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HomeMy WebLinkAbout01/13/1986 Council Minutes1 1 1 COUNCIL MEETING January 13, 1986 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M. by Mayor Benson. Council members pre - sent: Marier, Bisel, Bohjanen and Reinert. City Attorney, Bill Hawkins; Engineer, Bob Toddie; Building Official, Peter Kluegel; Chief of Police, Dean Campbell and Clerk- Treasurer, Marilyn And- erson were also present. OATH OF OFFICE - BILL HAWKINS The Oath of Office was administered by Mr. Hawkins to Mayor Benson, Council Member Reinert and Council Member Bisel. CONSIDERATION AND APPROVAL OF MINUTES Joint Council Meeting - December 17, 1985 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried with Mr. Marier and Mr. Bisel abstaining. Regular Council Meeting, - December 23, 1985 - Mr. Reinert moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mr. Bisel abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS December 31, 1985 - Mr. Marier moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unanimously. January 13, 1986 - Mr. Reinert moved to approve these disbursements as presented. Mr. Bohjanen seconded the motion. Mayor Benson asked about the disbursement to Bob's Circle Plumbing to thaw pipes. The Clerk explained pipes were thawed in the Senior Center and the cost will be taken from the contractors bond or insurance. Voting on the motion, motion carried unanimously. OPEN MIKE A. Circle Lex V.F.W. Post #6583, Tom Zangala - Mr. Zangala pre- sented keys to Police Chief Campbell for an all terrain four wheel drive vehicle for use by the Police Department. Chief Campbell thanked the V. F. W. and said that the vehicle has already been a proven piece of equipment and is very much appreciated. Mayor Benson thanked the Circle Lex. V. F. W. on behalf of the City and explained various organizations from time to time do- nate money and equipment for City use. These donations are used for a good cause and are very much appreciated. 245 246 COUNCIL MEETING January 13, 1986 Page Two B. Larry Swistowski - Sign - Mr. Swistowski explained he has a sign on his property on East 81st Street. This sign faces the freeway and advertises his own business. A sign permit was issued for the sign with the stipulation that the sign be removed by December 31, 1985. He asked for an extension of this sign permit to allow time for his new small store to become somewhat established and until the snow melts enough to allow access to the sign. Mr. Bohjanen asked if the sign will be changed in any manner. Mr. Swistowski said, no. Mr. Bohjanen moved to allow the sign to remain until March 15, 1986. Mr. Marier seconded the motion. Motion carried unanimously. C. Jan Apitz - Police Department - Mrs. Apitz appeared before the Council to represent some of the businessmen and some of the residents of Lino Lakes. She said that two police officers escorted her to this meeting because she had received a phone call threat- ening her if she appeared before the Council this evening. She did not feel comfortable reporting the threatening phone call to the Lino Lakes Police Department and reported it to an outside law enforcement agency. This agency has been told other things. Mrs. Apitz explained she had talked to an ex- reserve officer and felt she should look into some of the things that have been going on in the Police Department. Steve Brown quit the reserves because he does not feel safe. He as well as some other officers cannot count on having some officers back them up when they are out on the street. In addition A shift is passing on calls to B shift when there is plenty of time to take the call themselves. Mrs. Apitz talked to Trippel's Market and was told they are unhappy with the police protection and seldom see a police squad. She understood they only receive four days police protection. She asked why are some part time officers working 1500 hours a year when state law requires no more than 1040 hours per year. Mrs. Apitz said that the Police Department was over budget in 1985 and asked why there was four officers working during the day for almost four months last summer? One recommendation of the Police Task Force was the formation of a Police Commission. She asked the Council to look into forming a Police Commission and volunteered her time to help form the commission. She thanked the Council for listening to her this evening. Mayor Benson addressed several items raised by Mrs. Apitz. He told her the Police Department was not over budget. He has not heard from Trippel's Market but did receive a call from the Mayor of Centerville who said there were some concerns in that area. Mayor Benson referred to a report sent to the Council by the 1 1 1 1 1 COUNCIL MEETING January 13, 1986 Page Three Police Task Force and noted items that have already been addressed; City will hire one more police officer; Chief is not just an administrative person but does spend time in the squad on patrol; a sergeant has not been appointed as recommended; three cars and one suburban are currently used by the Police Department; remodel- ing has been completed and the Police Department office space has doubled with a locked security room and an interrogation room; officer training schedules will be completed by Chief Campbell shortly and given to the Council for approval; the Council has asked that procedures be developed for comparison of work levels and later tonight he will recommend to the Council that Lino Lakes form a Police Commission of Police Committee with probably three members. This committee or commission will field questions and problems and act as a liason to the Council. They could meet quarterly or as questions arise and there will be a liason from the Council. This liason will bring to the Council names of person who would serve on the commission or committee for Council consid- eration. He explained that at the beginning of each year when all other appointments are made would be a good time to appoint this commission or committee. Mayor Benson said the City has addressed most of the concerns in the report but concerns raised tonight have not been previously heard by all the Council. Mr. Reinert asked Mrs. Apitz to outline what she sees as the roll of a police commission. Mrs. Apitz said she would like to see the Police Department as a whole, not as two groups where all officers stick together and back one another no matter what the circumstances. Mr. Reinert felt this was an administrative roll, and asked how the commission would address this issue. She said the commission could sit down with the officers and look at all aspects and all sides. She would not call it a sounding board but there has to be somebody to go to and was sure the Council was tired of hearing the problems of the Police Department. Mr. Bisel was not sure what Mrs. Apitz was getting at and asked if some points could be clarified. He asked if there was some position where there is some type of employee management that must take place? Would the commission bypass that step? Mr. Bohjanen said what Mrs. Apitz is talking about is a third party between management and the department to listen to grievances and iron out the problem with management. Mrs. Apitz said, yes. Mr. Bohjanen said there was a commission like this before in Lino Lakes. Mayor Benson said that all problems should be brought to the de- partment heads and asked Mrs. Apitz if there is a problem here? Mrs. Apitz said that there are some officers and reserves who 248 COUNCIL MEETING., January 13, 1986 Page Four cannot go to Chief Campbell. Mr. Grubbs asked Chief Campbell if he feels there is division in the department. Chief Campbell explained every officer has the chance to come to him as he has an "open door" policy. But there are different attitudes and policies. He was surprised to hear some of the things that were brought out tonight. Mr. Grubbs asked Chief Campbell for his gut reaction to the things said tonight. Chief Campbell said he is building teamwork and this takes time and he needs support but is going in the right direction. Mrs. Moser explained she has lived in this community for seven- teen years and finds that some police officers have it in for certain people and asked why everytime you are involved with an officer they ask your birthdate. Chief Campbell explained this information is asked for on ICR's and is put into the computers at Anoka County. Mr. Houle asked Chief Campbell if people in this City have talked to him about one or two officers particularily and it keeps being the same one or two officers all the time. It seems to be one or two who keep creating these kinds of problems. Chief Campbell said these types of complaints are down, his concerns are that the officers are courteous and sensitive and how the officer handles himself personally. Mr. Houle said there has to be a reason the same one or two officers are implicated all the time. Chief Campbell said if this was the case he would look into such a matter. He is not getting this type of complaint. He also explained this situation is not unique to Lino Lakes. He said he felt comfort- able about his officers and is trying to do the best he can. Mr. Houle said there must be some reason good officers are re- signing. Mr. Reinert moved to take the recommendation that was made as a followup to the Police Task Force Study under consideration and asked Mrs. Apitz to put in writing how she sees the commission performing and carrying out its roll in relationship to the Police Department so that the Council has something it can draw on as far as its citizenery input might be concerned. Mr. Bohjanen seconded the motion. Mr. Meirs related an incident that occurred about a year to two years ago in which he was stopped for speeding by Officer Costa. 1 1 1 249 COUNCIL MEETING January 13, 1986 Page Five He explained Officer Costa's treatment of him so the Council could gain insight into the way people are being treated by some officers. Mr. Al Ross told the Council he felt it important that if a comm- ission is formed it be well disciplined and have teeth in the ord- inance that would be passed forming the commission. He felt it was important that the Council back the Police Department. Voting on the motion, motion carried unanimously. D. Todd Gleason - City of Lino Lakes - Mr. Gleason was in the audience but declined to speak tonight. CONSIDERATION OF ORDINANCE NO. 12 -85, 2nd READING, AMENDING FEE SCHEDULE FOR BEER LICENSES Mr. Marier moved to accept the second reading of Ordinance No. 12 -85 and have the Clerk read the ordinance. Mr. Bohjanen seconded the motion. Mrs. Anderson read Ordinance No. 12 -85. Voting on the motion, motion carried unanimously. This ordinance is printed in the December 23, 1985 Council minutes. CONSIDERATION OF ORDINANCE NO. 13-85, 2nd READING, DAY CARE NURSERIES Mr. Marier moved to accept the 2nd reading of Ordinance No. 13 -85 and waive the reading. Mr. Bisel seconded the motion. Motion carried unanimously. Ordinance No. 13 -85 is printed in the December 23, 1985 Council minutes. CONSIDERATION OF ORDINANCE NO. 14 -85, 2nd READING, PARK DEDICATION Mr. Reinert moved to accept the second reading of Ordinance no. 14 -85 and waive the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. Ordinance No. 14 -85 is printed in the December 23, 1985 Council minutes. ENGINEER'S REPORT - BOB TODDIE A. Ordiannce No. 16 -85, 2nd Reading, Subdivision Amendments, Street Standards - Mr. Reinert said he understood that at one time there was a recommendation made to the Planning and Zoning Board regarding urban vs. rural type of streets going into some platted lands particularly where lots were five acres or larger. This was not discussed when Ordinance No. 16 -85 was considered, however, it was proposed to the P & Z Board and specifically there is a requirement now if there is a five acre parcel and a street is put in, it would be an urban street requirement, with curb, gutters, storm sewers, etc. Mr. Toddie said he is not aware of this requirement in the zoning ordinance or the fact it was to be amended. 250 COUNCIL- MEETING January 13, 1986 Page Six Mr. Reinert said he was surprised this was not brought up when considerating Ordinance No. 16 -85 since it was proposed to the Planning and Zoning Board by Mr. McLean. Mr. Reinert said this falls in line with an ordinance that was proposed a while ago in regard to the length of a driveway that was required on some of the acreage parcels and the requirement that they be blacktopped. The cost of this would have been prohibi- tive. He understood that the ordinance now being considered tonight would requirement urban street standards to be applied to the large acreage lots and felt this was also prohibitive. He felt the City should prepare for subdividing larger percels into smaller lots and felt that the way this ordinance is presently written no one could afford to construct urban standard streets on large parcels. Mr. Toddie said that the type of street required in a new subdivision would depend on the proximity or possibility of extending sewer into that area. He felt it was not wise to develop an ordinance that required, for instance, urban standard streets when the lots were platted five acres or larger. The economics as well as other factors dictate more the type of street rather than size of lots. Mr. Reinert said he understands that when a City requires that a street be put in on some of the larger parcels, preparation is made for updated or urban streets at some future date. This would not make it prohibitive to develop larger acreage lots. Mayor Benson noted the Ordinance No. 16 -85 deals with the substance of the street, not what type of street would be reqiured. It was brought to the Council by the Public Works Director, not the P & Z Board. Mr. Reinert felt this ordinance could have been packaged better. Mr. Marier moved to accept Ordinance No. 16 -85 for the 2nd reading and waive the reading. Mr. Bohjanen seconded the motion. Mr. Bisel asked Mr. Reinert if he was satisfied with this ordinance. He felt this was being considered piece meal, there is a better way of handling this. Mayor Benson said this could be addressed at the special P & Z meeting 1/15/86. Voting on the motion, motion carried unanimously. B. Update - Ditch Survey, Ditch #22 - The survey has been com- pleted by Rice Creek Watershed District (RCWD) and there are some concerns regarding portions of the ditch not being located completely in the right -of -way. A tentative date of Thursday, January 23, 1986 has been set for a meeting with the LIno Lakes City Council, RCWD and representatives from Anoka County to discuss these concerns. 1 1 1 1 1 1 COUNCIL MEETING January 13, 1986 Page Seven ATTORNEY'S REPORT A. VFW and Ladie's Auxiliary Gambling License - Mr. Hawkins re- ceived the request to renew these gambling licenses. During 1985, the State legislature took away the City's authority to issue such license and vested the authority in the Charitable Gambling Control Board. The law requires that the applications for license be forwarded to the City for their comment. Mr. Hawkins did not see a problem with the application and would recommend approval. Mr. Marier moved to have the VFW and the Ladies Auxilliary go forth to the proper state agencies and make their application. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION OF ANNUAL APPOINTMENTS FOR 1986 - MAYOR BENSON Centennial Community Education Advisory Board - Mayor Benson noted that Mrs. Elsenpeter was a member of the Centennial Community Education Advisory Board. She does not live in the Centennial School District and has a problem with the meeting dates and has asked that someone be appointed to replace her. Mayor Benson asked that this be advertised. Planning and Zoning Board - There are two vacancies on this Board since Mr. Ostlie and Mr. Goldade do not wish to be reappointed. Three applications for these two positions have been received; Harvey Karth, Arlene Averbeck and Julie LeBlond. Mr. Bohjanen moved to table this appointment and to advertise these positions to see if there are other interested citizens. Mr. Bisel seconded the motion. Motion carried unanimously. Parks and Recreation Board - There are two vacancies and Mr. Nissen has asked to be appointed for another term. Mr. Bohjanen moved to appoint Mr. Nissen to a three year term. Mr. Marier seconded the motion. Motion carried unanimously. Three citizens have written to the Council expressing interest in being a member of the Park Board; Gary Volk, Steve Wells and John Baumann. Mr. Volk has since notified Mayor Benson he is moving out of this City. Mr. Marier moved to appoint John Baumann to the Park Board. Mr. Bohjanen seconded the motion. Motion carried unanimously. Centennial Fire District Commission - Mayor Benson commended Commissioner Benjamin for his work over the last year as well as Al Mathews. He asked that a letter be sent to Mr. Benjamin expressing the City's appreciation. He noted Mr. Mathews has resigned earlier in the year and there is one vacancy on this commission. 25-1 252*- COUNCIL MEETING January 13, 1986 Page Eight One application has been received from Andy Neal for the vacant position on this commission. Mr. Bohjanen moved to appoint Mr. Neal to the Centennial Fire Commission. Mr. Bisel seconded the motion. Motion carried unanimously. Cable Commission - Mayor. Benson has received a letter from Father Fried indicating he will not be able to serve as an alternate on this commission. He asked that this position be advertised. City Attorney - Mr. Reinert moved to appoint Burke & Hawkins. Mr. Marier seconded the motion. Motion carried unanimously. City Engineer - Mr. Bohjanen moved to appoint Toltz, King, Duvall, Anderson and Associates (TKDA) and specifying Bob Toddie as City Engineer. Mr. Reinert seconded the motion. Mr. Reinert asked about John Davidson. Mr. Toddie explained Mr. Davidson's commit- ment to MSPE. After discussion, Mr. Bohjanen and Mr. Reinert withdrew their motion. Mr. Bohjanen moved to appoint TKDA as City Engineers seconded the motion. Motion carried unanimously. City Planner - Mr. Reinert moved to table this item. seconded the motion. Motion carried unanimously. . Mr. Reinert Mr. Bohjanen Fiscal Agent - Mr. Bohjanenn moved to appoint Springsted, Inc. as fiscal agent. Mr. Marier seconded the motion. Motion carried unanimously. Weed Inspector - Mr. Marier moved to appoint Alan Robinson as Weed Inspector. Mr. Bohjanen seconded the motion. Motion carried unanimously. Fire Marshall - Mr. Bohjanen moved to appoint Rick Bangert as Fire Marshall. Mr. Reinert seconded the motion. Motion carried unanimously. Civil Defense Director - Mr. Marier moved to appoint Charles Cape Civil Defense Director. Mr. Bisel seconded the motion. Motion carried unanimously. Health Officer - Mr. Reinert moved to appoint the Anoka County Health Department as City Health Officer. Mr. Marier seconded the motion. Motion carried unanimously. Legal Depositories - Mr. Schumacher explained that the City uses a bid sheet to determine the best interest rates available and the banks that are listed are contacted in every case. Centennial State Bank has been listed this year. When unique situations aiise the Council is consulted. 1 1 1 1 253 COUNCIL MEETING January 13, 1986 Page Nine Mr. Reinert moved to approve the list of depositories as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. The Council took a five minute break at 8:10 P.M. Economic Development Committee - Mr. Marier moved to appoint Harvey Karth, Warren Tester and Larry Grubbs to three year terms on this committee. Mr. Bohjanen seconded the motion which carried unanimously. Mayor Benson appointed Mr. Grubbs Chairman of the Economic Develop- ment Committee. Cable Commission - Mr. Reinert moved to appoint Mr. Herb Johnson to another term on this commission. Mr. Bohjanen seconded the motion. Motion carried unanimously. Park Board - Mayor Benson appointed Ray Johnson chairman of the Park Board. Planning and Zoning Board - Mayor Benson appointed Bob Doocy chairman of the Planning and Zoning Board. Legal Newspaper - Four newspapers have submitted bids to be the legal newspaper - Press Publications, Circulating Pines, Sell Publications and Blaine- Spring Lake Park Life. Mr. Bisel noted only one legal newspaper is budgeted for in 1986. Mr. Marier moved to appoint the Circulating Pines as the legal newspaper. The motion died for lack of a second. Mr. Bisel moved to appoint Press Publications as the legal news- paper. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier voting no. Liaison Appointments - Mayor Benson made the following liaison appointments - Planting and Zoning Board - Harold Bisel; Park Board - Bill Bohjanen; Centennial Fire District Commision - Neal Benjamin and Andy Neal; Economic Development Committee - Mayor Benson; Cable Commission - Bill Bohjanen; there is no liaison to the Senior Council; Ways and Means Committee - Mayor Benson and Mr. Reinert; Street Committee - Mayor Benson and Mr. Marier; Charter Commission- Bill Bohjanen; Suburban Chamber of Commerce - Mr. Reinert; Vadnais Heights Water Management - Mr. Bisel; Rice Creek Watershed District - Mr. Reinert; Police Committee - Mr. Marier; Utilities Committee - Mr. Marier; Fire District Audit Committee - Joe Huss; Fire District Planning Committee - Mayor Benson. CONSIDERATION OF RESIGNATION AS FULL TIME POLICE OFFICER OF MIKE JENSEN • Mr. Marier moved to accept Mr. Jensen's resignation. Mr. Bisel seconded the motion. Mr. Bohjanen asked that a letter be sent from the Council to Mr. Jensen thanking him for his service. 254 COUNCIL MEETING January 13, 1986 Page Ten Voting on the motion, motion carried unanimously. REQUEST FOR RETURN OF PORTION OF LIQUOR LICENSE FEE - MAUDIES, INC., ARCHIE MCALLISTER Mr. Hawkins explained that under the City Code, the Council can make refunds according to state law. There is no state law provision for this since the license was declared void due to an improper transfer of stock in the corporation that held the license. Mr. Marier moved to deny the request. Mr. Bohjanen seconded the motion. Mr. Ross asked the status of Maudies. Mayor Benson said it is closed and the City has not received any information as to the new owner. Voting on the motion, motion declared passed. CONSIDERATION OF ORDINANCE NO. 11 -85, RESOLUTION NO. 85 -25 AND AMENDMENT AGREEMENT - HERB JOHNSON Mayor Benson noted that this item was on the December 23, 1985 agenda and further information was requested. Mr. Schumacher explained all cities except the City of Circle Pines, Lino Lakes and possibly one other City has not adopted these agreements. Mr. Bisel asked if the cable was up and operating. Mr. Johnson said it is up and it is being marketed. Other communities are operational and there is possibly some operation in Lino Lakes. Mr. Bisel said nobody is receiving service and did not see the point of these request. Mr. Reinert noted there is nothing to compare this to. Mr. Marier agreed, Mr. Bohjanen said there is nothing tangible. Mr. Schumacher explained that an individual came to City Hall last week to determine these locations. He was told the City Hall would be hooked up within two weeks. Mr. Bisel asked how many subscribers are actually hooked up to cable. Mr. Johnson said he could find out tomorrow. Mr. Bohjanen moved to table this item until the next meeting. Mr. Bisel seconded the motion. Motion carried unanimously. Mayor Benson asked Mr. Johnson to give the Council some projections. NEW BUSINESS A. Set Public Hearing, Post Office - February 24, 1986 at 7:00 P.M. - Mayor Benson explained this public hearing is in response 1 1 1 1 COUNCIL MEETING January 13, 1986 Page Eleven to some of the concerns that were expressed earlier in the year in regard to a drop off station in Lino Lakes as well as a zip code. Mr. Marier moved to set the public hearing. Mr. Bohjanen seconded the motion. Motion carried unanimously. 255 B. Legislative Conference - Mr. Schumacher noted this conference is being held February 5, 1986. Mayor Benson, Mr. Reinert and Mr. Marier will attend. Mr. Bohjanen may attend. C. Conference for Newly Elected Officials - Mr. Bisel will attend this conference on January 25, 1986. OLD BUSINESS Mayor Benson bas received a request to install outlets under the front counter in the Senior's kitchen. This was not on their initial request. All those items have been completed. Mayor Benson suggested that an electrical bar be considered because it would be very costly to install outlets at this point. He noted that the Council has tried to accommodate the Seniors to this point and felt they should try to do things on their own. He asked that Mr. Schumacher ask them to determine the cost of a bar as opposed to rewiring. Mayor Benson noted the Council had appointed a Senior Council and it has come to his attention that out of this has come a senior club. It's a club within the Council and the club is taking responsibility for the funds. This is not what the Council intended. He directed the Senior Council to control these funds, not the club. Mr. Marier suggested that the administrator in writing tell the Seniors what their responsibility is. Mr. Marier moved to inform the Seniors what their responsibility is in respect to operating and what the intent was in setting this up and how it was formulated and what responsibilities they have. Mr. Bisel seconded the motion. Motion carried unanimously. _ Mayor Benson reminded the Council of the Planning and Zoning Com- prehensive Plan Update Meeting, Wednesday, January 15, 1986 at 7:00 P.M. Mr. Bohjanen moved to adjourn at 8:40 A.M. Mr: Marier seconded the motion. Aye. These minutes were considered and approved at a regular meeting of the City Council on January 27, 1986. Marilyn 'G. Anderson, Clerk - Treasurer gamin . ;ens.. , 'ayor