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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. 1 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. 134 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. 1 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 1') Council Meeting January 25, 1982 advisement and review for a 30 day period. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CABLE TV STATUS REPORT 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. 1 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. 140 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. i 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. CABLE TV STATUS REPORT