HomeMy WebLinkAbout09/09/1996 Council MinutesCOUNCIL MINUTES SEPTEMBER 9,1996
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESEN'
MEMBERS ABSENT
CITY OF LINO LAKES
MINUTES
: September 9, 1996
. 6:30 P.M.
. 10:03 P.1VM.
: Bergeson, Kuether, Landers, Lyden, Neal
: None.
Staff present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community
Development Director, Brian Wessel; City Engineer, David Ahrens; Finance Director, Mary
Vaske; and Clerk -Treasurer, Marilyn Anderson.
The following additions were proposed to the agenda: Mayor Landers requested the addition of
an update on the joint meeting with Dunn & Montain and the Charter Commission, as well as
consideration of a proposed block party under New Business.
Council Member Kuether requested the addition of Lino Lakes Survey prior to Open Mike.
Council Member Neal raised a question about an item on the disbursements proposed for
approval, specifically government buildings, $1776. Mary Vaske agreed to provide detailed
information in explanation of this item.
The agenda was approved as amended.
CONSENT AGENDA
Consideration of the Consent Agenda was delayed for additional information and can be found
later in these minutes.
LINO LAKES SURVEY
Council Member Kuether indicated that she received a telephone call from a Lino Lakes taxpayer
who expressed a positive reaction to the survey in general, but concern about difficulty
understanding the person asking the survey questions. She asked that Mr. Schumacher contact
the organization conducting the survey to request investigation into this situation to guarantee
that those making contact with survey participants are able to communicate clearly.
OPEN MIKE
Susan Miles, candidate for 10th District Judge, introduced herself to Council stating that there
are currently 12 attorneys running for 10th District Judge to be chambered in Stillwater. She
indicated the importance of voter turnout and asked for Council support and endorsement for the
primary election to be held on September 10, 1996. The primary election will result in selection
of two individuals whose names will appear on the November ballot, affording the rare
opportunity to elect a judge who is not running against an incumbent. Ms. Miles reviewed her
qualifications, including 18 years in law practice.
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COUNCIL MINUTES SEPTEMBER 9,1996
Steve Andre, 495 Ash Street, requested clarification of proposed MUSA reserve growth
consideration. Mayor Landers responded that consideration of the current MUSA issue will take
place later in this meeting, adding that in the event the proposal is approved certain criteria must
still be met prior to obtaining MUSA designation. Mr. Andre asked if pursuant to the
Comprehensive Plan input should be solicited from area property owners. Mr. Wessel explained
that based upon public input at the public hearing regarding interest in MUSA held two years
ago, a request was made to the Metropolitan Council for additional MUSA. The Metropolitan
Council indicated that additional MUSA reserve would not be granted until finalization of the
Comprehensive Plan with the exception of sewer districts 1, 4 and 6. Mr. Andre indicated that
although he resides in one of the excepted areas, he did not participate in that public hearing.
Mayor Landers asked that Mr. Andre express his concerns when this item is considered later on
this agenda. Mr. Wessel offered to provide Mr. Andre with a copy of the minutes from the
previous meeting during which this issue was addressed.
Rick LaFond, 653 Ironwood Circle, indicated that his neighbor plans to construct a shed which
will obstruct the LaFonds view of the nearby pond and ultimately result in the devaluation of his
property. He stated that contact with the neighbor resulted in a negative response. Mr. LaFond
implored Council to aid in stopping this construction from going forward, at least until an
alternative solution can be reached.
Council Member Neal asked whether or not the shed is an appropriate distance from the LaFonds
property line. Mr. LaFond stated that the proposed structure will be 5 feet from his property line.
Council Member Kuether suggested the possibility of an ordinance restricting further
construction on the property in that area to allow for review and approval of each proposal on an
individual basis. Mr. Wessel indicated that ordinances are currently being reviewed, and
attention will be paid to this issue.
Amy Donlin, 6100 Centerville Road, shared information from the Office of Environmental
Assistance regarding an upcoming conference which will address urban issues pertinent to Lino
Lakes' Comprehensive Plan. Additionally, Ms. Donlin expressed concern regarding the
proposed 141 -acre MUSA reserve addition.
CONSENT AGENDA
Following additional discussion, Council Member Kuether moved to approve the consent
agenda. Council Member Lyden seconded the motion. Motion carried unanimously.
ITEM
DISBURSEMENTS:
August 30, 1996
($8,017.96)
ACTION
September 9, 1996
($398,261.92, Check Nos. 45395 - 45489)
Centennial Fire District
Approved
Approved
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COUNCIL MINUTES SEPTEMBER 9,1996
(September 6, 1996) Approved
FINANCE DEPARTMENT REPORT, MARY VASKE
Consideration of Resolution No. 96 -100 Providing for Prepayment and Redemption of
Certain Outstanding General Obligation Bond - Mr. Shannon of Springsted, Inc. addressed
Council regarding this item, indicating that there are adequate funds on hand to retire the
temporary bond in its entirety on November 1, 1996.
Council Member Bergeson asked if this action will result in a gain or surplus to the closed bond
fund. Ms. Vaske responded no, it will use part of the area -and -unit fund. Council Member
Bergeson asked if the assessments will exceed the amount needed to pay the bond. Ms. Vaske
indicated that the amount of assessment will be determined by Council during this meeting.
Council Member Neal moved to adopt Resolution No. 96 - 100, as presented. Council Member
Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 100 can be found at the end of these minutes.
Consideration of Resolution No. 96 - 101 Awarding Sale of $4,685,000 General Obligation
Improvement Bonds, Series 1996A, and $3,320,000 General Obligation Water Revenue
Bonds, Series 1996B, Directing Execution and Delivery and Providing for Their Payment -
Mr. Shannon explained that following preparation and distribution of an offering statement to the
underwriting community and application to Moody's Investment Service for rating of the issues
based upon the City's overall present and future financial condition, bids have been taken on the
Series A General Obligation Bonds as well as Series B General Obligation Water Revenue
Bonds. Mr. Shannon requested that the Series A and Series B bonds be discussed simultaneously
and decided upon at this time. Following review of the bids received, it was recommended that
FBS Investment Services, Inc. be awarded purchase of the $4,685,000 General Obligation
Improvement Bonds, Series 1996 A, for the price of $4,637,681.50, at a true interest cost of
5.04783%; and, that Cronin & Company, Incorporated be awarded purchase of the $3,320,000
General Obligation Water Revenue Bonds, Series 1996B, for the price of $3,280.160, at a true
interest cost of 5.40782%.
Council Member Lyden asked what the interest rate would have been should issue have been at a
straight "A" rating. Mr. Shannon replied interest would probably have been approximately
another 5 basis points higher.
Council Member Bergeson asked what projects comprise the $4,685,000. Mr. Shannon stated
the projects are Centennial School, Pheasant Hills 7th Addition, Trappers' Crossing, Marshan
Lake Condos, 4th Avenue Trunk Utilities, and Cedar Avenue Lift Station.
Council Member Lyden asked if the length of time for repayment of the bonds is standard. Mr.
Shannon responded yes, that call had been set at a fairly aggressive rate.
Council Member Bergeson moved to adopt Resolution No. 96 - 101 awarding sale of the 1996A
and 1996B Bonds, as presented. Council Member Kuether seconded the motion. Motion carried
unanimously.
Resolution No. 96 - 101 can be found at the end of these minutes.
COUNCIL MINUTES SEPTEMBER 9, 1996
Consideration of an Agreement with Springsted, Inc. for Arbitrage Monitoring - Mr.
Shannon explained that with the issuance of the bonds described above, the City has exceeded
the $5,000,000 limit required for arbitrage reporting. In order for the City to be able to issue
future municipal debt, it is now committed to provide ongoing disclosure as required as well as
arbitrage reporting. Springsted has offered to assist the City in this undertaking. Springsted's
would be $400 annually and, if an official statement is due in a year that no debt is issued, an
additional fee of $1,300 per debt will be charged. Mr. Shannon explained that due to the
complex rules and regulations as well as potential liability involved in this process, many cities
contract with Springsted to supply this service.
Council Member Kuether asked why the fee to Springsted would be so much higher in a year
that no debt is issued. Mr. Shannon explained that in a year of no debt, additional documentation
must be prepared for secondary market disclosure whereas in a year when municipal debt is
issued this documentation is prepared in conjunction with the regular handling of the bond issue.
Council Member Kuether moved to approve the agreement with Springsted, Inc., as presented.
Council Member Lyden seconded the motion. Motion carried unanimously.
Set Truth in Taxation Hearing, December 5, 1996, 6:00 P.M. - Ms. Vaske explained that all
government entities are required to hold Truth in Taxation hearings to receive public input on the
proposed levy and general operating budget. Counties and school districts get first choice for
dates, and cities may not hold their hearings on the same dates. Ms. Vaske added that because of
the League National Convention, the only date available is December 5, 1996, with the
reconvening meeting, if needed, to be December 12, 1996. Final adoption of the 1997 tax levy
and general operating budget will take place at the final Council meeting of the year on
December 16, 1996. The time for these hearings would be 6:00 P.M.
Council Member Kuether moved to approve setting the Truth in Taxation Hearing for December
5, 1996 at 6:00 P.M. Council Member Bergeson seconded the motion. Motion carried
unanimously.
Consideration of Resolution No. 96 - 118, Adopting the Proposed 1996 Tax Levy
Collectable in 1997 - Ms. Vaske explained that Truth in Taxation requires that the City adopt a
proposed 1996 tax levy on or before September 15 of each year. The proposed levy may be
decreased when the final levy is adopted on December 5, but that the final levy cannot be more
than the proposed levy. Ms. Vaske added the total levy includes funds for the general operating
budget as well as for general bonded debt, and will be further reviewed by Council and Staff
between September 15 and November 22 for any necessary changes.
Council Member Lyden requested further discussion, as in reviewing the budget he is concerned
about going forward with the 2.25% increase.
Council Member Kuether agreed that prudent review is called for.
Council Member Lyden moved for a zero levy increase for 1997. Council Member Kuether
seconded the motion for purposes of discussion.
Council Member Bergeson reminded Council that one reason to approve the proposed levy was
the possibility that general obligation funds might be used for road reconstruction. If that
happens and there is no room in the budget to accommodate this work, it would have to be
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COUNCIL MINUTES SEPTEMBER 9,1996
delayed a year. A meeting with the Charter Commission between this date and finalization of the
budget should supply the necessary information regarding this particular budget issue.
Council Member Kuether indicated that she would agree with the levy at this time, but that
careful scrutiny is due this process prior to final approval of the budget.
Council Member Lyden asked about other sources for first-year funding for road construction
projects. Mr. Schumacher explained that some form of internal borrowing from another fund
might be possible. Mr. Hawkins stated that debt services funds could not be used. Ms. Vaske
indicated that historically, capital projects funds have been used in this manner.
Mayor Landers stated that he would only support a levy that goes toward road construction. He
added that the Charter prohibits taking funds from another account, and that the Charter would
have to be amended to allow for the necessary road reconstruction without a tax increase.
Mayor Landers called for roll call. Ms. Anderson polled Council, with the following responses:
Council Member Bergeson - against the motion for need of additional review and
information.
Council Member Kuether - against the motion, as proposing a zero increase would
leave the City with no options should funding for emergency situations be
required.
Council Member Lyden - in favor of the motion, as creative financing should be
pursued.
Council Member Neal - in favor of the motion.
Mayor Landers - against the motion, due to dire need for road reconstruction for
which these funds should be specifically designated.
Motion defeated for lack of a second.
Council Member Kuether moved to adopt Resolution No. 96 - 118, as presented. Council
Member Bergeson seconded the motion.
Council Member Bergeson clarified that the proposal is for a 2.25% increase, or $75,000. As
budget evaluation continues, that amount could be reduced.
Motion defeated for lack of majority vote.
Mayor Landers moved that the 2.25% increase be approved only if the funds would be
designated specifically for road repair and reconstruction. Council Member Bergeson seconded
the motion.
Council Member Kuether asked if there was discussion in the budget work session regarding the
Housing Redevelopment Authority fund. Mr. Schumacher indicated that only the septic system
program was discussed.
Council Member Kuether asked where the funds would come from should the City go forward
with the HRA fund. Mr. Schumacher responded that the Area and Unit fund could be accessed
for septic system work.
COUNCIL MINUTES SEPTEMBER 9,1996
Council Member Kuether raised the issue of levy to individual property owners, with the
possibility of coupling road reconstruction with sewer utility issues.
Mr. Schumacher suggested that Council would have until December 5 to address all of the issues
raised, and that by that time Council should be able to determine whether or not there is a need
for the proposed increase.
Council Member Kuether agreed that the increase should be included at this time, with
determination made prior to finalization of the budget whether or not the funds are necessary.
Mayor Landers asked Ms. Vaske if it was necessary to label the funds that would be derived
from the proposed increase. Ms. Vaske stated that the funds can be designated for a specific
purpose, if desired.
Council Member Neal asked about use of the funds for redevelopment. Council Member
Kuether indicated that such funding would be set aside for emergency purposes.
Council Member Lyden asked if $75,000 would be available from the current capital projects
fund. Ms. Vaske responded that this fund includes numerous sources, such as Area and Unit,
Dedicated Parks, New Construction, etc., which totals much more than $75,000.
Mayor Landers asked if the account can be designated at a later date. Ms. Vaske indicated that
designation at this time is not necessary.
Motion defeated for lack of majority vote.
Council Member Kuether moved to adopt Resolution No. 96 - 118, with the additional tax funds
collected to be placed in a reserve account. Council Member Bergeson seconded the motion.
Motion defeated for lack of majority vote.
Council Member Bergeson moved to adopt Resolution No. 96 - 118, with the additional tax
funds collected designated for road reconstruction and/or Housing Redevelopment Association
projects. Council Member Kuether seconded the motion.
Council Member Neal reiterated his desire to see a zero tax increase, with future funds being
earmarked for road reconstruction. Mayor Landers reminded Council that future funds would be
incoming on an incremental basis.
Mr. Wessel stated that on October 14 an HRA meeting will be held at which time this issue could
be determined.
Motion carried, with Council Members Lyden and Neal voting no.
Resolution No. 96 - 118 can be found at the end of these minutes.
Consideration of Resolution No. 96 -117, Adopting the Proposed 1997 Annual Operating
Budget - Ms. Vaske explained that Truth in Taxation requires the City to adopt a proposed 1997
operating budget on or before September 15 of each year. The proposed 1997 budget includes a
2.25% tax increase, representing $75,000 in additional funds. The department budgets within the
proposed budget will be further reviewed by Council and Staff between September 15 and
November 22, for necessary changes.
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COUNCIL MINUTES SEPTEMBER 9,1996
Council Member Bergeson moved to adopt Resolution No. 96 - 117, with the "reserve account"
designation changed to "road reconstruction and/or Housing Redevelopment Authority".
Council Member Kuether seconded the motion. Motion carried with Council Member Neal
voting no.
Resolution No. 96 - 117 can be found at the end of these minutes.
CONSIDERATION OF RESOLUTION NO. 96 -123 AND RESOLUTION NO. 96 -124
AUTHORIZING CABLE COMMISSION TRANSFER, RANDY SCHUMACHER
Mr. Schumacher explained that these resolutions represent a proposed transfer of ownership
involving sale of Meredith Cable to Continental Cable and sale of Continental Cable to U.S.
West. These proposals have undergone legal review, and Staff recommended adoption of these
resolutions.
Council Member Kuether asked about the need for two transfers of ownership. Mr. Schumacher
explained that presently U.S. West is purchasing Continental Cable, which is purchasing the
subject transmission service from Meredith Cable.
Council Member Kuether asked about change to the service, to which Mr. Schumacher
responded the service would remain the same, with no anticipated cost increase.
Council Member Kuether moved to adopt Resolution No. 96 - 123, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 123 can be found at the end of these minutes.
Council Member Lyden moved to adopt Resolution No. 96 - 124, as presented. Council Member
Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 96 - 124 can be found at the end of these minutes.
CONSIDERATION OF JOB RECLASSIFICATIONS, RANDY SCHUMACHER
Mr. Schumacher explained that there are currently three positions presented for reevaluation.
Positions are reevaluated when the duties and responsibilities of these positions have changed
significantly or when an individual completes course work and passes examinations that place
that individual on a higher level of expertise. Mr. Schumacher added that the employees
represented by the proposed reevaluations have met these criteria, and that computer analysis
determined continued pay equity compliance.
Mr. Schumacher also explained that over the next two weeks the City's pay program will be
reexamined and recommendations forthcoming regarding improvements to the current five-step
pay program. Staff recommended approval of the proposed job reclassifications.
Council Member Kuether pointed out that these reclassifications represent approximately $9,000
to be taken from the $80,000 remaining in that fund.
• Council Member Lyden expressed favor with reevaluation of the five-step pay program, adding
that consideration should be given to use of an outside entity for this purpose.
COUNCIL MINUTES SEPTEMBER 9, 1996
Council Member Kuether moved to approve the job reclassifications, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL
Consideration of a Recommendation to Add Two (2) Members (Julie Jeffrey -Schwartz and
Dean Tollefson) to the Economic Development Authority Advisory Board - Mr. Wessel
provided the following background with respect to this item: In 1994 Council approved a
recommendation by the Economic Development Authority Advisory Board (EDAAB) to
increase the voting membership on the Board from five to seven. The purpose of this change
was to enable the economic development team to benefit from additional expertise available
within the community.
At its August meeting, the Board voted unanimously to recommend that Julie Jeffrey -Schwartz
and Dean Tollefson be added to the EDAAB. Ms. Jeffrey -Schwartz is a Lino Lakes resident and
President of Lake State Realty Services which specializes in appraisal and consulting services for
units of government. Mr. Tollefson is a vice president at Firstar Bank in St. Anthony and
incoming President of the Minnesota Bankers Association. The EDAAB believes these two
individuals would constitute an excellent addition to the Board.
Mr. Wessel added that when Council approved the reappointment of the current five voting
members of the EDAAB in January, 1996, the recommendation was for any additions to the
Board to be appointed for one year, allowing for a continuum of staggered terms. The Board will
thus be comprised of three members with three-year terms, two with two-year terms, and two
with one-year terms. In order to continue staggered terms, the proposed new Board members'
terms would expire on December 31, 1996, at which time the EDAAB would recommend their
reappointment to three-year terms.
Council Member Kuether asked if Ms. Jeffrey -Schwartz if aware of a possible conflict of
interest. Mr. Wessel explained that at this time she is not conducting business in the City of Lino
Lakes, and cannot while serving on the EDAAB.
Council Member Bergeson moved to approve the recommendation to add Julie Jeffrey -Schwartz
and Dean Tollefson to the Economic Development Authority Advisory Board pursuant to the
terms outlined above. Council Member Neal seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 96 - 119, Authorizing Application for the Livable
Communities Demonstration Program - Mr. Wessel explained that the Metropolitan Livable
Communities Act authorized the Metropolitan Council to establish the Livable Communities
Demonstration Account, which makes grants or loans to communities participating in the Local
Housing Incentives Program. This demonstration account is designed to provide incentives for
and to test the market feasibility of livable, compact and efficient development. The program is
designed to encourage innovative land use projects that integrate commercial development,
housing and community institutions. One of the goals of the program is to fund projects that
constitute models or prototypes that can be applied elsewhere in the region.
Mr. Wessel stated that $4.6 million was made available in 1996. The first round of grants was
announced in February, going to the communities of St. Louis Park, Minnetonka, Minneapolis
and St. Paul. The City of Lino Lakes is applying for $220,500 for planning and marketing for
the Town Center. The next round of grants is scheduled to be announced in November. Staff is
hopeful that its submission to the Metropolitan Council for the Town Center will be recognized
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COUNCIL MINUTES SEPTEMBER 9,1996
as an innovative program which integrates multiple uses and provides the City with a special
identity. As part of the submission, the Metropolitan Council has requested that Council
authorize application for the grant represented by this Resolution No. 96 - 119.
Council Member Kuether expressed concern about restrictions that may be placed on the Town
Center project as a result of receiving these funds in this manner. Mr. Wessel explained that
review will take place in November, at which time concerns can be addressed and reviewed; but
that no restrictions are foreseen at this time.
Council Member Lyden raised the issue of publication regarding a police station being built in
the Town Center "next year". Mr. Wessel indicated that considerable planning remains to be
finalized, and that the article referred to by Council Member Lyden simply alludes to
possibilities.
Council Member Kuether moved to adopt Resolution No. 96 - 119, as presented. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 96 - 119 can be found at the end of these minutes.
Consideration of Approving Contract Between Blue Yonder Balloon Company and the
City of Lino Lakes - Mr. Wessel explained that the promotional program established to promote
the identity of Lino Lakes within and outside the community has included the use of Blue
Yonder Balloon Company's hot air balloon for the past two years. This balloon is an integral
part of that promotional campaign and has included highly -visible flights over the community
and surrounding areas this year.
Mr. Wessel added that with 1997 promising to be the year that development begins in Town
Center, the balloon will be an important and cost-effective part of that promotional program.
Therefore, Staff recommended approval of the annual contract beginning September 9, 1996, the
terms of said contract remaining the same as in the past.
Council Member Neal stated that he has received a number of positive comments regarding this
advertising tool.
Council Member Neal moved to approve the contract between Blue Yonder Balloon Company
and the City of Lino Lakes. Council Member Bergeson seconded the motion. Motion carried,
with Council Member Lyden voting no.
Consideration of MUSA Growth Area Reserve Criteria - Mr. Wessel explained that the
Metropolitan Council recently approved 150 net buildable acres of MUSA Reserve to the City of
Lino Lakes to be allocated to properties located south and east of the Rice Creek Chain of Lakes
Regional Park Reserve (Sewer Districts 1, 4, and 6). Presently 141 net acres remain and are
intended to be allocated on an interim basis through 1997-98. MUSA reserve should be
equitably distributed over a two-year period (mid 1996 through mid 1998), or prior to completion
of the Comprehensive Plan revision. MUSA reserve shall be allocated only to properties located
within Sewer Districts 1, 4, and 6. The interim MUSA Reserve criteria will provide a guideline
for consideration of requests for MUSA allocation, and shall be interpreted as appropriate on an
individual development project basis. Staff recommended approval of the interim MUSA
Reserve Criteria, which consists of the following:
1. An application for MUSA Reserve shall be considered at the time of Preliminary Plat
Approval.
COUNCIL MINUTES SEPTEMBER 9,1996
2. The property in question shall be zoned R-1 or R -1X, or a rezoning application shall be in
process in conjunction with the preliminary plat. MUSA would not be made available
without rezone approval.
3. The property in question must be immediately adjacent to existing MUSA.
4. Development of the property must be considered a natural utility extension.
5. Development of the property must be considered a natural extension of existing
roadways.
6. Development of the property shall be environmentally compatible with the surrounding
area.
7. Development of the property shall be consistent with the City's Comprehensive Park
Plan.
8. Development of the property shall be consistent with the City's Comprehensive Sewer
and Water Plan.
9. Development of the property shall not adversely effect the health, welfare, and general
safety of the community.
10. The proposed development shall comply with the City's Infill Policy as outlined by
Resolution No. 92 - 85.
11. Roadways serving the proposed development shall be determined adequate according to
City engineering standards to handle the additional traffic generated by the proposed
development or a financial commitment shall be made by the developer to upgrade said
roadway(s).
Council Member Bergeson asked who would make the determination that these criteria are met.
Mr. Wessel indicated that Staff would conduct initial review, and present its findings to Council
for final decision.
Council Member Lyden asked if criterion No. 11 would cause a developer to be held responsible
for financing road reconstruction above and beyond the amount allowed by Statute 429.
Attorney Hawkins responded no.
Council Member Kuether raised the issue of who would interpret a standard as its application
arises.
Council Member Lyden suggested that this matter be tabled until the criteria could be further
evaluated.
Council Member Bergeson requested clarification of criterion No. 12. Council Member Kuether
explained that the allocation would not be cumulative; if not used, the entire allocation would not
be carried over into the next period.
Council Member Lyden expressed concern regarding establishment of a MUSA Reserve.
Mayor Landers asked if a public hearing would be required for allocation of MUSA reserve. Mr.
Hawkins stated that a public hearing regarding allocation of MUSA would be coupled with a
rezoning request, but would not occur automatically. Mayor Landers indicated that a separate
public hearing should be held with respect to allocation of MUSA.
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COUNCIL MINUTES SEPTEMBER 9,1996
Council Member Bergeson asked Mr. Hawkins to clarify whether or not approval of the
suggested criteria would take precedence over existing ordinance requirements, should a conflict
arise. Attorney Hawkins stated that there would be no conflict, as it is merely criteria applicable
to consideration of a proposal that would involve rezoning and MUSA allocation.
Council Member Lyden suggested waiting until the Comprehensive Plan is completed to set
these criteria; that cluster development be an option; that the City wait until 2003, when a
significant portion of the tax base becomes available; and, need for balance between residential
and nonresidential tax base. He stated that this proposal is ill-timed.
Mayor Landers asked how the City should handle MUSA in the interim, should the City wait
until the year 2003 to implement allocation. Council Member Lyden suggested that waiting
would not impair the quality of life Lino Lakes residents now enjoy.
Mayor Landers invited brief input from the audience.
Yvonne Kinney, 6299 Red Maple Lane, asked how the new development will effect the new
school being built. She expressed concern that the MUSA proposal will attract new developers.
Mike Trehus, 675 Shadow Court, asked how the subject fits with maintaining the City's interests.
Council Member Kuether explained that the proposed guidelines would allow for control over
allocating existing MUSA.
Mr. Wessel explained that the designation of the subject 150 acres was the direct result of
landowners in that area requesting MUSA designation.
Mr. Trehus asked what would be lost if this proposal were delayed. Mr. Wessel explained that
requests for rezoning are coming, and that Staff and Council need guidelines for evaluating the
requests.
Mayor Landers reiterated the necessity for guidelines in the event of such requests.
Mr. Trehus then asked what would be gained by tabling or denying this proposal. Council
Member Kuether indicated that in all likelihood the matter would have to be tabled for further
review.
Council Member Lyden reiterated the City's goals as gains that could be made by delaying this
matter.
Council Member Lyden moved to abolish the 141 acres of MUSA reserve. Council Member
Bergeson seconded the motion for purposes of discussion.
Council Member Lyden stated that in his opinion additional review should take place with
attention to all possibilities for impact on the community.
Motion failed for lack of a majority vote.
Council Member Bergeson moved to adopt the 11 criteria proposed by Staff, add a 12th criterion
and clarify the 11 th criterion. Clarification of No. 11:
COUNCIL MINUTES SEPTEMBER 9, 1996
Roadways serving the proposed development shall be determined adequate
according to City Engineering Standards to handle additional traffic generated by
the proposed development as determined by an independent traffic engineer.
If the roadways serving the proposed development are determined to be
inadequate (see the Lino Lakes Comprehensive Thoroughfare Plan for street
designation and City Engineering Standards for construction of that particular
designation) the development proposal shall be denied or the developer shall
make a financial commitment to upgrade said roadways to City Engineering
standards.
12. The MUSA is to be allocated in the following manner: 50 acres in 1996, 50 acres
in 1997, and 50 acres in 1998.
Council Member Lyden seconded the motion for purposes of discussion.
Council Member Lyden presented a scenario where a developer makes a proposal that falls short
of financing an adequate roadway.
Council Member Bergeson reminded the group that the issue before Council at this time is
adoption of the suggested guidelines.
Council Member Kuether reiterated her concern over criterion No. 11, but indicated acceptance
with knowledge that any proposal can be denied based upon Council's dissatisfaction with
compliance with No. 11.
Motion carried, with Council Member Lyden voting no.
Mayor Landers called a brief recess at 9:30 P.M.
Mayor Landers reconvened the meeting at 9:38 P.M.
CITY ENGINEER'S REPORT, DAVID AHRENS
Consideration of Resolutions Declaring Costs to be Assessed and Order Preparation of
Proposed Assessment - Mr. Ahrens explained that seven projects have progressed to the point
where assessment rolls can be prepared. Costs for each improvement have been calculated by
the City Engineer and consulting engineers, and resolutions have been prepared ordering the
preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter require a
formal resolution ordering preparation of an assessment roll for each improvement project. Mr.
Ahrens stated that each resolution requires a separate vote by Council.
Mr. Schumacher explained that these assessments will pay the bond issues reviewed earlier in
this meeting.
I. Resolution No. 96 - 102, Behm's Century Farm, Phase I
Council Member Bergeson moved to adopt Resolution No. 96 - 102, as presented. Council
Member Kuether seconded the motion. Motion carried unanimously.
Resolution No. 96 - 102 can be found at the end of these minutes.
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COUNCIL MINUTES SEPTEMBER 9,1996
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Resolution No. 96 -103, Clearwater Creek, Phase I
Council Member Kuether moved to adopt Resolution No. 96 - 103, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 103 can be found at the end of these minutes.
III. Resolution No. 96 - 104, Lino Air Park North
Council Member Bergeson moved to adopt Resolution No. 96 - 104, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 104 can be found at the end of these minutes.
IV. Resolution No. 96 - 105, Marshan Lake Condominiums
Council Member Kuether moved to adopt Resolution No. 96 - 105, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 105 can be found at the end of these minutes.
V. Resolution No. 96 -106, Trapper's Crossing, Phase I
Council Member Kuether moved to adopt Resolution No. 96 - 106, as presented. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 96 - 106 can be found at the end of these minutes.
VI. Resolution No. 96 -108, Lake Drive (County Road 23) and T.H. #49 (Hodgson
Road) Intersection Improvement
Council Member Kuether moved to adopt Resolution No. 96 - 108, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 108 can be found at the end of these minutes.
VII. Resolution No. 96 -121, Rice Lake Estates Letter of Map Revision
Council Member Bergeson moved to adopt Resolution No. 96 - 121, as presented. Council
Member Kuether seconded the motion. Motion carried unanimously.
Resolution No. 96 - 121 can be found at the end of these minutes.
Resolutions Setting Public Hearing for Proposed Assessments - Mr. Ahrens explained that
now that total cost of assessments have been declared, public hearings are required to levy the
assessments. The following resolutions set the public hearings for October 14, 1996, at 6:45
P.M. Each resolution requires a separate vote by Council.
I. Resolution No. 96 -109, Behm's Century Farm, Phase I
COUNCIL MINUTES SEPTEMBER 9,1996
Council Member Neal moved to adopt Resolution No. 96 - 109, as presented. Council Member
Kuether seconded the motion. Motion carried unanimously.
Resolution No. 96 - 109 can be found at the end of these minutes.
II. Resolution No. 96 - 110, Clearwater Creek, Phase I
Council Member Kuether moved to adopt Resolution No. 96 - 110, as presented. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 96 - 110 can be found at the end of these minutes.
III. Resolution No. 96 - 111, Lino Air Park North
Council Member Lyden moved to adopt Resolution No. 96 - 111, as presented. Council Member
Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 96 - 111 can be found at the end of these minutes.
IV. Resolution No. 96 - 112, Marshan Lake Condominiums
Council Member Kuether moved to adopt Resolution No. 96 - 112, as presented. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 96 - 112 can be found at the end of these minutes.
V. Resolution No. 96 - 113, Trapper's Crossing, Phase I
Council Member Kuether moved to adopt Resolution No. 96 - 113, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 113 can be found at the end of these minutes.
VI. Resolution No. 96 -115, Lake Drive (County Road #23) and T.H. #49 (Hodgson
Road) Intersection Improvement
Council Member Bergeson moved to adopt Resolution No. 96 - 115, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 115 can be found at the end of these minutes.
VII. Resolution No. 96 -122, Rice Lake Estates Letter of Map Revision
Council Member Kuether moved to adopt Resolution No. 96 - 122, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 122 can be found at the end of these minutes.
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COUNCIL MINUTES SEPTEMBER 9,1996
Consideration of Approval of Consulting Engineer Agreement - Remedial Investigation for
Underground Storage Tank Removal - Mr. Ahrens gave the following background for this
item: The City currently has an underground storage tank and fuel dispensing system that has
been replaced by a new fuel storage tank and fuel dispensing system. The abandonment of the
existing system must follow Minnesota Pollution Control Agency (MPCA) rules that include the
following phases:
1. Pre -removal Site Assessment - This phase is complete with the report sent to the MPCA.
The report states that the existing underground storage tanks "appear to be associated
with a petroleum release" and remedial actions are required to be taken.
2. Remedial Investigation - This is the current phase of the cleanup project. This phase
determines the degree and extent of the contamination.
3. Prepare cleanup plan - The Corrective Action Design includes a specific plan to achieve
soil cleanup goals.
4. Perform cleanup.
5. Apply for reimbursement from Petrofund.
Each phase of the cleanup process is eligible for Petrofund assistance. This assistance can be up
to 90% of the cost to perform each of the above-mentioned phases. Ineligible costs are the
responsibility of the City and have been included in the 1996 budget.
Mr. Ahrens stated that two proposals were solicited per MPCA rules to perform a remedial
investigation of the release site. Wenck Associates, Inc. submitted a proposal in the amount of
$8,558, and STS Consultants, Ltd. submitted a proposal in the amount of $8,968. Although STS
Consultants performed Phase 1 of the work and has some local knowledge of the site cleanup,
Staff recommended that Wenck Associates receive approval to perform the remedial
investigation work.
Mayor Landers asked for clarification as to payment for these services. Mr. Ahrens explained
that the City pays for the services and is reimbursed through Petrofund.
Mayor Landers asked about the timeline for total cleanup. Mr. Ahrens explained that it is
expected to have cleanup completed this Fall.
Council Member Kuether moved to approve the consulting engineer agreement with Wenck
Associates, Inc. for remedial investigation for underground storage tank removal, as presented.
Council Member Lyden seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 96 -116, Approving Agreement with St. Paul Water
Utility, Birch Street Trunk Watermain Project - Mr. Ahrens explained that this construction
of the Birch Street trunk watermain project is essentially complete, having extended the City's
trunk watermain from the intersection of Sherman Lake Road and Birch Street to Otter Lake
Road east of 35E. The project included the crossing of St. Paul Water Utility right-of-way
located approximately 300 feet east of Sherman Lake Road along Birch Street. The Board of
Water Commissioners approved the subject Agreement on July 8, 1996, requesting that Council
approval be obtained for the Sixth Rider to the 1966 Agreement between the Board of Water
Commissioners and the City of Lino Lakes.
COUNCIL MINUTES SEPTEMBER 9, 1996
Council Member Kuether moved to adopt Resolution No. 96 - 116, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 116 can be found at the end of these minutes.
CONSIDERATION OF ACCEPTING RESIGNATION OF RECEPTIONIST AND
AUTHORIZATION OF ADVERTISEMENT OF POSITION, RANDY SCHUMACHER
Mr. Schumacher explained that the City Receptionist submitted her resignation effective
September 13, 1996. She has accepted a new position with the City of Cottage Grove in the
Economic Development Department. Mr. Schumacher added that she will be missed, and is
wished the best of luck in her new position. Staff recommended acceptance of her resignation
and authorization to advertise the vacancy.
Council Member Neal moved to accept the resignation of the receptionist and authorize
advertisement of the position, as presented. Council Member Kuether seconded the motion.
Motion carried unanimously.
OLD BUSINESS - None.
NEW BUSINESS
Consideration of a Letter of Support for the Anoka County Conference on Children and
Youth, Randy Schumacher - Mr. Schumacher reviewed correspondence indicating that the
Anoka County Conference on Children and Youth is scheduled for April 30 and May 1, 1997, at
the Blaine National Sports Center. It is hoped that the Conference will accomplish the
following: (1) Inform people about youth and resources for youth in the County; (2) inspire
adults to get involved in youths' lives; and, (3) unify around youth in the County by motivating
communities to actively build assets in their youth. In September the Planning team will be
asking the County Board for financial support for this conference. Correspondence has been
drafted supporting the Conference, and Council support is recommended.
Mayor Landers asked how much money is needed. Mr. Schumacher did not have an amount
available.
Council Member Kuether moved that the City prepare a letter of support for the Anoka County
conference on Children and Youth. Council Member Neal seconded the motion. Motion carried
unanimously.
Consideration of Resolution No. 96 - 120, Accepting Donation From VFW, Post No. 6583,
Ladies Auxiliary, Marilyn Anderson - Ms. Anderson explained that the goal of the Lino Lakes
Police Department is to enhance volunteerism within the community by utilizing the reserve
officer program. The Ladies Auxiliary of Post No. 6583 is aware of this goal and has donated
$500 toward the cost of administering the program. Resolution No. 96 - 120 is recommended to
express the City's gratitude for this donation.
Council Member Neal moved to adopt Resolution No. 96 - 120, as presented. Council Member
Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 120 can be found at the end of these minutes.
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COUNCIL MINUTES SEPTEMBER 9,1996
Consideration of Block Party - Ms. Anderson explained that she received a telephone request
for a block party on September 21, 1996. In light of the fact that this event is scheduled to take
place prior to the next regularly -scheduled Council meeting, Ms. Anderson is requesting
consideration of the request at this time. She added that the location of the proposed block party
is the dead end of Oakwood Lane, and only one resident did not sign the application.
Council Member Neal moved that the Oakwood Lane block party be approved, subject to
approval by the Police Department and Public Works Department. Council Member Kuether
seconded the motion. Motion carried unanimously.
Update, Meeting Mayor, Montain, Don Dunn - Mayor Landers explained that the purpose of
this meeting is to review the City Charter with respect to public improvement provisions.
Public Safety Citizens Academy - Mr. Schumacher announced that the Academy has been
scheduled for October 26, November 3, 10, 17 and 24, 1996, being five consecutive Thursdays,
at the Centennial Fire Station. Interested parties should contact Chief Pecchia at the Police
Department.
Christmas Donations - Council Member Neal announced that preparations have begun for the
annual Christmas donations of food, toys, etc. by Neal, Mile Bennett, Sergeant Bill Hammes, and
another Police sergeant.
ADJOURN
Council Member Neal moved to adjourn at 10:03 P.M. Council Member Lyden seconded the
motion. Motion carried unanimously.
These minutes were considered, corrected, and approved at the regular Council Meeting, October
13, 1997.
Marilyn derson, Clerk -Treasurer . Landers, Mayor
Transcribed by:
Judy Pope
TimeSaver Off -Site Secretarial, Inc.
Extract of Minutes of Meeting of the
City Council of the City of Lino Lakes,
Anoka County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the Council of the
City of Lino Lakes, Minnesota, was duly held in the City Hall in the City of Lino
Lakes, on Monday, September 9, 1996, commencing at 6:30 o'clock P.M.
The following members were present:
and the following were absent:
* * * * * * * * *
Member Neal introduced the following written resolution and moved
its adoption the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 96 - 100
RESOLUTION PROVIDING FOR THE PREPAYMENT AND
REDEMPTION OF CERTAIN OUTSTANDING
GENERAL OBLIGATION BONDS OF THE CITY
BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka
County, Minnesota, as follows:
1. The City has issued and sold its General Obligation Temporary
Improvement Bonds, Series 1994A, dated November 1, 1994 (Bonds) in the total
principal amount of $2,095,000. Bonds maturing after November 1, 1996, are subject
to redemption and prepayment on that and on any interest payment date thereafter
at a price of par plus accrued interest.
2. It is determined that it is in the best interests of the sound financial
management of the City that Bonds maturing on November 1, 1997, be prepaid and
redeemed on November 1, 1996 and those Bonds are hereby called for redemption on
that date.
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3. The City Clerk -Treasurer is authorized and directed to mail a copy of
the notice of redemption in the form attached hereto as Exhibit A to the registrar for
the Bonds and to the original purchaser of the Bonds.
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: None.
whereupon said resolution was declared duly passed and adopted.
DJK108681
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
) SS.
I, the undersigned, being the duly qualified and acting Clerk -Treasurer of
the City of Lino Lakes, Minnesota, do hereby certify that I have carefully compared
the attached and foregoing extract of minutes of a regular meeting of the City
Council held on Monday, September 9, 1996, with the original thereof on file in my
office and the same is a full, true and complete transcript therefrom insofar as the
same relates to the prepayment and redemption of $2,095,000 General Obligation
Temporary Improvement Bonds, Series 1994A, of the City.
WITNESS My hand as Clerk -Treasurer and the corporate seal of the City this
/0 day of
(SEAL)
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LN140-53
, 1996.
City Cler -Treasurer
City of Lino Lakes, Minnesota
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NOTICE OF CALL FOR REDEMPTION
$2,095,000 GENERAL OBLIGATION TEMPORARY
IMPROVEMENT BONDS, SERIES 1994A
CITY OF LINO LAKES,
ANOKA COUNTY, MINNESOTA
CUSIP Number Rate Principal Called
536060 CYO 4.90% $2,095,000
EXHIBIT A
Maturity Date
November 1, 1997
NOTICE IS HEREBY GIVEN that the City of Lino Lakes, Minnesota, has called
for redemption on November 1, 1996, the aggregate principal amount outstanding of
its General Obligation Temporary Improvement Bonds, Series 1994A, dated November
1, 1994.
The Bonds are being redeemed at a price of par plus accrued interest to the
redemption date. On said date the principal amount and interest of each bond to be
redeemed will become due and payable, and from and after said date interest thereon
will cease to accrue and be payable.
The Registrar will not be responsible for the selection or use of the CUSIP
number, nor is any representation made as to the correctness indicated in the
Redemption Notice or on any Bond. It is included solely for convenience of the
Holders .
A Form W-9, Payer's Request for Taxpayer Identification Number, must be
completed and returned with the called bond or a specified percentage of the bond
redemption proceeds will be withheld. Payment of principal and accrued interest to
the redemption date of the bonds to be redeemed will be made on and after November
1, 1996 upon receipt of said bond, together with the completed Form W-9 to the
following address:
Norwest Bank Minnesota, N.A.
Attention: Corporate Trust Operations
255 Second Avenue South
Minneapolis, MN 55479-0113
If you request payment of principal and/or interest via wire transfer please
be advised there is a fee which will be deducted from your payment.
Dated: September 9, 1996.
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LN140-53
BY ORDER OF THE CITY COUNCIL
/ s / Marilyn Anderson
City Clerk -Treasurer
After due consideration of the proposals, Member Bergeson then introduced •
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption:
RESOLUTION NO. 96 - 101
A RESOLUTION AWARDING THE SALE OF $3,320,000 GENERAL
OBLIGATION WATER REVENUE BONDS,
SERIES 1996B; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County,
Minnesota (City) as follows:
Section 1. Sale of Bonds.
1.01. The proposal of Cronin & Company, Incorporated (Purchaser) to
purchase $3.320,000 General Obligation Water Revenue Bonds. Series 1996B (Bonds) of the City
described in the Terms of Proposal thereof is found and determined to be a reasonable offer and
is accepted, the proposal being to purchase the Bonds at a price of $ 3, 280,160 plus accrued
interest to date of delivery, for Bonds bearing interest as follows:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1998 4.107 2006 5.107.
1999 4.35 2007 5.20
2000 4.50 2008 5.30
2001 4.60 2009 5.40
2002 4.70 2010 5.50
2003 4.80 2011 5.60
2004 4.90 2012 5.70
2005 5.00
True interest cost: 5.40782
1.02. The sum of $ 4,910.00 being the amount proposed by the Purchaser in excess
of $3,275,250 will be credited to the Debt Service Fund hereinafter created. The City Clerk -
Treasurer is directed to deposit the good faith check of the Purchaser, pending completion of the
DJIC10 8 78 5
LN140-52
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sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith.
The Mayor and City Clerk -Treasurer are directed to execute a contract with the Purchaser on
behalf of the City.
1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Section 444.075 (Act), in the total principal amount of $3,320,000, originally dated October 1,
1996, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, -
upward, bearing interest as above set forth, and maturing serially on February 1 in the years and
amounts as follows:
Year Amount Year Amount
1998 $ 85,000 2006 $190,000
1999 150,000 2007 200,000
2000 145,000 2008 210,000
2001 155,000 2009 345,000
2002 160,000 2010 365,000
2003 165,000 2011 385,000
2004 175,000 2012 405,000
2005 185,000
1.04. Optional Redemption. The City may elect on February 1, 2007, and on any day
thereafter to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or
in part and if in part, at the option of the City and in such manner as the City will determine.
If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as
defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will
determine by lot the amount of each participant's interest in such maturity to be redeemed and
each participant will then select by lot the beneficial ownership interests in such maturity to be
redeemed. Prepayments will be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds will be payable on February 1 and August 1 of each year, commencing August 1,
DJK108785
LN140-52
1997, to the registered owners of record thereof as of the close of business on the fifteenth day
of the immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in
form satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, one or more new
Bonds of a like aggregate principal amount and maturity, as requested by the transferor.
The Registrar may, however, close the books for registration of any transfer after the
fifteenth day of the month preceding each interest payment date and until that interest
payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner's attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or
on account of, the principal of and interest on the Bond and for all other purposes, and
payments so made to a registered owner or upon the owner's order will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
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(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount,
number, maturity date and tenor in exchange and substitution for and upon cancellation
of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of
the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in
which both the City and the Registrar must be named as obligees. Bonds so surrendered
to the Registrar will be cancelled by the Registrar and evidence of such cancellation must
be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured
or been called for redemption in accordance with its terms it is not necessary to issue a
new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
notice thereof identifying the Bonds to be redeemed will be given by the Registrar by
mailing a copy of the redemption notice by first class mail (postage prepaid) not more
than 60 and not less than 30 days prior to the date fixed for redemption to the registered
owner of each Bond to be redeemed at the address shown on the registration books kept
by the Registrar and by publishing the notice if required by law. Failure to give notice
by publication or by mail to registered owners, or any defect therein, will not affect the
validity of the proceedings for the redemption of Bonds. Bonds so called for redemption
will cease to bear interest after the specified redemption date, provided that the funds for
the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints
Norwest Bank Minneosta, N.A. , Minneapolis , Minnesota, as the initial
Registrar. The Mayor and the City Clerk -Treasurer are authorized to execute and deliver, on
behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar
with another corporation, if the resulting corporation is a bank or trust company authorized by
law to conduct such business, the resulting corporation is authorized to act as successor Registrar.
The City agrees to pay the reasonable and customary charges of the Registrar for the services
performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon
the appointment of a successor Registrar, in which event the predecessor Registrar must deliver
all cash and Bonds in its possession to the successor Registrar and must deliver the bond register
to the successor Registrar. On or before each principal or interest due date, without further order
of this Council, the City Clerk -Treasurer must transmit to the Registrar moneys sufficient for the
payment of all principal and interest then due.
DJK108785
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2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Clerk -Treasurer and executed on behalf of the City by the signatures of the
Mayor and the City Clerk -Treasurer, provided that all signatures may be printed, engraved or
lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose
signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that
signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until delivery. Notwithstanding such execution, a Bond will not
bevalid or obligatory for any purpose or entitled to any security or benefit under this Resolution
unless and until a certificate of authentication on the Bond has been duly executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on a Bond is conclusive evidence that it has been authenticated and delivered under
this Resolution. When the Bonds have been so prepared, executed and authenticated, the City
Clerk -Treasurer will deliver the same to the Purchaser upon payment of the purchase price in
accordance with the contract of sale heretofore made and executed, and the Purchaser is not
obligated to see to the application of the purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive
Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3
with such changes as may be necessary to reflect more than one maturity in a single temporary
bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be
exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
[Face of the Bond]
No. R -
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
GENERAL OBLIGATION WATER REVENUE
BOND, SERIES 1996B
Date of
Rate Maturity Original Issue
October 1, 1996
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CUSIP
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Registered Owner: Cede & Co.
The City of Lino Lakes, Minnesota, a duly organized and existing municipal corporation
in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $ on the maturity date specified above, with interest thereon from
the date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
commencing August 1, 1997, to the person in whose name this Bond is registered at the close
of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by
, Minnesota, as Bond Registrar, Paying Agent,
Transfer Agent and Authenticating Agent, or its designated successor under the Resolution
described herein. For the prompt and full payment of such principal and interest as the same
respectively become due, the full faith and credit and taxing powers of the City have been and
are hereby irrevocably pledged.
The City may elect on February 1, 2007, and on any day thereafter to prepay Bonds due
on or after February 1, 2008. Redemption may be in whole or in part and if in part, at the option
of the City and in such manner as the City will determine. If less than all Bonds of a maturity
are called for redemption, the City will notify The Depository Trust Company (DTC) of the
particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot
the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a
price of par plus accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for
financial institutions and within the $10 million limit allowed by the Code for the calendar year
of issue.
Additional provisions of this Bond contained on the reverse hereof have the same effect
as though fully set forth in this place.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
DJK108785
IN140-52
IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures
of the Mayor and City Clerk -Treasurer and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF LINO LAKES, MINNESOTA
(Facsimile) (Facsimile)
City Clerk -Treasurer Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
Authorized Representative
[Reverse of the Bond]
This Bond is one of an issue in the aggregate principal amount of $3,320,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on September 9, 1996
(the Resolution), for the purpose of providing money to aid in financing various improvements
to the water system of the City, pursuant to and in full conformity with the home rule charter of
the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes,
Section 444.075 and the principal hereof and interest hereon are payable primarily from the net
revenues of the water system of the City in a special debt service fund of the City, as set forth
in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond
and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the
City in the event of any deficiency in net revenues pledged, which taxes may be levied without
limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds
in denominations of $5,000 or any integral multiple thereof of single maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has
covenanted and agreed that it will continue to own and operate the water plant system free from
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competition by other like utilities; that adequate insurance on said plant and system and suitable
fidelity bonds on employees will be carried; that proper and adequate books of account will be
kept showing all receipts and disbursements relating to the Water Fund, into which it will pay
all of the gross revenues from the water system; that it will also create and maintain a General
Obligation Water Revenue Bonds, Series 1996B Debt Service Fund, into which it will pay, out
of the net revenues from the water system a sum sufficient to pay principal hereof and interest
thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in
required net water system revenues.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner,
of the same aggregate principal amount, bearing interest at the same rate and maturing on the
same date, subject to reimbursement for any tax, fee or governmental charge required to be paid
with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws
of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and
in the issuance of this Bond in order to make it a valid and binding general obligation of the City
in accordance with its terms, have been done, do exist, have happened and have been performed
as so required, and that the issuance of this Bond does not cause the indebtedness of the City to
exceed any constitutional, statutory limitation of indebtedness.
The following abbreviations, when used in the inscription on the face of this Bond, will
be construed as though they were written out in full according to applicable laws or regulations:
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TEN COM -
TEN ENT -
JT TEN --
- as tenants UNIF GIFT MIN ACT Custodian
in common (Cust) (Minor)
- as tenants
by entireties
as joint tenants with
right of survivorship and
not as tenants in common
under Uniform Gifts or
Transfers to Minors
Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of
substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a [member of the Medallion Signature Program.] [national
bank or trust company or by a brokerage firm having a membership in one of the major stock
exchanges.]
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
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Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Date of Registration
Signature of
Registered Owner Officer of the Registrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Clerk -Treasurer will obtain a copy of the proposed approving legal
opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete
except as to dating thereof and will cause the opinion to be printed on or accompany each Bond.
Section 4. Payment: Security; Pledges and Covenants.
4.01. (a) The City will create and continue to operate its Water Fund to which will
be credited all gross revenues of the water system and out of which will be paid all
normal and reasonable expenses of current operations of the water system. Any balance
therein are deemed net revenues and will be transferred, from time to time, to a General
Obligation Water Revenue Bonds, Series 1996 Debt Service Fund (Debt Service Fund)
hereby created in the Water Fund, which fund will be used only to pay principal of and
interest on the Bonds and any other bonds similarly authorized. There will always be
retained in the Debt Service Fund a sufficient amount to pay principal of and interest on
all the Bonds described in the resolution authorizing the sale of the Bonds, and the Clerk -
Treasurer must report any current or anticipated deficiency in the Debt Service Fund to
the City Council. There is appropriated to the Debt Service Fund (i) capitalized interest
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financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price
of the Bonds paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser
upon closing and delivery of the Bonds.
(b) The proceeds of the Bonds, less the appropriations made in paragraph (a),
together with any other funds appropriated during the construction of the Projects financed
by the Bonds (as identified in Resolution No. 96-90) (Projects) will be deposited in a
separate construction fund to be used solely to defray expenses of the Projects and the
payment of principal and interest on the Bonds prior to the completion and payment of
all costs of the Projects. When the Projects are completed and the cost thereof paid, the
construction account is to be closed and any balance therein is to be deposited in the Debt
Service Fund.
4.02. The City Council covenants and agrees with the holders of the Bonds that so long
as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following
covenants and agreements:
(a) The City will continue to maintain and efficiently operate the water system
as public utilities and conveniences free from competition of other like utilities and will
cause all revenues therefrom to be deposited in bank accounts and credited to the water
system accounts as hereinabove provided, and will make no expenditures from those
accounts except for a duly authorized purpose and in accordance with this resolution.
(b) The City will also maintain the Debt Service Fund as a separate account
in the Water Fund and will cause money to be credited thereto from time to time, out of
net revenues from the water plant and system in sums sufficient to pay principal of and
interest on the Bonds when due.
(c) The City will keep and maintain proper and adequate books of records and
accounts separate from all other records of the City in which will be complete and correct
entries as to all transactions relating to the sewer plant and system and which will be open
to inspection and copying by any bondholder, or the bondholder's agent or attorney, at
any reasonable time, and it will furnish certified transcripts therefrom upon request and
upon payment of a reasonable fee therefor, and said account will be audited at least
annually by a qualified public accountant and statements of such audit and report will be
furnished to all bondholders upon request.
(d) The City Council will cause persons handling revenues of the water system
to be bonded in reasonable amounts for the protection of the City and the bondholders and
will cause the funds collected on account of the operations of the water system to be
deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance
Law.
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(e) The Council will keep the water system insured at all times against loss by
fire, tornado and other risks customarily insured against with an insurer or insurers in
good standing, in such amounts as are customary for like plants, to protect the holders,
from time to time, of the Bonds and the City from any loss due to any such casualty and
will apply the proceeds of such insurance to make good any such loss.
(f) The City and each and all of its officers will punctually perform all duties
with reference to the water system as required by law.
(g) The City will impose and collect charges of the nature authorized by
Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce,
net revenues adequate to pay all principal and interest when due on the Bonds and to
create and maintain such reserves securing said payments as may be provided in this
resolution.
(h) The City Council will levy general ad valorem taxes on all taxable property
in the City, when required to meet any deficiency in net revenues.
4.03. It is hereby determined that the estimated collection of net revenues for the
payment of principal and interest on the Bonds will produce at least five percent in excess of the
amount needed to meet, when due, the principal and interest payments on the Bonds and that no
tax levy is needed at this time.
Section 5. Authentication of Transcript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records
of the City relating to the Bonds and to the financial condition and affairs of the City, and such
other certificates, affidavits and transcripts as may be required to show the facts within their
knowledge or as shown by the books and records in their custody and under their control, relating
to the validity and marketability of the Bonds, and such instruments, including any heretofore
furnished, will be deemed representations of the City as to the facts stated therein.
5.02. The Mayor and City Clerk -Treasurer are authorized and directed to certify that they
have examined the Official Statement prepared and circulated in connection with the issuance and
sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a
complete and accurate representation of the facts and representations made therein as of the date
of the Official Statement.
Section 6. Tax Covenant.
6.01. The City covenants and agrees with the holders from time to time of the Bonds
that it will not take or permit to be taken by any of its officers, employees or agents any action
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which would cause the interest on the Bonds to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated
thereunder, in effect at the time of such actions, and that it will take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. The City will comply with requirements necessary under the Code to establish and
maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States if the Bonds (together with other obligations
reasonably expected to be issued in calendar year 1996) exceed the small -issuer exception amount
of $5,000,000.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 1996 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 1996 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
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Section 7. Book -Entry System; Limited Obligation of City.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by
the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company,
New York, New York, and its successors and assigns (DTC). Except as provided in this section,
all of the outstanding Bonds will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(Participants) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a
registered owner of Bonds, as shown by the registration books kept by the Bond Registrar), of
any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any Participant or any other person, other than a registered owner of Bonds, of any amount with
respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar
and the Paying Agent may treat and consider the person in whose name each Bond is registered
in the registration books kept by the Bond Registrar as the holder and absolute owner of such
Bond for the purpose of payment of principal, premium and interest with respect to such Bond,
for the purpose of registering transfers with respect to such Bond, and for all other purposes. The
Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on
the order of the respective registered owners, as shown in the registration books kept by the Bond
Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the
City's obligations with respect to payment of principal of, premium, if any, or interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of
Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated
Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk -
Treasurer of a written notice to the effect that DTC has determined to substitute a new nominee
in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and
upon receipt of such a notice, the City Clerk -Treasurer will promptly deliver a copy of the same
to the Bond Registrar and Paying Agent.
7.03. Representation Letter. The form of Blanket Issuer Letter of Representations
proposed to be submitted to DTC, which is on file with the City Clerk -Treasurer and presented
to this meeting (Representation Letter), is hereby approved, and the City Clerk -Treasurer is
authorized to execute and deliver the Representation Letter in substantially the form on file, with
such changes therein not inconsistent with law as the City Clerk -Treasurer and the City Attorney
may approve, which approval will be conclusively evidenced by the execution thereof. Any
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Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds
will agree to take all action necessary for all representations of the City in the Representation
letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at
all times.
7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon
DTC will notify the Participants, of the availability through DTC of Bond certificates. In such
event the City will issue, transfer and exchange Bond certificates as requested by DTC and any
other registered owner in accordance with the provisions of this Resolution. DTC may determine
to discontinue providing its services with respect to the Bonds at any time by giving notice to the
City and discharging its responsibilities with respect thereto under applicable law. In such event,
if no successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices
with respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of
this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not
to be considered an event of default with respect to the Bonds; however, any Bondholder may
take such actions as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the City to comply with its obligations under this section.
8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure
Certificate executed by the Mayor and City Clerk -Treasurer and dated the date of issuance and
delivery of the Bonds, as originally executed and as it may be amended from time to time in
accordance with the terms thereof.
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The motion for the adoption of the foregoing resolution was duly seconded by Member
Kuether , 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.
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STATE OF MINNESOTA )
COUNTY OF ANOKA ) SS.
CITY OF LINO LAKES )
I, the undersigned, being the duly qualified and acting City Clerk -Treasurer of the City
of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City
held on September 9, 1996 with the original minutes on file in my office and the extract is a full,
true and correct copy of the minutes insofar as they relate to the issuance and sale of $3,320,000
General Obligation Water Revenue Bonds, Series 1996B of the City.
WITNESS My hand officially as such City Clerk -Treasurer and the corporate seal of the
City this j p day of j Q, �Cu t. , 1996.
���k/2DC9j c
City Clerk -Treasurer
Lino Lakes, Minnesota
(SEAL)
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Council Member Bergeson introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -102
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, BEHM'S CENTURY FARM,
PHASE I
WHEREAS, Behm's Century Farm, Phase I is a "contractor improvement" and a
contract for the construction of improvements was not awarded by the City
of Lino Lakes and the cost of the construction contract is not included in
the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $454,217.00 so that the total cost of the improvement
to be assessed is $454,217.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby
declared to be zero and the portion of the cost to be assessed against benefited
property owners is declared to be $454,217.00.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven percent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof.
Adopted by the City Council this 9th day of Septem er, 1996.
J L. Landers, Mayor
RESOLUTION NO. 96 - 102
Page -2-
Marilyn G. Zerson, 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: None.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -103
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, CLEARWATER CREEK, PHASE I
WHEREAS, Clearwater Creek, Phase I is a "contractor improvement" and a
contract for the construction of improvements was not awarded by the City
of Lino Lakes and the cost of the construction contract is not included in
the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $419,693.00 so that the total cost of the improvement
to be assessed is $419,693.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby
declared to be zero and the portion of the cost to be assessed against benefited
property owners is declared to be $419,693.00.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven percent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof
Adopted by the City Council this 9th day of Septe ber, 1996.
J L. Landers, Mayor
RESOLUTION NO. 96 - 103
Page -2-
Marilyn1derson, Clerk -Treasurer
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 duly passed and adopted.
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Council Member Bergeson introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -104
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, LINO AIR PARK NORTH
WHEREAS, Lino Air Park North is a "contractor improvement" and a
contract for the construction of improvements was not awarded by the City
of Lino Lakes and the cost of the construction contract is not included in
the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $16,132.25. The total cost of the improvement
to be assessed is $16,132.25.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby
declared to be zero and the portion of the cost to be assessed against benefited
property owners is declared to be $16,132.25.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven per cent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof.
Adopted by the City Council this 9th day of Septe ��er, 1996.
L. Landers, Mayor
RESOLUTION NO. 96 - 104
Page -2-
Marilyn G. Berson, 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 duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -105
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, MARSHAN LAKE
CONDOMINIUMS
WHEREAS, a contract has been let for the Marshan Lake Condominium street, and
utility improvements and the contract price for such improvement is
$540,153.40, and the expenses incurred or to be incurred in the making of
such improvement amount to $590,187.85 so that the total cost of the
improvement will be $1,130,341.25.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby
declared to be 38,289.00 and the portion of the cost to be assessed against
benefited property owners is declared to be $1,092,052.25.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven percent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof.
Adopted by the City Council this 9th day of Septe
er, 1996.
, L. Landers, Mayor
RESOLUTION NO. 96 - 105
Page -2-
L/y?c 4 t C.E--n -____
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 duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -106
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, TRAPPER'S CROSSING, PHASE I
WHEREAS, a contract has been let for the improvement of Trapper's Crossing, Phase I
and the contract price for such improvement is $690,205.24, and the
expenses incurred to be incurred in the making of such improvement
amount to $1,088,327.86 so that the total cost of the improvement will be
$1,778,533.10.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby
declared to be $247,878.51 and the portion of the cost to be assessed against
benefited property owners is declared to be $1,530,654.59.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven percent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof
Adopted by the City Council this 9th day of Septe ser, 1996.
L. Landers, Mayor
RESOLUTION NO. 96 - 106
Page -2-
6-1-7c ,e1,2A4
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 duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -108
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, LAKE DRIVE (COUNTY ROAD #23)
AND T.H. #49 (HODGSON ROAD) INTERSECTION IMPROVEMENT
WHEREAS, contracts have been awarded for the improvement of the Lake Drive
(County Road #23) and T.H. #49 (Hodgson Road) Intersection and the
contract price for such improvement is $1,507,133.21, and
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $639,063.10 so that the total cost of the
improvement will be $2,226,196.31.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby
declared to be $1,559,913.35 and the portion of the cost to be assessed against
benefited property owners is declared to be $666,282.96.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven percent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof.
Adopted by the City Council this 9th day of Septet' ber, 1996.
L. Landers, Mayor
RESOLUTION NO. 96 - 108
Page -2-
s-7 b16-yLi.vver.
Marilyn . Anderson, Clerk -Treasurer
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 duly passed and adopted.
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Council Member Neal introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 - 109
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN BEHM'S CENTURY FARM, PHASE I
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Development Agreement for Behm's Century Farm, Phase I, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
RESOLUTION NO. 96 - 109
Page -2-
Adopted by the Council of the City of Lin.' akes this 9th day of September, 1996.
MarilynMtf--43
yi. Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Kuether and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -110
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN CLEARWATER CREEK, PHASE I
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Development Agreement for Clearwater Creek, Phase I, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affeeted by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
RESOLUTION NO. 96 - 110
Page -2-
Adopted by the Council of the City of Lino 1. es this 9th day of September, 1996.
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Marilyn G. Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Bergeson and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Lyden introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -111
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN LINO AIR PARK NORTH
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Development Agreement for Lino Air Park North, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
RESOLUTION NO. 96 - 111
Page -2-
Adopted by the Council of the City of Lino L es this 9th day of September, 1996.
Jo L. Landers, Mayor
pt,1 6/,Lb
Marilyn U. Anderson, Clerk -Treasurer
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Bergeson and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 96 -112
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN MARSHAN LAKE CONDOMINIUMS
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Development Agreement for Marshan Lake Condominiums, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
RESOLUTION NO. 96 - 112
Page -2-
Adopted by the Council of the City of Lino Likes this 9th day of September, 1996.
Joh( L. Landers, Mayor
n (L
Marilyn . Anderson, Clerk -Treasurer
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Bergeson and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -113
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS INTRAPPER'S CROSSING, PHASE I
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Development Agreement for Trapper's Crossing, Phase I, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
RESOLUTION NO. 96 - 113
Page -2-
Adopted by the Council of the City of Lino �: es this 9th day of September, 1996.
Marilyn (3.'Anderson Clerk -Treasurer
Y
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None .
Whereupon said resolution was declared duly passed and adopted.
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Council Member Bergeson introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -115
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS FOR THE LAKE DRIVE (COUNTY ROAD #23) AND T.H.
#49 (HODGSON ROAD) INTERSECTION IMPROVEMENT
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Development Agreement for the Lake Drive (County Road #23) and
T.H. #49 (Hodgson Road) Intersection Improvement, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1489 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
RESOLUTION NO. 96 - 115
Page -2-
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
Adopted by the Council of the City of Lino L�. es this 9th day of September, 1996.
61A41--2
Marilyn G.Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Lyden and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None .
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 96-116
RESOLUTION APPROVING AGREEMENT WITH THE ST. PAUL WATER
UTILITY BOARD OF WATER COMMISSIONERS.
WHEREAS, the City of Lino Lakes has approved construction plans for the
Birch Street trunk Watermain Project, and
WHEREAS, the project crossess St. Paul Water utility right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. The Council hereby approves and authorizes the Mayor and City Clerk to
sign the Sixth Rider to the 1966 Agreement between the Board of Water
Commissioners and the City of Lino Lakes.
Adopted by the City Council this 9th day of September, 1996.
J '!hn L. Landers, Mayor
r270
21-i.
Marilyn Anderson
Clerk -Treasurer
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.
Council member Bergeson
introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96-117
RESOLUTION ADOPTING THE PROPOSED 1997 GENERAL OPERATING
BUDGET FOR THE CITY OF LINO LAKES.
WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution
setting out proposed General Fund revenues and expenditures for the upcoming fiscal year.
NOW THEREFORE BE IT RESOLVED: That the following General Fund operating budget be adopted on a
preliminary basis for 1997:
1997 PRELIMINARY GENERAL FUND BUDGET
REVENUES:
Property Taxes $2,733,015
Intergovernmental Revenue 795,875
Business Licenses and Permits 20,270
Non -Business Licenses and Permits 516,500
Charges for Services 24,900
Refunds and Reimbursements 53,000
Franchise Fees 60,500
Public Safety 63,550
Municipal Fines 95,000
Interest on Investments 60,000
Engineering/PlanningFees 80,000
Administrative Fees 118,000
Miscellaneous 30,500
TOTAL PROPOSED GENERAL FUND REVENUES $4,651,110
EXPENDITURES:
Mayor and Council 61,630
Elections 18,010
Administration 312,440
Cable TV 6,390
Finance 227,740
Legal Consultants 130,000
Community Development 237,510
Engineering 178,290
Planning and Zoning Board 9,500
Government Buildings 200,540
Charter Commission 5,000
Environmental Committee 2,500
Police 1,277,880
Fire 275,370
Building Inspections 143,710
Streets 571,230
Solid Waste Abatement 55,540
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Expenditures Continued
Fleet Management 185,210
Parks 349,730
Recreation 116,290
Park Board 7,580
Forestry 91,590
Salary Reserve 20,000
Others 50,000
Reserves 42,430
Street Reconstruction/HRA 75,000
TOTAL PROPOSED GENERAL FUND EXPENDITURES $4,651,110
Adopted by the Lino Lakes City Council this 9th day of Septem • - r,1 96.
hipJMa lyrson, Clerk -Treasurer
The motion for the 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,
Landers.
The following voted against same: Council Member Neal.
ohn Landers, Mayor
Where upon said resolution was declared duly passed and adopted:
Council member Bergeson
introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96-118
RESOLUTION CERTIFYING THE PROPOSED 1996 TAX LEVY, COLLECTABLE IN 1997.
WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund
operating costs anticipated in the year 1997, and
WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of
Indebtedness obligations, and
WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project
Revenue Bonds, and
WHEREAS, the City of Lino Lakes is not restricted by levy limitations imposed by the State of Minnesota.
NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does
levy on a proposed basis the following upon taxable property in said City of Lino Lakes, to -wit:
1. Total amount levied in the year 1996 to be spread for taxes due and payable in the year
1997 (including HACA) is the total sum of $3,425,200
2. The total amount above levied is for the following purposes:
GENERAL OPERATING $3,103,248
General Bonded Debt
Public Project Revenue Bonds 118,112
Equipment Certificates of 1995 97,944
Equipment Certificates of 1996 105,896
Total General Obligation Bonded Debt $ 321,952
TOTAL LEVIES $3,425,200
BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and
special levies for Equipment Certificates and the Public Project Revenue Bonds as reviewed by the City
Council represents the basis for this levy. Individual department budgets are subject to preliminary approval
by the City Council and shall be authorized by separate action.
LET IT BE FURTHER RESOLVED that the total levy will be certified to the County of Anoka Tess the certified
amount of Homestead and Agriculture Credit Aid (HACA) for payable 1997.
Total Levy
Less Total HACA
Total Levy Tess HACA
$3,425,200
(421,891)
$3,003,309
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Adopted by the Lino Lakes City Council this 9th day of Se ember, 1996.
Jo$n Landers, Mayor
M�
Marilyn Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether,
Landers.
The following voted against same: Lyden, Neal .
Where upon said resolution was declared duly passed and adopted:
Council Member Kuether introduced the following resolution and moved
its adoption:
RESOLUTION NO. 96-119
CITY OF LINO LAKES, MINNESOTA
AUTHORIZING APPLICATION
FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM
WHEREAS, The City of Lino Lakes is a participant in the Livable Communities Act's
Housing Incentives Program for 1996 as determined by the Metropolitan Council, and is
therefore eligible to make application for funds under the Livable Communities
Demonstration Account; and
WHEREAS, the City has identified the proposed Town Center project within the City as a
project that meets the Demonstrations Account's purpose and criteria; and
WHEREAS, the City has the institutional, managerial, and financial capability to ensure
adequate project administration; and
WHEREAS, the City certifies that it will comply with all applicable laws and regulations
as stated in the contract agreements; and
WHEREAS, the City Council of Lino Lakes, Minnesota agrees to act as legal sponsor for
the project contained in the Demonstration Account application submitted on August 30,
1996;
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to
the Metropolitan Council for this funding on behalf of the City of Lino Lakes and to
execute such agreements as necessary to implement the project on behalf of the applicant.
Adopted by the Lino Lakes City Council this 9th say of September, 1996.
Marilyn G"Anderson, Clerk -Treasurer
John L. Landers, Mayor
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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.
Council Member Neal introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 - 120
RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LADIES
AUXILIARY VFW POST #6583 FOR RESERVE PROGRAM
WHEREAS, equipment is needed for the Lino Lakes Police Reserve
program,
WHEREAS, funding for this equipment was not included as a Police
Department budget item,
WHEREAS, the Circle -Lex Ladies Auxiliary VFW Post #6583 has made
a donation in the amount of $500.00 to the City of Lino
Lakes toward the purchase of this needed equipment; and
WHEREAS, the monies will be appropriated to the General Fund in
the following manner:
Increase Revenue - Contributions
Increase Expenditures -Police
Uniforms
$500.00
$500.00
NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes
hereby accepts the donation of $500.00 toward the cost of
equipment for the Reserve program and wishes to express its
gratitude to the Circle -Lex Ladies Auxiliary VFW Post #6583 for
its donation.
Adopted by the Lino Lakes City Council this 9 h day of September,
1996.
/2111
Mar.lyn1G. Anderson, Clerk -Treasurer
Landers, Mayor
The motion for the 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 duly passed and adopted.
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Council Member Bergeson introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -121
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF ASSESSMENT ROLL, RICE LAKE ESTATES LETTER OF
MAP REVISION
WHEREAS, Rice Lake Estates Letter of Map Revision is a project instituted by several
property owners in the Rise Lake Estates subdivision to remove their
property from Zone A, Flood Insurance Rate Map (FIRM), and
WHEREAS, the City of Lino Lakes and the affected property owners interred into a
contract to have the City of Lino Lakes complete the process of removing
these properties from flood Zone A, and
WHEREAS, the City of Lino Lakes incurred costs in the amount of $5,000.00 while
completing the removal of the affected properties from Zone A,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The portion of the cost of such project to be paid by the City is hereby -
declared to be zero and the portion of the cost to be assessed against benefited
property owners is declared to be $5,000.00.
2. Assessment shall be payable in equal annual installments extending over a period
of fifteen years, the first installment to be payable on or before the first Monday in
January, 1997, and shall bear interest at the rate of seven percent (7%) per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy of such assessment in
her office for public inspection.
4. The City Clerk shall upon the completion of the proposed assessment, notify the
City Council thereof.
Adopted by the City Council this 9th day of September, 1996.
RESOLUTION NO. 96 - 121
Page -2-
Marilyn G. "Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Kuether and upon vote being taken thereon, the following voted in favor thereof:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -122
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS FOR THE RICE LAKE ESTATES LETTER OF MAP
REVISION PROJECT
WHEREAS, by a resolution passed by the City Council on September 9, 1996, the City
Clerk was directed to prepare a proposed assessment of the costs outlined
in the Agreement for the Rice Lake Estates Letter of Map Revision
Project, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 14, 1996, in the city hall, 1<189 Main
Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
RESOLUTION NO. 96 - 122
Page -2-
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
Adopted by the Council of the City of Lino L
//l S/
Marilyn . Anderson, Clerk -Treasurer
es this 9th day of September, 1996.
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
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Resolution 96- 123
RESOLUTION CONSENTING TO THE TRANSFER OF
CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN
A CABLE TELEVISION FRANCHISEE TO CONTINENTAL
WHEREAS, the cable television franchise (the "Franchise") of the municipality of Lino
Lakes (the "Authority") is currently owned and operated by Group W Cable of the North Central
Suburbs d/b/a Meredith Cable Company ("Group W") which is owned by Meredith/New Heritage
Strategic Partnership, L.P. ("MNHSP"); and
WHEREAS, the general partner of MNHSP has entered into a Purchase Agreement dated
March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general partner
is proposed to be replaced by North Central Communications Corp., Continental of Minnesota,
Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the
"Meredith/Continental Agreement"); and
WHEREAS, Group W will continue to hold the Franchise; and
WHEREAS, the Authority has received a request for consent to the transfer of control
contemplated by the Meredith/Continental Agreement; and
WHEREAS, no notice of breach or default under the Franchise has been issued by
Authority within the past 12 months and none is outstanding; and
WHEREAS, the Authority has determined that subject to certain conditions which must
be met, Continental possesses the requisite legal, technical and financial qualifications;
NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the
Meredith/Continental Agreement is hereby consented to by the Authority and permitted
conditioned upon:
1. Execution and delivery of a Corporate Guaranty from Continental Cablevision,
Inc. in the form attached hereto; and
2. Documentation that a wholly owned subsidiary of Continental Cablevision, Inc. is
duly admitted as a successor general partner pursuant to the Restated Agreement
of Limited Partnership of Meredith/New Heritage Strategic Partners, L.P. dated
December 30, 1991 or any amendment thereof; and
3. Reimbursement of all reasonable fees incurred in the Authority's review of the
proposed transactions; and
• 4. The successful closing of the transaction described in the Meredith/Continental
Agreement.
BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time,
assign or grant or otherwise convey one or more liens or security interests in its assets, including
its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender
providing financing to Continental ("Secured Party"), from time to time. Secured Party shall have
no duty to preserve the confidentiality of the information provided in the Franchise with respect
to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the
order of any governmental authority, (c) consented to by the Authority or (d) any of such
information which was, prior to the date of such disclosure, disclosed by the Authority to any
third party and such party is not subject to any confidentiality or similar disclosure restriction with
respect to such information subject, however, to each of the terms and conditions of the Franchise.
ADOPTED by Lino Lakes City Council this 9th day of September , 1996.
City oJLino Lakes
Mor
Attest:
Clerk-Tre urer
The undersigned, being the duly appointed, qualified and acting Clerk of the City of Lino
Lakes, Minnesota hereby certify that the foregoing Resolution No.96-123 is a true, correct and
accurate copy of Resolution No 96-1231u1y and lawfully passed and adopted by the City of Lino
Lakes on the 9th day of September , 1996.
1g-
Cler
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Resolution 96- 124
RESOLUTION CONSENTING TO THE TRANSFER OF
CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN
A CABLE TELEVISION FRANCHISEE TO US WEST
WHEREAS, the cable television franchise (the "Franchise") of the municipality of Lino
Lakes (the "Authority") is currently owned and operated by Group W Cable of the North Central
Suburbs d/b/a Meredith Cable Company ("Group W"), which is owned by Meredith/New
Heritage Strategic Partnership, L.P. ("MNHSP"); and
WHEREAS, the general partner of MNHSP, has entered into a Purchase Agreement dated
March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be
owned by Continental (the "Meredith/Continental Agreement"); and
WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate
Guaranty; and
WHEREAS, the Authority has consented to the transaction described in the
Meredith/Continental Agreement; and
WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned
subsidiary of US WEST, Inc., (herein collectively known as "US WEST") pursuant to that certain
Agreement and Plan of Merger dated February 27, 1996 (the "Continental/US WEST
Agreement"); and
WHEREAS, Group W will continue to hold the Franchise; and
WHEREAS, the Authority has received a request for consent to the merger of Continental
and US WEST (the "Continental/US West Merger"); and
WHEREAS, no notice of breach or default under the Franchise has been issued by
Authority within the past 12 months and none is outstanding; and
WHEREAS, the Authority has determined that subject to certain conditions which must
be met, US WEST possesses the requisite legal, technical and financial qualifications;
NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is
hereby consented to by the Authority and permitted conditioned upon:
1. Execution and delivery of a Corporate Guaranty from US WEST, Inc. in the form
attached hereto; and
2. Securing all necessary federal, state, and local government waivers, authorizations,
or approvals relating to US WEST's acquisition and operation of the system to the
extent provided by law; and
3. Reimbursement of all reasonable fees incurred in the Authority's review of the
proposed transactions; and
4. The successful closing of the Transaction described in the Continental/US WEST
Agreement.
BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to
constitute any approval or disapproval of or consent or non -consent to US WEST's Petition for
Special Relief currently pending before the FCC, or any other federal, state, or local government
waivers, authorizations or approvals, other than that transaction delineated above.
BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time,
assign or grant or otherwise convey one or more liens or security interests in its assets, including
its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender
providing financing to US WEST ("Secured Party"), from time to time. Secured Party shall have
no duty to preserve the confidentiality of the information provided in the Franchise with respect
to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the
order of any governmental authority, (c) consented to by the Authority or (d) any of such
information which was, prior to the date of such disclosure, disclosed by the Authority to any
third party and such party is not subject to any confidentiality or similar disclosure restriction with
respect to such information subject, however, to each of the terms and conditions of the Franchise.
ADOPTED by Lino Lakes City Council this 9th day of September , 1996.
Attest:
Clerk -Treasurer
The undersigned, being the duly appointed, qualified and acting Clerk of the City of Lino
Lakes, Minnesota hereby certify that the foregoing Resolution No.96-124 is a true, correct and
accurate copy of Resolution No.96-1241u1y and lawfully passed and adopted by the City of Lino
Lakes on the 9th day of September , 1996.
Cler
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