HomeMy WebLinkAbout12/28/1981 Council Minutes114
December 21, 1981
Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mr. MCLean moved to ajdourn at 7:15 P.M. Seconded by Mr. Kulaszewicz.
Aye.
The Public Hearing on the Comprehensive Land Use Plan was called to order
at 8:17 P.M. Mayor Gourley noted that Mr. MCLean and Mr. Kulaszewicz had
left, therefore, there is not a quorum.
After some discussion, Mayor Gourley noted that this meeting will be
reconvened at 8:00 P.M., on Monday, December 28, 1981. A letter to be sent
to all Council members to include the incoming members. This notice
will also be published in the Circulating Pines.
Meeting was closed at 8:20 P.M.
The minutes were considered and approve at a regular Council meeting
held on December 28, 1981.
Edna L. Sarner, Clerk - Treasurer
F. Kenneth Gourley, Mayor
December 28, 1981
Mayor Gourley announced that the newly elected and appointed officers
would be sworn in and then the meeting would proceed.
Mr. Locher administered the Oath of Office to the Elected officials,
Mr. Ricahrd Kulaszewicz and Mr. Benjamin Benson and to the appointed
official, Mr. Donald Marier.
The Regular meeting of the Lino Lakes City Council was called to order by
Mayor Gourley at 7:40 P.M. with all Council members present.
MINUTES
Mr. McLean moved to approve the minutes of the December 21, 1981 meeting
as presented. Seconded by Mr. Kulaszewicz. Motion carried with Mr.
Marier abstaining.
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DISBURSEMENTS
On considering the disbursements, Mr. McLean questioned the expense
voucher submitted by Mr. Jaworski. This was for appearance at Court and
the loss of time at work. There was discussion as to submitting this to
the County for apyment. Mr. Marier felt the time and paper work would cost
more than the amount of the check. Mr. Marier moved to approve this pay-
ment. Seconded by Mrs. Elsenpeter. Motion carried with Mr. McLean and
Mr. Kulaszewicz, voting, No.
Mrs. Sarner noted to the Council that the cehck for $43,000.00 transferr-
ing monies from the Federal Revenue Sahring Fund as authorized by the
Resolution passed at the last Council meeting is in the disbursements
but not listed.
December 28, 1981 115
Mrs. Elsenpeter asked if the payment to the Circulating Pines of $616.00
was for both punlications of the Home Rule Charter and the Clerk answered,
Yes.
I Mrs. Elsenpeter moved to approve the disbursements as presented. Seconded
by Mayor Gourley. Motion carried with Mr. Marier abstaining.
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UNION CONTRACT - 49er's
Mr. Schumacher noted that he has included in all members packets a summary
of the language changes. This is a contract for a period of two years
with no openings for the second year.
Article 3 - Holidays - Employees now receive 9, most communities have 11,
this contract allows for one additional in 1982 and one additional holiday
in 1983.
Artice 11 - Clothing Allowance - in 1982, $200.00 will be allowed for
clothing and in 1983 the allowance is $50.00. These purchases will be uder
the control of the Public Works Supervisor.
Articel 10 — Salaries - this proposal is for a 9% increase in 1982 and an
additional 9% in 1983, with no opening for additional benefits. This
contract is effective January 1, 1982.
Mr. McLean questioned the clothing allowance - is this uniforms? Mr.
Schumacher said, No, this had been discussed but this is just an allowance
for the purchase of just working clothes.
Mr. McLean also discussed the increase in the insurance. Mr. Schumacher
pointed out this is due to the increase in the insurance and the City has
no control over this.
Mrs. Elsenpeter moved to approve this contract. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
SALARY CONSIDERATION - NON- CLASSIFIED EMPLOYEES
Mr. McLean moved to tanle this for the new Council. Seconded by Mr.
Kulaszewicz.
Mayor Gourley asked if there was a special reason for this action and Mr.
McLean felt this should be left up to the new Council.
Mr. Schumacher felt that this is unfair for the new Council members - the
existing Council has better knowledge of the employees.
Mr. Kulaszewicz said many years the new Council has taken care of this and
felt this has been the past practice.
Mayor Gourley agreed but indicated how uncomfortable he felt tT,,o years ago
in dealing with this subject.
I Mr. Marier asked Mr. McLean which salaries he flet should be changed - Mr.
McLean indicated that he would like to discuss the Police Chief, the Public
Works Supervisor, perhaps the Building Official.
Mr. Marier asked Mr. Schumacher what criteria he used to arrive at these
percentages and Mr. Schumacher explained his work on these recommendations
December 28, 1981
and how the percentages were computed.
Mr. Kulaszewicz discussed the number of hours of comp time accumulated by
the department heards. Mr. Schumacher noted that this is expected of
the individuals. The other employees are paid hourly and this is one
reason department heads are considered for a higher percentage increase.
Mr. Kulaszewicz akded what would happen of one of these individuals
quit - would he be paid for the accumulated comp time? Mr. Schumacher
said he would not recommend this.
Mr. Marier moved to accept the salary recommendations of the City
Administrator with Chief Myhre's salary increase to be 12.5% and Donald
Volk's a 9% increase.
Mayor Gourley asked that Mr. Marier remember this motion for a moment
since there is another motion on the floor.
This motion is to table the salary considerations. The motion failed
with Mr. McLean and Mr. Kulaszewicz voting favor - Mayor Gourley, Mrs.
Elsenpeter and Mr. Marier voting against.
Mayor Gourley said the Police Contract is still unsettled and this calls for
a 1 -% differential between the Sergeant and the top patrolman and he felt
that this differential should be maintained between the Chief of Police
and the Sergeant. He felt this salary should not be tied to a dollar figure
or a percentage figure since the contract has not been settled.
Mr. Marier felt that a 12.5% increase should be given at this time for
the Police Chief and at the time time contract is settled, see that the
required separation is there. Mayor Gourley agreed that this was fair.
Mr. Marier maintained his suggested 9% increase for Mr. Volk.
Mr. Marier moved to accept the salary recommendations for non - classified
employees with the exception of Chief Myhre, his to be 12.5% and Mr. Volk,
his to be 9%, with a review for Chief Myhre when the contract is settled.
Seconded by Mr. McLean.
Mrs._Elsenpeter disagreed with the 9% increase for the Public Works
Department. She felt the increase for this department head should be the
same as other department heads.
Mayor Gourley called for a division of the question - deleting Mr. Volk's
salary recommendation. The motion on the remainder of the salaries was
called for a vote and carried unanimously.
Mrs. Elsenpeter felt the increase should be the same as the other depart-
ment heads since the manner of review had been the same. She pointed out
that the recommendation was for 11.5%.
Mr. Marier felt that this is too high for that position and in a couple of
years this position would be out of sight.
Mr. Schumacher felt that this position should be within a $2,000.00
differential between this department and the Police Chief and he felt
this fugure should be maintained regardless of what the percentage computes.
Mr. Marier said his motion stood. On voting on the question, the motion
passed with Mayor Gourley and Mrs. Elsenpeter voting, No.
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December 28, 1981
A recess was called at this point. The meeting was reconvened.
7
CITY ADMINISTRATOR's SALARY REVIEW
This review was prepared by Mayor Gourley which indicates a 10% salary
increase with the use of the staff car for transportation to and from work
for the winter months only. This would be an additional $350.00 per year.
Mayor Gourley noted that in the members packet there is a memo from Mr.
Schumacher indicating the areas that he had spent time this past year. He
would add one request - that the Council members be better informed as to the
amount of money invested and at what percentage.
Mayor Gourley moved to approve this recommendation . Seconded by Mrs,
Elsenpeter.
Mrs, Elsenpeter pointed out that this City should formulate some salary
ranges and increases should be given, not on an annual basis, but on a merit
basis. She suggested giving cost of living increases periodically, but
ranges should be set for other salary increases.
On voting the motion failed with Mr. McLean, Mr. Kulaszewicz, and Mr.
Marier voting, No.
Mr. Marier moved to award an 8% salary increase for the City Administrator
with no use of the staff car. Mr. Marier also felt that the practice of
employees taking City vehicles home should be discussed. On voting, the
motion carried with Mayor Gourley and Mrs. Elsenpeter voting, No.
APPROVAL OF 1982 BUDGET
Mr. Schumacher presented the year end surplut at an estimated $407.00 for
1981. This takes into consideration all receipts and disbursements for the
year. Mr. Schumacher recommended the adoption of the budget with anticipated
receipts of $942,510.00, with disbursements of $891,570.00 with a proposed
surplus for 1982 of $50,940.00. The major change was putting the seal -
coating program on an assessment program rather than from the road budget.
Mrs. Elsenpeter was concerned that if the Home Rule Charter becomes a
reality, this program amy never get under way due to the requirements of
that document. She felt this program has been postponed for two years and
cannot be left up to chance. She strongly recommended that this money be
put back in the budget.
Mr. McLean asked if there had been any consideration of receiving the State
Aid that had not been paid in 1981? Mr. Schumacher said, No, there has
been no anticipation of receiving these funds.
Mr. McLean asked about the cost for the State Audit and Mr. Schumacher said
this has not been included in either the 1981 disbursements not in 1982.
Mr. Schumacher said he would recommend to the Council, that when the final
bill has been submitted by the State, this be submitted to the County to be
levied as a special levy.
The Clerk reported that an additional bill for the month of November had
been received in the amount of $804.50 for a total to date of $5,333.08.
Mr. McLean asked if there had been any report from the State and the Clerk
said, No.
118
December 28, 1981
Mr. Marier asked about the increase in administration and Mr. Schumacher
said that includes an additional staff person. Mr. Marier said there is
no overtime - why an additional person? Mr. Schumacher pointed out that
no one qualifies for overtime - Mr. Marier questioned the need for an
additional staff person. He also questioned the $4000.00 budgeted for
an expansion study for the City Hall. It was pointed out this item is
a carry over from last year's budget and is to insurethat, if the City
Hall is expanded, it is done in an orderly manner.
Mrs. Elsenpeter asked that the $40,000.00 that was taken out of the seal -
coating program be put back. She felt taht to depend on this work being
done by assessments is too chancy. This work is necessary to keep the
existing streets in good condition.
Mayor Gourley questioned the status of the State Aid and Mr. Schumacher
reported there is a possibility of receiving this money sometime in 1982,
but, he also felt that the 1982 anticipated income could be cut. Mayor
Gourley suggested that the seal - caoting program be tied into the receipt
of these funds.
Mr. McLean indicated that this budget can be approved and the new Council
can amend it - right? Mr. Schumacher said, the new Council can throw the
whold thing out and start all over if they want to.
Mrs. Elsenpeter moved to reinstate the seal - coating program if and when
the 1981 State Aid is received. Mayor Gourley asked if this was a motion
to approve the entire budget? Mrs. Elsenpeter said, Yes. Mr. Kulaszewicz
seconded the motion. The motion carried with Mr. Marier voting, No.
PLANNING AND ZONING BOARD APPOINTEMENTS
Mr. McLean moved to table this item. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
AMENDED SPECIAL USE PERMIT - GELNN REHBEIN
Mr. McLean moved to table . Seconded by Mr. Kulaszewicz. Motion carried
unanimously.
JOINT LAND USE AGREEMENT #685 - MWCC
Mr. McLean moved to approve this Agreement for signatures. Seconded by
Mr. Marier. Motion carried unanimously.
ATTORNEY's REPORT
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Mr. Locher reported that the hearing on the Charter Commission goes to
Court on Wednesday, December 30, 1981 at 10:00 A.M. He outlined the several
areas that are being challenged.
Mr. Flannery, Vice - Chairman of the Charter Commission, asked that the
Council consider a mutual dismissal of this law suit. He felt that no
matter what happened on this law suit, the will be a Charter Commission
for the City of Lino Lakes. He also implied that in order to mend some
feelings it would be wise to dismiss this law suit and let this
Commission continue it's work.
December 28, 1981
119
Mayor Gourley said he would not discuss litagation outside a closed
session and Mr. Marier asked that there be a closed session in order for
him to be brought up to date on this matter.
1
Mr. Benson felt there is enough litagation in the City and this should be
dropped.
Mayor Gourley noted that it was one hour and twenty minutes past the time
for the scheduled Public Hearing.
PUBLIC HEARING ON PROPOSED COMPREHENSIVE LAND USE PLAN
Mayor Gourley called the hearing to order at 9:20 P.M., and turned the
meeting over to Mr. Bill Short, City Planner, for his presentation.
Mr. Short presented the proposed Comprehensive Plan and the areas of
concerns this plan deals with.
Mr. Short noted that this is the last official meeting before the adoption
of the Amended Comprehensive Land Use Plan. Mr. Short noted that the
Planning and Zoning Commission had adopted this plan in 1979 and the Council
had informally adopted this plan to be forwarded to the Metropolitan
Council for their review and adoption.
Mr. Short noted that this plan addresses land uses, thoroughfares, housing,
sewers, and parks.
Mr. Short pointed out the areas planned to be sewered by 1990, the class-
ification of the land, and what cound be done in each classification, the
designation of the park areas, the areas of highest density in relationship
to development.
Mr. Short pointed out that, in order to control the development in the areas
where sewer is not expected before 2000, the development will only be
allowed on lots 5 acres in size and a future plat will have to be submitted
at the time the land is divided. In some areas the development will be
allowed on one acre lots, but with a density of one unit per ten acres.
Mr. Short wen through each chapter of the plan explaining the designations
of the uses of the land and the reasons for such designations. Also, how
all these plans are tied into the land uses of the surrounding communities.
There were some questions from persons in the audience which Mr. Short
answered, pointing out that even after this plan is adopted by the City, it
may still be amended if the need arises.
Mr. Short also pointed out that, even though this plan is adopted, it is
not automatically law. Zoning maps must be published and a new zoning
ordinance must be written.
Mayor Gourley asked if there were any other questions and there were none.
Mr. Kulaszewicz moved to close the hearing. Seconded by Mr. Marier. Motion
carried unanimously. 10:55 P.M.
Mr. McLean moved to adopt the Comprehensive Land Use Plan by Resolution
81 -46. Seconded by Mr. Kulaszewicz. Motion carried unnaimously.
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December 28, 1981
RESOLUTION 81 -46
RESOLUTION ADOPTING THE CITY OF LINO LAKES' COMPREHENSIVE PLAN.
WHEREAS, The City Council of the City of Lino Lakes is the official
governing body of the City of Lino Lakes, and
WHEREAS, pursuant to Minnesota Statutes, Section 473.858, the City
of Lino Lakes is required to prepare a new Comprehensive
Plan and submit it to Metropolitan Council for review and
comment under the provision of Minnesota Statutes,
Section 473.175, and
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WHEREAS, The City of Lino Lakes heretofore prepared the Draft
Comprehensive Plan (December, 1980 /June, 1981) pursuant to
requirement of Minnesota Statute, Section 473.859, the Planning
Commission of the City of Lino Lakes approved the plan; the
City Council of the City of Lino Lakes accepted the Plan and
presented the Plan to the Metropolitan Council for review,
and
WHEREAS, upon review of the Plan the Metropolitan Council passed a
Resolution on August 27, 1981 which adopted the Lino Lakes
Draft Comprehensive Plan (Referral Report 81 -157) finding no
required plan modifications, and
WHEREAS, The City Council of the City of Lino Lakes is required by
Minnesota Statute, Section 473.864 to adopt the Plan
following its' approval by Metropolitan Council, and
WHEREAS, The City Council of the City of Lino Lakes finds the Plan
to be an essential policy guide to protect and promote the
health, safety and welfare of its' residents, to assure
corrdination with adjacent and affected governmental juris-
dictions and to provide equitable level of service from
Regional Systems through Metropolitan Planning for Airports,
Regional Recreation, Open Space, Transportation and Sewers,
THEREFORE BI IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES:
that the City Council hereby adopts the Comprehensive Plan (Dated
December 1980 and Revised, June, 1981) which shall replace and take
precedence over all previously adopted plans and amendments thereof for
the City of Lino Lakes.
Adopted by the City Council of the City of Lino Lakes this 28th day of
December, 1981.
Edna L. Sarner, Clerk - Treasurer
F. Kenneth Gourley, Mayor
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December 28, 1981
SETTING OF PUBLIC MEETING
IMayor Elect Benson requested that a Special Meeting be set for January
4, 1982 at 7:30 P.M. This was so set.
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REMAINING AGENDA.
Mr. Kulaszewicz moved to table the remaining agenda items. Seconded by
Mr. McLean. Motion carried unanimously.
121
Mr. McLean moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 11:10 P.M.
These minutes were considered and approved as corrected at a regular
Council meeting held on Janury 11, 1982.
Edna L. Sarner, Clerk - Treasurer
-- January 4, 1982
Mayor Benson called the special meeting to order at 7:32 P.M. January 4,
1982 noting that all Council members were present. Mr. Schumacher was
also present.
Mayor Benson presented the following areas of concerns that he felt should
be priority items for 1982. 1) communications - he felt this is a very
important item; 2) restoration of the pride of the local residents - he
felt this could be done by this Council and by the members of the advisory
board that will appointed; 3) this Council is here to serve all residents
of the City and this means listening to the people - he felt that hearing
what is being said is very important; 4) this City is in a period of
transitation and the residents are interested in what's going on,:in the City
and they should be kept informed by perhaps an open letter to all residents.
This he is working on. 5) there are serious financial problems in all Cities
and in the State and he felt this Council should be attuned: to those pro-
blems and take care in the spending of this City; 6) there will need to be
a zoning map prepared in conjunciton with the Comprehensive Land Use Plan
and he will expect input from the residents in the preparation; 7) there
should be better communication between the Police Department and Miantenance
Department and the residents; 8) he will reinstate the practice of having
a Council,member serve as a liaison to each of the advisory boards; 9) he
is suggesting that there be an open meeting for residents to sit down in-
formally and discuss problems and present ideas to the departments of the
City. Also, to discuss where the money is spent and for what in those
departments.
Mayor Benson also felt confident in his ability to run the City, he felt
that he has good judgement and felt that the voters who put him in the
office felt he has good judgement and he plans to exercise that judgement.
Mayor Benson said he also realized that he can't always agree with everyone,
that there will be differences of opinion, but when the decision are made
they will be made with all the facts being presented and made on a sound
basis.
He was also confident that the appointments to be made will present the