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HomeMy WebLinkAbout11/10/1997 Council Minutes (2)• COUNCIL MINUTES NOVEMBER 10, 1997 CITY OF LINO LAKES MINUTES DATE : November 10, 1997 TIME STARTED : 6:42 P.M. TIME ENDED : 8:43 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Neal and Lyden MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Financial Director, Mary Vaske; Building Official, Pete Kluegel; and Clerk -Treasurer, Marilyn Anderson. SETTING THE AGENDA Mayor Landers requested the addition of a Proclamation as Agenda Item No. 11.D., and corrected Items 8.A. and 8.C. to require a 3/5ths vote rather than a 4/5ths vote, as stated on the agenda. Council Member Neal requested addition of Agenda Item 5.A., Pumping Septic Systems. II/ The agenda was approved as amended. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES, October 27, 1997 DISBURSEMENTS: October 31, 1997 ($18,087.59) ACTION Approved Approved November 10, 1997 (Checks No. 49180 - 49295, $268,598.08) Approved Centennial Fire District Approved • RESOLUTION NO. 97 - 162, ACCEPT EASEMENT, OTTER LAKE ROAD REALIGNMENT PROJECT Approved COUNCIL MINUTES NOVEMBER 10, 1997 OPEN MIKE Mayor Landers called for representatives of the Parks & Recreation Department in order to present to them the 1998 Annual Distinguished Budget Award in appreciation for their thorough and complete submission of their contribution to the 1998 Budget. Mr. Schumacher explained further that the reason this award was presented to the Parks & Recreation Department at this time is not just because of their excellent work, but because they accomplished the necessary budgetary goals in a timely manner without the aid of a director. He added that this award is not given routinely every year, but is presented only when extraordinary service is rendered. Kim Sullivan of 7132 Whippoorwill Lane commended the Parks Department for its efforts in connection with budget preparation, and to Ms. Vaske individually for her willingness to recognize the good work of fellow employees. She then expressed concern that plans thus far for the new City Hall complex are not being considered by all affected parties, and strongly encouraged Council to hold the City Staff accountable to ensure that everyone involved is offered the opportunity to provide input. 6:30 P.M., PUBLIC HEARING, CERTIFICATION OF CERTAIN DELINQUENT SEWER AND WATER UTILITY BILLS, MARY VASKE Ms. Vaske explained that each year the Utility Department experiences difficulty collecting some quarterly sewer and water bills. Notification has been forwarded to those residents having outstanding bills explaining the deadline for payment of those bills would be November 14, 1997. Most bills left unpaid when a resident moves are turned over to a collection agency, and are collected in this manner. However, bills not collected by a collection agency and delinquent bills of current residents are certified to Anoka County by resolution for collection with property taxes. The residents named in Resolution No. 97 - 166 have received the required notification of this public hearing, which is being held to allow residents to speak regarding their delinquent bills. Following adoption of this resolution, the Finance Department will continue to receive payments on delinquent bills. Some of the delinquent utility bills included in Resolution No. 97 - 166 will be paid before the certification date and will be stricken from the assessment roll. Mayor Landers opened the public hearing at 6:51 p.m. There being no public response, Council Member Kuether moved to close the public hearing at 6:52 p.m. Council Member Lyden seconded the motion. Council Member Neal pointed out that in some cities utility services are discontinued when bills go unpaid. Ms. Vaske indicated that there is only one city in the area that has handled unpaid 2 COUNCIL MINUTES NOVEMBER 10, 1997 • utility bills in this manner. City Attorney Bill Hawkins indicated that most cities handle this problem in the manner proposed by Ms. Vaske. • • Motion carried unanimously. Consideration of Resolution No. 97 -166 Authorizing the City Clerk -Treasurer to Certify Delinquent Water and Sewer Utility Bills for Collection with the 1997 Property Taxes Collectable in 1998 Resolution No. 97 - 166 includes a list of delinquent accounts and certifies the amounts, including a $30 administrative fee. Council Member Lyden moved to adopt Resolution No. 97 - 166, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 166 can be found at the end of these minutes. CONTINUATION OF ASSESSMENT HEARING, I-35W/LAKE DRIVE INTERCHANGE COMMERCIAL DEVELOPMENT AREA 1997 ASSESSMENT ROLLS, DAVID AHRENS Mr. Ahrens explained that on August 25, 1997, Council set the public hearing for proposed assessments to the 35W Trunk Highway 49 Interchange commercial development utility improvements for Monday, October 13, 1997. That hearing was continued until November 10, 1997 to allow for investigation of assessment issues relative to one parcel within the project area. These issues were discussed at the most recent Council work session, and it was decided to table this action until such time as Staff could propose a revision to the current assessment policy. Mr. Ahrens added that if Council feels that at this time there has been sufficient public input, the hearing could be closed and Resolution No. 97 - 129 adopted upon investigation of the amended assessment policy; or, if Council feels additional public input is necessary, the public hearing could be continued and adoption of Resolution No. 97 - 129 could be delayed until Staff has had an opportunity to investigate a policy change. Council Member Bergeson asked Mr. Ahrens for a timeline with respect to a recommendation. Mr. Ahrens indicated an outside date of December 15, 1997, but that he felt the recommendation would come sooner. Mayor Landers opened the public hearing at 6:55 p.m. Joel Tagg, 7504 Lake Drive, addressed Council, asking if the entire project would be delayed pending Mr. Ahrens' proposed additional research. Mr. Ahrens responded that certification of assessment must take place by late November, so the entire project would be delayed. COUNCIL MINUTES NOVEMBER 10, 1997 Council Member Bergeson moved to table this item until the December 15, 1997 regular Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 129 Adopting Assessment, I-35W/Lake Drive Interchange Commercial Development Area Council Member Kuether moved to table consideration of Resolution No. 97 - 129 until the December 15, 1997 regular Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. THIRD QUARTER BUILDING REPORT, PETE KLUEGEL Mr. Kluegel stated that a total of 467 building permits were issued through. September 30, 1997, and that total construction valuation was $25,289,601 for that same period. He explained that for the same period in 1996 there were 484 total permits with a valuation of $63,586,966. Mr. Kluegel added that to date 134 new single-family dwelling permits have been issued in 1997, compared to 148 through the third quarter, 1996. The industrial sector acquired one office warehouse building, GNW at 2289 Cedar Street, totaling $1,600,000. The Fairview Health Care Services building was added to the commercial sector, valued at $1,046,497. Additionally, a water tower antenna valued at $32,000 and NEXTEL Cellular Telephone valued at $30,000 were constructed during that period, as well as a handball court valued at $39,700 at the Minnesota Correctional Facility. Pumping Septic Systems - Council Member Neal asked Mr. Kluegel about the possibility of foregoing required system pumping until after the winter season, as systems freeze when pumped during the winter months. He pointed out that many individuals living along --primarily senior citizens --have expressed considerable concern regarding this issue. Mr. Kluegel agreed that there are many citizens who live alone and do not generate sufficient waste to warrant required pumping; however, there are many families who do have this need. Mayor Landers pointed out that the City of Lino Lakes adopted its pumping policy at the direction of the Metropolitan Council, and that the City's policy is considerably more lenient than that of the Metropolitan Council. Council Member Neal expressed a desire to achieve a more consistent fee schedule for those who provide this service. Council Member Kuether indicated that citizens should call a number of providers prior to scheduling this service, and inquire as to their fees. Council Member Lyden asked if there is concern about systems that have been pumped but have not had the required documentation provided by the service provider. Mr. Kluegel stated that this has occurred; however, he indicated that the paperwork had not reached the City due to nonpayment of bills for the service. 4 COUNCIL MINUTES NOVEMBER 10, 1997 Mayor Landers asked for a date when it would no longer be safe to pump septic systems. Mr. Kluegel speculated that the end of November might be possible, depending upon the weather. Council Member Neal suggested that Mr. Kluegel monitor this situation carefully, and report any problems to the Council. Mr. Kluegel indicated that he would work with other Staff to prepare an additional report to Council on this matter. Council Member Kuether moved to accept the Third Quarter Building Report, as presented. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Update, Comprehensive Land Use Plan - Mr. Wessel commented that commercial value is beginning to appear on the building permit report. He suggested that this is the beginning of a good, strong trend. Mr. Wessel then reminded Council that that the Comprehensive Plan task force and joint sessions continue, the next one being on November 20, 1997, at 6:00 p.m. at City Hall. He added that these sessions are important, as they provide a basis for recommendation to the neighborhoods by February or March regarding a philosophy of growth for the community. The goal remains mid year for submission of the Comprehensive Plan for Council approval, and the January 14, 1998 Planning & Zoning Committee meeting date remains the target for this action. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 32 - 97, Rezone Highland Meadows (4/5ths Vote) - Ms. Wyland explained that Council approved the preliminary plat and the first reading of this ordinance at its October 27, 1997 meeting. Action at this time represents the second reading to rezone the Highland Meadows site to a planned development overlay with a portion of the site being zoned R-3 for medium density housing. Council Member Neal requested additional information regarding traffic issues, proposed road reconstruction, and what area of the project the reconstruction roadway would serve. Ms. Wyland responded by reviewing action thus far with respect to this project. She explained that neighborhood meetings have been held and feasibility studies accomplished, and that the developer has agreed to all additional requirements as stipulated by the City. Council Member Neal asked about the proposed speed limit. Mr. Ahrens indicated that 30 miles per hour is required by State law. Council Member Neal then spoke on behalf of a citizen who feels that the proposed project is not in accordance with the 20/20 Vision policy. Ms. Wyland responded that the 20/20 Vision project called for multiple development throughout the community, and that this project adheres to that recommendation. 5 COUNCIL MINUTES NOVEMBER 10, 1997 Council Member Neal asked about the trail system, which is proposed to be installed under power lines. He expressed concern that utility service trucks would damage the trails themselves as they work on utility lines. Ms. Wyland explained the proposed trail system route, adding that the Fox Trace trail system follows a similar route. Council Member Neal also clarified that sewer and water would not be accessible to properties along Lake Drive without this project. Ms. Wyland responded that this project will have significant impact upon extension of these utilities to Lake Drive, and Mr. Ahrens echoed her sentiments, adding that the provision of these utilities would be much more costly to the City absent this project. Council Member Lyden stated that the convenience of utilities along Lake Drive is not sufficient reason for this project. He added that utilities along Lake Drive should be installed for commercial benefit, not to add "rooftops". Mayor Landers reminded the group that there are residences on Lake Drive beyond the boundaries of this project who, if not presently, will soon require these services. He also asked for clarification as to the sufficiency of the trail system to handle service vehicles as they work on utility lines. Mr. Ahrens explained that the trail, ultimately proposed from Lake Drive to Sunset, could be designed to accommodate the few trucks that would travel in the trail area for that purpose. He added that the substance should be 5- to 6 -ton design, but could investigate the possibility to raising that limit to 7 -ton. Council Member Bergeson asked about green space within the development, and whether or not wildlife would be accommodated. Ms. Wyland pointed out the proposed green space area, indicating that there will be an additional 5 acres of park land as well as varying degrees of setback, creating the appearance of more open space within this development than in typical developments in the past. Council Member Neal asked for a time frame within which this project will be constructed. Ms. Wyland reminded Council that there is undeveloped property to the north of the project area whose development will dictate total completion of the development. Bruce Kerber of North Suburban Development spoke about the trail system, stating that the easement involved would eventually be deeded back to the park system. He then provided Council with a visual aid in the form of a map, showing the group the actual proposed trail system. Mr. Kerber stated that the County would like for the development to use Wood Duck as egress from the project until such time as the commercial property is developed allowing for connecting roadways. He added that the portion of the project below the aforementioned commercial property is projected for completed within two years. Council Member Kuether asked if all of the quad homes are within the southern (bottom) portion of the development, to which Mr. Kerber responded yes. Council Member Bergeson asked if the number of units proposed will be included in the 6 e COUNCIL MINUTES NOVEMBER 10, 1997 southern portion of the development only. Mr. Kerber stated that the 158 units represent the entire project, and that the southern portion represents approximately 2/3 of the overall development. Council Member Lyden asked that anyone in the audience be allowed to speak. Mayor Landers asked for new information only. Mr. Chris Eiwin, 638 Barbara Lane, stated that very few Barbara Lane and Marilyn Drive residents receive adequate notice of the meetings with regard to this development. He felt that the notice was "last minute" not allowing sufficient time to voice opinion. Ms. Wyland reviewed the process of notification, stating that upon realizing that a number of residents who would be affected by this development had not been notified due to being outside the required area, a second neighborhood meeting was held, to which additional residents were invited. Mayor Landers added that continuation of a public hearing does not result in additional notice. Ken Jacobsen, 628 Barbara Lane, stated that he has been to many of the Planning & Zoning Committee meetings, but could not understand why zoning was proposed for change from R-1 to R-3. He expressed concern that R-3 zoning will result in "Section 8 housing", and not be as attractive as R-1. Council Member Kuether asked if a buffer of single-family homes could be placed on the outside of the proposed multi -family units in the interest of creating a more attractive neighborhood. Mr. Kerber explained that the proposed units will be moderate in size and attractive to the passerby. He agreed that landscape buffering would be possible, including evergreen trees and other shrubbery to act as a screen. Council Member Lyden moved to deny Ordinance No. 32 - 97. For lack of a second, the motion died. Council Member Kuether moved to approve Ordinance No. 32 - 97 with the condition that additional landscape berming be provided by the developer along the north side of Barbara Lane. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. Ordinance No. 32 - 97 can be found at the end of these minutes. SECOND READING, Ordinance No. 29 - 97 Amending Zoning Ordinance, Section 7, Business Districts, Subdivision 3, H. (4/5ths Vote) - Ms. Wyland explained that Council approved the first reading of this ordinance at its October 27, 1997 meeting. Approval of this ordinance will allow for exterior storage of customer vehicles waiting for repair in a commercial COUNCIL MINUTES NOVEMBER 10, 1997 zoning district. The current ordinance prohibits exterior storage of vehicles awaiting repair. As amended, all outdoor storage would be prohibited except vehicles awaiting repair. Council Member Bergeson asked if other vehicle repair businesses within the community would become illegal with the proposed amendment. Ms. Wyland explained that existing businesses would be "grandfathered in" to this ordinance. Council Member Kuether expressed concern that fencing is not included in the actual ordinance amendment. Ms. Wyland explained that another section of the existing ordinance references fencing, and that fencing is a condition of approval for the business which would benefit immediately from the amendment. Council Member Kuether moved to approve Ordinance No. 29 - 97, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 29 - 97 can be found at the end of these minutes. SECOND READING, Ordinance No. 31 - 97 Establishing Open and Outdoor Storage as an Interim Use in the Light Industrial (LI) Zoning District - Ms. Wyland explained that Council approved the first reading of this ordinance at its October 27, 1997 meeting. At that time an interim use permit for Molin Concrete was also approved, subject to approval of this second reading. Ms. Wyland reviewed the additional conditions to which approval of this ordinance is subject. Council Member Bergeson requested clarification of definition of the "drop dead" date for the interim use permit. Ms. Wyland explained that in this instance such use would terminate upon a significant change in the property use as approved, rather than at the end of a specific period of time. Council Member Bergeson moved to approve Ordinance No. 31 - 97, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 31 - 97 can be found at the end of these minutes. Resolution No. 97 - 157 Establishing Livable Community Goals - Ms. Wyland stated that as part of the Livable Communities Act, municipalities are asked to establish goals pertaining to housing affordability, life -cycle, and density. These goals are seen as objectives the City would want to meet while recognizing that there can be no quarantine of that achievement. The City originally established some rather low goals based on the fact that the Comprehensive Plan process had not yet been initiated. The Metropolitan Council accepted those one-year goals; however, they are now requesting goals projected through the year 2010. The following is a list of the City's Index, the 1996 one-year goals, suggested 1997 goals, and Metropolitan Council recommended goals: City's Index 1996 Goals 1997 Goals Met Council 8 COUNCIL MINUTES NOVEMBER 10, 1997 • Affordability Ownership 68% 60% 68% 68% Rental 23% 23% 32% 35% City's Index 1996 Goals 1997 Goals Met Council • Life -Cycle Type (non single-family, detached) 5% 10% 35% 35% Owner/Renter Mix 96/4% 90/10% 75/25% 75/25% Density Single Family 1.0/acre 1.2/acre 2.3/acre 2.3/acre Multifamily 0/acre 5/acre 10/acre 10-12/acre Council Member Kuether objected to the high percentage of goals with respect to rental property within the community. She asked Mr. Wessel why this percentage is high. Mr. Wessel explained that the percentage goals are designed to provide numbers less than the Metropolitan Council's recommendations but higher than the City's original goals in an effort to compromise until the Comprehensive Plan is complete. He indicated that the Metropolitan Council should have no difficulty in accepting these figures conditioned upon renegotiation following completion of the Comprehensive Plan. Mr. Wessel stated that he is not concerned about the stated goals, as completion of the Comprehensive Plan will certainly provide a clear projection which is more in line with realistic community prospects. Council Member Lyden suggested that the Metropolitan Council's primary goal is high-density housing. Mr. Wessel agreed, but stated that the issue seems to be one of semantics. Council Member Bergeson pointed out that rural areas cannot logically be included in a high- density development plan. Ms. Wyland explained that high-density is based upon average development, citing the Behm development which stands at 2.3 units per acre. Council Member Kuether moved to adopt Resolution No. 97 - 157 with the City's Goals in the Affordability - Rental category reduced to 15% and with the provision that Council review the percentages following ratification of the Comprehensive Plan. Council Member Neal seconded the motion. Council Member Bergeson expressed concern about the effect of low percentage numbers on the total amount of the grant that Lino Lakes stands to receive as a result of these negotiations. Council Member Kuether stated that the City's actual goals should not be compromised to that extent. Mr. Schumacher indicated that the Metropolitan Council speaks highly of the City's application, and suggested that a spirit of cooperation will be fruitful. COUNCIL MINUTES NOVEMBER 10, 1997 Mayor Landers requested a present actual percentage of rental housing. Ms. Wyland explained that all rental properties, including town houses, mobile homes, etc., currently total approximately 8% of total community housing. Motion carried, with Council Member Lyden voting no. Resolution No. 97 - 157 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 158, Order Improvements and Preparation of Plans & Specifications, Lakes Addition Street Reconstruction - Mr. Ahrens explained that the public hearing for the Lakes Addition Street Reconstruction Project was held on Monday, July 28, 1997. The 60 -day waiting period has expired with no petitions submitted to the City either in favor of or against the project. Additionally, the November 4, 1997 ballot question regarding the City utilizing general funds to pay for the project was approved by the residents of the City. The project consists of the total reconstruction of the following streets to a 7 -ton design strength: E. Shadow Lake Drive Lantern Lane Lantern Circle Partridge Place Black Duck Drive Black Duck Circle Mallard Lane Crystal Court Black Duck Drive Black Duck Drive Lantern Lane Black Duck Drive Birch Street Black Duck Drive Black Duck Drive Black Duck Drive Cul-de-sac E. Shadow Lake Drive Cul-de-sac Black Duck Drive 230' N. Crystal Court Cul-de-sac Cul-de-sac Cul-de-sac Mr. Ahrens added that the project is estimated to cost $1,969,110 including reconstruction of the streets and installation of storm sewers. An additional $100,000 is estimated to be needed for sanitary sewer repairs, which is proposed to be funded by the Area and Unit Fund, as noted below: Assessments (183 lots x $2,000) Assessments (183 lots x $1,045) Area and Unit Fund City Funds (election) Total Funding The project is scheduled to take place as follows: Order Project Council Approves Plans Bid Opening Council Awards Bid 10 $ 366,000 191,300 100,000 2,411,810 $2,069,110 November 10, 1997 March 9, 1998 April 9, 1998 April 13, 1998 COUNCIL MINUTES NOVEMBER 10, 1997 • Construction Begins May, 1998 Substantial Completion October, 1998 • • Council Member Bergeson asked about budget considerations for future years. Mr. Ahrens explained that typically the City bonds for 15 years. Bond payments would begin in 1999 at the rate of 5%, depending upon the market. Mayor Landers asked about the status of design for Black Duck Drive, which is designated as a collector street within this project. Mr. Ahrens explained that the proposed reconstruction considers Black Duck a minor collector street. Mayor Landers expressed concern that the policy should be examined to allow for adjustment for minor vs. major collector street reconstruction. Council Member Bergeson stated that annual bond payments by the City should be $143,000. Council Member Lyden moved to adopt Resolution No. 97 - 158, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97. 158 can be found at the end of these minutes. Consideration of Resolution No. 97 - 159, Accept Bids and Award Construction Contract, Laurene Avenue Lift Station - Mr. Ahrens provided 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 the 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, it is necessary for the City to install pumps and make modifications to the lift station. On October 13, 1997, Council approved plans and specifications for the modification of the Laurene Avenue lift station. Pursuant to advertisement for bids, the City opened four bids on Thursday, November 6, 1997, as follows: Company Total Bid Great Western Corporation $51,052 Merrimac Construction $57,224 Jay Brothers $59,750 Penn Construction $78,400 Engineer's estimate $50,000 The low bid (Great Western Corporation at $51,052) is approximately 2% higher than the Engineer's estimate of $50,000. Thomas Dye of SEH prepared correspondence recommending that the contract for this project be awarded to Great Western Corporation. 11 COUNCIL MINUTES NOVEMBER 10, 1997 Council Member Bergeson moved to adopt Resolution No. 97 - 159, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 159 can be found at the end of these minutes. Consideration of Resolution No. 97 - 160, Declare Adequacy of Petition and Order Preparation of Feasibility Report, 21st Street Improvement - Mr. Ahrens stated that Mr. Gerald Rehbein has petitioned the City to construct sanitary sewer, watermain, storm sewer and street to serve his property. A map was provided illustrating Mr. Rehbein's property boundaries. Mr. Ahrens explained that this portion of the City is exempt from the Lino Lakes City Charter and, therefore, the provisions of Minnesota Statutes, Chapter 429 will apply. If adopted, Resolution No. 97 - 160 will allow for the preparation of a feasibility report which will provide a detailed review of extending sanitary sewer and watermain along the 21st Street alignment from Cedar Street to Main Street as well as installing street and storm sewer from Main Street to approximately 900 feet south of Main Street. Mayor Landers expressed concern about use of the proposed improvements by a neighboring city without compensation to Lino Lakes. Mr. Schumacher stated that a joint powers agreement should result in an agreeable compromise. Council Member Bergeson moved to adopt Resolution No. 97 - 160 to prepare the feasibility report with the condition that a joint powers agreement be negotiated between Lino Lakes and Centerville. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 160 can be found at the end of these minutes. Consideration of Resolution No. 97 - 163, Declare Intent to Bond, Lake Drive Trunk Utilities, and Lakes Addition Street Reconstruction - Mr. Ahrens explained that the City of Lino Lakes is required by the Internal Revenue Service to declare its intent to reimburse project costs from bond proceeds prior to encumbering such costs. City Council action is necessary to adopt Resolution No. 97 - 163 for this purpose. Mr. Ahrens reminded Council that the City recently ordered the Lake Drive Trunk Utilities Project and Lakes Addition Street Reconstruction Project, which may be financed through bond proceeds. The City must declare its intent to finance these projects with bond proceeds. Resolution No. 97 - 163 is a non-binding declaration that must be executed in order to finance projects in this manner. Council was provided with the amount proposed for bonding. Mr. Ahrens pointed out that in the event the City does not adopt this resolution, it will be required to secure alternate methods to finance this project. Council Member Kuether moved to adopt Resolution No. 97 - 163, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 163 can be found at the end of these minutes. 12 • • COUNCIL MINUTES NOVEMBER 10, 1997 Consideration of Resolution No. 97 - 164 Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Lake Drive Trunk Utilities - Mr. Ahrens explained that the City is currently planning the construction of streets and utilities for the Lake Drive Trunk Utility Project and Apollo Drive Extension Project. The acquisition of right-of-way is necessary for the proposed improvements. With the adoption of Resolution No. 97 - 164, the City is certain to have the right-of-way acquired in a timely manner so as not to delay the improvement projects. Council Member Bergeson asked about a recommendation for relocation costs. Mr. Hawkins stated that a recommendation would be developed as to what each property is entitled to, which would be agreed upon prior to completion of this action. Council Member Kuether moved to adopt Resolution No. 97 - 164, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 164 can be found at the end of these minutes. CONSIDERATION OF APPOINTMENT TO THE 800 MEGAHERTZ COMMITTEE, RANDY SCHUMACHER Mr. Schumacher reviewed correspondence from Dan Earhart, Anoka County Board Chairman, stating that the 800 Megahertz system is planned for implementation by the County to deal with increased radio traffic. A joint powers board will be established including representatives from local government, law enforcement, public works, and the fire department. Council is being asked to appoint both an elected official and a member of the City's Staff to this committee. Mayor Landers suggested that appointment of the elected official should wait until the new Council takes office. Council Member Kuether moved to approve appointment of Fire Chief Milo Bennett to represent Staff on the Megahertz Committee, delaying appointment of an elected official until such time as the newly -elected Council takes office. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS - None. NEW BUSINESS Consideration of Renewal of Lawful Gambling License, Circle -Lex VFW Post No. 6583, Ladies Auxiliary - Ms. Anderson explained that the VFW Ladies Auxiliary has had a gambling license since the implementation of the Lino Lakes Gambling Ordinance in 1988. This organization is requesting that its gambling license, due to expire March 31, 1998, be renewed at this time. COUNCIL MINUTES NOVEMBER 10, 1997 Ms. Anderson added that the Ladies Auxiliary has complied with all of the requirements of the Gambling Ordinance, including the requirement to donate one-tenth its net profits for the direct benefit of residents of Lino Lakes. The Auxiliary donates to the Community Food Shelf, Centennial Fire District, local Girl Scouts, Forest Lake soccer program, both the Forest Lake and the Centennial High School class party, and local residents in need. Council Member Kuether moved to approve renewal of the Lawful Gambling License for Circle - Lex VFW Post No. 6583, Ladies Auxiliary. Council Member Neal seconded the motion. Motion carried unanimously. REMINDER, Comprehensive Land Use Plan Update Task Force Meeting, Thursday, November 20, 1997 REMINDER, Final 1998 Budget Work Session, Tuesday, November 18, 1997, 5:00 P.M. Proclamation - Mayor Landers asked Mr.Schumacher to read the following Proclamation: WHEREAS, over half a million Americans will die this year from alcohol, tobacco and other drug-related causes; and WHEREAS, every man, woman and child in America pays nearly $1,000 annually to cover the costs of unnecessary health care, extra law enforcement, auto accidents, crime, and lost productivity resulting from substance abuse; and WHEREAS, every person in the State of Minnesota is affected by alcohol, tobacco and other drug abuse; and WHEREAS, prevention and treatment efforts have made major gains in reversing the trend toward efforts to reduce demand for alcohol and other drug use; and WHEREAS, the color red had been chosen to represent individual and community commitment to efforts to reduce demand for alcohol and other drugs in our communities; and WHEREAS, businesses, government, law enforcement, schools, religious institutions, service organizations, neighborhoods, youth, senior citizens, and other individuals are encouraged to demonstrate their commitment to held reduce and prevent alcohol, tobacco and other drug abuse by wearing and/or displaying the color red during Minnesota Chemical Health Week; BE IT RESOLVED, that November 17 - 23, 1997 be declared Minnesota Chemical Health Week in the City of Lino Lakes; and BE IT FURTHER RESOLVED, that the Honorable Mayor John Landers and the City Council of Lino Lakes support the activities sponsored by the Minnesota 14 • • • COUNCIL MINUTES NOVEMBER 10, 1997 Chemical Health Week, MADD's Red Ribbon Project, and D -Day and encourage the citizens of Lino Lakes to participate in all Minnesota Chemical Health Week activities and other alcohol and drug abuse prevention efforts year round. Council Member Kuether moved to approve the Proclamation. Council Member Lyden seconded the motion. Motion carried unanimously. Mr. DeMotts introduced Mr. Steve Kingden, 172 Ulmer Drive, who complained about the placement of political signs which violated the City's Sign Ordinance. Mayor Landers indicated that this issue will be addressed in a future Council work session. Council Member Neal indicated that he will be able to take requests for Christmas giving through December 1, 1997, and asked that anyone knowing of someone in need please contact him by that time. ADJOURN Council Member Neal moved to adjourn at 8:43 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, November 24, 1997. 12_1 M 4.4-0y.L Marilyn Anlderson, Clerk -Treasurer J L. Landers, Mayor Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. 15 Council Member Kuether introduced the following ordinance and moved its adoption: ORDINANCE NO. 29-97 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE SECTION 7, BUSINESS DISTRICTS, SUBD. 3, H. The City Council of the City of Lino Lakes hereby ordains as follows: Section 1. Section 7, Business Districts, Subd. 3 General Business, H. Conditional Use, 6. Automobile and truck, i. All outside storage is prohibited, is hereby amended as follows: All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this loth day of Nov. 1997. CITY OF LINO LAKES BY ATTEST: by /'/ �� ,_; t c��t�✓fry i/ Marilyn G. Anderson, ClerklTreasurer John Landers, Mayor • • • • The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. • Council Member Bergeson introduced the following ordinance and moved its adoption: ORDINANCE NO. 31-97 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING OPEN AND OUTDOOR STORAGE AS AN INTERIM USE IN THE CITY'S LI, LIGHT INDUSTRIAL ZONING DISTRICT The City Council of the City of Lino Lakes hereby ordains as follows: Section 1. Section 8, Subd. 1.G. of the City Zoning Ordinance (LI District Interim Uses) is hereby amended to add the following: 1 Open and outdoor storage as a principal use provided that: A. A minimum setback of seventy-five (75) feet is provided along abutting residentially zoned properties. B. The setback shall include a buffer yard not less than twenty (20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.S.R. of this Ordinance, C. All storage is screened from view of neighboring uses and public rights- of-way via a fence or greenbelt planting strip or combination thereof in compliance with Section 3, Subd. 4.S of this Ordinance. D. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. E. All lighting be in compliance with Section 3, Subd. 4.H. of this Ordinance. F. The storage area is fenced and secured in an appropriate manner. G. The storage area is surfaced in a wear -resistant material determined by the City Engineer to be suitable to control dust and drainage. H. All parking, loading and truck staging activities shall occur on site. On - street parking and loading associated with the use is prohibited. I. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended and City Code. • • • • J. The use is terminated upon a specified date or the happening of an event as determined by the City. Section 2. Section 8, Subd. 1.1.1. of the City Zoning Ordinance (open and outdoor storage as a conditional use in the LI District) is hereby deleted in its entirety. Section 3. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this 27th day of October 1997. CITY OF LINO LAKES BY ATTEST: • ems,Af(a,/67A4,511 • Marilyn G. Anderson, Clerk/Treasurer John Landers, Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said resolution was duly passed and adopted. Council Member Kuether introduced the following ordinance and moved its adoption: ORDINANCE NO. 32-97 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO PDO, PLANNED DEVELOPMENT OVERLAY AND REZONE A PORTION OF THE OVERLAY DISTRICT FROM R-1 RESIDENTIAL, TO R-3 MEDIUM DENSITY RESIDENTIAL IN THE HIGHLAND MEADOWS DEVELOPMENT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by adding a PDO, Planned Development Overlay to the entire Highland Meadows Development and rezoning from R-1 Residential to R-3 Medium Density Residential pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: HIGHLAND MEADOWS II As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. III This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 10th day of November, 1997. CITY 0 LINO LAKES BY z�<� J hn Landers, Mayor ATTEST: by, cA„,. - ti J Marlilyn G. nderson, Cleric/Treasurer • • • • The motion for adoption of the foregoing ordinance 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: Lyden. Whereupon said resolution was duly passed and adopted. • Council Member _Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-157 RESOLUTION ESTABLISHING LIVABLE COMMUNITY GOALS WHEREAS, the City of Lino Lakes has elected to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act, and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, the City Council of the City of Lino Lakes has accepted the following Goals for this community with the condition that these goals may be adjusted upon completion of the City's Comprehensive Plan: Affordability GOAL Ownership 68% Rental 15% Life -Cycle Type (non single family detached) Owner/Renter Mix 35% 75/25% Density Single Family 2.3 units/acre Multifamily 10 units/acre NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby adopts the above outlined Livable Community Goals for the City of Lino Lakes with the condition that said Goals may be renegotiated upon completion of the City's Comprehensive Plan. Adopted by the Lino Lakes City Council this 10th . ay of November, 1997. L. Landers, Mayor ATTEST: Marilyn G. Anderson, Clerk/Treasurer • • • • The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon voted being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal Landers. The following voted against same: Lyden Whereupon said resolution was declared duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-158 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - LAKES ADDITION STREET RECONSTRUCTION PROJECT. WHEREAS, a resolution of the City Council adopted the 23`d day of June, 1997, fixed a date for a council hearing on the proposed improvement of the following streets: STREET E Shadow Lake Drive Lantern Lane Lantern Circle Partridge Place Black Duck Drive Black Duck Circle Mallard Lane Crystal Court FROM Black Duck Drive Black Duck Drive Lantern Lane Black Duck Drive Birch Street Black Duck Drive Black Duck Drive Black Duck Drive by reconstructing streets and constructing storm sewer systems. TO Cul-de-sac E Shadow Lake Drive Cul-de-sac Black Duck Drive 230' N. Crystal Court Cul-de-sac Cul-de-sac Cul-de-sac WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 28th day of July, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 23`d day of June, 1997. 3. SEH, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 10th day of November, 1997. 1 Marilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. • • 11111 • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-159 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - LAURENE AVENUE LIFT STATION PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of the Laurene Avenue Lift Station Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Great Western Corporation Merrimac Construction Jay Brothers Penn Construction Total Bid $51,052.00 $57,224.00 $59,750.00 $78,400.00 AND WHEREAS, it appears that Great Western Corporation, 8101 Scandia Trail, Forest Lake, MN 55025, 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 that Great Western Corporation, 8101 Scandia Trail, Forest Lake, MN 55025, that in the name of the City of Lino Lakes for the construction of Laurene Avenue Lift Station 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 10th Marilyn G. Anderson, Clerk -Treasurer 1' of November, 1997. n L. Landers, Mayor Resolution No. 97-159 Page 2 • The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was 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 November 10, 1997. Marilyn G. Anderson, Clerk -Treasurer • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-160 RESOLUTION ORDERING PREPARATION OF REPORT FOR 21' STREET ROAD AND UTILITY IMPROVEMENTS WHEREAS, a certain petition has been submitted to improve 21' Street by constructing watermain, sanitary sewer, storm sewer and street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of 21' Street between Cedar Street and Main Street by constructing watermain, sanitary sewer, storm sewer and street, filed with the Council on November 24, 1997, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429,035 and the Lino Lakes City Charter. 2. The petition is hereby 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 necessary, cost-effective, and 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 10th of November, 1997. /Vv Ma ilyn G. Anderson, Clerk -Treasurer n L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. Council Member its adoption: RESOLUTION Lyden introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 -162 WHEREAS, pursuant to resolution of the council passed by the council on June 24, 1996, the Otter Lake Road Realignment Project was ordered; and, WHEREAS, street and utility easements are needed to construct the improvements; and, WHEREAS, property owners along said improvement have agreed to execute a Permanent Easement that will accommodate the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. to approve the following Easement Grants: Taylor Corporation Cyril H. LaCasse, Jr. & Catherine LaCasse Adopted by the Lino Lakes City Council this 10th day of November, 1997. • Matilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon; the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. • • • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-163 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota, that: 1. Official Intent - The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. a. The City proposed to undertake the following projects: 1) Lake Drive Trunk Utility Project; 2) Lakes Addition Street Reconstruction, which is further described on Exhibit A attached hereto. b. Other than costs to be paid or reimbursed from sources other than a tax-exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of section 1.103-17(1) of the Regulations, none of the costs of the foregoing projects as identified on Exhibit A has heretofore been paid by the City and none of the costs will be paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. • c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be Resolution 97-163 Page 2 issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the following source of sources of funds identified on Exhibit A. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds are identified on Exhibit A. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the cots of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. • • • • • Resolution 97-163 Page 3 Adopted by the City Council this 10th day of November, 1997. )l. Marilyn G. Anderson Clerk -Treasurer 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, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on November 10, 1997. QLI LQ - cG' //,./G9jti M lyn Anderson INTENT TO BOND RESOLUTION NO. 97-163 EXHIBIT A Estimated Cost to be Reimbursed Project Total from Bond Source of Interim Source of Funds to Pay Bonds Description Cost Proceeds Funding Source Amount Lake Drive Trunk Utilities Project $2,400,000 $2,400,000 Area & Unit Fund Assessments $1,370,000 Area & Unit Fund $1,030,000 Subtotal $2,400,000 Lakes Addition Street Reconstruction $2,069,110 $2,069,110 Area & Unit Fund Taxes $1,969,110 Area & Unit Fund $100,000 Subtotal $2,069,110 TOTAL $4,469,110 $4,469,110 $4,469,110 • • • • • • Member Kuether introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION 97-164 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposes to construct and improve streets and utilities to serve the Lake Drive Trunk Utilities Project and Apollo Drive, Phase 3, proj ect. WHEREAS, the improvement consisting of constructionsaid street and utilities is herein determined necessary to provide for the safety of the public, and WHEREAS, permanent and temporary easements and fee simple interests over certain lands are required to provide for said construction, and WHEREAS, Lino Lakes has authority to acquire right-of-way for said improvements Eminent Domain pursuant to Minn. Stat., and WHEREAS, Lino Lakes has the right to acquire the right of way prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat, 117.011 and 117.042, and, WHEREAS, Lino Lakes has been unable to successfully negotiate the acquisition of required easements at this time; NOW THEREFORE BE IT RESOLVED, That the City Council hereby authorizes the acquisition of land by Eminent Domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioner, pursuant to Minn. Stat. No. 117, and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary Petitioner therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Dated: November 10, 1997 ATTEST: Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor RESOLUTION NO. 97 - 164 Page -2- 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 favorthereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against same: None. Whereupon said resolution was declared 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 November 10, 1997. 614./ pt , _ (/4/i-SWd/L Marilyn G Anderson, Clerk -Treasurer • • • • • • Council Member Lyden moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 97-166 RESOLUTION AUTHORIZING THE CITY CLERK -TREASURER TO CERTIFY DELINQUENT WATER AND SEWER UTILITY BILLS FOR COLLECTION WITH THE 1997 PROPERTY TAXES, COLLECTABLE IN 1998 WHEREAS, pursuant to City Code Chapter 400, Section 401.29 and Chapter 402, Section 402.14, Subd. 5, the Clerk -Treasurer has prepared a list of residents who have delinquent water and sewer bills to be certified to the Anoka County Auditor for collection with the 1997 property tax statements, collectable in 1998, and WHEREAS, notice of impending action was mailed to residents on September 5, 1997. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the Council hereby levies the sums of money collectable in the year 1998 upon the attached list of properties in the City of Lino Lakes. Adopted by the City Council of Lino Lakes this 10th day of November, 1997. Ctf Mafilyn G.44nderson - Clerk Treasurer n Landers - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. filk of Lino Lakes Certification List PIN Name • Address City State Zip Code 18-31-22-33-0028 18-31-22-33-0027 07-31-22-43-0034 19-31-22-12-0056 19-31-22-12-0052 17-31-22-33-0014 17-31-22-33-0012 19-31-22-24-0117 19-31-22-11-0016 19-31-22-24-0048 19-31-22-21-0068 19-31-22-11-0070 19-31-22-11-0075 19-31-22-33-0012 19-31-22-21-0076 19-31-22-13-0052 19-31-22-13-0048 17-31-22-34-0015 17-31-22-34-0007 19-31-22-24-0127 19-31-22-21-0042 19-31-22-33-0009 19-31-22-33-0007 19-31-22-23-0013 19-31-22-23-0001 31-31-22-43-0032 30-31-22-24-0029 30-31-22-24-0034 31-31-22-31-0049 29-31-22-33-0077 29-31-22-34-0075 29-31-22-44-0074 29-31-22-34-0031 32-31-22-11-0024 29-31-22-44-0031 29-31-22-44-0012 32-31-22-11-0051 32-31-22-22-0010 29-31-22-32-0034 32-31-22-22-0078 32-31-22-21-0020 29-31-22-43-0032 29-31-22-34-0083 29-31-22-33-0012 ROBERT & CARRIE VANREESE JACK FOBAIRE MICHAEL RUTFORD ROY MARTIN SHAWN SCHULTZ PHILLIP & PAMELA DORAN DANIEL BODECKER SEAN JOHNSON ANDREW CARVER PENNY JEWELL LAWRENCE MURPHY OTTO ALLENSON STEPHANIE D. ELLIAS RONALD BECKER RAYMOND CRUZ KELLY PORTER BILL LEVERCOM CANDACE DICK JOEL VOELKER TODD VODDEN TODD VILLAFUERTE DEBRA SIMONS DAVID ROWE G. RIVARD & R. RIVARD RESIDENT JEFFREY BLOMQUIST RESIDENT JOE LABER JAY BARNETT LAWRENCE BERG PHILLIP OWEN JIM TITSWORTH RICHARD SERENO JIM MICHAUD BOB SCHNEIDER HENRY ALT JEFFREY & BONNIE JOHNSON JOSE GARZA DAVID OLIVER GARY & MARY PAT OLSEN GREG HOWARD ELIZABETH SCHWIETERS PEARL HEDIN RAYMOND GROSS 7263 HEATHER COURT 7269 HEATHER COURT 7625 BEHM LANE 7112 2ND AVENUE 7144 2ND AVENUE 426 FORSHAM LAKE DRIVE 473 FORSHAM LAKE DRIVE 185 GLADSTONE CIRCLE 7144 GRAY HERON DRIVE 199 GREEN BRIAR LANE 7143 GREY SQUIRREL ROAD 7146 IW RIDGE COURT 7159 IVY RIDGE COURT 51 NORTH ROAD 177 SMOKETREE LANE 7101 SNOW OWL LANE 7109 SNOW OWL LANE 7240 STAGECOACH TRAIL 7273 STAGECOACH TRAIL 7052 SUNRISE DRIVE 7196 SUNRISE DRIVE 6816 SUNSET ROAD 6832 SUNSET ROAD 7022 SUNSET ROAD 7080 SUNSET ROAD 255 ASH STREET 123 EGRET LANE 150 EGRET LANE 128 WOODRIDGE LANE 408 ARROWHEAD DRIVE 519 ARROWHEAD DRIVE 759 BEAVER CIRCLE 589 CHIPPEWA TRAIL 6347 DEERWOOD LANE 6427 FAWN LANE 6498 FAWN LANE 773 FOX ROAD 437 HAWTHORN ROAD 6558 HOKAH DRIVE 487 LINDEN LANE 529 LONESOME PINE TRAIL 617 PRAIRIE FLOWER ROAD 6486 TOMAHAWK TRAIL 6422 TOTEM TRAIL LINO LAKES MN 55014 703.35 LINO LAKES MN 55014 685.37 LINO LAKES MN 55014 350.22 LINO LAKES MN 55014 506.79 LINO LAKES MN 55014 488.82 LINO LAKES MN 55014 137.81 LINO LAKES MN 55014 588.49 LINO LAKES MN 55014 613.94 LINO LAKES MN 55014 184.52 LINO LAKES MN 55014 264.24 LINO LAKES MN 55014 998.31 LINO LAKES MN 55014 386.29 LINO LAKES MN 55014 520.38 LINO LAKES MN 55014 672.52 LINO LAKES MN 55014 839.46 LINO LAKES MN 55014 714.19 LINO LAKES MN 55014 168.07 LINO LAKES MN 55014 437.08 LINO LAKES MN 55014 244.26 LINO LAKES MN 55014 685.16 LINO LAKES MN 55014 528.59 LINO LAKES MN 55014 602.37 LINO LAKES MN 55014 542.39 LINO LAKES MN 55014 590.34 LINO LAKES MN 55014 364.33 LINO LAKES MN 55126 532.06 LINO LAKES MN 55014 550.90 LINO LAKES MN 55014 168.29 LINO LAKES MN 55014 644.24 LINO LAKES MN 55014 321.99 LINO LAKES MN 55014 317.00 LINO LAKES MN 55014 385.62 LINO LAKES MN 55014 317.00 LINO LAKES MN 55014 185.85 LINO LAKES MN 55014 673.33 LINO LAKES MN 55014 712.36 LINO LAKES MN 55014 173.90 LINO LAKES MN 55014 491.81 LINO LAKES MN 55014 317.01 LINO LAKES MN 55014 189.81 LINO LAKES MN 55014 805.69 LINO LAKES MN 55014 171.88 LINO LAKES MN 55014 324.56 LINO LAKES MN 55014 317.01 29-31-22-33-0039 29-31-22-33-0053 29-31-22-43-0021 21-31-22-43-0032 28-31-22-13-0002 28-31-22-13-0035 28-31-22-24-0086 28-31-22-13-0054 28-31-22-13-0031 28-31-22-42-0078 28-31-22-13-0128 28-31-22-42-0012 28-31-22-24-0024 27-31-22-32-0015 27-31-22-32-0014 27-31-22-32-0070 27-31-22-32-0068 22-31-22-41-0043 • GERALD BERG JEREMICH DAME GENE PAGEL JON & JANELLE WOLFE ROBERT MATYKIEWICZ JIM HEIDEMANN D. MILBRANDT & DOUGLAS PALMER BRUCE BECKER MICHAEL SCHEELE HAL MARKLAND GARY SCHILTZ TIM CHILSTROM JUDY HERMAN BRAD CORNFORTH EUGENE EDDLESTON BRIAN WINGES JAY THORSLAND JOEL RICHARDSON 6489 TOTEM TRAIL 6498 WARE ROAD 6456 WEST SHADOW LAKE DR 6833 BLACK DUCK CIRCLE 6674 BLACK DUCK DRIVE 6680 BLACK DUCK DRIVE 6601 EAST SHADOW LAKE CT 1040 LANTERN LANE 6602 PHEASANT RUN 6566 PHEASANT RUN SOUTH 6626 RED BIRCH COURT 1057 TAMARACK LANE 6643 WHITE BIRCH COURT 1229 CHOKECHERRY ROAD 1233 CHOKECHERRY ROAD 6522 WHITE OAK ROAD 6526 WHITE OAK ROAD 1550 LAMOTTE CIRCLE • LINO LAKES MN 55014 153.68 LINO LAKES MN 55014 317.01 LINO LAKES MN 55014 995.41 LINO LAKES MN 55014 629.35 LINO LAKES MN 55014 305.35 LINO LAKES MN 55014 498.81 LINO LAKES MN 55014 630.27 LINO LAKES MN 55014 305.56 LINO LAKES MN 55014 732.76 LINO LAKES MN 55014 506.74 LINO LAKES MN 55014 1,208.82 LINO LAKES MN 55014 738.56 LINO LAKES MN 55014 148.57 LINO LAKES MN 55038 855.08 LINO LAKES MN 55038 490.06 LINO LAKES MN 55038 427.13 LINO LAKES MN 55038 845.19 LINO LAKES MN 55038 317.01 30,522.96 •