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HomeMy WebLinkAbout01/27/1986 Council MinutesCOUNCIL MEETING January 27, 1986 The regular meeting of the Lino Lakes City Council' was called to III order at 7:00 p.m. by Mayor Benson. Council members present: Marier, Bisel, Bohjanen, Reinert. City Attorney, Bill Hawkins; Administrator, Randy Schumacher; Engineer, John Davidson; Accountant, Joe Huss; Assessor, Margie Roisum; Building Inspector, Pete Kluegel; Chief of Police, Dean Campbell and Clerk- Treasurer were also present. CONSIDERATION AND APROVAL OF MINUTES - JANUARY 13. 1986 1 Mr. Marier moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - JANUARY 27, 1986 Mr. Reinert moved to approve these disbursements as presented. Mr. Bohjanen seconded the motion. Mayor Benson asked about the disbursement for corrective lenses. Mr...Schum.cher. explained the lenses were broken on the job and Mr. Huss explained the disbursement would be charged to either the Parks Department or Public Works Department as soon as he determines what department the employee was working in at the time of loss. Mayor Benson asked for an explanation of the disbursement to AT &T in the miscellaneous category. Mr. Schumacher explained that occa- sionally employees make personal long distance telephone calls and then reimburse the City for the charges. These calls are not charged to any particular department since they are not a departmental expense. Voting on the motion, motion carried unanimously. OPEN MIKE A. Senator Greg Dahl - Legislative Update - Determination of Lino Lakes Concerns - Senator Greg Dahl appeared before the Council to update them as to what he expects to happen at the upcoming legislative session and to determine if Lino Lakes has any concerns that he can address. Senator Dahl explained this will be an interesting session because it appears the state is facing a seven hundred million dollar deficit by the end of the current biennium. The Governor will probably be asking for cuts in state aids and aids to education. At this time, the amount of these cuts are not known. Senator Dahl outlined areas he will be working in: 1)lemon used car bill; 2) working with the finance department on a linked deposit program to provide assistance to farmers by placing some state revenues in the form of securities in rural banks and the rural banks then have to make operating loans to farmers; 3) change law regarding the Minnesota Public Employee 261 262 COUNCIL MEETING January 27, 1986 Page Two Pension Fund investment in venture capital funds, at this time the investments are made out of the State of Minnesota and the changes will require that the money be invested only in capital venture funds where at least 50% of employees or 50% of their assets are in Minnesota. The fourth item of concern to Senator Dahl is the SEED capital fund. This fund would help get small businesses off the ground and the fifth program is concerned with Anoka County Parks and Open Space. Another area of concern is legislation dealing with tie downs and storm shelters for mobile home residents. Mayor Benson asked how the expected budget cuts will affect local government aid. Senator Dahl felt the State should try to live up to its commitment to the cities but felt the cuts could be as much as 3.5 %. Mayor Benson asked if it would be possible to see larger cuts. Senator Dahl said yes, the Governor wants to maintain the one hundred million dollar rainy day fund. Senator Dahl discussed the crisis on the family farm and indi- cated that family farmers will become tenant farmers with insurance companies, bonds and corporations owning the lands. He also discussed the manner in which the federal government is approaching the farm crisis. Mr. Schumacher asked if fiscal disparities will be restructured and referred to the mega mall issue. Senator Dahl explained he was not in favor of giving exemptions for the mega mall and saw a need to keep fiscal disparities in tack. He did not have any information on tax increment financing but could get the information from his office. Mr. Bisel noted that Minnesota is losing businesses and industries to other states and asked how this could be turned around. Senator Dahl felt his SEED program would help in this situation and said workers' compensation and unemployment compensation will be addressed in this session of the legislature. This problem will take some time to correct. Mr. Reinert expressed his concern that both the unemployment and workers' compensation laws were a real detriment to Minnesota businesses. Senator Dahl explained the difficulty in getting accurate and up to date figures from insurance companies and this is delaying the resolution of this problem. Mr. Reinert expressed his concern regarding the farm situation especially regarding the proposal for using state revenue to encourage banks to make loans to farmers. He said possibly farmers are suffering from mismanagement and this proposal will make matters worse. Senator Dahl explained state revenues would not be at a risk in this proposal. COUNCIL MEETING January 27, 1986 Page Three Mr. Reinert asked about a proposal for funding communities that band together to provide certain municipal services to its citizens. Senator Dahl explained the proposal did not get out of the House of Representatives. He suggested con- tacting our representative in the House. Mr. Reinert expressed his concern over the waste management central issue. Senator Dahl said he supports the concept of burning solid waste but acknowledged this could force small garbage.haulers out of business. Mr. Bohjanen asked if there might be some revision in the charitable gambling laws. Senator Dahl was concerned because of all the confusion but there are several persons working on making this committee more manageable. Mayor Benson suggested that some state agencies could be more accountable for the money they are managing. This idea could help the state realize additional money and reduce the deficits. Senator Dahl outlined areas which have already been cut. Mayor Benson said his concern is in protecting local government aid and fiscal disparities. Senator Dahl said he wished other communities in his district were as interested as Lino Lakes is in what is happening at the state level of government. Mayor Benson thanked Senator Dahl for coming this evening. B. Roland Ford - Mr. Ford appeared before the Council to explain he has been convicted of violating the City nuisance code and will be going to jail if the nuisance is not removed by February 5, 1986. An Anoka County Judge has visited his property and has compiled a list of items that must be removed and also laid out fencing requirements for the property. Mr. Ford asked the Council to allow him additional time to comply with the court order and also asked to have some items removed from the judges list. He explained he has already had certain items removed from his property. Mr. Kluegel explained this is an ongoing situation and he personally has been in court with Mr. Ford since 1984. Mr. Hawkins explained the legal proceedings to date. Mr. Marier asked if he has satisfied the DNR and Rice Creek Watershed District requirements. Mr. Ford said he had permits from each agency. There was discussion regarding the fence. Mr. Ford had installed two different types of fencing and intended to leave both in and paint them the same color. He was reminded the judge had specified uniform fencing and this meant fencing of all one type. 264 COUNCIL MEETING January 27, 1986 Page Four Mayor Benson suggested to Mr. Ford that if he wished to keep his compressor, place it inside a building; farm tractor, if it works move to rear of building. British Leyland car is to be taken to the mechanic; old trucks if they are used in business, store neatly to the rear of buildings; balance of material if cannot•be kept in a shed should be discarded. Mr. Marier said he is concerned with the front of the property and getting material to the rear of the building. Mr. Bisel moved to have Mr. Ford and Mr. Kluegel compile a list of items that must go and those that can stay and remove the items that must be and make the fence uniform and be painted weather permitting by April 15, 1986. Also, a letter of credit be submitted immediately to the City in an amount to be determined by Mr. Volk and Mr. Kluegel to insure this is accomplished or the City will pull the letter of credit and do the work itself. Mr. Bohjanen seconded the motion. Mr. Schumacher asked what the wishes of the Council are if. Mr. Ford does not supply the letter of credit by February 5, 1986, the day Mr. Ford is to go to jail. Mayor Benson said no further action will be taken on this matter until the next Council meeting. Mr. Kluegel will need to let the court know of the council's decision tonight. Mr. Reinert noted that Mr. Ford has already told the court his property will be cleaned to the satisfaction of the court. If this is not done by April 15, 1986, the bond will be pulled. This council will not spend any more time on the issue. Voting on the motion, motion carried with Mr. Marier voting no. 1 The Council at this time ook a five - minute break (8:45 P.M.). CONSIDERATION OF BIDS FOR CITY OWNED BLACK DUCK LOTS AND AWARDING THE BID Mrs. Anderson opened the bids and read them to the Council: 1) Ed Vaughan, 104 Wildwood Ave, White Bear Lake - cash bid, $15,000, City financed $45,000; 2) Roger W. Nelson, 1460 93rd Lane N.E., Blaine - $33,600; 3) G.M. Development - $11,750 and a note "in addition to our base bid of $11,750 G.M. Development would be willing to negotiate the purchase of excess materials in Outlot F from the City of Lino Lakes. This could increase the total dollar value substantially ". Mr. Schumacher explained that the Council had discussed that the bid would be on a cash basis only because it would be complex to 1 1 265 1 COUNCIL MEETING January 27, 19E3 Page Five put together specifications on a City financed project. He asked for authorization to work with Mr. Nelson to obtain the funds and if he cannot obtain the funds within 30 days to work with ihe next highest bidder, Ed Vaughan. Mr. Reinert asked if the lots need fill - will the peat be removed to a solid base. Mr. Schumacher said the lots are developable and the other lots may need DNR and RCWD permits and the developer would have to prove to the Building Inspector that a satisfactory base has been accomplished. Mr. Kluegel also noted that the devel- oper may ask for a reduced setback. Mr. Marier moved to give Mr. Schumacher authorization to contact Mr. Nelson as he has requested and to deal with the second bidder and report back to the Council. Mr. Bohjanen seconded the motion. Motion declared passed. CONSIDERATION OF AUDITORS' RECOMMENDATIONS FOR LEGAL COMPLIANCE WITH MINNESOTA STATUTE SECTION 471 -87 Mr. Huss explained that Minnesota statutes, Section 471.87 requires all elected officials, commission members, department heads and employees who may influence financial transations of the -City sign a letter of representation which will aid the City Auditor to test II various aspects of legal compliance. A copy of the letter of repre- sentation has been sent to each Council member for their signature. Mr. Huss said this is not a new law but the State Auditor has just recently issued guidelines for local government auditors to use. The form sent to the Council was drafted by Voto, Reardon, Tautges and Co. and it is their recommendation that Lino Lakes use this form. Mr. Marier moved to approve the recommendation of the City Auditor and submitted his letter. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION OF CHIEF CAMPBELL'S RECOMMENDATIONS FOR HIRING POLICE OFFICERS Mr. Schumacher explained that Mr. Jensen has resigned leaving one vacancy for a full -time officer and at the December 27, 1985 Council meeting the Council authorized the hiring of one additional police officer thereby requiring the hiring of two new patrolmen. Chief Campbell has prepared and sent to the Council for their consideration a procedure for hiring the new officers. Mr. Schumacher had no problem with the procedure and recommended the Council approve it I Mr. Schumacher explained that the resignation of Officer Jensen has left the police department very short of patrol officers and 266 COUNCIL MEETING January 27, 1986 Page Six Chief Campbell would like to bring a part -time officer, Bruce Keller to full -time status. Officer Keller is a licensed police officer and is familiar with the City. This is a deviation from the past policy for hiring officers, however, Chief Campbell explained his part -time officers are putting in a lot of hours and may exceed the amount of part -time hours mandated by the state. Mr. Schumacher said he would like to see Mr. Keller put in the position vacated by Mr. Jensen and have his name placed in the application process just as any other candidate so that he will go through the process because he was not personally familiar with Mr. Keller's background and would like to have him take the full'tests and go through the same evaluations as any other candidate. Mayor Benson was concerned because Mr. Keller lives in St. Cloud. Mr. Keller said he would move closer immediately if he were hired. Chief Campbell explained his reasoning for submitting Mr. Keller's name for full -time employment at this time. He would expect Mr. Keller to go through all the required tests and evaluations as outlined in his recommended process for hiring police officers. Mr. Bisel moved to accept Bruce Keller as a full -time officer of the force and direct the Chief of Police to follow through with the eight items listed on his guidelines for hiring new officers and require Mr. Keller to move closer to the City. Mr. Bohjanen seconded the motion. Mr. Reinert felt the Council should detail reasons deviating from the recommended hiring policy and moved to amend the motion to explain the reason for hiring Mr. Keller without following the procedure outlined by Mr. Campbell and the procedure used in the past is because of the emergency of the matter in that the part -time officer hours would be used up and at this point the scheduling is an immediate problem and the length of time the hiring process takes would be 60 to 90 days and this would cause even further problems with scheduling. Mr. Marier seconded the motion. Motion carried unanimously. Voting on the motion, motion carried unanimously. Mr. Marier moved to accept Chief Campbell's procedures and guidelines for hiring police officers. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson told Mr. Keller to work with Chief Campbell on meeting the requirements. CONSIDERATION OF ORDINANCE NO. 11 -85, SECOND READING, RESOLUTION NO. 85 -25 AND AMENDMENT AGREEMENT - HERB JOHNSON Mr. Schumacher explained that there are presently 119 residences receiving cable TV at this time and they have only just started marketing in Lino Lakes and expect more connections. The cable 1 1 267 COUNCIL MEETING January 27, 1986 Page Seven has been installed at City Hall and the monitor and keyboard will be coming within a couple of weeks. Presently only Coon Rapids, Circle Pines and Lino Lakes have not approved the agreements and Coon Rapids and Circle Pines are expected to approve them on Tuesday evening. Mr. Bisel noted about 52% of the homes in Lino Lakes are expected to receive cable but only 119 have actually connected and was concerned because there is nothing to base rates.on as far as performance. Mr. Bisel moved to not consider action on these items for thirty days. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved that within the next 30 days the Council receive a report from the Cable Commission stating what the Lino Lakes objectives were, what their anticipated growth is and how many people are receiving signals and a list of the complaints they have received with the equipment. Mr. Marier seconded the motion. Motion carried unanimously. ENGINEER'S REPORT Mr. Davidson appeared tonight and explained Mr. Toddies's mother passed away and so he was filling in for Mr. Toddie. A. Discussion of Right -of -Way, 4th Avenue - MSP Project - Mr. Davidson presented the right -of -way acquisition plan for 4th Avenue starting at Lilac Street and ending at Main Street. Acquisition of additional right -of -way is necessary to provide for ditch drainage and a rural street design. He explained the northerly 1,500 feet would be constructed to urban standards with concrete curb and gutter requiring no additional right - of -way except for storm sewer discharge right -of -way. Mr. Davidson said the presentation tonight is to determine if the Council is in agreement or if they have additional questions. Acquisition of the additional right -of -way will be by negotiation using MSA State Aid Funds. The engineer will prepare the necessary resolutions for acquisition of right -of -way for the next Council meeting. B. Rice Creek Watershed District Ditch Repair - Mr. Davidson updated the Council regarding the meeting of January 23, 1986 with the Anoka County Highway Department and the Lino Lakes City Council. The Clerk will have minutes of this meeting available on Tuesday. There will be report at the next Council meeting. Mr. Marier, Mr. Bisel and Mr. Bohjanen did walk the area of ditch #22 and found some obstructions. The landowners agreed to removed the obstruction. 268 COUNCIL MEETING January 27, 1986 Page Eight C. Discussion of Joint'Powers Agreement with Circle Pines for Water Service - Rice Lake Estates - Mr. Davidson updated the Council on this project. Bids for construction will be opened February 6, 1986. Part of the project requires the construction of an extension of the water main to the City of Circle Pines. Circle Pines has agreed with the concept. There will be a two -way meter measuring the discharge of water from one community to another. The flow of water can be controlled following the construction of the well and pump house facility on the Lino Lakes system. Mr. Marier moved to authorize the City Engineer and Mr. Schumacher to draft a joint powers agreement with Circle Pines. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Davidson will prepare letters to be sent to residents of the Rice Lake Estates area and 4th Street area of the impending projects. Mr. Davidson will submit these letters to the Council for review prior to distribution. ATTORNEY'S REPORT A. Liquor License Request - Frankie's On the Lake (Maudies) - Mr. Hawkins explained all the information has not been received. Mr. Marier moved to table this item. Mr. Bohjanen seconded the motion. Motion carried unanimously. OLD BUSINESS A. Consideration of Appointing Acting Mayor - Mayor Benson said he will continue with the present status (Mr. Reinert as Acting Mayor). B. Annual Appointments - Mayor Benson asked if the advertisements have been placed for the vacant positions in several boards. Mrs. Anderson said the ads will appear in this week's papers. There was discussion regarding the City Planner. Mr. Reinert had felt some dissatisfaction with the present planner and moved to advertise and interview for the position of City Planner. Mr. Bisel seconded the motion. Mr. Schumacher asked if the Council had any particular guidelines to follow as far as advertising. Mayor Benson suggested using the same guidelines as used when advertising the last time. Voting on the motion, motion carried unanimously. 1 COUNCIL MEETING January 27, 1986 Page Nine NEW BUSINESS 269 A. Discussion of Assessing Practices and Concerns Brought Out at 1985 Board of Review in Preparation for 1986 Board of Review — Margie Roisum - The Anoka County Assessor's Office has contacted the City Clerk and has tentatively set April 21, 1986 for Lino Lakes Board of Review. Mr. Leone, County Assessor has assured the Clerk that valuation cards will be sent to landowners by March 1, 1986. Mayor Benson asked the Clerk to send a letter to Mr. Leone asking him to notify her of the date the valuation cards will be sent. Also, the Clerk will advise the Council at the March 10, 1986 Council meeting if valuation cards have been sent. Mr. Marier asked that Mrs. Roisum go into detail with people who contact her prior to the Board of Review. Mrs. Roisum said she tries to resolve all issues or problems prior to the Board of Reveiw. She noted that usually the size of the Board of Review is dependent on what the taxes do not what valuations do. She will let the Council know when she receives the mill rates from the County. Mr. Reinert asked that the Board of Review be well publicized. IIMr. Marier moved to adjourn at 10:00 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered and approved by a regular Council meeting on February 10, 1986. Marilyn 1 Anderson, Clerk- Treasurer