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:
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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;
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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.
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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.
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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.
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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
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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±
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January 12, 1976
them at a later date for a possible meeting.
These minutes were approved, with corrections, at the
40 .WAY CLERK- TREASURER
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