckow 29-31-22-23-0014 6622 Hokah Drive Lino Lakes, Mn. 55014 Joel R. & Michele Richardson 22-31-22-41-0043 PAGE 2 $574.74 $146.75 $210.40 $557.53 $480.56 $263.60 $238.65 $255 74 $547.28 $244.41 $244.41 $244.41 $244.41 191 19 1550 LaMotte Circle Lino Lakes, Mn. 55038 William D. & Suzanne R. Brown 6900 LaMotte Drive Lino Lakes, Mn. 55038 David F. & Sandra L. Phillips 1001 Lantern Lane Lino Lakes, Mn. 55014 Bruce W. & Cynthia J. Becker 1040 Lantern Lane Lino Lakes, Mn. 55014 Kevin J. Storm & Joyce Bertossi 7144 Mourning Dove Road Lino Lakes, Mn. 55014 Ronald T. & Diane F. Becker 51 North Road Lino Lakes, Mn. 55014 John D. & Lori A. Fredricksen 6673 Pelican Place Lino Lakes, Mn. 55014 Keith D. & Carole E. Bunnell 6582 Pheasant Run South Lino Lakes, Mn. 55014 Christopher T. & Brenda Lanahan 7078 Second Avenue Lino Lakes, Mn. 55014 Raymond V. & Anna M. Cruz 177 Smoketree Lane Lino Lakes, Mn. 55014 Joel A. & Anne P. Voelker 7273 Stagecoach Trail Lino Lakes, Mn. 55014 Richard Koeppl (Renter) 6841 Sunrise Drive Lino Lakes, Mn. 55014 Joe T. Walbon (Owner) 10730 Opal Street N. E. Blaine, Mn. 55014 Todd S. & Kelly M. Vodden 7052 Sunrise Drive 22-31-22-41-0021 28-31-22-24-0025 28-31-22-13-0054 19-31-22-21-0018 19-31-22-33-0012 30-31-22-13-0015 28-31-22-42-0075 19-31-22-13-0042 19-31-22-21-0076 17-31-22-34-0007 19-31-22-33-0036 244.41 $716.57 $421.14 $616.46 $507.79 $,391.18 $711.59 $538.25 $831.99 $745.22 $278.39 19-31-22-24-0127 $211.76 PAGE 3 1 1 1 1 1 1 Lino Lakes, Mn. 55014 Todd J. & Michelle Villafverte 7196 Sunrise Drive Lino Lakes, Mn. 55014 Debra K. Simons 6816 Sunset Road Lino Lakes, Mn. 55014 Roger C. & Michelle Nalezny 1025 Tamarack Lane Lino Lakes, Mn. 55014 Douglas J. & Debra L. Nalezny 1064 Tamarack Lane Lino Lakes, Mn. 55014 19-31-22-21-0042 19-31-22-33-0009 28-31-22-42-0016 28-31-22-42-0030 $513.60 $270.56 $162.83 $495.64 HUD 220 South Second Street Minneapolis, Mn. 55401 Mary L. Gray 29-31-22-33-0013 $244.41 6414 Totem Trail Lino Lakes, Mn. 55014 Raymond T. & L. L. Gross, Jr. 29-31-22-33-0012 $225.54 6422 Totem Trail Lino Lakes, Mn. 55014 Mark V. & Florence M. Ahola 19-31-22-24-0065 $60.76 157 Ulmer Drive Lino Lakes, Mn. 55014 Jeremiah D. & Hannelore Dame 29-31-22-33-0053 $244.41 6498 Ware Road Lino Lakes, Mn. 55014 Gene C. & Dawn M. Pagel 29-31-22-43-0021 $;395.72 6456 West Shadow Lake Drive Lino Lakes, Mn. 55014 Allen R. & Sharon F. Kuehnl 19-31-22-11-0058 $674.24 7147 Whippoorwill Lane Lino Lakes, Mn. 55014 Priscella A. Gunderson 27-31-22-32-0006 $655.32 6556 White Oak Road Lino Lakes, Mn. 55038 Susan M. Larson 31-31-22-31-0023 $229.]O 133 Woodridge Lane Lino Lakes, Mn. 55014 PAGE 4 1 194 Passed by the Lino Lakes City Council this llth day of October, 1994. L� � Vernon F. Reinert, Mayor Marilyn Anderson, 1e re rk Tasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal 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. PAGE 5 195 CERTIFICATION OF RESOLUTION NO. 94 - 86 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, do hereby certify that I have carefully compared the attached and foregoing copy of Resolution No. 04 - 86 with the original thereof on file in my office, and the same is a full, true and complete copy insofar as the same relates to: AUTHORIZING THE CITY CLERK -TREASURER TO CERTIFY DELINQUENT WATER AND SEWER BILLS FOR COLLECTION WITH THE 1994 PROPERTY TAXES, COLLECTABLE IN 1995 Witness my hand as said Clerk -Treasurer and the Corporate Seal of the City this 14th day of October, 1994. Marilyn G. Anderson, Clerk -Treasurer (SEAL) ,CCuncil Member Elliott introduced the following resolution and moved its adoption: 7 CITY OF LINO LAKES RESOLUTION NO. 94-87 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WARE ROAD UTILITY IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on September 26, 1994, the City Engineer has prepared plans and specifications for the Ware Road Utility Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received the the City Clerk until 10:00 A.M. on Monday, October 24, 1994 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, October 24, 1994 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 11th day of October, 1994. � Cizirt Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor 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 declared duly passed and adopted. 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 88 RESOLUTION ORDERING THE IMPROVEMENT, PREPARATION OF PLANS AND SPECIFICATIONS AND THE SOLICITATION OF BIDS FOR LAKEVIEW PLACE/LAMOTTE DRIVE DITCH CLEANING WHEREAS, WHEREAS, WHEREAS, the City Council has resolved to proceed with the cleaning, revegetation and installation of storm sewer in a portion of the ditch that is located on the west side of the St. Paul Water Works aqueduct and south of LaMotte Circle and has directed that plans and specifications be prepared therefor, and it is desirable that the project be completed this fall to prevent winter flooding in this area, and the total cost of the improvement will be less than $25,000.00, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed as outlined by Rocky Keehn, SEH_ at the City Council work session of Wednesday, October 5, 1994. 2. Rocky Keehn, SEH is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement and solicit quotations from a minimum of three (3) contractors for the ditch cleaning and pipe installation. by the Lino Lakes City Council this llth day of October, Adopted 1994. / Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following against same: none. Whereupon said resolution was declared duly passed and adopted. 197 19s After due consideration of the proposals, Member Kuether then introduced the following written resolution and moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 94-89 A RESOLUTION AWARDING THE SALE OF $2,095,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The proposal of FBS Investment Services, Inc. (Purchaser) to purchase $2,095,000 General Obligation Temporary Improvement Bonds, Series 1994A (Bonds) of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ 2, 079, 287.50 plus accrued interest to date of delivery, for Bonds bearing interest at the rate of 4.90 % per annum. True Interest Rate: 5.1511 . 1.02. The sum of $ 1,047.50 being the amount proposed by the Purchaser in excess of $2,078,240 will be credited to the Debt Service Fund hereinafter created. The City Clerk -Treasurer is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Clerk - Treasurer are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $2,095,000, originally dated November 1, 1994, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing on November 1, 1997. 1.04. 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. Section 2. Registration and Payment. DJR76288 LN140-31 1 1 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described in Section 2.02. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on May 1 and November 1 of each year, commencing November 1, 1995, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint and maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar) . The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: DJR76288 LN140-31 (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory_ to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer 199 2u!i is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners . The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Norwest Bank Minnesota, N.A. , Minneapolis , Minnesota, as the initial Registrar. The Mayor and the City Clerk -Treasurer are authorized to execute and DJR76288 LN140-31 1 1 1 1 1 1 deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Clerk -Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Clerk -Treasurer and executed on behalf of the City by the signatures of the Mayor and the City Clerk -Treasurer, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Clerk -Treasurer shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: DJR76288 LN140-31 [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND, SERIES 1994A Date of Rate Maturity Original Issue CUSIP November 1, 1994 No. $ The City of Lino Lakes, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City) , acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable May 1 and November 1 in each year, commencing November 1, 1995, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. 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. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265 (b) (3 ) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue . DJK76288 LN160-31 1 1 1 1 1 Additional provisions of this Bond are contained on the reverse hereof and those provisions have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Clerk -Treasurer and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF LINO LAKES, MINNESOTA (Facsimile) (Facsimile) City Clerk -Treasurer Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $2,095,000 all of like original issue date and tenor, except_ as to number and denomination, issued pursuant to a resolution adopted by the City Council on October 11, 1994 (the Resolution), for the purpose of providing money to temporarily defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to issue and sell definitive or additional temporary bonds to redeem the Bonds and to levy taxes on all of the taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange DJK76288 LN160-31 2'4 for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness . (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion. ) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Lino Lakes, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk -Treasurer The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: DJK76288 LN140-31 1 TEN COM -- as tenants in common TEN ENT - JT TEN -- UNIF GIFT MIN ACT Custodian (Cust) (Minor) - as tenants under Uniform Gifts or by entireties Transfers to Minors as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature (s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. DJR76288 LN140-31 Name and Address: (Include information for all joint owners if this Bond is held by joint account.) 2! 6 Please insert social security or other identifying number of assignee 3.02. The City Clerk -Treasurer is directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk -Treasurer in substantially the form set forth in the form of Bond. The City Clerk -Treasurer is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Payment; Security; Pledges and Covenants. 4.01. The Bonds are payable from the General Obligation Temporary Improvement Bonds, Series 1994A Debt Service Fund (Debt Service Fund) hereby created, and special assessments (Assessments) levied or to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Clerk -Treasurer is authorized and directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Assessments for the Improvements when collected. There is appropriated to the Debt Service Fund all_(i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser and (iii) accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is determined that the Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1995 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. DJR76288 LN140-31 1 (b) In the event of a current or anticipated deficiency in the Assessments, the City Council will levy ad valorem taxes in the amount of the deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk -Treasurer is directed to file a certified copy of this resolution with the Property Records and Taxation Division Manager of Anoka County, and to obtain the certificate required by Minnesota Statutes, Section 475.63. 4.05. In accordance with its statutory duties under Minnesota Statutes, Section 429.091, Subdivision 5, the City covenants and agrees with the holders of the Bonds that if the Bonds cannot be paid at maturity from the proceeds of the Assessments or from other funds appropriated by the City Council, the Bonds will be paid from the proceeds of definitive or additional temporary bonds that will be issued and sold prior to the maturity date of the Bonds. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Clerk -Treasurer are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. DJK76288 LN140-31 Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1994) exceed the small -issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f) (4) (C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1994 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1994 have been designated for purposes of Section 265(b)(3) of the Code. DJK76288 LN140-31 1 1 1 1 6.05. The City will use its best efforts to comply with any federal procedural- requirements rocedural-requirements which may apply in order to effectuate the designations made by this section. The motion for the adoption of the foregoing resolution was duly seconded by Member Elliott , and upon vote being taken thereon, the following voted in favor thereof: Vernon Reinert, Linda Elliott, Sally Kuether, Wesley Neal, John Bergeson and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. DJK76288 LN140-31 tai 2 ; STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of the City held on October 11, 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 officially as such Clerk -Treasurer and the corporate seal of the City this f f day of October (SEAL) DJK76288 71f140-31 , 1994. City ClerTreasurer Lino Lakes, Minnesota 1 AWARD: SALE: SPRINGSTED PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul. MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 $2,095,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A 120 South Sixth Street Suite 2507 Minneapolis, MN 55402-1800 • (612) 333-9177 Fax: (612) 349-5230 16655 West Bluemound Road Suite 290 Brookfield, WI 53005-5935 (414) 782-8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 1800 K Street NW Suite 831 Washington, DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 FBS INVESTMENT SERVICES, INC. NORWEST INVESTMENT SERVICES, INC. PIPER JAFFRAY INC. October 11, 1994 Moody's Rating: Baa der Interest Rates FBS INVESTMENT SERVICES, INC. NORWEST INVESTMENT SERVICES, INC. PIPER JAFFRAY INC. CRONIN & COMPANY, INCORPORATED JOHN G. KINNARD & COMPANY INCORPORATED DOUGHERTY, DAWKINS, STRAND & BIGELOW, INCORPORATED DAIN BOSWORTH INCORPORATED MILLER & SCHROEDER FINANCIAL, INC. JURAN & MOODY, INCORPORATED GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. 4.90% November 1, 1997 Price $2,079,287.50 Net Interest Cost $323,677.50 True Interest Rate 5.1511% 5.00% November 1, 1997 $2,080,335.00 $328,915.00 5.2325% 5.05% November 1, 1997 5.10% November 1, 1997 5.30% November 1, 1997 $2,079,434.15 $2,078,240.00 $2,079,517.95 $332,958.35 5.2979% $337,295.00 5.3685% $348,587.05 5.5452% 1 These Bonds are being reoffered at par. BBI: 6.50% Average Maturity: 3 Years 2 ; 1 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof , a regular meeting of the City Council of the City of Lino Lakes, Minnesota, was duly held in the City Hall in said City on Tuesday, October 11, 1994, commencing at 6:30 o'clock P.M. The following members were present:vernon Reinert, Linda Elliott, Sally Kuether, Wesley Neal, John Bergeson and the following were absent: None * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $2,095,000 General Obligation Temporary Improvement Bonds, Series 1994A. The City Administrator presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal of the Bonds. The proposals were as follows: See Attached DJR76288 LR140-31