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HomeMy WebLinkAbout07/14/1975 Council Minutes1 1 1 JULY 14, 1975 The regular meeting of the Lino Lakes City Council was called to order on July 14, 1975 by Mayor Bohjanen. Councilmen present: Jaworski, Marier, McLean and Zelinka. Attorney Locher and Engineer Gotwald were also present. Mr. Marier moved to approve the minutes of June 23, 1975 as written. Seconded by Mr. McLean. Motion carried with Mr. Zelinka abstaining. Mr. Jaworski moved to approve the minutes of the Special Meeting held on June 30,1975. Seconded by Mr. Marier. Motion carried with Mr. McLean and Mr. Zelinka abstaining. The Clerk presented a request from Northwestern Bell for the installation of underground cables on Farm Avenue and Evergreen Trail. Mr. Gotwald will check these requests. Also a request from North Central for the installation of a 2" gas line on Evergreen Trail. Approval by the Rice Creek `.Watershed Board for the installation of the culvert on the Chollett property on Pine Street was received. ...The Centerville Fire Report for the months of May and June had been received. All Councilmen have copies. ...A letter from the State Auditor's office asking that if the Council wishes copies of the "Revenues, Expenditures and Debt of the Cities. in Minnesota" they will only be mailed upon request. Mr. Marier asked that the card be returned with a request for five copies. ...The Clerk reported that she had contacted Mrs. Oatman on the matter of the population drop as calculated by the Metropolitan Council. The method of computation had been explained and the only way this figure can be changed is for the City to conduct a census. The Council thought this would be too costly of a process. ...Mayor Bohjanen had received an answer from Warren Spannaus' office stating that the office could find no legal basis for that office to intervene in the sewer problems of this City. All Councilmen have copies of the letter. ...A letter from James Oberstar in conjunction with the CETA program. All Councilmen have copies of this letter. ...Mr. Robert Burman had responded to the request for a speed study on certain streets within Lino Lakes. This has been referred to the State Highway Department for further study. There were also letters enclosed from the State of Minnesota relating to the storm damage. Copies have been made for the Councilmembers. ...An affidavit of publication for the Planned Use Report for the Federal Revenue Sharing to be received for the Fiscal Year beginning on July 1, 1975. ...The permit from the PCA for the burning of diseased trees by the City had been received. Mr. McLean reported that the posts installed at the Hall Park will be trimmed sometime this week. He submitted the names of Ina Lillydahl and Harvey Karth for consideration for the vacancy on the Park Board. Mr. Jaworski moved that a name be submitted for consideration at the next Council Meeting. Seconded by Mr. Marier. Motion carried. Mr. Jaworski asked about the posts installed along Main Street. Are they there to indicated that parking for the ball diamonds should be along the driveway into the Hall and not along Main Street or in the Park? Mr. McLean said, Yes. The driveway at the West End of the City property is a private 7 -5 16 JULY 14, 1975 driveway on private property and should not be used by the parents of the ball players. The Clerk was asked to contact Mr. Waldoch as to his feelings on use of this driveway. Mr. McLean said there is plenty of parking area along the driveway into the Hall and around the circle to the side of the building. Mr. Marier had no report. Mr. Zelinka reported on the Personnel Commission meeting. All Councilmen have copies of the minutes of the Meeting. The Personnel Commission had recommended the hiring of Mr. Fred Hillyer as a part -time patrolman and to approve Mr.'Auge as an approved applicant to avoid the necessity for inter- viewing if and When this situation arises in the future. Mr. Zelinka so moved. Seconded by Mr. Marier. Motion carried. The next Personnel Commission meeting has been tentatively scheduled for July 22, 1975 for the consideration of job descriptions and the operation of the general offices. Mr. Jaworski had given copies of the planned road schedule to the Council. This also included an estimate expenditures for maintenance of City vehicles. Mr. Volk went over the areas with water problems. The residents of Orange Street were present and asked what could be done to relieve them of the water on that street. After much discussion, it was decided to dig a hole on the lots owned by the City and pump the surface water into a holding pond. This area will have to be fenced and the Insurance Agent will have to be notified. Mr. Gotwald said there is no way the area can be drained by gravity since the swampy area at the end of the street has a water level even with the area that needs to be drained. The digging of ditches would serve no purpose. Mr. Volk was instructed to start the ponding area tomorrow. This should take care of the water for now. Mr. Richard Bodick, who has no water in his basement but has a garden flooded, asked permission to fill his property. Mr. Marier told him he would have to appear before the Planning and Zoning Board. The next meeting is on July 16 1975 but it is necessary for Mr. Bodick to present his plans and be put on the agenda at least ten days before the meeting. There is no way he can be heard at the July meeting.. Mr. Zelinka reminded the residents that the City is not responsible for water problems created by excessive run -off. Mr. Marier moved to plug the culvert on Maple Street, dig the ditch at least 12 feet deeper and put in a holding pond for the water to be pumped into. Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka wondered if, when Old Highway #8 is improved, the drainage could be somehow directed to the East. Mr. Gotwald said, No, this area is too much lower than that highway. Mr. Bodick asked what a City Truck was doing picking up a boat at the end of Orange Street? Mr. Volk did not know but said he would find out. There was discussion on two men being in each truck. Mr. Marier asked if two men went to pickup black top. Mr. Volk said one pf the persons -was one of 1 1 1 JULY 14, 1975 1 7.7 youths we have working on the summer programs? He helps spread the blacktop. Mr. Zelinka asked if the trucks return to the Hall or do they go directly to the job? Mr. Volk said they go directly to the site to be patched. Mr. Marier suggested that the second man be dropped off. He could be cleaning the places to be patched. There is to be only one man in a truck. Mayor Bohjanen reported on the meeting with the Metropolitan Waste Control Commission on the contract for hauling sewage. The Commission had agreed to $19.00 per 5,000 gallon load. The Clerk had called and was told this contract must be approved by the Board at their meeting to be held on Tuesday. The Contract will then be sent to the City for approval or rejected. This figure will be paid retroactive to January 1, 1975. The total number of homes allowed was held at 55. The Commission had used different figures to compute the cost per mile for operation of the truck. Mr. McLean asked if the $19.00 per load figure would cover our cost? Mr. Zelinka said, No. Mr. McLean asked how does the City pick up the differ- ential by raising the sewer charges? Mr. Locher said there must also be a plan for maintenance of the sewer lines and the lift station. Mr. Zelinka felt that a set of valid figures is necessary before more negotiations. Mr. Jaworski asked if the utility charges for pumping the sewage and the depreciation of the lift station had been included in the figures. It was felt that they had not been included. Mr. Jaworski wondered how much it would cost the Metro Waste Control Commission if this hauling was contracted by a private party? Mr. Marier felt that this is the responsibility of the City. Mr. Jaworski felt that the Metropolitan Waste Control has one responsibility in that area since this whole project was done with the approval of the Metropolitan Council. One of the residents of the Shenandoah area asked if there had been any progress on their problem in the way of getting a holding tank installed in order for the sewage to be pumped and hauled in'that area? Mayor Bohjanen said that the Shenandoah area had not been discussed at that meeting. Mr. Marier felt that the City cannot expand the facility of hauling sewage. This could be an endless situation. This Council must consider the entire City, not specific areas. Mr. Jaworski had understood Mr. Ray Payne to say that the Metropolitan Waste Control would pay for the hauling of that sewage. Mr. Marier said he was surprised at the Attorney General's decision not to intervene. He felt that this Council should walk lightly - this City cannot take on any more hauling, this could mushroom Mr. Jaworski felt that the City has a responsibility to the residents in that area. Mr. Marier felt that at the time of the installation of the septic systems in that area, the plubming inspector had red tagged those homes and had been pressured into approving the-systems. The Contractor had been x78 JULY 14, 1975 told to build on every other lot and to provide adequate septic systems until the sewers were installed. Mr. Marier felt that the contractor had not lived up to the stipulations and the responsibility is the contractors. These systems are under six year statute of limitation. Mr. Marier said this City cannot take on more responsibility for hauling of sewage. Mr. Jaworski agreed but the people in that area have a problem and since the City approved that plat, the City must assume some of the responsibility. Some one from the audience asked why Mr. Rehbein had been allowed to build on every lot? Mr. Marier said that the plat had stated every other lot. Mr. Locher was questioned on the legal aspects of this. He asked if this was a plat requirement? Is this in the minutes? Mr. Marier said, Yes and the developer did not comply, would this violate the plat? Mr. Locher said this would not violate the plat but would be a violation of his agreement with the City. Mr. Locher felt it was important to determine why the building permits were issued. Mr. McLean asked if this happened because the Building Inspector was lax or did not know of the stipulations? Mr. Marier felt that this is not within the jurisdiction of the building inspector - his job is to inspect the construction. The contractor knew the limitations placed and should have stayed within the rules. Mr. Locher said if the contractor had violated his agreement, he has possibly expoeed himself to criminal action by the homeowners. The builder says that he installed the systems according to state specifications but the owners say that water is seeping in. Mr. Marier asked that all minutes pertaining to the approval of that plat be pulled and researched. All information be given to the Attorney for a report at the next Council meeting. Mr. Marier so moved. Seconded by Mr. McLean. Motion carried. Mayor Bohjanen reported that Mrs. Opal Peterson had introduced a Resolution at the Metropolitan Council meeting to allow the Metropolitan Waste Control Commission to construct the Centerville -Lino Lakes Interceptor but had not received a second. She asked for a meeting with all interested parties in order for this matter to be settled one way or another. Mayor Bohjanen said he was dissappointed with the answer from Warren Spannaus. There had heen no indication at the meeting with the Metropolitan Waste Control Commission that they would pay for hauling sewage from Shenandoah. There was an indication from Mr. Gnerre that if there is a second area to be serviced, he would talk with the Council. Mr. Marier suggested contacting all Metro Council members, presenting the City's views on this subject, ask their intent and request a reply by July 28, 1975. Mr. Zelinka asked if Mr. Locher's file on the sewer should be included. The copy machine needs service, so the Clerk wasasked' to contact Mrs. Peterson and request that she make copies for all Metro Council members. 1 1 1 JULY 14, 1975 Mr. Marier so moved. Seconded by Mr. McLean. There was more discussion on this subject with some of the audience asking that Mr. Payne, Mr. Dougherty, Mr. Charles Weaver and Mr. John Boland be asked to attend this meeting. Mr. Marier said all would be invited. The vote was unanimous on the motion. Mr. Locher had looked over the application for a 3.2% Beer Off Sale license. However, the application was dated July 8, 1975 and could only become effective on that date. Mr. Marier asked why this was late. The Clerk reported that the first application mailed to Mrs. Ross had not been returned so she had requested a second application. Seconded by Mr. Marier. Motion carried. A resident of Shenandoah interrupted to ask if the septic system at his home is installed illegal, does he have a recourse against the builder? Mr. Locher said criminal action could be brought but the complaint must be signed before. Judge. The resident asked if this complaint was signed, would this bar any civil suit and Mr. Locher said, No. Mr. Locher reported on a hearing to be held on July 16, 1975 at 235 Marshall at 10:00 A.M. to discuss the proposed rules and regulations on the Shoreland Act. Mr. Locher had obtained a tentative classification of the Lakes in Lino Lakes which he read for the Council. Mr. McLean noted that this draft is not final at this point and won't be until the hearings are complete. There was some discussion of the rules as laid out in this draft and the contridictions. He suggested that the Council members take a look at this draft. The Clerk was asked to make copies for all members. Mr. Locher had also received the corrected maps of the flood hazard areas from the DNR nothing that these maps should be sent to the Federal Government. Mr. McLean moved to forward the maps to the correct agency.. Seconded by Mr. Zelinka. Motion carried. Mr. Gotwald had checked the requests from Northwestern Bell and North Central and °there are no objections for the planned installation of the buried cable and the gas main. However, Mr. Gotwald asked that these firms be reminded that no grading has been done on the boulevard areas and if the installation is not put in at the correct depth there could be problems. Mr. Marier moved to approve the request from North Central. Seconded by Mr. Jaworski. Motion carried. Mr. McLean moved to approve the request of Northwestern Bell in the Pine Vista plat. Seconded by Mr. Jaworski. Motion carried with Mr. Marier abstaining. Mr. McLean moved to approve the request of Northwestern Bell for the installation on Farm Avenue (21st Avenue). Seconded by Mr. Jaworski. Motion carried with Mr. Marier abstaining. The Clerk said she had received a request from Mr. Harvey Karth of the Lino Athletic Association for the use of the Hall on July 30, 1975 at 8:00 P.M. for an open meeting. Since there is no conflict, Mr. McLean moved to approve the request with the stipulation that Mr. Karth be responsible for the cleaning of the Council Chambers, if necessary. Mr. Jaworski seconded the motion. Motion carried. On Requision #589, Mr. Marier asked if the work had already been done and was 179 tb 0 JULY 14, 1975 that it had been, as an emergency. Mr. Marier reminded the Council that no one member has the authority to approve the bill of over $500.00. This must be done by the Council action. Mr. Zelinka agreed but felt A phone call to each Councilman would serve the purpose. Mr. Marier questioned the financial position of the City. He asked the Clerk to get the bookkeeping records. He checked the postings in the secondary book and felt that since the posting for June had not been entered, the Clerk should prepare a complete financial: report. Mr. Zelinka moved that this report be mailed each time with the agendas in order to give the Council time to study the report. Seconded by Mr. McLean. Motion carried. Mr. McLean asked how much had been issued under warrant checks. The Clerk said approximately $20,000.00. The Auditors' office had informed the Clerk that the tax levy would amount to $47,906.78 for the first half. This is about two - thirds of the amount levied. If this trend continues, then the City will receive approximately two- thirds of the amount levied this year. Mr. Marier asked if the monies approved for the road work would be available. The Clerk said she didn't know. After some discussion on the requisitions, Mr. Marier moved to approve No.'s 583 and 584, and to hold the remainder. Seconded by Mr. McLean. Motion carried. A lady from the audience asked the purpose of the poles areound the Hall Park and was told it was to designate the parking area for the cars. The lady felt that if that was the purpose then a sign should have been posted to tell the people from Scandia, Wyoming and other outside areas where they could park. This would have made the parking on Main Street unnecessary and thus the trouble could have been avoided. Mr. Marier said it was possible an over sight that a sign telling the people that the purpose of the poles was to designate a parking area, but he felt that the poles were self explainatory. He felt that people should conduct themselves in a reasonable manner. If an apology is due, then the City should apologize. Mr. Jerry Hanson was upset because poles had been placed in the center of the Park area thus blocking cars from parking by the ball diamond to the West. He asked that they be moved. The Council said that the purpose of the poles was to bar all cars from the Park area and the poles will not be removed. The lady asked if it would be illegal for them to post a sign telling people where to park. Mr. Marier felt that if the Association felt it was necessary for the people to be told where to park then he! °would move to allow one parking sign to be posted. He so moved and Mr. McLean seconded the motion. Motion carried. Mr. Jaworski moved to approve payroll checks No. 3030 through and including No. 3048. Seconded by Mr. McLean. Motion carried. Mr. Marier moved to approve checks NO. 6472 through and including NO. 6478. Seconded by Mr. Jaworski. Motion carried. Mr. Marier moved to adjourn at 10:40 P.M. Seconded by Mr. Jaworski. Motion Carried. CLERK - TREASURER These minutes were approved at the July 28, 1975 Council Meeting.