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HomeMy WebLinkAbout01/14/1985 Council Minutes1 1 083 COUNCIL MEETING January 14, 1985 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M. by Mayor Benson. Council members present: Bohjanen, Reinert, Marier, Kulaszewicz. Absent: none. City Attorney, Bill Hawkins; Building Inspector, Peter Kluegel; Clerk - Treasurer, Marilyn Anderson and City Administrator, Randy Schumacher were also present. CONSIDERATION AND APPROVAL OF MINUTES - DECEMBER 27. 1985 Mr. Kulaszewicz moved to approve the December 27, 1985 minutes as presented. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - DECEMBER 31- JANUARY 14. 1985 Mr. Kulaszewicz asked about the disbursement to Bob's Circle Plumbing for repairing broken water pipes. Mr. Schumacher explained this will be covered by the builder's insurance or his escrow. The problem should now be rectified. Mr. Kulaszewicz asked about the expense for Hobart, Marten and McAllister. Mr. Schumacher explained this was a larger than normal expense because additional testing was required. Mr. Reinert moved to approve the December 31, 1984 disbursements. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to approve the January 14, 1985 disbursements. Mr. Marier seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF THE .1985 ANIMAL CONTROL CONTRACT The Council has received a memorandum from Mr. Dan Tesch, Administra- tive Assistant indicating that he has reviewed two proposals; one from White Bear Animal Control, Inc., and the second from Minnesota Animal Patrol Service. He recommends retaining White Bear Animal Control because MAPSI charges extra for several items. Mr. Schumacher noted that MAPSI has recently had some legal problems and several adjacent communities have eliminated their services. Mr. Reinert asked how the city monitors the hours of patrol. Mr. Schumacher explained they do check in with the police, but it is difficult. Mr. Kulaszewicz moved to retain White Bear Animal Control for reasons stated in Mr. Tesch's memorandum. Mr. Marier seconded the motion. Motion carried unanimously. 084 COUNCIL MEETING January 14, 1985 Page Two Mayor Benson asked if there has been any further comment from WBAC regarding their patrol policies. Mr. Schumacher said there has been no further issues and he does not know if their policies have changed. CONSIDERATION OF ESTABLISHING A PUBLICATION POLICY Mr. Schumacher said the state legislature is requiring municipalities to fulfill one of the following requirements: 1) publish simple comprehensive summary of all City Council meetings; 2) publish a condensed version of the City Council minutes; 3) mail out copies of minutes to residents requesting them. Mr. Schumacher recommended publishing aHnotice in the paper telling residents the City would mail copies of the City Council minutes to those who request them and develop a mailing list. If this process becomes overbearing, he would request the Council initiate another publication policy. Mr. Reinert asked if there was any definition given to the three alternatives; what is a simple comprehensive summary? Mr. Schumacher said the summary cannot contain engineering or legal jargon. Mr. Bohjanen felt a summary of minutes could be misleading. Mr. Schumacher felt it would be difficult to determine what is important and what is not important. Mayor Benson asked the cost of publishing summary minutes. Mr. Schuma r said $600 to $700. Mr. Reinert felt if a consistent format can be determined, a lot of information could be dispelled. Mr. Schumacher said public hearing minutes could get lengthy. Mr. Bohjanen moved to publish a notice stating City Council minutes are available for Lino Lakes residents if they wish to call and be placed on a mailing list. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. 7:15 P.M. PUBLIC HEARING - JOHN UDSTUEN - KENNEL LICENSE Mayor Benson opened the public hearing at 7:26 P.M. Mr. Kluegel explained Mr. Udstuen is requesting a kennel for four dogs. His property is located in the rural zone and contains one plus acres. This request was brought before the Planning and Zoning Board after the moratorium expired and before the new ordinance was adopted. The Planning and Zoning Board recommended approval. Mr. Marier moved to close the public hearing at 7:30 P.M. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Marier moved to grant the kennel license to John Udstuen subject to the Planning and Zoning Board's recommendations. Mr. Bohjaneri seconded the motion. Motion carried unanimously. 1 085 COUNCIL MEETING January 14, 1985 Page Three PUBLIC HEARING - GROUP W CABLE TV - CONDITIONAL USE PERMIT Mayor Benson opened the public hearing at 7:31 P.M. Mr. Kluegel explained this is a request for a metes and bounds sub - division in a rural area and a conditional use permit for construct -ion of a transmission tower of 150 feet, a concrete building and two satellite dishes. Mr. Kluegel identified the property off Old Birch Street. He explained the conditions under which the Planning and Zoning Board recommends approval, including the fact that a triangular parcel of land be purchased by Group W in order to satisfy the frontage requirements. Group W has shown proof of purchase for that piece of land. Mr. Kulaszewicz moved to close the public hearing at 7:35 P.M. No one appeared for or against this issue. Mr. Bohjanen seconded the motion. Motion carried. Mr. Kulaszewicz moved to approve the metes and bounds subdivision application by Group W Cable, taking into consideration the Planning and Zoning Board's recommendation that the City receive proof of ownership of the triangular parcel of land and the fact that the City has said proof. Mr. Marier seconded the motion. Mr. Schumacher questioned whether or not there should be arrangements made for park dedication. Mr. Hawkins felt that there would be no requirement for park dedication in this particular case according to the Ordinance. On the vote, Mr. Reinert voted no, motion carried. Mr. Kulaszewicz moved to approve the conditional use permit for Group W subject to Planning and Zoning Board recommendations. Motion seconded by Mr. Marier. On the vote, Mr. Reinert voted no, motion carried. CONSIDERATION OF THE ANNUAL MUNICIPAL APPOINTMENTS FOR 1985 The first appointments were for the two positions on the Planning and Zoning Board which have been filled by John McLean and David Cody, whose terms ended December, 1984. The three candidates for those two positions are John McLean, David Cody and Harvey Karth. Mr. Bohjanen moved to appoint Harvey Karth to one of the positions. There was no second to the motion, thus it died. Mr. Kulaszewicz questioned Harvey Karth as to a possible conflict of interest if he were to serve on the Planning and Zoning Board and continue to be employed for Mr. Rehbein, involved in real estate in the community. Mr. Karth felt this would not create a problem. Mr. Marier moved to appoint Mr. Cody and Mr. McLean to the two posi- tions. Seconded by Mr. Kulaszewicz. Mr. Reinert requested that the Council deal with each position separately. He offered an amend- ment to the motion on the floor as such. Mr. Bohjanen seconded 086 COUNCIL MEETING January 14, 1985 Page Four the amendment. On the vote on the amendment, Mr. Marier and Mr. Kulaszewicz voted no, motion carried. Mr":'.,Marier moved to appoint Mr. McLean to one of the positions on the Planning and Zoning Board. Seconded by Mr. Kulaszewicz. Mr. Bohjanen and Mr. Reinert voted no, Mayor Benson abstained, thus the motion failed. Mr. Reinert moved to appoint Mr. Cody to one of the positions on the Planning and Zoning Board. Mr. Marier seconded the motion. Mr. Bohjanen voted no, motion carried. Mayor Benson then asked for some reasons for and against each candi- date - Mr. Karth and Mr. McLean. Mr. Bohjanen supported Mr. Karth because he felt Mr. Karth had a better concept of Lino Lakes and would not have a conflict of interest. Mr. Kulaszewicz, with all respect to Mr. Karth, supported Mr. McLean due to his past performance and service and that he works well with the Board. Mr. Reinert felt that Mr. Karth is qualified, but is doing an excellent job as Chairman of the Economic Development Board. He felt service on both Boards would not be as effective. The exception Mr. Reinert took was that he had heard feedback from the community to the effect that they sometimes fell that the Planning and Zoning Board under Mr. McLean's chair may pass judgment on those appearing before them, or that those appearing are not treated with the respect they deserve. Mr. Marier supported Mr. McLean in that he felt that Mr. McLean has had a good working rapport with the City Administration and City Boards. Mayor Benson passed on information funneled through him from the community in reference to the Planning and Zoning Board's treatment of those appearing before them and suggested that the Board try to approach community members in a more friendly manner and present a friendly and cooperative image to the community. Mr. Kulaszewicz moved to appoint Mr. McLean to the Planning and Zoning Board. Mr. Marier seconded the motion. Mr. Bohjanen voted no. Motion carried. The next item was to appoint two members to the Park Board since Jim Flannery's and Ray Johnson's terms expired December, 1984. Mr. Reinert moved to appoint Jim Flannery to the Park Board. Mr. Marier seconded the motion. Motion carried. Mr. Kulaszewicz moved to appoint Ray Johnson to the Park Board. Mr. Bohjanen seconded the motion. Motion carried. With regard to the position of Chairman, Mayor Benson asked that the Planning and Zoning Board and the Park Board decide between themselves upon a Chairman and Vice Chairman. He suggested that 1 1 1 087 COUNCIL MEETING January 14, 1985 Page Five the Chairmen of both Boards rotate, but this is not required. The next item was the appointment of City Attorney. Mr. Kulaszewicz moved to appoint Burke & Hawkins as City Attorney. Mr. Marier sec- onded the motion. Motion carried unanimously. On the appointment of City Engineer, Mr. Reinert moved to appoint Toltz, King, Duvall, Anderson (represented by John Davidson). Mr. Bohjanen seconded the motion. Carried unanimously. With regard to the appointment of the City Planner, Mr. Marier moved to table this appointment until the next Council meeting. Mr. Kulaszewicz seconded the motion. Carried unanimously. Weed Inspector Weed Inspector. Fire Marshall - Fire Marshall. - Mr. Kulaszewicz moved to appoint Alan Robinson as Motion seconded by Mr. Marier. Carried unanimously. Mr. Kulaszewicz moved to appoint Mark Frieden as Mr. Bohjanen seconded the motion. Carried unanimously. Civil Defense Director - Mr. Bohjanen moved to appoint Charles Cape as Civil Defense Director. Seconded by Mr. Marier. Carried unanimously. Health Officer - Mr. Reinert moved to appoint Anoka County Health Dept. as Health Officer. Mr. Kulaszewicz seconded. Motin carried unanimously. Fiscal Agent - Mr. Kulaszewicz moved to appoint Springsted Co. as fiscal agent for the City. Mr. Marier seconded. Carried unanimously. Liaisons - Mayor suggested continuing the liaisons for the City- connected Boards, etc. through the 1985 year due to the fact that those persons have been working with the various Boards, etc. and have an understand- ing of the specific issues that they are dealing with. He asked if any Councilmembers opposed. No one was opposed. Legal Newspaper - Mr. Kulaszewicz moved to appoint the Circulating Pines as the legal newspaper for the City. Mr. Marier seconded the motion. Discussion followed including past publishing performance, circulation, budget for 1985 for newspaper, etc. Some people from the audience and some Councilmembers felt that two newspapers should publish legal notices as has been done in the past. On the vote, Mr. Bohjanen and Mr. Reinert voted no, Mayor Benson abstained, thus motion failed. Mr. Reinert moved to continue the same procedure as was done in 1984, i.e., appointing both the Circulating Pines and the Quad Press as legal newspapers for the city. Mr. Kulaszewicz seconded the motion. Mr. Bohjanen and Mr. Marier voted no. Motion carried. CONSIDERATION OF REQUEST TO AMEND SHENANDOAH II PLAT Mr. Schumacher reported that Mr. Karth has brought:, to the City's attention that there is an error in the County records with regard 088 COUNCIL MEETING January 14, 1985 Page Six to the Shenandoah II plat. He explained the error which has been made. Mr. Kulaszewicz moved to correct the error on the Anoka County records for Shenandoah II plat, lot 6, block 6 to read 105 feet rear lot line rather than the recorded 150 feet rear lot line. Mr. Reinert seconded the motion. Motion carried unanimously. ENGINEER'S REPORT None. ATTORNEY'S REPORT Mr. Hawkins explained a new law which goes into effect February 1 whereby the State of Minnesota will have their Charitable Gambling Control Board approve or disapprove gambling permits. The City of those parties requesting a permit will be given notice of application and will be able to make recommendations to the State Board. The City will have to act upon each case or authorize the City Clerk to sign for the City. Mr. Kulaszewicz moved to recommend approval of the. gambling permit for the VFW Post 6583. Mr. Marier seconded the motion. Carried. Mr. Kulaszewicz moved to recommend approval of the gambling permit for the Ladies Auxilary of VFW Post 6583. Mr. Reinert seconded the motion. Carried. There was a question as to possible conflict of interest in Mr. Bohjanen's voting on this subject, due to his involvement in the VFW. Mr. Hawkins felt that since Mr. Bohjanen does not hold a management position with the VFW, there would be no conflict of interest. With or without Mr. Bohjanen's vote, the motions would pass. NEW BUSINESS The next item dealt with aletter received fromGovernor Perpich's office asking for input from the City of Lino Lakes with regard to the reappointment of Mary Hauser as the City's representative to Metropolitan Council. Mr. Reinert moved that since he does not know who Mrs. Hauser is nor what she does, that the City send a letter to Governor Perpich to change the procedure of appointing a representative to electing a representative in order to provide a better service to the community. There was no second to this motion, and thus it died. Mr. Marier moved to send a letter to Mary Hauser, asking her to visit the City Offices sometime so that the Council can meet her. A copy of the letter should go to Governor Perpich. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1 089 COUNCIL MEETING January 14, 1985 Page Seven Joint Meeting with Planning and Zoning Board - Mayor Benson said he had asked the P & Z Board to attend a joint meeting at 8:00 A.M. on Saturday, January 19 at City Hall. The purpose of the meeting is to air any problems and to assure all involved are going in the same direction with respect to the City. This meeting date had been tentatively set earlier, and this was simply confirmation. The meeting should last about two hours. Mayor Benson asked that the Council put some things in writing in preparation for the meeting with respect to any questions or problems they wish to discuss. Mr. Reinert reported that he would be unable to attend since he will be out of town. OLD BUSINESS Approval of Comprehensive Sewer Plan - Mr. Schumacher reported a letter received by Metropolitan Waste Control Commission which communicates the fact that the MWCC passed a resolution on December 18, 1984 approving the Comprehensive Sewer Plan for Lino Lakes. Consideration of Clerk's Request to Publish Sign Ordinance (Kennels) in Summary Only - Mr. Kulaszewicz moved to authorize the City Clerk to publish in summary form only the recently approved kennel ordinance, due to its length. Mr. Marier seconded the motion. Mr.- Bohjanen asked that the Clerk be sure to publish the fact that a complete copy can be obtained if desired. Mrs. Anderson agreed and said that is the usual policy. Hiring of Police Chief - Mr. Schumacher explained the procedure to be used in hiring the new police chief, as follows: 1. Candidates contacted and those in local area asked to attend 10 -15 minute preliminary interviews on 1/17/85 & 1/18/85. 2. Candidates will then receive, either in person or by mail, an essay and some other material to be completed and returned. 3. Based upon basic information gathered from each candidate, candidates will be judged on a 'matrix' comparing "apples to apples ". 4. A screening committee including one Councilmember, Mr. Schumacher, Chief of Police of White Bear Lake, and Lieut. of Investigation from Anoka County will consider all informa- tion gathered and narrow down to 6 - 8 candidates. 5. Psychological and aptitude tests and final interviews held. 6. Recommendations for hiring to Council on 2/25/85. 7. New Police Chief on board by 4/1/85 at latest. Mayor Benson felt that he would be unable to serve as the one Council - member on the screening committee. Mr. Reinert moved that the repre- sentative from Council should be someone from the Ways and Means Committee. Mr. Kulaszewicz seconded the motion. Carried. Mayor Benson reported that he felt there were some very good candidates within the 22 applications received. 090 COUNCIL MEETING January 14, 1985 Page Eight Meeting with Senator Dahl - Mayor Benson referred to an article from the Suburban Chamber paper in which Senator Dahl listed some of his objectives, one being reduction of taxes in Centennial School District. Mayor Benson wanted to make sure that we are doing our part in making the Senator aware of our backing and support for this objective. Mr. Schumacher reported that he will be attending a meeting on January 17 with Senator Dahl and some of the items to be addressed include: shared services bill, gas systems, taxes, fiscal disparities, and Retirement Relief Association. Mr. Marier moved to adjourn at approximately 8:30 P.M. Motion seconded by Mr. Bohjanen. Aye. These minutes were considered, corrected and approved by a regular meeting of the City Council on January 28, 1985. City Clerk Mayor