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HomeMy WebLinkAbout12/21/1998 Council Minutes• • • COUNCIL MINUTES December 21,1998 CITY OF LINO LAKES MINUTES DATE : December 21, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 8:38 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden (Lyden was excused at 7:25), Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, Dave Pecchia; Administration Director, Dan Tesch; Acting City Attorney, Barry Sullivan; City Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; City Planner, Jeff Smyser (part); Financial Analyst, Daryl Sulander (part); Community Development Coordinator, Mary Alice Divine (part); and City Clerk -Treasurer Marilyn Anderson SETTING THE AGENDA Ms. Wyland removed Item 5F, Consideration of Final Plat, Holly Estates from the agenda. Mr. Tesch added Item 9A, Consideration of Contract for New Administrator. The agenda was approved as amended. CONSENT AGENDA Mayor Sullivan removed the December 9, 1998, minutes from the Consent Agenda. Council Member Neal moved to approve the amended Consent Agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: August 24, 1998 Approved October 26, 1998 Approved November 18, 1998 Approved November 23, 1998 Approved November 30, 1998 Approved COUNCIL MINUTES December 21, 1998 DISBURSEMENTS: December 14, 1998 (Check No. 53443 - 53554, $1,930,624.59) Approved Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No one appeared for open mike. Mayor Sullivan clarified that the regular business of the City Council normally takes place at a regular Council meeting. However, there are times when City business cannot wait and a special meeting is set. The law requires that the City give 72 hour notice of special meetings. To comply with this law, additional (special) meetings are posted on the door of City Hall. Public access to regularly scheduled meetings is available for residents that have cable TV on their street. Any resident who would like a notice of special meetings should give the City Clerk their name and address. A notice will be mailed to them when a notice is posted on the door of City Hall. Mayor Sullivan announced that Fairview Hospital is going to hold a community health clinic in Lino Lakes. Seventy five to 100 residents will be interviewed about what type of health programming they feel is needed in the community. Early childhood and senior citizen health needs will be a focus. Mayor Sullivan thanked Council Member Neal and Sergeant Bill Hammes for putting together toys and food for those in need throughout the community. Council Member Neal noted the Centennial Fire Department and the Lino Lakes Police Department helped distribute the toys and food. Approximately 150 volunteers helped. One truck load of toys and two (2) tons of food were distributed. Council Member Lyden requested the opportunity to speak about the minutes. Mayor Sullivan suggested a discussion regarding the minutes be held at the next Council work session. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of Renewal of Recording Secretary Service Agreement (TimeSavers) for 1999 - Mr. Tesch explained that the City contracted with TimeSavers Off -Site Secretarial, Inc., in 1994 to record and transcribe minutes for the Planning and Zoning Board. The purpose for using an off-site service was to free time for the Planning Coordinator to deal with landowner requests and work with consultants developing the Comprehensive Land Use Plan for the City. Beginning in January, 1997, TimeSavers began providing minute transcription for the City 2 • COUNCIL MINUTES December 21, 1998 Council and the Charter Commission. Beginning in January, 1998, TimeSavers began providing minute transcription for the Park Board. All City staff have expressed their satisfaction with the quality of the minutes. In addition to providing quality service, minutes are completed in a timely manner so that they can be approved at the next regular meeting of the Council, Board or Commission. The Recording Secretarial Service Agreement is exactly the same as the 1998 Agreement with the exception of the date. Mr. Hawkins has reviewed the Agreement and has provided comment that the Agreement is proper and can be executed by the Mayor and City Clerk -Treasurer upon approval by the City Council. Staff recommended Council approve the Agreement with TimeSavers Off -Site Secretarial, Inc. Council Member Lyden moved to approve the Agreement with TimeSavers Off -Site Secretarial, Inc., as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of 1998 Budget Amendments, Daryl Sulander - Mr. Sulander stated the 1998 General Fund Budget was adopted on December 15, 1997, with revenue balanced with expenditures in the amount of $4,866,100. • The General Fund operations for 1998 have varied from budgeted estimates due to personnel restructuring, storm damages and higher than budgeted building/construction activity. The proposed budget amendment resolution recognizes $463,459 of additional revenue and $273,018 of additional expenditures during 1998. The balance of $190,441 in additional revenue will be placed inthe General Fund reserves. The additional revenue will be designed after final 1998 accounting records are available. Staff recommended Council adopt Resolution No. 98 -167. Mayor Sullivan questioned whether changes would eliminate overages in the future. Council Member Neal moved to adopt Resolution No. 98 -167, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 -167 can be found at the end of these minutes. Consideration of City Investment Policy Amendment - Mr. Sulander stated that the City Investment Policy currently designates the "Finance Director" as the investment officer. As this position no longer exists, the policy should be updated to reflect the restructuring of the Finance Department. • COUNCIL MINUTES December 21, 1998 The policy can be amended to empower the investment officer through the assigned job description, currently the "Financial Analyst" job description, and eliminate the need for future amendments based on job title changes. Staff recommended Council adopt Resolution No. 98 - 178. Council Member Bergeson moved to adopt Resolution No. 98 - 178, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 178 can be found at the end of these minutes. Consideration of Depositories for 1999 - Mr. Tesch stated that due to a death in his family he was unable to prepare this item. He asked that the item be tabled until the next Council meeting. Council Member Bergeson moved to table Item 3C, Consideration of Depositories for 1999, until the next regular Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Legal Newspaper for 1999 - Mr. Tesch referred to a request from the Quad Community Press to be the official newspaper for the City of Lino Lakes, along with a rate quote. The purpose of an official newspaper is to provide a reliable location for publishing legal notices, as well as to keep as many citizens appraised of City activities as possible - i.e. widest circulation. Staff recommended Council designate the Quad Press as the City's official newspaper. Mr. Tesch was asked if the City advertised for bids. He explained that the City has not advertise in the past. Newspapers in the area send the City a request to be appointed the legal newspaper accompanied by an explanation of their rates and areas of coverage. Mr. Sullivan noted a posted bidding process is not required. Council Member Lyden stated that whether it is the law or not, it is the best practice to notify all papers about the bidding process. He suggested this issue be further discussed. Mr. John Bartunek, Director of Press Publications and a four (4) year resident of Lino Lakes, thanked the City for its past business. He stated the Press focuses on coverage and on circulation. Mr. Bartunek was told that there have been numerous complaints about circulation of the Quad Press. Delivery of the paper is very erratic. Mr. Bartunek said he would investigate the problem after this meeting. Council Member Neal moved to designate the Quad Press as the City's official newspaper. Council Member Dahl seconded the motion. Motion carried unanimously. 4 • • COUNCIL MINUTES December 21, 1998 Consideration of 1999 Pay Program and Adjustment for Non -Union Employees - Mr. Tesch presented a copy of both the 1998 Pay Program and the Proposed 1999 Pay Program.. He explained that each year the Council is asked to consider adjustments to the City's Pay Program. The adjustments include adoption of the Hay Study Job Value Points as the backbone of the Pay Program, range and point adjustments to certain positions during this summer's restructuring and the addition of new employees to the program. Those changes can be tracked in the Pay Program and have been made in consultation with our labor relations consultants (LRA). Adoption of this year's program includes a staff recommendation to adjust non-union salaries by 3% consistent with other employee group increases. This Program also maintains the City's pay equity compliance, per State Statute. Staff recommended adoption of the 1999 Pay Program. Council Member Bergeson moved to adopt the 1999 Pay Program and non-union employee adjustments, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SERVICES REPORT, RICK DEGARDNER (No Report) COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL Consideration of Livable Communities Participation/Goals, Brian Wessel - Mr. Smyser stated that at the last work session, the Council directed staff to confer with the Metropolitan Council staff on the proposed Livable Community goals. Staff presented the goals the City Council felt comfortable with. Met Council staff is also comfortable with the more realistic goals proposed by the City Council. This includes an 85/15% owner/rental mix and a 65% affordability goal for owner -occupied housing. Life cycle goals include a total of 508 units with 268 of them identified as rental. The rental goals are compatible with what is proposed for the Town Center. Thirty-two of all new rental units would be "affordable" to meet the goal by the year 2010. Mr. Smyser stated previously the goals were 68% affordability and life cycle owner/rental mix was 75/25%. Mr. Smyser noted that the goals apply only to new units constructed in the future. That is, the existing housing units are not to be included in the calculations for comparing progress to the long-term goals. Mr. Smyser referred to a memo that gives additional background on the Livable Communities program, including a breakdown of what the goals mean in terms of actual housing units. Staff is recommending adoption of two (2) resolutions by the Council. The first is a resolution electing to continue participation in the Livable Communities Program. The second resolution will adopt the goals proposed by the City Council. Continued participation in the Livable Communities program allows the City to continue several important planning and economic COUNCIL MINUTES December 21, 1998 development projects. A letter from the Metropolitan Council states that the City will have the opportunity to adjust the goals as time goes on and better data is available. Council Member Lyden excused himself at 7:25 p.m. Mr. Smyser recapped and summarize the program. The Livable Communities Act was passed by the Minnesota Legislature in 1995. The law provides funding to promote the purposes of the act, which includes cleaning up polluted land, creating examples of compact, efficient development, and providing diverse housing options. The Act describes how these funds are to be managed by the Metropolitan Council. In order to be eligible for funding, a city must participate in the Livable Communities Program and must confirm participation annually. The City also must agree to work toward promoting a greater variety of housing. To provide some sort of indication of progress, the City is required to set long-range goals including housing affordability, life cycle housing, and development density. The goals relate to new housing units to be built in the city. As a result of Lino Lakes previous participation in the Livable Communities program, the City received a $220,000 grant for The Village. This funding, and future potential funding through this and other programs, is contingent upon continued participation in the program. In addition, continued participation in the Livable Communities Program allows the City to continue current planning efforts in The Village and the larger Town Center area. Mr. Smyser explained this is a major economic development initiative in the City. Staff recommended adoption of Resolution No. 98 - 174 and Resolution No. 98 - 175. Mr. Smyser was asked about the goals in the draft Comprehensive Plan which were prepared a year ago. He explained that those goals will be updated and included in the Plan with a cover letter. The new goals are based on market conditions and are more realistic. It was noted that the 2010 population projection is based on 2.3 units per acre. Mr. Smyser explained that this does not include acres that are put into permanent preservation. Only acres that can be developed are counted. Council Member Neal explained his concern regarding low income rental units. He was told the rental goals are 32 new affordable units by the year 2010. However, affordability does not mean low income. Council Member Neal stated he wanted the goals to be outlined in the Comprehensive Plan. He asked about if the Tagg property was proposed for townhouses and apartments. He was told that approximate area is planned for higher density housing as part of the Comprehensive Plan. Council Member Neal stated he needed several things documented and in writing this evening. Ms. Wyland and Mr. Wessel reviewed his questions and Mr. Smyser documented the information. 6 • COUNCIL MINUTES December 21, 1998 Density was discussed. Ms. Wyland defined high, medium and low density as follows: high density is nine (9) or more units per acre, medium density is four (4) to eight (8) units per acre and low density is one (1) to four (4) units per acre. Although nine (9) units per acre is average for high density, the Lino Lakes goal is 10-12 units per acre which will limit the size of the units. There are no apartment designations in the Comprehensive Plan. The only designation is high/medium/low density. There is no designation for income related to high/medium/low density housing. In the Livable Communities Program, 15% of renter mix is to be obtained by 2010, which for Lino Lakes would be 268 units. It is expected that most of these units will be in the Town Center. Mr. Wessel referred to a map and located the proposed higher density area within the Town Center in two (2) other areas of the City. The high density area on the west side of the City is the Tagg property. It was noted that 600 units are estimated for high density. Each area designated for high density will have approximately 200 units. Council Member Bergeson complimented staff for the working with the Metropolitan Council. He noted that initially, the goals were higher. Because staff negotiated with the Met Council, the goals are far more reasonable. Although no one can predict how the goals will compare to actual construction, it is important that the Comprehensive Plan does not conflict with these goals. The market will determine what gets built. 1111 Mayor Sullivan added that the goals are for 2010. Some areas will not be developed until 2020. Council Member Neal moved to adopt Resolution No. 98 - 174, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl voting no. Council Member Bergeson moved to adopt Resolution No. 98 - 175, as presented. Council Member Neal seconded the motion. Mayor Sullivan summarized as follows: a Livable Communities grant is paying for community development research in the Town Center. It is very important that the Town Center be put together well. This area proposed for commercial development has been indicated as very important to citizens through the 20/20 Vision project. Participation in the Livable Communities program helps the City prepare for that development. It is also a high priority within the City to maintain open space. The grant will fund a group that is dedicated to preserving open space and to work with developers planning new developments. To qualify for the grant, the City has to identify goals and commit to participating in the program. To meet the goals, the City must build 508 attached units of which 268 are rental units, and 32 are affordable units. The goals are in alignment with the 20/20 Vision project and the Comprehensive Plan. The grant will also help fund development of new trails. Council Member Bergeson stated the amount of the grant for the Town Center is $220,000. It • will enable the City to involve world class planners in the planning process. The Town Center COUNCIL MINUTES December 21, 1998 will end up as a first class center. The City has no other funds to provide this planning effort. It is important for the community, therefore, the City must participate in the program. Motion carried with Council Member Dahl voting no. Resolutions No. 98 - 174 and No. 98 - 175 can be found at the end of these minutes. Consideration of Site Plan Review for Addition to Club House, Chomonix Golf Course, 646 Sandpiper Drive, Mary Kay Wyland - Ms. Wyland stated that Anoka County is requesting a site plan review to allow the construction of a 40 foot by 45 foot banquet room addition to the west side of the existing Chomonix Golf Course club house and a 15 foot by 38 foot office/mechanical room on the east side of the club house. The existing building is approximately 45 feet by 75 feet. The banquet room will be designed to accommodate post - tournament events during playing season and ski related events and community uses during the off-season. No cooking facilities are planned at this time, however, serving space for foods that are pre -prepared will be provided. There was some discussion concerning the provision of a full restaurant but County staff determined that was not possible at this time. The banquet facility will not be rented to the public during the golf season. This facility will only be available during the winter months. The property is Zoned Public/Semi-Public (PSP) and a golf course is listed as a permitted use. According to the City's Zoning Ordinance "...all site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review by the Planning and Zoning Board and approval by the City Council". Staff has determined that the site plan review meets the requirements of the Zoning Ordinance. The proposed addition will be aesthetically compatible with the existing buildings on the golf course. The proposed expansion will match the existing architectural design of the present club house. No additional parking space will be required nor will the existing parking area be disturbed with the planned expansion. Parking space requirements including handicapped parking already meet the Zoning Ordinance. The City Engineer has reviewed the development proposal and has indicated no objections to the request. The County has indicated that existing plantings will be moved and replaced following construction. Staff has requested that a landscape plan be prepared. It will be reviewed and approved by the City Forester. Ms. Wyland stated there are numerous different locations for a septic system repair or relocation. The applicant has indicated lighting will be minimal and similar to lighting used in the past. The lighting plan will be subject to approval by staff. The Planning and Zoning Board recommended approval with six (6) votes for approval and one abstained. Council Member Neal moved to approve the Chomonix Golf Course, 646 Sandpiper Drive, Site Plan Review, based on the following conditions: 8 • COUNCIL MINUTES December 21,1998 1. Proper building permits are obtained prior to construction and construction meet all requirements of the Uniform Building Code. 2. Drainage and utility plans are subject to the review and approval of the City Engineer. 3. Existing plantings are replaced and/or a landscaping plan is provided subject to the review and approval of the City Forester. 4. A lighting plan be provided indicating all exterior lighting and subject to City review and approval. 5. The existing drainfield and septic system be adequately sized to handle the intended expansion subject to the review of the building official. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Site Plan Review, Addition to Existing Facility, Construction Laborers Training Facility, 2350 Main Street, Mary Kay Wyland - Ms. Wyland stated the Construction Laborers Education, Apprenticeship & Training fund of Minnesota and North Dakota would like to add an 18,000 +/- square foot addition to their existing building at 2350 Main Street. The addition would include a training bay, three (3) classrooms, welding storage, bathrooms, a lunch • room area and district offices. The original facility was approved by the City in the fall of 1993. The property is Zoned Light Industrial (LI), and indicated as commercial/industrial on the land use map (both current and proposed). The parcel of property is approximately 20 acres in size and will be served by City utilities in the spring of 1999. That schedule coincides with the Training Center's construction plans and their need to connect to public utilities as the facility will require sprinkling. • The proposed construction is intended to match the existing building with rock faced concrete block and metal roofing. The parking area will be expanded to provide an additional 47 spaces for a total of 109. The Zoning Ordinance provides for one space per classroom and one space per seven (7) students. There are a total of five (5) classrooms and five (5) offices. The parking area provided is adequate for the facility. Lighting will be subject to review by the CPTED Officer. The proposed addition is planned for the south/east side of the existing facility, therefore, additional landscaping is not required at this time. RCWD permits are in process. Detailed drainage and utility plans have not been submitted. Staff would require this detail prior to issuance of any building permits. Compliance to the conditions of approval will be monitored and documented by the Building Inspections Department. The Planning and Zoning Board unanimously recommended approval of this site plan review. Mr. Fred Chase, a representative from Laborers Training Center was present to answer questions from the City Council. COUNCIL MINUTES December 21,1998 Council Member Neal complimented the Unions for the school. He has heard that the training center is exceptional. Everyone connected with the facility is enthusiastic about it. He stated his support of the addition. Mr. Wessel added the Economic Development Department is very appreciative of the school. The school has been a good neighbor and very easy to work with. Council Member Neal moved to approve Site Plan Review, 2350 Main Street, Laborers Training Center, based on the following conditions: 1. Proper building permits be obtained prior to construction. This will include review by both the building official and the Fire Chief for compliance with State Code. 2. Drainage and utility plans shall be reviewed and approved by the City Engineer. 3. Permits are obtained from the Rice Creek Watershed District prior to issuance of any building permits. 4. The parking area shall be paved and concrete curb and gutter provided as required by City Code. 5. Final building plans, including lighting, are subject to the review and recommendation of the CPTED Officer. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 -177, Awarding Telephone and Voice/Data Cabling Bids for Civic Complex, Brian Wessel - The City has advertised for bids on the voice and the data cabling, RF distribution and the telephone system for the Civic Complex. The plans and specifications for the phone system require Mitel phones to be compatible with the Centennial School District system. Bids were opened on Monday, December 14, 1998, at 9:00 a.m., at City Hall. Four (4) bids for voice and data cabling and RF distribution, and one bid for Mitel telephones were received. The bids were examined and tabulated. CableOptics was the lowest responsible bidder at $30,203.41 for voice and data cabling and Mitel was the lone bidder for the Mitel phone system at $60,142.00. A memorandum from AmeriCom, Inc., the second lowest bidder for the cabling contract was received. They stated, in their opinion, CableOptics, Inc., did not comply with the bidding instructions for the project. Specifically, they believe CableOptics did not comply with the instruction stating "Bidder must have three (3) years of experience installing structured cabling systems with two (2) hundred or more CAT3/CAT5 locations". Mr. Barry Sullivan, acting as the City Attorney, explained that the City is responsible to determine the lowest responsible bidder. The City must look beyond the name of the company. The three (3) year requirement refers to the employees doing the work for more than three (3) years. The same would apply in a situation of a bid being received from an incompetent company with a good name. The City has the 10 • • • COUNCIL MINUTES December 21, 1998 authority and obligation to look beyond the three (3) year requirement. In addition, CableOptics provided a list of references and letters of recommendations. The references were contacted and a good report was received. Staff and Mr. Sullivan agreed that CableOptics meets the bidding requirement. Staff recommended Council adopt Resolution No. 98 -177. Council Member Neal moved to adopt Resolution No. 98 - 177, as presented. Council Member Dahl seconded the motion. Motion carried with Mayor Sullivan voting no. Resolution No. 98 -177 can be found at the end of these minutes. Consideration of Livable Communities Contract with Brauer & Associates, Mary Alice Divine - The Town Center is in the process of being "replanned" using Livable Communities Demonstration Account funds. A proposal from Brauer and Associates has been requested to provide a detailed natural resources inventory and assistance in park, trail and open space planning for The Village and the shopping center site. This planning effort must be completed if the Town Center is to become a working model of the process for conservation development. The contract with Brauer and Associates calls for natural resource mapping to be integrated into the Master Plan for the Town Center that has been prepared by Calthorpe Associates for the Town Center. Additional services may be included as budget allows to obtain Brauer's input in stormwater treatment and project implementation. Currently, Brauer and Associates are developing a Natural Resources Inventory and Management Plan for the entire City. This Plan includes a natural resources map which will used as a base for the entire City. The new contract will include a more detailed map of the Town Center and shopping center area. The Comprehensive Plan has been developed to ensure responsible development and prevent destruction of natural resources. It has been demonstrated through a model housing development that development can occur using natural resources conservation. The new contract with Brauer and Associates will provide further assurances that the City is complying with the provisions of the Comprehensive Plan. Staff recommended approval of the contract with Brauer and Associates. Council Member Bergeson moved to approve the contract with Brauer and Associates for a natural resources inventory for the Town Center, as presented, subject to review by the City Attorney. Council Member Neal seconded the motion. Motion carried with Council Member Dahl voting no. Consideration of Final Plat, Holly Estates, Mary Kay Wyland - Upon adoption of the agenda, this item was deleted. COUNCIL MINUTES December 21, 1998 Consideration of Resolution No. 98 - 179, Assessment Policy Amendment - Mr. Powell stated the current Public Improvement Financing Policy was adopted on June 11, 1990. Section 5.1 of the Policy includes what is commonly referred to as the "Bisel Amendment" which states the following: "When a sewer and water main is constructed adjacent to existing developed residential lots (with a home, well, and septic system) and the lot cannot be subdivided into smaller parcels, the front footage and area charges shall be based on the minimum front footage of each zoning district the mains are to serve." In other words, if a property owner wants to connect to City utilities and has a large lot which cannot be subdivided, the assessment computation is to be based on a typical residential lot size. This reduces the assessment cost to the property owner as the lot front footage and area are used as a basis for determining the assessment. This policy has worked well for those property owners whose lots cannot be subdivided. Some property owners with larger parcels have also indicated a desire to connect to City utilities but could not afford the assessment as their lots could at some time be subdivided. To address this concern, staff is proposing the following paragraph be added to Section 5.1 of the Public Improvement Financing Policy: "When a sewer and water main is constructed adjacent to existing developed residential lots (with a home, well, and septic system) and the lot can be subdivided into smaller parcels, an assessment for the front footage and area charges based on the minimum front footage of each zoning district the mains are to serve shall be due upon connection to the mains. The assessment for the remainder of the property will be deferred until such time as the property is subdivided." This change would allow these property owners to connect to utilities, if desired, for a more reasonable cost, but would still allow the City to recover assessments on the remainder of the property when it is subdivided. Mr. Paul Montain, Charter Commission Chairman, was notified of this proposed amendment to the Assessment Policy. Mr. Powell indicated that he had spoken with Mr. Montain and he had no objection to the amendment. Mr. Montain will bring the issue to the next Charter Commission meeting. Staff recommended Council adopt Resolution No. 98 - 179. Council Member Neal moved to approve Resolution No. 98 - 179, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 179 can be found at the end of these minutes. Consideration of Modification of an Assessment Agreement for F & G, Inc. - In 1997, the EDA entered into a development agreement for financial assistance with F & G, Inc. regarding a project within TIF District No. 1-7 in the Apollo Business Park. The agreement called for the 12 • • COUNCIL MINUTES December 21, 1998 construction of two (2) buildings in 1997 and a third in 1998. The original assessment agreement, which sets the minimum market value for the project, included the first two (2) buildings. The third building is now complete and a modified assessment agreement must be completed to reflect the increase in value. This modified agreement should be completed before January 2, 1999, for taxes payable in 2000. Staff recommended Council adopt Resolution No. 98 - 180. Council Member Neal moved to adopt Resolution No. 98 -180, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PUBLIC SAFETY REPORT, DAVID PECCHIA Consideration of County Wide Police Records System Joint Powers Agreement - Mr. Pecchia stated that Law Enforcement agencies of Anoka County are pooling resources to provide a County -wide Records System. The Anoka County Attorney's Office has completed the necessary paperwork, including the Joint Powers Agreement and the Records Management Agreement. Mr. Pecchia provided cost estimates for the entire system and indicated the approximate cost for the City of Lino Lakes would be $14,342 to be paid in four (4) year increments. There will be additional costs for equipment and maintenance. He noted the current records system is outdated and will not be supported beginning January 1, 1999. The cost of transferring current records to the new system are being explored. All existing records will be transferred. Certain personnel in the Police Department will try to convert current data. Council Member Dahl moved to approve the County Wide Police Records System Joint Powers Agreement, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Update, 1998 Storms Funding - Mr. Pecchia stated the damage costs incurred for the storms on May 15 and June 26, 1998, will total $423,604. The administrative costs allowed by FEMA total $9,472, for a grand total of $433.076. The Federal Disaster Grant Funding will reimburse the City $327,175. State matching funds will reimburse the City $63,540 later in 1999, after the Legislature appropriates the funding. The remaining costs of $42,361 are left for the City to cover from local resources. The storm costs have been or will be paid by the City from reserve balances. Requests for reimbursement have been filed with the State and Federal agencies to recover their pro -rata share based on the disaster aid grants. Through November 30, 1998, the City has paid for storm costs of $237,037 and been reimbursed $183,025 by FEMA. • The City will join other communities in asking the Legislature to cover the local share of the storm costs. 13 COUNCIL MINUTES December 21, 1998 Mayor Sullivan stated Mr. Pecchia did a great job of pursuing funds to cover the costs. Consideration of Resolution No. 98 - 176, Accepting Donation from the Minnesota Department of Public Safety, COP Grant - Mr. Pecchia stated effective January 1, 1999, until September 30, 1999, the Police Department received a grant of $5,000 to pay for overtime costs associated with the Department's Bike Patrol, Curfew Sweep, and Neighborhood Watch programs. Mr. Pecchia asked the Council to adopt Resolution No. 98 - 176, accepting the grant on behalf of the City of Lino Lakes and the Lino Lakes Police Department. Council Member Neal moved to adopt Resolution No. 98 - 176, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 176 can be found at the end of these minutes. CITY ATTORNEY'S REPORT, BARRY SULLIVAN Consideration of Conveyance of Land from the City of Lino Lakes to the Economic Development Authority - Mr. Sullivan stated as part of the effort to acquire title to the property known as the Reiling development and the adjacent abandoned road right-of-ways, the City has received a deed from Anoka County which conveys a portion of this land to the City of Lino Lakes. Since the City is acquiring all of this land in the name of the Economic Development Authority (EDA), it is necessary for the City to convey the property to the EDA. This action creates a four (4) acre commercial parcel that can be developed and added to the tax base. Council Member Neal moved to authorize the conveyance of the property to the EDA. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Consideration of Contract for New City Administrator - Mr. Tesch stated the Council voted unanimously to hire Ms. Linda Waite Smith to fill the City Administrator position effective December 30, 1998. Mr. Tesch and PDI negotiated a contract including goals that were established by Council, with Ms. Waite Smith. Mr. Tesch briefly reviewed the terms of the contract. The contract has been reviewed and approved by the City Attorney. Compensation, the probationary period and pay adjustments following a successful probationary period were discussed. Council Member Bergeson moved to approve the employment agreement for the new City Administrator, as presented. Council Member Dahl seconded the motion. 14 • • COUNCIL MINUTES December 21, 1998 Mayor Sullivan thanked Mr. Pecchia for the last year of service and Mr. Tesch for back up service. She thanked them for keeping the City going. Motion carried unanimously. Council Member Bergeson suggested the City give Mr. Pecchia and Mrs. Tesch formal recognition of their services. MINUTES Council Member Dahl stated she thought the minutes would not be considered until the end of this agenda. She did not want to vote for approval without discussing them. Council Member Dahl was told that the minutes were voted on under the Consent Agenda. The minutes are always on the Consent Agenda unless moved to New Business where they can be discussed and/or amended. Council Member Dahl stated she received the amended minutes on Friday, December 18, 1998, and did not have a chance to read them thoroughly. She indicated she would like to discuss the minutes and make changes to the minutes that were approved earlier this evening. Mayor Sullivan clarified minutes on Agenda No. 1A1 through 1A5 were approved. Minutes No. 1A6 were removed and minutes No. 1A7 were not in the packets. She added that Council Member Lyden requested that the minutes in general be discussed at the next work session. Council Member Dahl stated she would like to rescind her vote. She stated she would like to discuss and amend the minutes before approval. Mr. Sullivan stated the vote cannot be changed. The approved minutes can be re -opened and discussed at the next work session. If the discussion does not take care of all concerns, a formal action needs to be taken to reconsider the minutes. The Council, as a group, must decide to amend the minutes. Minutes will be discussed at the next work session. Council Member Dahl stated for the record that she would like to rescind her vote and discuss and make changes to the minutes at the next work session. COMMUNITY CALENDAR DECEMBER 22, 1998 THROUGH JANUARY 11, 1999 City Hall Closed for Christmas Holiday, Thursday and Friday, December 24 and 25, 1998 City Hall Closed for the Holiday, Thursday and Friday, December 31, 1998, and January 1, 1999 • Park Board, Monday, January 4, 1999, 6:30 p.m. COUNCIL MINUTES December 21, 1998 Council Work Session, Wednesday, January 6, 1999, 5:30 p.m. Council Meeting, Monday, January 11, 1999, 6:30 p.m. Town Center Committee Meeting, Tuesday, January 12, 1999, 6:00 p.m. ADJOURN There being no further business, Council Member Neal moved to adjourn at 8:38 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the re: uCouncil tio, A, M ,�A4iderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 16 , January 11, 1999. berly Mayor • • • License No: 9900004 Date 11/12 1998 Licensee: SEDGWICK HEATING & AIR CONDITIONING 8910 WENTWORTH AVE SOUTH MINNEAPOLIS, MN 55420 License Expires: December 31, 1998 In accordance with provisions of the LINO LAKES Ordinance(s) the above-named licensee is granted the following license(s): License Type : CONTRACTORS LICENSE CONTRACTORS LICENSE FEE 30.00 Total Fee 30.00 - NOT TRANSFERRABLE - This Certificate of License is hereby issued conditioned that said licensee shall comply with all the requirements set forth in the the City Ordinances, pertinent Building Codes, and the laws of the State of Minnesota. A License issued under this Certificate may be suspended or revoked for violations thereof. MARILYN G ANDERSON City Clerk ( S E A L ) Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 167 RESOLUTION AMENDING THE 1998 GENERAL FUND BUDGET WHEREAS, the 1998 budget has not been amended for personnel cost adjustments for the departmental reorganization, and WHEREAS, the General Fund Budget Revenues should be amended for the increase in building and related permits, administrative fees, reimbursement from state and federal agencies for storm damage, and increased state aid for police pension costs, and WHEREAS, the General Fund Budget Expenditures should be amended to record various council actions through the year for personnel changes, computer equipment and software purchases and playground equipment funded by reserves set aside from 1997 operations, and various contractual services provided for engineering, auditing, assessing and planning activities. NOW THEREFORE BE IT RESOLVED, that the following budget amendment be authorized per the attached "Schedule A": Adopted by the City Council of Lino Lakes this 2 aA.6elej. 1444/141, Marilyn G. Anderson, Clerk Treasurer The motion for the 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, Dahl, Lyden, Neal, Sullivan. The following voted .against same: none. • Where upon said resolution was.declared duly passed and adopted: (Resolutions\98 Budget Amendment) City of Lino Lakes 1998 Budget Adjustments Schedule A, Res # 98 - Personnel Reorganization Amended Budget Administration Adjustment Amount 0101-101-412 Salaries 38,961 268,889 0121-101-412 PERA (1,801) 9,877 0121-101-412 FICA 691 18,281 0121-101-412 Work Comp (141) 789 37,710 Finance 0101-101-403 Salaries (1,476) 109,220 0121-101-412 PERA (76) 5,760 0122-101-403 FICA (113) 8,659 (1,665) Community Development 0101-101-402 Salaries (23,741) 151,250 0121-101-402 PERA (1,230) 7,835 0122-101-402 FICA (1,816) 11,571 0131-101-402 Health (3,900) 11,460 0151-101-402 Work Comp (291) 1,130 (26,787) • Engineering 0101-101-416 Salaries (1,800) 76,750 0121-101-402 PERA (450) 3,620 0122-101-416 FICA (600) 5,410 (2,850) Police 0101-101-420 Salaries (23,930) 952,200 0122-101-420 FICA (1,068) 18,802 0131-101-402 Health (1,402) 106,818 0151-101-402 Work Comp (796) 29,484 (27,196) Building Inspections 0101-101-422 Salaries (580) 96,820 0121-101-422 PERA (30) 5,590 0122-101-422 FICA (45) 8,255 (655) 0101-101-450 0121-101-450 0122-101-450 0131-101-402 .151-101-402 Parks Salaries PERA FICA Health Work Comp (6,791) 236,429 (352). . 12,428 (520) 20,070 (1,050) 26,580 (195) '5;355 (8,908) • City of Lino Lakes 1998 Budget Adjustments Schedule A, Res # 98 - Revenue 3348-101 3242-101 3243-101 3244-101 3247-101 3256-101 3418-101 3421-101 0102-101-433 0121-101-433 0122-101-433 0200-101-433 0300-101-433 0321-101-433 0400-101-433 0410-101-433 0240-101-401 0310-101-412 0400-101-412 0308-101-403 0310-101-403 0400-101-403 0500-101-403 0314-101-402 0304-101-416 0400-101-416. 0400-101-422 • 0500-101-450 (Increase)/Decrease State Dept of Finance -FEMA Building Permits Plan Inspection Fees Electrical Permits Plumbing Permits HVAC Permits Admin Fees Escrow State Aid -Police Pensions sub -total Expenditures Amount (183,025) (156,000) (55,000) (16,900) (4,200) (4,400) (4,800) (39,134) Increase/(Decrease) Storm Damage Activity Salaries & Overtime PERA FICA Supplies Professional Services Telephone Contracted Services Equipment Administration Small Tools/Capital Outlay Other Consultants Contracted Services Personnel Contingency Additional Audit Costs Other Consultants Contracted Services Capital Outlay Computer Contingency (463,459) Storm #1 16,055 1,020 1,151 400 19,446 97 158,805 4,077 Storm #2 9,277 436 637 0 0 0 19,687 6,150 Community Development Livable Communities Prof Ser Municipal Engineer Contracted.Services Public Safety Contracted Services • Public Services Capital Outlay 201,051 36,187 935 36,000 25,700 (49,172) 4,950 4,500 2,093 32,662 (32,662) 10,620 8,100 8,300 16,200 • 127,828 • (127,828) NetlExpenditure oAdjustment 7.8018 General Fund Reserves 190,441 Grand Total 0 Comments Aid for Storm Damage More permits than budgeted More permits than budgeted More permits than budgeted More permits than budgeted More permits than budgeted Increased Development Activity Increased State Contribution Microphone & Tape Deck Hoff,Barry,Kruderer & Hay PDI Use Reserve Established by Res # 98-68 Tautges, Redpath Smith & Fundworks Anoka County Assessor Computer Equipment & Software Use Reserve Established by Res # 98-68 $41,088 remaining Funded by Grant TKDA TKDA Suburban Inspections(electric) Playground Equipment • Use Reserve Established by Res # 98-68 • To be designated with year end closing e • • Council Member Neal introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 98-174 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1999 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.25; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and -life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the. Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housinggoals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the.Local Housing Incentives Account Program must do so each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1998, can continue to participate under Minnesota Statutes section 473.25 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED that the City of Lino Lakes hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. Adopted by the Lino Lakes City Co ci this 21st day . ecember, 1998 ATTEST: 561 a124.4 -e9/1 Marlyn G. 'Anderson, Clerk/Treasurer , Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Neal, Sullivan. The following voted against same: Council Member Dahl voted no, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. • • • Council Member Bergeson introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 98-175 RESOLUTION ESTABLISHING LIVABLE COMMUNITY GOALS WHEREAS, the City of Lino Lakes has elected to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes has accepted the following goals for the community with the understanding that the goals will be re- examined and may be renegotiated based upon the decennial census and market conditions. • Affordability City Goals Ownership 65% Rental 25% Life Cycle Type (non -single family detached) 35% Owner/Renter Mix 85/15% Density Single Family Detached 2.3/acre Multiple Family 10-12/acre NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby adopts the above the goals outlined above wi - understanding that the goals will be re- examined and may be renegotiated based n the • - cern al census and market conditions. Adopted by the Lino Lakes City C • c � ►• 1 stT+ o ecember, 1998 ATTEST: a tlap1ti yn G. Anderson, Clerk/Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Neal, Sullivan. The following voted against same: Council Member Dahl, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. • ' a • axe"�,• • • Council Member Neal and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 98 - 176 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Lino Lakes enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing (COPS) Grants Program - Overtime during the period from January 1, 1999 through September 30, 1999. David J. Pecchia, Chief of Police is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes. I certify that the above resolution was adopted by the City Council of the City of Lino Lakes on December 1, 1998. • • afrilynG. Anderson, Clerk-Treasurer/Witness The motion for the 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, Dahl, Neal, Sullivan. The following voted against- same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. Ivan, Mayor Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-177 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR VOICE AND DATA CABLING AND TELEPHONE SYSTEM, THE CIVIC COMPLEIf WHEREAS; pursuant to an advertisement for bids for voice and data cabling, RF distribution, and telephone systems for the Civic Complex; bids were received, opened, and tabulated according to .law, .and the following bids were received -complying with the advertisemeit: Name: Amount of Bid Voice and Data Cabling/RF Distribution CableOptics, Inc. AmeriCom, Inc. A.U.S. Communications, Inc. Parallel Technologies, Inc. Mitel Telephone System $30,203.41 $32,289.94 $33,589.82 $36,520.00 Mitel Telecommunications Systems, Inc. $60,142.00 AND WHEREAS, it appears that CableOptics Inc., Brooklyn Park, Minnesota, is the lowest responsible bidder for voice and data cabling/RF distribution; and Mitel Telecommunications Systems, Inc., of Eagan, Minnesota, is the lowest responsible bidder for the telephone system; NOW THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES; MINNESOTA: 1. The Mayor and. City. Clerk arehereby authorized and directed to enter into the contracts with CableOptics, Inc. and Mitel Telecommunications Systems, Inc. in the name of the City of Lino Lakes for the Civic Complex, according to the plans and specifications therefore approved by the City Council and on file at Lino Lakes City Hall. • • Adopted by the Co Kimber ► ulliv. , 1't: yor the City of Lino Lakes this 21st day of December, 1998. Marilyn U. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and.uponvote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal. The following voted against same: Mayor Sullivan, Council Member Lyden was absent. 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 December 21, 1998. 6414"1-61--- Marilyn .G._Anderson, Clerk -Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: WHEREAS, Resolution No. WHEREAS, WHEREAS, position, and CITY OF LINO LAKES RESOLUTION NO. 98- 178 RESOLUTION AMENDING THE CITY OF LINO LAKES INVESTMENT POLICY The original investment policy was adopted per Resolution No. 29-91 and amended per 97-149, and the policy delegates authority for investment management to the Finance Director, and the Finance Director position has been abolished and replaced by the Financial Analyst WHEREAS, the responsibility for cash and investment management is defined within the job description for the Financial Analyst. NOW THEREFORE BE IT RESOLVED, by the Lino Lakes City Council that the City Investment Policy be amended to authorize "the appointed investment officer" in place of the "Finance Director". BE IT FURTHER RESOLVED by the Lino Lakes City Council that the appointed investment officer is designated by and within the job description of the Financial Analyst. Adopted by the Lino Lakes City Council this 21st day of December 19 -litc-c�Cl� Ma 1ynLL ttjiderson, Clerk -Treasurer 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, Lyden, Neal, Sullivan. The following voted against same: none Where upon said resolution was declared duly passed and'adopted: • • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-179 RESOLUTION AMENDING THE ASSESSMENT POLICY CONTAINED WITHIN THE PUBLIC IMPROVEMENT FINANCING POLICY WHEREAS, sewer and/or water mains have been installed adjacent to existing developed (home, well, and septic system) residential lots, and WHEREAS, some of said lots are large enough to be subdivided, and would therefore not qualify for an assessment based on minimum lot sizes per existing Section 5.1 of the City of Lino Lakes Public Improvement Financing Policy which was approved on June 11, 1990, and WHEREAS, some of the owners of said Tots have indicated a desire to connect to City utilities but could not afford the proposed assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, the following amendment is hereby added to Section 5.1 • of the Lino Lakes Public Improvement Financing Policy dated June 11, 1990: When a sewer and water main is constructed adjacent to existing developed residential lots (with a home, well, and septic system) and the lot can be subdivided into smaller parcels, an assessment for the front footage and area charges based on the minimum front footage of each zoning district the mains are to serve shall be due upon connection to the mains. The assessment for the remainder of the property will be deferred until such time as the property is s bdivided. (A id Irf • Adopted by the Lino Lakes City Counci Marilyn G. Anderson, Clerk -Treasurer Ki tuber; 1998. van, 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: Bergeson, Dahl; Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was duly passed -and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on December 21, 1998. 0 ,ifileit-- Marilyn G. Anderson, Clerk -Treasurer • • • Member Neal introduced the following resolution and moved its adoption: • City of Lino Lakes Resolution No. 98 - 180 RESOLUTION APPROVING THE AMENDED AND RESTATED ASSESSMENT AGREEMENT BY AND BETWEEN F & G, INC. AND THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, on May 13, 1997 F & G, Inc. (the "Developer") and the Lino Lakes Economic Development Authority (the "Authority") entered into a Contract for Private Development (the "Development Agreement") regarding certain land within Lino Lakes and executed an agreement establishing a minimum market value for the property and the improvements to be constructed thereon (the "Assessment Agreement"); and WHEREAS, the Assessment Agreement established a minimum market value of $1,679,300 for the property and the first two buildings constructed thereon by the Developer; and WHEREAS, pursuant to Section 7.2(b) of the Development Agreement, the Developer and the Authority agreed to increase the minimum market value to $2,285,300 at the time of construction of the third building; and WHEREAS, the Developer has constructed the third building on the property and the parties to the Development Agreement concur that the minimum market value thereof should now reflect the higher value; and WHEREAS, Minnesota Statutes, Section 469.177, subd. 8 requires approval by the Lino Lakes city council in any case in which an assessment agreement is modified; and WHEREAS, the Authority has caused to be prepared an Amended and Restated Assessment Agreement (the "Amended Assessment Agreement") which establishes the minimum market value of the property and the three buildings constructed -thereon at $2,285,300 as of January 2, 1999 for taxes payable beginning in 2000; NOW, THEREFORE, BE IT RESOLVED By the city council of the city of Lino Lakes as follows: 1. The Amended Assessment Agreement is hereby approved. 2. ` Staff ' and . consultants are authorized • and directed to cause the Amended Assessment Agreement and a copy of this resolution as record of the city's approval thereof to be filed of record with Anoka County. RESOLUTION NO. 98 - 180 Page -2- 3. Staff and consultants are authorized and directed to take any and all other actions necessary or convenient to effect the intent of this resolution. Dated: December 21, 1998. Attest: - l E'iud M • yn Anderson, Clerk -Treasurer The motion for the foregoing resolution was duly seconded by Member Bergeson and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. and the following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly adopted. LN14O-42 • • • CITY OF Lino Lakes , MINNESOTA RESOLUTION NO. 98 - 181 Authorizing the Execution and Delivery of a Joint Powers Agreement Relating to the Anoka County Joint Law Enforcement Central Records Project. WHEREAS, it has been proposed that the County of Anoka, Minnesota (the "County") issue its capital notes on behalf of itself, the Anoka Joint Law Enforcement Council (the "Council") and the various cities that are represented on the Council (the "Cities") to finance the acquisition and installation of an integrated law enforcement central records communication system, including computer hardware and software (the "System"); and WHEREAS, in order to provide for the joint fmancing and operation of the System by the County, the Council and the Cities, it is necessary for the County and the Cities to enter into a joint powers agreement as required by Minnesota Statutes, Section 471.59; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF Lino Lakes - , MINNESOTA (the "City"): Section 1. The City. Council of the City hereby authorizes and directs the Mayor of the City and the Clerk-Treastfitbe City (together, the "Authorized Officers") to execute and deliver the Joint Powers Agreement, dated as of December 21 , 1998 by and between the Cities and the County (the "Joint Powers Agreement"). The Joint Powers Agreement shall be substantially in the form on file with the City Clerk on the date hereof, with such necessary and appropriate variations as the Authorized Officers, .with the advice of the City Attorney, shall determine; provided that the execution thereof by the Authorized Officers shall be conclusive evidence of such determination. Section 2. This resolution shall be in full force and effect from and after its passage. Passed and adopted by a majority vote of the City Council of the City of Lino Lakes, Minnesota, at a regular meeting held December 21 , 1998. I, the undersigned, being the duly qualified and appointed City Clerk of the City of Lino Lakes , Minnesota, hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the City Council of said City held on Decem6'er 21 1998 with the original thereof on file in my office, and the same is a full, true, and complete transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this 21 s day of December , 1998. .[SEAL] GP:526512 v1 -City Clerk -Treasurer CITY 1 p ► O L I By: By: ("4tri (14411)441-0,,j; -17- Anoka County Contract No.