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HomeMy WebLinkAbout10/13/1997 Council Minutes• COUNCIL MINUTES OCTOBER 13,1997 CITY OF LINO LAKES MINUTES DATE : October 13 1997 TIME STARTED : 6:32 P.M. TIME ENDED : 9:36 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Neal MEMBERS ABSENT : Lyden Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Finance Director, Mary Vaske; Planning Coordinator, Mary Kay Wyland; Chief of Police, David Pecchia; Environment Coordinator, Marty Asleson; Building Official, Pete Kluegel; TKDA representative, John Powell; Building Inspector, Tom Jackson; OSM and Associates representative, Tim Murphy; and Clerk -Treasurer, Marilyn Anderson. SETTING THE AGENDA Mayor Landers requested the deletion of Item 9.C., "Consideration of Resolution No. 97 - 145, Award Construction Contract, Lilac Street Utility Extension", thus tabling this matter until the October 27, 1997 Council meeting. • The agenda was approved as amended. • CONSENT AGENDA Council Member Kuether requested explanation of the manual disbursement for an item under Mayor and Council, City of Shoreview seminar. Mary Vaske explained that this expenditure was for a sexual harassment seminar. Council Member Kuether also questioned the manual disbursement under Escrow, Majestic Oaks reservation fee. Ms. Vaske explained that this expense is typically reimbursed. Council Member Bergeson moved to approve the Consent Agenda. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM MINUTES: September 9, 1996 October 28, 1996 DISBURSEMENTS: August 30, 1997 ($8,017.96) ACTION Approved Approved Approved COUNCIL MINUTES OCTOBER 13, 1997 September 9, 1997 ($398,261.92,.Check Nos. 45395 - 45489)' Approved Centennial Fire District (September 6, 1997) Approved Exemption from Lawful Gambling License for St. Joseph Catholic Church for a Raffle, November 23, 1997 and for a Bingo and Raffle, November 25, 1997 Approved Resolution No. 97 -139 Reconveying Lot 4, Block 3, Lexington Park Lakeview to Anoka County Community Action Programs Approved Resolution No. 97 - 140 Transferring Funds from Tax Increment Financing District (TIF) 1-1 to Town Center and Closing TIF 1-1 Effective December 31, 1997 Approved Resolution No. 97 - 141 Transferring Funds from TIF 1-2 to Town Center and Closing TIF 1-1 Effective December 31, 1997 Approved Resolution No. 97 - 148 Accepting a Community Policing Grant, $16,000 Approved OPEN MIKE There were no appearances under Open Mike. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Resolution No. 97 - 149 Amending the City Investment Policy - Ms. Vaske explained that in early 1991 the first City investment policy was adopted in the form of Resolution No. 29 - 91. The policy has never been updated. The current policy gives the Accountant and City Clerk authority to invest funds, but not the Finance Director. Ms. Vaske stated that at the time the first policy was adopted the Minnesota State Statute governing investment of funds was Subsection 475; it is now Subsection 118. She indicated that Subsection 118 was employed in the update of the City's policy through adaptation of the Government Finance Officer's Association template for investment policies. Additionally, Ms. Vaske solicited input from an investor for clarification of the updated policy. Council Member Neal moved to adopt Resolution No. 97 - 149, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 149 can be found at the end of these minutes. 2 COUNCIL MINUTES OCTOBER 13, 1997 ENVIRONMENT COORDINATOR REPORT, MARTY ASLESON Consideration of the 1997 Minnesota Oak Wilt Cooperative Suppression Program - Mr. Asleson explained that for the past several years the City of Lino Lakes has entered into an agreement with the State of Minnesota Department of Natural Resources to "cost share" expenses for oak wilt control. This year's grant request is based upon the estimated cost -sharable work to be performed. The grant dollars are used to match the expenses incurred by property owners for vibratory plow work and high-risk tree removal. Staff recommended acceptance of the grant from the Department of Natural Resources for $3,300, and approval of the Oak Wilt Subgrant Agreement. Mayor Landers asked about the necessity for this service. Mr. Asleson explained that since 1991 the City has gone from putting in over 12,000 feet of vibratory plow line to 2,898 in 1997, indicating significant progress with respect to oak wilt. Council Member Kuether moved to accept the grant from the Department of Natural Resources for $3,300 and to approve the Oak Wilt Subgrant Agreement. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of the Department of Natural Resources (DNR) Trail Grant Contract - Mr. Asleson explained that this 1995 grant in the amount of $16,000 was approved by the LCMR for 1996/97 trail construction on Aqua Lane. This trail is included on the list of construction projects previously approved by Council. Mayor Landers asked about the schedule for the trail along the property used by seniors, who now have to walk along Elm Street. Mr. Asleson explained that this trail is next on the contractor's schedule. Council Member Kuether moved to approve the Aqua Lane DNR trail grant. Council Member Neal seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, DAVID PECCHIA SECOND READING, Ordinance No. 21 - 97 Adopting an Automated Pawn System Ordinance - Chief Pecchia explained that the passage of this ordinance will allow the Police and Community Development Departments an opportunity to adequately regulate pawn broker, secondhand goods dealer, and precious metal dealer activity within the City of Lino Lakes. The ordinance is similar to those regulating such activity in other metropolitan area communities, including enhanced license fees and billable transactions based on cost of processing whether manual or automated. This ordinance also provides a mechanism for application, investigation, monitoring, and prohibition of prospective businesses. Additionally it provides for identification of customers through color photography, video recording, and specific identification requirements, as well as location of such businesses based upon the City's zoning ordinances and State law. 3 COUNCIL MINUTES OCTOBER 13, 1997 Chief Pecchia indicated the following changes from the first reading of this proposed ordinance: (1) It further defines reportable transactions; (2) a stated billable rate at the time of application is eliminated; and (3) correction of certain typographical errors. Council Member Neal requested definition of "secondhand goods", asking if this ordinance applies to used clothing. Chief Pecchia reviewed that section of the proposed ordinance dealing with secondhand goods dealers, concluding that clothing is not included in that definition. Council Member Bergeson asked about a long-standing local business which specializes in small engines but also deals in used lawnmowers, snowblowers, etc. Chief Pecchia indicated that the business would have to be examined with attention to what portion of its activity is buying and selling as opposed to repair work. Council Member Kuether moved to approve the SECOND READING of Ordinance No. 21 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 21 - 97 can be found at the end of these minutes. Consideration of Centennial School District Agreement, Juvenile Justice Youth Resource Grant - Chief Pecchia explained that the Lino Lakes Police Department and the Centennial School District have completed the necessary documentation to renew the Joint Powers Agreement for the 1997-98 school year. This Agreement was reviewed at an earlier Council work session. Chief Pecchia stated that District officials approved the Youth Resource Officer Agreement at their September 29, 1997 School Board meeting. Chief Pecchia further explained that in conjunction with the Youth Resource Officer Agreement the City received a $20,000 grant from the Innovative Local Law Enforcement and Community Policing Program (ILLECPP) called the Centennial Middle School Liaison Officer Program, effective from October 1, 1997 through September 30, 1998. The combination of this grant and the Centennial School District agreement will enhance the Youth Resource Officer program. Council Member Bergeson moved to approve the Joint Powers Agreement between the City of Lino Lakes and the Centennial School District for the Youth Resource Officer program for the 1997-98 school year, as well as the ILLECPP grant. Council Member Kuether seconded the motion. Motion carried unanimously. BUILDING DEPARTMENT REPORT, PETE KLUEGEL SECOND READING, Ordinance No. 27 - 97 Amending Chapter 403, Individual Sewage Treatment Systems - Mr. Kluegel reminded Council that this ordinance was introduced at its September 22, 1997 meeting. He explained that the purpose of this ordinance is to streamline some of the provisions of Ordinance No. 08 - 96 for ease of implementation. Mr. Kluegel added that no changes were proposed to Ordinance No. 27 - 97 following its first reading and, therefore, Staffs recommendation is for its approval. Mayor Landers asked for an approximate number of property owners currently in need of inspections and requiring pumping services. Mr. Kluegel indicated that he has requested compilation of this information, and will present it to Council upon receipt. 4 COUNCIL MINUTES OCTOBER 13, 1997 • Council Member Kuether moved to approve SECOND READING, Ordinance No. 27 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 27 - 97 can be found at the end of these minutes. PUBLIC HEARINGS, 1997 ASSESSMENT ROLLS, DAVID AHRENS Mr. Ahrens explained that eight assessment rolls are being presented for consideration and adoption at this time for projects completed last year and earlier this year. He further explained that upon adoption of the assessment resolutions there is a 30 -day window within which each property owner will have the opportunity to pay the amount of the assessment in full and eliminate accrual of interest. Otherwise the amount of the assessment will be included on property tax statements over a 15 -year period. Mayor Landers asked if publication was required. Mr. Ahrens indicated that forwarding of notification to property owners satisfied any such requirement. Mr. Ahrens recommended that Council first hear presentations on each of the eight projects, and then receive input from the property owners before considering adoption of the related resolution. Clearwater Creek, Second Addition, John Powell - Mr. Powell explained that this project, located east of Otter Lake Road, completes the Clearwater Creek Second Addition development. Mr. Powell stated that this project was developer financed, with all construction -related costs paid directly by the developer. Thus, the only construction costs to be assessed are for bituminous wearing course, which will be placed under a future City contract. Typically the wearing course is installed after 80% of the lots have been developed. The future wearing course assessment total is $33,432.20. The project assessment summary is as follows: Bond Fund $ 0.00 Area and Unit Fund Trunk Sewer Area Charge Sewer Connection Unit Charge Trunk Water Area Charge Water Connection Unit Charge $44,625.00 58,412.00 31,073.96 94,316.00 Total: 228,426.96 Wearing Course Fund 33,432.20 Surface Water Management Fund 58,828.16 Total Assessment $320,687.32 • Mr. Powell reviewed detailed assessment computations, including credit for oversizing the sanitary sewer on Clearwater Creek Drive, increased sewer diameter from 8 inches to 15 inches, COUNCIL MINUTES OCTOBER 13, 1997 credit for oversizing the watermain on Clearwater Creek Drive, increased watermain diameter from 8 inches to 16 inches, and credit for subwatershed improvements. There being no questions from Council, Mayor Landers declared the public hearing on this matter open at 6:58 P.M. Hearing no public response, Council Member Kuether moved to close the public hearing at 6:59 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 125 Adopting Assessment Council Member Bergeson moved to adopt Resolution No. 97 - 125, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 125 can be found at the end of these minutes. Clearwater Creek Trunk Utilities, John Powell - Mr. Powell explained that this project is located north of the Clearwater Creek Second Addition, describing the route of the utility improvements with the aid of the visual map presentation. The project cost summary is as follows: Construction Cost Sanitary Sewer $397,270.30 Watermain 296,900.21 Streets/Restoration for Utilities 88,506.61 Other Street Construction 71,909.66 $ 854,586.78 Engineering Design $ 38,025.00 Construction 57,920.00 95,945.00 Right-of-way Acquisition 333,290.00 Soils Investigation 6,649.37 Advertising 794.75 Total $1,291,265.90 Mr. Powell presented the following project assessment summary: Bond Fund Sanitary Sewer $191,485.07 Watermain 137,913.70 6 COUNCIL MINUTES OCTOBER 13, 1997 Area and Unit Fund Trunk Sewer Area Charge Sewer Connection Unit Charge Trunk Water Area Charge Water Connection Unit Charge $148,328.40 127,991.00 158,127.20 206,663.00 $ 329,398.77 641,109.60 Wearing Course Fund 0.00 Surface Water Management Fund 0.00 Total Assessment $ 970,508.37 Mr. Powell reviewed detailed assessment computations, including explanation of assessable front footage and assessable area for lateral benefit (area and unit charges). The assessment roll applies to four properties, assessed pursuant to the applicable area calculations. Council Member Bergeson acknowledged correspondence from two of the affected property owners, Richard Schreier and Cyril and Catherine LaCasse. He then asked if the LaCasse property is zoned industrial, or if that property is considered homestead. Mr. Powell responded that the LaCasse property is homestead, and that the referenced correspondence was received after preparation of the assessment roll. Mr. Ahrens added that this portion of Lino Lakes is exempt from Charter specifications; therefore, Chapter 429 rules apply with the exception of homestead property which is deferred until development of that property. With respect to the Schreier property, Mr. Ahrens recommended that the assessment roll be adopted with Mr. Schreier free to pursue his objection to the assessment. City Attorney Hawkins explained the process with respect to an objection, stating that the City may go forward with adoption of the assessment roll, and objectors can file an appeal with the District Court which would then determine whether or not there is special benefit in the amount of the assessment. Council Member Bergeson asked why the interest rate on this proposed assessment is set at 7- 1/2% as opposed to 7% for the previous project. Mr. Powell explained that a bond was issued for this project, where no bond was issued for the Clearwater Creek Second Addition project. There being no further questions from Council, Mayor Landers declared the public hearing on this matter open at 7:13 P.M. Elise Tagg, 7504 Lake Drive, requested explanation of the right-of-way purchase. Mr. Powell stated that a number of properties were involved with the right-of-way purchased proportionately from each one. Hearing no further public response, Council Member Kuether moved to close the public hearing at 7:15 P.M. Council Member Neal seconded the motion. Motion carried unanimously. 7 COUNCIL MINUTES OCTOBER 13, 1997 Consideration of Resolution No. 97 - 126 Adopting Assessment Council Member Kuether moved to adopt Resolution No. 97 - 126, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 126 can be found at the end of these minutes. Behm's Century Farm, Second Addition, John Powell - Mr. Powell explained that this project is located north of Lilac Street, and is unique in that when the First Addition was assessed both the Addition and the outlot--which became the Second and Third Additions --for sufficient area and unit costs to cover those trunk utility improvements. Therefore, the proposed assessment is to adjust the assessment to the outlot and to reflect the final assessable area. This project was developer financed with all construction -related costs paid directly by the developer. Mr. Powell presented the following project assessment summary: Bond Fund Area and Unit Fund Trunk Sewer Area and Connection Charge Trunk Water Area and Connection Charge $4,961.95 8,589.00 $ 0.00 Total: 13,550.95 Wearing Course Fund 0.00 Surface Water Management Fund 34,783.00 Total Assessment $ 48,333.95 Mr. Powell reviewed detailed assessment computations, including explanation of the combined assessable area and unit charges, credits for decreased sanitary sewer and watermain decreased areas, credit for subwatershed improvements, and credit against the surface water management charge. The total assessment was distributed equally among Lots 5-11, Block 2, pursuant to the applicable area calculations. There being no questions from Council, Mayor Landers declared the public hearing on this matter open at 7:21 P.M. Hearing no public response, Council Member Kuether moved to close the public hearing at 7:22 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 142, Adopting Assessments Council Member Kuether moved to adopt Resolution No. 97 - 142, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 142 can be found at the end of these minutes. 8 • • • COUNCIL MINUTES OCTOBER 13, 1997 Consideration of Removing the House and Garage at 1410 Canfield Road - Building Inspector Jackson explained that last year the home at 1410 Canfield Road was substantially damaged by fire. He showed photographs of the subject structure. Mr. Kluegel contacted the property owner, Gregory Dufeck, regarding his intentions for the property. At that time Mr. Dufeck had no definitive plans or timetable for removal or rebuilding of the structure. Mr. Jackson stated that over the past year the City has received numerous complaints about the unsightliness of the property, the potential hazard the property poses to the public, and the presence of unlicensed, inoperable vehicles on the property. Additionally, law enforcement officials have been dispatched on several occasions to investigate reports of unauthorized activity on the premises. On a recent visit to the property, it was observed that the building was not secured and it appeared to be in danger of imminent collapse. If the building is to be restored, the City will require a state -licensed structural engineer to determine the scope of repairs before a permit can be issued. An order for removal was presented for Council's consideration. Staff recommended that Council approve the order to remove the building pursuant to Statutes 463.15 through 463.261, and/or allow Mr. Dufeck to present the following at the October 27, 1997 Council meeting: (1) a licensed engineer's report specifying required repairs; (2) a performance bond for restoration of the structure; (3) a completed building permit application; and (4) a timetable for restoration. Council Member Kuether asked if Mr. Dufeck was notified that this issue would be before Council at this time. Mr. Jackson indicated that Mr. Dufeck had been notified. Mr. Dufeck addressed Council, indicating his intent to rebuild the damaged structure, explaining that certain personal issues have delayed his ability to restore his property. He requested time within which to comply with the recommendations enumerated above. Council Member Kuether asked about the time element proposed within the Order for Removal. Attorney Hawkins explained that the Order establishes a 20 -day deadline by which the owner is required to have the damaged structure removed from his property. He added that should Council feel additional time is warranted for Mr. Dufeck to take action, it should table this matter accordingly. Council Member Kuether reiterated the hazard the property currently presents. Mayor Landers asked if it would be reasonable to request fencing of the property during an extended period prior to Council action on this matter. The consensus was to resecure the building, as a fence would be added expense to no apparent avail. Council Member Kuether asked if Council could approve the Order for Removal and then rescind the Order as of the October 27, 1997 meeting date in the event Mr. Dufeck presents sufficient information at that time indicating that he will be able to restore the premises to safe condition. Attorney Hawkins stated that Council could follow that course of action. Mayor Landers indicated the importance for constant monitoring of the property by Mr. Dufeck. COUNCIL MINUTES OCTOBER 13, 1997 Council Member Kuether asked if the building is perceived as being salvageable. Mr. Dufeck stated that he has an estimate from a contractor who feels the structure can be rebuilt. Attorney Hawkins reminded Council of the necessity to complete Paragraph 1 of the Order, should Council decide to approve such action. Mr. Jackson requested that Mr. Dufeck be made clearly aware of the progress that is expected of him. Council Member Kuether moved to approve removal of the building for safety reasons, and that Mr. Dufeck be required to attend the October 27, 1997 Council meeting prepared to provide a concrete update of his plans to remedy this situation at which time Council will determine whether or not to rescind the Order. Council Member Neal seconded the motion. Motion carried unanimously. Centennial Middle School Street and Utility Improvements, Tim Murphy - Mr. Murphy explained that these improvements located at the intersection of Lake Drive and Elm Street were completed last summer. He provided the following project assessment summary: Bond Fund Lateral Sanitary Sewer $ 104,336.43 Lateral Watermain 86,299.63 Storm Sewer 47,047.37 Streets 408,206.44 Total Lateral Assessment $ 645,889.87 Area and Connection Fund Trunk Sewer Area Charge Trunk Sewer Unit Charge Trunk Water Area Charge Trunk Water Unit Charge $ 68,067.70 127,132.00 72,564.36 205,276.00 Total Area and Connection $ 473,040.06 Surface Water Management Fund $ 156,573.00 Total Project Assessment $1,275,502.93 Total Project Cost $1,192,350.00 Mr. Murphy pointed out that this project was not petitioned by a developer, and is a City improvement. Some construction cost will be assessed against benefiting properties; however, costs for oversizing watermains, jacking, and lowering sewers are City costs. Mr. Murphy indicated that the assessment roll consists of seven properties, with charges being allocated according to standard area and unit formulas as well as assessable front footage with respect to lateral charges. 10 COUNCIL MINUTES OCTOBER 13, 1997 There being no questions from Council, Mayor Landers opened the public hearing on this matter Illat 7:43 P.M. • Hearing no public response, Council Member Kuether moved to close the public hearing at 7:44 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 127 Adopting Assessment Council Member Bergeson moved to adopt Resolution No. 97 - 127, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 127 can be found at the end of these minutes. I-35W/Lake Drive Interchange Commercial Development Area, Tim Murphy - Mr. Murphy explained that the trunk improvements associated with this project are a continuation of some of the Centennial Middle School project along Lake Drive between the shores of Marshan subdivision and I -35W. The service areas were presented in the feasibility report. Mr. Murphy indicated that the first phase of these improvements is aimed at servicing the proposed medical facility to be located in the Village Center project. The project assessment summary is as follows: Bond Fund Lateral Sanitary Sewer Lateral Watermain $ 69,300.00 48,300.00 Total Lateral Assessment $ 117,600.00 Area and Connection Fund Trunk Sewer Area Charge Trunk Sewer Unit Charge Trunk Water Area Charge Trunk Water Unit Charge Total Area and Connection Surface Water Management Fund Total Project Assessment Total Project Cost $ 167,900.61 0.00 178,992.38 0.00 346,892.99 0.00 $ 464,492.99 $ 385,000.00 Mr. Murphy pointed out that this project was not petitioned by a developer, and is a City improvement. Some construction costs will be assessed against benefiting properties; however, costs for oversizing watermains, jacking, and lowering sewers are City costs. The assessment roll contains 10 properties, with area charges computed according to the total number of acres within each property and the lateral charges calculated according to front footage for those parcels fronting the project. Council Member Bergeson asked what portion of the Tagg property is exempted by virtue of their homestead exemption. The Taggs have petitioned against the assessment, and Council COUNCIL MINUTES OCTOBER 13, 1997 Member Bergeson asked if they are in fact petitioning against that portion of their assessment which applies to the homestead portion of their property, or to the entire assessment. Mr. Ahrens pointed out that the entire project area is Charter -exempt. The Tagg property includes commercial use, and that portion which is used for commercial purposes cannot be deferred from assessment. Council Member Kuether pointed out that Anoka County had designated 11 acres plus the Tagg home as homestead. There being no further questions from Council, Mayor Landers opened the public hearing on this matter at 7:54 P.M. Joel Tagg, 7504 Lake Drive, stated that the proposed assessment should be on 4.5 acres of commercial "upland". The balance of his property is either homestead or wetlands. Mr. Tagg wishes to have the option to be assessed at such time as he would connect to the improvements. Mr. Ahrens suggested that for assessment value purposes the acreage numbers can be split according to Council's wishes absent further investigation by Staff Kim Sullivan, 7132 Whippoorwill, asked about the difference between the transfer of TIF funds to the Town Center property in order to pay for infrastructure costs and assessment. Mr. Wessel explained that TIF dollars are designated for development projects, and that assessment is another source of funding for the Village project. He suggested that Mr. Beaty might be better able to explain in detail the intent and actual use of TIF in an upcoming presentation. Ken Skoglund, 7481 Lake Drive, asked how he could connect to the improvements installed to the easement fronting his property. He also requested clarification regarding deferral of assessment to his property. Mr. Ahrens explained that his commercial property assessment could be deferred until such time as he elects to connect to the utilities. Elise Tagg, 7504 Lake Drive, asked for a proposed time frame for resolution of this issue. Mr. Ahrens explained that time is of the essence, and that if this matter is not decided at this meeting it would be brought before Council again at the October 27, 1997 for action. Council Member Bergeson suggested that additional public input might be desirable; and that the Taggs have both the right to object to the assessment and to defer a portion of their property assessment until actual connection. Attorney Hawkins raised the issue of homestead vs. non -homestead within Charter parameters. Mr. Wessel pointed out that a special clause was implemented at the time of designating special economic development districts which exempts a resident living within his own home within those areas. Hearing no further public input, Council Member Kuether moved to table this matter until the October 27, 1997 Council meeting with Mr. Ahrens and Mr. Wessel bringing it before the next Council work session for further discussion and review. Council Member Neal seconded the motion. Elise Tagg commented that the amount of assessment is not at issue; deferring the assessment is the Tagg's ultimate goal. Consideration of Resolution No. 97 - 129 Adopting Assessment 12 • • COUNCIL MINUTES OCTOBER 13, 1997 Council Member Kuether moved to table this matter until the October 27, 1997 Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. Baldwin Lake Court, David Ahrens - Mr. Ahrens explained that this project, which was completed this summer, was developer financed with all costs paid directly by the developer. He pointed out that the project is located on the west side of Highway 49 and north of Lauren Avenue. Mr. Ahrens presented the following cost and assessment summary: Bond Fund $ 0.00 Area and Unit Fund Trunk Sewer Area Charge Trunk Sewer Unit Charge Trunk Water Area Charge Trunk Water Unit Charge Total Surface Water management Fund Total Assessment $ 8,348.43 15,462.00 9,893.52 26,353.00 60,056.95 11,824.00 $ 71,880.88 Mr. Ahrens stated that the assessment roll includes 19 proposed manufactured homes with approximately 4.7 acres of assessable property. There being no questions from Council, Mayor Landers opened the public hearing on this matter at 8:13 P.M. Hearing no public response, Council Member Neal moved to close the public hearing at 8:14 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 128 Adopting Assessment Council Member Bergeson moved to adopt Resolution No. 97 - 128, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 128 can be found at the end of these minutes. Pheasant Hills Preserve, 7th Addition, David Ahrens - Mr. Ahrens explained that this project, located off the north and west end of Timberwolf Trail, was completed last Fall. Streets and utilities were completed for 18 homes. Mr. Ahrens presented the following cost and assessment summary: Bond Fund Watermain $ 42,063.00 Sanitary Sewer 57,081.00 Street 101,187.50 Storm Sewer 21,836.00 COUNCIL MINUTES OCTOBER 13, 1997 Subtotal $ 222,167.50 Area and Unit Fund Trunk Sewer Area Charge Trunk Sewer Unit Charge Trunk Water Area Charge Trunk Water Unit Charge $ 18,719.52 16,321.00 19,956.16 26,353.00 Subtotal 81,349.68 Wear Course Fund 16,093.75 Surface Water Management Fund 20,560.32 Total Assessment $ 340,171.25 Mr. Ahrens explained that the assessments were divided equally among the total number of lots, ranging from $17,700 to a little over $18,000 per lot. There being no questions from Council, Mayor Landers opened the public hearing on this matter at 8:20 P.M. Hearing no public response, Council Member Neal moved to close the public hearing at 8:21 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 130 Adopting Assessment Council Member Bergeson moved to adopt Resolution No. 97 - 130, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 130 can be found at the end of these minutes. Apollo Townhomes, David Ahrens - Mr. Ahrens explained that this project is for construction of 31 units of townhomes south of Apollo Drive and north of1-35W, just east of the Apollo Meadows single-family homes development. This project was also developer financed; therefore, only area and unit charges are levied for assessment. Mr. Ahrens presented the following cost and assessment summary: Bond Fund $ 0.00 Area and Unit Fund Trunk Sewer Area Charge Trunk Sewer Unit Charge Trunk Water Area Charge Trunk Water Unit Charge $ 5,135.97 22,334.00 5,475.26 36,062.00 Total 69,007.23 Surface Water Management Fund 5,641.02 14 • • COUNCIL MINUTES OCTOBER 13, 1997 Total Assessment $ 74,648.25 Mr. Ahrens indicated that the assessments are divided equally in the amount of $2,408.01 per unit. There being no questions from Council, Mayor Landers opened the public hearing on this matter at 8:23 P.M. Hearing no public response, Council Member Kuether moved to close the public hearing at 8:24 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 -143 Adopting Assessments Council Member Kuether moved to adopt Resolution No. 97 - 143, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 143 can be found at the end of these minutes. Mayor Landers called for a recess at 8:25 P.M. The meeting was reconvened at 8:39 P.M. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Update, Comprehensive Land Use Plan - Mr. Wessel reminded Council of the significance of the meetings already held in connection with the Comprehensive Land Use Plan, and suggested that the meeting on Thursday will include a response by Al Brixius and David Licht of NAC to previously -presented material such as financial implications of the growth scenarios and hydric soil information to clarify impact on development as well as MUSA information. Additionally, there will be discussion regarding the school districts. The Task Force members will then be asked to state a position on the growth scenario as a beginning to formulation of a formal recommendation. PUBLIC HEARING, Consideration of Modification of Tax Increment Financing (TIF) District No. 1-7, Apollo Business Park - Mr. Wessel stated that the EDA adopted the modification of this plan to provide public assistance to Rice Industries, which is purchasing 1.9 acres in the Apollo Business Park for its office/distribution facility. Anoka County as well as the Centennial and Forest Lake School Districts have been notified regarding this modification, which pertains to the last parcel of land in the city -owned Apollo Business Park to be purchased. There being no questions from Council, Mayor Landers opened the public hearing on this matter at 8:43 P.M. Hearing no public response, Council Member Bergeson moved to close the public hearing at 8:44 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 133 Adopting the Modified Plan for TIF District No. 1-7, Apollo Business Park Council Member Kuether moved to adopt Resolution No. 97 - 133, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 1.5 COUNCIL MINUTES OCTOBER 13, 1997 Resolution No. 97 - 133 can be found at the end of these minutes. PUBLIC HEARING, Consideration of Modification of TIF District No. 1-1, Rice Lake Estates and TIF No. 1-2, Sunrise Meadows - Mr. Wessel explained that the EDA adopted the modification of these plans to transfer funds within the District for public improvements in The Village. The budget for TIF District No. 1-1 is being increased by $630,000, and the budget for TIF District 1-2 is being increased by $370,000 to make use of the available funds within the districts. Anoka County as well as the Centennial and Forest Lake School Districts have been notified regarding the modification. There being no questions from Council, Mayor Landers opened the public hearing on this matter at 8:46 P.M. Hearing no public response, Council Member Neal moved to close the public hearing at 8:47 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 134 Adopting the Modified Plan for TIF District No. 1-1, Rice Lake Estates Council Member Kuether moved to adopt Resolution No. 97 - 134, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 134 can be found at the end of these minutes. Consideration of Resolution No. 97 - 135 Adopting the Modified Plan for TIF District No. 1-2, Sunrise Meadows Council Member Bergeson moved to adopt Resolution No. 97 - 135, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 135 can be found at the end of these minutes. Consideration of Resolution No. 97 - 136 Decertifying TIF District No. 1-1, Rice Lake Estates Council Member Kuether moved to adopt Resolution No. 97 136, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 136 can be found at the end of these minutes. Consideration of Resolution No. 97 - 137 Decertifying TIF District 1-2, Sunrise Meadows Council Member Bergeson moved to adopt Resolution No. 97 - 137, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 137 can be found at the end of these minutes. Consideration of Resolution No. 97 - 138 Decertifying TIF District No. 1-3, Ross' Corner 16 COUNCIL MINUTES OCTOBER 13, 1997 Council Member Kuether moved to adopt Resolution No. 97 - 138, as presented. Council • Member Bergeson seconded the motion. Motion carried unanimously. • • Resolution No. 97 - 138 can be found at the end of these minutes. Ron Beaty addressed Council regarding an inquiry by Kim Sullivan about how TIF money relates to assessments. Mr. Beaty stated that he is not certain of the exact Village improvements proposed for assessment, but that he sees both sources as viable for funding these public improvements. He added that some improvements are, by nature, particularly difficult to assess; therefore, TIF is useful in supplying the balance of funds needed beyond assessment in order to complete a project. Conversely, certain public improvements may be nonassessable or not desirable for assessment, in which case TIF funds can play a significant role in supplying funds to complete a project of this nature. In summary, TIF and assessment can easily work hand-in- hand but not overlap for use in public improvement in The Village. Economic Development Report - Mr. Wessel explained that Economic Development established a five-year plan in 1994 that has been updated each year. Through use of a detailed Lino Lakes Economic Development Status report and graphic display, Mr. Wessel pointed out specific areas of significant industrial and commercial growth in the form of the following mid- course update of the five-year plan: 1. Presently, 26 new businesses have committed to building new facilities in Lino Lakes. 2. Industrial and commercial project commitments through 1997 will generate $1,717,880 in additional tax revenues for our community. 3. Projected industrial and commercial projects will generate $2,259,800 in additional tax revenues through the year 2000, for a total tax revenue of committed and projected projects of $3,977,680. 4. Of the total tax revenues committed or projected through the year 2000, Lino Lakes' portion amounts to approximately 25%, or $994,420. 5. Approximately 1,800 new employees will be working in Lino Lakes by the year 2000. 6. Approximately $70 million in real estate value will be added to the Lino Lakes tax base by the year 2000. Mr. Wessel added that the City Council's priority and support to economic development over the past five years has resulted in a substantial increase in tax base and jobs. Capitalizing on the momentum that has been established will result in a strong Lino Lakes commercial and industrial tax base, as well as much-needed commercial services for the community by the end of this decade. Council Member Bergeson stated that the numbers presented by Mr. Wessel are amazing, and commended Mr. Wessel's efforts on behalf of Lino Lakes. Mayor Landers echoed Council Member Bergeson's praise, commending Mr. Wessel for his personal leadership with respect to economic development. Funkhauser Land Proposal - Mr. Wessel presented the following background for this item: The City has been negotiating with Jim Funkhauser to purchase 6.6 acres, more or less, in The Village on I-35W/Lake Drive. This will enable the City to respond to community needs by COUNCIL MINUTES OCTOBER 13, 1997 maintaining control of the content, quality and pace of development of the Master Plan of The Village. This purchase is on a Contract for Deed similar to the Contract for Deed that the City entered into with Glenn Rehbein on his property in The Village. The basics of the agreement call for purchasing the right-of-way and land ($155,509) required to provide access to the proposed public facilities project. The remaining plaza retail site ($347,608) will be a five-year term at 8% interest per annum. An additional .17 acres ($12,959) will be required for an easement over Mr. Funkhauser's property for the construction of the police department emergency exit to Marshan Lane. Mr. Wessel added that Staff recommended approval of this land contract and authorization for the City Attorney and Community Development Director to prepare and negotiate the terms of a purchase agreement with Jim Funkhauser for a projected closing date before the end of 1997. Council Member Kuether moved to approve the Funkhauser land contract and to authorize the City Attorney and Community Development Director to prepare and negotiate the terms of a purchase agreement. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 132 Awarding Bid for Storage Building on the City Hall Property - Mr. Ahrens explained that on September 8, 1997 Council approved plans and specifications for the construction of a 4,800 -square -foot storage building. Pursuant to advertisement for bids the City opened four bids on Thursday, October 2, 1997, with the following results: Company Base Bid Riverside Construction Hollister Construction Braden Comm., Inc. Amer. Liberty Constr.,Inc. Engineer's estimate $166,800.00 $163,715.00 $176,900.00 $179,186.00 $190,000.00 Sewer Bid $1,400 $5,150 $4,200 $4,000 Total Bid $168,200.00 $168,865.00 $181,100.00 $183,186.00 The low bid is approximately 13% lower than the Engineer's estimate of $190,000. The sanitary sewer bid amount noted above is to install approximately 200 linear feet of sanitary sewer line connecting the drain inside the building to the septic system. Mr. Ahrens stated that Riverside Construction has performed work similar to that required for this project, and is a capable contractor to complete the work. Mr. Ahrens provided the following breakdown of funding for this project, as follows: 1997 Budget $103,800 Antenna Lease 76,200 (1997 and 1998) Total $180,000 18 COUNCIL MINUTES OCTOBER 13,1997 Council Member Bergeson moved to adopt Resolution No. 97 - 132, as presented. Council • Member Kuether seconded the motion. Motion carried unanimously. • • Resolution No. 97 - 132 can be found at the end of these minutes. Consideration of Resolution No. 97 - 144 Approving Plans and Specifications and Ordering Advertisement for Bids, Laurene Avenue Lift Station Modifications - Mr. Ahrens presented the following background for this item: As part of the Metropolitan Council's plan to construct a new lift station on Ware Road, the City and Metropolitan Council executed a Conveyance Agreement that transfers the Laurene Avenue lift station from the Metropolitan Council to the City. Now that the new Ware Road lift station is fully operational, the Metropolitan Council is preparing to remove their pumps, control panel, and generator from the Laurene Avenue lift station. Therefore, the City needs to install pumps and make minor modifications to the lift station. The plans were completed by the City's consulting engineer, SEH, Inc., and Staff has sent the plans to various contractors for quotations. Staff received two quotations; however, both were over the $25,000 limit allowed by governmental agencies to order work. Staff is, therefore, requesting that Council approve the plans and specifications and authorize advertisement for bids to make modifications to the Laurene Avenue lift station. Council Member Kuether moved to adopt Resolution No. 97 - 144, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 144 can be found at the end of these minutes. Consideration of Resolution No. 97 - 146 Ordering Preparation of Report on Improvement, Lake Drive Trunk Utilities, 79th Street to Main Street - Mr. Ahrens explained that the City's consulting engineer, SEH, Inc., is investigating the extension of utilities along Lake Drive from 79th Street to Main Street and along Main Street from Lake Drive to Lino Lakes Elementary School. This resolution requires Council approval to order the preparation of the report per State Statutes and the Lino Lakes City Charter. Council Member Neal requested clarification of where the trunk line would be located, with specific reference to the VFW. Mr. Ahrens explained that the VFW would most likely be served by a lateral from the existing utility. Council Member Neal indicated concern that proposed installations are not marked clearly for public recognition. Mr. Ahrens suggested that an additional project might include the installation of additional utility services to accommodate the VFW as well as other necessary locations along that route. Mr. Wessel commented that as soon as the Police Department is transferred to the new public facilities project, the land currently occupied by the Department will be placed on the market. Therefore, installation of utilities is imperative for the sale of that property. Council Member Kuether moved to adopt Resolution No. 97 - 146, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 146 can be found at the end of these minutes. COUNCIL MINUTES OCTOBER 13, 1997 Consideration of Resolution No. 97 - 147 Receiving Report and Calling Hearing on Improvement, Lake Drive Trunk Utilities, 79th Street to Main Street - Mr. Ahrens stated that Council is expected to order the preparation of a feasibility report investigating utility extension along Lake Drive and Main Street. In accordance with Minnesota State Statutes 429 and the Lino Lakes City Charter, the feasibility report is to be received by Council and a public hearing scheduled. The public hearing is scheduled for the November 24, 1997 Council meeting. Staff is tentatively planning a neighborhood meeting with abutting property owners prior to the public hearing. The project calls for a 21" diameter sewer line and a 12" diameter ductal watermain. The estimated project cost is $836,479. Council Member Kuether moved to adopt Resolution No. 97 - 147, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 147 can be found at the end of these minutes. CONSIDERATION OF APPOINTING A NEW PARKS AND RECREATION SUPERINTENDENT, RANDY SCHUMACHER Mr. Schumacher explained that City Staff has recently completed a comprehensive selection process for the position of Parks and Recreation Director. The process included involvement of two separate committees composed of administrative staff, Parks and Recreation staff, and the Park Board Chairman. Approximately 40 candidates submitted resumes for consideration. Eight candidates were given initial interviews, with Mr. Lindy and Mr. Schumacher interviewing the top four candidates. The two committees met and made a unanimous recommendation that Mr. Rick DeGardner be offered the position. Mr. Schumacher added that Mr. DeGardner has 10 years of experience with the City of Fridley, is a graduate of Blaine High School, and has a Masters Degree in Park, Recreation and Leisure Studies from the University of Minnesota. Council Member Kuether asked about starting pay for this employee. Mr. Schumacher indicated that he would be in the LLMA and subject to that pay scale, but that he did not know at what level. Mayor Landers asked what Mr. DeGardner's starting date would be. Mr. Schumacher indicated that he would start two weeks from this date. Council Member Kuether moved to approve offering the position of Parks and Recreation Director to Rick DeGardner. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS - None. NEW BUSINESS Consideration of Minutes, November 25, 1996 (Council Members Kuether and Lyden were absent) 20 COUNCIL MINUTES OCTOBER 13, 1997 Council Member Bergeson moved to approve the November 25, 1996 minutes, as presented. • Council Member Neal seconded the motion. Motion carried unanimously. • • Consideration of Minutes, September 22, 1997 (Council Members Kuether and Bergeson were absent) This matter was tabled until the October 27, 1997 Council meeting. REMINDER: HRA Organizational Meeting Rescheduled for October 27, 1997, 6:00 P.M. ADJOURN Council Member Kuether moved to adjourn at 9:36 P.M. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the regular Council Meeting, October 27, 1997. Marilyn Ason, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. L. anders, ayor Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 21 - 97 AN ORDINANCE ADOPTING AN AUTOMATED PAWN SYSTEM ORDINANCE The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Chapter 614, Pawnbrokers/Precious Metal Dealers/Secondhand Goods Dealers ordinance of the City Code was adopted by the Lino Lakes City Council on October 3, 1997. Following is a summary of the provisions of that ordinance as adopted. A complete copy of the ordinance is available for public review at City Hall, 1189 Main Street, Lino Lakes, Minnesota, between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. The ordinance shall take effect and be in force 30 days following its publication. CHAPTER 614 ADOPTING AN AUTOMATED PAWN SYSTEM SUMMARY ORDINANCE 614.01 Purpose 614.02 Definitions 614.03 License Required 614.04 License Classifications 614.05 License Fee 614.06 Investigation Fee 614.07 Expiration of License 614.08 Application Required 614.09 Bond Required 614.10 Records Required 614.11 Daily Reports to Police 614.12 Receipt Required 614.13 Redemption Period 614.14 Holding Period 614.15 Police Order to Hold Property 614.16 Inspection of Items 614.17 Label Required 614.18 Prohibited Acts 614.19 Denial, Suspension or Revocation 614.20 Business at Only One Place 614.21 Separability • • • • ORDINANCE NO. 21 - 97 Page -2- • • This ordinance shall become effective immediately upon its passage and publication. This ordinance was adopted by the Lino Lakes City Council on this 13th day of October, 1997. ATTEST: irylycattL, 1\/ aril n G. Anderson, Clerk -Treasurer L. Landers, Mayor Motion for the adoption of the foregoing ordinance was seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Landers, Neal. The following voted against same: none, Council Member Lyden was absent. Whereupon said ordinance was declared duly passed and adopted. Council Member adoption: Kuether introduced the following ordinance and moved its CITY OF LINO LAKES ORDINANCE NO. 27 - 97 AN ORDINANCE AMENDING ORDINANCE NO. 08 - 96 SECTION 403.04, Subdivision 2, Item No. 1 and Item No. 2 as follows: 1. The City will mail a notice by March 1st of each year to properties containing on- site sewage disposal systems due to be inspected. The notice will instruct the property owner to contact a licensed septic tank pumper to clean and inspect their septic tank. The notice will also explain that all systems will be inspected biennially except those systems which are up to code and have less than 50% of the allowable sludge and scum after re -inspection. These property owners may request a triennial inspection of their systems. 2. Each property owner receiving a notice is to have their septic tank pumped; the tank inspected; and the report form completed by a license pumper and returned to the City by November 30th of the same year. This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes this 13th day of October, 1997. John Landers, Mayor ATTEST: Marilyn G.`Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said ordinance was declared duly passed and adopted. • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-125 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF CLEARWATER CREEK 2ND ADDITION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Clearwater Creek, 2nd Addition, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such 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, 1998, and shall bear interest at the rate of seven percent (7%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION 97-125 PAGE 2 Adopted by the Council of the City of Lino Lakes this 13th day of October, 1997. MarilynG ✓Anderson Clerk -Treasurer John ' . Landers, Mayor The motion for the 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon 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. 97-126 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF CLEARWATER CREEK TRUNK UTILITIES, WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Clearwater Creek Trunk Utilities, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such 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, 1998, and shall bear interest at the rate of seven and one half percent (7.5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION 97-126 PAGE 2 Adopted by the Council of the City of Lino Lakes this 13th day of October, 1997. Joh L. Landers, Mayor -11(1a, CL14-4.111-/ Marilyn G. Anderson, Clerk -Treasurer The motion for the 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon 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. 97 - 127 RESOLUTION ADOPTING ASSESSMENT FOR STREET AND UTILITY IMPROVEMENTS ASSOCIATED WITH THE CENTENNIAL MIDDLE SCHOOL WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the Street and Utility Improvements associated with the Centennial Middle School Site, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 1998, and shall bear interest at the rate of 7.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 97-127 Page 2 Adopted by the council this 13th day of October, 1997. arilyn qq , Anderson, Clerk -Treasurer John 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, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on October 13, 1997. ✓L -64:g &4)c"2A Clerk • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 128 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF BALDWIN LAKE COURT PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the Street and Utility Improvements associated with the Baldwin Lake Court Project, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 1998, and shall bear interest at the rate of 7.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. • Resolution No. 97-128 Page 2 Adopted by the council this 13th day of October, 1997. John L. Landers, Mayor , (71`) (� G li 4 flyL Marilyn G. 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on October 13, 1997. ClerK, • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 130 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF PHEASANT HILLS PRESERVE 7th ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the Street and Utility Improvements associated with the Pheasant Hills Preserve, 7th Addition, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 1998, and shall bear interest at the rate of 7.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. • Resolution No. 97-130 Page 2 Adopted by the council this 13th day of October, 1997. John L. Landers, Mayor 5,A:tkt/Qd Ma ilyn eAnderson, 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on October 13, 1997. Cx, Clerk • • • • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-132 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - PUBLIC WORKS STORAGE BUILDING. WHEREAS, pursuant to an advertisement for bids for the construction of the Public Storage Building Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Riverside Construction Hollister Construction Braden Comm., Inc. American Liberty Const., Inc. Base Bid $166,800.00 $163,715.00 $176,900.00 $179,186.00 Sewer Bid Total Bid $1,400 $5,150 $4,200 $4,000 $168,200.00 $168,865.00 $181,100.00 183,186.00 AND WHEREAS, it appears that Riverside Construction of Elk River, 19230 Evans Street, Elk River, MN 55330, is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Riverside Construction of Elk River, 19230 Evans Street, Elk River, MN 55330, that in the name of the City of Lino Lakes for the construction of Public Works Storage Building Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 13th da, of October, 1997. Marilyn G. Anderson, Clerk -Treasurer 72 L. Landers, Mayor Resolution 97-132 Page 2 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on October 13, 1997. Marilyn G. Anderson, Clerk -Treasurer • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-133 RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and conferred upon it responsibility for economic development within Lino Lakes. 1.02. The City approved a tax increment financing plan (the "Plan") for Tax Increment Financing District No. 1-7 on May 22, 1995. 1.03. In the past the TIF Plan has been modified to assist improvements within Tax Increment Financing District No. 1-7. 1.04. In response to recent a development proposal from Rice Industries, Inc., the Authority and the City have authorized the preparation of a modified Plan, which is contained in a document entitled "Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-7" dated October 13, 1997 and on file with the clerk -treasurer. 1.05. Copies of the modified Plan have been forwarded to Independent School District Nos. 12 and 834 and Anoka County along with notice of a public hearing to be held by the City on October 13, 1997. 1.06. The Authority has adopted the modified Plan and referred it to the City for public hearing and consideration as provided by Minnesota Statutes, sections 469. 174 through 469 179 (the "TIF Act.") 1.07 The City has fully reviewed the contents of the modified Plan and has on this date conducted a public hearing thereon at which the views of all interested persons were heard Section 2. Findings; Modification of Plan_ 2.01 It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of fax Increment Financing, District No 1-7 and the City as a \\, hole, and for the protection and preservation of the public health, salcty _ and general \\ elfin c. • Resolution No. 97 - 133 Page -2- that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the modified Plan could not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing are necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-7 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing. 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implications conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-7 are not affected by this modification and are described in the modified Plan dated March 25, 1996. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota state auditor as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. 3.05. The Authority is authorized and directed to contact the Anoka County auditor and request that the tax capacities of the parcels added to the TIF District as a result of this modification be reflected in the original tax capacity of the TIF District. • • • Resolution No. 97 0 133 Page -3- DATED: October 27 , 1997 ATTEST: Marilyn G. Anderson Clerk -Treasurer John Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: None, Council Member Lyden was absent. Whereupon said resolution vas declared duly passed and adopted Member Kuether introduced the following resolution and moved its adoption: 411 CITY OF LINO LAKES RESOLUTION NO. 97-134 RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-1 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The city council of the City of Lino Lakes (the "City") established Development District No. 1 ("Development District") and Tax Increment Financing District No. 1-1 ("TIF District No. 1-1") on January 26, 1987. 1.02. The City established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and transferred authority for the Development District and TIF District No. 1-1 to the Authority. 1.03. In the past the Development District Program (the "Program") and the TIF Plan has been modified to assist improvements within the Development District pursuant to Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act"). 1.04. It is proposed that the Plan for TIF District No. 1-1 again be modified in order to authorize expenditures for public improvements in the Village. 1.05. The Authority and the City have authorized preparation of a modified TIF Plan which is contained in the document entitled "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-1," dated October 13, 1997 and on file with the Authority_ 1.06. Copies of the Plan have been forwarded to Independent School District No_ 12 and Anoka County along with a notice of a public hearing to be held by the City of October 13, 1907 1.07. The Authority has adopted the modified Plan and referred it to the City for public I]earin�i and consideration as provided the Tir Act and the City Development District Act 1 Off; The City has fully reviewed the contents of the modified Plan and has on this dated conducted a public hearing, thereon at which the views of all interested persons were beard • • Resolution No. 97 - 134 Page -2- Section 2. Findings; Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District No. 1-1 and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development which has occurred within TIF District No. 1-1 which was made possible by major infrastructure improvements in the modified Plan would not reasonably be expected to occur solely through private investment and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing in the form of a reimbursement to the City for funds previously spent on infrastructure improvements were necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-1 in terms of development intensity, employment opportunities and tax base. • 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing. 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implications conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-1 are not affected by this modification and are described in the original Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota state auditor as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy olthis resolution to the Authority. • Resolution No. 97 - 134 Page -3- DATED: October 13 , 1997 ATTEST: arilyn G. nderson Clerk -Treasurer 4-Ae John L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. • • • • Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-135 RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-2 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The city council of the City of Lino Lakes (the "City") established Development District No. 1 ("Development District") and Tax Increment Financing District No. 1-2 ("TIF District No. 1-1") on December 27, 1988. 1.02. The City established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and transferred authority for the Development District and TIF District No. 1-2 to the Authority. 1.03. In the past the Development District Program (the "Program") and the TIF Plan has been modified to assist improvements within the Development District pursuant to Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act"). 1.04. It is proposed that the Plan for TIF District No. 1-2 again be modified in order to authorize expenditures for public improvements in the Village. 1.05. The Authority and the City have authorized preparation of a modified TIF Plan which is contained in the document entitled "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-2," dated October 13, 1997 and on file with the Authority. 1.06. Copies of the Plan have been Forwarded to Independent School District No. 12 and Anoka County along with a notice of a public hearing to be held by the City of October 13, 1997. 1.07. The Authority has adopted the modified Plan and referred it to the City for public hearinee and consideration as provided the T10 Act and the City Development District Act 1 ()S The City has fully reviewed the contents of the modified flan and has on this dated conducted a public hearing, thereon at which the views ofall intcrested hcrsons were heard Resolution NO. 97 - 135 Page -2- Section 2. Findings; Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District No. 1-2 and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development which has occurred within TIF District No. 1-2 which was made possible by major infrastructure improvements in the modified Plan would not reasonably be expected to occur solely through private investment and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing in the form of a reimbursement to the City for funds previously spent on infrastructure improvements were necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-2 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing. 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implications conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-2 are not affected by this modification and are described in the original Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota state auditor as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. • • • • • • Resolution No. 97 - 135 Page -3- DATED: October 13 , 1997 ATTEST: Marilyn G. Anderson Clerk -Treasurer John L. Landers, Mayor 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, Landers, Neal. and the following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted_ Member Kuether introduced the following resolution and moved its adoption• CITY OF LINO LAKES RESOLUTION NO. 9 7 -13 6 RESOLUTION REQUESTING ANOKA COUNTY TO DECERTIFY TAX INCREMENT FINANCING DISTRICT NO. 1-1 WHEREAS, the City Council of the City of Lino Lakes (the "City") established Tax Increment Financing District No. 1-1 ("TIF District No. 1-1") on Janaury 26, 1987; and WHEREAS, administrative responsibility for TIF District No. 1-1 was transferred in 1990 from the City to the Lino Lakes Economic Development Authority (the "Authority"); and WHEREAS, the plan for TIF District No. 1-1 was amended on December 18, 1995 and October 13, 1997 to modify the budget; and • WHEREAS, the Authority has determined that the objectives for which TIF District No. 1-1 was established have been accomplished and has requested that the City join it in requesting Anoka County to decertify TIF District No. 1-1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Lino Lakes, Minnesota as follows: The City joins with the Authority in requesting that Anoka County decertify TIF District No. 1-1, effective December 31, 1997. City staff are authorized and directed to transfer all funds from the TIF District account prior to decertification oithe 11F District, in accordance with the modified TIF plan. City stall and consultants are authorized and directed to take anv and all other ;tees nCCCSSary or Cfect the purposes 01 this resolution. • • • • Resolution No. 97 - 136 Dated: October 13, 1997. ATTEST: Mari 6--1--Lk10.t9ru n An rson, Clerk -Treasurer o ► L. Lan. ers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. Member Bergeson introduced the following resolution and moved its adoption CITY OF LINO LAKES RESOLUTION NO. 97-137 RESOLUTION REQUESTING ANOKA COUNTY TO DECERTIFY TAX INCREMENT FINANCING DISTRICT NO. 1-2 WHEREAS, the City Council of the City of Lino Lakes (the "City") established Tax Increment Financing District No. 1-2 ("TIF District No. 1-2") on December 27, 1988; and WHEREAS, administrative responsibility for TIF District No. 1-2 was transferred in 1990 from the City to the Lino Lakes Economic Development Authority (the "Authority"); and WHEREAS, the plan for TIF District No. 1-2 was amended on December 18, 1995 and October 13, 1997 to modify the budget; and • WHEREAS, the Authority has determined that the objectives for which TIF District No. 1-2 was established have been accomplished and has requested that the City join it in requesting Anoka County to decertify TIF District No. 1-2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Lino Lakes, Minnesota as follows: 1. The City joins with the Authority in requesting that Anoka County decertify TIF District No. 1-2, effective December 3 1 , 1997. City staff are authorized and directed to transfer all funds from the I -IF District account prior to decertification of the TIF District_ in accordance with the modified TIF plan. City staff and consultants are authorized and directed t(1 take an and all other sups necessary or Convenient to effect the purposes of this resolution. • • • • Resolution No. 97 - 137 Dated: October 13, 1997. ATTEST: Ma lyn Attlerson, Clerk -Treasurer 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, Neal, Landers. and the following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. Member Kuether introduced the following resolution and moved its adoption: • CITY OF LINO LAKES RESOLUTION NO.9 7-138 RESOLUTION REQUESTING ANOKA COUNTY TO DECERTIFY TAX INCREMENT FINANCING DISTRICT NO. 1-3 WHEREAS, the City Council of the City of Lino Lakes (the "City") established Tax Increment Financing District No. 1-3 ("TIF District No. 1-3") on October 10, 1989 in order to assist in the redevelopment of the site of the former Ross liquor store; and WHEREAS, administrative responsibility for TIF District No. 1-3 was transferred in 1990 by the City to the Lino Lakes Economic Development Authority (the "Authority"); and WHEREAS, following establishment of TIF District No. 1-3, no development or", redevelopment occurred on the property; and WHEREAS, Minnesota Statutes, section 469.176, subd. la prohibits payment of tax increment to an authority after three years from the date of certification of a tax increment district unless within said three years, bonds are sold, property is acquired or public improvements are constructed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Lino Lakes, Minnesota as follows: The City joins with the Authority in requesting that Anoka County decertify TIF District No. 1-3, effective immediately. City staff and consultants are authorized and directed to take any other actions necessary or convenient to comply with the intent of this resolution. • • • Resolution No. 97 - 138 Dated: October 13, 1997. ATTEST: Marilyn An rson/1//, , Clerk -Treasurer Zet L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. and the following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 96- 139 RESOLUTION AUTHORIZING THE RECONVEYANCE AND CONVEYANCE FOR NON SPECIFIC PUBLIC USE OF LOT 4, BLOCK 3, LEXINGTON PARK LAKEVIEW WHEREAS, that City Council has authorized the sale of Lot 4, Block 3, Lexington Park Lakeview to Anoka County Community Action Programs, and WHEREAS, in order to facilitate that sale the City must reconvey the property to the County and then the County must convey the property back to the city for nonspecific public use, and WHEREAS, the Mayor and City Clerk are authorized to sign the proper reconveyance and conveyance forms to facilitate this transaction, NOW, THEREFORE, be it resolved by the Council of the City of Lino Lakes that the Mayor and City Clerk are hereby authorized to sign the proper reconveyance and conveyance forms to facilitate the sale of Lot 4, Block 3, Lexington Park Lakeview as previously approved by the Council. Adopted by the Lino Lakes City Council this 13t day of October, 1997. ATTEST Marilyn G. Anderson, Clerk/Treasurer— hn Landers, Mayor A 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. • • • • • Council member Bergeson introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-140 RESOLUTION TRANSFERRING FUNDS FROM T.I.F. DISTRICT 1-1 TO THE TOWN CENTER FUND FOR CITY INFRASTRUCTURE COSTS THEN CLOSING T.I.F. DISTRICT 1-1 FUND EFFECTIVE DECEMBER 31, 1997 WHEREAS, T.I.F. District 1-1 should be closed, and WHEREAS, there is a balance in the account, and WHEREAS, the Town Center project is within Development District 1, and WHEREAS, increment collected in this district can be used for eligible expenses within the development district. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized and the fund be closed effective December 31, 1997 Town Center Fund (431) T.I.F. 1-1 (09/30/97) (407) T.I.F. 1-1 (Estimated 2nd half taxes) T.I . F. 1-1 (Estimated interest earnings) Increase $600,155 Decrease ($474,155) ($120,000) ($ 6,000) Adopted by the City Council of Lino Lakes this 13th day of October, 1997. Marilyn Anderson, Clerk Treasurer n Landers - Mayor 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted. Council member Bergeson introduced the following resolution and • move its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-141 RESOLUTION TRANSFERRING FUNDS FROM T.I.F. DISTRICT 1-2 TO THE TOWN CENTER FUND FOR CITY INFRASTRUCTURE COSTS THEN CLOSING T.I.F. DISTRICT 1-2 FUND EFFECTIVE DECEMBER 31, 1997 WHEREAS, T.I.F. District 1-2 should be closed, and WHEREAS, there is a balance in the account, and WHEREAS, the Town Center project is within Development District 1, and WHEREAS, increment collected in this district can be used for eligible expenses within the development district. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized and the fund be closed effective December 31, 1997 Town Center Fund (431) T.I.F. 1-2 (09/30/97) (407) T.I.F. 1-2 (Estimated 2nd half taxes) T.I.F. 1-2 (Estimated interest earnings) Increase $255,351 Decrease ($172,351) ($ 80,000) ($ 3,000) Adopted by the City Council of Lino Lakes this 13th day of October, 1997. Marilyn G. Anderson, Clerk Treasurer Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member Kuetherand upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. • Where upon said resolution was declared duly passed and adopted: • • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-142 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF BEHM'S CENTURY FARM 2ND ADDITION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Behm's Century Farm, 2nd Addition, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such 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, 1998, and shall bear interest at the rate of seven percent (7%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. RESOLUTION 97-142 PAGE 2 Adopted by the Council of the City of Lino Lakes this 13th day of October, 1997. John . Landers, Mayor fw . keit_}...�Y7 L� Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. • • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 143 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF APOLLO TOWNHOMES WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the Street and Utility Improvements associated with the Apollo Townhomes, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 1998, and shall bear interest at the rate of 7.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 97-143 Page 2 Adopted by the council this 13th day of October, 1997. Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on October 13, 1997. Clerk • • • • • Council Member Kuether its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 -144 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS, LAURENE AVENUE LIFT STATION MODIFICATIONS WHEREAS, the City Council of Lino Lakes entered into a Conveyance Agreement with the Metropolitan Council conveying the Laurene Avenue lift station to the City of Lino Lakes, WHEREAS, the City of Lino Lakes needs to make modifications to the lift station, and WHEREAS, SEH, Inc., has prepared plans and specifications for the improvement and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for ten (10) days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Thursday, November 6, 1997, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, November 10, 1997, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 13th day of October, 1997. C - r ki - (,-), r,., '',.' ,,L Marilyn G. Anderson, Clerk -Treasurer n L. Landers, Mayor Resolution No. 97- 144 Page -2- 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on October 13, 1997. Marilyn G. Anderson, Clerk -Treasurer 1 • • • • Council Member Kuether its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97-146 RESOLUTION ORDERING PREPARATION OF REPORT FOR LAKE DRIVE TRUNK UTILITY IMPROVEMENTS FROM 79TH STREET TO MAIN STREET AND MAIN STREET FROM LAKE DRIVE TO LINO LAKES ELEMENTARY SCHOOL WHEREAS, it is proposed to improve Lake Drive from 79th Street to Main Street and Main Street from Lake Drive to Lino Lakes Elementary School by constructing watermain and sanitary sewer and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 13th y of October, 1997. Y' J Jo n L. Landers, Mayor Marilyn G. nderson, 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, Neal, Landers. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on October 13, 1997. Marlyn G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-147 RESOLUTION RECEIVING REPORT AND CALLING HEARING FOR LAKE DRIVE TRUNK UTILITY IMPROVEMENTS FROM 79TH STREET TO MAIN STREET AND MAIN STREET FROM LAKE DRIVE TO LINO LAKES ELEMENTARY SCHOOL. WHEREAS, pursuant to resolution of the council adopted October 13, 1997, a report has been prepared by SEH, Inc., with reference to the improvement of Lake Drive from 79th Street to Main Street and along Main Street from Lake Drive to Lino Lakes Elementary School by constructing watermain and sanitary sewer and this report was received by the council on October 13, 1997, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $836,500. 2. A public hearing shall be held on such proposed improvement on the 24th day of November, 1997, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 13th day of Oo ober, 1997. n Landers, Mayor Marilyn 0 Anderson Clerk -Treasurer • • • • • • Resolution No. 97-147 Page 2 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, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on October 13, 1997. Marilyn e'. Anderson, Clerk -Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 -148 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Lino Lakes enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing (COPS) Grants program - Overtime during the period from November 1, 1997 through July 31, 1998. David J. Pecchia, Chief of Police is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes. I certify that the above resolution was adopted by the City Council of the City of Lino Lakes on October 13, 1997. Jo L. Landers, Mayor Marilyn G. A derson, Clerk-Treasurer/Witness The motion for the 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, Neal, Landers. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. • • • Council Member Neal moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 97-149 RESOLUTION AMENDING THE CITY OF LINO LAKES INVESTMENT POLICY WHEREAS, the original policy was adopted per Resolution No. 29-91, and WHEREAS, that policy does not allow investments by the Finance Director, and WHEREAS, the State Statute referenced in the current policy is 475, which has been repealed, and WHEREAS, the current State Statute that covers the investing of municipal funds is 118, and WHEREAS, the regulations for investing have changed since 1991. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the City Investment Policy be amended to reflect these changes effective immediately. Adopted by the City Council of Lino Lakes this 13th day of October, 1997. Joh$ Landers - Mayor Maiilyn G. Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Landers. The following voted against same: None, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted.