HomeMy WebLinkAbout01/25/1982 Council Minutes132
January 11, 1982
Several of the Council members were unsure if they would be able to
attend and informed Mr. Schumacher that they would get back to him soon.
Mr. Marier moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 10:30P.M
These minutes were considered, corrected and approved at a regular
meeting held on January 25, 1982.
hA„, 04,44:61,1„/
Edna L. Sarner, Clerk- Treasurer
Special Council Meeting
January 25, 1982 - 6:00 P.M.
The Special Meeting of the Lino Lakes City Council was called to order
at 6:00 P.M., January 25, 1982 with all Council Members present. Mr.
Locher and Mr. Schumacher were also present. This meeting had been
called to discuss the Home Rule Charter with members of the Charter
Commission.
Mayor Benson asked Mr. Weible to go through the Chapters in order that
the Council may be familar with the provisions of this Charter and to
discuss their ideas for the implementation of this document.
Mr. Weible noted that Saasically the form of government existing had not
been altered. There is a provision for having copies available at City
Hall - the number had been left up to the City Council.
Mayor Benson suggested that the City Staff get some cost comparisons
as to copying in the offices or having the printing done prefessionally.
Under Chapter 3 the major difference is the time delay between intro-
duction, adoption and date effective on ordinances and Resolutions.
Mr. Marier asked what is an emergency ordinance and Mr. Weible read the
definition from the Charter.
Me Weible pointed out that Ordinances do not take effect until 30 days
after publication and Resolutions take effect 14 days after passage.
Mr. Marier asked Mr. Locher about the rules set forth on the Resolutions.
He has a problem separating Resolutions and Motions.
Mr. Weible said there are,) ways in which the Charter can be amended.
Mr. Marier said he understood that point - he was concerned with Sec.
3.08. He asked Mr. Locher if there was a constitutional law on
Resolutions and Mr. Locher said he didn't know. Mr. Locher felt that
most Attorneys have a problem in separating motions and Resolutions.
Mr. Schumacher had a problem with Section 3.07 in that it would appear
this section requires publication of the full ordinance and publication
of a summary. There was discussion on this requirement with no clear
decision being made.
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Special Council Meeting p0
January 25, 1982
Chapter 4 deals with nominations and elections - Mr. Weible said this
basically deals with :when vacancies occur and how they can be filled.
Chapter 5 deals with Initiative, Referendum and Recall and Mr. Weible went
through this chapter. Mrs. Elsenpeter reminded Mr. Weible that the
Constitution of the State of Minnesota does not have any provisions for a
Referendum on a Resolution. Mr. Locher read the case law on this matter.
Mr. Weible said this had been pointed out to them, they had discussed the
matter and had decided to include a referendum on Resolutions in the
Charter. He said there is no specific case law on this matter in the State
of Minnesota.
Mrs. Elsenpeter said there had been a lot of work on this document and a
lot of money already spent and it would be a waste if this entire Charter
is declared void because of one requirement.
Mr. Flannery said this wouldn't make the entire Charter invalid - just this
section.
Mr. Locher will check further on this matter.
There were no questions on Chapter 8.
Chapter 7 deals with finance - Mr. Marier asked the purpose of Subd. 6 -
this requires annual publication of a 5 year financial plan. Mr. Weible
said, for better communications.
Mr. Schumacher said the formulation of a 5 year financial plan with the
uncertainty of State Aid, would probable be out of the window in six months.
It was generally felt that it would be a useless act on the part of anyone
to try and formulate a five year plan that made any sense with the financial
climate in such an unstable condition.
Mr. Schumacher had some questions on the Tax Anticipation Certificates,
Certificates of Indebtedness and the Emergency Debt Certificates - it would
appear that these definitions are mixed .up and unclear.
There was much discussion on this point with Mr. Schumacher pointing out
the differences in the various items as defined in this section.
Mr. Marier requested that the City obtain and interpretation of this Section
from the League of Cities.
Mayor Benson asked how much more time would be necessary to finish this
and Mr. Weible said at least an hour. Mayor Benson asked if this could be
continued at a future date and the Charter Commission agreed.
Mr. Marier moved to adjourn this meeting at 7:10 P.M. Seconded by Mr.
Kulaszewicz. Motion carried unanimously.
Council Meeting
January 25, 1982
The regular meeting of the Lino Lakes City Council was called to order at
7:22 P.M. by Mayor Benson with all Council members present. Mr. Locher and
Mr. Schumacher were also present.
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Council Meeting
January 25, 1982
Mayor Benson said he was departing from the regular routine in that the
Boy Scout Troop was present and would conduct the Pledge of Allegiance
to the Flag, which was done. The Council was presented with a Certificat
from the Troop.
Mayor Benson said that there was one Attorney to be interviewed and he
asked Mr. Marshall if he had any objections to presenting his ideas be-
fore an audience and Mr. Marshall said he did not.
Mr. Marshall presented his qualifications and proposal for serving as City
Attorney for the City of Lino Lakes to the City Council. The Council
thanked him for his time and information and said a decision will be made
at a later date.
MINUTES - JAUNUARY 11, 1982.
The Clerk noted that a motion had been omitted from these minutes and
should be inserted on page four, just before the recess was called and
should read; "Mr. Kulaszewicz moved to continue the Public Hearing on
Lakes Add. #7 until February 8, 1982. Seconded by Mr. Marier. Motion
carried unanimously."
On page five, 1st paragraph, the motion was seconded by MR. Reinert and
passed with Mr. Marier abstaining.
Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by
Mr. Marier. Motion carried unanimously.
DISBURSEMENTS - JANUARY 25, 1982
The Clerk noted that a check for Petty Cash in the amount of $152.22 is
included in the disbursements but is not on the list.
Mr. Kulaszewicz moved to approve the disbursements to include the Petty
Cash Check. Seconded by Mr. Reinert. Motion carried unanimously.
CONSIDERATION OF MUNICIPAL CONSULTANTS - 1982
Mr. Kulaszewicz moved to appoint Milner Carley Engineering as the City's
consulting Engineer for 1982. Seconded by Mr. Marier.
Mr. Reinert felt that the Council had agreed to look at all consultants
before making a decision and this included the Engineer.
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Mayor Benson agreed. It had been agreed to include all consulting firms
in this review and since no other firms were being considered, this motion
is premature.
Mr. Reinert felt that if the Attorney's poisition is to be considered,
the the same procedure must be done with all other consultants.
Mayor Benson said it was only fair to look more deeply in this area in
order to failiarize themselves with the work and what is available a nd
he would prefer to follow this procedure.
Mr. Marier said he was under the impression that Attorneys and Bonding
Agents were to be discussed, not any others. Mr. Marier called for the
question.
Council Meeting
janua y 25; 1982
135
On voting, the Motion failed, with Mayor Benson, Mr. Reinert and Mrs.
Elsenpeter voting against, and Mr. Kulasewicz and Mr. Marier voting in
favor.
Mr. Reinert moved to follow the same procedure on all Consultants as had
been done with the City Attorney.
Mr. Marier asked that these consultants be named and Mr. Reinert said,
Engineer, Planner and Fiscal Agent. Mrs. Elsenpeter seconded the motion.
Mr. Kulaszewicz ask to amend the motion that a time frame be established.
Mr. Reinert had no objections..
Mayor Benson asked that the motion include that the Engineering proposals
that have been submitted be reviewed before inviting any firms for an
interview. He felt the information available may be sufficient to make
a decision.
Mr. Reinert asked that the amendments be withdrawn - which was done - the
motion will be reworded to include these suggestions.
Mr. Reinert asked the Clerk to read the motion. The motion was as follows:
Mr. Reinert moved to follow the same procedure for all consultants as had
been done with the Attoreny, establishing a time frame for this work to
be accomplished, and to use the information available on Engineers before
interviewing the applicants. Seconded by Mrs. Elsenpeter. Motion carried
unanimously.
OPEN MIKE
Mrs. Stella Petersen appeared before the Council in conjunction with the
propsoed rate increase by NSP and informed the Council of a public hearing
being held on this matter and requested some input from this Council.
Mr. Reinert asked if anyone from the City attended these meetings and make
a statement and Mr. Schumacher said, No.
Mr. Reinert felt it would be in order to have Mr. Schumacher attend this
public hearing and make a statement in objection to this rate hike. Mrs.
Elsenpeter suggested it would be wise for aoCouncil member to attend. Mr.
Kulaszewicz moved that Mr. Schumacher write a letter to the Public Service
Commission in objection to this rate hike. Seconded by MR. Reinert. Motion
carried unanimously. A copy of the letter to be forwarded to the Anoka
People's Alliance for Change.
AL ROSENBOWER - LIQUOR LICENSE - ROCKY "S NORTH
Mr. Al Rosenbower, Attorney for Mr. Ernest Surman, Applicant, appeared be-
for the Council requesting that a liquor license be issued to Mr. Sruman
to operate Rocky's North. The actions of the previous Council was reviewed
and discussed. The reasons for the denial of the license was discussed.
The Police Chief's report and recommendation was reviewed and discussed.
After much discussion on this item, Mr.Kulaszewicz asked for a 5 minute
recess. The meeting reconvened. Mr. Marier moved to take this under
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Council Meeting
January 25, 1982
advisement and review for a 30 day period. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
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Mrs. Elsenpeter reported that the last meeting had been postponed due
to the weather but she had checked on the 5% of Gross Revenue figure
and this is set by law.
She also reported that in the packets is a copy of the final Lobbyist
Resolution. The previous Resolution adopted by this City is not the
same, there have been some changes. This Resolution should be reviewed
and altered to fit the needs of the City and considered for adoption.
Mayor Benson asked if she could point out the differences and Mrs.Elsen-
peter said, not without the original one to refer to. She will prepare
a report for the next Council meeting. Mrs. Elsenpeter pointed out hta
a copy of all persons who have registered for lobbying purposes is also
attached.
Mayor Benson asked if this is the Resolution that this City should adopt
and Mrs. Elsenpeter said, Yes, with modifications to fit this Council's
needs.
LYNDAL NELSON - VARIANCE - SIDE YARD SETBACK
Mr. Nelson is out of town and unable to attend this meeting. Mr. Reinert
moved to table. Seconed by Mr. Marier. Motion carried unanimously.
LICENSE - PERMIT FEE SCHEDULE
Mr. Schumacher reported that this study had been done this past summer.
Five different communities were used for comparison. The costs to the
City had also been computed. Mr. Schumacher pointed out a list of possible
revenue sources not in effect at this time which was attached for con-
sideration. There is also a suggested schedule for late fees and penalties.
MD.Reinert asked when these fees were last reviewed and Mr. Schumacher
said, they vary - some not since they were originally levied.
There were some questions on some of the specific suggested fees which
Mr. Schumacher explained. Mrs. Elsenpeter suggested that before the new
revenue sources are considered that the business community be invited to
come in and discuss these fees with the Council.
Mr. Schumacher pointed out there are two different issues - 1) ad4ust the
existing fees and 2) suggested new revenue sources that are submitted for
consideration - he is asking for direction.
Mr. Reinert questioned the sign permit fees - this is per the Uniform
Building Code. Mayor Benson - essential that this be dealt with tonight?
Mr. Schumacher said, the fee schedule should be considered as soon as
possible.
Mr. Reinert moved to adopt only the fee schedule at this time. The
other recommendations to be considered at a later date. Seconded by Mr.
Marier. Motion carried unanimously.
Council Meeting
Janua y 25; 1982
A recess was called at 8:55 P.M. The meeting reconvened at 9:04 P.M.
IIPUBLIC HEARING - RESHANAU SHORES PLAT
137
This land is being subdivided by Mr. George Gotwald. He presented Mr. Jim
Kurth, Land Surveyor, who presented the plat to the Council This land is
divided into 11 - 1 full acre lots on either side of 7th Avenue. Mr. Kurth
pointed out that Outlot A could possibly be developed in the future when
sanitary sewers are available and Outlot B is a marsh area. All buildings
sites will be 11/2 feet above the street and the septic systems will be 8'
above the normal water level and conform to the rules and regulations of
WPC -40.
Mr. Gotwald pointed out that the normal level of the lake is 879.6 and in
1965, the level was at 884.9. This was an all time high and the 100 year
storm level is computed at 885.2. The lowest elevation on any lot in the
plat is 888.0 and these would need to be filled to bring the building site
to 12' above the street.
Mr. Benson asked about the Spring snow melt and Mr. Gotwald explained that
the 100 year storm predictions takes all this into consideration.
There were questions on the septic systems and Mr. Gotwald pointed out that
all systems will be in front of the homes on the street side. Mr. Gotwald
told the Council that this plat conforms to the Lake Shore Management Act
even though the City has not adopted the Act.
I Mayor Benson asked Mr. Doocy, of the Planning and Zoning Board, if there had
been any questions they had problems with and Mr, Doocy said, No.
Mr. Schumacher asked if this had been presented to the Rice Creek Watershed
Board and Mr. Gotwald said, No, this Board will not consider a plat until
it is approved by the local Council. This will be presented to them for
their comment before the final plat is prepared.
Mr. Schumacher reminded the Council that the Park dedication has been taken
care of in the lands that were received in conjunction with the entire Lakes
Project.
Mr. Gotwald told the Council that at the present time there is only the
driving surface of the street in that area - there is no dedicated right -
of -way - this plat will insure the proper width of 7th Avenue it's entire
length.
Mr. Marier moved to approve the preliminary plat of Reshanau Shores as
presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mayor Benson closed the public hearing at 9:25 P.M.
BUILDING INSPECTOR - STATUS OF DuFOUR TRAILER PERMIT
Mr. Kluegel explained that this permit had been issued on a temporary basis
to allow Mr. DuFour to construct a home. He reported the foundation to
the home is in and backfilled. There has been a well drilled and a septic
system installed that is not complete at this point in time. Mr. Kluegel
said the last 90 day permit has expired and he would like some direction
from this Council as to a time frame.
138
Council Meering
January 25, 1982
Mrs. Elsenpeter said the Ordinance allows consecutive 90 day permits
for a period of one year. She felt that when this matter and been dis=
ussed before the Council, that teh decision of the Council at that time
was that the reissuance of the permit had been left to the discreation
of the Building Inspector for the one year period.
Mr. DuFour was asked how much longer he needed to complete the home and
he told the Council that he is building this home as money is available -
he does not plan to go to a bank and borrow any money.
There was discussion on this matter with Mr. Reinert wondering how this
was allowed to happen in the first place - he flet this is setting a
precedence.
Mr. Marier asked when the last effort was made to do any construction
work on this home and Mr. DuFour said he quit when the ground froze.
Mayor Benson asked if this wasn't supposed to move forward faster and
Mrs. Elsenpeter said Mr. Du Four was told that he had one year to com-
plete the home and that the trailer would have to be removed at that time.
Mr. Marier pointed out to Mr. DuFour there are rules and regulations that
he must follow, and these rules and regulations apply to everyone who
builds within this City.
Mayor Benson asked Mr. Kluegel what his recommendations on this woul d be
and Mr. Kluegel said he would continue to work with Mr. DuFour on this.
Mr. Reinert didn't feel this was a solid enough attitude and felt that
the Building Inspector will need to set a time frame. Mr. Reinert moved
that the Building Inspector be instructed to do everything necessary
to bring this matter to a conclusion. Seconded by Mr. Kulaszewicz.
Mrs. Elsenpeter asked if a date should be included? Mr. Kluegel suggested
August 1st. Mr. Reinert felt that was more than fair. Mr. DuFour said it
would not be completely finished. Mr. Reinert included this date in his
motion. Mr. Kulaszewicz accepted the amendment. Motion carried
unanimously.
RESOLUTION 82 -1
This Resolution deals with the Community Development Block Grant Funds
allocated to the City of Lino Lakes in 1981 to be used to assist low and
moderate income families. This money had been earmarked to assist those
families that qualified along the proposed Trunk Sewer Project on Lake
Drive but since that project has been halted, it will impossible for this
City to use the funds within the one year allowed by Law.
The City of Andover started a project and Mr. Schumacher had negotiated
the matter with Anoka to transfer the funds of Lino Lakes for 1981 to the
City of Andover and the City of Andover will transfer a like amount to
the City of Lino Lakes from their 1982 funds. Mr. Schumacher reported
that this has been discussed with Anoka County, they approve and the pape
work would be done by them.
Mr. Marier asked what assurance this City has that Andover will transfer
their funds to us? Mr. Schumacher said this is part of the Resolution.
Council Meeting
January 25; 1982
139
Mr. Marier asked if they have submitted such a Resolution and Mr. Schumacher
said, Not yet, but he would not submit this Resolution until they have.
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Mr. Reinert moved to approve Resolution 82 -1.. Seconded by Mr. Marier.
Motion carried unanimously.
DISCRETIONARY PLANNING GRANT FUNDS
Mr. Scumacher reported that this is the result of an application that he
had submitted for 1981 requesting the Metropolitan Council to consider
the City of Lino Lakes for these funds. Fifteen communities submitted
applications for these funds and Lino Lakes was ranked number 2 and will
receive $15,352.00 to be applied to the cost of preparing the Comprehensive
Land Use Plan.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Mr. Schumacher reported that the City will have approximately $83,000.00
to be spent in 1982. These are Federal Funds and must be used to benefit
low and moderate income persons and must be spent in fiscal year 1982 or
the City will lose the funds.
Mr. Schumacher reported that he had consulted with two representatives of
the Senior Citizens and they had felt that Mr. Schumacher's proposal to
build a community room for use by the Senior Citizens was an acceptable
program.
Mr. Schumacher reported that he had attended a Congregate Dining Luncheon
and discussed this with the entire group and encountered very positive re-
actions. There seemed to be some misunderstanding in that this would have
some effect on the dining arrangements as they now exist. Mr. Schumacher
had explained that the proposed building would have no relationship to the
dining arrangements, and there was general support of the idea at that time.
Mr. Reinert suggested taking some of the Senior Citizens to such an exist-
ing center so they could view it for themselves.
Mayor Benson felt this proposal was a good idea - Mr. Reinert asked where
the nearest facility was located and Mr. Schumacher said he thought Blaine
was constructing such a facility - he will check. Mr. Kulaszewicz suggested
looking for an empty building in Lino Lakes and use the money to remodel -
Mayor Benson wondered about the maintenance if this facility is separate
from the City Hall - It would be easier to maintain and control if it is
a part of the City Hall complex.
Mr.' Schumacher said he would gather more information and will put on the
next agenda for more discussion.
RESOLUTION 81 -3 JOINT LAW ENFORCEMENT COUNCIL
Chief Myhre explained the purpose of this Resolution and recommended that
Ithis City become a part of that organization.
Mr. Marier asked what the cost to the City would be and Chief Myhre said
there are no costs involved.
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Council Meeting
alanua;r 250 1982
Mr. Kulaszewicz moved to approve Resolution 81 -3. Seconded by Mr.
Marier. Motion carried unanimously.
OLD BUSINESS
The Clerk reported that an additional statement for the State Audit had
been received bringing the total cost to date to $5,685.00. She also
reported that no audit report had been received from the State as of
this date.
Mr. Marier suggested that a letter be sent to the State Auditor asking
for a report. Mr. Schumacher reported that he had talked with the
Auditor's office and had been told that a draft report has been prepared
but must be reviewed before the final report is prepared.
Mr. Kulaszewicz asked about the seminar that is scheduled for Friday,
January 29, 1982 and Mr. Schumacher explained.
Mayor Benson reported on the meeting with the four newspapers on the
matter of reaching all citizens of the City. These papers will prepare
a proposal and submit for Council consideration by February 15th.
ATTORNEY's REPORT
Mr. Locher had no report. Mr. Kulaszewicz reported that he had checked
on the costs involved in certifying the sewer project to the Supreme
Court and had been told the Attorney's fees to date were $677.00.
Mayor Benson reported that the Court case on the quads will be heard
the first week in March.
NEW BUSINESS
Mr. Marier asked that the second meeting in February be spent on balanc-
ing the budget. He asked that the Council meet and discuss this matter
and make a decision at that meeting.
Mr. Reinert asked Mr. Schumacher if the figures from the State as to the
cutbacks had been received? Mr. Schumacher said he was attending a
meeting on Wednesday of this week that should outline the Legislative
actions in this area. He also felt that the 1981 audit should be completed
in order to have fund balances figures available.
Mayor Benson felt there are two other items that should be addressed and
he asked that Mr. Schumacher begin the process on a zoning map and report
back at the February 8, 1982 meeting. This report to include a time frame.
The Council should also consider adopting the Shore Land Management Act.
Mayor Benson felt that the maintenance department should be commended on
the job they did in clearing the streets during and after the snow storm.
This department was the first out with the snow plows and the last ones
to be pulled off the streets. He asked Mr. Schumacher to make sure they
know that the Council felt that they did a very good job.
Mr. Marier moved to adjourn at 10:23 P.M. Seconded by Mr. Kulaszewicz.
Aye.
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Council Meeting
January 25; 1982
14]
These minutes were considered, corrected and adopted at a regular meeting
held on February 8, 1982.
ell-'4111-6i1-2:24._______ Edna L. arner, Clerk- Treasurer
Council Meeting
February 8, 1982
The regular meeting of the Lino Lakes City Council was called to order at
7:00 P.M., February 8, 1982, by Mayor Benson with Council members Elsenpeter
Marier, and Reinert present with Kulasewicz absent. Mr. Locher, Mr. Winner
Mr. Gotwald and Mr. Schumacher also present.
MINUTES - JANUARY 25, 1982
Mr. Schumacher corrected paragraph 3, page 8, second line, to read 'very
positive reactions', and after the word 'arrangements!. in the last line
delete the remainder of the sentence and insert 'and there was general
support of the idea, at that time'.
Mr. Marier asked if the minutes were proofread before they are sent to the
Council - he had found typo errors and misspelled words and he would like
perfect minutes to be sent to him.
III Mr. Marier moved that the minutes be proof read and be letter perfect before
they go to the Council. Seconded by Mr. Reinert. Motion carried
unanimously.
Mr. Reinert moved to approve the minutes as corrected. Seconded by Mr.
Marier. Motion carried unanimously.
DISBURSEMENTS - FEBRUARY 8, 1982
Mr. Marier moved to approve the disbursements as presented. Seconded by
Mr. Reinert. Motion carried unanimously.
OPEN MIKE
Mrs. Margaret Landeld, Council Woman from the City of Blaine appeared be-
fore the Council to speak on the work of the Alexandra House, a shelter for
battered wormen and to request this City Council to ear mark a portion of
the Community Development Block Grant Funds for this work.
The Council thanked her for her time and information and will consider
her request at a later date.
ADMINISTRATOR's REPORT
Mr. Schumacher reported on the. Ordinances concerned with the zoning as
set forth in the Comprehensive Land Use Plan and the Shoreland Management
Act. He would like to set a time line for the completion of thses new
Ordinances. Mr. Schumacher outlined the setps necessary for this work to
be ccomplished and felt it would take 60/90 days.
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