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HomeMy WebLinkAbout02/12/1996 Council MinutesCITY COUNCIL MEETING FEBRUARY 12, 1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : February 12, 1996 . 6:35 P.M. : 10:10 P.M. : Bergeson, Kuether Lyden, Neal, Landers : None Staff members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Community Development Coordinator, Mary LaForest; Planning Coordinator, Mary Kay Wyland; Consulting Engineers, John Powell and Steve Heth; Chief of Police, David Pecchia; Accountant Paula Schloer; Assistant to the City Administrator, Dan Tesch and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Tesch asked that Agenda Item No. 5A be removed from the agenda. He also asked that Agenda Item No. 8A be moved into the space vacated by 5A. The agenda was set as amended. OPEN MIKE John Theis and Michael Lamb, Northern States Power Company (NSP) - Mr. Theis and Mr. Lamb were invited to attend this Council meeting tonight to explain why there have been so many power outages during the past few months. Mr. Theis explained that he is the Community Service Director out of Maple Grove but is also serving out of White Bear Lake for a couple of months. He asked that anyone with specific questions regarding the service provided by NSP call him at the White Bear office, 493-1631. Mr. Theis introduced Mr. Lamb. Mr. Lamb explained he was here to discuss the recent power outages that have occurred in Lino Lakes. Since January, 1995, there have been 12 power outages on the main circuit the serves Lino Lakes. Seven (7) of the outages were attributed to the ice storm that was experience in mid January, 1996 including the outage that affected the Wednesday evening planning session. Mr. Lamb explained that NSP is addressing the problem in a number of ways primarily with tree trimming and infrared surveys which identifies when pieces of equipment are likely to fail. Three (3) outages were attributed to lightening and wind last summer and the other two (2) failures were random equipment failures. Mr. Lamb said he would be happy to PAGE 1 r i CITY COUNCIL MEETING FEBRUARY 12, 1996 answer any questions that the City Council or citizens may have regarding electric reliability. Police Chief Pecchia noted that the Police Department has received calls from residents asking who they should call in the event that their power is out. Mr. Lamb said that residents should call 282-1000. Council Member Neal asked if anyone ever answers at that number. He said the number rings and rings. Mr. Lamb explained that when there is a major outage, thousands of customers call this number and there is a problem getting to someone at NSP. Normally, calling that number should not be a problem and you should reach someone at NSP or the automatic answering machine. Based on the telephone number you are calling from the system automatically registers an outage at the residence where you are calling from. However, if you are not calling from the house with the outage, you will have to stay on the telephone line and follow the "prompts" given over the telephone. Council Member Kuether asked is there old power lines or old equipment in Lino Lakes? Mr. Lamb explained that the circuit that serves Lino Lakes is extremely long and has a lot of exposure to the environment. When an ice storm occurs, the longer circuit will experience more problems. NSP is addressing this problem by "beefing" up the construction and making sure the lines are clear of trees. Mr. Ahrens explained that the Police Department has had a lot of problems with the power fluctuating. This has caused a lot of computer problems. He asked what is causing this problem. Mr. Lamb said that this situation could be discussed at length. Whenever there is a lot of activity on the system, lights will flicker and the power will flicker. Lino Lakes could be affected by a "system event" in Minneapolis or as far away as Canada because all the systems are tied together. Mr. Lamb said that if the power is fluctuating during non -storm times, he should be notified and it will be investigated and a solution will be found. He explained that if the problem occurs, it is important to note the time and date of the problem. The problem will be fixed or at least an explanation for the problem will be determined. Mayor Landers thanked Mr. Lamb and Mr. Theis for coming this evening. Council Member Kuether asked Mr. Tesch to invite Meredith Cable to come before the City Council and explain why the cable TV has been down so many times. Mr. Tesch explained that many of their problems were caused by construction in the area. CONSIDERATION OF MINUTES January 22, 1996 - Council Member Kuether moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF DISBURSEMENTS PAGE 2 CITY COUNCIL MEETING FEBRUARY 12, 1996 January 31, 1996 - Council Member Kuether moved to approve these disbursements as presented. Council Member Lyden seconded the motion. Motion carried unanimously. February 12, 1996 Council Member Neal moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Resolution No. 96 - 23 Calling Public Hearing on the Modification of Plan for Tax Increment Financing District No. 1-4 - Mr. Wessel explained that earlier this evening the Economic Development Authority (EDA) authorized the preparation of modified Plans for Tax Increment Financing District (TIF) No. 1-4 to drop all parcels from the district with the exception of Emtech and Blue Heron, which are improved parcels. The purpose of the modification is to remove parcels that no longer have capacity for providing financial assistance to industrial businesses wishing to locate in the City. Industrial development is not likely on some of the parcels in 1-4 and they will no longer be within a TIF District. Certain parcels, such as the G.M. Development property in the Apollo Business Park, will be incorporated into TIF District 1-7 so that the City has capacity to provide assistance when these parcels develop. Once the City Council sets the public hearing date, the modified plans will be sent to School Districts 12 and 831, and Anoka County for review and comment. Mr. Wessel recommended that Resolution No. 96 - 23 be adopted setting a public hearing for March 25, 1996, 6:30 P.M. Council Member Lyden moved to adopt Resolution No. 96 - 23 as proposed. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 23 can be found at the end of these minutes. Resolution No. 96 - 24 Calling Public Hearing on the Modification of Plan for Tax Increment Financing District No. 1-7 - Mr. Wessel explained that the EDA has authorized the preparation of a modified plan for TIF District 1-7. This modified plan will add parcels to the district and provide financial assistance to two (2) industrial projects. The parcels that will be added include the G. M. Development site in the Apollo Business Park, and Glenn Rehbein's light industrial site on I -35W and Highway 49 interchange, the Hawkins Chemical site just north of the Apollo Business Park. The momentum is there for these sites to develop over the next couple of years. Once these sites are PAGE 3 r i CITY COUNCIL MEETING FEBRUARY 12, 1996 incorporated into TIF District 1-7, the City will have the capacity to offer financial assistance. Mr. Wessel recommended that the City Council adopt Resolution No. 96 - 24 calling for a public hearing on March 25, 1996, 6:45 P.M. Council Member Kuether moved to adopt Resolution No. 96 - 24. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 24 can be found at the end of these minutes. FIRST READING of Ordinance No. 01 - 96 Offering the Sale of Property in the Apollo Business Park to Progressive Engineering Technology, Inc. - Mr. Wessel explained that Progressive Engineering is an engineering and custom precision machining company that is currently located in Blaine. The company is planning to purchase 2.2 acres in the City -owned portion of the Apollo Business Park to build a 16,000 square foot manufacturing facility. According to the City Charter, an ordinance is required when City -owned property is sold. Mr. Wessel recommended that the City Council adopt the FIRST READING of Ordinance No. 01 - 96. Council Member Lyden moved to adopt the FIRST READING of Ordinance No. 01 - 96 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 -11 to Consider the Sale of Industrial Revenue Bonds for Taymark - Mr. Wessel explained that the City of Lino Lakes has received a proposal from Taylor Corporation asking the City to assist in financing a project through the issuance of revenue bonds in the amount of $6,000,000.00. The project to be financed is for the construction of Taymark, an approximately 150,000 square foot manufacturing facility to be located on 20 acres in the Clearwater Creek Development Center. Taymark is a division of the Taylor Corporation which has a facility in White Bear Lake. It plans to build an adjunct facility that deals in prom and homecoming supplies, party goods and imprinted specialty products. Approximately 100 people will be employed in Phase I of the project. The project will ultimately be in the range of 200,000 square feet. The Minnesota Municipal industrial Development Act requires that the City Council indicate its preliminary intent to undertake the project and to issue the revenue bonds to finance the project. The issuance of the bonds is subject to a public hearing, approval of the project by the Minnesota Trade and Economic Development Authority, approval by PAGE 4 CITY COUNCIL MEETING FEBRUARY 12, 1996 the City's bond counsel and the City Council and the availability of revenue bond allocations. While the allocations have been used up for 1996, the Taylor Corporation is requesting this preliminary resolution stating the City's intent. The company will wait until new allocations are available before actually applying, which will likely be in January, 1997. At that time, the City can hold a public hearing and finalize the issuance of the bonds. Mr. Wessel explained that adoption of the resolution is necessary to show that the City intends to issue revenue bonds for this project. He noted that revenue bonds are different from general obligation bonds in that it does not impede the ability of the City to issue other bonds to Taymark. Council Member Kuether moved to adopt Resolution No. 96 - 11. Council Member Neal seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, CHIEF DAVID PECCHIA Consideration of Hiring Wendy Rohwer, Full -Time Records Clerk - This item was removed from the agenda. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Site Plan Review, Anoka County Juvenile Detention Center - Ms. Wyland used the overhead projector to show the location of this planned facility within the grounds of the Minnesota Correctional Facility. She noted that Anoka County is planning to construct a 36 bed Juvenile Detention Center, approximately 10,600 square feet in area, on its property at 7555 Fourth Avenue (south/west corner of Lilac and Fourth Avenue). The building will be used to secure and hold violent juvenile offenders. The site currently contains two (2) juvenile detention cottages, a juvenile shelter, and a 60 bed medium security facility for adult county offenders (workhouse). The new County project description is as follows: The new building will be west of the existing shelter. A secure connection to the shelter will allow dual use of the existing gym. The juvenile shelter will get food service from the state prison, just as the county juvenile center does now. Visitors to the building will park south of the building along with the staff. Sanitary sewer and water will connect to nearby utilities. Storm water will be directed to an existing pond which will be enhanced. Perimeter walls will be built of solid reinforced concrete masonry. The exterior of the building will have earth tone colors that will complement the existing adjacent cottages and match the juvenile center, and have a heavy landscape tree buffer to the north (much of it is existing.). Each entrance will be secured by remote controlled doors and sally ports. The required outdoor recreation areas will have PAGE 5 CITY COUNCIL MEETING FEBRUARY 12, 1996 tight -meshed chain link material with a sloped top so as to be unclimbable. No "razor ribbon" will be used. The facility will be licensed by the State Department of Corrections and meet their standards for security. The center is part of a state-wide expansion of juvenile detention beds funded by the State of Minnesota. The City's Police Department originally expressed concerns regarding security and use of the facility. However, they have met with the Anoka County Corrections staff and worked out an agreement that will include special security services for the Lino Lakes Police Department and a much needed holding cell on the Anoka County site. Ms. Wyland explained that County Commissioner Langfeld; Architect & Engineer, Mark Fedders; Division Manager, Anoka County Human Services, Jerry Soma and Juvenile Center Superintendent, Dan Ceynowa are present this evening to answer questions from the City Council and the audience. Site Plan Review The property is zoned Public/Semi-Public (PSP) and the zoning ordinance provides that "all public buildings for county and state government" are permitted uses. The site is approximately ten (10) acres in size and is owned by Anoka County. The State of Minnesota owns the balance of this quarter section or approximately 150 acres. The original site plan review request included a side yard variance for five (5) feet which would have allowed the building to be constructed five (5) feet from the west property line. There was much discussion at the Planning and Zoning Board meeting regarding this variance request. The Planning and Zoning Board did recommend approval of the site plan, however, they added a condition that Anoka County pursue a land transfer with the State of Minnesota which would ultimately eliminate the need for a variance. After Anoka County considered this requirement, the building size was modified so that a ten (10) foot setback could be maintained. Setbacks: The revised building plan meets all setback requirements of the zoning ordinance, including the ten (10) foot side setback requirement. Building Height: A maximum height of 45 feet is allowed according to the ordinance. The proposed structure will be within that requirement. Landscaping and Buffering: A landscape plan has been provided which indicates plantings at the entrance to the building. A large grove of evergreen trees will screen the building from Lilac Street. Anoka County has indicated, to the State, that if any trees are removed during construction, they will be replaced with four (4) inch diameter trees. In addition, Anoka County will be installing an eight (8) foot high wood fence to separate the Anoka County Juvenile Detention building from the State Adult Facility to the west, as requested by the State. PAGE 6 CITY COUNCIL MEETING FEBRUARY 12, 1996 Aesthetic Compatibility: The proposed structure will be constructed of face brick and stucco to match the existing shelter with brown tinted glass. The building will be substantially screened from the east by the existing juvenile shelter. Off -Street Parking: Eighteen (18) parking stalls, including two (2) handicapped spaces, shall be provided south of the proposed new building. Additional parking is also provided elsewhere on the site and via contract with the Minnesota State Correctional Facility. Circulation and Access: Access to the site will be provided from Fourth Avenue through the State Correctional Facility entrances. Anoka County has an agreement with the State providing for this access arrangement. Loading and Trash: An adequately screened trash enclosure will be provided south of the proposed building. Lighting: A lighting schedule has been provided which illuminates the area surrounding the proposed building. The Planning and Zoning Board, based on Police Chief Pecchia's recommendation, has recommended that Anoka County install street lights at Fourth Avenue and Apollo Drive, Fourth Avenue and Lilac Street, Lilac Street and Apollo Drive and east of Patti Drive on Lilac Street. The purpose of the street lights is to provide adequate lighting in the vicinity should there be a need in respect to the use of the facilities. Signs: Sign locations have been indicated on the site plan. The applicant has been advised that sign permits will be required for any sign. The signs must comply with the City's sign ordinance. Utilities, Grading and Drainage: Plans relating to utilities, grading and drainage shall be subject to the review and approval of the City Engineer. City sewer and water utilities are available to serve the building from Fourth Avenue. The Planning and Zoning Board recommended approval of the site plan at their January 10, 1996 meeting with the following conditions: 1. Proper building permits be obtained prior to construction, the building permits shall include utilities fees as calculated by the City Engineer. 2. Proper sign permits be obtained prior to any sign installation. 3. Final utility, drainage and grading plans shall be approved by the City Engineer. 4. The parking area shall be provided with a hard surface with concrete curb and gutter surrounding all access drives and parking areas. PAGE 7 CITY COUNCIL MEETING FEBRUARY 12, 1996 5. Existing screening shall be maintained along Lilac Street. 6. Anoka County shall provide additional street lighting at the following locations: Fourth Avenue at Lilac Street Fourth Avenue at Apollo Drive Lilac Street just east of Patti Drive Lilac Street at Apollo Drive 7. A special security services agreement be negotiated with the Lino Lakes Police Department including the provision for a holding cell and other items as agreed to by Police Chief Pecchia. Council Member Bergeson noted that at an earlier meeting, the City Council was told that a variance would be needed for side yard setbacks because the building could not be redesigned. Now all of a sudden, a variance is not needed. Mr. Fedder's explained that there are many agencies to work with and sometimes the State Building Code and the City Codes are in conflict with the Department of Corrections requirements. This time the building could be drafted to eliminate the need for the variance. Council Member Neal said he was told that lighting is an issue. Commissioner Langfeld said that Anoka County is adamantly opposed to installing street lights. She said that those street lights are not relevant to the proposed building. She also noted that the Anoka County Public Works Department has never installed street lights on a City street. Council Member Kuether asked that a sign describing this building not contain the words Lino Lakes. Commissioner Langfeld said it would say, "East Central Juvenile Center". Council Member Bergeson asked Mr. Hawkins if the City could require that Anoka County erect street lights on property not owned by Anoka County. Mr. Hawkins said that the City could require the lights if the City could show evidence of the need for the lights. Police Chief Pecchia said that he recommended the street lights based on the "worse case scenario". He noted that he did have a very good working relationship with Anoka County and wanted to maintain that relationship. However, his recommendation remains as stated. Council Member Kuether suggested that the motion for approval could require street lighting if the need arises. Ms. Wyland noted that several years ago, a petition for a street light on Patti Drive and Lilac Street was received signed by several residents on Patti Drive. When the other residents heard about the petition, they petitioned against the street light. A street light was never installed. Council Member Neal said that he could not see a need for street lights. Mayor Landers said he could see a need for a street light at Fourth Avenue and Lilac Street. Council PAGE 8 CITY COUNCIL MEETING FEBRUARY 12,1996 Member Lyden asked if the street light was needed for traffic or for illuminating the area if there was an escape from the facility. He was told that the recommendation was made for safety reasons including an escape. There was further discussion regarding the cost of erecting street lights. Council Member Lyden asked if there could be some compromise on this matter. Mr. Soma explained that the Correctional Facility has been at this site since 1977. He noted that the new facility is more secure than the current buildings. Ms. Wyland said that she had only one comment regarding street lights and that came from a business located on Fourth Avenue. They requested streets lights at Fourth Avenue and Lilac Street. Council Member Kuether noted that if a street light in this location benefits businesses, they should share the costs. Commissioner Langfeld said that if a need is determined in the future, she will ask Anoka County Public Works Department to install the lights. Council Member Neal moved to approve the site plan with the conditions listed above except for condition No. 6, street lights. There was no second to this motion and the motion died. Council Member Kuether moved to approve the site plan with condition No. 6 to be a contingency as need arises and based on the Chief of Police's recommendation but not to exceed four (4) street lights. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. CONTINUATION OF PUBLIC HEARING, IMPROVEMENT OF 12TH AVENUE AND HOLLY DRIVE AND RECOGNITION OF CITIZENS PETITION, DAVID AHRENS Mr. Ahrens explained that the public hearing for the proposed improvements to 12th Avenue and Holly Drive was continued from January 22, 1996. The City Attorney has examined the files and will offer further information on this matter. Mr. Ahrens said he has some exhibits about other MSA roads in the City including their condition and their over all ranking within the City. He noted a petition from property owners along 12th Avenue and Holly Drive petitioning against assessments to their properties for road and utility improvements. This petition is provided for Council acceptance at this time. Council Member Bergeson referred to notes written on the petition by the City Clerk and asked if the landowner had to be a registered voter to petition against proposed assessments. Mr. Hawkins explained that there are no assessments proposed for the abutting property owners so the petition should be received as information only. Mayor Landers said that the petition was presented so that the property owners made it very clear that they did not want to be assessed for any road improvements. Council Member Kuether moved to accept the petition. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 9 r i CITY COUNCIL MEETING FEBRUARY 12, 1996 Mr. Ahrens presented a handout to each Council Member which listed each segment of all the MSA streets in the City and compared the MSA streets using the street inventory rating. The worst street is at the beginning of the list and the best street is at the bottom of the list. A segment of West Shadow Lake Drive is rated as the worst street in the City and three (3) segments of Ware Road are also at the top of this list. Mr. Ahrens noted that out of 294 road segments in this City, Holly Drive ranks 107th. He also noted the average daily traffic, as counted in 1993, for comparison to see which streets have more traffic and which streets have less traffic. Council Member Bergeson noted that there had been a proposal to improve West Shadow Lake Drive north of Birch Street. However, the residents did not support the proposal and it was dropped. Council Member Lyden noted that three (3) segments of Holly Drive are listed as eight (8), nine (9) and ten (10) on Mr. Ahrens list. He asked how quickly would these numbers drop and "mirror" Ware Road when Trapper's Crossing is fully developed. Mr. Ahrens explained how to determine what the additional traffic on Holly Drive will be. Council Member Lyden asked how fast would the numbers for Holly Drive drop to a two (2) or three (3). Mr. Ahrens explained that there are many variables to consider and it would be very difficult to predict. He said that Ware Road is deteriorating faster than Holly Drive will because Ware Road has a lot more traffic and there is a lot more organic material under Ware Road. Council Member Bergeson asked how long will it take to complete both phases of Trapper's Crossing. Mr. Ahrens said he did not know, it would depend on how quickly the developer can get approval from the City. Mr. Corson, the developers representative, explained that the developer is looking at four (4) years at the very least and most likely six (6) years. There will be a total of 115 homes. Council Member Bergeson noted that the City Council talked with the consulting planner Al Brixius and asked him to put his comments in writing. Mr. Ahrens read a letter written to Mr. Schumacher by Mr. Brixius so that it would become part of the record. Council Member Bergeson noted that the City Council had asked for a clarification from the City Attorney on what the City agreed to in the developers agreement for Trapper's Crossing. The attorney for the developer was at the Council work session and gave his opinion about what he felt that the developer had agreed to related to that project . Mr. Hawkins explained that the entire issue concerning what the developers obligation is falls back to the Council resolution/motion approving the preliminary plat in August, 1994. He explained that the motion made by Council Member Kuether to approve the preliminary plat is made on the condition that the developer take action necessary to complete a satisfactory plan for the reconstruction of Holly Drive/12th Avenue. There was further discussion and Mr. Hokanson (the developer) asked if the motion was requiring him to pay for the entire reconstruction. Mr. Hawkins explained that the motion was requiring a satisfactory plan for the reconstruction of the street being PAGE 10 CITY COUNCIL MEETING FEBRUARY 12, 1996 included in the developers agreement. Mr. Hawkins said he does not believe that the City has an agreement with Mr. Hokanson concerning the entire Holly Drive improvement. The City has a development contract that covers Trapper's Crossing, Phase I. In this agreement, it is stated that the developer will pay the City installed improvements based upon the estimated costs. Attached to the development contract is a list of the estimated cost for Phase I. Included in the list of benefits for Phase I is a $250,000.00 cost for MSA streets. Mr. Hawkins said that it is his belief that the City does not have an agreement for the balance of the project. This contract only covers Phase I. The City does not have a development agreement for Phase II and has not approved the final plat of Phase II. Mr. Hawkins explained that the City has to meet with the developer and his legal counsel and determine what is a satisfactory agreement for the reconstruction of the roadway. It is clear that the developer signed the development agreement and it only covers Phase I. Mr. Hawkins recommended that the City Council direct staff to meet with Mr. Hokanson and his representatives and negotiate a cost sharing arrangement and bring this agreement back to the City Council to see if it is acceptable. He explained that an agreement for the reconstruction of the entire roadway can now be negotiated since the total cost for the reconstruction has now been determined. Council Member Kuether said that the intent of her motion was to tie the developers requirements to the increase in traffic. Obviously the City would not be forced into considering the reconstruction of that road at this time without Trapper's Crossing. Council Member Lyden asked Mr. Ahrens with the building of Trapper's Crossing taking four (4) to six (6) years, when do you see the roadway being upgraded. Mr. Ahrens said the road is need of repair since it is near the end of its life cycle. Generally the best prices for the reconstruction are obtained when projects are combined. He said it was his opinion that the reconstruction of the roadway be completed prior to the full development of Trapper's Crossing. When Trapper's Crossing, Phase I is constructed, the roadway from the first phase to Birch Street will be torn up to accommodate the installation of utilities. He felt that this would be the optimum time to take care of the road needs for that segment. He said that leaves the question of when to reconstruct Holly Drive south from Trapper's Crossing. He felt that portion of the construction could be done at any time because the residents of Trapper's Crossing will have a new road to travel on north to Birch Street. After Phase II is completed, the reconstruction of the balance of Holly Drive could be completed. Council Member Bergeson noted that the developers counsel made some comments during the Council work session. Since that was not a public hearing, they should be offered the opportunity to make those comments tonight so that it becomes part of the public hearing record. Mr. Tom Baylak, attorney for Hokanson Development, said that he did attend the Council work session and discussed with the City Council the interpretation of the development agreement. He said he would accept Mr. Hawkins' recommendation that they sit down and negotiate Hokanson's obligations prior to the close of the public hearing. Mr. Baylak explained that the City's records indicate that the $250,000.00 was to be allocated against the entire first 28 lots and cover the entire PAGE 11 r i CITY COUNCIL MEETING FEBRUARY 12,1996 Trapper's Crossing plat. The developers position is still the same. They are not obligated to pay more than the $250,000.00 toward the reconstruction of 12th Avenue/Holly Drive. Mr. Baylak asked Mr. Heth to give his understanding of the development agreement. Mr. Hawkins said that it would be unfair for Mr. Heth to be asked to say what he feels is fair or unfair. He said Mr. Heth is a member of the staff and the entire staff will sit down and talk about this matter and then go the developer and his counsel with their conclusion. Mr. Baylak said that Mr. Heth is on record supporting the $250,000.00 figure. Mr. Hawkins explained that Mr. Heth is just a consultant and the City has to fall back on the contract that was signed by Mr. Hokanson. Mayor Landers said that the City Council will follow Mr. Hawkins' recommendation. Mayor Landers opened the public hearing at 8:20 P.M. He explained that the City Council will take public input at this time. He asked that only new information be brought forward at this time. Sue Walseth, 1101 Holly Drive - Ms. Walseth said that there are so many unanswered questions and asked the City Council to continue the public hearing to when these questions are resolved. Caroline Dahl, 1101 Holly Court - Ms. Dahl said that if the south half of the development is going to be discussed, she wanted it noted that the August 8, 1994 PDO contains a fencing agreement for adjoining property owners including herself. She asked that this issue also be discussed at the time staff discusses the road issue. This matter was in the original motion and will be discussed. Al DeMotts, 6265 Holly Drive - Mr. DeMotts asked if there will be another public hearing for the development of Phase II. Mr. Hawkins explained that this public hearing covers the entire development of Trapper's Crossing. Mr. DeMotts asked if the road improvement will be considered for both Phases. Does the $250,000.00 cover only the 1st Phase and how will you determine how much money will be required from the developer for Phase II? Mr. Hawkins explained that this matter will be discussed by the staff. Mr. DeMotts asked if the cash escrow has been paid for Phase I or will it be paid before this hearing is closed. Mr. Hawkins explained that the City requires a letter of credit and this letter of credit has to be posted prior to the start of construction. The cash escrow is 35% of the total cost of the improvement for Phase I. Mr. DeMotts questioned the amount of the cash escrow. It was explained that the preliminary estimate was adjusted. Mr. Ahrens asked Mr. DeMotts if he was talking about phasing the construction of the Trapper's Crossing subdivision or phasing of the reconstruction of Holly Drive. Mr. Ahrens noted that the cost sheet that Mr. Hawkins referred to reflects the bid prices received for the public improvements for Trapper's Crossing, Phase I. Mr. DeMotts referred to the development agreement and said the cash escrow figure that he calculated was based on the development agreement figures. Mr. Ahrens explained that the development agreement contains estimated figures. The actual escrow is based on bid prices which are lower than the figures in the development agreement. PAGE 12 CITY COUNCIL MEETING FEBRUARY 12, 1996 Council Member Bergeson noted that this hearing is for the improvement of 12th Avenue/Holly Drive and not the Trapper's Crossing subdivision. The public hearing on Trapper's Crossing was held some time ago. Mr. Hawkins explained that there probably will not be any additional public hearings on additional phases of Trapper's Crossing because the costs will be paid entirely by the developer. Julie Thell, 6482 - 12th Avenue - Ms. Thell said that it is her understanding that 12th Avenue will be improved and sewer and water utilities will be included. She was told that this is correct. Ms. Thell said it was also her understanding that there will be no assessment to abutting property owners. Mr. Ahrens said that this is also correct. Ms. Thell asked when would assessments be levied against abutting property owners. Mr. Ahrens explained that the developer is installing the sewer and water utilities and also reconstructing all of 12th Avenue and a small portion of Holly Drive. If a property owner wants to connect to the sewer and water utilities, the property owner would have to come to the City and petition to connect to those utilities. An assessment cost would be prepared for the property. The timing of the connection would be at the option of the property owner. Mayor Landers noted that there will be no assessment until a property owner decides to connect to utilities. Council Member Neal asked how many phases will there be in Trapper's Crossing. He was told three (3). Council Member Kuether moved to continue the public hearing to the first Council meeting in March to allow time for the staff and City attorney to get together with the Trapper's Crossing people to prepare some guidance for the City Council on the issue. Council Member Lyden seconded the motion. Council Member Neal said if they cannot prepare a mutual agreement, the development will probably have to be red tagged. This matter has to be settled even if it requires a special Council meeting. Council Member Lyden said he would like to be present at the meetings between staff and the developer. Mr. Hawkins explained that this would be a staff meeting and they are open to the public. Council Member Bergeson said that all Council Members should be given the date of the meeting so that they can attend if they wish. Mr. Hawkins reminded the City Council of the open meeting law. If three (3) or more Council Members attend, the meeting must be advertised as a special Council meeting. This was intended to be a staff meeting and then a meeting between the attorneys to try to resolve the problems. Mr. Hawkins said that he was not trying to discourage anyone from attending the meeting, however, sometimes there is free flow and open dialog when the parties do not attend including Mr. Hokanson and members of the Council. Whatever the results, this information will be brought back to the City Council. Council Member Lyden asked what fences will be discussed. He was told all issues would be discussed. Council Member Lyden noted that everyone is surprised that the PAGE 13 1 1 r CITY COUNCIL MEETING FEBRUARY 12, 1996 cost of reconstructing 12th Avenue/Holly drive is $1,900,000.00. He suggested that the entire development process be reviewed. Maybe more safety checks need to be included in the process so that this will happen again. Council Member Lyden noted that the City does not have $1,900,000.00 to reconstruct this road. He also said that in reality, the road would not have to be reconstructed if Trapper's Crossing was not developed. Mayor Landers asked exactly what will be negotiated between the attorneys. Mr. Hawkins referred to the original resolution and explained that all concerns outlined in that resolution will be negotiated. All outstanding issues will be resolved. Voting on the motion, motion carried unanimously at 8:38 P.M. The City Council took a break and reconvened at 8:51 P.M.. CONSIDERATION OF HIRING CUSTODIAL SERVICES, DAN TESCH Mr. Tesch explained that the person hired for custodian service for all City buildings has resigned. The City solicited proposals from several cleaning services. A cost comparison between the cleaning services and hiring another custodian was prepared and included in the Council packets. Public Works Superintendent, Tom DeWolfe prepared specifications for a cleaning service and three (3) responses were received based on Mr. DeWolfe's specifications. The proposal were received from: Bilder Maintenance Ray Johnson L'Allier, Inc. $38,021.00 per year $31,758.00 $21,321.00 The cost to hire another custodian would be $33,466.00 per year. Mr. Tesch explained that reference checks were performed on L'Allier, Inc. The references were very positive. A contract was prepared and approved by the City Attorney. Mr. Jeremy L'Allier, representing L'Allier, Inc. explained that the owners of the company were on vacation and he is representing them this evening. He explained that the company has been in business since 1990. Council Member Neal said that St. Joseph Catholic Church told him that when L'Allier, Inc. scrubs a floor, they are charged extra. Mr. L'Allier said that there is no extra charge for just scrubbing a floor. However, when a floor has to be recoated or rewaxed, that is called special project work and would cost extra. The restrooms would be mopped daily. PAGE 14 CITY COUNCIL MEETING FEBRUARY 12,1996 Council Member Neal asked when the custodial work would be done. Mr. L'Allier said it would be on a daily basis and the time is spelled out in the specifications for the job. Council Member Neal asked if all four (4) buildings were included in his proposal. All four(4) were included. The term of the contract is until December 31, 1996. Council Member Neal said he wanted the approval to contain a six (6) month probationary period. Mr. L'Allier explained that the proposal states that either party can cancel as per the Lino Lakes standard agreement, section seven (7). Mr. Tesch read section seven (7): The City reserves the right to terminate the provider at any time within the term of the agreement. In the event of such termination, the City shall provide the provider with written notice of termination upon the receipt of same. The provider shall immediately cease and desist providers provision of service under the agreement and the City shall have no further obligation under this agreement to pay any further compensation to the provider except for the compensation due and owing for the services prior to receipt of 30 days written notice. Council Member Neal asked who pays for the supplies. Mr. L'Allier explained that the chemicals will be provided by L'Allier, Inc. and supplies of consumables such as paper products are provided by the City. Council Member Neal said that if this is such a good deal, the contract should be for five (5) years. Mr. Tesch said that this contract is renewable every year. Council Member Lyden moved to award the bid for custodian service to L'Allier, Inc. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 96 -12 DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR 1996/1997, DAN TESCH Mr. Tesch explained that each year the City of Lino Lakes receives CDBG funding which is dispensed by Anoka County from the federal government. This year, Lino. Lakes will receive approximately $37,605.00. A number of service organizations have requested a portion of these dollars. The City Council held a CDBG public hearing on January 22, 1996 and heard funding requests from several organizations. Two (2) funding options have been prepared for City Council consideration. The difference between the two (2) options is that Option 1 does not include the request from the Lino Lakes Senior Coordinator for $600.00 to be paid toward their insurance. Option No. 2 includes the Coordinator's request and decreases the North Anoka Meals on Wheels program by the same $600.00. Council Member Kuether asked why all of the $600.00 needed to fund the insurance for the Senior Center come from Meals on Wheels. Council Member Neal explained that the amount of money requested from Anoka Meals on Wheels is to pay the site Coordinator of the program. She works out of St. Joseph Catholic Church. This site delivers meals to PAGE 15 r r f CITY COUNCIL MEETING FEBRUARY 12,1996 Centerville, Lino Lakes, Circle Pines, Lexington and a portion of Blaine. If Lino Lakes funds their full request, then none of the other cities served will have to pay anything toward the service. Council Member Neal wanted the Council to know that Lino Lakes has been funding the coordinator entirely. (Actually Lino Lakes funded $1,500.00 and Blaine funded $1,000.00.) Council Member Kuether thought that Meals on Wheels provides meals to about 100 Lino Lakes residents. (Actually 22 meals are delivered to Lino Lakes.) Council Member Lyden explained that the question at the work session was not that the money was going to be taken from Meals on Wheels but that it was going to be used for insurance and would the City incur some liability. Mr. Tesch said that this was checked with Mr. Hawkins and he said that this was not a problem. Mr. Tesch explained that the CDBG funding is estimated to be $37,605.00. If this amount changes, a resolution amending the City Council action tonight will be brought to the City Council for consideration. Council Member Kuether noted that there are considerably less dollars allocated to the ADA funding. Mr. Tesch said that this is true. Council Member Kuether moved to approve Option No. 2. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Clearwater Creek Easements - Ms. Wyland explained that Clearwater Creek plat received final plat approval from the City Council on November 13, 1995. A portion of the site has been final graded and some revisions made to a ponding area adjacent to Lot 8 and Lot 9, Block 1 on Clearwater Court. The revisions were made to avoid a large oak tree. Easements are required over all drainage and ponding areas and are typically shown on the final plat and survey documents. Because this ponding area was revised following final plat approval and does not follow the platted easement, new documents are required. Ms. Wyland used the overhead projector to show the detail of the revised easements. Consulting Engineer, John Powell has reviewed the easement documents and has indicated that they are in order. Staff is recommending that the City Council accept the two (2) easement documents as submitted. Council Member Kuether moved to approve the documents. Council Member Bergeson seconded the motion. CITY ENGINEER'S REPORT, DAVID AHRENS PAGE 16 CITY COUNCIL MEETING FEBRUARY 12, 1996 Consider Agreement for Professional Services, Water Tower Antenna Leasing with Mr. John DuBois, - Mr. Ahrens explained that the newest generation of wireless communication technology (Personal Communication Service or PCS) is coming to the Metro area and will involve an important role with each city. This new communication service requires a greater density of antennas than existing cellular technology and therefore, the communication companies need to acquire new/additional antenna space. Mr. Jim Nelson, TEA Group, Inc., has contacted the City concerning the lease of antenna space on the City's water tower. Obvious antenna locations include municipal water towers due to their acceptance in communities and height advantages. Since antenna lease agreements and the communication industry are unfamiliar with staff, it is important that the City utilize specialized consulting services to rely upon as discussions with the communication companies evolve. The installation of antennas include specialized issues such as equitable compensation for lease of municipal space and potential for interference to other radio and television users. Mr. DuBois is a Professional Communications Engineer with over 30 years of experience in radio communications system engineering. He is currently assisting other municipalities in the management of their water tower assets. Mr. DuBois has assisted numerous cities in the metro area on this type of work including Lakeville, Burnsville, Coon Rapids and Brooklyn Park. The Consulting Engineer Agreement with Mr. DuBois will allow the City to utilize his services on an "as -needed" basis for antenna leasing coordination. The City Attorney has reviewed the Agreement and has found it acceptable. Mr. Ahrens noted that all costs related to approving the installation of all antennas and Mr. DuBois' services would be recouped through the lease of the space. Mr. Ahrens included in the City Council packets an article written by the League of Minnesota Cities concerning PCS communication service and the Consulting Engineer Agreement. He recommended that the City Council approve the Consulting Engineer Agreement between Mr. John DuBois and the City of Lino Lakes. Council Member Kuether expressed concern regarding what the water tower would look like with numerous antennas attached to it. She asked Mr. Ahrens to get a picture of a water tower with antennas attached. After further discussion, Council Member Kuether moved to approve the Consulting Engineer Agreement between Mr. John DuBois and the City of Lino Lakes. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 -17 Receive Feasibility Report and Call Hearing on Improvement, Centennial Middle School Street and Utility Improvement Mr. Ahrens explained that the Centennial School District requested the City to conduct a street and utility service study and a traffic study for a proposed middle school along Elm Street on May 31, 1995. The report has been completed by the City's engineering consultant, OSM, Inc. In accordance with Minnesota State Statutes 429 and the Lino PAGE 17 r CITY COUNCIL MEETING FEBRUARY 12, 1996 Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing scheduled. The public hearing is scheduled for the March 11, 1996 Council meeting. Mr. Ahrens recommended that the City Council adopt Resolution No. 96 - 17 receiving the feasibility report and call a public hearing for the Centennial Middle School street and utility improvements. Council Member Lyden asked how these proposed improvements would be financed. Mr. Ahrens explained that the cost would be assessed to the benefiting property owners. Council Member Bergeson moved to adopt Resolution No. 96 - 17 as recommended by the City Engineer. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 17 can be found at the end of these minutes. Consideration of Resolution No. 96 - 18 Final Acceptance of Work - Pheasant Hills Preserve, 6th Addition - Mr. Ahrens explained that the developer's of Pheasant Hills Preserve, 6th Addition have requested final acceptance of the public improvements. These improvements were completed in October, 1995, with construction observation provided by the City of Lino Lakes representative. There is a one year warranty period from the final acceptance date to cover possible defective work by the contractor. Mr. Ahrens recommended that the City Council adopt Resolution No. 96 - 18 accepting the work for Pheasant Hills Preserve, 6th Addition. Council Member Lyden moved to adopt Resolution No. 96 - 18. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 18 can be found at the end of these minutes. Consideration of Resolution No. 96 - 19 Authorizing City to Enter Into a Joint Powers Agreement with the Metropolitan Council for Installation of Watermain - Mr. Ahrens used the overhead projector to outline the area where Metropolitan Council will be installing a sanitary sewer interceptor pipe along Ware Road and Ash Street. He explained that staff has looked at the City's need for utility construction in this corridor and has identified the need to install watermain from Coyote Trail to 62nd Street on Ware Road and from Hodgson Road to 155 Ash Street on Ash Street. In order to have this work completed under a contract let by the Metropolitan Council, it is necessary that the City enter into a Joint Powers Agreement with the Metropolitan Council. Staff is requesting Council to authorize the City to enter into a Joint Powers Agreement so that this work can be completed. Final approval of the Joint Powers Agreement will be provided at a later Council meeting. ALTERNATIVES PAGE 18 CITY COUNCIL MEETING FEBRUARY 12, 1996 Mr. Ahrens explained that both segments of the watermain will ultimately be needed in the City's water system. Therefore, alternates include having the watermain constructed at a later date depending on private development needs or by the City as part of water system development. It is difficult to predict when this might happen, but could be within the next three (3) years. The advantage to having this work completed at this time is that construction activity and disruption to the public in the area of construction will only occur once for the installation of the interceptor pipe and the watermain. If the watermain work is delayed, then the construction activity and disruption will happen twice in a possible three (3) year time span. FUNDING Mr. Ahrens explained that assessments are not proposed to be levied for this work. Assessments will be levied only when a property owner elects to connect to the watermain. It is estimated that the construction costs will be approximately $120,000.00 and it is proposed that this work be funded from the City's Water Area and Unit Fund in the interim until connections are made. OTHER ISSUES The City will need to acquire five (5) feet of temporary construction easement along the proposed Ash Street watermain. Council Member Bergeson asked if the construction will tear up yards and driveways that were torn up about two (2) years ago. Mr. Ahrens said yes and that is why he is asking that both the Metropolitan Council interceptor and the Lino Lakes watermain be installed at the same time. Council Member Lyden asked why the construction of the watermain will not go all the way down on Ware Road to County Road J (Ash Street). Mr. Ahrens explained that Metropolitan Council is proposing to directional bore the interceptor pipe .(push pipe underground without any open cut or trench construction) from 62nd Street to Ash Street. There will be minimal disturbance to Ware Road. Mr. Ahrens said that it is unfortunate that this type of construction means that there will not be an opportunity to restore Ware Road to a decent condition. Mayor Landers said that the cost of pushing the sewer interceptor underground must be very expensive. He asked if the boring method could be used on Ash Street so that there will be minimal disruption in an area that was disrupted two (2) years ago. Mr. Ahrens said that the Metropolitan Council will be obtaining a bid alternate for the boring method of construction. However, Metropolitan Council is not sure what those costs will be. If direction boring occurs on Ash Street, the Lino Lakes watermain will be installed at a later date. PAGE 19 r CITY COUNCIL MEETING FEBRUARY 12, 1996 Council Member Kuether asked if the residents on Ash Street know about this pending construction. Mr. Ahrens said they know about the Metropolitan Council interceptor construction. Neighborhood meetings have been held but have not been well attended. Council Member Bergeson noted that Lino Lakes has a non-standard notification policy that requires the City to notify more people by registered mail. Mr. Ahrens said that this project probably would not fall under this policy. However, if the Lino Lakes watermain construction becomes a reality, those residents will be notified under that policy. Mayor Landers asked if the residents along Ash Street could be given a guarantee that they will not be disturbed for a long time. Mr. Ahrens said that he could not make any guarantees for other agencies. Mr. Ahrens said that he will be out in that area notifying residents of the construction and obtaining the temporary easements. Council Member Bergeson moved to approve Resolution No. 96 - 19 and notify the affected property owners by registered mail. Council Member Kuether seconded the motion. Motion carried unanimously Resolution No. 96 - 19 can be found at the end of these minutes. Consideration of Resolution No. 96 - 20 Ordering Preparation of Report on Improvement, Otter Lake Road Re -alignment - Mr. Powell explained that to support the development of businesses in the Clearwater Creek Business Development Center, the infrastructure needs of these businesses must be addressed. The area of the Development Center currently being reviewed in detail is the southeast quadrant of the I-35E/Main Street intersection. The City Council has previously authorized preparation of a study reviewing sanitary sewer and watermain service in this area. This study was received by the City Council in December, 1995. Discussions with Anoka County regarding the re- alignment of County Road #84 (Otter Lake Road) have been ongoing. These discussions have now reached the point where more detailed engineering and cost information needs to be prepared in order to review cost-sharing options with Anoka County. This information will also be very useful in evaluating development proposals for this area. Mr. Powell recommended that the City Council approve Resolution No. 96 - 20 Ordering Preparation of a Report on the Otter Lake Road Re -alignment. Council Member Bergeson asked if a cost estimate has been prepared for this report. Mr. Powell explained that the engineering work is estimated to cost $7,350.00 and about $6,200.00 for the soil borings. Deeper borings will be done in the area of the re- alignment of the roadway because utilities are anticipated to be constructed underneath the roadway. Council Member Bergeson asked how the study will be funded. Mr. Ahrens explained that it will be funded from his budget under Consultant Services. If the improvement is ultimately assessed to the benefiting property owners, these costs will be recouped. Mr. Powell explained that this area has been exempted from the City Charter assessment restrictions and benefiting property owners will be assessed under Chapter PAGE 20 CITY COUNCIL MEETING FEBRUARY 12, 1996 429 of the State Statutes. Mr. Wessel explained that only the businesses locating in this area will be assessed. No residents will be assessed. Council Member Bergeson moved to adopt Resolution No. 96 - 20. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 20 can be found at the end of these minutes. Consideration of Resolution No. 96 - 21 Receiving Feasibility Report and Calling Hearing on Improvement, Birch Street Trunk Watermain - Mr. Powell explained that the Lino Lakes City Council ordered preparation of this report at the January 22, 1996 Council meeting. The report addresses the need for trunk watermain extensions to the southeast quadrant of I-35E/Main Street to support development of businesses in the area. In accordance with Minnesota State Statute Section 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing scheduled. The public hearing will be held at the City Council meeting scheduled for March 25, 1995, 6:45 P.M. Mr. Powell recommended that Resolution No. 96 - 21 be adopted. Council Member Kuether moved to adopt Resolution No. 96 - 21 as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 21 can be found at the end of these minutes. Consideration of Resolution No. 96 - 22 Ordering Preparation of Plans and Specifications, Birch Street Trunk Watermain - Mr. Powell explained that the City Council just received the feasibility report and set a public hearing for March 25, 1996. It is likely that many of the questions or concerns which will be raised by property owners can only be addressed after preparation of the detailed construction plans. In order to more accurately respond to these questions at the public hearing, staff is requesting that the City Council order preparation of the plans and specifications so that the completed documents will be available at the public hearing. The public improvement process allows the City Council to order the plans prior to the public hearing. The City has followed this process in the past. Mr. Powell recommended that Resolution No. 96 - 22 be adopted. Council Member Neal moved to adopt Resolution No. 96 - 22. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 22 can be found at the end of these minutes. FINANCE DEPARTMENT REPORT, DAN TESCH PAGE 21 i CITY COUNCIL MEETING FEBRUARY 12, 1996 Consideration of Resolution No. 96 -13 Amending the 1995 General Fund Budget - Mr. Tesch explained that the following resolutions are for housekeeping purposes for the year ended December 31, 1995 for audit and budget adjustments. Resolution No. 96 - 13 makes changes to the General Fund for Police Department salaries and automobile replacement. Council Member Kuether asked if the decrease in Resolution No. 96 - 13 means that those dollars will be returned to General Fund. Mr. Tesch explained that this is a matter of coding. Council Member Kuether asked if the decrease is the dollars left over after the year ended. Mr. Tesch said yes. Council Member Kuether said it appears that dollars are "slushing" around in that budget. Council Member Bergeson explained that the items dealing with the Park Board and Planning and Zoning Board identifies the expenditures as stipends rather than salaries. Board members are not employees and do not have the same privileges as employees. These items correct the accounting and get the dollars out of the salary category. Council Member Bergeson said he was not sure about the other items. Council Member Kuether noted that there is an increase of $10,500.00 and a decrease of $10,500.00 and wanted to know why. Council Member Bergeson explained this item. Council Member Kuether said that she still had a question about the top three (3) items listed in the resolution and asked that this matter be tabled to get further information. Council Member Kuether moved to table Resolution No. 96 - 13 to the next Council meeting and have an explanation for the next work session. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 14 Transferring Funds from Various Funds for Corrections to the Country Lakes Estates Project - Mr. Tesch explained the purpose for this resolution. Council Member Bergeson moved to approve this resolution as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 14 can be found at the end of these minutes. Consideration of Resolution No. 96 - 15 Authorizing the Transfer of Monies from the Tax Increment Fund 1-1 and Tax Increment Fund 1-2 to the Economic Development Fund - Council Member Kuether moved to approve this resolution as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 15 can be found at the end of these minutes. Consideration of Resolution No. 96 -16 Transferring Funds from the General Fund to the Escrow Fund for Woods of Baldwin Lake - Council Member Kuether moved to approve this resolution as presented. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 22 CITY COUNCIL MEETING FEBRUARY 12, 1996 Resolution No. 96 - 16 can be found at the end of these minutes. ATTORNEY'S REPORT, BILL HAWKINS Consideration of Resolution No. 96 -10 Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Centennial Middle School - Mr. Wessel showed a map of the proposed roadway and explained that the design of the new Centennial School District middle school on Elm Street and Fourth Avenue is well underway with the site work projected for completion in the fall of this year. The City Engineer, with the concurrence of the Centennial School District and adjacent landowners, has determined a road alignment as being most beneficial to the City. Negotiations have been initiated with the two (2) affected landowners to purchase the properties. Both parcels are undeveloped raw land and both parties are interested in selling. Resolution No. 96 - 10 authorizes a procedure for acquiring the property through Eminent Domain, should good faith negotiations not be concluded within the next 90 days, and therefore jeopardize the new middle school schedule. Centennial School Superintendent, John McClellan will be before the Planning and Zoning Board on Wednesday, February 14, 1996 to present the building and site review as well as the rezoning request. Mr. Wessel explained that the City has had a good working relationship with the School District. He used a posterboard drawing to show where the new school will be located and the proposed street configuration to serve the school. Mr. Wessel said that negotiations have been initiated with the two (2) property owners for street right-of-way. The property owners have indicated willingness to sell the land. The property is raw land and nobody will be displaced. Mr. Hawkins said that he will file the eminent domain petition pursuant to state statute and Resolution No. 96 - 10. The City will have the right to possession in 90 days. Since the property owners are willing to sell the land, the only reason that the eminent domain process will go forward is if the City and the landowners cannot come to a reasonable conclusion regarding the selling price of the land. Council Member Kuether moved to adopt Resolution No. 96 - 10 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 10 can be found at the end of these minutes. OLD BUSINESS Consideration of Using a Consent Agenda - Mr. Tesch explained that there has been some interest in using a consent agenda for the regular Council meetings. A consent agenda tends to speed up a meeting by placing items that are not controversial or do not need discussion at the beginning of the meeting on the consent agenda. Council Member PAGE 23 r i CITY COUNCIL MEETING FEBRUARY 12, 1996 Kuether explained that the Council had been using a consent agenda but found that many of the items on the consent agenda had to be removed for various reasons. She did feel if the items on the consent agenda are "clean" items, it does speed up the meeting. However, there will always be circumstances where an item will have to be removed for further discussion. Council Member Lyden asked if there should be some baseline criteria such as all Council Members would have to attend the Council work session where the item was fully discussed. Council Member Kuether explained that when a Council Member is reviewing his packet for the upcoming meeting and finds an item on the consent agenda that he/she does not understand, that Council Member should call the appropriate staff member at city hall and get a clarification. This would eliminate the need to remove the item from the consent agenda. Mr. Tesch suggested that the City Council try using a consent agenda for a month and if it appears that it is not working, the consent agenda can be eliminated. Council Member Bergeson noted that the City Council always has the power to amend the agenda so if there is an item on the consent agenda that needs further discussion, that item can be removed and placed elsewhere on the agenda. Council Member Lyden said that a consent agenda may give the Council more time to talk about an issue that needs added discussion. It was the consensus of the City Council that the consent agenda should be reinstated. Council Member Neal moved to continue the Council meeting until all business is completed. Council Member Lyden seconded the motion. Motion carried unanimously. Selecting a Date for Interviewing Board Applicants - Mr. Tesch explained that advertisement for board members was again placed in the February 20th local newspaper. The deadline for responding to the ad is February 29, 1996. He suggested that the City Council interview each applicant on March 6, 1996 which is the regularly scheduled work session. Council Member Bergeson said that the work sessions are typically two (2) or three (3) hours long and based on interviews in the past, they have taken a considerable amount of time. He asked if interviews should be scheduled for another date. Mr. Tesch explained that last year interviews were scheduled for 7:00 P.M. on the evening of the work session. This meant that the City Council had to complete the work session meeting by 7:00 P.M. Council Member Lyden said that it is his understanding that the deadline for submitting applications for the boards has been extended because there were not enough applicants for the vacant positions. He asked what is the magic number. Council Member Kuether said that this has happened in the past because the advertisements were placed during the holiday season. She said that the City Council should make sure that anyone wishing to apply for a position is aware of the deadline. PAGE 24 CITY COUNCIL MEETING FEBRUARY 12, 1996 Mayor Landers requested that the Council work session be structured to accommodate the interviews beginning at 6:30 P.M. or 6:00 P.M. if possible and notify each candidate about interview time. NEW BUSINESS Consideration of Volunteers of America Week Proclamation - Council Member Bergeson moved to waive the reading of the proclamation and enter the proclamation into the minutes. Council Member Kuether seconded the motion. Motion carried unanimously. The Volunteers of America Week Proclamation can be found at the end of these minutes. Council Member Kuether moved to adjourn at 10:10 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on March 11, 1996. - d_42/00 -0Y1,, Marilyn C! Anderson, J L. Landers Clerk -Treasurer Mayor PAGE 25 r Member Kuether introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 96-10 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposes to construct and improve a street to serve the new school site, and WHEREAS, the improvement consisting of constructing said street is herein determined necessary to provide for the safety of the traveling public, and WHEREAS, permanent and temporary easements and fee simple interests over certain lands are required to provide for said construction, and WHEREAS, Lino Lakes has authority to acquire right of way for said Highway by eminent domain pursuant to Minn. Stat. No. 117, and WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. No. 117.011 and 117.042, and WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of the required easements at this time; NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the acquisition of said land by eminent domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioner, pursuant to Minn. Stat. No. 117, and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary Petitioner therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Dated: February 12, 1996 ATTEST: Marilyn G Anderson, Clerk -Treasurer 47 kAir John L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 i f i RESOLUTION NO. 96 - 11 Extract of Minutes of a Meeting of the City Council of the City of Lino Lakes, 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 at the City Hall in said City on Monday, the 12th day of February, 1996, at 6:30 o'clock P.M. The following members were present: Bergeson, Kuether, Lyden, Neal, Landers and the following were absent: None. Member Kuether and moved its adoption: introduced the following resolution RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT PROJECT AND TAKING OFFICIAL ACTION WITH RESPECT THERETO AND INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT The motion for the adoption of the foregoing resolution was duly seconded by member Neal and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. 312116.1 Council Member Kuether resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 96-12 OPTION introduced the following A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1996-1997. WHEREAS, The City of -Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1996-1997 in the amount of $37,605.00 ($38,605.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach Program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and The City Council supports the Meals on Wheels Program, designed to provide food to homebound seniors and handicapped individuals, and The City Council supports the Rise Program, designed to provide assistance to area residents with physical and/or mental handicaps. The City Council supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. funds since its inception, and The City has an adopted ADA plan and the plan recommends that each facility have a TDD phone system. 1 1 r r i Page 2 Resolution 96-12 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $4,328.00 of its 1996- 1997 C.D.B.G. funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1996- 1997 C.D.B.G. funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1996- 1997 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1996- 1997 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau. 5. That the Lino Lakes City Council hereby requests that $2,517.00 of its 1996- 1997 C.D.B.G funds be designated towards the Meals on Wheels Program. 6. That the Lino Lakes City Council hereby requests that $2,500.00 of its 1996- 1997 C.D.B.G. funds be designated towards the Rise Program, to go towards the purchase of a van. 7. That the Lino Lakes City Council hereby requests that $16,262.00 of its 1996- 1997 C.D.B.G. funds be used in support of the Senior. Citizen Coordinator Program, designed to promote the center's programs. 8. That the Lino Lakes City Council hereby requests that $998.00 or its 1996-1997 C.D.B.G. funds will be designated towards the ADA program to purchase two TDD phones(Police and Park /Recreation building). 9. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 96-12 Adopted by the Lino Lakes City Counci this 12th Day of February, 1996. J`` ohn L.. Landers, Mayor Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted infavorthereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. r f Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 96-14 RESOLUTION TRANSFERRING FUNDS FROM VARIOUS FUNDS FOR CORRECTIONS TO THE COUNTRY LAKES ESTATES PROJECT WHEREAS, the engineering consultant (T.K.D.A.) has reviewed the costs associated with this project, and WHEREAS, certain planning (N.A.C.) costs were incorrectly charged to the escrow, and WHEREAS, legal costs were incorrectly charged to the construction fund instead of the escrow account, and WHEREAS, not all of the Administration fees were charged to the Escrow Fund, and WHEREAS, various publication costs were charged to the Construction Fund instead of the Escrow Fund. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the following transfers be approved as follows and effective December 31, 1995: General Fund (101) Escrow Fund (801) Escrow Fund (801) 1994 Construction Fund (456) Escrow Fund (801) 1994 Construction Fund (456) Escrow Fund (801) 1994 Construction Fund (456) Increase Decrease ($ 273.50) $ 273.50 ($ 130.00) $ 130.00 ($8,886.77) $8,886.77 ($ 340.25) $ 340.25 Adopted by the City Council of Lino Lakes this 12th day of February, 1996. MarilynAnderson Uvx Clerk Treasurer John Landers - Mayor Page 2 The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. 1 1 i r i Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-15 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE TAX INCREMENT FUND 1-1 AND TAX INCREMENT FUND 1-2 TO THE ECONOMIC DEVELOPMENT FUND WHEREAS, personnel costs have been charged to the Economic Development Fund, and WHEREAS, these costs are T.I.F. related, and WHEREAS, the City's audit firm has recommended this transfer on an annual basis, and WHEREAS, the City's Tax Increment Districts are all pooled. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective December 31, 1995. E.D.A. Fund (430) T.I.F. District 1-1 (407) T.I.F. District 1-2 (408) Increase Decrease $1,662.85 ($831.43) ($831.42) Adopted by the City Council of Lino Lakes this 12th day of February, 1996. t l cv,,f4 Marilyn Anderson, Clerk Treasurer n Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-16 RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE ESCROW FUND FOR WOODS OF BALDWIN LAKE WHEREAS, the engineering consultant (T.K.D.A.) has reviewed the costs associated with this project, and WHEREAS, certain engineering costs were incorrectly charged to the escrow, and WHEREAS, this amount totals $2,900. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the General Fund to the Escrow Fund be approved as follows and effective December 31, 1995: General Fund (101) Escrow Fund (801) Increase Decrease $2,900 ($2,900) Adopted by the City Council of Lino Lakes this 12th day of February, 1996. Marlyn . Anderson - Clerk Treasurer n Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. 1 r i Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-17 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT. WHEREAS, pursuant to request by the Centennial School District on May 31, 1995, a report has been prepared by OSM, Inc., with reference to the improvement of Elm Street between Cinnamon Teal Court and Lake Drive by reconstructing streets, installing curb and gutter, watermain, sanitary sewer and storm sewer, and this report was received by the council on February 12, 1996, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $1,695,217.00. 2. A public hearing shall be held on such proposed improvement on the 11th day of March, 1996, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 12th day of ebruary, 1996. hn Landers, Mayor 6A,12Voe)4 Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers The following voted against same: None. Whereupon said resolution was declared passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-18 RESOLUTION FOR FINAL ACCEPTANCE OF WORK. WHEREAS, pursuant to a Development Contract between the City of Lino Lakes and Contractor Property Developers Company, Contractor Property Developers Company's contractor, Barbarossa and Sons, Inc., has satisfactorily completed the improvements of Pheasant Hills, 6th Addition in accordance with such contract, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The work completed under said contract is hereby accepted and approved. Adopted by the City Council this 12th day of F bruary, 1996. -1 - Ca0A/1-,1— Marilyn . Anderson Clerk -Treasurer ohn Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on 1996. Marilyn G. Anderson, Clerk -Treasurer 1 1 r i Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-19 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INSTALLATION OF WATERMAIN ON ASH STREET AND WARE ROAD. WHEREAS, the Metrolpolitan Council is planning the construction of a sanitary sewer interceptor pipeline in the City of Lino Lakes, and WHEREAS, the City of Lino Lakes has identified areas along the Metropolitan Council interceptor pipeline alignment that will require watermain, and WHEREAS, it is to the benefit of the public and the City of Lino Lakes to construct watermain under the same contract as the Metropolitan Council interceptor project to minimize disruption from construction work to the public NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City is authorized to enter into a Joint Powers Agreement for the construction of watermain along Ware Road and Ash Street in conjunction with the Metropolitan Council interceptor project. Adopted by the City Council this 12th day of F bruary, 1996.` ohn Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Landers. The following voted against same: None. Bergeson, Kuether, Lyden, Whereupon said resolution was declared passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-20 RESOLUTION ORDERING PREPARATION OF REPORT - OTTER LAKE ROAD REALIGNMENT. WHEREAS, it is proposed to realign County Road 84 (Otter Lake Road) between Cedar Street and Main Street and to assess the benefitted properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to John Powell of TKDA for study, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 12th da F ruary, 996. Jo n L. Landers, Mayor Marilyn . Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a corr=ct copy of a resolution duly passed, adopted 4 ctA, c0 _61k.ka)mot. and approved by the City Council on . /, 1996. Marilyn G. A derson, Clerk -Treasurer 1 r Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-21 RESOLUTION RECEIVING THE BIRCH STREET TRUNK WATERMAIN FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, pursuant to a resolution of the Council adopted January 22, 1996, a report has been prepared by John Powell, TKDA with reference to the improvement of trunk watemiain in the Birch Street area, and this report was received by the Council on February 12, 1996 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 25th day of March 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Lino Lakes City Council this 12th day ojFebruary, 1996. bi„Ade I Marilyn.Anderson Clerk -Treasurer Jo n L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on 9//d- , 1996. MarilynL-/n G. nderson, Clerk -Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-22 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE BIRCH STREET TRUNK WATERMAIN IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 96-05 of the Lino Lakes City Council adopted the 22nd day of January, 1996, a report was prepared for this improvement and, WHEREAS, Resolution No. 96-21 adopted the 12th Day of February, 1996, received the report and fixed a date for a City Council hearing on the following described improvement: BIRCH STREET TRUNK WATERMAIN AND WHEREAS, Certain questions and concerns raised by property owners relating to the construction of these improvements could only be answered and addressed after preparation of plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City finds it necessary to order the preparation of plans and specifications at this time. 2. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 12th day % F- • ruary 9 J n L. Landers, Mayor Marilyn Anderson, Clerk -Treasurer - The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on Olr�.�. Marilyn G. nderson, Clerk -Treasurer r f Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-23 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-4 WHEREAS, on April 26, 1990 the city council of the city of Lino Lakes (the "City") adopted a tax increment financing plan (the "TIF Plan") Tax Increment Financing District No. 1-4 ("TIF District No. 1-4"); and WHEREAS, in 1991 authority over TIF District No. 1-4 was transferred to the Lino Lakes Economic Development Authority (the "EDA"); and WHEREAS, the EDA proposes to modify the TIF Plan in order to delete certain parcels from TIF District No. 1-4; and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") requires that the City hold a public hearing on the proposed modified TIF Plan, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on March 25, 1996, at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District Nos. 12 and 831 and Anoka County at least 30 days prior to the public hearing and to invite their comments on the modified TIF Plan. RHB100128 LN140-11 3. The city staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: February 12, 1996 kandall Schumac er, City Administrator f,. J L. Landee ers, ayor The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. RHB100128 LN140-11 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 24 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") and the City Council of the City of Lino Lakes (the "City") have adopted a tax increment financing plan (the "TIF Plan") Tax Increment Financing District No. 1-7 ("TIF District No. 1-7"); and WHEREAS, the EDA proposed to modify the TIF Plan in order to authorize assistance WHEREA for two (2) industrial facilities and to add land to TIF District No. 1-7; and S, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") requires that the City hold a public hearing on the proposed modified TIF Plan, following approval thereof by the EDA, NOW, THEREF Minnesota as foll ORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, ws: 1. The City Clerk -Treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the City Council to consider this matter on March 25, 1996, 6:30 P.M. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but no more than 30 days prior to the public hearing. 2. The City Clerk -Treasurer is hereby authorized and directed to notify Independent School District No. 12 and Anoka County at least 30 days prior to the public hearing and. to invite their comments on the modified TIF Plan. 3. The City staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the City Council at the time of the public hearing. Adopted by the Lino Lakes City Counci this 12th day of February, 1996. hn L. Landers, Mayor RESOLUTION NO. 96 - 24 Page -2- M. 'lyn 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted