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HomeMy WebLinkAbout07/08/1985 Council Minutes040 COUNCIL MEETING July 8, 1985 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M., July 8, 1985. Council members present: Reinert, Marier, Kulaszewicz. Mr. Bohjanen arrived at 7:05 P.M. City Attorney, Bill Hawkins; Administrator, Randy Schu- macher; Public Works Director, Don Volk; Police Chief, Dean Camp- bell and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - REGULAR MEETING, JUNE 24, 1985 AND SPECIAL MEETING. JUNE 24, 1985 Regular Meeting, June 24, 1985 - Mr. Marier moved to approve the minutes as presented. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Special Meeting, June 24, 1985 - Mr. Kulaszewicz moved to approve the minutes as presented. Mr. Marier seconded the motion. Motion carried with Mr. Reinert abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - JUNE 30, 1985 AND JULY 8, 1985 June 30, 1985 - Mr. Kulaszewicz moved to approve the Disbursements as presented. Mr. Reinert seconded the motion. Motion carried unanimously. July 8, 1985 - Mr. Reinert moved to approve the Disbursements as presented. Mr. Kulaszewicz seconded the motion. Mayor Benson noted there is an explanation behind nearly every item and said this does reduce the questions from the Council members. Mayor Benson asked about the bill for Bob's Circle Plumbing. Mr. Schumacher explained that this is for work completed in the Senior Citizens kitchen; hook up two sinks, sink heater, gas line to range, and coffee machine. On the vote, motion carried unanimously. OPEN MIKE A. Randy Schumacher - Property Taxes in Metro Area. Mr. Schumacher explained each year the twin city newspapers publish a list of Metro Area municipalities and their property taxes. Last year Lino Lakes was ranked number one, having the highest property taxes in the Metro Area. This year Lino Lakes dropped from the number one position to number sixty -seven out of ninty -five area municipalities. This sig- nificant drop is due largely to the drop in taxes for Centennial School District. Mr. Schumacher felt the area newspapers should point this out in their publications so all the citizens will know how Lino Lakes is doing in this area. Mr. Marier suggested sending this article to Forest Lake District #831 to show them what a district can do in this area. 1 1 1 COUNCIL MEETING 41 July 8, 1985 Page Two Mayor Benson said this shows what can happen when the City initiates programs and works with other entities to support reduction in taxes. Since this particular tax reduction required legislative action, it took some time but it does show what working together can accomplish. He suggested that Mr. Schumacher write a letter to Centennial School District praising them for this accomplishment and telling them we were pleased to work with them and will continue to do so in the future. He also suggested sending a letter to District #831 asking them if they would like to get together to see if there is anything this Council can do to help District #831 in Lino Lakes. Mr. Kulaszewicz moved to adopt Mayor Benson's suggestions. Mr. Mar - ier seconded the motion. Motion carried unanimously. PUBLIC WORKS DIRECTORS RECOMMENDATIONS ON "CHILDREN AT PLAY" SIGNS Mr. Volk had included in Council packets his recommendations for "Children at Play" signs; Official Rulings on Requests, U.S. Depart- ment of Transportation; information from MN /DOT - Office of State Aid and further information from the Institute of Transportation Engineers Southern California Section. All these agencies do not recommend posting these signs. However, Mr. Volk is recommending that this Council select an area and do a small survey as outlined in his memorandum and then decide if it would be beneficial to place these signs in other areas of the City. Mr. Volk suggested doing the survey in the Arena Acres since this is the most recent area to re- quest such signs. The survey would be completed before the fall months. Mr. Reinert suggested the survey be completed unannounced and descretely to get the most valid readings. Mr. Marier asked if this would meet the requests of the citizens of that area for the present time. Mr. Volk said yes. The Council will have to decide if they wish to keep the signs posted after . the survey period. Mr. Marier moved that the area be signed at the descretion of the Chief of Police and the Public Works Director. Mr. Reinert seconded the motion. Motion carried unanimously. PARK BOARD REPORT A. Sunset Oaks Park Dedication - Mr. Schumacher explained that Sunset Oaks park dedication has been under discussion since the plat was recorded in 1977. To date the plat consists of 280 acres and the dedication should have been 28 acres or $30,800 according to Ordinance 21B which was in effect at that time. To date a one -acre park and equipment with a total value of $9,700.00 has been dedicated to the City. The Park Board has recommended that the City obtain lots 13, 14, 15 and 16 of Block 2 plus a letter of credit or an escrow account in the amount of. $12,300.00 to fulfill the total dedication obliga- tions. 042 COUNCIL MEETING July 8, 1985 Page Three Mr. Roy Stanley is representing the owners of the Sunset Oaks Plat. He has met with Mr. Schumacher and the Park Board several times. There is some disagreement on the value of the property, however he was given examples of other plat owners who paid dedication fees based on the value of $1,100.00 per acre. Mr. Marier moved to accept the lots outlined in the Park Boardrecommend- ations along with a $12,300 escrow account. Mr. Kulaszewicz seconded the motion. Mr. Bohjanen asked if Mr. Stanley refused to be at the meetings. Mr. Schumacher explained no, he has been at several meetings, however he has questioned the value of $1,100.00 per acre as determined by the City. Voting on the motion, motion carried unanimously. ENGINEERS REPORT Mr. Schumacher explained Mr. Davidson could not attend tonight but has prepared an estimate of cost to review the Citys existing pneu- matic pneu- matic water system in the Lake Reshanau area. He has estimated the cost to be between $500 to $1000 and also estimates the study will be completed within a 30 -day time period. There is concern regarding the present system in this area since there has been and continues to be considerable development. Mayor Benson said the Council had information from Milner Carly several years ago indicating the system could support the area. Is this no longer the case? Mr. Volk explained that Milner Carly was looking at if there would be enough water for the area and there is. How- ever, it would not be more than a five minute supply if there was any type of well failure. Storage capacity is the problem. If the well went bad it could take 30 days or more to dig a new well and water would have to be hauled into this area. Mr. Marier said since Mr. Volk already knows the problem, why do a study. Mr. Volk explained that he does know the problem and he is asking for a study to determine how to remedy the problem. The study would give the Council some alternatives on how to get ade- quate water storage. Mr. Marier said this situation has been before the Council for at least a year now. Why not just say the City needs a water tower and have the City Engineer give the Council figures for that facility and not spend $500 - $1000.00 for a study that will only tell the Council the City needs a water tower. Mr. Reinert noted that the new proposal for the Black Duck area will have a large impact on the present water system. They should be in- cluded in any future assessment. Mr. Volk recommended that the City Engineer put together a program for water storage with a couple different alternatives for storage. This may also include a financing package. 1 1 1 043 COUNCIL MEETING July 8, 1985 Page Four Mayor Benson asked that the City Engineer be contacted and asked to provide some detail as to what the study will provide, how will the financing take place, who will be assessed. He asked for this information at the next Council Meeting. CONSIDERATION OF CITIZEN COMPLAINTS Mayor Benson explained this item is the result of a greviance pe- tition presented to the Council in April. The Council asked that each resident who had specific complaints file them with the City in writing. The Council has received three letters that deal with the Police Department and several letters were received dealing with other matters. Mayor Benson asked that anyone who has anything constructive to offer as to how the City can solve the problems mentioned in the complaint letters in the future should come to the podium and give their name and address. An individual will be given two to five minutes to give their comments. He also noted that most of the in- cidents mentioned in the letters happened several years ago. It would be difficult to make decisions on these past matters. Further, since the Police Chief has been with this City for only three months these complaints have been looked at in an impartial or objective manner. In addition last October the State mandated that when any complaints dealing with the conduct of an officer are received, the Chief must respond to the complainant within a specified period of time. Mayor Benson noted he had also received letters and calls from the community who were happy with the manner in which the po- lice officiers were conducting themselves and the department. The Council is looking for ways to improve relations with the Police Department and the community. He asked that anyone who has any ideas or comments as to how this can be accomplished should express them tonight. Judy Seekon - 889 Main Street - Mrs. Seekon referred to Chief Camp- bells letter to her responding to the complaints expressed in her letter to the Mayor and City Council. She wanted to know why he referred to outstanding warrants for her son. She explained her son has never had a warrant out for him. Mayor Benson asked if Mrs. Seekon's son was present to respond directly to Chief Campbell's letter. Mrs. Seekon said no he was at the Lino Lakes Rehabilitation Center and would not make any statements for fear of retaliation from the officers. Mrs. Seekon referred to the harrassment of her husband by the Police Department. She asked why Chief Campbell did not respond to her question on this matter. Mayor Benson explained that there are some instances when the Chief may not be aware of some of the problems the officers are responding to. This incident referred to by Mrs. Seekon occurred some time ago and former Chief Myhre was not available for his comments. 044 COUNCIL MEETING July 8, 1985 Page Five Mr. Seekon referred to an incident that occurred last week re- garding a police officer following him with flashing lights as he started to work about 2:30 A. M. The officer did not stop him and in fact turned on to another street. Mayor Benson explained the officer could have been responding to some emergency. Mr. Seekon said he did not think an emergency happens every day. This had happened to him several times late last summer. Mayor Benson noted that the Seekons live on Main Street which is the most traveled street by the Police Department in Lino Lakes. Mrs. Seekon asked why do the Police Officers constantly follow her son even though he is legally driving and not violating any traffic regulations? Mayor Benson said this should be monitored. Mrs. Seekon said that her son is constantly being stopped by the police officers who imply he is doing something wrong and she wanted this stopped. Mayor Benson noted three items brought out by Mrs. Seekon; 1) impli cation of warrants for her son; 2) incident on Friday involving Mr. Seekon; 3) officers following her son. He said these items will be checked. Mary Sundell - 7702 Lake Drive - Mrs. Sundell told the Council she felt she had been singled out by the Police Department for harrass- ment and felt alone but now find there have been other incidents. She said she was happy that other residents of Lino Lakes were stand ing up for their rights. Mrs. Sundell told of an incident in 1981 when she was taken to Anoka State Hospital, another instance when her father was stopped and treated as a criminal, her brother was stopped several times as well as her friends who were told they were out of their territory. Mrs. Sundell told of an incident that oc- curred this year where the police who had a warrant for her arrest broke down her front door rather than wait for her to open it. She expressed a concern of conflict of interest between the local liquor stores and some of the police officers. Two of the officers are related to one store owner and the officers have even been seen car- rying out liquor to customers cars while they are still in uniform. She said she felt this was inappropriate. Mrs. Sundell said she has not received any respect from the Police Department but since she has started to stand up for herself she has started to get more respect. Steve Helin - 890 Main Street - Mr. Helin now lives in Forest Lake. He stated he has seen a lot of favoritism from the Police Department. He related an instance he was stopped by officer Cliff Ross although he was not speeding or breaking any traffic regulations. It was determined Mr. Helin was driving after revocation of his drivers li- cense and Officer Ross issued a citation. About a half hour or so later, another Lino Lakes citizen was stopped by Officer Ross. This person was also driving after revocation but did not receive a cita- tion. Mr. Helin felt this was a clear case of favoritism. He also 1 1 1 045 COUNCIL MEETING July 8, 1985 Page Six stated he felt police officers should not work in cities where they were raised from childhood. He felt that some incidents that hap- pened to officers during childhood could later affect the officers duty on the job such as holding grudges. Mr. Helin said his mother :. was present tonight but would not make a statement. Ron Brown - 8011 Elbe Street - Mr. Brown related instances that hap- pened at his home about three years ago regarding some of his posses- sions being removed by his wifes former relatives. Mr. Brown called the Police Department to report the incident and Officer Costa arrived to take the report. During the time he was taking the re- port Officer Costa started calling Mr. Brown an alcoholic and told him he was wasting his time and said not to bother him again. Last July a person had gone into Mr. Brown's house and started caus- ing trouble. Mr. Brown removed the person from his house and called to report the incident to the Police Department. After the person was removed from the house everything had calmed down and after about one -half hour later, Officer Costa and another officer arrived. Officer Costa proceeded to poke his night stick in Mr. Brown's stomach and called him an alcoholic, trouble maker and other names and then tried to provoke another fight. He also told the Council that some of his friends have told him that Officer Costa has called him an alcoholic on other occassions. Mr. Brown continued, approximately, a month after this above inci- dent Chief Myhre arrived at the Brown residence to remove Mrs. Brown from the home and put her in protective custody because she had bruises on her arms and legs. He called Mr. Brown a wife beater, opened the screen door and came in and asked Mrs. Brown to come with him so she could be protected. Mr. Brown felt Chief Myhre was over- stepping his authority, he should have returned to his office and called the Anoka authorities to take care of the problem. Mr. Brown said in his opinion there have been too many things hap- pening with the entire Police Department that are questionable. His personal harrassment has stopped but it has transferred to other people. Ed Seekon - 889 Main Street - Mr. Seekon said there are several in- cidents where lawyers have been hired to look into the allegations and the citizens who are involved are not coming before the Council under the advice of their lawyers. He wanted the Council to know that there are other incidents similar to what happened at the Brown residence. Judy Helin and Susan DuFour told the Council they would not make any comment as advised by their attornies. COUNCIL MEETING July 8, 1985 Page Seven The Council took a five minute break and returned at 8:12 P.M. Mayor Benson said many incidents stated tonight date back quite a while, but some do deal with continuing survellience of certain individuals. The Council can take this under advisement and see what can be done about it. The Chief can address the harrassment in his discipline. Chief Campbell has attempted to answer some of the complaints. However, some may never be answered to everyones satisfaction because of the lapse of time. This Council and the Chief of Police will work to try to prevent this from occurring in the future. If it does happen again, the problems should be brought to the Council before any significant lapse of time. Chief Campbell said in all fairness he could not address what hap- pened several years ago or before he became Chief. Some of these things may not be logged. However, he would want to hear about anything that should occur in the future. Mrs. Seekon said some of these things are still going on. Chief Campbell asked that when they do occur, come into the office and talk to him personally. Chief Campbell said he would look into the incident that happened to Mr. Seekon on Friday morning. From now on there will be a "no nonsense" approach, the officers will act professionally but still be concerned about the people of the community. They will get out of their cars and talk to the citizens. He has already had some positive comments about this. Mr. Bohjanen said that since Chief Campbell was hired he has heard nothing but positive comments from the community. Mayor Benson thanked the residents and asked that they let Chief Campbell know when there is a problem. The Council is here_ to serve the community. 1 ATTORNEYS REPORT Mr. Hawkins did not have a report. CONSIDERATION OF BIDS RECEIVED FOR THE SALE OF LOTS ON BLACK DUCK DRIVE Mr. Schumacher explained two bids were received, both on the bid forms supplied by the City. G. M. Development bid $3,000 per lot for a total of $30,000.00 and Roger and James Nelson bid $4,815.00 on Lot 2, Block 7 and $790.00 on Lot 1, Block 10 only. Mr. Schumacher said that re- cently the City has been looking at the need of expanding its water system and recommended that Lot 2, Block 7, be withdrawn for this pur- pose. Mr. Marier asked if this was done how valid would the bids be? Mr. Hawkins said the bid form says the Council can reject any or all of 1 1 1 047 COUNCIL. MEETING July 8, 1985 Page Eight the bids and he could interpret this to mean that the Council could approve or reject the entire bid but could not pick and choose, either accept or reject their total bid. Mr. Reinert said G. M. Development has not appeared before the Council to present their plans for either the Black Duck lots or the area they purchased from NSP. He is concerned that this City get references from other Cities regarding their previous develop- ments as well as obtaining financial committments. Mr. Schumacher explained that he has had several meetings with Mr. Ude of G. M. Development and Mr. Ude has explained to him that they plan to build homes valued at $90,000.00 and up and wanted the con- trol of the houses on Black Duck approaching his development. Mr. Schumacher said Mr. Ude is preparing a presentation for the Council and for the area residents. Mr. Schumacher told the Council that there is a considerable amount of assessments on these lots and would like to see them developed as soon as possible so the City does not have to levy for the assess- ments. The sooner the City takes some . action, the sooner there will be some development and the sooner the City can invest the money that will come from the sale of the lots. Mr. Reinert asked how does the City know G. M. Development is fin- ancially capable and when will the City see some proposals on paper from them. The impact on this area will be considerable. Mr. Schu- macher explained this area is a plat of record and all the lots have municipal water and sewer already installed. The developer does not have to come before the Council because he will not be asking anything from the City. Mayor Benson suggested tabling the sale of the lots until it is de- termined if Lot 2, Block 7 will be needed for future expansion of the municipal water supply and also look into using some of the Coun- ty Park property for water storage. Mr. Schumacher explained it could be difficult to get fill permits for this area from the DNR to construct water storage facilities. Mr. Marier said there are two things that should be considered; 1) is G. M. Development capable of their proposed development and; 2) if Lot 2, Block 7 is pulled from the bid will the whole bid have to be resubmitted. Mr. Kulaszewicz moved to table this item. Mr. Reinert seconded the motion. Motion carried with Mr. Marier voting, no. Mr. Reinert moved to have Mr. Schumacher do some background checking on G. M. Development and also check their financial capabilities. Mr. Marier seconded the motion. Motion carried unanimously. 048 COUNCIL MEETING July 8, 1985 Page Nine REVIEW OF NEW LEGISLATION AFFECTING LINO LAKES Mr. Schumacher had included in the Council packets a brief summary of all legislation affecting Lino Lakes. The most significant issue is the change in the State Aid formula which will give Lino Lakes an additional $22,000.00 in state aid. The new legislation regarding law enforcement agencies now requires that there be no more than two part -time positions. Lino Lakes presently has four part -time positions in its Police Department. If in the future our part -time positions drop below two it can never be raised above two. Mayor Benson asked about affidavits of candidacy. Mr. Schumacher explained it changes the period of time when persons may file as candidates for election. Mr. Reinert asked about the item dealing with changing Comprehensive Plans. It appeared to him that the new legislation has moved the responsibilities of changing the Comprehensive Plan from the elected officials to the Planning and Zoning Board who are not elected. Ma- yor Benson suggested that if the Council had any thoughts on this matter, they should direct them to the legislature. Mr. Schumacher explained that this summary of new legislation does not include legislation from the special session. OLD BUSINESS A. Zack Johnson Merger - Mr. Schumacher told the Council Mr. Johnson has left Consulting Engineers Diversified, Inc. (CED) and is now with R. L. Wuornos & Associates. He thought Mr. Johnson should make a presentation to the Council regarding this change. Mayor Benson asked to have Mr. Johnson at the July 10, 1985 Work Session to find out about the change in association. B. Action Taken on Audit Recommendations - Mr. Schumacher told the Council the audit needs to be published, however the Council will have to pass a motion adopting the audit before this can be done. Also the Council has not appointed the Official Depositories for 1985 and a list was included in the Council packet. Mayor Benson pointed out that Jim Shaffer is no longer at the First State Bank of Hugo and asked that this list be updated before the Council moved for approval. Included in the packet was a summary list of actions taken on the audit report. Mr. Marier asked what was going to be done about the individual who is in arrears on a large assessment. Mr. Hawkins explained there wasn't anything legally that could be done other than to allow the property to go tax forfeit and then the City would obtain the property. Mr. Schumacher has had several conversations with the landowners and they plan to pay their assessments as each lot is developed. Mayor Benson felt this should be brought out publically and the Developer should be required to pay his assessments. 1 1 1 COUNCIL MEETING 049 July 8, 1985 Page Ten Mr. Marier moved to send a letter to the developer telling him that in one year the property will become tax delinquent and the County will take action to foreclose on the property. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Marier said he was surprised there were so many items to be reviewed or monitored by this City and hoped the next audit would be more positive. Mr. Reinert moved to accept the audit. Mr. Bohjanen seconded the motion. Motion carried unanimously. NEW BUSINESS A. Tentative Meeting With Rice Creek Watershed District and Anoka County, July 25, 1985 - 4th Avenue Watershed Study. This meeting will be at 7:00 P.M. at the Lino Lakes City Hall. The Clerk will send the Council verification of the meeting. B. Comparable Worth Study - This City has joined in the MAMA Joint Comparable Worth Study and included in the Council packet is an outline of what the staff will be doing as the study continues. If the Council has a concern or question they should let him know. Mayor Benson suggested that Mr. Schumacher should keep a record of the time and cost involved complying with this legislative mandate and then let the legislature know what this has cost Lino Lakes. Mr. Marier referenced a letter the Council had received from Mr. Kelling and his request to have support from this Council regarding pending action by the Federal Senate and Legislature regarding re- structuring federal income taxes. Mr. Marier had received a call from Mr. Kelling explaining his request, he asked their support to keeping the federal deduction of state income taxes. Mayor Benson suggested Mr. Kelling come before the Council with a sample letter for them to consider. Mr. Kulaszewicz moved to adjourn at 8:55 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered, corrected, and approved at a regular meeting of the City Council on July 22, 1985. Marilyn C. Anderson, City Clerk \. /(: Benj amin i ensdn, Mayor