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HomeMy WebLinkAbout01/12/1976 Council Minutes1 January 12, 1976 The first regular Council meeting of the year 1976 was called to order at 8:00 P.M.. on January 12, 1976 by Mayor Bohjanen. Councilmembers present; Karth, McLean, Schneider. Absent; Zelinka. Mr. Locher and Mr. Gotwald were present. On considering the minutes of the December 22, 1975 meeting, Mayor Bohjanen asked the Attorney for legal advice on approving those minutes since there is only two members of this Council who were present at -the December 22, 1975 meeting. Mr. Locher said that a quorum of those present at the December meeting and are present at this meeting could approve the minutes. Mr. Jaworski, from the audience, said he didn't understand - was Mr. Locher saying that the two members that were present at the December meeting could approve the minutes at this meeing? Mr. Locher said, Yes. On the ruling made by the Attorney, Mr. McLean moved to approve the minutes of the December 22, 1.975 meeting as presented. Seconded by Mayor Bohjanen. Motion carried. The minutes of the January 3rd and 5th concerning the position of the City in the matter of the mediation hearing for the Police Department Contract were tabled until the January 26, 1976 meeting. Mr. Marier, from the audience, questioned the legality of those meetings since one of the members who participated was not sworn in before the meetings were called to order. Mayor Bohjanen said he had checked on this requirement and it is not necessary to -be sworn in each term. This is a formality and not re- quired by law. Mr. Locher confirmed this statement citing a ruling in 1957 that says an elected official is elected to serve until replaced. Thus the law only requires that he be sworn in at the beginning of his service. The Clerk presented the following report; ..A letter from the Anoka County Auditor announcing that Precinct caucuses will be held on Tues -day, February 24, 1976 at 8:00 P.M. The law states that no other meetings may be scheduled after 7:00 P.M. on the day of a political party precinct caucus. ..A payment in the amount of $191.20 from the Metropolitan Council. This represents 80% of the tax levied by the municipality on lands acquired in 1974 by Anoka County for the Lino Lakes Regional Park. ..A check in the amount of $5,752.58 from the Anoka County Auditor. This is the settlement of the 1975 area wide tax. ..The Lino Lakes Athletic Association requestes the use of the Hall for a meeting on January 28, 1976 at 8:00 P.M. Mr. McLean moved to approve the request. Seconded by Mr. Schneider. Motion carried. ..A check for $1,045.00 from the Metropolitan Waste Control.Commission in payment for December sewage hauling had been received. ..A schedule of the proposed funding for the Five Year Capital Im- provements Program for Regional Recreational Open Space by the Metropol- itan Council had been received.. This program will have public hearing on January 22, 1976 at 7:30 P.M. in the Metropolitan Council Chambers in the Metro Square Building. There was some discussion of this proposal with Mr. McLean saying that he plans to attend. ..Copies of the Natural Resources Model Ordinances had also been January 12, 1976 received. Mr. Locher was asked to look at these. The Metropolitan Council has scheduled a public hearing in connection with these ordinances for Thursday, February 5, 1976 at 1:30 P.M. ..Permit applications from the Rice Creek Watershed District had been received. These must be filled out in reference to the wells being installed at Sunrise Park and at the Hall Park. Mrs. Ernie Zelinka, member of the Lino Lions Club Lionettes, was present to present some equipment to the Police Department. Mrs. Zelinka thanked the Council for allowing them to attend and make this presentation. The equipment was purchased with funds from a fund raiser sponsored by that organization. Mrs. Zelinka asked Chief Myhre to explain the useage of the items. Chief Myhre said the one piece is used for exactly what it looks like - a giant can opener. This is used to cut through the top of cars or doors in order to free the prople trapped in accidents. The other piece is used to free people from under a steering wheel. This is a pulley type unit. He thanked Mrs. Zelinka and her Club for the gift and said he hoped it wouldn't be necessary to use them very often but if the need arose, it is nice to have the equipment available. Mrs. Zelinka asked the Council to contact her if they know of a need of someone in the community or if there are special needs of the Council. They would like the opportunity to try and assist. Mayor Bohjanen thanked her for the gift and for the offer to assist the Council and the community. Mayor Bohjanen proceeded with the appointments for the year 1976. It III was decided to hear the appointments until a question arose. The ones previously named would then be approved and the one in question would be discussed. Attorney - Babcock, Locher, Neilson, Mannella with Mr. Locher as City Consultant; Engineer - Milner Carley Associates with Mr. Gotwald as City Consultant; Planner - Beckman Yoder Associates with Mr. Short as City Consultant; Assessor - Mr. Arnold Kelling. Mayor Bohjanen said that Mr. Kelling would like to retire and had suggested the City find someone to be trained for this position. Before discussing this, Mr. McLean moved to approve the appointments through the Planner. Seconded by Mr. Schneider. Motion carried. Mr. Kelling explained that he has basically completed the 1976 assess- ment and work on the 1977 assessment will not begin until around July. He would ask that by that time the City has someone to take the position. He will be glad to train them and will assist in any way he can. There was discussion of appointing Mr. Kelling as temporary assessor. Mr. Zelinka arrived at 8:25 P.M. The general consensus of the Council was that Mr. Kelling could resign the position at his convience. Mr. Zelinka moved to appoint Mr. Arnold Kelling to the position of Assessor for the year 1976. Seconded by Mr. Schneider. Motion carried. Mayor Bohjanen continued with the following appointments: 1 January 12, 1976 Mr. Eugene Mobley- Building Inspector; Mr. Robert Vadnais - Plumbing Inspector; Mr. Gerald Beach - Tree Inspector; Mr. R. V. Ellingsen - Week Inspector; Mr. McLean moved to approve the above listed appointments. Seconded by Mr. Zelinka. Motion carried. Mr. Roy Backlin was named as Fire Marshall. Mr. McLean asked if this would in any way interfer with his retirement funds and Mayor Bohjanen said that he had contacted Mr. Backlin and had been assured there was no problem. The Mayor made the following appointments; Mr. Roy Backlin - Fire Marshall; Mr. Charles Cape - Civil Defense Director; Metropolitan Animal Patrol - Animal Cnntrol; Mr. McLean moved to approve these appointments. Seconded by Mr. Karth. Motion carried. On considering the Auditor, Mayor Bohjanen named the firm of Hill Milne with Mr. Wally Hill as direct liaison. Mr. Schneider asked how long this firm had done the audit for the City and he was told approximately six or seven years. Mr. Schneider said that he could not judge this firm on their quality of work or on the availability of advice - he has no knowledge of these things. He felt that since the 1975 audit is in process, this would not be an opportune time to change firms. He suggested, if a change is to be 'made, that it be done in July. After some dis- cussion, Mr. Schneider moved the firm of Hill -Milne be appointed Auditor through the first quarter of the year. Seconded by Mr. Zelinka. Motion carried. Mr. McLean asked if the Council is looking for a new auditor and Mr. Zelinka said there is no problem with the certification of the books but felt that more could be done in advising the Council and on financial control. Mayor Bohjanen continued with the appointments noting the Public Works Supervisor is hired and not appointed. Mr. Locher said according to the League of Municiplaities, appoint- ments that are made for an indefinite term need not be reaffirmed each year. The City had received letters from the Circulating Pines, the Anoka County Union and the Forest Lake Times asking they be considered as the official newspaper of the City. The Mayor asked the Clerk to read the letters. The letters were read and after some dis- cussion, the Mayor named the Forest Lake Times as the official legal paper for the City; Springsted, Inc. - Bond Consultants; Centennial State Bank - City Depository; Anoka County Health Department - Municipal Health Department; Mr. Zelinka moved to approve the above appointments. Seconded by Mr. McLean. Motion carried. Mr. Gerald Clausen was named to continue as a member of the Anoka County Advisory Board in:conjunction with the Chain of Lakes Park. Mr. Schneider so moved. Seconded by Mr. Karth. Motion carried. The following names and terms were submitted for the Planning and Zoning Board. Mr. Edward Karth - 3 years; Mr. James Hill 3 years; a 4 January 12, 1976 Mr. Pierre Nadeau - 2 years; Mr. James Shearen - 2 years; Mr. Bruce Houle - 2 years; Mr. Arnold Kelling - 1 year; ?r. Kenneth Gourley .- 1 Year. Mr. McLean moved to approve the appointments. Seconded by Mr. Schneider. Motion carried. Mayor Bohjanen presented the following names and terms for the Park, Recreational and Enviornmental Commission ; Mr. Dick Olson - 3 years; Mr. Frank Resch - 3 years; Mr. Ted Gredvig - 3 years; Mr. Randy Ringaman - 2 years; Mrs. Ina Liljedahl - 2 years; Mr. Peter Scherer- 1 year; Mr. Rodney Hanson- 1 year. Mr. Schneider moved to approve the appointments. Seconded by Mr. Zelinka. Motion carried. Mayor Bohjanen presented the following names and terms for members of the Personnel Commission; Mr. Curtis Kramer - 3 years; Mr. Lawrence Johnson - 3 years; Mr. James Livingston - 2 years; Mr. Richard Carties - 1 year; Mrs. Fran Kelly - 1 year. Mr. McLean moved to approve the above appointments. Seconded by Mr. Karth. Motion carried. The Council responsibilities are as follows: Mayor Bohjanen - Incharge of the Police Department, Civil Defense, Fire Departments and Administrative Office. Alternate to Metropolitan Training Center Mr. Zelinka- Acting Mayor in Charge of Personnel Commission and Alternate to Metropolitan Waste Control Commission Mr. McLean - Mr. Karth - Mr. Schneider - Liaison to Planning and Zoning Board Representative to Anoka County Park Commission Alternate to Park, Recreational and Enviornmental Commission. Alternate to Budget and Finance. Liaison to Road and Shop Departments Representative to Metropolitan Transit Commission Alternate Liaison to Planning and Zoning Board. Liaison to Park, Recreational and Er;viornmental Commission Representative to Metropolitan Waste Control Commission Representative to Minnesota Metropolitan Training Center Liaison to Budget and Finance. Mayor Bohjanen said he had named an alternate to each Commission in order to have Council liaison at the meetings. Mr. Zelinka asked if there was to be a Budget and Finance Commission named and Mayor Bohjanen said, No, the two Council members are the Commission. Mr. Jaworski, from the audience, asked how there could be three Council Members on a Commission and Mr. McLean explained there are only two Council members involved with this Commission. Mr. Marier, from the audience, asked Mayour Bohjanen if this meant he would not be involved in Budget and Finance and MayorrBohjanen said that he would not be present at any of the meetings. The Alternate will attend only if the Council member in charge connot be present. Mayor Bohjanen named the following persons as members of the Bi- Centennial Committee. Mrs. Betty Livingston - Chairman; Mr. William Houle and Mrs. Ann Bohjanen as assist- ants. Mr. Zelinka moved to approve the Coucil responsibilities and the Bi- Centennial Committee. Seconded by Mr. McLean. Motion carried. 1 6 January 12, 1976 Mr. Zelinka, from the aJdience, questioned the appointment to the Metropolitan Transit Commission. He felt that Lino Lakes is no longer represented by +hat Commission. Mayor Bohjanen said he had named a representative to that Commission to attend the meetings that concern the Anoka County Highway system and in order to have contact with the happenings of that Commission. Mr. Jaworsli also wanted to know if the Mayor was appointing a Police Advisory Board at this meeting and Mayor Bohjanen said, No, he will make those appointments at a later Council meeting. He as not contacted Centerville for their nmes. The Centerville Fire Contract was considered. Mr. Dan Tourville and Mr. Norman Fritchie were here representating that Department. They were asked if the paragraph obligating the citizens of Lino Lakes tp pay for fire service was still in the contract. Mr. Tourville said, No, that para;r;aph had been deleted, however, if the resident carries a rider on his insurance for fire coverage, the fire Department can bill the insurance company. After some discussion, Mr. Zelinka moved to approve the Fire Contract with the City of Centerville for the year 1976 with the stipulation that the residents of Lino Lakes cannot be billed by the Centerville Fire Department for service. Seconded by Mr. Karth. Motion carried. The Lexington Fire Contract was considered but since there are no figures as to the IIIcost of coverage, this contract was tabled for clairfication. 1 Mayor Bohjanen asked the Clerk to read a letter from Mr. David Torkildson, Anoka County Park Department Director offering the City $750.00 for the parcel of land along Rice Creek bordering Main Street and containing 5 acres. Mr. McLean moved to accept this offer. Seconded by Mr. Karth. Motion carried. The Clerk was instructed to write to Mr. Torkildson informing him of the Council decision. Mayor Bohjanen had received an invitation from Mr. John Boland, Metropolitan Council Chairman, announcing an address to be made on the State of the Region. This will be held in the Metropolitan Council Chambers at 12:00 Noon on Jan. 19, 1976. There will be a luncheon after the address. The charge for the luncheon is $2.00. Mayor Bohjanen said he plans to attend and if cony other Council members could attend, he had the information. A letter from the City of Alameda, California had been received challenging the City to enter a contest in connection with voting. Since this is based on the BI- Centennial year theme, the letter will be turned over to that Committee. Mr. Karth had no report. Mr. McLean asked that the Council consider the Open Space Agreement with Anoka County. Paragraph 2, page 2, notes this contract is in effect with the negotiation Board members and does not bind future members. Mr. McLean felt this contract should be ratified by this Counci since there are new members. Mr. McLean moved to ratify the Open Space Agreement with Anoka County. Seconded by Mr. Zelinka. Motion carried unanimously,. The Clerk was instructed to mail a copy of the agreement to the Anoka County Board of Commissioners with notice of the rat- ification and ask for re- affirmation from the Board of Commissioners. On the Huber property, Mr. McLean has contacted the Anoka County Park Director. January 12, 1976 will provide information for Mr. McLean and this will be reported at the next Council meeting. Mr. Zelinka had no report. Mr. Schneider had no report. He asked for a list of all unfinished business before the next Council meeting. Mr. Gotwald reported on the Interceptro plans that had been received this past week. He had examined the plans and specifications and read the reports accompanying the plans. Mr. Gotwald had prepared a letter for the Council in which he recommends approval of these plans. Mr. Gotwald also reported that Mr. Rehbein had taken bids for the installation of the internal system in Shenandoah. Mr. Gotwald had analyzed the figures and had arrived at a cost of $1,800.00 per lot. He felt this is a very reasonable figure. This construc - ion could start sometime in February. Mr. Rehbein may need assistance in administering the financing in that there is the possibility of two or three of the current residents may not want sewer at this time. R. Gotwald suggested an informal meeting with Mr.Rehbein and the residents. Mr. Gotwald said that he is not suggesting the City become involved in the financing, just that they sit in on this meeting as observors. There was more discussion on this problem with Mr. Locher saying that one way to handle this would be to put all monies on deposit ahead of time. These lines will be i nstad i ed in City Streets, so the contractor must also poste .' b,:>nd . Mr. Karth suggested that Mr. Rehbein set up a trust account. Mr. Locher said this could be done. Mayor Bohjanen thought this might be the best way to handle the financial problem. Mr. Kulazsewicz, a resident of Shenandoah, was in the audience and said they are waiting for a meeting with Mr. Rehbein. There was a question of why this could not be assessed against the properties and placed on the tax rolls. Mr. Gotwald explained this could mean a delay of eight to nine months and result in a much higher cost. Mr. Zelinka asked if the Council could set a date for this meeting with the stip- ulation that this is not an official Council meeting. They would attend as observors only. Mr. Karth moved to authorize the use of the Hall on January 22, 1976 at 8:00 P.M. by Mr. Rehbein for this meeting. Seconded by Mr. McLean. Motion carried. The Clerk is to contact Mr. Rehbein with 'his information. Mr. Locher reported'on the mediation meeting held on January 6, 1976. Mayor Bohjanen had attended this meeting with Mr. Locher. The financial picture of the City had been presented as well as the cash flow problems. Mr. Custer, Mediator, suggested an adjournment of this meeting for three weeks to a month whcile possible sources of funds be investigated. Mr. Locher had visited with Representative Oberstar at the Northtown Community Center this past Saturday asking about the sources of funding for a department such as this. The only possible source might bo the Governor's Crime Commission. Mr. Locher said he will investigate this source. January 12, 1976 III Mayor Bohjanen said the Union Representatives wanted to talk to the Police Department and then come back into another meeting. All this Council can do is wait until the Union is heard from. 1 1 Mr. Locher said the City of Ramsey had applied for funds for a new patrol car and had been told that no funds are avilable. The car had been ordered and one of the men on the Council had signed for it. A fund raiser had been held in order to pay for the patrol car. Mr. Locher had checked the application for the transfer of the liquor license from the Oasis site to the Aragon Ballroom site by Mr. Charles Fynboh and Mr. Jeffery Winicki. The letter of transfer of the insurance and bonds are not in the file and the application needs the signature of the Police Chief. Otherwise, the applications are in order. This transfer is subject to the Anoka County Comprehensive Health Department's approval. Subject to compliance to the requirements, Mr. Zelinka moved to approve the transfer of the location of this liquor license. Sec(_nded by Mr. Karth. Motion carried unanimously. Mr. Jaworski, from the audience, said on page 6 of the December 22, 1975 minutes it was noted that he would check back minutes for the authorization to the Attorney to research the Open Meeting Law that had cost the City $25.00. He said he could not find where this expenditure had been authorized by the Council. He asked Mayor Bohjanen who had authorized this expenditure. Mr. Locher offered to answer but Mr. Jaworski insisted that Mayor Bohjanen answer. Mayor Bohjanen said that he had asked for the research since the Council had been accused of violating the Open Meeting Law. Mr. Jaworski asked Mr. Locher what recourse does a citizen have in a case such as this and Mr. Locher answered by saying that he receives many calls and he must make a judgement which calls are to be charged to the City and which ones are not. Mr. Jaworski said that if the Mayor had not agreed to pay the charges, what is the recourse of the citizen? Mr. Locher said it would be necessary to take court action to enjoin the Council from paying the charges. Mr. Schneider asked what the Council position on legal question was - could he have called Mr. Locher for information on this law? Mayor Bohjanen said he would have to get Council approval. The Clerk was asked why the $191.20 received from the Metropolitan Council had not been spread against all funds but had just been credited to the General Fund? She said it was such a small amount, it seemed the proper thing to do. She was instructed to compute the percentage and credit to all funds. Mrs. Oman presented the Council members with a letter and asked Mr. McLean to read the letter. She also asked that this letter be read into the records. The letter accused the Clerk of being dishonest, inefficient, having confusing bookkeeping procedures, deliberately instuting a work slow down for the Deputy Clerk's position, mishandling the issuance of building permits, and having an inadequate billing method for the utility system. A complete copy of the letter is attached to these minutes. Mr. McLean felt there was such a volume of accusations in this 1rtter that it could not be handled at this meeting. He suggested that the Council take time to study 97 298 January 12, 1976 these allegations and set a special meeting for considering them. Mayor Bohjanen said the penalty on the sewer is set by Ordinance and the amount of the penalty is set by ordinance for the water service but there is no time set for the penalty in the water ordinance. A time limit before the penalty becomes effective must be set. Mr. Karth felt that since the penalty on the sewer is after 30 days, the water penalty should the same. Mr. Karth moved to authorize late payment charges to be added to utility billings after 30 days. Seconded by Mr. Zelinka. Motion carried. Mr. Schneider said that reports cannot change overnight. He had received different figures from the Clerk and the Police Chief on Police expenses. These are some of the areas he will try to straighten out. Mr. Zelinka felt that it had taken some weeks for Mrs. Oman's preparation of this letter. The Council needs some time to prepare an answer and he felt that a couple of these charges must be answered:- After some discussion, January 20, 1976 at 8:00 P.M. was set as a special meeting to deal with these charges. Mr. Zelinka moved to accept Mrs. Oman's resignation effective immediately. Seconded by Mr. McLean. Motion carried unanimously. There was some discussion on the use of the Petty Cash Fund. Mr. Schneider moved that anything under $7.50 be paid for out of the Petty Cash fund. Seconded by Mr. McLean. Motion carried. Mr. McLean said that if a large item is needed and is on an emergency basis, this could be approved by polling the Council by phone. Mr. Zelinka said there had been an accusation that polling had been done on a prefential basis. Mr. McLean said if the Council member cannot be contacted, then he should be notified stating the date and time of the attempted contact. The Clerk is to call each Council member, record time and Late and their answer. The Department head to be contacted first. After some discussion of this procedure, Mr. Karth moved to authorize Mr. Zelinka to draw up procedures for presentation to the Council. Seconded by Mr. McLean. Motion carried. Mr. McLean moved to approva requisitions #639 through and including #646. Seconded by Mr. Zelinka. Motion carried. Mr. Zelinka moved to approve payroll checks #3325 through and including #3344. Seconded by Mr. McLean. Motion carried. Mr. McLean moved to approve checks #6812 through and including #6838. Seconded by Mr. Zelinka. Motion carried. Mr. McLean moved to adjourn at 11:10 P.M. Seconded by Mr. Karth. Aye. As an after thought, the Clerk was instructed to contact Hugo and tell them that the City is working through Anoka County on the Huber property and will contac± 1 January 12, 1976 them at a later date for a possible meeting. These minutes were approved, with corrections, at the 40 .WAY CLERK- TREASURER // 4% � (7? /9f G