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HomeMy WebLinkAbout11/25/1974 Council MinutesNovember 25, 1974 The regular meeting of the Lino Lakes City Council was called to order at 8:05 P.M. on November 25, 1974 by Acting Mayor Zelinka. Councilmen present: Jaworski, Marier, McLean. Absent: Mayor Bohjanen due to a meeting at his place of employment. Mr. Locher was also present. Mr. Jaworski moved to approve the minutes of November 12, 1974 as presented. Seconded by Mr. McLean. Motion carried. The minutes of November 13, 1974 were corrected as follows: Page 2, Item 4, add' for a period of six month;' at the end fo the last sentence. Page 3, (Paragraph 6, delete 'Northwestern Bell' and insert the word 'our'. Mr. Marier moved to approve the minutes as corrected. Seconded by Mr. Jaworski. Motion carried. The Clerk read a letter from Mr. Norman Fritchie of the Centerville fire Department, concerning the listing of the Anoka Fire and Emergency Number as the one to be used by the Centerville Fire Department. This should be operational some time after Feburuary, 1975. He suggested that Lino Lakes contact the regional offices of Northwestern Bell in order to insure proper listings in the new directories. The Minneapolis office had contacted the Clerk last week for information as to this number, since there was no definite information as to this number . Since there was no definite infor- mation available for the Clerk she had told the person that Mr. Fritchie's directive would have to be used. A letter from Mr. Charles Lefebvre with information as to the licensing of Tax Exempt Vehicles. This can be done at the local office Located in the Circle Pines Area. All Councilmen had a copy of the letter received from the Lino Lakes Athletic Association. Mr. McLean will handle this through the Park Board. Municipal fines in the amount of $110.42 had been received; the secondhalf of the homestead tax credit in the amount of $10,718.56 and lest quarter of State Aid in the amount of $16,952.76 and attached machine aid for $953.61 was also received. A letter from a Ramsey County resident had been copied for all Councilmen. Mr. Jaworski felt that since this is private property, the City cannot install any signs on this property. He was concerned about the Anoka Sheriff's office not responding to the calls. A letter from the State Department of Health with a copy of the report cover- ing the investigation of the numicipal water system had been received. Mr. Volk reported that the well passed the test but does need some improvements in some areas. The Councilmen also have copies of a letter from Mr. Howard Nelsen. Mr. Marier reported on the Planning and Zoning Meeting held on November 20, 1974. Mr. Charles Nelson's preliminary plat had been considered. It had been necessary for Mr. Nelson to adjust his plat to meet with the requirements of the Metropolitan Council in regard to the size of his lots. He must 82 November 25, 1974 establish a ponding area for drainage as indicated in Mr. Gotwald's report. Mr. Nelson is aware of this and will conform to the requirements. The Planning and Zoning Board had recommended approval' of this preliminary plat with the understanding that this must be cleared with-it-le Rice Crrek Watershed Board. Mr. Marier moved to accept the preliminary plat subject to conformance to Mr. Gotwald's recommendations and approval of the Rice Creek Watershed Board. Seconded by Mr. McLean. Motion carried. Mr.Locher reminded the Council that legal publication of the final plat before approval is required. Mr. McDermit was not present. He had called with questions in regards to the storing of equipment before a pole barn is constructed in an area near Holly and 12th Avenue. The Board made no decision on this and asked that Mr. McDermit appear before the Planning and Zoning Board with his plans. Mr. Dean Allen has purchased about 40 acres near the intersection of 4th Avenue and Pine Street. He appeared before the Planning and Zoning Board with a request for permission to install a 650' private driveway. The Board had asked that he consult with Mr. Gotwald for guidance and reappear at the next meeting. North - Northeast Realty had presented a request for a variance for transfer of property of less than 22 acreas. The request and plan was not clear. The Board asked that a representative appear at the next Board meeting for clarification. The Planning and Zoning Board had discussed the requirement of land or money in lieu of land for Park purposes in new plats. How should this rate be established? This should be handled bofore the approval of the final plat. Mc. McLean suggested that the value used be 10% of the purchase price of the property. Mr. Jaworski so moved adding that the figure of the Whispering Pines Plat be established before approval of the final plat. This method of computation to be used for this plat only. Seconded by Mr. Marier. Motion carried. Mr. Starr had written a letter to Mr. John .Doyle of the ;Housing Review Section of the Metropolitan Council in reference to the requirement of replatting the Whispering Pines area. He asked the Clerk to read this letter. After some discusison, Mr. Marier moved to invite Mr. Doyle to attend a City Council meeting as sson as possible to explain the position of the Metro- politan Council in dealing with the requirements of the Housing Review Section. Mr. Jaworski felt that the members of the Planning and Zoning Board should also be invited to attend. Mr. Marier agreed. The motion was seconded by Mr. Jaworski. Motion carried. The clerk was instructed to invite Mr. Doyle to attend the December 9, 1974 meeting and if he is unable to attend to designate someone else and inform the Clerk's office. Planning and Zoning Board members are to be notified of this meeting. 1 1 1 1 1 November 25, 1974 Mr. Jaworski requested the use of the Hall by the Happy Hustlers 4H Group on December 13, 1974 at 7:30 P.M. to hold their annual Christmas Party. Mr. Jaworski moved to approve the request providing they are responsible for cleaning the Hall after the party. Seconded by Mr. Marier. Motion carried. Mr. Marier questioned the work order for West Shadow Lake Drive. He felt that the amount of gravel in tons and /or costs should be on the order, not just so many loads of no stated weight. The work order should be more explicit and a copy of the resolution authorizing this action should be attached. Mr. Jaworski explained that this work is paid for by Mr. Jandric, but he will follow suggestions on the next work order. Mr. McLean reported that the Park Board meeting had been rescheduled for December 2, 1974 due to conflicts of other meetings. He recommended that the letter from Mr. Trombley, of the Lino Lakes Athletic Association be referred to the Park Board. Mr. Trombley will be invited to attend the December 2, 1974 meeting in order to clarify some of the points raised in the letter. Mr. Volk will also attend that meeting to answer questions.' Mr. Marier was under the impression that this association was to submit to the Park Board a program for use by the Park Board in setting the 1975 budget. Mr. McLean said that he had not seen such a schedule. Mr. Zelinka reported that there had not been a meeting of the Personnel Commission. He had no other matters to report on. He proceeded -to the Mayor's report. A letter had been received from P. M. Endsley Company offering to review the insurance program of the Ciyt. The Clerk was instructed to return the card. Mr- Zelinka remarked that in the future, a date for delivery should be noted on the requisitions. 8 3 Mr. Dan Erwin of the Crimsoncross Kennels was in the audience to explain their problems with the handling of horses. The Kennel does not have the facilities to transport the animals, so in the future they will tie the animal and the removal will have to be handled by the City. He has two numbers of persons who will trans- port the animals. He suggested giving these numbers to the Police Department and they can handle it. Mr. Zelinka asked if there were facilities for boarding horses at the Kennel and Mr. Erwin, said No. Mr. Marier suggested that Mr.Erwin give the two numbers to the Police and the Clerk. The Clerk is to contact the persons for charges for this service. Mr. Locher apologized for not having an attorney at the last Council meeting. There were two men and each thought the other was to attend. Mr. Locher discussed the ruling on the Circle Pines Utility law suit in connection with the Molin case. The supreme Court had ruled that Circle Pines cannot extend their lines without the express permission of the Lino Lakes City Council but the Court had denied the request to enjoin Circle Pines from charging the Court cost to the Lino Lakes portion of the system. The reason being the Court felt that this- would be rate setting. The charges of $1,200.00 for preparation of the brief was denied. 4 November 25, 1974 This must be paid by Circle Pines. The ruling said that neither Circle Pines or North Central have exclusive franchises in the City of Lino Lakes. It is conceivable that either one may install lines that cross the others or, in fact, another company could install lines. This could only be done with the permission of the City Council. There was a general discussion of the option to buy as is written in the Ordinance. The terms and how they could be interpreted were discussed. Mr. Locher reported that the Supreme Court had denied a petition to hear the case of the people who are contesting Anoka County's right to take land without permission of the Council and the people. Mr. Zelinka asked if the research on the possiblity of a law suit against the Metro Council had been completed and reported on and Mr. Locher said that it had been done. Mr. Jaworkki asked if a meetng with Mr. Boland had been set and was told, No, not yet. The Clerk read a letter she had been instructed to write in connection with Mr. Burandts report. This letter requestes a meeting be set up as soon as possible. Mr. Jaworski asked about the contract with the Metro Sewer Board for the hauling of sewage. Mr. Locher said a meeting had been shceduled with Mr. Dougherty, but he had called to cancel the meeting. A new date has not been set as yet. Mr. McLean asked that the Council be informed when the new date is set. Some of the other Councilmen might be able to attend. Mr. Zelinka asked Mr. Locher about the ramifications of the open meeting law. Mr. Locher said that under the present interpretation, if two Council members meet anyplace, even at Church, and discuss City affairs, this constitutes a meeting and is illega•I. There was a discussion on . this interpretation. Mr. Locher felt that this was made in this manner in order to force the Legislature to take another look at the law. Mr. McLean questioned Mr. Locher on the salary problem. He said that first it was to be put on a ballot and the Council was told that this was not legal. An Ordinance was necessary to establish the salaries. This was passed,a -nd now the Council is told that this is not effective due to an interpretation of the law. Mr. Locher said that he had contacted the Attorney General's office and had used the verbal informatin given to him. The problem arises from the interpretation of "municipal election." He felt that the possibility of Cities having odd year elections had been overlooked when the law was written. He has received part of an answer from the Attorney General's Office. This portion definitely states that putting the question on a ballot is illegal. He has some questions that must be answered and returned before the other part can be answered. There was a general discussion of the lands being acquired by Anoka County for the Open Space program. The Council felt that there should be a meeting with Mr. Parta and the Anoka County Park Board to define the boundary lines as set forth in the agreement worked out by the Open Space Commission. Mr. Marier moved to invite Mr. Parta and the people involved to the Council meeting scheduled for December 9, 1974. This discussion to be scheduled for 9:00 P.M. on the agenda. Seconded by Mr.Zel'in1<a Motion carried. 1 1 1 1 November 25, 1974 Mr. Zelinka questioned the Clerk about the suggestion of having the present bookkeeping system checked. She reported that the bookkeeper had been in the office last week and had felt that the present system with some minor changes is adequate. She had taken the information necessary for setting up a cash flow reporting system. Mr. Zelinka instructed the Clerk to contact Mrs. Fuhr for cost before this action is ordered. Under new business,the paying of mileage for the use of pivate cars in City affairs was discussed. Mr. Jaworski felt that in order for employees to be paid mileage for the use of their private cars, the authorization must go through the Council for approval. Mr. McLean felt that someone should be delegated to authorize this. Mr. Zelinka felt that a Resolution was necessary. Mr. Marier said he would draw up an order of procedure and have it for the next meeting. Mr. McLean moved to table this matter until December 9, 1974 meeting. Seconded by Mr. Jaworski. Motion carried. Mr. Jaworski remined the Council that a "Citizen of the Year" award is given each year and the Council should be thinking of possible candidates. Mr. Marier had a letter for the Councilmen. He asked that they read the letter and he would comment when they had finished. Mr. Marier moved to appoint the Police Chief and one Deputy to make inspections for his views and Ordinance application so rights are not infringed upon. Seconded by Mr. Jaworski. Motion carried. Requisision #524 was discussed. This is for Police Uniforms. Mr. Costa was questioned as to who they were for and he wasn't sure. The Council asked that this requisition be itemized listing who they are for and how many for each officer. Mr. McLean moved to approved requisitions #515 through and including #526, tabling #524. Seconded by Mr. Marier. Motion carried. Mr. Jaworski moved to approve checks #6096 through and including #6120. Seconded by Mr. McLean. Motion carried. Mr. Jaworski moved to approve payroll checks #2668 through and including #2693. Seconded by Mr. Marier. Motion carried. Mr.Marier asked that the Clerk make certain of his address since his mail has been arriving late. Mr. Jaworski asked that his zip code be changed. The Clerk will do this. Mr. Marier moved to adjourn at 10:25 P.M. Seconded by Mr. Jawroski. Aye CLERK - TREASURER These minutes were approved at the December23 1974 Council Meeting.