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HomeMy WebLinkAbout03/22/1982 Council MinutesCouncil Meeting March 22, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:05 P.M., March 22, 1982 by Mayor Benson with Council members Elsenpeter and Kulaszewicz present IIIand Council members Marier and Reinert absent. Mr. Hawkins and Mr. Schumacher were also present. MINUTES - FEBRUARY 18, 1982 163 Mr. Kulaszewicz moved to approve the minutes of the Special Meeting held on February 18, 1982, as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. March 3, 1982 Minutes - Mrs. Elsenpeter moved to approve these minutes as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. March 8, 1982 Minutes - Mr. Kulaszewicz moved to approve the minutes as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. DISBURSEMENTS- MARCH 22, 1982 Mrs. Elsenpeter had a question on the expense checks - this will be discussed during the Public Hearing on the State Audit Report. Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mrs. Elsenpeter. Mayor Benson questioned the bill from Babcock, Locher and Mennela - the municipal portion - does this include the cost for the Supreme Court? He requested that this be broken down. Mayor Benson also questioned the bill for the Charter Commission - is IIIthis the final statement? The Clerk said she would contact Mr. Locher on this matter. The motion carried unanimously. MEETING WITH SHOREVIEW Mayor Benson asked if a date had been arrived at for this meeting? The Clerk said they had called and set the meeting for April 1, 1982 at 7:30 P.M. at the Shoreview City Hall. Mrs. Elsenpeter moved to meet with the Shoreview City Council on April 1, 1982 at 7:30 P.M. at the Shoreview City Hall. Mayor Benson asked that Mr. Marier and Mr. Reinert be contacted with this date. Motion was seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher to confirm this with Mr. Gary Dickson of Shoreview. PUBLIC HEARING - STATE AUDIT REPORT This public hearing was opened at 7:13 P.M. by Mayor Benson. He requested Mr. Schumacher to review the report. Mr. Schumacher went through each point, of which there were four, noting the State Auditor's report on each one. The State Auditor had noted that the question on the receipts for a project had been received in one year and disbursed in the next year. The transfer of the 72,680.00 for a special fund was proper and in order. The other transfer for administrative costs of other bond issues was in order, however, the III auditor had suggested using time cards. The practicality of this was questioned. The transfer of funds from the dedicated funds to the general funds was to repay the general funds for disbursements that had been for materials purchased from the dedicated funds. 164 Council Meeting March 22, 1982 There was a question on the budget - Mr. Schumacher pointed out that the budget published, was an estimated budget and had not been finalized. This budget was published due to the schedule for publication for the Federal Revenue Sharing Funds proposed usage. The Council member expense allowance was questionable according to the State Auditor and should be discontinued. They suggested that vouchers be presented for reimbursements. The last remarks from the State Auditor was on the contents of the minutes. It was felt that they should be more complete. Mr. Schumacher pointed out that to date the City has been billed $5,685.08. There has been 271 man hours spent in preparing this report. The billing represents the months of October, November, and December. This does not reflect any work done in January, February and March nor the exit interview. Mr. Schumacher had called the State office today and had been told there would not be any further billing. Mr. Schumacher said he could only conclude that the remaining costs would be absorb ed.by -the State. The matter of the expense check allowance was discussed - The Clerk reported that she had discussed this with the City Auditors and the practice of expense checks is not specifically prohibited in the State Law, therefore, they presume that it is permissible. Mayor Benson felt the final decision on this matter should be with a full Council. Mayor Benson asked if there was any questions from the audience and one lady said the sewer issue was not discussed. Mayor Benson pointed out this audit was not related to the sewer issue. Mr. Schumacher pointed out several concerns of the people such as reading Ordinance, reading the Resolutions, Council members using their microphones, more detail in the minutes. Mayor Benson asked about the Mayor being required to sign the official minutes - is there a bound copy? The Clerk said, yes and Mayor Benson said he would sign the minutes. Mr. Kulaszewicz moved to close the hearing at 7:35 P.M. Seconded by Mrs. Elsenpeter. Motion carried unanimously. CONSULTANTS Mayor Benson requested that this be an agenda item for the April 12, 1982 meeting to include the fiscal agent. Mayor Benson requested that in the next packets a reminder to review the two proposals for fiscal agent be reviewed before the meeting for the purposes of making a decision. Mrs. Elsenpeter suggested that a letter be written to the applying Engineers stating the reasons why a decision has not been made and letting them know that a decision on this matter should be made at the April 12th meeting. OPEN MIKE Mayor Benson reported that he had received three letters from Mr. Weible and he had had them copied for the Council members and he asked for a few moments to give the Council members a chance to read them. Mr. Weible had requested to appear before the Council to discuss three items but he will only comment on one. Council Meeting March 22, 1982 Mr. Weible's comments were addressed to the Comprehensive Plan and his objections to some of the provisions. He also felt that this Plan had been adopted without the proper input from the public and that a task force should be formed to review and recommend desired changes in the plan. Mrs. Elsenpeter disagreed with Mr. Weible's remarks on the lack of public input - she noted that the Planning and Zoning Board had formulated this plan, not the Council. This Plan had been in the process for at least two years and all meetings were open to the public. The Plan had at least one Public Hearing and had been approved by both the Planning and Zoning Board and the City Council at open meetings. Mr. McLean, from the audience, concurred with Mrs. Elsenpeter, stating that this planning process has been an ongoing action over several years. Mr. McLean suggested that perhaps since Mr. Weible is a fairly recent resident of the City, he would not be expected to know this. Mr. McLean also pointed out that the composition of the Planning and Zoning Board and the Council has had many changes over the years, so that there have been a variety of persons involved in this planning process. 16U Mayor Benson concurred with Mr. McLean's statements and that the Council is in the process of looking at a zoning map and a zoning ordinance in order to implement the plan. He said that a task force will be appointed to work with the Planning and Zoning Board and to present input from the public. Mayor Benson also felt that in the next few years, this plan will need to be updated and there will be changes necessary. Mr. Schumacher suggested moving Agenda Item #12, No. 1, for discussion at this point in the meeting. The Council agreed. STATUS REPORT - ZONING ORDINANCE - FLOOD PLAIN ORDINANCE - SHORE LAND MANAGEMENT. Mr. Schumacher said this is just a brief status report to inform the Council of the work that has been accomplished toward completion of these ordinances. Mr. Bill Short, Mr. Peter Kluegel and Mr. Schumacher have gone through the zoning ordinance and made some basic changes. This will be a Planning and Zoning agenda item at the April 14, 1982 meeting. The notice of these meetings will be published in order for the public to be aware of the discussion. Flood Plain Ordinance - a copy of this ordinance had been received from the DNR. This will be typed and sent to the planner and the Attorney for their comments. Shore Land Management - should be received from the DNR shortly - this had been discussed and that agency is in the process of making some changes to make this document more applicable to. Lino Lakes. There was discussion on the task force - how many persons should this be composed of? Mayor Benson suggested that the appointing of the task force be given to the Planning and Zoning Board and they should decide the number of persons to be on this Board. Mr. Benson emphasized that this Board should be composed of persons representing all areas of the community and should be composed of residents, business people and developers - all facets of the community should be equally represented. III Mrs. Elsenpeter moved to direct the City Clerk to place an ad in the Forest Lake Times, the White Bear Press and the Circulating Pines for persons interested in working on this task force and that they should respond by April 7, 1982. Seconded by Mr. Kulaszewicz. 166 Council Meeting March 22, 1982 The Clerk asked what should be the direction of the advertisement - what will the major items to be discussed; Mayor Benson said it would be to assist in the development of a Zoning Map and Zoning Ordinance in order to implement the Comprehensive Plan. Mayor Benson asked Mr. McLean to take this information back to the Planning and Zoning. Mrs. Elsenpeter amended her motion to request that all persons submitting their names for appointment to this task force, include their name, address, telephone number and whether the person is resident, business person or a developer. This response to be in writing. Mr. Kulaszewicz seconded. The Amendment carried unanimously. The original motion carried unanimously. ATTORNEY's REPORT Mr. Hawkins reported on the Council's request for his review of the Charter specifically in the area of Initiative and Referendum portion. Mr. Hawkins reported that Section 5.01 is worded giving the people more powers than the State law allows. Mr. Hawkins felt, that even though there is no severability provision in the Charter, the fact that this section is invalid, it does not invalidate the entire Charter. His recommendation to the Council is they make a recommendation to the Charter Commission that they review that section and revise it to have it comply to the Minnesota Statutes by eliminating the provision that deal with Resolutions and measures being subjected to referendums. Mayor Benson asked if there were any questions and Mr. Weible questioned the wording 'measures' - he did not feel this was in the Charter. Mr. Hawkins read it to him from the Charter. Mr. Hawkins went on to discuss the difference between an ordinance and a Resolution and to repeat that this language is too broad. Mr. Hawkins suggested this matter and several other small items that need to be changed be done by mutual agreement, and the changes be adopted by Ordinances. Mr. Schumacher suggested that there be a joint meeting with the Council and the Charter Commission be held once the codification is completed, and go through this together. Public Improvement Financing Policy - Mr. Hawkins discussed this policy with the Council and for the information of the public. This sets forth the manner in which bonding will be provided for developers and the methods of repayment. There are also provisions for the securing of payments. It was suggested this matter be forwarded to the Planning and Zoning Board for review and to consider input from the Task Force. Mayor Benson felt that there should be a full Council for consideration of this policy. Mrs. Elsenpeter felt that at the last Council meeting, Mr. Hawkins had been instructed to formulate this material for adoption before the bids are let on the Lakes Add. #7 project. The general consensus of the Council was that that project could be either approved or disapproved regardless of the action taken on this policy. Mr. Schumacher asked for some direction as to what is to be expected of the developer III on the Lakes Add. #7 project - his understanding was the project had been delayed in order for the Attorney to put these documents together and have ready for adoption at this meeting in order for the bids to be considered at the next meeting. 1 Council Meeting March 22, 1982 167 Mrs. Elsenpeter moved that these three documents be forwarded to the Planning and Zoning Board and in turn, they be reviewed by the Task Force and their recommendations be forwarded to the Council. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Kulaszewicz moved the procedure presented by the City Attorney be used for this project only on approval of the bid. Seconded by Mrs. Elsenpeter. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened at 9:00 P.M. Mr. Marier had arrived. PUBLIC HEARING - REZONING - NATHE This public hearing was called to order at 9:00 P.M. The Council was informed that Mr. Nathe had requested that consideration of this request be tabled. Mr. Marier moved to table consideration of the rezoning. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CLERK's REPORT The Clerk reported that Mr. Lang's office has called and cancelled the Tax Assistance meeting scheduled for April 7, 1982. This meeting had been scheduled to assist Senior Citizens with their property tax refund forms. The County will not have the tax statements out by that date. The meeting will be rescheduled. ATTORNEY's REPORT Mr. Hawkins had forwarded his fee schedule for Council. consideration. After some discussion, Mr. Kulaszewicz moved to approve this fee schedule. Seconded by Mr. Marier. Motion carried unanimously. There was some discussion on the matter of mileage and the issue of a conflict of interest. Mr. Hawkins said the mileage is a minor item and in case of a conflict of interest, Mr. Hawkins would withdraw from consideration from both communities and bring in a different firm to handle the case. PROJECTED REVENUES AND DISBURSEMENTS - 1982 Mr. Schumacher presented a graph showing the expected revenues and disbursements for the year 1982. He explained the highs and lows of this graph. Mr. Schumacher presented an example of what the City's 2.5 mil rate increase would represent to a home owner. This would make approximately a $25.00 raise in taxes on a $50,000.00 home. Mr. Marier felt the increase in the budget would not be met. There was a discussion on the anticipated receipts - Mr. Marier wanted the Certificates of Indebtedness included in the total. Mayor Benson asked what this Council wants to see in order to make a decision on this matter. Mr. Marier said he wanted the exact projected expenditures for the second quarter including all receipts and disbursements. 1 8 Council Meeting March 22, 1982 Mr. Schumacher said he wanted to know exactly what this Council is asking for - this chart that had been prepared was exactly what Mr. Reinert asked for at the last meeting. Mr. Marier offered to assist Mr. Schumacher in setting this up and Mr. Schumacher accepted his offer. Mrs. Elsenpeter pointed out that the money from the Certificates of Indebtedness have already been purchased and for a specific purpose and cannot be used for any other purpose. CABLE TV STATUS REPORT Mrs. Elsenpeter requested this Council set a time to hear a presentation from the Cable consultant in order to bring them up to date. A public hearing will probably be set for sometime in April and she felt it was important for the Council to be able to ask questions of this Consultant before the public hearing is set. This matter to be on the April 12, 1982 agenda. The Policy dealing with Lobbying has been rewritten should also be considered for adoption at the next meeting. PLANNING AND ZONING Moratorium on Subdividing Land - Mr. Schumacher presented a proposed Ordinance establishing a moratorium on all subdividing of land until the necessary zoning ordinance and zoning map has been prepared and published on conformance with the Comprehensive Plan. Mr. Hawkins had prepared such an Ordinance and this was presented to the Council for their consideration. This Ordinance may be introduced at this meeting, adopted at the April 12th meeting and does not become effective until May 12th. This is according to the restrictions of the Charter. Mrs. Elsenpeter moved to introduce the Ordinance on Moratorium on the development of land within the City of Lino Lakes. Seconded by Mr. Marier. Mayor Benson requested the Council to dispense with the reading of the Ordinance. The Council agreed. Motion carried unanimously. Trailer Permits - Mr. Schumacher reported on the Planning and Zoning Board's discussion on this matter as it is stated in Ordinance 6Q. They felt this provision is being misused and had suggested a graduated fee schedule in order to speed up the process of the construction of the home. Mr. Marier felt that one aspect is being eliminated - that a trailer permit only be issued in a 'hardship case' - the definitions of a 'hardship case' should be defined. He also stated that each case should be considered on an individual basis. Mr. Marier moved to define a 'hardship case' and to consider each application on an individual basis and to consider a fee schedule for informational purposes only. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OLD BUSINESS Set a Date for the final meeting with Mr. Loren Law. Mayor Benson said he would be out of town for the most part for the next two weeks. He suggested this matter be Council Meeting March 22, 1982 tabled for consideration until there is a full Council. Mr. Marier so moved. Seconded by Mr. Kulaszewicz. Motion carried unanimously. III Mayor Benson asked the Council for some direction as to answering the letters received from Mayor Dahl and Mr. Rapp of Circle Pines in reference to the gas utilities. He asked the members to forward their input to Mr. Schumacher on this matter before the next Council meeting. 1 Mayor Benson felt that the Council's direction to Mr. Kulaszewicz was for his gathering information and presented to the Council for their decision as to whether there should be a Police Advisory Board or a Police Commission. Mayor Benson asked Mr. Kulaszewicz when this information would be available. Mr. Kulaszewicz said he would have the information sometime in April. Mayor Benson reported on the status of the newsletter. He said he has several proposals and should have this solved sometime in April. Mrs. Elsenpeter referred to the Police questions - she referred to the advice given to Mr. Kulaszewicz as to whether this should be an Advisory Board or a Police Commission. She wanted it understood that this Council will make the decision before anyone is appointed. The Council agreed to this concept. Mr. Hawkins pointed out that the Charter does not allow for independent commission therefore this will be an Advisory Board. NEW BUSINESS Mr. Schumacher reminded the Council of the League of Minnesota Cities conference that will be held in Rochester, June 15 through 18. There is budgeted funds for four persons to attend this conference. Mrs. Elsenpeter reported on the seminars available and the knowledge that is to be gained. Mayor Benson asked Mr. Schumacher to compute the individual cost of each person for attendance to this conference and have this ready for the next meeting. Mayor Benson referred to the Action Alert from the League dealing with the budget cuts and some special legislation that was being proposed. Mayor Benson reported that he has requested Mr. Schumacher to contact the City's representative and inform him that the City supports the position of the League of Cities. Mr. Schumacher reported on his conversation with Mr. Valento. Mayor Benson asked the Council if they would prefer to discuss the new law that deals with 'manufactured housing'. Mr. Marier suggested that this be presented to the Planning and Zoning for their recommendations. Mr. Marier moved that this presentation be to the Planning and Zoning Board and that Body to report back to the Council in May. Seconded by Mr. Kulaszewicz. IIIMotion carried unanimously. Mr. Kulaszewicz moved to adjourn. Seconded by M -rie An Edna L. Sarner, Clerk- Treasurer