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HomeMy WebLinkAbout06/11/1973 Council Minutes142 June 11, 1973 The regular meeting of the Lino Lakes Village Council was called to order at 8:00 P.M. on June 11, 1973 by Mayor Bohjanen. Councilmen present; Jaworski, Marier, Zelinka. Absent; Cardinal. Mr. Locher and Mr. Gotwald were also present. Mr. Marier moved to approve the minutes of May 29, 1973 as corrected. Seconded by Mr. Jaworski. Motion carried. The Clerk read the letter from Mr. Burman apologizing for not having someone at the last meeting and asking to be put on the agenda for the June 25, 1973 meeting at 8:15 P.M. Mr. Zelinka so moved. Seconded by Mr. Jaworski. Motion carried. She had received a copy of the proposed Northtown Corridor and had made copies for all Councilmen. The Lino Lakes Athletic Association had called her office and asked for the use of the Village Hall on July 25, 1973. They needed confirmation fo the date because of a printing deadline. The clerk had confirmed the date and now asked the Council to ratify her actions. Mr. Marier moved to confirm the date for the use of the Vi I lage Hall I by the Lino Lakes Athletic association. Seconded By Mr. Jaworski. Motion carried. The Clerk reported that she had received a call from North - Northeast Reality in connection with the sale of the Lino Snowmobile building. A company that cleans up after train wrecks os interested and had questioned the use of the two side streets, and what weight restric- tions were put on these streets. The feeling of the councilwas that more information was needed about the company and their operation. It was suggested that a planned use be presented to the P &Z by the company. The Clerk will relay the message to North - Northeast. The CD Auxiliary requested a beer permit for June 24, 1973 in con- junction with their auction . Mr. Marier moved to grant a beer per- mit with the stipulation that they provide their own insurance. Seconded by Mr. Zelinka. Motion carried. The Clerk reported on a letter from a testing laboratory involved in the testing of water. The Council felt that we had no need for this at this time and the matter was tabled for future reference. Mayor Bohjanen reported that he had been contracted by members of the VFW and had been asked why the flag wasn't flying 24 hours a day. He had told them that he had been overruled at the council meeting; that the Counciblhad voted to only fly the Flag during office hours. The original Flag and flag pole had been dedicated to the momory of Alden Domning, a former Mayor. He had told the people from the VFW that they should come to a Council meeting and make their feelings known to the Councilmen. Mr. Wally Moen,Commander of the Post, spoke to explain their view- point. The organization stands for Americanism amd community service. He had done some research on how many Flags fly 24 hours a day in the United States and found quite a ?flew. He felt that as long as the proper facilities were avai lable, the Flag should be flown 24 hours a day. A young girl from the audience felt that the Flag should be flown "for 24 hours in tribute to the men who have died defending the Flag. June 1 1 , 1973 They don't fight during office hours. She asked, Why won't it be flown 24 hours? Mr. Jaworski answered that he felt that we were not any less patriotic by flying the Flag for 24 hours. In, fact, he felt that we were being dis- respectful by subjecting the Flag to the abuse of the weather by flying it for 24 hours. Mr. Moen asked how long this last Flag had been up. Someone thought about a year. Mr. Moen said it should have been replaced in that span of time. Mrs. Bohjanen said it had been up for 15 months and that no Councilmen had said that it was Catered and torn. Candy Bohjanen said it cost the Village more to take the Flag down and put it up than it does to leave it up. A gentleman from the audience said that in view of the fact that the VFW will replace the Flag whenever necessary and we have the proper facilities for flying the Flag 24 hours, he could see no reason for not flying it. Mr. Zelinka had done some quick calculations and came up with a figure of $100.00 per cost to raise and lower the Flag. Since the VFW will replace the Flag, Mr. Zelinka moved that the Council reconsider and authorize the Flag to be flown 24 hours. Seconded by Mr. Bohjanen:. Mr. Bohjanen and Mr. Zelinka voted,Yes; Mr. Jaworski voted, No; Mr. Marier abstained. Motion carried. Mr. Bohjanen said he had a call from Mr. Frazer and Mr. Bohjanen asked Mr. Locher to read the copy of the State Fire Marshall's report on the gasoline tank located on the Leo Bruder property. The report stated that Mr. Bruder has 30 days in which to bring the tanR and the wiring up to State Codes. He must also obtain a PCA permit. Mr. Jaworski said since the tank os visible from Old Highway #8, why wasn't our Fire Marshall instructed to go in and tag him for violation of our ordinance? Mr. Zelinka said Mr. Frazer had called hin and he had stopped by and viewed the tank from Mr. Frazer's yard. In his opinion, it holds around 1000 gallons. Mr. Marier felt that a lot of time was spent talking about these violations and there had been no successful attempt to enforce them. We should either enforce the Ordinances on the books of throw them away. Mr. Locher said the citation for the junk cars has not come up for a hearing as yet, so that is still pending. Mr. Jaworski said that Mr. Frazer had called the state Fire Marshall and he had come out the same day. Our own Fire Marshall should have tagged Mr. Bruder before this. Mr. Locher said that Mr. Bruder seems to think that once he pays a fine, this gives him a license to continue doing the same thing. Mr. Zelinka questioned the statement Mr. Locher made about i I l ega l entry. Mr. Locher said if evidence is obtained by illegal entry, then it is not admissible evidence. He still working on a search 144 June 11,1973 warrant so the building inspector can view the inside of the storage building located at the rear of Mr. Bruder's property. Mr. Locher will continue to work on this. Mr. Bohjanen asked about the culverts on 4th Avenue. Mr. Jaworski said these will be spread. Mr. Bohjanen asled of we should not have warning lights on these. Mr. Jaworski said they are off the road surface and =are not interfering with the f iow of traffic. Mr. Jaworski reported that he and Mr. Gotwald had inspected a l l the roads that are being surfaced. They are hardening and setting up nicely. There are some soft spots and some thin spots due to water under the surface. He felt that when the road bed dries up, these spots will also clear up. Mr. Gotwald suggested leaving them alone for a while. The surfaces have improved since the last time he had checked them. The last few days of heat and sun was what it needed. He had talked with the owner of H &S Asphalt and felt that the Village need not be concerned. The owner had assured him that when the job is finished, the roads will be according to specs. These problems are the things that are expected and are taken care of in the bid. Mr. Jaworski felt that since Hugo does not have the money in their road budget to handle their portion on the 24th that we should drop that street from our list. We do need some sort of dust control on it. He. also suggested that we add 64th, both East and West, and the short stretch of Cedar Street that was ommited, get these surfaced and out of the way. Mr. Marier thought that we should not drop 24th entirely, but maybe we could surface a part of it. Mr. Jaworski said od we did that, then we would -be making it better for residents of Hugo and missing some of our own people. Mr. Marier agreed, but felt we should keep it on our list and,work with Anoka County on this. Mr. Jaworski said that work on Peltier should get started. He moves that 64th Street, East and West, and Cedar Street be surfaced Seconded by Mr. Marier. Motion carried. Mr. Jaworski felt that we needed to het hourly bids for the grading necessary on Peltier. Mr. Gotwadd said he thought this -.work could be done by H &S and added to our present contract. Mr. Jaworski will get are informal written bid for the next meeting. Mr. Marier moved to put some chloride on 24th and on Pine Street for dust control. Seconded by Mr. Jaworski. Motion carried. Mr. Marier had no report but expressed the opinion that the County seems to delay our actions- not just on roads -but all action. He felt that they should realize that the Villages have problems that need their attention. He also stated the Council had voted against flying the Flag 24 hours - not because of disrespect for the flag but because they wanted a presentable Flag- not a rag. Mr. Zelinka reported there will be an environmental Commission meeting on June 12th, 1973. June 11, 1973 He would like some directive from the Council as to what they should be looking into. Mr. Bohjanen said he thought the Wet Lands Ordinance was unnecessary since the Rice Creek Watershed District does this job. Mr. Zelinka said the Commission feels they need a project on, or it is useless to call a meeting. Mr. Marier asked if the Commission receives copies of the RCWD Board minutes? Mr. Zelinka didn't think so. The Clerk was instructed to make copies for a l l members of the Commission. Mr. Jaworsli felt that the Commission should consider all things that effect our environment not just the wetlands. Things such as dumps - junk cars, etc. Mr. Zelinka asked if the Personnel should screen applications for the Police replacement. He was told yes. Men who are to be considered from the past applications should come in and fill out the new application form. Mr. Locher reported on the Liquor License applications and all had one thing or another missing. There was discussion on the 10 day written notice clause required. I t was suggested that perhaps a letter to the Liquor Commissioner asking why this is not a matter of form in insurance policies might serve a purpose. Mr. Jaworski moved to deny all license app l i cati ons until they are a l l in order. Seconded by Mr. Marier. Motion carried. Mr. Locher reviewed the two applications for sewer licenses. One needed an application form amd one needed insurance. Mr. Jaworski moved to deny the licenses unti I proper form. Seconded by Mr. Marier. Motion carried. Mr. Locher had looked over the contract with the Planning Consultant and there was discussion on several points. Mr. Marier moved to accept the contract with the Planning Consultant and to authorize the Mayor and the Clerk to sign the contract. Seconded By Mr. Jaworski. Motion carried. Mr. Locher had checked the form from the Correction Department in connection with the claim filed with the State for assisting with the escapees at the Treatment Center. He will assist the Clerk in fil- ling out this form. One member fo the Council must be present when this claim comes up for a hearing. We will be notified as to the place and time. There was a master plan submitted by the State Highway Department as to sign changes along the freeways. Mr. Gotwald will take a look and return to the Clerk,' Mr. Locher had gotten a copy of the "Sunshine Law ". The Clerk wi I I make copies for all Council members. There was discussion on the meaning and restrictions of this law. Someone thought that the law had been passed during the 1973 session. Mr. Locher had called the Capital and had been told that the Senate Journal is not complete. June 11, 1973 The last three days are not available as yet. Mr. Gotwald made note of the fact that all plats must be submitted to the Rice Creek Watershed Board and if not approved, the County will not register them. Mr. Gotwald reported that he had surveyed the Lino Park property and the irons marking the property lines should be made permanent. Mr. Backlin was instructed to cover them with pipe. Also, in the process of making the survey, they found that Mr. LeVessuer's fence is on 40' of 50' of the Park property. This matter should be settled be- fore work on ithe park begins. Mr. Zelinka moved to have the Clerk write a letter to Mr. LeVessuer asking that he meet with the Park Board in order to correct this sit- uation. The stakes are to be secured and made more permanent by the week of June 17, 1973. Seconded by Mr. Marier. Motion carried. Mr. Gotwald had looked over the sign plans and reported that it does not need approval. The signs are strictly directional. They are upgrading the signs to direct traffic flow more efficiently. The letter accompanying the plans should be forwarded to the Planning and Zoning Board. The Clerk will do this. Under old business; Mr. Glenn Rehbein asked about sewers in Shenandoah. Had there been any progress? Mr. Locher said he had no contact with Mr. Dougherty. He had called several times with no response. Mr. Rehbein asked if he could put in temporary l i nes. The present situation eliminates any new construction. Mr. Bohjanen said that a meeting will be set up as soon as possible. Mr. Gotwald was asked about our comprehensive sewer plans and if the Metro Sewer Board had seen them. Mr. Gotwald said the plan is basically complete and ready for print- ing. He also reported that in (reviewing our plans and the one submitted to the Vi Ilage by MSB, that our plan was received more favorably. Mr. Locher said both contracts submitted by the MSB to the Village "have been unacceptable. This is one of the main points that is holding up progress. Mr. Jaworski said that without a comprehansive sewer plan, the PCA will not approve installation of any laterals, What we must have os a commitment date as to when the pipe w i l l be put in theAvoun d. Then we can act. Mr. Marier requested the Clerk to include beginning and ending balances in the petty cash funds. Mr. Zelinka asked if Mr. Backlin had computed the daily rental on the steam,; cleaner. Mr. Jaworski hadn't informed Mr. Backlin but will take care Of it this week. Mr. Jaworski asked about the money in escrow for the payment of the special assesments in U.S. Lakes Addition #2. The Clerk had called Mr. Kronholm at Drovers State Bank but he and been out of town. She will try again this week. She reported on the nonpayment of water meter charges, water charges and utility in that same area. There will be a hearing at the June 25, 1973 Council meeting. These people are to be informed of this meeting. These people are to be informed of this meeting, and if they do not appear, and do not pay the charges, then services will be terminated at their residences. Mr. Zelinka removed himself from the Council to discuss a problem at Forjay. He has an owner who wished to build two more units adjacent to the one he now owns, but these two units would be beyond the 300' commercial limit. Mr. Zelinka asked since this land is classified as Ag, does he need a building permit for these units. There was discussion on this problem with Mr. Marier requesting that Mr. Locher get an. Attorney General's opinion on this matter. Mr. Fran Burque appeared and presented the Clerk with a check for the special use permit to remove top soil on his farm. It will be nec- essary for him to appear at the Planning and Zoning meeting. The Clerk will notify Um. Mr. Zelinka moved to approve requisitions #267 & #268. Seconded by Mr. Marier. Motion carried. Mr.Marrier recommended holding Check #5181. He felt there should be something in writing as to the plans on the restoration of the roads that are not up to specs. This os necessary to protect the Village. Mr. Jaworski will meet with the owner of H &S and have this infor- mation for the next Council "meeting. Mr. Marier questioned Check #5166 and was told this was road mix and was used for patching on Aqua Lane. Mr. Marier requested that on any type of purchase , what it is and why be listed. He also questioned Check #5171 for Sanitation and was told that the lines at the lift station had plugged and he had flushed them to open them. They had found pieces of a 2x4. Mr. Gotwald said Children lift the manhole covers and throw things such as this in. It was suggested that we install manhole cover locks. Mr. Marier questioned eequisition #227- it only had two signatures. A majority is needed for legal action. Mr. Zelinka had signed the requisition and didn't realize that he should also initial. Also, requisitions should be signed by the department heads before they are considered by the Council. Mr. Jaworski moved to pay bills #5151 through #5182, withholding #5181. Seconded by Mr. Zelinka. Motion carried. Mr. Zelinka moved to adjourn at 10:30 P.M. Seconded by Mr. Jaworski. Aye. Minutes approve at the June 25, 1973 meeting, Clerk- Treasurer