HomeMy WebLinkAbout01/14/1985 Council Minutes1
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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.
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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.
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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
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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
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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
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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.
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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.
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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