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HomeMy WebLinkAbout06/08/1998 Council Minutes• COUNCIL MINUTES June 8,1998 CITY OF LINO LAKES MINUTES DATE : June 8, 1998 TIME STARTED : 6:59 P.M. TIME ENDED : 8:14 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; Environmental and Forestry Coordinator, Marty Asleson; Finance Director, Mary Vaske; and City Clerk Marilyn Anderson Mayor Sullivan noted that sixty-seven applications were received for the City Administrator position. Monday, June 15, 1998, six (6) applicants will appear before an all day panel and a selection will be made. Mayor Sullivan also noted that a new packet is available from the Environmental Board. The packet entails information regarding wildlife, landscaping, and ideas to help the environment. • The packet is available at City Hall. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA • Council Member Bergeson moved to approve the Consent Agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: May 29, 1998 ($471,084.81) Approved June 8, 1998 (Checks No. 50916 - 51023, $239,833.19) Approved Centennial Fire District May Expenses Approved June Expenses Approved COUNCIL MINUTES June 8, 1998 Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Ms. Rosemary Storberg, Lino Lakes, came forward and explained to the Council that she was injured in the parking lot of the 49 Club. She reported the incident to a bartender at the club. The stump that she received her injury from was not fixed. Ms. Storberg discovered that the owner of the club and the person who held the liquor license did not live in the State of Minnesota. After Ms. Storberg filed a claim in small claims court, the stump in the parking lot was fixed. She asked for a letter of apology from the owner. The owner refused. She asked for a donation for a children's Christmas fund. The owner refused and instead chose to go to court. No settlement occurred. Ms. Storberg wrote an editorial about her experience. The Quad Press refused to print it. Ms. Storberg asked the Council if the person who holds the liquor license is responsible for the property and premises. Mayor Sullivan thanked Ms. Storberg for her comments. She stated that the responsibilities of liquor license holders will be discussed by Council at a Council work session. Tim Fried, 6559 Pheasant Run, came forward to thank the Council for the new playground equipment, especially the equipment that is going to be installed at Birch Park. Mayor Sullivan thanked Mr. Fried for taking the time to address the Council regarding the playground equipment. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Resolution No. 98 - 79, Amending Resolution No. 97 -140 and Resolution No. 97 - 141 - Ms. Vaske stated that in October, 1997, Council adopted Resolution No. 97 - 140 and Resolution No. 97 - 141 transferring funds from T.I.F. 1-1 and T.I.F. 1-2 to the Town Center Fund for infrastructure. In December, 1997, the Town Center Fund was divided into three funds: Village, Civic Complex, and Infrastructure. The two (2) 1997 Resolutions stated the transfer to Fund 431. The Infrastructure Fund was established as Fund 433. The amendment is to change the fund number that the transfer was made to. Council Member Lyden moved to adopt Resolution No. 98 - 79, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 79 can be found at the end of these minutes. Consideration of Resolution No. 98 - 80, Approving Annual Transfers for Rice Industries from Tax Increment - Ms. Vaske stated that per the T.I.F. agreement with Rice Industries, assessments owing on the property were to be paid with increments over the life of the district. The T.I.F. attorney has suggested an assessment schedule based on the approximate term of the 2 • • • COUNCIL MINUTES June 8,1998 district with 10% interest charges per year. These annual transfers for assessments have been previously approved for all other T.I.F. projects with the same assessment agreement. The total assessment owing is $51,260.05. Ms. Vaske asked Council to adopt Resolution No. 98 - 80 to allow for annual transfers for assessments from increment received. Council Member Bergeson moved to adopt Resolution No. 98 - 80, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 80 can be found at the end of these minutes. Approval of Springsted, Inc. to Perform Arbitrage and Rebate Monitoring Services for the 1998A Lease Revenue Bonds and 1998A and 1998B G. O. Improvement Bonds - Ms. Vaske stated that with the issuance of the three (3) bonds, the City has exceeded the requirements for arbitrage reporting. The limit is $5,000.000. In order for the City to be able to issue future municipal debt, the City is now committed to provide ongoing arbitrage reporting. Ms. Vaske continued stating that the City entered into an agreement with Springsted in 1996 for arbitrage monitoring. This motion is for approval of Addendum B. The fee to Springsted is $400 annually or $850 for monitoring at the close of every fifth bond year. Because of the complex rules and regulations, many cities have contracted with Springsted for this service. Council Member Lyden moved to approve and sign the attached addendum's to the 1996 agreements for the G. 0. Improvement Bonds 1998A and 1998B and the Lease Revenue Bond 1998A, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Approval of Springsted, Inc. to Perform Continuing Disclosure Services for the 1998A Lease Revenue Bonds and 1998A and 1998B G. O. Improvement Bonds - Ms. Vaske stated that the Securities and Exchange Commission has created regulations for disclosure of pertinent information relating to the issuance of municipal debt. Upon the sale of the bonds in 1998, the City will be committing to actions throughout the life of the bonds. The commitment is that the City will continue to provide ongoing disclosure regarding the issues and the City will comply with the arbitrage regulations. The City signed the original agreement with Springsted in 1996 for continuing disclosure services. This is for approval of Addendum A to the 1996 Agreement. Because of the complex rules and regulations, many cities have contracted with Springsted for this service. Council Member Bergeson moved to approve and sign the addendum's to the 1996 agreements for the G. 0. Improvements Bonds 1998A and 1998B and the Lease Revenue Bond 1998A, as presented. Council Member Neal seconded the motion. Motion carried unanimously. COUNCIL MINUTES June 8, 1998 COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Consideration of Final Plat, Behm's Century Farms, 4th Addition (4/5th Vote) - Ms. Wyland stated that the preliminary plat for Behm's Century Farms 4th Addition was approved by the Council in July, 1997. At that time the City also received approval from the Metropolitan Council to allow the use of the Interim MUSA Reserve on Behm's 3rd, 4th, 5th, and 6th Additions. The Council authorized the MUSA expansion into this area in February, 1997. The net acreage required for this Final Plat is 10.46 acres leaving a balance of 72.31 acres of Interim MUSA Reserve. Ms. Wyland said that this addition to Behm's Century Farms includes three (3) cul-de-sacs. One cul-de-sac off Lilac Street and two (2) off a "to be constructed" roadway formerly known as Laurie Avenue. The property has been graded, permits received from the RCWD, a development agreement and financial guarantees posted, and the title work reviewed and approved by the City Attorney. Utilities are being extended down Lilac Street to serve the new development which will consist of 28 single family lots. Staff recommends approval of Behm's Century Farms, 4th Addition final plat and the allocation of 10.46 net acres of Interim MUSA Reserve. Mayor Sullivan asked the City Attorney if there are any legal implications if the MUSA was not approved. Mr. Hawkins stated that if the MUSA is not approved the final plat would not go through. Ms. Wyland stated that a condition of the final plat was MUSA approval. The MUSA has been allocated from the MUSA Reserve. Council did approve the request to the Metropolitan Council for the MUSA Reserve. Council Member Bergeson moved to approve the allocation of 10.46 net acres of Interim MUSA Reserve, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Council Member Bergeson moved to approve the final plat, Behm's Century Farms 4th Addition, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of Resolution No. 98 - 81, Authorizing the Issuance and Sale of $3,000.000.00 Industrial Development Revenue Bonds (Molin Concrete) - Mr. Wessel stated that the Council held a public hearing on April 27, 1998, for the consideration of a proposal to issue $3.4 million in industrial revenue bonds for the construction and equipping of an approximately 16,000 square foot building and construction of an additional 1,600 square foot building for Molin Concrete. The actual issuance and sale of the bonds was delayed while Molin Concrete reapplied for tax exempt bonds. Molin Concrete was successful in obtaining $3 million in tax exempt bonds in this round of applications. 4 • • • COUNCIL MINUTES June 8, 1998 The resolution will authorize the issuance and sale of $3 million of industrial revenue bonds. The bonds will not constitute a charge, lien or encumbrance upon any property of the City except the project, and will not be a charge against the City's credit or taxing powers. Council Member Bergeson asked if Molin Concrete is financing an additional $400,000. Mr. Wessel indicated that Molin Concrete is financing the $400,000. The additional financing is separate from the industrial revenue bonds. Council Member Lyden moved to adopt Resolution No. 98 - 81, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 81 can be found at the end of these minutes. Comprehensive Plan Update - Mr. Wessel stated that the last meeting was Wednesday, June 3, 1998. The meeting was held in a work session format and included the Comprehensive Plan Task Force and the City Council. The meeting will be continued on Monday, June 15, 1998. The meeting will also be a joint work session. A recommendation will go forth to the regular Comprehensive Plan meeting on Thursday, June 25, 1998. BUILDING DEPARTMENT REPORT, PETE KLUEGEL Consideration of Emergency Ordinance No. 08 - 98, Providing for the Use of Motor Homes/Self Contain Travel Trailers as Temporary Residences During Repair of Damage to Dwelling Which Occurred on May 15, 1998 - Mr. Kluegel stated that the Building Inspections Department has been contacted by residents of Lino Lakes requesting to be allowed to occupy a motor home on their property while working to repair their storm damaged homes. These people are currently housed in motel rooms and want to repair their own homes. Mr. Kluegel recommended the homeowners be allowed to park a motor home on their property subject to specific criteria in the Emergency Ordinance. Mayor Sullivan asked if the four (4) families have been notified. Mr. Kluegel indicated that the families have been notified. Council Member Neal stated that allowing the families to live in a motor home while home repairs are being done is a very good idea. Mayor Sullivan stated that the limitations to the Emergency Ordinance include a limit regarding the amount of time allowed to live in a motor home, the American Red Cross declared the home destroyed, and the Ordinance is only appropriate at this time of emergency. Council Member Neal moved to adopt Emergency Ordinance No. 08 - 98, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Ordinance No. 08 - 98 can be found at the end of these minutes COUNCIL MINUTES June 8,1998 CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 82, Accept Permanent Easement, Ware Road Reconstruction Project - Mr. Ahrens stated that the Council has awarded the construction contract to S. R. Weidema for the Ware Road project. A pond to treat road runoff is required and can not be built within the existing City right of way. City staff has negotiated perpetual easement requirements for the pond. The easement will be granted to the City for $1.00. Mr. Ahrens asked Council to adopt Resolution No. 98 - 82, accepting the perpetual easement for drainage, utility and storm water ponding from the trust of Raymond J. Miller. Council Member Lyden asked how the price of $1.00 had been determined. Mr. Ahrens stated that the owner believes that the easement will benefit the property in the future. Council Member Lyden moved to adopt Resolution No. 98 - 82, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 82 can be found at the end of these minutes. Consideration of Resolution No. 98 - 83, Accept Bids and Award Construction Contract, West Shadow Lake Drive Culvert Replacement - Mr. Ahrens stated that Council approved the plans and specifications for this project on April 27, 1998. On June 4, 1998, five (5) sealed bids were received and opened with the following results: Forest Lake Contracting, Inc. CCS Contracting S. R. Weidema F. F. Jedlicki Ro-So Contracting Engineer's estimate $28,297.00 $32,154.50 $36,892.85 $39,101.00 $39,440.00 $34,062.50 The bids were tabulated and no errors were found. The five (5) bids submitted represent a good bidding environment for this type of project and time of year. The low bid by Forest Lake Contracting, Inc., is approximately 17% below the engineer's estimate. Staff has worked with Forest Lake Contracting, Inc. in the past and they are a capable contractor capable of completing the required work. Mr. Ahrens stated that the construction costs for this project will be paid by the City's Surface Water Management Fund. The proposed schedule for the project is as follows: Council Awards Bid Construction Begins Substantial Completion 6 June 8, 1998 June 22, 1998 July 6, 1998 • • COUNCIL MINUTES June 8, 1998 The project will include closing West Shadow Lake Drive from 8:30 a.m. to 3:30 p.m. on two (2) separate occasions. Once for installing the new culvert and again for removing the existing culvert. During this closure, traffic will be routed through the Chomonix Golf Course road. Mr. Ahrens indicated that staff will precede the project with notification to all affected property owners, garbage collectors, mail couriers, etc., explaining the project scope and the time frames of the detour. Staff recommended that Resolution No. 98 - 83 be adopted. Mayor Sullivan stated that she appreciates the effort of communication regarding the affected property owners and service providers in the area. Council Member Bergeson asked if the Rice Creek Watershed District had been notified regarding the height and future flow control. Mr. Ahrens stated that he had not yet spoke with the Rice Creek Watershed District. He is still pursuing a discussion with them. Council Member Bergeson stated that he felt a discussion with the Rice Creek Watershed District is necessary for approval of this resolution. Mr. Ahrens indicated that a permit has been received from the DNR. Council Member Neal asked what time the gate at the golf course will open. Mr. Ahrens indicated the gate would open for through traffic at 8:30 a.m. Council Member Neal stated he did not believe that was early enough for work traffic. Mr. Ahrens explained that West Shadow Lake Drive will be open until 8:30 a.m. Traffic will be routed through the golf course after 8:30 a.m. Council Member Bergeson moved to adopt Resolution No. 98 - 43, subject to final contact with the Rice Creek Watershed District regarding the height and future flow control of the culvert. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 83 can be found at the end of these minutes. Consideration of Resolution No. 98 - 84, Approve Loan Agreement with Metropolitan Council, Inflow and Infiltration Reduction Project - Lakes Addition Sanitary Sewer Rehabilitation Project - Mr. Ahrens stated that Inflow/Infiltration Control Program Loan Agreement between the Metropolitan Council and Lino Lakes requires Council approval to allow the City to take advantage of a $40,000 loan to finance sanitary sewer repairs in the Lakes Addition area of Lino Lakes. Both the City Attorney and Finance Director have reviewed the Agreement and found it acceptable. A provision in the Agreement states that repayment of the loan may be waived if the City reaches its goals in reducing inflow and infiltration into the sanitary sewer main. Staff recommended Council adopt Resolution No. 98 - 84. COUNCIL MINUTES June 8, 1998 Mayor Sullivan thanked Mr. Ahrens for obtaining the loan for the City. Council Member Dahl moved to adopt Resolution No. 98 - 84, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 84 can be found at the end of these minutes. Consideration of Resolution No. 98 - 85, Approve Plans and Specifications and Authorize Advertisement for Bids, Otter Lake Road Realignment Project - This project involves the reconstruction of existing Otter Lake Road along a new alignment between Cedar Street and Main Street. The project addresses the transportation needs of the existing businesses and proposed business development in the Clearwater Creek Business Center. The proposed improvements will also relocate the Otter Lake Road (C.R. 83)/Main Street (CSAH 14) intersection further east and away from the I -35E exit ramp to improve the intersection safety and sight distance. As the project also benefits Anoka County, the County has agreed to enter into a Joint Powers Agreement to share in the cost of constructing the roadway and related drainage improvements. The plans have been substantially completed and have been submitted to the County for their review. Mr. Ahrens noted that based on the Draft Agreement the cost split will be as follows: City of Lino Lakes Anoka County $356,941 $678,348 Total Cost $1,035,289 The proposed schedule for the project is as follows: Approve Plans and Specifications and Authorize Advertisement for Bids Advertisement Open Bids Award Construction Contract Begin Construction Substantial Project Completion Staff recommended Council adopt Resolution No. 98 - 85. June 8, 1998 June 30, July 7, July 14, 1998 July 21, 1998 July 27, 1998 August 10, 1998 November 2, 1998 Council Member Bergeson asked about the status of the connecting road between the old and new Otter Lake Road. Mr. Ahrens stated that a commitment has been made to acquire that property. Mr. Hawkins stated that the City has had discussions regarding the required right-of-way. The City has entered into a verbal agreement with the owner of the property. The agreement states 8 • • COUNCIL MINUTES June 8, 1998 that no further action will be taken for the next twelve months if documents are provided that he is in fact the owner of the property. Also, the owner of the property will have to dedicate a connector road. The agreement was sent out and the City is anticipating it will be accepted. Council Member Bergeson stated that if the agreement is accepted, the arrangement will be satisfactory to all those involved. Council Member Bergeson moved to adopt Resolution No. 98 - 85, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 85 can be found at the end of these minutes. Consideration of Resolution No. 98 - 86, Approve Joint Powers Agreement with Anoka County, Otter Lake Road Realignment Project - The realignment of Otter Lake Road is a joint project between the City of Lino Lakes and Anoka County. The City initiated the project and will administer the project through construction. As such, a Joint Powers Agreement is necessary to formalize certain issues between Lino Lakes and Anoka County. Council action is requested at this time to approve the Joint Powers Agreement with Anoka County for the Otter Lake Road Realignment Project and to authorize the Mayor and City Clerk to sign the Agreement. Mr. Ahrens indicated that the Joint Powers Agreement is similar to previous agreements between the County and Lino Lakes for Apollo Drive, Phase 1 and 2. The Agreement identifies funding splits between the City and County. The funding is as follows: City of Lino Lakes $356,941 Anoka County $678,348 Total Costs $1,035,289 Mr. Ahrens stated that the City has acquired all of the right-of-way per the Agreement. The Agreement states that the City will receive existing Otter Lake Road between the realignment and Main Street. The Agreement also states that the City will not approve any access to Main Street between I -35E and the new alignment of Otter Lake Road. In addition, the City will limit the number of roadway connections to three (3) and limit the number of driveway connections to six (6) to the new Otter Lake Road. Staff recommended Council adopt Resolution No. 98 - 86. Council Member Lyden asked if there had been any discussions regarding a right-of-way off of Main Street. Mr. Ahrens stated that a right-of-way off of Main Street had been discussed. There are spacing issues regarding accommodation of the turn lane. Mr. Ahrens said that because of the spacing issues the County was not receptive to a right of way off of Main Street. COUNCIL MINUTES June 8, 1998 Council Member Bergeson asked if the agreement limited the number of entrances only on the south side of Main Street. Existing entrances are present on the north side. He asked if the existing entrances will still exist under this agreement. Mr. Ahrens indicated that the agreement does not specify the north or south side of Main Street. Mayor Sullivan asked if Otter Lake Road will continue after Main Street. Mr. Ahrens indicated Otter Lake Road will not continue after Main Street. Council Member Bergeson moved to adopt Resolution No. 98 - 86, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 86 can be found at the end of these minutes. Consideration of Resolution No. 98 - 87, Approve Payment No. 1 (final), Lakes Addition Sanitary Sewer Rehabilitation Project - The contractor for the Lakes Addition Sanitary Sewer Rehabilitation Project is requesting Council approval of payment number 1 (final) in the amount of $84,329.99. The final contract amount is summarized as follows: Contract Amount Quantity Overruns Final Contract Amount $83,444.43 $ 855.56 $84,329.99 The overruns reflect the actual quantities used to complete the project versus the engineer's plan quantities. In this case, additional areas of inflow of groundwater were noted during the project compared to the televising report done at design. Staff recommended Council adopt Resolution No. 98 - 87. Council Member Bergeson moved to adopt Resolution No. 98 - 87, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 87 can be found at the end of these minutes. Consideration of Resolution No. 98 - 88, Approve Payment No. 5 (final), Laurene Avenue Lift Station - The contractor for the Laurene Avenue Lift Station Project is requesting Council approval of payment No. 5 (final) in the amount of $1,131.90. The final contract amount is summarized as follows: Contract Amount Change Order No. 1 Change Order No. 2 Final Contract Amount $51,052.00 $ 2,809.91 $ 2,733.33 $56,595.24 Mr. Ahrens referred to a memorandum from Michael Krech, Senior Engineering Technician, that explained the two (2) change orders. 10 COUNCIL MINUTES June 8, 1998 • Staff recommended Council adopt Resolution No. 98 - 88. • • Council Member Neal stated for the record that he does not approve of change orders. Council Member Lyden moved to adopt Resolution No. 98 - 88, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 98 - 88 can be found at the end of these minutes. Consideration of the Resignation of the Engineering Tech - Mr. Ahrens referred to a letter of resignation from Michael Krech, Engineering Technician. Mr. Krech is pursuing new opportunities with another municipality. Mr. Ahrens stated that the City wishes him well, and thanked him for his years of service to the Lino Lakes community and residents. Council Member Neal moved to accept Mr. Krech letter of resignation, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Consideration of the Renewal of Liquor and Beer Licenses and Dance Licenses, Marilyn Anderson - Ms. Anderson explained that many years ago proof of residency in Lino Lakes was required to obtain a liquor license in the City of Lino Lakes. Because this requirement was not feasible for large corporations, the ordinance was amended to state that a manager of the establishment must be a resident of the City. That is how the ordinance currently stands. Ms. Anderson stated that the City has received several renewal applications for liquor, 3.2 beer, and dance licenses that should be renewed by July 1, 1998. The Police Department has investigated each establishment and their managers. No problems were noted in this investigation. Ms. Anderson stated that she is waiting for additional information from one establishment as follows: 49 Club All information is complete. 6007 Hodgson Road Anoka County Parks Department Chomonix Golf Course 646 Sandpiper Drive Insurance information and investigation report on manager. (Since this application does not have to be approved by the State Liquor Control Board, Council can consider the application at the June 22, 1998, Council meeting.) J & K Liquor, Inc. All information is complete. 11 COUNCIL MINUTES June 8,1998 6013 Hodgson Road Lakes Liquor of Lino Lakes Information is complete. (Owner of building 7860 Lake Drive is delinquent in payment of property taxes. The City Code is specific and reads as follows: "Places Ineligible for License. No license shall be granted for operation on any premises for which taxes, assessments, or other financial claims of the city are delinquent and unpaid." The owner of the property has indicated that he will make arrangements with the County for payment of the taxes. The City Attorney has indicated that this action will not be sufficient and the license should not be renewed until the taxes are paid.) Miller's On Main 8001 Lake Drive Shirley Kaye's, Inc. 6810 Lake Drive Tom Thumb Food Markets, Inc. 7007 Lake Drive Twin Cities Stores, Inc. 7509 Lake Drive Circle -Lex VFW Post #6583, Inc. 7868 Lake Drive All information is complete. All information is complete. All information is complete. All information is complete. All information is complete. Mayor Sullivan asked if the manager of Chomonix Golf Course is the same manager as last year. Ms. Anderson indicated it was not the same manager. Council Member Neal asked if the Lakes Liquor of Lino Lakes pay their taxes will the license be renewed. Ms. Anderson indicated that if the taxes are paid the liquor license may be renewed. She stated she is asking Council for approval early in order to forward the applications to the State for their approval. Mayor Sullivan expressed concern regarding approval of the Lakes Liquor of Lino Lakes application if the taxes are not paid. 12 COUNCIL MINUTES June 8,1998 Council Member Neal suggested Council vote with the contingency that all obligations are met • by July 1, 1998. Mayor Sullivan noted that liquor license owners and manager responsibilities will be discussed at a Council Work Session. • Council Member Bergeson asked if there will be communication with the applicants regarding the contingency of approval. Ms. Anderson stated that she will inform the applicants of all conditions of approval. Mayor Sullivan asked how the applications are recalled once submitted to the State. Ms. Anderson stated that she completes and send them to the State. The State then sends the applications back to the her. Any requirements not met will not be forgotten or overlooked. Council Member Neal moved to approve all licenses contingent on all obligations being met by July 1, 1998. Council Member Lyden seconded the motion. Motion carried with Mayor Sullivan voting no. Consideration of a Letter from City Auditor, Tautges, Redpath, David Pecchia - Mr. Pecchia referred to a letter from the City Auditor explaining that the scope of the original 1997 audit had increased and is requesting additional compensation. Mr. Pecchia asked Council to adopt a motion approving the letter of June 3, 1998. Council Member Bergeson stated that he would vote to approve the letter only because the City Administrator recommends approval. He stated that under the circumstances, the audit should have been done for no charge or at a reduced price. Mayor Sullivan stated that she agreed with Council Member Bergeson. Council Member Lyden moved to approve the letter of June 3, 1998, from Tautges, Redpath, LTD., as presented. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR JUNE 9 THROUGH JUNE 19, 1998 Ground Breaking for the Lino Lakes Civic Complex, Tuesday, June 9, 1998, 4:30 p.m. Planning and Zoning Board, Wednesday, June 10, 1998, 6:30 p.m. City Administrator Interviews, Monday, June 15, 1998, 8:00 a.m., Centennial Middle School Council Work Session with Comprehensive Task Force, Monday, June 15, 1998, 4:30 p.m., Centennial Middle School 13 COUNCIL MINUTES June 8, 1998 Citizens Advisory Committee, Monday, June 15, 1998, 7:00 p.m., Centennial Middle School • Comprehensive Plan Meeting, Wednesday, June 17, 1998, 4:45 p.m. League of Minnesota Cities Annual Meeting, June 17 through June 19, 1998 ADJOURN Mayor Sullivan noted that the Mayor's Round Table that was held last week was very successful. She also noted that Kite Day was a big success. There being no further business, Council Member Dahl moved to adjourn at 8:14 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, June 22, 1998. /la,L) Marilyn Anerson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 14 • • • • • Council Member Neal introduced the following emergency ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 08 - 98 AN EMERGENCY ORDINANCE PROVIDING FOR THE PARKING OF A SELF-CONTAINED MOTOR HOME OR TRAVEL TRAILER FOR USE AS A RESIDENCE ordain: The City Council of the City of Lino Lakes, Anoka County, Minnesota, does Legislative Findings of Fact The City of Lino Lakes, Minnesota, experienced a severe storm and tornado on Friday, May 15, 1998. As a result of the storms and the tornado, several homes were destroyed and the residents moved to other housing. Some owners of these destroyed homes now wish to rebuild their homes and desire to be living on-site during the rebuilding process. They have requested authorization to park and live in a motor home on their property. The City finds that living on the property during reconstruction is in the best interest of the homeowner because the homeowner will be able to protect his property by deterring theft or vandalism. In addition, the homeowner will be available at all times to the builder. Therefore, the City Council of the City of Lino Lakes, Anoka County, Minnesota, does thereby ordains: 1. A temporary emergency exists for those homeowners whose dwellings were destroyed by the storms and tornado of May 15, 1998. 2. Not withstanding any contrary provisions in the Lino Lakes City Code, the owner of any single family home declared destroyed by the American Red Cross shall be allowed to park and live in a motor home or self contained travel trailer until the expiration of this ordinance as outlined in paragraph No. 3. 3. This emergency ordinance will expire on August 22, 1998. This ordinance shall take effect upon its passage by a majority of Council Members present at the June 8, 1998 City Council meeting and shall be in force until August 22, 1998. Passed by the Council of the City of Lino Lakes this 8th day of June, 1998. ORDINANCE NO. 08 - 98 Page -2- Mari yn G. Anderson, Clerk -Treasurer . Sullivan, Mayor Motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl an upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. • • • • • • Council member Lyden resolution and move its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 98-79 RESOLUTION AMENDING RESOLUTIONS 97-140 AND 97-141 TO REFLECT THE MODIFIED FUND NUMBER WHEREAS, Resolution 97-140 and 97-141 were adopted in October, 1997, and WHEREAS, the transfer was approved to The Town Center Fund #431, and WHEREAS, the Town Center Fund was divided into three funds in December, 1997, and WHEREAS, the new Infrastructure Fund became #433. NOW THEREFORE BE IT RESOLVED, that the City Council of Lino Lakes amends Resolution 97-140 and 97-141 to state the transfer is to Fund 433 - Infrastructure instead of Fund 431 - Town Center Adopted by the City Council of Lino Lakes this 8th d Maril n G. Aerson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: Council member Bergeson resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-80 introduced the following • RESOLUTION APPROVING ANNUAL TRANSFERS FROM TAX INCREMENT FUND 1-7 TO AREA & UNIT FUND, CLOSED BOND FUND AND SURFACE WATER MANAGEMENT FUND FOR ASSESSMENT PAYMENTS FOR RICE INDUSTRIES WHEREAS, T.I.F. assistance was given to Rice Industries for assessments, and WHEREAS, assessments owed to the City are to be paid with tax increments received, and WHEREAS, the City Tax Increment attorney has suggested an assessment schedule based on the estimated term of the district, and WHEREAS, the City has developed the assessment schedule with a 10% interest rate, and WHEREAS, the schedule may be altered as increment is received. NOW THEREFORE BE IT RESOLVED, that the attached assessment schedule transfer be approved. Adopted by the City Council of Lino Lakes this Marilin G. Anderson, Clerk Treasurer th d Ki • - . �'r livan - Mayor The motion for the adoption of the foregoing resolution was duly seconded by council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Lyden, Sullivan. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: • • • Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota was duly held at the City Hall in Lino Lakes on Monday, the 8th day of June, 1998, at 6:30 o'clock P.M. RESOLUTION NO. 98 - 81 The following councilmembers were present: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following were absent: none. Councilmember Lyden following resolution and moved its adoption: introduced the RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MOLIN CONCRETE PRODUCTS PROJECT) SERIES 1998 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against the same: none. whereupon said resolution was declared duly passed and adopted. 921019.2 RESOLUTION NO. 98-81 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MOLIN CONCRETE PRODUCTS COMPANY PROJECT) SERIES 1998 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota (the "Issuer"), as follows: 1. The Issuer has received a proposal from Molin Concrete Products, a Minnesota corporation (the "Company") that the Issuer undertake to finance a certain Project as herein described, pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), through issuance by the Issuer of its $3,000,000 Industrial Development Revenue Bonds (Molin Concrete Products Company Project) Series 1998 (the "Bonds"). 2. It is proposed that, pursuant to a Loan Agreement dated as of June 1, 1998, between the Issuer and the Company (the "Loan Agreement"), the Issuer loan the proceeds of the Bonds to the Company to finance a portion of the costs of the construction and equipping of an approximately 16,000 square foot building and an approximately 1600 square foot building at the Company's existing manufacturing facility at 415 Lilac Street, Lino Lakes, Minnesota the "Project"). The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the Issuer assign its rights to the basic payments and certain other rights under the Loan Agreement to Norwest Bank Minnesota, National Association in Minneapolis, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as of June 1, 1998 (the "Indenture"). Payment of the Bonds is initially secured by an irrevocable Letter of Credit to be issued by Norwest Bank Minnesota, National Association in favor of the Trustee in an amount equal to the principal amount of the Bonds plus certain additional interest and premium, if any, thereon. The Bonds are intended to be privately placed with accredited investors by Norwest Bank Minnesota, National Association (the "Placement Agent"), pursuant to a Placement Memorandum (the "Memorandum") and in accordance with a Bond Placement Agreement among the Issuer, the Company and the Placement Agent (the "Placement Agreement"). 3. Forms of the following documents have been presented to the Issuer and are proposed to be executed by the Issuer in connection with issuance of the Bonds: (a) The Loan Agreement (b) The Indenture (c) The Placement Agreement 921019.2 2 • • • • • • The use of the Memorandum is hereby authorized, but the Issuer has not participated in the preparation of or reviewed, and will not participate in the preparation of or review, the Memorandum and has not made and will not make any independent investigation of the facts and statements provided therein; accordingly, the Issuer assumes no responsibility with respect thereto, including without limitation as to matters relating to the accuracy, completeness or sufficiency of the Memorandum. 4. It is hereby found, determined and declared that: (a) it is desirable that the Bonds be issued by the Issuer upon the terms set forth in the Indenture; (b) under the provisions of Minnesota Statutes, Section 469.162, and as provided in the Loan Agreement and Indenture, the Bonds shall be and constitute only a special and limited revenue obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to the Agreement and the Indenture; the Bonds shall never constitute an indebtedness, a moral or general obligation or a loan of the credit of the Issuer or a charge, lien or encumbrance, legal or equitable, against the Issuer's property, general credit or taxing powers; and no holder of any Bonds shall ever have the right to compel any exercise by the Issuer of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the Issuer except the interests of the Issuer in the Loan Agreement which have been assigned to the Trustee under the Indenture. 5. The Loan Agreement, Indenture and Placement Agreement are hereby authorized to be executed in the name and on behalf of the Issuer by the Mayor and City Clerk -Treasurer at such time, if any, as they in their discretion may deem appropriate. Any other documents and certificates necessary in connection with the issuance of the Bonds are similarly authorized to be executed and delivered by the appropriate Issuer officers. 6. The issuance of the Bonds in the form and upon the terms, including interest rate and maturity, set forth in the Indenture is hereby authorized. The offer of the Placement Agent to place the Bonds for sale with institutional "accredited investors" at par, is hereby accepted. 7. The officers of the Issuer are authorized to prepare and furnish to the Placement Agent certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to 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 Issuer as to the truth of all statements contained therein. 921019.2 3 8. 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 Issuer officials authorized herein to execute said documents prior to their execution; and said Issuer officials are hereby authorized to approve said changes on behalf of the Issuer. The execution of any instrument by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or City Clerk -Treasurer, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or Acting City Clerk -Treasurer, reectively. PASSED AND ADOPTED BY .HE C _Y C.UN m OF THE CITY OF LINO LAKES, MINNESOTA, THIS 8th D Y ATTEST: �Cit Clerk 921019.2 4 • • • • Council Member Lyden adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98 -Z RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR DRAINAGE, UTILITY AND STORMWATER PONDING FROM THE TRUST OF RAYMOND J. MILLER FOR THE WARE ROAD STREET RECONSTRUCTION PROJECT WHEREAS, the Perpetual Easement for drainage, utility and storm water ponding is required to allow for the completion of the Ware Road reconstruction project NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the Perpetual Easement for Drainage, Utility and Storm Water Ponding from the trust of Raymond. J. Miller. 2. To authorize payment for said easement in theaof $1.00 Adopted by the Lino Lakes City Counci thi : - (1) ay o e, 1998. ,i_0s i- A/7 /a Mr Anderson, Clerk -Treasurer . Sullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. 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 June 8, 1998. I�la�ilyri (.Anderson, Clerk -Treasurer Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98-83 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - WEST SHADOW LAKE DRIVE CULVERT REPLACEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of the West Shadow Lake Drive Culvert Replacement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Forest Lake Contracting, Inc. CCS Contracting S. R. Weidema F. F Jedlicki Ro-So Contracting Bid Amount $28,297.00 $32,154.50 $36,892.85 $39,101.00 $39,440.00 AND WHEREAS, it appears that Forest Lake Contracting, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Forest Lake Contracting, Inc., 14777 Lake Drive, Forest Lake MN 55025, in the name of the City of Lino Lakes for the construction of the West Shadow Lake Drive Culvert Replacement Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. • • • • • • West Shadow Lake Culvert Award Page 2 Adopted by the Lino Lakes City Council th �'L/ R`i t l i ova M ilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. Council Member Dahl its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98 - 84 RESOLUTION APPROVING THE INFLOW/INFILTRATION CONTROL PROGRAM LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND LINO LAKES WHEREAS, the Metropolitan Council has allocated funds to the City of Lino Lakes to assist funding a project to reduce inflow and infiltration into the sanitary sewer system, AND WHEREAS, the City of Lino Lakes has implemented a project to reduce inflow and infiltration into the sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. do hereby approve and direct Mayor to sign the Inflow/Infiltration Control Program Loan Agreement between the Metropolitan Council andso Lakes Adopted by the Lino Lakes City Council this 8th •,. of :47 •• 8. 7A. Ki Mariln G. Anderson, Clerk -Treasurer an, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. • • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98- 85 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE OTTER LAKE ROAD REALIGNMENT. WHEREAS, a resolution of the Lino Lakes City Council adopted the 13th day of May, 1996 fixed a date for a Council hearing on the proposed improvement and, WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 10th day of June, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, pursuant to resolution passed by the City Council the City Engineer has prepared plans and specifications for the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for the bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that the bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Tuesday, July 21, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, July 27, 1998 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the 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 Council of the City of Lino L. k_. this 8 y of June, 1998. Mar Kim Marlyn G. Anderson, Clerk -Treasurer an, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. 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 June 8, 1998. - C Marilyn G. Anderson, Clerk -Treasurer • • • • • Council Member Bergeson its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98 - 86 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH ANOKA COUNTY, OTTER LAKE ROAD REALIGNMENT PROJECT WHEREAS, the City of Lino Lakes desires to administer the Otter Lake Road Realignment Project in accordance with the Joint Powers Agreement of Construction of Realigned Otter Lake Road from Cedar Street to Main Street, AND WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. the Joint Powers Agreement, Anoka County Contract No. 960537, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to sign said agreement. Adopted by the Lino Lakes City Council thi aiart Mar ilnderson Clerk -Treasurer attielu,46/1,Y elf21 8th Aof Lk.Jun-_�:98. Ki �'• - Ilivan, Mayor 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 favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 87 RESOLUTION APPROVING PAYMENT 1 (final) - LAKES ADDITION SANITARY SEWER REHABILITATION PROJECT WHEREAS, the construction of the Lakes Addition Sanitary Sewer Rehabilitation Project has been completed by Visu-Sewer Clean & Seal, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment number 1 (final) in the amount of $84,329.99 is approved for a total contract amount of $84,329.99. Adopted by the City Council this 8th day if J t, • - 19•0, IIIA v /_.1�.: L 1 Ki • - Ilivan, Mayor MarilY n 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, Lyden, Dahl, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. • • • Council Member Lyden • moved its adoption: • • introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 98 - 88 RESOLUTION APPROVING PAYMENT 5 (final) - LAURENE AVENUE LIFT STATION WHEREAS, the construction of the Laurene Avenue Lift Station Project has been completed by Great Western Corporation, and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment number 5 (final) in the amount of $1,131.90 is approved for a total contract amount of $56,595.24. Adopted by the City Council this 8th day MaYil Yn Anderson Clerk -Treasurer f Ki �'ry Su lan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Sullivan. The following voted against same: none. Bergeson, Dahl, Lyden, Neal, Whereupon said resolution was declared passed and adopted.