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HomeMy WebLinkAbout02/22/1982 Council MinutesIIIMINUTES - FEBRUARY 8, 1982 Council Meeting February 22, 1982 147 The regular meeting of the Lino Lakes City Council was called to order at 7:01 P.M., by Mayor Benson, on February 22, 1982, with all members present. Mr. Locher and Mr. Schumacher were also present. The Clerk reported that Mr. Winner, Engineer, had called with corrections to the minutes as follows: Page Three, first paragraph under Lakes Add. #7, fourth line, should read 'March 9, 1982'; next to the last paragraph, second line should read 'Carole's Estates i $ II' - third line, delete 'Carole's EstateS'and insert 'Forest Glen'. Mr. Marier moved to approve the minutes as corrected. Seconded by M Reinert. Motion carried with Mr. Kulaszewicz abstaining. DISBURSEMENTS - FEBRUARY 22, 1982 Mayor Benson questioned the charges at Tom Thumb - Mr. Volk explained that he purchases cleaning supplies basically because the City buys on such a small scale. The majority of the charges were for gas for City vehicles due to a malfunction of the pump at City Hall. Mr. Marier moved to approve the disbursements as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OPEN MIKE I There was no one who wished to appear before the Council in this area. PROPANE FUEL SYSTEM SUMMARY - MR. VOLK Mr. Volk had prepared a summary of the cost involved with this conversion. He stated that he would like to begin with one public works vehicle and one police vehicle and use this for a 2 to 3 months period. If this works out to the satisfaction of the Council, then he would recommend the conversion of the remaining vehicles. Mr. Marier had some questions on the loss of power, the loss of fuel and difficulty in starting on cold weather. Mr. Volk pointed out the savings on fuel costs and on maintenance on the vehicles. After quite a biT of discussion as to the pro's and con's of this proposal, Mr. Reinert moved to approve this conversion on an experimental basis for three months for two vehicles with a full report to the Council at the end of the period and to approve the bid as submitted by Texgas. Seconded by Mrs. Elsenpeter. Motion carried with Mr. Marier voting, No. LIQUOR LICENSE - ROCKY's NORTH Cheif Myhre had prepared quite an extensive report on the background of Mr. Surman and his connections with various other establishments and corporations. He recommended this license be denied. Mr. Rosenbower, Attorney for Mr. Surman, was present to answer questions. He also pointed out that he does not have a copy of this report and asked him her copy. if he could have one. Mrs. Elsenpeter gave ,9 Council Meeting February 22? 1982 Mr. Rosenbower stated that Mr. Surman is the sole owner of that establis- ment, and has no connections with the previous owners. Mr. Rosenbower indicated that all the corporations listed either do not exist or Mr. Surman is no longer a part of the corporation. There were some questions from the Council which Mr. Rosenbower gave answers, and some he did not have the answers. He refused to have the Council question Mr. Surman on some of these points stating that Mr. Surman would not answer any questions until he (Mr. Rosenbower) had an opportunity to study Chief Myhre's report. He did state that the license would be in the name of Mrs. Linda Lee Adams, who owns 10% of the corporation. 1 The Council reviewed the problems that Chief Myhre had documented with the establishment in Lino Lkaes and discussed some of the other aspects of this request. Mr. Kulaszewicz requested a 10 minutes recess at 8:05 P.M. The meeting reconvened at 8:20 P.M. Mrs. Elsenpeter moved to deny this liquor license on the basis that it would not be in the best interest of the citizens of Lino Lakes. Seconded by Mr. Marier. Motion carried unanimously. Mr. Rosenbower informed the Council that his client, Mr. Surman, would instigate a law suit to force the Council to issue this license. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mayor Benson asked Mr. Schumacher to report on the proposed project that had been received at his office. 1 Mr. Schumacher reported that he had received proposals for 1) give the funds to the Anoka County Rehabilitation program; 2) construct a storm shelter for the Mobile Home Court; 3) for the construction of a senior citizen residence. Mr. Schumacher reported that the City is not eligable for the Title 2 funds that would assist in this construction. This must be done by a non - profit organization such as a Church; 4) a senior citizen center addition to the City Hall, 5) Alexandra House, 6) utiltiy construction. Mr. Schumacher introduced Debbie Hibler, of Coon Rapids, who is the director of the senior citizen program in that City. Ms. Hibler reported that their program has only been in existance two years. In the begining it was hard to get even 15 persons to the center. Now, the membership is such that they need additional space. The programs are entirely in the hands of the senior citizens - this is their organ- ization and they control the manner in which it operates. An active senior citizen, Mrs. Evelyn Cartwright, presented her reasons for being a part of the organization and answered questions from the Council. The Council has some questions that Ms. Hibler answered. Mr. Reinert moved to designate $5,000.00 to the Alexandra House and the remainder of the money be spent for the construction of a Senior Citizen Center 1 Council Meeting February 22, 1982 connected to the City Hall. Seconded by Mrs. Elsenpeter. 14'2 II Mr. Marier moved to amend the motion to designate #10,000.00 to the Alexandra House and to leave the remainder of the motion intact. Seconded by Mr. Kulaszewicz. 1 On voting on the amendment, the motion carried unanimously. The Motion carried unanimously. TABLED PLANNING AND ZONING ITEMS. Variance - Mr. Gregg Olson - this concerns the installation of a septic system on a lakeside lot on West Shadow Lake Drive. Mr. Kluegel and Mr. Mobley presented the proposed system and answered questions from the Council in conjunction with this system. Mr. Marier moved to approve this recommendation per the Planning and Zoning Board's recommendations. Seconded by Mr. Kulaszewicz.Motion carried unanimously. Rezone - Nathe - Mr. Marier moved to set a Public Hearing on this rezoning application for March 22, 1982 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Special Use Permit Glenn Rehbein - this is for the construction of an addition to an existing building to be used for storage and light main- tenance of vehicles. Mr. Marier moved to approve this Special Use Permit to include the application for a building permit. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter abstaining. CONSIDERATION OF SQUAD CAR BIDS. Chief Myhre reported there are provisions for two new squad cars in the budget and financing is provided in the Certificates of Indebtedness. Cheif Myhre reported on the experiment with the Surburbans and now feels that, due to the change in the construction of engines, it is time to try another experiment. He recommended that the City purchase a Suburban and a Malibu. Rosedale Chev had submitted the lowest bids on these two cars; one Surburban - $11,560.00 - one Malibu - $10,907.00. There were questions from the Council on how the replacement of the vehicles is determined. Mr. Marier asked if these prices included the rebate and Chief Myhre said he wasn't sure, but would check it out. Mrs. Elsenpeter moved to accept the bid of Rosedale Chev for one Surburban at $11,650.00 and one Malibu at $10,907.00 and investigate the possibility of a rebate. Seconded by Mr. Reinert. Motion carried unanimously. IA recess was called at 9:30 P.M. The meeting reconvened at 9:40 P.M. CRAIG RAPP - CIRCLE PINES FRANCHISE Mr. Rapp, City Administrator for the City of Circle Pines, presented a re- 150 Council Meeting February 22, 1982 port on the part of the system that serves the City of Lino Lakes. Mr. Rapp gave a brief report on the history of this system pointing out that the franchise expires in 1986. He also pointed out that this has not been a profitable operation from the standpoint of the City of Circle Pines. The past few years have been much better due to an in- crease in the number of customers. Mr. Kulaszewicz questioned the monthly reports and Mr. Rapp said they were being sent to Mr. Zelinka. It was generally felt these reports should be sent to the City Hall and Mr. Rapp said they would do so. There was discussion of appointing a person to act a liaison to this commission with perhaps this person having a vote. At the present, the commission is a three man commission and there would need to be a vacancy before an appointment could take place. Mr. Marier asked what percentage Lino Lakes representes and Mr. Rapp said, 16% of the systems coustomers and 26% on a usage basis. Mr. Marier asked what percentageuof the overall costs is charged to Lino Lakes and Mr. Rapp said this is computed on a 74/26 basis. Mr. Marier looked at some of the figures and felt this'indicated a 37% charge to the Lino Lakes' system and felt this should be questioned and and explanation should be obtained on these costs. Mr. Reinert was concerned that the City of Lino Lakes does not have a voting member on the utility commission. Mr. Reinert respectfully requested, that at the next opening on that commission, a citizen of the City of Lino Lakes be considered for a seat on the commission. Mrs. Elsenpeter respectfully requested that instead of waiting for an opening, that the Circle Pines Council consider expanding the Commission to include a fourth member. Mayor Benson reminded the representatives th=at this agreement between the two Cities will come to an end and if the City of Circle Pines would like this agreement renegotiated, it would be to their advantage to have the lines of communications kept open. CLERKS's REPORT An application for a bingo license had been presented by St. Joseph's Church for five separate occasions. Mr. Locher had checked the application and found it to be in order. Mr. Marier moved to approve this application. Seconded by Mr.Reinert. Motion carried unanimously. FIRE STUDY RESORT This item will be considered under Old Business. APPOINTMENT OF CITY ATTORNEY Mr. Locher left the Council chamber while this consideration was taking place. 1 Council Meeting February 22, 1982 151 Mayor Benson felt the Council members had had time to consider the material that had been presented to them. Mr. Benson reported that he had done a study on how the costs related to different areas and felt that approximately 2/3's of the overall costs were spent on the criminal area. Mayor Benson said there had been very qualified persons present for the interviews and he felt that becaase of the presentations, this Council should take a look at some of the residents of the City - they are just as qualified as some of the other Attorneys and felt that a better service for the money spent would be had from these persons. Mrs. Elsenpeter asked if the members of this Council felt that a change in Attorney is needed? Mr. Reinert, Mr. Kulaszewicz, and Mr. Benson felt a change is needed. Mr. Marier felt no change is needed. Mrs. Elsenpeter asked that the Council consider Mr. Bill Hawkins, who is City Attorney for Centerville and does the criminal work from that City for our Police Department. Mr. Reinert was concerned with the possibility of a land dispute between the two Cities - who does the Attorney represent? Mayor Benson was concerned with the two contracts that exist between the two Cities - Police and Fire. Mrs. Elsenpeter felt this is an advantage - the costs can then be shared by both Cities. She pointed out that Mr. Hawkins had also allowed for a retainer which would cover many small items on a normal statement. Mr. Kulaszewicz said he had discussed the fact that one Attorney would represent two adjacent cities - this is done many times over. He had no problems with Mr. Bill Hawkins. He asked Mrs. Elsenpeter if that was a motion and Mrs. Elsenpeter said, No and asked the Chair if they were ready for a motion and Mayor Benson said, the motion is up to the Council. Mrs. Elsenpeter moved to appoint Mr. Bill Hawkins as Consulting Attorney. Seconded by Mr. Kulaszewicz. Mayor Benson felt that the Council has made a poor attempt of obtaining a City Attorney and he felt this is a mistake. Mr. Reinert felt that the communities referred to by Mr. Kulaszewicz were not contigeous and it was pointed out that they are. Mr. Marier called for the vote on the question by roll call vote. The voting was as follows; Mr. Kulaszewicz - Aye; Mr. Marier - Aye; Mr. Reinert - No; Mrs. Elsenpeter - Aye; Mayor Benson - No. Motion carried. Mayor Benson suggested that the method of payment with Mr. Hawkings should be discussed. Mrs Elsenpeter recommended that the City Administrator be directed to contact Mr. Hawkins and work this matter out to the satisfaction of this Council, to include a retainer fee. Mrs Elsenpeter so moved. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Benson and Mr. Reinert voting, No. Council Meeting February 22 ;_ 1982 - REPORT - NON - COLLECTIABLE ASSESSMENTS - UNBUILDABLE LOTS Mr. Schumacher reported on the status of these lots located on Black Duck Drive. The utilities were installed and assessed - there are approximately 14 lots that have gone tax forfeit and are located, according to DNR, in a wet lands area. Of the agencies whose permission is necessary to fill these lots, most were cooperative with the exception of the Corps of Engineers. There are several ways to handle this; 1) the City to work with the agencies, 2) the City could make one application for all the lots and get the necessary permits for the filling of these lots. Perhaps some developer could then be interested in purchasing those lots for development. Mr. Schumacher pointed out there is approximately $135,000.00 in assessments on those lots and in several years this could present a problem in the repayment of the bonds. Mayor Benson requested the City Administrator to check into this matter and report back to the Council in thirty days. ATTORNEY's REPORT Mr. Locher reported that the trial for the Quads is scheduled for March 2, 1982. Mr. Locher reported that he had dismissed the Supreme Court Case as of February 19, 1982. Mr. Locher reported on the status of the Farview Sign located on 22nd Ave. South which has been installed in the wrong location. They have asked permission to paint the advertisement on the sign. This will have no bearing on the moving of the sign. They have also asked for an application for a variance. OLD BUSINESS. This deals with the setting of a special meeting for the reviewing of applicant Engineers, the budget, the remaining sections of the Charter, and review the Fire Study Report. After some discussion, the meeting was scheduled for Wednesday, March 3, 1982 at 6:30 P.M. Police Commission - Mr. Kulaszewicz asked how many persons this commission should be composed of - Mrs. Elsenpeter felt the decision should be on whether this is to be a Commission or an Advisory Board. Mr. Kulaszewicz said he has a list of persons interested in serving on this Board. Mayor Benson asked that he pull this all together and report back to the Council. 1 1 1 Council Meeting February 22? 1982 NEW BUSINESS 15` Mr. Reinert asked that the transition of the Attornies be discussed. It was suggested this be worked out between the two Attornies. Mayor Benson asked Mr. Schumacher to contact Mr. Hawkins and forward this information to him and ask for his input as to the transition period and a figure, on his retainer fee. A letter from the City of Shoreview requesting a joint Council meeting had been received. Mayor Benson asked that several dates be presented at the meeting on March 3rd for their consideration. Mayor Benson reported on a meeting for natural disasters. This was passed on the City Administrator. If any one is interested, they can contact Mr. Schumacher for details. Mr. Schumacher introduced the final meeting with Mr. Loren Law. Mayor Benson asked that this be put on the next Council agenda. Mr. Schumacher reported on a letter from Anfinson Hendircksen proposing the bi- annual water and sewer rate study. Mr. Schumacher suggested this study be done on a five year basis and set up so it can be implemented as an administrative function. The general consensus of the Council was to proceed on this study. Mr. Reinert questioned the letter that had arrived this date from Mr. Sharpen dealing with the wet lands map as proposed by DNR. Mr. Reinert asked that an answer be given to this person. Cheif Myhre said it is necessary to appoint a member to serve on the Anoka County Joint Law Enforcement Council and it should be the Mayor or a member of the Council. Mr. Reinert moved to appoint Mr. Kulaszewicz to this position. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Marier moved to adjourn. Seconded by Mrs. Elsenpeter. Aye. 11:19 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on March 8, 1982. Edna L. Sarner, Clerk- Treasurer