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APPROVED <br />CITY OF LINO LAKES <br />MINUTES <br />3 <br />4 <br />5 DATE : September 26, 2005 <br />6 TIME STARTED : 6:31 P.M. <br />7 TIME ENDED : 8:29 P.M. <br />8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz <br />9 and Mayor Bergeson <br />10 MEMBERS ABSENT : None <br />11 <br />12 Staff members present: City Administrator, Gordon Heitke; Community Development Director, <br />13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City Planner Bengston; <br />14 Finance Director, Al Rolek; City Attorney, Bill Hawkins. <br />15 <br />16 OPEN MIKE <br />17 <br />18 Robert Bening, 6788 East Shadow Lake Drive, and Al Demotts, 7140 Rice Lake Road, presented a <br />19 petition of 528 signatures requesting a referendum be placed on the ballot in November 2006, which <br />20 amends the Lino Lakes City Charter to not allow a person to be on the Council and on the Charter <br />21 Commission at the same time. He indicated the majority of the Charter Commission denied the <br />22 request. Mayor Bergeson stated when a petition is presented Staff reviews the signatures to ensure <br />•23 residency, then Council will respond accordingly. <br />24 <br />25 Councilmember Carlson asked if Mr. Bening and Mr. Demotts were two members of the sponsoring <br />26 committee. Mr. Bening replied no, it is not being pursued directly, but is an informal petition. He <br />27 added they are requesting a petition by City ordinance through City Council. <br />28 <br />29 Councilmember Carlson asked why the petition is being presented now if the request is to be placed <br />30 on the November 2006 ballot. Mr. Bening replied it is his understanding that the process takes a <br />31 while and that he would expect action to be started before the end of January. <br />32 <br />33 Lloyd Chalupsky and Sally Bachmeier, 2215 Reiling Road, presented letters and pictures of their <br />34 house for the past two years. He indicated the pictures show a sewer problem on their property <br />35 emanating from the neighbor's property. He added he has received no response or resolution yet and <br />36 would like to know where to go from here. He requested a City official visit the site to test it at his <br />37 expense. Community Development Director Grochala replied last week a letter was submitted after <br />38 site investigation, which indicated there is no indication fluent is coming from their neighbor's septic <br />39 system. He added he has been at the site several times in the past. <br />40 <br />41 Mayor Bergeson suggested another analysis be submitted indicating it is sewage. He added unless <br />42 Staff brings an action or the attorney brings information, he is unsure what action Council could take. <br />43 Mr. Chalupsky replied the analysis is in the papers presented tonight. He added, when pipes were dug <br />44 up, the neighbor cut off the pipe and cemented it so sewage would stop draining into their property. <br />1p 45 <br />