HomeMy WebLinkAbout03/03/1982 Council Minutes154
Special Council Meeting
March 3, 1982
The Special Meeting of the Lino Lakes City Council was called to order
at 6:39 P.M. with all members present. Mr. Hawkins and Mr. Schumacher
were also present.
This Special Meeting had been called for the purpose of interviewing
prospective Engineering Firms. The first firm to be heard was Toltz-
King- Duvall- Anderson (TKDA).
Mr. Casma and Mr. Davidson, representing this firm, presented their
credentials and areas of work their firm has either been involved with
or are involved with at the present time. Their schedule of payment
was discussed. There were questions from the Council which were ans-
wered by the representatives.
Mr. Duayne Elliott, representing Short - Elliott - Hendricksen, (SEH),
presented the proposal by that firm to include their current service
areas and work the firm has participated in in the past. The fee Schedule
was also discussed.
Mr. Pete Long, Bob Frigaard, and Mr. Larson representing Orr- Schelen-
Meyeron, (OSM) presented the credentials of their firm. The same pro -
cedure was foolowed as for the other firms.
Mr. Don Carley and Mr. Larry Winner representing the firm of Milner
Carley Engineering, made their presentation to the Council. The various
areas of involvement were discussed as was the fee schedule.
All firms were thanked by the Council and informed that as soon as the
Council makes a decision on this matter, they will be informed.
A recess was called at this point in the meeting. The meeting reconvened.
HOME RULE CHARTER
Mayor Benson asked the Council which of the Chapters they would prefer
to discuss first.
Mr. Schumacher referred to the Memo that had been sent to all Council
members in reference to the codification that has been started and the
additional work that had occured due to the requirements of the Charter.
Mr. Schumacher felt that since Mr. Hoff is doing the codification, it
would be more efficient to have Mr. Hoff w ±te these necessary ordinances
and incorporate them in the codification.
Mr. Hoff was asked about the time needed to write those ordinances and
he felt it would take approximately six (6) hours to write an Ordinance
for the improvement section. The other three required ordinances would
probably take another six (6) hours. He would estimate 12 to 15 hours
to complete all the ordinances.
Mr. Reinert requested to be brought up to date on the matter of the
codification which Mr. Schumacher did - stating that it would cost the
same amount whether the City Attorney did the Ordinances or Mr. Hoff
did the ordinances.
Since the improvement ordinance is the only one that has a time limit
I Mr. Hawkins said he felt it would be necessary to adopt the improvement
ordinance as soon as it is written but the other ones need only be done
in a reasonable time.
Special Council Meeting
March 3; 1982
set, Mayor Benson asked if it is necessary to have the otheres written
at this time?
155
Mr. Schumacher pointed out that since the Ordinances are in the process of
being condified and if these ordinances are written at this point in time,
they can be incorporated into the codification at this time. This will
eliminate the necessity of anemding the codification.
Mr. Marier moved to meet the requirements of the 120 day period on the
improvement ordinance and to authorize Mr. Hoff to draft the Resolution.
Seconded by Mr. Kulaszewicz.
Mrs. Elsenpeter amended the motion to read 'draft the Ordinance'. Mr.
Marier seconded the amendment.
The amendment carried unanimously.
Mr. Reinert felt that, in the future, such work as this should be done
by the City's Attorney.
Mayor Benson asked if this Council did not feel it would not be prudent
to adopt all four ordinance at this time and have this work done.
Mrs. Elsenpeter pointed the necessity of having the codification done was
to correct the fact there are ordinances taht are in conflict with other
ordinances. The City at that time did not bid on this project. She felt
that the other three ordinances should be included at this time. Mrs.
Elsenpeter moved to amend the motion to authorize Mr. Hoff to write these
required ordinances at this time. Seconded by Mr. Kulaszewicz. The amend-
ment carried unanimously.
On voting on the motion, the motion carried with Mr. Marier voting, No.
Certificates of Indebtedness, - Mr. Schumacher reportedoon the differences in
Anticipation Certificates and Emergency Debt Certificates and Certificates
of Indebtedness. Mr. Schumacher reported that he had talked with the
League and this provision had been omitted from their sample charter and
that is why is had been left out of this charter. He pointed out that
under the charter, if this provision is omitted, the City cannot legally
use that form of revenue.
Mr. Schumacher pointed out that Anticipation Certificates can only be used
in anticipation of revenue. Certificates of Indebtedness can only be
used for the purchase(of equipment and is an additional levy.
Mr. Hawkins explained this is a manner allowed by which Cities may purchase
eupipment without the need to go through a bonding issue.
Mayor Benson asked Mr. Hawkins if he had any recommendations on this mater
and Mr. Hawkins said he had found the Certificates of Indebtedness a very
useful tool to be used for the purchase of needed equipment.
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Special Council Meeting
March 3? 1982
Mayor Benson requested that Mr. Schumacher prepare an amendment to the
Charter for the inclusion of Certificates if Indebtedness for consider-
ation by the Charter Commission.
Chapter 5 - Section 5.07 - deals with 'referendum on Resolutions', this
had been discussed at the last meeting and the question of the legality
of this requirement had been brought up. One Attorney had felt that the
Resolution portion is not enforceable. The other point that had been
brought up was the fact that since the Charter does not have a separ-
ability clause, this makes the entire Charter illegal.
Mr. Weible tried to explain the difference between a Resolution and a
motion. Mr. Weible said there was no case law on this point.
It was pointed out that there is a Supreme Court decision on this matter
that states that a referendum on a Resolution is not lega. Mr. Hawkins
was asked his opinion and he asked to have some time to check this out.
Mayor Benson asked Mr. Flannery if he had a problem with this section and
he said, No. Mayor Benson asked why this Council has a problem with this
section and Mrs. Elsenpeter said the State Statute that allows for the
Charter, does not provide for a referendum on a Resolution.
Mr. Kulaszewicz suggested this matter be turned over to Mr. Hawkins for
an interpretation of this Section.
Mayor Benson agreed with this and asked Mr. Jawkins to get together with
Mr. Flannery to discuss the intent of the Charter Commission on this
matter.
Chapter 8 was discussed - the matter of one signature per ownership was
discussed with several different interpretations on this requirement.
Mr. Hawkins felt that if there is joint ownership, all owners must sign
to consitiute one benefited property.
The remaining portions of the Charter did not seem to present any questions,
on the part of the Council. (Mr. Weible went through but he was not
audible on the tape).
Mr. Schumacher questioned the 'Corporate Bond' requirement - Mr. Hawkins
explained.
Mrs. Elsenpeter asked what the Comission's example of a policy of how the
Council could be informed of the needs of the citizens? Mr. Weible could
not be understood).
Mayor Benson asked Mr. Hawkins to review the Charter for other questions
that should be presented to the Commission at this time. Also, the City
Administrator and Clerk. He commended the Commission and felt there are
only perhaps 6 of 7 areas of which there are questions. Mayor Benson
requested that Mr. Schumacher send a letter to each member of the Charter
Commission thanking them for their time and effort on putting this Charter
together. Also, indicate that the Council will implement this Charter
and ask the Commission to continue in order to assist the Council in
implementing the Charter.
Special Council Meeting
March 3, 1982
A recess was called at this point in the meeting. The meeting reconvened.
FIRE STUDY REPORT
i
Mr. Norm Fritchie presented a comprehensive summary of the Fire Study done
by an Advisory Commission. This deals with the type of service to be pro-
vided, hiw it is to be provided, and by whom.
Mr. Fritchie presented the area that could be covered, the response time,
the personnel necessary, the training needed, the equipment that would be
needed, the type of coverage that could be provided by various stations,,
and the basic needs to cover the City.
Mr. Fritchie presented the several plans for servicing the City and the
related costs as to equipment, personnel and training to each of the plans.
Mr. Reinert moved that Mrs. Elsenpeter, Mr. Schumacher and Chief Myhre work
with teh task force to provide some positive recommendations. Seconded by
Mr. Marier. Motion carried unanimously.
Mr. Fritchie questioned the time frame and Mayor Benson said, at their
own pace.
Mr. Schumacher will privide Mr. Fritchie the three proposals that had been
received ill this office.
Mr. Reinert moved to commend the Advisory Task Force on the time and effort
put into this report. Seconded by Mr. Kulaszewicz. Motion carried
unanimously.
BUDGET
Mr. Kulaszewicz moved to table this item until the March 8, 1982 agenda
to be put under Old Business. Seconded by Mr. Marier. Motion carried
unanimously.
Mr. Marier moved to adjour at 10:08 P.M. Seconded by Mr. Kulaszewicz. Aye.
These minutes were considered and approved at a regular meeting held on
March 22, 1982.
Edna L. Sarner, Clerk- Treasurer
r
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:`10- -son, Mayor
Council Meeting
March 8, 1982
The regular meeting of the Lino Lakes—City Council was called to order at
7:00 P.M., March 8, 1982 by Acting Mayor Reinert, with all members present
except Mayor Benson. Mr. Reinert noted that Mayor Benson should arrive
around 8:30 P.M.