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HomeMy WebLinkAbout04/26/1982 Council Minutes176 Council Meeting April 12, 1982 Mayor Benson reported that he had received some additional names for members on the Police Board - these he gave to Mr. Kulaszewicz. Mayor Benson asked Mr. Doocy if he would take the names of persons that had been submitted for membership on the Task Force to the Planning and Zoning Board for their consideration and Mr. Doocy suggested they be given to Mr. Reinert. Mayor Benson asked if instruction should be given to this Task Force or should the Planning and Zoning indicate the members and come back to the Council for direction? It was generally felt the Council would make the final decision as to the makeup of the Task Force and the responsibilities would be then given to those persons. Mr. Reinert suggested that the Council look at the Solid Waste pick -up as it is now being handled in this City - perhaps the City could provide better service with one company rather than the three that operate within the City at the present time. Mr. Marier moved to adjourn at 10:10 P.M. Seconded by Mr. Kulaszewicz. Aye. Edna L. Sarner, Clerk- Treasurer Council Meeting April 26, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., by Mayor Benson. Members present: Elsenpeter, Marier, Reinert. Members absent: Kulaszewicz. Mr. Hawkins, Mr. Schumacher, Mr. Volk and Chief Myhre were also present. VFW PRESENTATION Commander George Zeihr introduced Mr. Gunderson who made a presentation of $300.00 to Mr. Ken Johnson, Chairman of the Lino Lakes Park and Recreation Commission. It was explained that the VFW has been donating $300.00 a month for approximately two and one half years for park equipment and maintenance. The second presentation was for $2,000.00 for the Police Department for safety and emergency equipment. Commander Zeihr introduced other members of the VFW: Gunnar Gunderson, Senior Vice Commander; Jack Danielson, Junior Vice Commander; Les Nelson, Quartermaster; Bill Bohjanen, Adjutant and in- coming Commander. Pictures were taken. Mayor Benson expressed his appreciation to the members of the VFW for contributing to the City and their presentation tonight. 1 Council Meeting April 26, 1982 MINUTES -APRIL 12, 1982 IIIMr. Marier moved to approve the minutes of April 12, 1982. Mrs. Elsenpeter seconded the motion. Motion carried unanimously. 1 1 DISBURSEMENTS - APRIL 26, 1982 Mr. Marier asked if this was the final fees for Babcock, Locher. Mr. Schumacher explained that there are about five legal cases Mr. Locher is still handling and there will be further charges until these cases are concluded. The Wilson Flooding claim and the Quadraminium Court Case are the two major cases. The $2.10 check for Mr. Kluegel was explained and the $1,995.00 fee for radar was paid by the Certificate of Indebtedness. Mayor Benson requested that when unusual expenses appear on the disbursement listing, there should be a brief explanation. 17r Mr. Marier moved to accept the Disbursements for April 26, 1982. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Norbert Dean Weber, 552 Birch Street Mr. Weber said it was suggested to him that his complaint be put on record and is so doing. This is in reference to the development of Shenandoah II and told the location of his own property. His concern is the flooding of the southeast corner of his property, an area 69' x 100' beginning in the fall of 1981 and continuing into 1982. In Mr. Weber's judgement this has been caused by the filling of several large swamps changing the course of the water runoff. The backfilling of the lots adjacent to his property created a ditch that never existed before and is holding water. The ditch is adjacent to his property line. The solution that is required is that the construction company drain off the flooded land and provide a practical and permanent solution to the problem. Mr. Weber has talked to Mr. Rehbein, owner of the construction company and Mr. Weber was assured that Mr. Rehbein would take care of the problem. To date nothing has been done. Mr. Weber stated the cut creating the new road between his property and the cemetary is creating a crumbling wall of earth and is causing a safety problem. He felt a retaining wall is needed to protect his property. Mr. Reinert asked how large the swamps were that were filled in? Mr. Weber did not know but there were many swamps and the area has changed. Mrs. Elsenpeter noted that this plat was sent to the Rice Creek Watershed District for their input and the City expects the Rice Creek Watershed District to know what they are doing yet this is the second area where there is a problem. Mr. Marier suggested that the inspector go out and give the Council a report. Mr. Marier made a motion to this effect. Mr. Benson suggested that Mr. Weber and Mr. Rehbein be contacted so that they can be there at the time of the inspection. Mr. Marier agreed that was a good idea. Mr. Reinert seconded the motion. Mr. Reinert asked Mr. Hawkins where this matter falls as to being a civil suit or whatever concerning the City. Mr. Hawkins explained that generally this is a civil suit between the landowners. He stated from the limited information that he has that since Mr. Rehbein followed 1.7 Council Meeting April 26, 1982 the platting process and the City accepted the plat there are no ordinances violated and therefore there would be a dispute between two landowners which is a civil matter. He suggested it may be beneficial to have the Engineer look at this matter. Mr. Reinert felt that the citizens were not getting proper benefit of their taxes since landowners pay taxes to watershed districts and they are not even inspecting these things. He felt it was time to meet with the Rice Creek Watershed District and ask them what they are giving us for our tax dollars and what kind of service they are providing this community. Mayor Benson called for the question. Motion carried unanimously. Mr. Reinert moved to ask for a meeting between the City and the Rice Creek Watershed District in the near future to discuss some of these problems. Mr. Marier seconded the motion. Mayor Benson suggested this meeting could be at the last Council meeting in May at 8:00 P.M. Motion carried unanimously. Mayor Benson said the Rice Creek Watershed District should be sent a letter asking them to attend this meeting and explain the reason for the meeting. Bradley Lindgren - Purchase of Henriksen Property Mr. Lindgren requested a variance be granted on the northeast corner of E.R. Henriksen property so that he can build on a two and one half acre lot, an area where there is now a five acre minimum for a building site. 1 Mr. Lindgren had a letter from Mr. Locher describing drainage easements. Mr. Schumacher pointed out the area for the Council and explained the actions of the previous Council III regarding Mr. Hendriksen's property and explained that the easement requirements have not been fully met. Mr. Marier moved that this request be moved to the Planning and Zoning Board and the Council will act upon their recommendations. Mr. Reinert seconded the motion. Mr. Marier asked that this be placed on the next Planning and Zoning Board agenda and the next Council agenda. The motion carried unanimously. LIQUOR APPLICATION - Lexington, Inc. Mr. Archie McAllister stated he has submitted an application for a liquor license for the former Rocky's North location. All the information has been forwarded to the Council. Mr. McAllister explained they intend to convert the business into a restaurant, bar instead of just a bar. Mr. Hawkins said he saw no reason a liquor license could not be issued to this corporation as long as wen Kulaszewicz is the resident shareholder. There are three problems; the taxes are delinquent and will have to be brought up to date, there is no insurance papers with the application and the third item is that the property has not yet been purchased or leased. Mr. McAllister explained that he expects an agreement with the present owner for purchase of the building by the end of the week. This includes settlement of the taxes. The insurance will be purchased when the building is updated. Mr. Hawkins asked if there were just the three share holders of this corporation (McAllister, Kulaszewicz, Seiberlich). Mr. McAllister said yes and is still an active corporation holding property in Lexington only at this time. Mr. Hawkins pointed out that the ordinance requires that the insurance has to be provided before the issuance of the license and a surety bond in the amount of 1 Council Meeting April 26, 1982 i7 $5,000.00 should have been submitted with the application for the license. Mr. McAllister said this is no problem, he could obtain this in the morning. Mr. Reinert asked if the City Attorney could determine if there is a conflict of interest and he would like to see more detail on how the building will be updated. Mr. Reinert moved to table the request for a liquor license until the next Council meeting and until all information is received. Mrs. Elsenpeter seconded the motion. Mr. Marier said he could see no conflict of interest here but felt further information is still needed and Mayor Benson said he would like further information about the "limited food ", etc. Mr. McAllister explained "limited food ". Mr. Hawkins explained the Council would like to make sure there is a purchase agreement and have someone draw plans so the Council can see what is going to be done. Mr. McAllister asked if he must purchase the property before the license is issued and Mr. Hawkins said it would be best to purchase the property contingent on receiving the liquor license. The vote on the motion, all members voted 'aye'. Motion carried unanimously. PLANNING AND ZONING REPORT Henry Miers - Variance Mr. Miers is requesting a variance to ordinance 21A to split off a parcel of 1.2 acres from his property for a building site. Mr. Schumacher said that the Planning and Zoning Board had recommended approval because this parcel is located in the Urban Service District and is consistent with the Land Use Plan. Mr. Marier moved to approve this variance. Mr. Reinert seconded the motion. Motion carried unanimously. Farview Signs - Variance Farview Sign Company has requested a variance to Ordinance #51 to maintain a sign built south of Cedar Street and East of County Road i84. This sign is already constructed and is not constructed where the Council has authorized it to be located. Mr. Schumacher explained the past Councils action regarding this sign and the fact that the permit was written for an incorrect location and the sign was erected at the incorrect location. To make this consistent the Planning and Zoning Board has recommended a variance to allow the sign to stay where it was erected rather than remove the sign. Mr. Reinert moved to grant a variance for the Farview Sign Company. Mr. Marier seconded the motion. Motion carried unanimously. Glenn Rehbein - Variance Mr. Karth, representing Glenn Rehbein has requested some direction from the Planning and Zoning Board concerning smaller house sizes in a plat. The Planning and Zoning Board requested that the Council do a study on Shenandoah II where small houses were permitted to see what effect the small house sizes have on that specific site. The Planning and Zoning Board had questioned, was there a need for smaller, lower cost houses or were the smaller houses built and later improved such as fireplaces, triple garages, etc. added. Mr. Marier suggested the Council decide what is required in a study and have Mr. Rehbein IIIdo the study and present the, study to the Council. Mr. Marier so moved. Seconded by Mr. Reinert. Mr. Reinert asked Mr. Marier if he was requesting Mr. Rehbein to do the study on his own subdivision? Mr. Marier said he should do the study because the Council does not know what all took place. Mr. Reinert suggested 180 Council Meeting April 26, 1982 that the records, regarding Shenandoah III be researched to determine why the Council had approved the small house size and then determine if the results were actually as planned. He further suggested that the Planning and Zoning Board or a task force study the small house size issue. Mayor Benson thought the minutes of the previous variance for small house sizes were quite extensive as to what was to be accomplished and these minutes should be researched. Mr. Reinert asked if the Council still intended to have Mr. Rehbein conduct the study and Mr. Marier said the motion could be amended. Mr. Reinert amended the motion to include that the Council get the facts of the matter first as to what the City expected in that particular pilot effort and with this in mind and then approach Mr. Rehbein and ask him specific questions relative to what the City expected. Mr. Marier seconded this amendment. The voting on the amendment, amendment passed by unanimous vote. On the motion of Mr. Mariers, the motion passed by unanimous vote. Advisory Task Force Mr. Schumacher reported that the Planning and Zoning Board has not taken any action regarding the Advisory Task Force appointments. CONSIDERATION OF SEWER AND WATER RATE STUDY Mr. Schumacher said that one of the major concerns at the last Council meeting was the questioning of the cost of the actual operation. Mr. Gary Groen of Anfinson, Hendrickson and himself had gathered the figures. Mr. Reinert had felt the costs of the salaries plus fringe benefits were excessive. Mr. Schumacher asked if Don Volk could review his figures regarding salaries so the Council will have a better understanding of where the man hours go. Mr, Volk gave a breakdown of salaries; a daily inspection of sewage lift station and well house seven days a week, 365 days a year, cost approximately $6,000 per year; billing costs for 1982, $1,000.00; general maintenance of the utility system such as hydraunt or sewer main flushing, twice a year, manhole, curb stop valves, hydraunt repairs as they occur during the year, state report filing monthly water testing, daily are included in the remaining $4,100.00. This is a total of $14,700 for salaries projected for 1982. Mr. Schumacher noted that the sewer and water operators must have a license and go to school every year to maintain this license. Mr. Volk said he and another maintenance person attend six days of seminars each year. Mr. Reinert asked if the use of the sewer and water system were doubled could you expect the cost of the operation to double. Mr. Volk said no and explained. Mr. Reinert asked why Andover with 32 customers have lower rates than Lino Lakes. What are they not doing? Mr. Volk did not know. Mr. Hawkins said he knows that the sewer hook up is much more than 32, the system is at least seven years old. (Clerks note: Called Pat at Andover, they have a new water system with 32 users, they charge a $600 hookup connection fee, system is badly in debt, they are living off the connection fee which at some date will have to be put into bond payment fund. Expect things to get better with more customers. Sewer connection presently in excess of 900. Also not doing well financially. Some areas do not generate enough income to Council Meeting April 26, 1982 pay Metropolitan Waste Control charges, considering rate increase in near future.) Mr. Marier asked Mr. Volk if he knew how other communities operate their systems. Mr. Volk said he was familiar with some. Mr. Marier noted Hugo operates their sewer at $15.00 a quarter, water at $9.00 a quarter and he also quoted other cities rates. Mr. Schumacher said he had asked Mr. Volk how they operate so inexpensively and he said they do not maintain their system. When there is a problem they call in a specialist, he resolves the problem and no further maintenance is done. 18! Mr. Groen had a publication, American Management Systems which states that if you wish to improve financial condition of a city it is important to have cost accounting done for all governmental services so that you have the information to make the decisions, be it police department, parks department, etc. He noted that in the past two or three years we have developed and started to identify the cost of operating the utility system. Now the question is how much of this cost should the user be financing and should the City subsidize or loan money to the system. He noted other small water systems in this state that has substantial users fees and said the one reason is the small number of users of the system and cost more to operate. Mayor Benson felt the biggest question at this time is can we zero in on how the costs can be reduced at this time until there are more users on this system. Mr. Groen said this was not a question that he could answer. Mr. Marier asked how many hours a day are spent in operating the system? Mr. Volk did not know. His figures were in dollars not hours. Mr. Groen stated these are the costs of the operation. The rates that are proposed are the rates that will cover the cost of the operation. At the present rates we are looking at a pretty significant deficit and the Council should make some decision on how to finance the deficit, be it an increase in users fees, a temporary loan from the General Fund or whatever. In 1982 the City is looking at a loss of $14,000 on the system. - Mr. Reinert questioned the high cost of salaries for the system. He felt not all of the salaries should be charged to the users. Mr. Marier said he wanted Mr. Schumacher to do a study on hours spent, what for,how work is performed on weekends, how may breakdowns in the past year, what kind of manhole repair we had, total hours of treatment and flushing. Mr. Marier moved to have Mr. Volk furnish Mr. Schumacher the items he asked for in the previous paragraph and Mr. Schumacher can present a summary to the Council and he moved to table the rate increase until the Council has the outcome of the study. Mr. Reinert seconded the motion. Motion carried unanimously. Mayor Benson thanked Mr. Groen and said the Council did not mean to imply they were questioning his figures. ATTORNEY's REPORT Mr. Hawkins said he did not have a report. CABLE TV STATUS REPORT Mrs. Elsenpeter showed the Council a map of the Initial Service Area. The City Hall will have a cable coming in and out of the Hall. 182 Council Meeting April 26, 1982 Mrs. Elsenpeter moved to set a public hearing for May 10, 1982 at 8:00 P.M. for the Request For Proposal. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Schumacher asked if he could have a copy of the draft. Mrs. Elsenpeter said they would be at City Hall this week before the main public hearing at Blaine on May 5, 1982. PARK BOARD REPORT Archaeological Research Services At the last Council meeting the Council authorized advertising for bids for an archaeological study of Country Lakes Park. We received only one bid of $928.00 from Archaeological Research Services. The Park Board recommended we go with this bid. Mrs. Elsenpeter moved that the Council authorize Archaeological Research Service to do the archaeological testing in the prehistoric site in Country Lake Park and that the funds come from the Dedicated Park Fund. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF COUNCIL LETTER RELATING TO GAS UTILITY CONCERNS Mr. Schumacher submitted a draft copy of a letter in response to letters received from Circle Pines concerning the gas utility. Mr. Reinert felt that the letter should not be as negative as the letters we received. He pointed out areas that could be changed. Mr. Marier moved to have Mr. Schumacher rewrite the opening paragraph of the letter. Mr. Reinert seconded the motion. Mayor Benson asked if he could sign the letter if he felt the letter was acceptable. The consensus was yes. On the voting of the motion, motion carried unanimously. ANOKA COUNTY RIGHT OF WAY DESIGNATION Mrs. Elsenpeter asked why the City has to deed over the additional ten feet that is part of our Park parking lot when they are paying the surrounding home owners for their ten feet. Mr. Schumacher explained that the City is negotiating for the County to take over 80th Street and it is difficult to go to the County and ask them to take over one mile of very deteriorated street and then ask for $2,500 for a ten foot right of way which according to Mr. Volk will have no impact on the parking lot. Also the improvement of Lake Drive is a benefit to Lino Lakes more than anyone else. Mr. Schumacher said he had met with Commissioner Lang and the Anoka County Engineer and they had inspected 80th Street. The City Engineer is researching some funding alternatives through the state and federal government so that the City could meet the County is looking at us meeting before they take over the street. Mayor Benson asked who sets the criterion and Mr. Schumacher thought possibly they would look to the County Engineer on this. There are no state statutes on this but they will want to lessen their burden as much as possible. Mayor Benson noted that if the City deeds over the ten foot right of way in front of Lino Park the City would like to determine some areas of the City that we would 1 1 Council Meeting April 26, 1982 like to address for future consideration at a later date. Mr. Hawkins noted the charter provides that no real property of the City can be disposed of except by ordinance. He suggested the City grant a permanent easement rather than drafting an ordinance. Mr. Marier suggested. Mr. Schumacher see if the County will accept a permanent easement. Mr. Marier moved to have Mr. Schumacher see if the County will accept a permanent easement. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF ACCEPTING POLICE OFFICERS RESIGNATION AND AUTHORIZING ADVERTISING FOR REPLACEMENT Chief Myhre told the Council that Officer Kenneth Kjer has submitted his resignation effective May 10, 1982. He has cited health problems and wishes to return to Wisconsin and gain back his health. Mr. Reinert asked what kind of hardship would it make on the Community if the City were to leave the position vacant? Chief Myhre said it would be extremely hard on Saturday and Sunday and there would be the possibility of back to back shifts. It could mean alot of overtime hours, a minimum of eight hours three out of four weekends. This does not include time that would have to be covered for vacations and schools. Mr. Reinert asked about a portion of the resignation letter that stated he had worked fourteen days in a row. Chief Myhre said this was by choice and explained how this occurred. Mr. Reinert asked Chief what his own shift was and Chief Myhre explained from 8:00 a.m. to 4:00 or 5:00 p.m five days a week. Mr. Marier asked about absenteeism and Chief Myhre said this was not a problem. Mayor Benson asked about a part time officer and Chief Myhre explained this is a problem because part time officers have full time jobs at some other location and are not available at the time they are needed. Mayor Benson said he had reservations about the letter written by Officer Kjer and felt maybe the termination date could be moved forward. Chief Myhre explained this would be terminating an officer and be a problem with the union contract. He said he did not see a problem with the May 5, 1982 date. It is two thirds of a pay period considering vacation Mr. Marier asked Chief Myhre if he has anything in writing where Officer Kjer says he has developed high blood pressure from pressures on the job. Chief Myhre said only his resignation ''letter. I8lS Mr. Reinert moved to accept the resignation of Officer Kenneth Kjer. Mrs. Elsenpeter seconded the. motion. Mr. Marier asked to amend the motion to accept just the resignation but not the letter. On the amendment the vote was unanimous for acceptance. Voting on the motion, carried unanimously. Chief Myhre stated he has one person left on his availability list and this person is available to be hired. Mr. Reinert moved to have the Council visit with each of the prospective officer candidates. Seconded by Mr. Marier. Motion carried unanimously. 184 Council Meeting April 26, 1982 OLD BUSINESS Charter Amendment Mr. Marier moved to have Mr. Schumacher and the City Attorney meet with the Charter Chairman and his constituents to iron out any questions we have on the charter at this time then bring to the Council their recommendations. Mrs. Elsenpeter seconded the motion. Motion carried unanimously. Budget Mr. Marier told the Council he and Mr. Schumacher had discussed the budget and would like by the next meeting that we come to a conclusion as to whether or not we will accept the present proposed budget or make some necessary cuts he feels that are necessary. Mr. Schumacher said he will outline Mr. Mariers philosophy as where the budget should be changed and come back to the Council with that proposal. Mr. Marier moved to authorize Mr. Schumacher to hire some part time help. Mr. Reinert seconded the motion. Motion carried unanimously. Street Improvements Mr. Volk has prepared a list of some of the major problem streets in the City. The list contains the name of the street and the number of feet of the street that needs extensive repair work. What he is looking for is for the Council to authorize the engineer to get involved, put some kind of program together with several alternatives of repairs with cost estimates. Mayor Benson asked if any of these streets could qualify for state aid funding. Mr. Schumacher said not this year but the engineer is working on this for 1983. Mr. Reinert asked that the list be put in priority order with cost estimates. A meeting with Don Volk, Don Marier and the City Engineer was set for Friday, April 30, 1982 at 11:00 a.m. Census Mr. Schumacher asked for authorization from the Council to have the Mayor sign the Census Contract so that it can be sent to Washington to get a special census moving as•soon as possible. Mr. Marier moved to authorize the Mayor to sign the Census Agreement. Mrs. Elsenpeter seconded the motion. Motion carried unanimously. NEW BUSINESS Contracts, Engineer and Fiscal Agent The City Attorney has reviewed the contracts for the engineer and fiscal agent. Mr. Marier moved to accept the contracts for the engineer and fiscal agent. Mr. Reinert seconded the motion. Motion carried unanimously. Council Meeting April 26, 1982 PROCLAMATIONS III1. Centennial School District - Centennial Pride Week, May 17, 1982 through May 22, 1982. Mayor Benson read the proclamation. 1 Mr. Reinert moved to proclaim the week of May 17,1982 through May 22, 1982 Centennial Pride Week. Mr. Marier seconded the motion. Motion carried unanimously. 2. Anoka County Humane Society - Be Kind to Animals Week, May 2, 1982 through May 8, 1982. Mayor Benson read the proclamation. Mr. Reinert moved to proclaim the week of May 2, 1982 through May 8, 1982 as Be Kind to Animals Week. Mr. Marier seconded the motion. Mr. Reinert moved to adjourn. Aye. Xl18� j11121a}) Edna L. Sa er, Clerk - Treasurer Council Meeting May 10, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., May 10, 1982 by Mayor Benson with all Council members present. Mr. Schumacher, Mr. Hawkins, Mr. Davidson, Mr. Volk, Chief Myhre, Mr. Kluegel and Mrs. Sarner were also present. MINUTES - APRIL 26, 1982 Mr. Marier moved to approve the minutes of April 26, 1982 as presented. Seconded by Mr. Reinert. Motion carried with Mr. Kulaszewicz abstaining. DISBURSEMENTS - April 30 /May 10, 1982 Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. OFFICER OF THE YEAR Chief Myhre presented Clifford Ross, Jr. with a Plaque: as "Officer of the Year" noting the accomplishments of the officer that earned this award. The Plaque was presented to Officer Ross by Mayor Benson adding the Thanks of the Council. OPEN MIKE Mr. Scherer presented a water problem he has with his neighbor. The general consensus