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HomeMy WebLinkAbout11/10/1975 Council Minutes1 1 NOVEMBER 10, 1975 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., November 10, 1975 by Mayor Bohjanen. Council Members present: Marier, McLean. Absent: Jaworski and Zelinka. Mr. Richard Beens was present substituting for Mr. Locher who is out of town. Approval of the minutes of October 28, 1975 was delayed for lack of a quorum. Mr. Howard N-iesen, State Representative, was present. Mayor Bohjanen turned the meeting over to Mr. Niesen. Representative Niesen reported that he had checked on the possibility of providing training for part -time patrolmen and found that there is no appropriations to cover this cost. A bill will have to be introduced and passed by the Legislature. He found that the BCA school is interested in this and many of his colleagues expressed interest. Mr. Niesen said he would work to get such a bill authored to provide this training and will keep the Council informed on the progress. Mr. Niesen said he had read the many bicycle laws and had found that the same problems exist in other communities. He had talked with many members of the House of Representatives and found very little support for the re- writing of these laws. Mr. Niesen will continue to try for some reform in that area. Mr. Niesen thanked Mayor Bohjanen for his assistance in setting up the sub - committee hearing on the Fiscal Disparity Act. This meeting is scheduled for Thursday, November 12, 1975 at 3:00 P.M. and will be held in these Council Chambers. Mr. Jaworski and Mr. Zelinka arrived. Mr. Niesen felt this would be a very productive meeting. There are amend- ments to strengthen, amendments to weaken and amendments to abolish the bill. The meeting will give all people a chance to present their views. Mr. Niesen reminded the Council that the 1976 Legislative Session begins on January 27, 1976 and that now is the time he needs input from the local Municipalities. If their views on the bills are made known to him, then he has direction as to his vote. Mr. Niesen will be mailing a questionnaire soon. The meeting scheduled for November 13, 1975 will convene at 3:00 P.M. and continue until all people have had a chance to testify. Mr. McLean asked when the Land Use Bill will be heard in the coming session and Mr. Niesen said that would be one of the first, if not the very first bill to be heard. There are some revisions but all have not been completed as yet. When these are completed, he will mail copies of the bill to the Council. Mr. McLean felt that most suburban communities will be very interested in the progress of that bill. Mayor Bohjanen thanked Mr. Niesen for attending this meeting and giving the Council this information. Mayor Bohjanen reminded Mr. Niesen that he is always welcome at a City Council meeting. .�45 NOVEMBER 10, 1975 On considering the October 28, 1975 minutes, Mr. Zelinka moved to approve as presented. Seconded by Mr. McLean. Motion carried. Mr. McLean moved to approve the minutes of the November 5, 1975 Meeting as presented. This meeting was held for the purpose of canvassing the ballots of the November 4, 1975 Municipal Election. Motion was seconded by Mr. Jaworski. Motion carried. On consideration of the minutes of the Police Meeting, it was agreed to consider each set of minutes separately. Mr. Jaworski moved to approve the minutes of September 18, 1975 as presented. Seconded by Mr.MeLean. Motion carried, with Mr. Marier abstaining. Mr. McLean moved to approve the minutes of September 24, 1975 with the corrections. Seconded by Mr. Zelinka. Motion carried, with Mr. Jaworski abstaining because he felt the open meeting law had been violated,in that the Clerk had been instructed to keep these minutes confidential. Mr. Zelinka asked the Clerk to read that portion of the minutes that refers to this action. The minutes read as follows: "The Clerk was also instructed that these minutes are to remain strictly confidential and that no one is to get a copy. It was also suggested that she type them at home to insure privacy." Mr. Marier asked if this was done by motion or a Resolution or was it a general statement. Mayor Bohjanen said it was a general statement with implied consent of all present. Mr. Jaworski moved to approve the minutes of October 1, 1975, as presented. Seconded by Mr. McLean. Motion carried with Mr. Marier abstaining. Mr. Jaworski moved to approve the minutes of October 8, 1975 as presented. Seconded by Mr. McLean. Motion carried with Mr. Marier and Mr. Zelinka abstaining. The Clerk's Report included the following: ...A letter from the Anoka County Board of Commissioners informing the Council that a survey crew had been hired to work on major alignments and the so- called gaps of this letter. Mr. Marier asked the Attorney about the legality of moving a survey stake. Mr. Beens asked if these were County Survey Stakes or stakes put in in conjunction with a private survey? If the stake is a County Survey stake, Mr. Beens thought it would be a misdemeanor to remove the stake. If it is a private survey stake, he did not feel there was any law against removing the stake. However, he felt this should only be done with both parties in agreement. ..:Northwestern Bell Telephone had applied for permission to bury cable on Deer Pass Trail. This application had been approved by the Engineer. Mr. Zelinka moved to approve the application. Seconded by Mr. Jaworski. Motion carried with Mr. Marier abstaining. 1 NOVEMBER 10, 1975 (Clerk's Report Continued) ...All Councilmembers have a copy of the letter from the City of Maplewood on the subject of the Fiscal Disparities Act. ...Notice of a Hearing in the matter of proposed rules relating to the regulations of cable communications to be held December 17, 1975, in Room 15 of the State Capitol Building beginning at 9:00 A.M. ...All Councilmembers have a copy of Rep. Oberstar's report on Federal Revenue Sharing. ...Received an application for a Bingo Permit from Rev. John Wirth of St. Joseph's Church for Sunday, November 23, 1975. Mr. Jaworski moved to approve the application. Seconded by Mr. Zelinka. Motion carried. ...Received a request from the DFL Party for the use of the Hall on Tuesday, November 11, 1975 at 8:00 P.M. Mr. McLean moved to approve the request. Seconded by Mr. Jaworski. Motion carried. ...Had received affidavits of publication from the Construction Bulletin for the advertisement for bids for the wells. ...Received a "Thank You" note from the Drifters' Snowmobile Club for the use of the snow fence for their drag races held on September 21, 1975. ...Read a letter from Mr. Francis Timmers, 1541 LaMotte Drive, objecting to the height of a fence being installed by Mr. Marvin Luger on the property line separating the two lots. Mr. Timmers said the fence extends to the front and blocks their view when backing from their driveway. Mr. Jaworski said if the variance requested had an adverse effect on the adjoining property owner, would not that property owner need to be notified of the request for a variance? Mr. Timmers asked to see the picture that was attached to the variance request. He felt the picture did not fully show the effect of such a fence. Mrs. Timmers said their property is only thirty eight (38) feet wide at the street and that Mr. Luger has trees planted and a rock garden that could extend onto the boulevard. She asked one of the Council members to visit the site and take a look. She also felt the adjoining property owners should be notified when such a request is heard. Mr. McLean requested the minutes of the Planning and Zoning Board that included this hearing. There was no indication from these minutes that the adjoining property owner had been either consulted or notified of Mr. Luger's plans The variance was for height, allowing Mr. Luger to install a fence six (6) feet high instead of the three and one -half (32) feet as required by Ordninace # 56. Mr. Timmers said when the fence was started one month ago, he asked Mr. Luger how high it was and was told six (6) feet. A copy of the Ordinance # 56 was requested by the Council. The portion that deals with fences, clearly states that adjoining property owners must be notified. Mr. Zelinka said that he had been under the impression that Mr. Luger had the approval of his neighbor and was asking for the variance just to make the installation legal. 24 NOVEMBER 10, 1975 After some discussion, Mr. Marier felt that the Council should rescind the variance. Mr. Marier moved that Mr. Luger be contacted and told that the first thirty (30) feet would have to be lowered to the three and one -half (32) feet as stipulated by the Ordinance. If he has objections to this, he should appear at the Planning and Zoning Board meeting scheduled for November 19, 1975 at 8:00 P.M. Mr. Zelinka felt that he should be told this action was necessary because the adjoining property owner had not had an opportunity to present his views on the height of the fence. Mr. Marier felt that all adjoining property owners should receive notice of variance requests. Mr. Zelinka seconded Mr. Marier's motion. Motion carried. Mr. Jaworski asked when Mr. Luger made application for the variance and the date on the variance request was the same day as the Planning and Zoning Board meeting. Mr. Jaworski felt that there is a requirement of having the request in the City Offices ten (10) days before the Planning and Zoning Board Meetings and this rule should be adhered to. Mr. Marier said there should be a ten (10) day moratorium unless it is agreed by all members present to hear the request. Mr. Timmers asked what happens if Mr. Luger still insists on the six (6) feet? Mr. Marier said he would have to appear before the Planning and Zoning Board and notices will be sent to all interested parties. Mayor Bohjanen presented the 1976 Budget. He read the following figures: Budgeted for Feneral Fund - $94,640.00 with anticipated income of $74,345.00 leaving $20,295.00 to be levied; The Fire Fund - $16,600.00 - the entire amount to be levied; Civil Defense - $1,100.00 - the entire amount to be levied; Park Fund - $25,000.00 with anticipated income of $5,776.00 leaving $19,244.00 to be levied; Road Fund - $77,000.00 with anticipated income of $65,000.00 with $12,000.00 to be levied; Debt No. 1 - $14,100.00 to be levied; Police Department - $78,800.00 with an anticipated income of $30,000.00 leaving $48,000.00 to be levied; Shop Fund - $18,400.00 to be levied; Utility Fund - $7,600.00 with an anticipated income of $7,600.00 with no levy for that department, The total amount to be levied is $150,519.00. This is the total of the levey limit of$150,113.55 and $405.81 in abatements allowed by the State to be levied outside the limitation. The estimated assessed valuation is $10,164,971.00 with an estimated mill rate for 1976 of 14.76 mills. The total State Aid for 1976 is $82,814.36. The total budget is $333,240.00. Mr. Marier asked the dollar increase over last year's budget. Mayor Bohjanen said the total budget for 1975 was $289,663. Mr. Marier asked the percentage of increase. Mr. McLean had computed the increase at 15 %. Mr. Marier said there has been a 25% increase over the past two years - can the citizens expect another 25% increase over the next two years? Mayor Bohjanen said he hoped not. This budget has been trimmed and is as tight as it can be. Mr. Peter Scherer felt the City is progressing and answering the demands of the citizens for better roads and services. 1 1 NOVEMBER 10, 1975 Mr. Zelinka agreed that more dollars are spent but the mill rate is stable He said he remembered the Road Budget three years ago as about $40,000.00; the Fblice Budget possibly $30,000.00; the Park Budget around $10,000.00. The differences in these three areas alone would account for a good per- centage of the increase. Mr. Jaworski asked if the next two years can be anticipated as the same as the past two years or will the expenses keep increasing? Mr. Zelinka said any suggestions would be greatly appreciated. Mr. McLean remined Mr. Jaworski that this budget had been built on a precentage basis and that some of the departments had been increased and some decreased depending where the Council felt the needs were. Mr. McLean also said the figure in the Police Fund is not ample if the current demands are met. Mayor Bohjanen felt that by careful planning the Police Department could live within the $78,800.00 budgeted. Mr. Marier asked if the maximum amount was to be levied and Mayor Bohjanen said, Yes. Mr. Marier asked if this had been done for last year also and Mayor Bohjanen said that it had. Mr. Jaworski questioned the maount in the Fire Fund. Mayor Bohjanen said the figure in the budget will cover both Centerville and Lexington Contracts. Mr. Munson had appeared at the last budget hearing and a 10% administration charge had been negotiated out of the contract. Mr. Jaworski felt that Lino Lakes is being asked to pay a portion of Lexington's Fire Marshall's salary. Mayor Bohjanen said this was included in the 10% reduction in the costs. Mr. Zelinka moved to certify the budget to the Anoka County Auditor. Seconded by Mr. McLean. Motion carried with Mr. Marier and Mr. Jaworski voting, No. Mayor Bohjanen said that a special meeting for the consideration of the new dog ordinance should be scheduled. The date of Thursday, November 20, 1975 at 8:00 P.M. was set as an open meeting for consideration of this ordinance. Mayor Bohjanen asked the reporters present to make note of this date in their stories. Mr. Marier said he had received a list of people whose terms expire at the end of 1975, was there a particular reason for this? Mayor Bohjanen said it was just informational. Mr. Jaworski had no report other than the information provided the Council in Mr. Volk's.report. Mr. Marier had no report. Mr. McLean had no report. Mr. Zelinka had no report. 49 NOVEMBER 10, 1975 Mr. Gotwald reported on the bids for the wells to be installed at Sunrise Park and at the Hall property. There were three (3) bidders: E. H. Renner - $4,011.00 per well for a total of $8,033.00; McCullough Well Drilling - $3,416.00 per well for a total of $6,832.00; Schroepfer Well Drilling - $3,283.00 per well for a total of $6,566.00. Mr. Gotwald said these bids are for 4" casings; 4" screen 10 feet in lenght; 3 HP pumps,; frost proof drain; 2" hose connections; switch installed inside exist- ing buildings. Mr. Gotwald felt the low bidder is well within the earlier estimates that had been received. He said the only cost figure that could vary would be the depth. The low bidder's cost per foot is $6.50 for a maximum depth of 250'. This cost could be less if it is not necessary to go to the maximum depth but if it becomes necessary to go deeper, the cost could rise. Mr. Jaworski asked if the 2" hose connection is necessary to obtain the re- quired fifty (50) gallons per minute. Mr. Gotwald said, No, but an adapter can be used to reduce that connection. It is better to reduce the size rather than try to increase size. Mr. Jaworski said the City owns 11" hose at the present time and felt that a 2" hose is too hard to handle. Mr. Gotwald said there would be no problem reducing the connection to fit the hose. Mr. Marier asked if there was nothing that can be done with the present pumps? He was told no. Mr. Marier asked who made thtt decision? Mr. McLean said the decision had been presented by Mr. Volk with the assistance of two well drillers. Mr. Marier looked at the report given to him by Mrs. Oman, and noted there was plenty of water in the wells, the problem appeared to be with the pumps which are only 1 HP pumps. Mr. Zelinka asked if there was any value in pulling the old wells and drilling deeper and Mr. Gotwald said, No. Mr. Gotwald thought the old wells should be left as is and used where they are presently connected and they could serve as a back -up system. Mr. McLean moved to approve the well installation at Sunrise Park per the low bid of $3,286.00. Seconded by Mr. Zelinka. Motion carried. Mr. McLean moved to approve the well installation at the'Hall property per the low bid of $3,286.00. Seconded by Mr. Zelinka. Motion carried. Mr. Marier asked if the motions should not include a maximum? Mr. Gotwald said the cost could be lower but they could also be higher. The well drillers felt that water could be reached at about 200 feet. Mr. McLean moved in reference . to the previous motions, the expenditures to be limited to the bid costs of $3,826.00 on each well. Any additional expenditures must be approved by the Council. Seconded by Mr. Zelinka. Motion carried. Under Old Business, Mr. Zelinka asked if there was a reason for not including the contractual costs on the roads in the over -all expenditures and was told that all the contract figures are not in and this will be totaled when complete costs are in. 1 1 1 NOVEMBER 10, 1975 tj Mr. Jaworski said at the last Council meeting he had mentioned the figure of $1,800.00 as being the cost to the City for Mediation Service. He asked the Clerk if this had been checked. The Clerk said there was no mention of this in the minutes and she had no knowledge of this request. Mr. Ringaman from the audience asked how the Council could approve a budget before the contracts are signed, especially with the Fire Departments and the Police Department? Mr. McLean replied that these departments had presented figures to the Council and by combining the cost to beth Centerville and Lexington, the figure in the final budge will cover these costs. Mr. Beens, The Attorney, explained to Mr. Ringaman that a Municipal Budget is just a guide line for the Council. It is the best reasonable estimate as to what monies are available to be spent in which areas. If there are unexpected expenditures in one department, monies may be transferred from another department to cover those expenditures. Mr. Ringaman said he had not understood that monies could be interchanged bewteen departments. The requisitions for snow tires for the Police Department was questioned and Chief Myhre said this is for the Patrol Car that has not had snow tires. Mr. Jaworski moved to approve requisitions No. 629 through and including No. 632. Seconded by Mr. Marier. Motion carried. Mr. Tobish was in the audience in response to a letter asking why the truck had not been moved. Mr. Jaworski reminded Mr. Tobish the storage permit had been issued with the understanding that the truck would be moved to the rear and covered. Mr. Tobish was to also clean the property and do some painting. So far nothing had been done. Mr. Tobish said that he had been in the hospital but that the truck will be moved and the work taken care of within the next two weeks. Mr. Zelinka asked Mayor Bohjanen if he had discovered a reason for the failure of the pump motor on the gas pump and Mayor Bohjanen said as far as he can ascertain, the pump had just worn out. Mr. Zelinka asked the Clerk to compile a comparison between the fuels purchased and the fuels pumped from that tank. Mr. Marier suggestion checking the water level of condensation in the tank. Mr. Randy Ringamen said that he had heard rumors that the Council was considering Police Coverage from the County. He asked if there was any truth in that rumor. Mayor Bohjanen said he had also received a copy of that flyer, if that was what Mr. Ringamen was referring to and that such material is not considered since the partied distributing the flyers did not have the courtsey to sign their names. 252 NOVEMBER 10, 1975 Mayor Bohjanen said this is not the only rumor that has been circulating these past few weeks. Mayor Bohjanen said the County had been contacted for their cost figures for consideration during the hearing with the Police Union representatives and their proposed contract. Mr. Ringaman asked if there would be a hearing if the Council decided to consider the County for Police Coverage and Mayor Bohjanen said, Yes. Mr. Jaworski asked if the County had been contacted for just the figures, why had a contract also been .;mailed Mayor Bohjanen said the contract was mailed by the Sheriff's office. A gentleman from the audience said this is of great concern to all citizens with the moving in of the hard core criminals at the Treatment Center. Mr. Ringaman asked if that facility is State run? does the City have any say in what ahppens there? Mayor Bohjanen said this is a State owner and operated facility. Mr. Ringaman asked, that with the additional prisoners to be housed there, does the City receive any additional aid from the State for additional time spent there? Mayor Bohjanen said the City is paid for actual hours spent assisting the State. Mr. Jaworski asked if the bill for the services of the Lino Lakes Police Department had been submitted and the Clerk said, Yes. He asked how much per hour had been charged. The Clerk said $6.87 per hour for man and car. She had asked Chief Myhre and this was the cost figure he had given her. The Council felt this was too low. Chief Myhre said that he had used the overall amount spent by the Department and divided by the man hours and this is the cost figure he arrived at. Mr. Zelinka reminded Mr. Jaworski these figures are computed on a part -time Police Department and not since the Department has been full -time. Mr. Jaworski moved to approve Checks No. 6705 through and including No. 6732. Seconded by Mr. Marier. Motion carried. Mr. Jaworski moved to approve Payroll Shecks No. 3215 through and including No. 3248, with No.'s 3234 and 3235 bening void. Seconded by Mr. Marier. Motion carried. Mr. Marier moved to adjourn at 10:20 P.M. Seconded by Mr. McLean. Aye. THESE MINUTES WERE APPROVED AT THE NOVEMBER 24, 1975 COUNCIL MEETING WITH CORRECTIONS INSERED THAT WERE MADE THAT DATE. LERK- TREASURER 1 1