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HomeMy WebLinkAbout01/13/1997 Council Minutes• • • COUNCIL MINUTES JANUARY 13, 1997 CITY OF LINO LAKES MINUTES DATE : January 13, 1997 TIME STARTED : 6:30 P.M. TIME ENDED : 10:06 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: Assistant to the City Administrator, Dan Tesch; Community Development Director, Brian Wessel; City Engineer, David Ahrens; City Attorney, Bill Hawkins; Building Official, Peter Kluegel; Planning Coordinator, Mary Kay Wyland; Finance Director, Mary Vaske; Senior Accountant, Paula Schloer; Accounts Payable and Utilities Clerk, Joyce Lund; and Clerk -Treasurer Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Lyden inquired regarding Disbursement, page 3, General Administration, $110.00 to Personnel Decisions, Inc. for questionnaires. Mr. Tesch explained the questionnaires will start the process of evaluating several positions in the City's pay scale. He noted that are five (5) different blank questionnaires which will be reproduced for all positions that will be evaluated. Council Member Lyden stated he has no further questions. Council Member Kuether moved to approve the consent agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. OPEN MIKE Presentation of the Mayor's Award - Mayor Landers read in full and presented Linda and Jim Jensen with a Mayor's Community Service Award in recognition of their community service with the Boy Scouts and with the Neighborhood Crime Watch Program. Mayor Landers read in full and presented former Public Works Director Don Volk with a Mayor's Community Service Award in recognition of his service to the community and in implementing programs such as Earth Day. Acknowledgment of Certificate of Achievement for Excellence in Financial Reporting - Mayor Landers advised the City of Lino Lakes has received the Certificate of Achievement for Excellence in Financial Reporting for its comprehensive financial report. This certificate is issued by the Government Finance Officers Association for the United States and Canada. Mayor Landers congratulated the Financial Department for this achievement and thanked staff for their hard work. PAGE 1 COUNCIL MINUTES JANUARY 13, 1997 Acknowledgment of Death of Former Council Member - Mayor residents of Lino Lakes of the death of Richard Zelinka and explained Landers informed the Lino Lakes for many years and was instrumental in formingthe nee Mr. Zelinka had liv also participated in community service by serving as Council Member, Into School Dand d several Boards and Commissions. Mr. Zelmka was also very ember, Interim Mayor, and Acknowledgment of Death of Herbert Sc active in civic organizations. Schumacher - Mayor Landers reported that City Father of City attendance tonight due to the death of his father A�lnistrator Rand Administrator ch inistrator Randy funeral was held today, who passed away last Wednesday is not in Y and the Mayor Landers asked that all in attendance observe a moment of silence for these two gentlemen. No one else appeared under open mike. NEW BUSINESS Consideration of Renewal Gambling License Request, Hock Youth Association - Ms. Anderson advised the Centennial Youth Hockey Circle Pines Centennial issued a gambling license on July 1, 1994. The Association has conducted Shirley Kaye's since that time and their license will expire Association was first the Youth HockeyAssociation's pre on March 31 t 99711 Shetab e xp aingdat hockey rhated c so the youth os is to raise funds to pay y the cost to ice time, and other program. Ms. Anderson explained that while ome youth are not Lino and two the three board members also reside in Centennial area can participatethe hockey and two all information required by LakeshAressociatidents,on many a,• Lino Lakes. She noted the Association has q the Gambling Ordinance and it has given more than double the amount of dollars required by the Ordinance to hocke requirements of the Gambling Ordinance. Y programs and complied with all Ms. Anderson recommended approval. Council Member Kuether moved to approve renewal of theam gambling license for the Hockey Motion carried unanimously. Circle Pines, Centennial Youth Association. Council Member N g eal seconded the motion. BLOCK GRANT CABG PROGRAM PUBLIC HEARING CONSIDERATION OF A COMMUNITY DEVELOPMENT Ms. Schloer explained the City will receive an estimated $35,770.00 1997-1998 grant year which is to be used to benefit low- to moderate -income eras in CDBG dollars for the purpose of the public hearing is to receive comments and requests for the Schloer noted the written requests received which i ate -income residents. The noted the City Council will take comments tonight, review thewruse of the funds. Ms. included two new program requests. It was decision at the January 27, 1997 Council meeting, and then submit material, make a final County by February 15, 1997. t the information to Anoka Mayor Landers opened the public hearing at 6:45 P.M. PAGE 2 • • • COUNCIL MINUTES JANUARY 13, 1997 Pat Prinzevalle, Executive Director of Alexander House, requested $5,000 of CDBG funds to continue intervention services with the City of Lino Lakes on behalf of battered women and their children. She reviewed the process taken with their clients and services provided last year. As of November 30, 1996, the Alexander House had provided intervention services to over 69 Lino Lakes families and they anticipate providing close to that number in 1997. Ms. Prinzevalle said the Alexander House and Lino Lakes Police Department have a formal agreement regarding domestic assault situations. Council Member Kuether asked if the number of clients served in 1996 is higher in number than served in 1995. Ms. Prinzevalle indicated it is higher since 44 families were served in 1995. Council Member Neal inquired regarding an incident about one year ago where a mother and her two children were denied services at Alexander House and were placed at St. Timothy Catholic Church in Blaine. He asked what the qualifications are for service. Ms. Prinzevalle stated she does not know the exact circumstances of this particular situation but the qualifications for the woman and family is if they are in eminent danger and/or have been battered. She stated she does not know if there were any other extenuating circumstances with that particular situation but she will research and report back. Ms. Prinzevalle assured the Council it is very infrequently where a woman and her family are refused because Anoka County families are a priority and the Alexander House is never "full" for Anoka County and its families. Council Member Neal explained it appeared that Ms. Prinzevalle was not available so this particular woman and her two children were not allowed. Ms. Prinzevalle thanked Council Member Neal for bring this incident to her attention and stated she will follow up to determine what happened. Ms. Prinzevalle thanked the City of Lino Lakes for its past support and stated she looks forward to the City's continued future support. Barb Swanson, Forest Lake Area Youth Service Bureau (FLYSB), explained 1996 was a very busy year. They have been working with the Lino Lakes Police Department and early intervention services. Ms. Swanson reported on the number of clients they served which has grown from 89 people in 1989 to over 1,037 in 1996. She explained the FLYSB works very closely with the Police Department and has assisted with curfew efforts and the restorative justice program. Ms. Swanson stated she hopes Lino Lakes will continue to support the Youth Service Bureau so they can continue to provide services. Council Member Neal asked if this group can move some of its operation into the Police Department. Ms. Swanson explained they have been working with the Police Chief regarding this and it is their goal to do so once the Police Department has enough room. Ms. Tia Johnson, Community Emergency Assistance Program, Inc. (CEAP), reported they served 140 families last year and 75 families so far this year. She explained that this program provides assistance for families who are in immediate crisis and need emergency assistance for food and shelter costs. Ms. Johnson noted it is difficult times for many clients. She advised that 75% are working poor making $6.00 to $6.50 per hour, many without benefits, so a crisis creates serious problems. Ms. Johnson explained they try to assist, as appropriate, given the family's circumstances. PAGE 3 COUNCIL MINUTES JANUARY 13, 1997 Ms. Nancy Gurney, Opportunity Services, explained they have never made a request for funding and, therefore, did not know what amount of funding was available. Since all of CDBG heirill costs for services are paid by the government, they do not need on-going support and this is a one-time request. She explained that Anoka County has asked Opportunity Services to cons a new facility to serve the Larger number of graduates that need employment. Opportunity true Services' clients are disabled, some seriously disabled, and of low income. She advised the CDBG contribution would be used towards a down payment on tax of Coon Rapids will issue. exempt bonds which the City Council Member Neal asked why the facility needs to be located in Coon Rapids and if it c be located in Lino Lakes instead. Ms.Gurney explained that Coon Rapids has funded °uld Opportunity Services for the last five years and they will be asking Coon Rapids for a $25,000 CDBG donation. She further explained that Opportunity Services currently has two facilities located in Coon Rapids because this is where the majority of their clients live and a centerhou for transportation which is a very large cost for them. Ms. Gurney commented on the needb centrally located where most of their clients live which keeps cost down and provides morto be choices as to where the clients work. She advised that Anoka County would like Opportunity Services to construct a new facility so they can provide a full range of services for both hi - low -functioning clients, some with behavioral disabilities. gh and Council Member Neal asked if Opportunity Services considers zip codes when determinin location. Ms.Gurney stated they consider where their clients live and where growth is g over 60 Anoka County residents. anticipated based on the Anoka County Strategic Growth Plan. She noted they alread serve y Council Member Neal asked if the services offered by Opportunity Services overlaps with services provided by other organizations. Ms. Gurney explained that only RISE and Achieve provides similar services to Opportunity Services. Council Member Neal inquired why membe of the board of directors live as far away as Red Wing. Ms. Gurney explained the Opportunity provide services to. rs Services corporate headquarters is located in Red Wing. She reviewed the five counties they Council Member Neal asked if building in Lino Lakes would be out of the way. Ms. Gurney stated they would have to research that option. Council Member Neal noted there are four c tie located close by. Ms.Gurney advised that Opportunity Services will ask all four cities for C s funding as a one-time contribution since it is a building project. She reiterated that O ort DBServices does not request on-going funding. pp nrty Council Member Neal noted that Circle Pines wants to construct a youth center and it may be possible to work something out there. Ms. Gurney explained that Opportunity Services would use the facility mostly during the day. Maggie Novak, North Anoka Meals on Wheels, reviewed services they provide to the elderly by for delivering one hot meal per day. She noted that Mayor Landers has volunteered his services this program and advised she is requesting CDBG funding of $3,733.00 for Meals on Wheels PAGE 4 • • COUNCIL MINUTES JANUARY 13, 1997 Council Member Neal stated he was a driver for this program and believes it is a good program because it also brings someone to a senior citizen's home once each day. He stated this is an important program since a lot of people don't have a hot meal once per day. Council Member Neal complimented Ms. Novak on this program. Ms. Novak agreed with the importance of having someone check with seniors at lease once a day. Council Member Neal related an incident he experienced when delivering Meals On Wheels. Ms. Novak advised there are about 125 volunteers who do all of the meal delivery and form a wonderful relationship with the seniors they serve. Council Member Neal added this is also a Lions project. Council Member Kuether asked if meals are delivered only five days a week. Ms. Novak stated they are plus frozen meals are available for use over the weekend and on holidays, if ordered. She explained the cost increase is due to using microwaveable trays which will make it easier for seniors. Julie Brown, RISE, Inc., stated they are requesting $3,000 to help replace two vans for their transportation department. She advised RISE serves disabled clients, vulnerable adults who do not own cars or drive, and 90% work in the community. Ms. Brown reported that in 1996, RISE served 1,800 clients, 950 from Anoka County and several from Lino Lakes. RISE receives 65% of its program fee funding from the State and Anoka County so the CDBG funding would be used for capital improvement costs to provide funding for the van. She thanked the City for its support since 1989 and indicated it is because of Lino Lakes and other communities that RISE is able to continue the transportation program. Cathey Weidmann, Anoka County Community Action Program (ACCAP), explained they offer an outreach program which links seniors to supportive programs to keep them in their home. She introduced Phyllis Linder who meets with clients in their home and makes referrals based on their needs. Ms. Linder also helps with paperwork and transportation to the courthouse, if needed. Ms. Wyland reported that Ms. Linder made 56 referrals on behalf of seniors she visited and anticipates serving an increased number of Lino Lakes residents because of Willow Ponds. She explained their goal is to prevent unnecessary or premature nursing home placement and allow seniors to live safely in their home for as long as possible. Ms. Weidmann thanked the City for its support and requested continued support through CDBG funds. No one else appeared to address this item. Ms. Schloer explained that Mr. Kent Campbell of Arc of Anoka County and Ramsey County provided a written request for $1,000.00. Council Member Kuether moved to close the public hearing and make the final CDBG funding decision at the January 27, 1997 City Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONSIDERATION OF PROPOSED UTILITY RATES FOR THE NEXT THREE (3) YEARS Mr. Ahrens explained City staff prepared a utility rate study to determine utility rates for 1997, 1998, and 1999. He noted the two resolutions which will be presented and considered regarding utility rates for the next three years. Per the City Charter, the water and sewer department must PAGE 5 COUNCIL MINUTES JANUARY 13, 1997 operate on its own and not be supplemented by tax dollars. Considering this, staff has been careful in determining utility rates for the next three years so that each utility is self-sustaining. Mr. Ahrens noted the study considers revenues received for both the water and sewer departments including billings received, penalties, hook-up charges, and interest on investments. Expenses such as the Metropolitan Council Environmental Services (MCES) sewer charges, operating costs, and bond expenses for the water tower 1 are considered. Mr. Ahrens used an overhead diagram to explain the City's sewer bill which is based on a flat rate per connection. Since the Sewer Department has a history of being slightly low on its revenues, staff recommends a slight increase of $1 per year in the utility rate from the 1996 rate of $48 per quarter. Mr. Ahrens stated they assume a per year growth of 150 homes which they believe is conservative since the City has seen about 200 housing units in 1995 and 1996 and higher in preceding years. Mr. Ahrens advised that commercial, industrial and institutional users will be charged a flat rate times the number of residential equivalent unit connections rather than on water usage. This change is considered to be more equitable in that sewer bills will not increase due to higher waste consumption from lawn watering during summer months. Mr. Ahrens explained the water bill is based on two components, a charge on water usage and a flat rate per 1,000 gallons of water used. The water utility rates have been increased 5% per year over the past three years and staff believes that the current rate charged for water use is adequate and the flat rate can be gradually phased out over the next three years. The number of users is increased at a conservative estimate of 150 additional connections per year for the next three years, as done for the sewer connections. Mr. Ahrens explained that an average water use of 96,000 gallons per year per connection is assumed to calculate the revenue from billings. The expenses to the Water Department includes the payment of the bond for water tower one and operating expenses. The result of the proposed utility rate of $1.63 per 1,000 gallons will provide sufficient revenue to the Water Department. Since revenue from the water usage portion of the billing is capable of paying off this bond, and the bond for water tower 2, it is proposed the flat rate be phased out. Council Member Kuether inquired regarding the use of the term "section 8." Mr. Ahrens explained it means federally assisted, as is senior housing. Council Member Bergeson explained the initial discussion on discounted rates centered on seniors but now it appears to be written to apply to anyone who lives in assisted housing. Mr. Ahrens explained it would include all federally assisted housing. Ms. Vaske clarified if the housing is backed by the federal government the City would assist. For instance, if an apartment is backed by the federal government, they would get a reduced rate. Mayor Landers asked if the only way to offer reduced rates to seniors is to include both senior citizens and Section 8 housing. Ms. Vaske explained this would include anyone assisted who could show proof of subsidy, not just the owner of the unit. PAGE 6 COUNCIL MINUTES JANUARY 13, 1997 • Council Member Bergeson noted that with senior housing some are assisted and some are not. Mr. Ahrens explained they could receive the reduced rate if assisted by federal funds. Council Member Kuether suggested the term "tenant" be used, not "person." Ms. Vaske stated the wording can be revised. • Council Member Bergeson inquired regarding the notification for reduction and suggested there are two issues: people receiving reduction who are low income and need financial assistance, and seniors (who are typically low usage) getting a break on the flat fee. He pointed out that other types of subsidized housing may not be low usage but maybe this is the only way to assist seniors. Council Member Kuether stated she believes Lino Lakes has already offered plenty of assistance. Council Member Lyden indicated support for acting on Resolution No. 97 - 03 and tabling Resolution No. 97-04 until the Council has further clarification. Mayor Landers inquired regarding flat sewer fees. Mr. Ahrens reviewed the calculation. Council Member Kuether suggested the wording indicate "federally assisted tenants." She stated she thinks it should apply to the subsidized portion of senior housing, not the entire senior housing. Ms. Vaske explained the seniors will be required to show proof of subsidy and if they cannot provide that proof, reduced rates would not be provided. Council Member Kuether indicated support for delaying the decision until the Council has a better understanding. Council Member Bergeson inquired if the Council could say "federally assisted senior housing." Mr. Hawkins explained it will have to be determined if seniors have to meet the same "test" or "standard." He asked how many units are involved and commented on the difference where, in some cases, the landlord pays the utility billing, not the tenant. Mr. Hawkins explained if the criteria for eligibility for federal funds is the same then it will be difficult to differentiate between seniors and non -seniors. Council Member Bergeson agreed there is a need for more discussion. Mayor Landers suggested consideration of Resolution No. 97 - 03 be undertaken tonight and consideration of Resolution No. 97 - 04 be tabled and discussed at the January 22, 1997 Work Session with a decision reached at the January 27, 1997 Council meeting. The Council agreed. Council Member Kuether asked Mr. Ahrens if he is guaranteeing these figures and a reduced rate will not cause a problem. Mr. Ahrens stated there will be sufficient revenues. • Consideration of Resolution No. 97 - 03, Adopting Water and Sewer User Rates for 1997, 1998, and 1999 - Mayor Landers opened the public hearing at 7:30 P.M. PAGE 7 COUNCIL MINUTES JANUARY 13, 1997 Mike Stoby, Terry Schmidt's agent for Willow Ponds, stated he is not sure of the impact if the Council considers passage of Resolution No. 97 - 03 and how it will affect Resolution No. 97 - 04 because of the flat fees issue. He requested points of clarification regarding property that is federal assisted via tax credits administered by the Federal Tax Agency. Mr. Stoby advised that all of their units are rent restricted and 50% of the units are offered to persons with physical handicap. Council Member Kuether asked if some units have rent subsidized and some do not. Mr. Stoby advised Section 8 vouchers are tenant based, not owner based. Council Member Kuether asked if all rents are exactly same. Mr. Stoby explained how rents are calculated based on median Anoka County income, household size, etc. Council Member Kuether requested a copy of these calculation formulas. Mr. Stoby stated he would be happy to resubmit that information. Mr. Stoby noted they have very low-volume users and asserted the flat rate schedule will cause a hardship on the property since they will be billed for 48 developable units versus an individual business that may provide services to more individuals. Mr. Stoby stated this is why the rent issue has been exacerbated. He asserted that there is an "impropriety" of rates which has become a hardship. No one else came forward to address this item. Council Member Lyden moved to close public hearing at 7:40 p.m. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining from the vote due to a conflict of interest since he lives at Willow Ponds Council Member Lyden stated his property is not served by City sewer and water but he understands the importance of this decision and commended Staff for coming up with a viable option. He stated he hopes it is appreciated by the City at large. Mayor Landers stated he would feel more comfortable with lower rates for senior housing if he knew they would not increase rents to seniors anyway. Mr. Ahrens advised of the time frame for the proposed resolutions which would be in place by the first of March. He noted the rates would be retroactive to January 1, 1997 but the billing cycle does not start until March. Council Member Kuether moved to adopt Resolution No. 97 - 03. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining from the vote due to a conflict of interest since he lives at Willow Ponds. Resolution No. 97 - 03 can be found at the end of these minutes. Consideration of Resolution No. 97 - 04, Adopting Water and Sewer User Rates for 1997, 1998, and 1999 for Section 8 Housing Council Member Lyden requested the Council receive a legal opinion regarding this matter. Council Member Kuether moved to table consideration of Resolution No. 97 - 04. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 8 COUNCIL MINUTES JANUARY 13, 1997 Consideration of Resolution No. 97 - 02, Authorizing the Issuance of the 1997 Certificates of Indebtedness - Ms. Vaske explained the 1997 budget calls for the issuance of Certificates of Indebtedness in the amount of $225,000.00 to be used for the purchase of capital equipment. The Area and Unit Fund has sufficient reserves to issue a loan to finance these purchases. A special Levy will pay for this certificate in 1998, 1999, and 2000 and the levy proceeds will be credited to the Area and Unit Fund. Council Member Lyden moved to adopt Resolution No. 97 - 02. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 02 can be found at the end of these minutes. Presentation of the End of Year (1996) Building Department Report - Mr. Kluegel provided a detailed review of the summary of building permits issued in 1996 as well as the summary of the 1995 building activity as a point of comparison. Mr. Kluegel advised the total construction valuation was $74,061,188.00 which exceeds the 1995 total by $33,424,497. The City issued 12 commercial, industrial and institutional building permits totaling $43,490,665 in 1996. There were 189 new homes constructed in 1996 which includes 17 townhome units. This is a decrease of 24 homes from the 213 constructed in 1995. In 1996, the Building Department became involved in implementation of the on-site sewer pumping maintenance program. Articles concerning health, safety, and building information have appeared in the City Newsletters. Handouts to the public have been updated and the Building Department has been actively involved in the Zoning Ordinance and Sign Ordinance revisions. Mr. Kluegel advised the Building Department has also been active in continuing education and Building Code seminars to stay current with codes and new materials. He anticipates 1997 to be favorable for construction as well. Council Member Lyden inquired regarding the number of vacant lots. Mr. Kluegel estimated there are about 200 vacant single-family lots. Council Member Lyden complemented Mr. Kluegel and the Building Department for doing a great job. Mayor Landers concurred and noted the very busy year of building in 1996. Consideration of Renewal of Electrical Inspector Contract - Mr. Kluegel explained he performed an evaluation of the first year of the City's contract with Mr. Ken Peterson for electrical inspection services. He advised that since the start of this contract, the City has realized $8,000.00 in revenue which was not being received with the State electrical inspections. He added that Mr. Peterson is a competent inspector and gets along well with the staff and the public. Mr. Kluegel recommend the City continue its contract with Mr. Peterson for another two- year period. Council Member Neal inquired how the City realized $8,000 and what it cost to receive that $8,000. Mr. Kluegel explained Mr. Peterson is under a 80% of the permit fee arrangement, not an employee of Lino Lakes. Council Member Bergeson moved to continue the City's contract with Mr. Ken Peterson for electrical inspection services for a period of two years. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 9 COUNCIL MINUTES JANUARY 13, 1997 CITY ENGINEER'S REPORT, DAVE AHRENS Consideration of Resolution No. 97 - 07, Order Improvements and Preparation of Plans and Specifications - Otter Lake Service Road Street and Utilities Project - Mr. Ahrens advised that on November 25, 1996, the City Council accepted the feasibility report and called a public hearing for the Otter Lake Service Road Street and Utility Project for December 16, 1996. The public hearing was held with no action taken. Staff is now requesting Council action to order this project to proceed to the design phase. Mr. Ahrens advised the existing Otter Lake Road will be realigned next spring to better serve the properties in the Clearwater Creek Development Area by routing the roadway through the middle of the Development Area. The realignment improves safety on Main Street by eliminating the Main Street/Otter Lake Road intersection that is in close proximity to the Main Street/35E northbound ramp. The Otter Lake Road realignment project is a joint venture between Anoka County and Lino Lakes and will be completed in 1997. He estimated the distance between old Otter Lake Road and the realignment of Otter Lake Road is about 800 feet. Mr. Ahrens explained the project involves the construction of utilities to serve the properties and construction of a service road. Anoka County is making a significant financial contribution ($600,000.00+) to this project and the City's financial contribution on this roadway is minimal ($300,000.00+) but the benefit is great in opening up this area for development. Mr. Ahrens displayed a chart indicating total project and right-of-way acquisition cost for sanitary sewer of $116,101.70; watermain of $74,764.30; storm sewer of $43,015.70; and street of $154,073.40, or a total project cost of $387,955.10 (including r -o -w cost). He reviewed frontage and assessments for Equity Recovery Corp. of $80,959.82, and for the Richard Schreier north parcel of $105,954.12; and the south parcel of $201,041.16. Mr. Ahrens reviewed the proposed project schedule and explained the City's desire to open the east side for commercial and industrial development. He noted the reference made that additional access will not be allowed to Main Street and that Anoka County desires to maintain the classification of Main Street by limiting access points. Mr. Ahrens noted the City opening this area for commercial and light industrial development will be a benefit to the City and he strongly recommended the City pursue this project and adopt Resolution No. 97 - 07. Council Member Kuether asked if there will be no other access roads from County Road 14 except for the new roadway. Mr. Ahrens stated this is correct, no road or driveway will be allowed in that area, per Anoka County direction. Council Member Bergeson inquired regarding the meeting with Anoka County about the possibility of access. Mr. Ahrens advised that he and Mr. Wessel met with the Anoka County Highway Engineer and the end result was support from the Anoka County Board, Public Works Committee, and City Engineer that will not allow access from Main Street to a business that has access from other roadways. Mr. Ahrens stated it is vital to manage access points and make major roadways like Main Street free of access points. PAGE 10 COUNCIL MINUTES JANUARY 13, 1997 Council Member Lyden inquired how this impacts the corner piece of property with regard to lot depth. Mr. Ahrens explained when they initially looked at these roadways, they talked with the major landowner, Mr. Schreier, to determine where the road should be located. The corner property owner desired additional depth of 300 to 350 feet. However, without knowing what will be developed, staff is unable to determine what depth will be needed but believe this will be adequate. Council Member Neal questioned whether this is a good location for business if there is no access to Main Street. Mr. Ahrens explained this type of scenario is fairly routine in new development areas due to the need to assure safety and control the number of access points. Council Member Neal inquired regarding the Fina Gas Station location. Mr. Ahrens explained that Lake Drive has more traffic but there was no opportunity to access a local roadway. However, once the area behind the Fina Station is developed, access to a new roadway may be available so the City could consolidate access points on Lake Drive. Mr. Ahrens advised the property owner is aware of these plans which have not changed since December 16, 1996. Mr. Wessel stated Council Member Neal has raised a good question about whether those parcels will be developed without access to County Road 14. He explained that the Community Development staff has been working on a convenience store and restaurant. The persons who are proposing this development have indicated their project is not viable without access from County Road 14. So, this decision needs to be made by the company considering development. In summary of the meeting between Anoka County and Lino Lakes, Mr. Wessel explained a deal was made to implement the road and from the County's side, it consists with limited access from County Road 14, construction of a service road connection, and elimination of the existing portion of road where it intersects County Road 14. Anoka County is asking that the service link be constructed concurrently with construction of the new County roadway and that the City fulfill their obligation to complete the service connection and the total system. Mayor Landers asked how staff arrived at the proposed assessment calculations and inquired regarding the difference between the two roads. Mr. Ahrens explained that, per City policy, property adjacent to County Roads or County State Aid Highways are assessed at the City's standard rate of $45 per front foot. Additionally, properties that are adjacent to local streets are assessed 100% of the improvement cost. Council Member Bergeson asked if limited access is part of the agreement with Anoka County. Mr. Ahrens indicated it is; Anoka County will not allow access from County Road 14. Council Member Bergeson asserted that if access is restricted, it appears Anoka County has devalued that property. Council Member Neal inquired about a different alignment scenario. Mr. Ahrens commented on the need to provide distance for access points and to also allow adequate parcel depth for development. 4111 Council Member Kuether moved to adopt Resolution No. 97 - 07. Council Member Bergeson seconded the motion. PAGE 11 COUNCIL MINUTES JANUARY 13, 1997 A resident asked if the Council will receive public input. Mayor Landers explained the public hearing has been closed for some time. Council Member Lyden stated he is concerned about limited access, potential devaluation, and orientation of buildings. He questioned the possibility of increasing lot depth and making the roadway alignment straight across, which would require cooperation of both landowners. Mr. Ahrens advised that both he and Mr. Wessel have mentioned this, several times, to the property owners but that is out of the City's "hands." The City has to provide a roadway that abuts the south edge of the property and a shift in alignment could be accomplished up until the point that the roadway is staked out. In response to Council Member Neal, Mr. Ahrens advised a property owner could ask Anoka County for access from Main Street but he doubts such a request would be successful. Council Member Bergeson stated it appears one audience member would like to present information, even if the public hearing is closed. Council Member Kuether was excused from the meeting at 8:30 P.M. Mr. Hawkins reminded the Council that a 4/5 vote of the entire Council is required for passage of the motion currently on the floor. Council Member Lyden reviewed again his vision of this corner and requested the property owners in attendance be allowed to indicate whether this is possible. Mayor Landers requested limited comment from residents. Richard Schreier, property owner, stated the "nuts and bolts" is basically that the City has negotiated a resolution with Anoka County and the County wants the rest of the roadway. He noted that old Otter Lake Road will be returned to the City and the service road will also be a City road so Anoka County is only interested in the realignment. Mr. Schreier stated his property has all the access frontage and utilities he needs on County Road 14 and he does not believe the City can prove a benefit of $435,000 to realign the County Road. He stated this assessment against his property is to provide access to the corner lot which he does not own and restated he does not think the City can prove benefit. Council Member Lyden asked Mr. Schreier what the answer is. Mr. Schreier stated he has no reason to add to his competition. He noted there is a fair amount of wetlands to deal with and he does not know if the City will mitigate some of the wetlands. He stated he does not believe the City can prove that short road will benefit his property by $435,000 when he already has access. Mr. Schreier stated he did not see the proposed assessment roll until his attorney called the City Engineer to request a copy and he will contest this assessment. Mayor Landers asked Mr. Wessel if he would like this matter voted on tonight or tabled to the January 27, 1997 meeting. Mr. Wessel advised that Anoka County was clear about the PAGE 12 COUNCIL MINUTES JANUARY 13, 1997 arrangement between the City and Anoka County as it being the total system which requires a • 4/5 vote. He suggested the questions is whether the vote will be successful. • Mr. Hawkins noted that to meet this time schedule, which is already ambitious if it includes eminent domain, delaying to the next meeting may result in a project delay. Mr. Wessel advised it is planned to construct the two roadways concurrently. Mr. Ahrens stated the schedule is somewhat flexible and he does not believe a two-week delay will cause a major problem. Mr. Hawkins advised if the project fails tonight, then the process will have to start again. Mr. Wessel suggested this vote be delayed until the full Council is present. Mr. Ahrens concurred. Mr. Tesch noted Council Member Kuether made the motion but is no longer present. Mr. Hawkins advised the motion on the floor can be tabled to the next meeting for final determination. Council Member Bergeson stated unless there is reason to do otherwise, he supports having five Council Members present for the vote. Council Member Lyden suggested a special meeting be scheduled on Thursday prior to the Town Center discussion. Mr. Hawkins noted that staff has indicated a delay of two weeks will not cause a problem. Mr. Ahrens agreed there is no need to call a special meeting. Council Member Bergeson noted the Council is still in the discussion phase of the original motion to approve and requested that additional public input be allowed at this point, prior to considering a motion to table. Mr. John Daubny, representing Mr. Schreier, stated he has reviewed the unsigned copy of the Joint Powers Agreement (JPA) between Lino Lakes and Anoka County and suggested it be signed by both parties prior to taking final action on this project. He stated there is nothing in this JPA about the proposed service road and it is not within contemplation of Anoka County who, according to the JPA, proposes to spend $600,000 with Lino Lakes paying $300,000. Mr. Daubny said the service road largely benefits a single property and Mr. Schreier strongly opposes the proposed assessments. He pointed out that the developer is proposing a filling station, not a convenience store and if the road is approved, they will be back asking for access to County Road 14 which will create a safety situation. Mr. Daubny noted that Anoka County has flatly said in this agreement that the City will not approve any access to that portion of the roadway. Mr. Daubny referred to several pieces of correspondence regarding this project and explained that Anoka County has indicated they will remove their $600,000 funding if the City approves access to Main Street. He stated he believes it would be bad policy to proceed prior to the JPA being signed and all issues settled. He asserted this project is only being considered to benefit one property owner so he can construct a filling station. Mr. Daubny stated he knows Mr. Schreier as a man of honor and one who is fully informed before making a determination. PAGE 13 COUNCIL MINUTES JANUARY 13, 1997 Mayor Landers stated the Council must look at the better of two evils and the proposed project creates a shorter route plus a service road to access property that would otherwise be landlocked. He explained that once Otter Lake Road is realigned and the existing Otter Lake Road is closed, this City will not, nor will Anoka County, approve any other entrance onto County Road 14. Council Member Bergeson moved to table further consideration of Resolution No. 97 - 07 to the January 27, 1997 Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. In consideration of this motion to table, Mr. Ahrens recommended that Agenda Items 9F and 9G be tabled. Consideration of Resolution No. 97 - 08, Declaration of Intent to Bond, Otter Lake Service Road Street and Utility Project - Council Member Lyden moved to table consideration of Resolution No. 97 - 08 to the January 27, 1997 Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 09, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain, Otter Lake Service Road Street and Utilities Project - Council Member Bergeson moved to table consideration of Resolution No. 97 - 09 to the January 27, 1997 Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 01 Calling for a Public Hearing for an Industrial Facilities Project (AdGraphics) Pursuant to the Minnesota Industrial Development Act - Mr. Wessel advised that in February 1996 the City Council approved Resolution No. 96 - 11 indicating its intent to assist in financing AdGraphics, owned by the Taylor Corporation, through the issuance of revenue bonds in the principal amount of $6,000,000. The project being financed is the 138,400 square -foot manufacturing facility located on 20 acres in the Clearwater Creek Development Center. Mr. Wessel advised the City will assume no liability and the only restriction is this can only be done once annually. He noted that the Taylor Corporation applied for the allocation in December 1996, and the Department of Trade and Economic Development (DTED) notified the Taylor Corporation its allocation will be approved. The Municipal Industrial Development Act requires that the City Council facilitate the issuance of these tax exempt bonds and hold a public hearing. This resolution calls for the hearing to be held 6:30 p.m. at the February 10, 1997 City Council meeting. The issuance of the bonds is subject to final approval by DTED and the City Council then has 120 days to issue the bonds. Mr. Wessel named the staff members who have worked on this project. Council Member Lyden moved to adopt Resolution No. 97 - 01. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 01 can be found at the end of these minutes. PAGE 14 • • COUNCIL MINUTES JANUARY 13, 1997 Mayor Landers called for a recess at 8:50 P.M. The meeting was called back to order at 9:01 P.M. CITY ENGINEER'S REPORT, DAVID AHRENS - CONTINUED Consideration of Antenna Lease Agreement for Sprint Communications - Mr. Ahrens explained Sprint Communications has discussed with staff the installation of antenna facilities on the City's existing water storage tank near the Correctional Facility. The proposed agreement between Sprint and the City has been reviewed and approved by the City Attorney, staff, the City's communication engineering consultant, and Sprint officials. Staff requests Council approval of the Antenna Lease Agreement. Mr. Ahrens noted the Police Department reviewed this request and made several points in their review regarding the Police Department and other cities in Anoka County considering an 800 MHZ. frequency range for a public safety dispatching system and though there is no possible way to predict interference, this would be higher usage and a priority. FAA approval is required and the Lino Air Park North Commission needs to receive all appropriate reviewals. Mr. Ahrens recommended the applicant be required to submit a letter of those approvals. Regarding access to the site, the applicant will need to contact prison officials or City officials for after hours access to the site. Mr. Ahrens stated he recommends approval. Council Member Lyden requested a clarification as to "after hours access." Mr. Ahrens explained after hour access will be infrequent and only on and emergency repair basis. Normal maintenance would be handle during normal business hours. Mayor Landers stated to the best of his knowledge the Lino Airport North is not radio controlled and asked how the antennas could affect the Airport. Paul Harrington, Sprint PCA, explained they contact the FAA anytime they are placing appurtenances on structures not just to address communication or plane traffic, but also to address the height issue. Mayor Landers asked if the twelve -foot whip antennas will also have a beacon light. Mr. Harrington explained the directional panel antennas will be used which allows them to handle three times the traffic that an omni antenna can handle. He further explained it will be a six-foot long panel, mounted on center, at a certain height determined by award by the FCC. Mr. Harrington estimated the panels will be between 160 and 172 feet. Initially they anticipate going on the safety rig but will eventually move them to the band that is lower down on the tank, most likely within a year. Then the panel will be at 160 feet. Mayor Landers asked what is the approximate height of the antenna being mounted above the tank and if it needs a beacon. Mr. Harrington advised the initial mount will be about three feet above the safety rail. Mayor Landers asked if the panel will block the existing beacon from any view (360 degree circle). Mr. Ahrens agreed this may be a potential since the panel is six -feet wide and if this is a concern of Council, the Agreement can include a condition to raise a beacon, if needed. Mr. Ahrens stated the Council may want to leave this to the discretion of the FAA. PAGE 15 COUNCIL MINUTES JANUARY 13, 1997 Council Member Lyden asked if the City incurs legal liability for this type of work. Mr. Hawkins explained this Agreement incorporates a "hold harmless" clause for the City. Mr. Ahrens explained that proper insurance verifications must be submitted. He noted that he and the water tower construction company need to approve the installation and proper approvals must be submitted. Council Member Neal inquired regarding the fee. Mr. Ahrens advised the fee is $12,000 for all of the antennas, three sections of four, which is consistent with what other cities require. Mayor Landers recommended FAA approval of beacon light location also be included in the Agreement. Council Member Neal moved to approve the Antenna Lease Agreement with Sprint Communications and to authorize and direct the Mayor and City Clerk to sign said Agreement subject to: proper insurance documentation; water tank manufacturer and City Engineer approval of the installation techniques; and documentation of meeting all applicable review agency's approval including the FAA regarding beacon light location. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Antenna Lease Agreement for Nextel Communications - Mr. Ahrens explained Nextel Communications has discussed with staff the installation of antenna facilities on the City's existing water storage tank near the Correctional Facility. The proposed agreement between Nextel and the City has been reviewed and approved by the City Attorney, staff, the City's communication engineering consultant, and Nextel officials. He noted the concern of the Police Department regarding the staging area. Mr. Ahrens explained that Public Works uses the base of the water tower for storage of non -seasonal equipment. He recommended the Council allow the building to be constructed outside of the storage base. He noted Nextel Communications will pay $12,000 per year with 5% or CIP index increase for 20 years. They are proposing three panels and three antennas. A building on the outside of the storage base is proposed to be screened from Fourth Avenue and Apollo Drive to minimize aesthetics. Landscaping will be reviewed by staff. Mr. Ahrens requested Council approval of the Antenna Lease Agreement with Nextel Communications. Mayor Landers clarified the Police Department is not opposed to the structure being constructed but concerned if there will be more companies that make a similar request. The concern is whether multi -buildings will result in an eyesore and make it much more difficult for the Police Department to clear this area should there be an escape. Mr. Ahrens noted the Police Department also wants the fencing to be attached or immediately adjacent to the water tower, which is being proposed. Mayor Landers asked if it is possible to run the chain link fence around the roof of the structure. Mr. Ahrens stated Jeanne Kenow is satisfied with an 8 -foot high chain link fence with the prongs sticking up or one row of barbed wire. It was noted the final design and approval of the building and fence are at the discretion of City staff. PAGE 16 • • COUNCIL MINUTES JANUARY 13, 1997 Mayor Landers explained that placing fencing over the roof would keep individuals from getting into this area. Mr. Ahrens explained how the building could be reoriented to align with the existing watermain so the fence can be extended to encompass the building. He concurred with the need to keep this area "clean" and without clutter. Council Member Bergeson stated he is not real "hot" on this application. He noted the proposed building fits the needs of this company but the next company will want something else and he does not think the City wants that. Council Member Bergeson stated he would prefer a more comprehensive approach to a building that will serve those antennas. Mr. Ahrens explained that a certain type of fencing may address those types of concerns, such as a more decorative type of fencing. Council Member Neal asked if the equipment can be installed underground. Mr. Ahrens explained the equipment is fairly large cabinets and access is needed for maintenance. Jim Nelson, Nextel Communications, explained the technology being used is not the same as used with the previous request from Sprint. He advised Nextel's radio equipment is required in conjunction with the antennas and is not cabinetized. Mr. Nelson explained that some other communities required buildings rather than allowing just the cabinets to be installed. It was noted they propose to use a prefab building but would consider a stick building to make it visually different. Mr. Wessel noted this request was considered by the Planning & Zoning who raised very specific questions about appearance with one member voting against the request. Mr. Wessel stated this is a good question in terms of the need for an overall plan. He asked what Mr. Nelson envisions in five years with regard to the need for additional buildings or cabinets. Mr. Nelson explained the change in technology over the past 15 years and the trend to reduce the size of equipment. He stated he assumes there will be a reduction in physical mass required. Mr. Wessel inquired regarding the layout of future accommodations and area needed to be ultimately consumed by antenna structures. Mr. Nelson advised that a 50 -foot by 50 -foot area would be needed to adequately handle a 180 -foot tower to support three providers. He explained it is possible to handle four providers on that tower and in that area. However, the mass of the tower to handle three to four providers is another issue. Council Member Lyden noted the equipment is not being proposed inside the water tower base because that space is used by storage of equipment but, perhaps, the City should use the money from the antenna companies to construct a proper storage building. Then this equipment could be placed in the water tower base. Mr. Nelson stated if the issue of aesthetics is a major concern and the Council views the ultimate service as a benefit to the community and City proper, the Council could construct a structure and house all radio/antenna equipment inside. PAGE 17 COUNCIL MINUTES JANUARY 13, 1997 Mayor Landers asked if there is room in Pumphouse 3 and 4 to store off-season equipment so th the pumphouses. is unsure what is stored i water tower can be used for antenna equipment. Mr. Ahrens stated he' Mr. Ahrens noted that funds have been budgeted to construct a storage building. Council Member Lyden suggested staff explore options for a storage area and possible gain if base of the water tower. off-season equipment is stored in a different structure with the antenna equipment located in the Mayor Landers stated he would like to hear the Council's thoughts on that option, to store all of the City equipment in one location. Council Member Bergeson stated there is also a need to look at the cost for a storage building which could be $100,000+. He indicated support to table this issue until the next meeting and request staff to present alternatives for storage, and possible uniformity of antenna buildings. Council Member Neal stated he originally thought the water tower on the east side could be used for a police and fire substation. He suggested that if there is this much of a problem, then perhaps the City should forget about allowing antennas. Mayor Landers noted the money the City will make from allowing antennas. Mr. Nelson suggested that design issues, whether it is stick built or built-to-spec, be worked out but that the Council consider approval of their lease agreement so they can maintain the construction schedule. He explained that if there is building structure or location changes, they will work that out. He again respectfully requested the Council consider approval of their lease agreement. Mayor Landers asked if postponing to the January 27, 1997 Council meeting will allow enough time for staff to appropriately research those options. Mr. Ahrens explained it will be easy to research storage needs but staff may need more direction on uniformity of design issues. He reviewed the installation needs for various communication companies that he foresees in the community. Mr. Ahrens suggested the Council consider the lease agreement with the building plan being tabled to January 27, 1997. Mr. Wessel added his support for this suggestion. The Council agreed. Council Member Bergeson moved to approve the Antenna Lease Agreement with Nextel Communications and to authorize and direct the Mayor and City Clerk to sign said Agreement subject to: proper insurance documentation, water tank manufacturer and City Engineer approval of the installation techniques, and documentation of meeting all applicable review agency's approval. Council Member Lyden seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT MARY KAY WYLAND Site Plan Review, Nextel, Inc. - Council Member Bergeson moved to table the Nextel, Inc. site plan review to the January 27, 1997 Council meeting to allow time for staff to prepare PAGE 18 COUNCIL MINUTES JANUARY 13, 1997 recommendations regarding equipment storage and uniform design standards for antenna buildings. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS - CONTINUED Consideration of Resolution No. 97 - 05, Authorize Preparation of Feasibility Report, Marvy Street Utilities - Mr. Ahrens advised that this past fall, a resident along Marvy Street spoke to Council concerning hooking up to the City's sewer system. The resident is experiencing septic system failure, especially during high groundwater periods, and due to poor soils on the lot, cannot construct a conventional septic system that will guarantee them years of service. Since the rear portion of their lot abuts Apollo Drive, there exists a viable option of extending City sewer and water to serve the area. Mr. Ahrens advised a feasibility report is necessary to investigate construction costs, assessments, and construction alternatives prior to proceedings with this possible project. Mayor Landers asked if the trunk line will cross the outlot. Mr. Ahrens used an overhead to point out the location of the outlot and alignment of the trunk line. Mayor Landers asked if this area is within the Municipal Urban Service Area (MUSA). Mr. Ahrens advised MUSA was granted to one parcel in August of 1996 (Lot 6). Mayor Landers stated his understanding that the Metropolitan Council will consider no MUSA expansion. Mr. Ahrens agreed the Metropolitan Council has indicated there will be no MUSA expansion for undeveloped parcels but this is a developed parcel. Council Member Neal moved to adopt Resolution No. 97 - 05. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 05 can be found at the end of these minutes. Consideration of Resolution No. 97 - 06, Approve Plans and Specifications and Order Advertisement for Bids, I-35W/Highway 49 Interchange Commercial Development Area Trunk Utilities - Mr. Ahrens advised the City Council ordered the improvement and preparation of plans and specifications for the 35W/49 interchange Commercial Development Area Trunk Utilities on December 16, 1996. The plans and specifications are complete and City Council approval is required to approve the plans and specifications and order advertisement for bids. Mr. Ahrens noted the trunk utility lines start at a manhole to be constructed under the Centennial Middle School Project and extend northeasterly adjacent to the south 35W right-of-way. At the Oasis gas station property line, the utilities bend to head towards Lake Drive and cross into The Village area of the Town Center. The utilities will then be extended to serve future professional office buildings and stubbed to serve future development. Mr. Ahrens reviewed the proposed project schedule and advised that staff has received confirmation of acreage split on the Tagg property from Anoka County. The County Assessor has classified the Tagg property as multi-level account parcel and split the property as 11.8 acres Residential Homestead and 14.48 acres Commercial/Industrial. Mr. Ahrens recommended that split also be used for assessment purposes and that the Council consider approval of Resolution No. 97 - 06. PAGE 19 COUNCIL MINUTES JANUARY 13, 1997 Council Member Neal moved to adopt Resolution No. 97 - 06. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 06 can be found at the end of these minutes. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Authorizing Staff to Advertise Advisory Board Vacancies - Mr. Tesch explained that a list of annual appointments was included in the council packets. He noted the three appointments which should be considered at the first meeting relating to Acting Mayor, Legal Depositories, and Legal Newspaper. Council Member Bergeson moved to authorize staff to advertise advisory board vacancies. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Appointments/First Meeting of the Year: Acting Mayor - Council Member Lyden move to appoint Council Member Bergeson as Acting Mayor. Council Member Neal second motion. The motion carried with Council Member Bergeson abstaining from the vote. Legal Newspaper - Paul Wahl, Managing Editor of the Quad Community Press, thanked the City for its relationship this past year and advised they continue to have good reception "in this part of the world" for the Quad Community Press. He reviewed minor changed made to add Forest Lake coverage which provides a "one stop shopping center" for school news. Mr. Wahl announced that this coming year, they will debut their new web page which will make Lino Lakes news accessible to anyone who is on-line. Mr. Wahl stated he appreciates the City's support. Council Member Neal indicated it was difficult for him to support the Quad Community Press as the City's legal newspaper due to distribution and delivery problems. Mr. Wahl explained the difficult delivery conditions during the winter season and assured the Council they will make every attempt to assure proper delivery. Council Member Neal advised the City Hall is also having problems with delivery and he heard the same assurances from the Quad Press last year. Council Member Bergeson stated the Council would like Quad Press reporters to be in attendance at meetings once in a while. Mr. Wahl explained that reported Bob Elsenpeter covers several different meetings which occasionally conflicts with the Lino Lakes Council meeting schedule. He suggested, if the Council has a particular issues they would like covered, that they notify him. In regard to Work Sessions on Wednesday evenings, Mr. Landers pointed out there is a lot of good news which should be published for the public but these meetings are not being covered. PAGE 20 • COUNCIL MINUTES JANUARY 13, 1997 Also, without knowing what is on the Work Session agenda, it is difficult to notify the newspaper ahead of time. Mayor Landers stated having a reporter occasionally attend Work Session would benefit residents. Mr. Wahl stated he is willing to work in that regard and understands the need to add to the current staff level in the future. Council Member Neal moved to appoint both the Forest Lake Times and the Quad Community Press as Lino Lakes' legal newspaper in 1997. Mayor Landers declared this motion has not received a second and, therefore, is dead. Mayor Landers stated he does not believe Lino Lakes is large enough to warrant having two legal newspaper. Council Member Bergeson moved to appoint the Quad Community Press as Lino Lakes legal newspaper in 1997. Council Member Lyden seconded the motion. Motion carried unanimously. Legal Depositories - Council Member Bergeson moved to appoint Norwest, First Bank NA, Firstar Bank, Merrill Lynch, Dain Bosworth, Juran & Moody, and Prudential Bache as legal depositories in 1997. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Minutes, December 9, 1996 (Council Member Neal and Mayors Landers were absent) - This item was not considered since Council Member Kuether had been excused and was absent from the meeting. REMINDER, Council Work Session is scheduled for Tuesday, January 14, 1997, 5:30 P.M. to discuss revised Zoning Ordinance. REMINDER, Council Work Session is scheduled for Thursday, January 16, 1997, 5:00 P.M. to discuss the Village Master Plan. Due to a scheduling conflict for the presentation, Mr. Wessel requested the time be changed to 5:30 P.M. Council agreed and directed staff to revise the notice posted on the City Hall door. Council Member Bergeson moved to adjourn at 10:06 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council meeting, January 27, 1997. Marilyn C . Anderson, Jo ' L. Landers, Clerk -Treasurer Mayor Transcribed by: Carla Wirth TimeSaver Off Site Secretarial PAGE 21 Member Lyden introduced the following resolution and moved its adoption: RESOLUTION NO. 97-01 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165 relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment, and (b) WHEREAS, The City Council of the City of Lino Lakes, Minnesota (the "City"), has received from Taylor Corporation, a corporation organized under the laws of the State of Minnesota (the "Company"), a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument (the "Bonds") pursuant to the Act; and (c) WHEREAS, before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 469.154, Subdivision 4, of the Act: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, as follows: 1. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Public Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of Bonds to be issued to finance the proposal are described in the attached form of Notice of Public Hearing. 3. A draft copy of the proposed application to the Commissioner of the Department of Trade and Economic Development, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the Clerk -Treasurer. 4. The Clerk -Treasurer is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and also in a newspaper of general circulation available in the City, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. • • • Adopted by the City Council of the City of Lino Lakes, Minnesota, this 13th day of January, 1997. ATTEST: Clerk -Tr surer 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, Lyden, Neal, Landers. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. • Council member Lyden adoption: introduced the following resolution and move ilk CITY OF LINO LAKES RESOLUTION NO. 97-02 RESOLUTION AUTHORIZING THE ISSUANCE OF 1997 CERTIFICATES OF INDEBTEDNESS WHEREAS, the 1997 budget called for the issuance of certificates amounting to $225,000, and WHEREAS, the Area and Unit Fund (406) has sufficient reserves to issue a loan, and WHEREAS, a special levy will pay for these certificates in 1998, 1999 and 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Improvement Project Fund (401), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $225,000 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 1997 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 1997 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby , acknowledge the Capital Improvement Project Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes, the sum of $225,000 plus interest at 6% per annum in three installments in 1998, 1999 and 2000 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated January 13th, 1997 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of February 1, 1997. It is Hereby Certified and Recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed an0 constitutional or statutory limitation on indebtedness. • Page 2 Adopted by the City Council of Lino Lakes, Minnesotan this 13th day of January, 1997. Landers, Mayor (417e4-44-1. '74 J. 41.-i_k-7/1x:'07' Marilyn .derson, 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, Lyden, Neal, Landers. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: • Page 3 December 31, 1998 December 31, 1999 December 31, 2000 Total Interest Rate - 6% SCHEDULE OF PAYMENTS 1997 CERTIFICATES OF INDEBTEDNESS - $225,000 FEBRUARY 1, 1997 PRINCIPAL INTEREST TOTAL $ 75,000.00 $25,853.42 $100,853.42 75,000.00 9,000.00 84,000.00 75, 000.00 4,500.00 79,500.00 $225,000.00 $39,353.42 $264,353.42 Special Levy for $277,571.09 ($264,353.42 x 105%) Levy 1997 Payable 1998 Levy 1998 Payable 1999 Levy 1999 Payable 2000 $105,896.09 88,200.00 83,475.00 Total $277,571.09 • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-05 RESOLUTION ORDERING PREPARATION OF REPORT FOR MARVY STREET WATER AND SEWER IMPROVEMENTS WHEREAS, it is proposed to improve Marvy Street between Sunset Road and Jon Avenue 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: 1. 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 ay of January, 1997. J L. Landers, Mayor j 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, 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 January 13, 1997. Lmzi Ma ilyn D' C.c/J? le- J7iJCY L� Anderson, Clerk -Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-06 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - 35W/TH 49 INTERCHANGE COMMERCIAL DEVELOPMENT AREA TRUNK UTILITIES WHEREAS, pursuant to resolution of the council passed by the council on December 16, 1996, OSM, Inc., has prepared plans and specifications for the improvement of 35W/TH 49 Interchange Commercial Development Area Trunk Utilities 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 three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, February 18, 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, February 24, 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 January, 1997. J L. Landers, Mayor sW,JLIAA-a, Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favorthereof: 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 January 13, 1997. Marilyn G. Anderson, Clerk -Treasurer