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HomeMy WebLinkAbout02/10/1997 Council MinutesCOUNCIL MINUTES FEBRUARY 10, 1997 CITY OF LINO LAKES MINUTES DATE : February 10, 1997 TIME STARTED : 6:31 P.M. TIME ENDED : 7:39 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; Community Development Director, Brian Wessel; City Engineer, David Ahrens; City Attorney, Bill Hawkins; Planning Coordinator, Mary Kay Wyland; Senior Accountant, Paula Scholer; Recycling Coordinator, Jackie Constant; Assistant to the Community Development Director, Mary Divine. The agenda was approved as revised to consider item 9A prior to 5A. CONSENT AGENDA Council Member Lyden moved to approve the consent agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES, January 13, 1997 DISBURSEMENTS, January 31, 1997, ($1,729.23) February 10, 1997, (Ck. #46817 - Ck. #46922, $264,891.84) Centennial Fire District, February 6, 1997 (Ck. #8795 - Ck. #8830, $8,017.01) OPEN MIKE No one appeared under open mike. • PAGE 1 Approved Approved Approved Approved COUNCIL MINUTES FEBRUARY 10, 1997 CONSIDERATION OF RESOLUTION 97-17, ALLOCATING 1997-1998 COMMUNITY Ai DEVELOPMENT BLOCK GRANT, PAULA SCHOLER Ms. Scholer noted the City Council held a public hearing on January 13, 1997, to allow citizens and agencies the opportunity to request CDBG dollars. All projects so funded must benefit primarily low-income persons and all requirements of the grant, including insurance requirements, must be met by the sub -grantees of the City of Lino Lakes. Anoka County has informed the City of Lino Lakes that there is an estimated $35,770.00 available for 1997-1998 activities. Ms. Scholer stated staff recommends allocating funding per the City Administrator's recommendation and adoption of Resolution No. 97 - 17. Council Member Neal suggested increasing funding to ACCAP and Forest Lake Youth Service Bureau by $500 each and to reduce the requests from Community Emergency Assistance Program and ARC of Anoka and Ramsey Counties by $500 each. He noted that the two organizations which help Lino Lakes residents the most are ACCAP and the Forest Lake Youth Service Bureau. Council Member Lyden inquired regarding whether there is a minimum funding amount to consider due to administrative procedures. Mr. Schumacher explained the amount of administration involved with each new applicant is considerable and is the reason staff supports $1,000 as a reasonable threshold. This level of funding is also recommended by Anoka County. Ms. Schloer explained Anoka County recommends the minimum amount of $5,000 between all cities and staff is recommending $1,000 as the Lino Lakes' minimum level of funding. Council Member Neal revised his suggestion to not fund Community Emergency Assistance Program, Inc. or ARC of Anoka and Ramsey Counties and increase funding to ACCAP and Forest Lake Youth Service Bureau by $1,000 each. Council Member Lyden expressed reservation about totally cutting funding to two organizations and providing more funding than requested to two other organizations. He indicated support for the City Administrator's recommendation. Council Member Bergeson noted the total has been reduced by $5,000 so it is reasonable to assume some will not receive the full amount requested. Council Member Neal stated he will reconsider. Council Member Lyden moved to adopt Resolution No. 97 - 17. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97-17 can be found at the end of these minutes. PAGE 2 • 0 COUNCIL MINUTES FEBRUARY 10, 1997 SOLID WASTE REPORT, JACKIE CONSTANT Mayor Landers noted the public hearing has been closed but if any residents or solid waste haulers want to provide input, they can submits comment in writing to staff or the Council. Findings of Fact - Jackie Constant reviewed the process followed by the Council and City to establish organized consolidated collection of household waste, materials for recycling, and yard waste. She advised of meetings organized by staff with representatives of all haulers currently doing business within Lino Lakes. Ms. Constant reviewed the City desires to achieve several goals through organized collection including: limited truck traffic; uniform schedule of collection; expanded program for recycling; and limited hours of operation. She advised that following the 90 -day comment period, staff continued to discuss organized collection proposals with licensed collectors but have been unable to reached an agreement. She noted that under the current five -hauler system, each hauler charges a different rate and in review of local communities, Lino Lakes residents pay an average of $3 per month more for solid waste collection services than paid in other cities. She noted the study conducted by Braun Intertec has concluded that the high level of truck traffic does have a destructive impact upon City streets which results in added cost to the City and its residents. Ms. Constant concluded her remarks by commenting on staffs belief that organized consolidated collection will result in reduced fees to residents, better enable the City to ensure that all residents participate in the solid waste collection program, and better enable the City to enhance the recycling program and control the volume of truck traffic through scheduling. Presentation of Report by Braun Intertec - Ms. Constant introduced Erland Lukenan, Braun Intertec, and reviewed his qualifications. Mr. Lukenan, with the use of the overhead projector, presented the Solid Waste Report regarding the cost analysis of the impact to City roadways by comparing a one -hauler system to a four -hauler system. He outlined the parameters used as a basis to breakdown the current condition of City streets. Mr. Lukenan stated he reviewed truck loads based on a "truck factor" depending on the weight of the truck and its content. He explained the effect of four haulers, each with three trucks involved in the collection process (garbage, recycling, and yard waste in summer months). Mr. Lukenan presented two pie charts indicating road impacts based on a single -hauler system and a four -hauler system and explained the per mile cost for typical street construction including overlay and sealcoat. Mr. Lukenan said that for a new road, the added impact for three haulers (9 trucks) over the 20 - year life equals the need for an additional '/2 inch of asphalt or one inch of aggregate. The total cost of added asphalt is about $12,900 or $645 per year per mile for the 20 -year life of the street. He explained that for streets in marginal condition,°`it is difficult to predict. He estimated the capacity would be 15.6 years with one hauler and ,11.7 years with four haulers, or an additional cost per year of $2,068 per mile. With poor quality streets that are experiencing pavement failures, Mr. Lukenan estimated current annual maintenance costs would equal $3,840 per mile. PAGE 3 COUNCIL MINUTES FEBRUARY 10, 1997 On the taking issue in going from a four- or five -hauler system to a one -hauler system, Mr. Sullivan stated it is his opinion this action does not constitute a taking. He noted the City has wide discretion on how to organize solid waste collection and the idea of condemnation, in this case, would be different, not physical taking of property but, rather, based on the concept that changing the system will interfere with contracts which haulers currently have with customers. However, this is dependent upon the City issuing the hauler a license and the City has the right to change its system. It was noted this item will be voted on at the February 24, 1997 Council meeting. PLANNING AND ZONING REPORT, MARY KAY WYLAND SECOND READING, Ordinance 01 - 97, Rezoning five (5) lots on Lilac Street - Ms. Wyland reviewed the action taken by the Council to approve the rezoning of Lots 5, 6, 7, 11, and 12 of Block 4, Sunset Oaks (along Lilac Street adjacent to Behm's Century Farms Development) at their January 27, 1997. Ms. Wyland explained the Council action requires a four-fifths vote and advised staff recommends the Council approve the SECOND READING of Ordinance No. 01 - 97 rezoning the above described lots from a rural designation to a R-1 single family designation. Council Member Kuether moved to adopt Ordinance No. 01 - 97. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting against. Ordinance No. 01 - 97 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Resolution 97 - 20, Calling for a Public Hearing on the Adoption of a Modified Tax Increment Financing District 1-7 - Mr. Wessel reported that earlier this evening, the Economic Development Authority authorized the preparation of a modified Plan for Tax Increment Financing District No. 1-7 to provide financial assistance to Fogerty Investments for the construction of two office/manufacturing facilities in the Apollo Business Park. He advised that once the Council sets the hearing date, the modified plans will be sent to Centennial School District No. 12 and Anoka County for review and comment. Council Member Kuether moved to adopt Resolution No. 97 - 20. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 20 can be found at the end of these minutes. PUBLIC HEARING - PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT, ADGRAPHICS, BRIAN WESSEL Mr. Wessel noted the Council, in February of 1996, approved Resolution No. 96 - 11 indicating • its intent to assist in financing AdGraphics, owned by the Taylor Corporation, through the PAGE 5 • • COUNCIL MINUTES FEBRUARY 10, 1997 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. The Taylor Corporation applied for the allocation in December 1996 and the Department of Trade and Economic Development has notified them its allocation will be approved. The Minnesota Municipal Industrial Development Act requires that the City Council facilitate the issuance of these tax exempt bonds and hold a public hearing. Mr. Wessel recommended the Council hold a public hearing. Mayor Landers opened the public hearing at 7:22 p.m. Mr. Wessel introduced Joe Glenn, Vice President of Norwest Bank of Minnesota. No one else appeared to address this item. Council Member Kuether moved to close the public hearing at 7:23 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION 97 - 19, AUTHORIZING ISSUANCE OF $6,000,000 VARIABLE RATE DEMAND INDUSTRIAL REVENUE BONDS, SERIES 1997, AND AUTHORIZING EXECUTION OF VARIOUS DOCUMENTS Mr. Wessel explained the proposed resolution completes the City's commitment to facilitate the issuance and sale of tax increment industrial revenue bonds for the Taylor Corporation project in the Clearwater Creek Development Center and authorizes execution and delivery to the City of the loan agreement and other documents between the City and the trustee, Norwest Bank Minnesota. Council Member Kuether moved to adopt Resolution No. 97 - 19. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 19 can be found at the end of these meetings. ENGINEER'S REPORT, DAVE AHRENS Consideration of Resolution 97 - 07, Otter Lake Service Road - Order Improvement and Preparation of Plans and Specifications (4/5 vote) - Mr. Ahrens explained that at the January 27, 1997, Council meeting, staff was directed to meet with the property owners adjacent to the Otter Lake Service Road project to discuss options to improve the road alignment by straightening it. In order to keep the service road straight, and maintain a desirable separation distance between Main Street and the service road, it is necessary that Richard Schreier sell a portion of his land to Joan Tschida to maintain road frontage along Tschida's property. Mr. Ahrens advised staff met with Joan Tschida and Jim Coen, developers of the proposed gas station and restaurant project, and Richard Schreier numerous times to discuss options to accomplish this goal. He stated he is not aware of any firm commitments being made. PAGE 6 COUNCIL MINUTES FEBRUARY 10, 1997 Ms. Wessel read the letter from Richard Schreier to Mayor Landers declaring the project provides no benefit and stating his objection to the project. He then read the letter from Ms. Tschida to the City reviewing their meeting with Mr. Schreier, offer to purchase property to allow a straight service road alignment, and Mr. Schreier's decision to not sell land now or later. Mr. Wessel stated after further review, staff reaffirms their recommendation to proceed with this proj ect. Council Member Kuether extended the Council's appreciation to Ms. Tschida for the attempts made to purchase the needed land. In response to Council, Mr. Ahrens advised construction is estimated to start the beginning of June and alignment can be readjusted anytime prior to that date. Council Member Lyden extended his appreciation to Ms. Tschida as well as to staff for their extra effort and attempt to resolve these issues. Council Member Neal inquired regarding who will build the roadway. Mr. Ahrens explained that this is a City -initiated project so the City will design and construct the roadway and assure standards are maintained. Council Member Kuether moved to adopt Resolution No. 97 - 07. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 07 can be found at the end of these minutes. Consideration of Resolution 97 - 08, Otter Lake Service Road - Declare Intent to Bond - Mr. Ahrens advised 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 project costs. This is a non-binding declaration that must be done in order to finance projects in this manner. It was noted the City has recently ordered the Otter Lake Service Road Street and Utility Project that may be financed through bond proceeds. Council Member Kuether moved to adopt Resolution No. 97 - 08. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 08 can be found at the end of these minutes. Consideration of Resolution 97 - 09, Authorizing Eminent Domain Proceeding for Otter Lake Service Road - Mr. Ahrens explained the City is currently planning the construction of streets and utilities in the Clearwater Creek Area. The acquisition of right-of-way is necessary for the proposed improvements. Mr. Ahrens explained that with the adoption of this proposed resolution, the City is certain to have the right-of-way acquired in a timely manner so as to not delay the improvement project and expected private commercial development projects. • Council Member Lyden moved to adopt Resolution No. 97 - 09. Council Member Kuether 41) seconded the motion. Motion carried unanimously. PAGE 7 COUNCIL MINUTES FEBRUARY 10, 1997 Resolution No. 97 - 09 can be found at the end of these minutes. Consideration of Resolution 97 - 18, Ratify Wellhead Protection Joint Powers Agreement - Mr. Ahrens explained that on December 9, 1996, the Council authorized the City to enter into a Joint Powers Agreement (JPA) with ten other communities in Anoka County to jointly develop a Wellhead Protection Plan. The JPA is written such that the plan will be developed in two phases: Phase 1 to select a consultant to do the work, and Phase 2 to actually do the work. However, staff was recently informed that the State must do the actual work so staff recommends discontinuing with Phase 1 and move immediately into Phase 2 with the Minnesota Department of Health doing the work at no cost to the cities. Council Member Bergeson moved to adopt Resolution No. 97 - 18. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 18 can be found at the end of these minutes. Consideration of Resolution 97 - 12, Accept Report for Marvy Street and Leonard Drive Utility Improvements - Mr. Ahrens noted at the January 13, 1997, Council meeting, the Council ordered preparation of a report for installing sanitary sewer and watermain in Marvy Street. He explained a property owner north of Marvy Street with frontage along Leonard Drive has requested that the improvement include their property at 7404 Sunset Road. Mr. Ahrens reviewed the location of the proposed utilities and advised that in accordance with Minnesota State Statutes 429 and the Lino Lakes City Charter, the feasibility report is to be received by the Council. He advised staff recommends the Council adopt the proposed resolution but not schedule the public hearing to allow time for staff to discuss the report with Council at the next worksession. Mayor Landers inquired regarding the location of 7404 Sunset Road. Mr. Ahrens identified the location on an overhead along with the location of the house and wetland area. Council Member Kuether asked whether it is feasible to consider extension of utilities into Patty Drive. Mr. Ahrens stated he has not been contacted by any resident on Patty Drive but a neighborhood meeting may have been held in the past. He explained if this project proceeds, that area could be included and, perhaps, may result in an economy of scale. Council Member Kuether suggested those residents on Patty Drive be contacted to obtain their input. Mr. Ahrens reviewed the notices and informational letters he plans to send to impacted residents and those within the neighborhood. Council Member Kuether moved to adopt Resolution' No. 97 - 12. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 12 can be found at the end of these minutes. PAGE 8 COUNCIL MINUTES OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. ADJOURN FEBRUARY 10, 1997 Council Member Kuether moved to adjourn at 7:39 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, March 10, 1997. ClerK-TreasiYrer Transcribed by: Carla Wirth TimeSaver Off Site Secretarial May PAGE 9 • • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 01-97 AN ORDINANCE AMENDING ORDINANCE NO. B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL TO R-1 SINGLE FAMILY RESIDENTIAL The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from Rural to R-1 Single Family Residential pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: Lot 5, 6, 7, 11, and 12, Block 4, Sunset Oaks II. Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. 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 City Council of the City of Lino Lakes this 10th day of February, 1997. ATTEST: Marilyn G. knderson, Clerk/Treasurer L. Landers, Mayor The motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Neal, Landers. The following voted against same: Lyden Council Member Kuether its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97-07 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS - OTTER LAKE SERVICE ROAD STREET AND UTILITIES PROJECT. WHEREAS, a resolution of the City Council adopted the 25th day of November, 1996, fixed a date for a council hearing on the proposed improvement for the Otter Lake Service Road Street and Utilities Project by constructing street, curb and gutter, storm sewer, watermain and sanitary sewer. WHEREAS, ten days' mailed notice and two weeks' published notice of hearing was given, and the hearing was held thereon on the 16th day of December, 1996, 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 hereby ordered as proposed in the council resolution adopted the 10th day of February, 1997. 2. The City Engineer or his assigns is hereby designated as the Engineer for these improvements. The engineer shall prepare plans and specifications for making of such improvements. Adopted by the Lino Lakes City Council this 10th day of February, 1997. Marilyn Anderson, Clerk -Treasurer John L. Landers, Mayor • • • • • Resolution No. 97-07 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 Where upon 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 February 10, 1997. (J l x-27 �L� li-t`%✓ MarilynLG. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-08 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 project: Otter Lake Service Road Street and Utilities Project, 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 issued by the City after the date of payment of all or a portion of the costs. Pending the • • • Resolution 97-08 Page 2 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 97-08 Page 3 Adopted by the City Council this 10th day of February, 1997. John L. Lders, Mayor • r (^ A_. a{ilyn t.AAnderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None . Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on February 10, 1997. Marilyn 6 Anderson • • • • RESOLUTION NO. 97 - 08 INTENT TO BOND EXHIBIT A PROJECT DESCRIPTION TOTAL COST ESTIMATED COST TO BE REIMBURSED FROM BOND PROCEEDS SOURCE OF INTERIM FUNDING SOURCE OF FUNDS TO PAY BONDS AMOUNT OF FUNDS TO PAY BONDS Otter Lake Service Road Street and Utilities $ 400,000 $ 400,000 Area & Unit Fund Assessments $ 400,000 TOTAL $ 400,000 $ 400,000 $ 400,000 Member Lyden introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 97-09 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposes to construct and improve streets and utilities to serve the Otter Lakes Service Road Street and Utilities Project. WHEREAS, the improvement consisting of construction said 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 Highway by 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: February 10, 1997 ATTEST: Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor • • The motion for the adoption of the foregoing resolution was duly seconded by member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, 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 February 10, 1997. • q Marilyn G. Anderson, Clerk -Treasurer • Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 97-12 RESOLUTION RECEIVING REPORT - MARVY STREET AND LEONARD DRIVE UTILITY IMPROVEMENTS. WHEREAS, pursuant to resolution of the Council adopted January 13, 1997, a report has been prepared by TKDA, Inc., with reference to the improvement of Marvy Street between Sunset Road and Jon Avenue and Leonard Avenue between Marvy Street and the Bradley Street by constructing water main and sanitary sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The report is hereby received by the council. Adopted by the City Council this 10th day of Feb uary, 1997. hn L. Landers, Mayor r 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 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 February 10 , 1997_ Mari yn G. Anderson, Clerk -Treasurer • • • 4J LINO AIR PARK 0 THOM4 OUTLOT —' — LILAC-- - —STREET-- MARCIA, LA OVT LOT LINO L - �- - I REHABILITATION STATE TRUNK HIGHWAY N0.49 —74 TI ORVE C.S.A.H. 1'1 ) r 2 a 0 13 16 H 26 12 19 25 20 °f LA0 5 917 .j.1101 LIN° ELM - 20 2 1. 3 1. 4 17 5 11 Council Member Lyden resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 97-17 introduced the following A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1997-1998. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1997-1998 in the amount of $35,770.00 ($36,770.00 Tess $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and WHEREAS, The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals, and WHEREAS, The City Council supports the Rise program, designed to provide assistance to area residents with physical and/or mental disabilities,and WHEREAS, The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and WHEREAS, The City has an adopted ADA plan and the plan recommends that the council chambers have an Assisted Listening Device system, and • • • • Page 2 Resolution 97-17 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $4,500.00 of its 1997-1998 C.D.B.G. funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $4,500.00 of its 1997-1998 C.D.B.G. funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1997-1998 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $4,500.00 of its 1997-1998 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. 5. That the Lino Lakes City Council hereby requests that $2,211.00 of its 1997-1998 C.D.B.G funds be designated towards the Meals on Wheels program. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1997-1998 C.D.B.G. funds be designated towards the Rise program, to go towards the purchase of a van. 7 That the Lino Lakes City Council hereby requests that $1,000.00 of its 1997-1998 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 8. That the Lino Lakes City Council hereby requests that $16,104.00 of its 1997- 1998 C.D.B.G. funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 9. That the Lino Lakes City Council hereby requests that $955.00 of its 1997-1998 C.D.B.G. funds will be designated towards the ADA program to purchase an Assisted Listening Device for the council chambers. 10. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 97-17 Adopted by the Lino Lakes City Council this 10th Day of February, 1997. r hn L.. Landers, Mayor ear- Cindvi,wv Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Landers, Kuether, Bergeson and the following voted against same: Whereupon said resolution was declared duly passed and adopted. • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-18 RESOLUTION RATIFYING WELLHEAD PROTECTION PLAN JOINT POWERS AGREEMENT WHEREAS, the Lino Lakes City Council entered into a Wellhead Protection Plan Joint Powers Agreement that included representatives of each community of said Agreement comprising the Wellhead Protection Planning group, and WHEREAS, Phase 1 of the Agreement consisted of selecting a consulting engineer to prepare wellhead delineation zones, and WHEREAS, the State of Minnesota has ruled that the Minnesota Department of Health is responsible for wellhead protection zone delineation, and WHEREAS, the Minnesota Department of Health has submitted a proposal to complete wellhead delineation zones at no cost to the cities, and WHEREAS, the Wellhead Protection Planning Group passed a motion on January 23, 1997, to discontinue Phase 1 work of the Agreement and to accept the Minnesota Department of Health proposal, parts 1, 2, and 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The council hereby ratifies the Wellhead Protection Joint Powers Agreement by discontinuing Phase 1 work, consulting engineer selection, and to authorize commencement of the Phase 2 work described in parts 1, 2, and 3 of the Minnesota Department of Health proposal. Adopted by the City Council this 10th day of ebruary, 1997. hn Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None . Whereupon said resolution was declared passed and adopted. RESOLUTION NO. 97- 19 RESOLUTION AUTHORIZING ISSUANCE OF $6,000,000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1997, AND AUTHORIZING EXECUTION OF VARIOUS DOCUMENTS (TAYLOR CORPORATION PROJECT) WHEREAS, (a) Minnesota Statutes Sections 469.152 to 469.1651, as amended, (the "Act") confers upon municipalities the authority to issue revenue bonds to finance the cost of a "Project" consisting of any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in any business; (b) The City Council (the "Council") of the City of Lino Lakes, Minnesota, a municipal corporation duly organized and existing under the laws of the State of Minnesota (the "City") has received from Taylor Corporation, a Minnesota corporation (the "Company") a proposal that the City assist in financing the cost of the Company's acquisition, construction and equipping of an 150,000 sq. ft. manufacturing facility to be located at the I-35 and County Road 14 interchange, in the City, (the acquisition, construction and equipping shall be referred to in this Resolution as the "Project") by the issuance of revenue bonds under the Act; (c) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official of the City either directly or indirectly benefit financially from the Project; (d) The City, pursuant to Section 469.154, Subdivision 4 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, (the "Code"), published a Notice of Public Hearing, a copy of which with proof of publication is on file in the office of the Clerk -Treasurer of the City, of a Public Hearing on the proposal of the Company that the City assist in financing the cost of the Company's construction of the Project by the issuance of the Bonds (as hereafter defined); and (e) The Council conducted a Public Hearing on the date of this Resolution and prior to the consideration of this Resolution pursuant to said Notice, and all persons who appeared at the Public Hearing were given an opportunity to express their views with respect to the Company's proposal. 776937.1 • • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. It is proposed that the City issue its Variable Rate Demand Industrial Development Revenue Bonds, Series 1997 (Taylor Corporation Project) (the "Bonds") in the principal amount of $6,000,000, the proceeds of which will be used to finance the cost of the Project; 2. The City will issue the Bonds pursuant to an Indenture of Trust dated as of March 1, 1997 (the "Indenture") between the City and Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota as trustee (the "Trustee"). The Bonds will be privately placed with an accredited investor by Norwest Bank Minnesota, National Association, located in Minneapolis, Minnesota (the "Placement Agent") pursuant to a Bond Placement Agreement dated as of the date .of issuance of the Bonds (the "Bond Placement Agreement") by and between the City, the Company and the Placement Agent, and a Placement Memorandum dated as of the date of issuance of the Bonds (the "Placement Memorandum"). 3. The City will loan the proceeds from the sale of the Bonds (the "Loan") to the Company pursuant to a Loan Agreement dated as of March 1, 1997 (the "Loan Agreement") by and between the City and the Company. The Company will use the Bond proceeds to finance the costs of the Project. Under the terms of the Loan Agreement. the Company has agreed to repay the Loan by making payments to the Trustee (the "Basic Payments") in amounts necessary to provide for the payment of the principal of, purchase price, and interest on the Bonds. 4. As security for the payment of the Bonds, the City will assign and pledge all of its right, title and interest in and to the Loan Agreement (except certain rights reserved to the City), including the Basic Payments, to the Trustee pursuant to the Indenture. The Bonds will also be secured by an irrevocable direct pay letter of credit (the "Letter of Credit") issued by Norwest Bank Minnesota, National Association (the "Bank") to the Trustee in the principal amount of the Bonds, fifty (50) days' interest on the principal amount of the Bonds and a three percent premium upon a Determination of Taxability pursuant to a Reimbursement Agreement dated as of March 1, 1997 (the "Reimbursement Agreement") by and among the Bank, the Company and the Trustee. 5. Nothing in this Resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any City funds to finance the Project. The Bonds and interest thereon shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and shall not constitute or give rise to a pecuniary liability or moral obligation of the City or a charge against its general credit or taxing powers and neither the full faith and credit nor the taxing 776937.1 2 powers of the City is pledged for the payment of the principal o il, or interest on the Bonds. 6. Forms of the following documents have been submitted to the City: 776937.1 (a) The Loan Agreement; (b) The Indenture; (c) The Bond Placement Agreement; and (d) The Placement Memorandum. 7. It is hereby found, determined and declared that: (a) the Project described in the Indenture and the Loan Agreement constitutes a "Project" authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be, to promote the public welfare by expanding the City's economic base through the acquisition, construction and equipping of an 150,000 sq. ft. manufacturing facility; (c) the Project is to be located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities; (d) the construction of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, and the Bond Placement Agreement, and the performance of all covenants and agreements of the City contained therein, and the City's performance of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Indenture, the Loan Agreement, the Bond Placement Agreement, and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City hereby determines to be necessary, desirable and proper, to complete the acquisition and construction of the Project by such means as shall be available to the Company and in the manner determined by the Company, and with or without advertisement for bids as required for the acquisition and construction of municipal facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; 3 • • • (g) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of the principal of, purchase price, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Loan Agreement and Indenture; and (h) under the provisions of the Act, and as provided in the Loan Agreement and the Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City, except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, either legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the State of Minnesota or its political subdivisions and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 8. The forms of the Indenture, the Loan Agreement, and the Bond Placement Agreement (collectively the "Bond Documents") and exhibits thereto are approved in substantially the form submitted. Subject to the review and approval of Bond Counsel and City staff, the Mayor and the Clerk -Treasurer of the City are hereby authorized and directed to execute the Bond Documents in substantially the forms submitted. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officials. In the event of the disability or the resignation or other absence of the Mayor or Clerk -Treasurer, such other officers who may act in their behalf shall without further act or authorization of the Council do all things and execute all instruments' and documents required to be done or to be executed by such absent or disabled officials. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Bond Documents. 776937.1 4 9. Subject to approval of the final forms of the Bon Documents by Bond Counsel, the Mayor and the Clerk -Treasurer, the City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture, provided that the Bonds shall be issued subject to the approval of the Project by the Minnesota Department of Trade and Economic Development. The offer of the Placement Agent to place the Bonds for sale on substantially the terms set forth in the Indenture which has been submitted to the City in connection with this Resolution, at the interest rate or rates established in accordance with the Indenture, is hereby accepted. The Mayor and Clerk -Treasurer are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Purchaser. 10. The City hereby consents to the use of the Placement Memorandum in connection with the private placement of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Placement Memorandum other than the section therein captioned "The Issuer", and the City takes no responsibility for such information. The City relies exclusively on the due diligence of the Company and the Placement Agent as to the adequacy of the disclosures made in the Placement Memorandum. 11. The Mayor, Clerk -Treasurer and other officers of the City are authorized and directed to prepare and furnish to the Placement Agent certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained herein. 12. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Mayor and Clerk - Treasurer authorized herein to execute said documents prior to their execution; and the Mayor and Clerk -Treasurer are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate official or officials herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 776937.1 5 • • • CERTIFICATION I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the City of Lino Lakes, Minnesota, (the "City") DO HEREBY CERTIFY as follows: 1. I have carefully compared the attached and foregoing Resolution with the original thereof which is on file and of record in my office, and the same is a full, true and complete copy of the resolution duly adopted by the City Council of the City at a meeting thereof, duly called and held on February 10, 1997, insofar as the same relates to the City's $6,000,000 Variable Rate Demand Industrial Development Revenue Bonds, Series 1997 (Taylor Corporation Project). 2. Councilmember Kuether introduced the attached Resolution No. 97- 19 , and moved its adoption. 3. The motion for the adoption of the attached Resolution was duly seconded by Councilmember Neal and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against the same:None. 776937.1 By C. i Clerk -Treasurer Adopted by the City Council of the City of Lino Lakes, 411 Minnesota this 10th day of February, 1997. Attest: 776937.1 /. j 'moi t..J eA/J<7Y\ Clerk -Treasurer CITY OF LINO LAKES, MINNESOTA By 6 • • Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-20 RESOLUTION CALLING FOR PUBLIC HEARING ON THE MODIFICATION OF THE PLANS FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") intends to modify the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 1-7 ("TIF District No. 1-7"); and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act") requires that the city council of the city of Lino Lakes (the "City") hold a public hearing on the modified Plan for TIF District No. 1-7, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on Monday, March 24, 1997 at 6:30 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District No. 12 and Anoka Courjty at least 30 days prior to the public hearing and to invite their comments on the modified Plans. 3. The city staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: February 10, 1997 ATTEST: (-7-5 M rily G. Anderson, Clerk -Treasurer John L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. •