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HomeMy WebLinkAbout01/08/1973 Council Minutes1 1 January 8, 1973 The first regular meeting of 1973 was called to order at 8:00 P.M. on January 8, 1973, by Mayor Bohjanen. Attorney Locher administered the oath of office to Mr. Richard Zelinka, and Mr. Ronald Jaworski as Trustees and to Mr. Marvin Myhre as Constable. Rev. Kenneth Willard of the Gethsemane Methodist church gave the invocation. Mayor Bohjanen them read a summary of the accomplishments of the "Citizen of the Year ". He cited the many organizations and positions that Mr. Arnold Kelling has served on in his years in our Village. Mr. Kelling responded to the award by saying that, "all these things were possible only because of the help received from the people of the Village ". The Clerk then called the roll. Counci Imen present; Cardinal, Jaworski, Marier and Zelinka; absent, none. Mr. Marier moved to approve the minutes of December 26th as written. Seconded by Mr. Cardinal. Carried with Mr. Jaworski and Mr. Zelinka abstaining. Mr. Jaworski moved to approve the special meeting of January 6th as written. Seconded by Mr. Cardinal. Motion carried with Mr. Marier abstaining. Mayor Bohajanen then moved to the appointments. The Council agreeing to take the appointments a few at a time. Mayor Bohjanen noting that the Clerk- Treasurer is a hired position and therefore unnecessary to appoint a person to that position but he wished the records to show that the Clerk- Treasurer is Mrs. Edna Sarner with Mrs. Judy Helin and Mrs. Joan Heath acting as Deputy Clerks. Mr. Jaworski moved to appoint the firm of Babcock, Locher, Nelson and Mannella as the legal firm for the Village with Mr. Lan do l Locher as their representative to the Village also to appoint the firm of Milner Carley Associates as the Engineering prepresentatives with Mr. George Gotwald as their representative to the Village. Seconded by Mr. Marier. Carried. Mr. Cardinal moved to appoint Mr. Tom Van Housen as Planner for the Village. Seconded by Mr. Jaworski. Carried. Mr. Jaworski moved to approve the appointments of Mr. Albert Dupre, as Building Inspector; Mrs. Edna Sarner as temporary Assessor; Mr. Arnold Kelling as Deputy Assessor, and Mr. R. V. Ellingsen as Weed Inspector. Seconded by Mr. Marier. Carried. Mr. Cardinal moved to approve the appointment of Mr. Bruce Fleming for Animal Control; Mr. Charles Cape as CD Director; Seconded by Mr. Jaworski. Carried. Mr. Zelinka moved to approve the appointments of Mr. Jim Livingston as Fire Marshall, Mr. Waldemar Hill as Auditor, and Mr. Roy Backlin as Road and Park Supervisor. Seconded by Mr. Jaworski. Carried. The Clerk read a letter from Mr. Robert Vadnais of White Bear Lake in reference to the Plumbing Inspector;s position. Mr. Jaworski asked if he would be available during the day; Mr. Bohjanen said Yes, Mr. Marier asked if the salary would be the same basis as now and was told yes, Mr. Zelinka moved to approve the appointment of Mr. Robert Vadnais as Plumbing inspector for the Village for 1973. Seconded by Mr. Cardinal. Mr. Jerome Boyd reported that Mr. Vadnais is a plumbing contractor and Mr. Boyd felt there would be a conflict of interest. Mr. Locher suggested that as part of the motion that 82 January 8, 1973 Mr. Vadnais be restricted from doing business in our Vi l lage. Mr. Zelinka moved to add this restriction to the motion. Seconded by Mr. Cardinal. Motion carried. Vote on the original motion was called for. Motion carried with Mr. Marier voting No. Mr. Cardinal moved to approve the appointment of the Anoka Health Department to serve in that capacity for the Village. Seconded by Mr. Jaworski. Motion carried. Mr. Bohjanen moved to appoint the Blaine Life as our Legal Newspaper. SEconded by Mr. Zelinka. Carol Johnson from the Forest Lake Times thought that the paper with the largest number of subscriptions should be considered. The people at the Forest Lake Times had done some checking and found 119 Lino Lakes subscribers for their paper and about the same number for the Circulating Pines. The others were much lower in number of subscriptions A roll call vote was called for. Mr. Cardinal - No; Mr. Jaworski = No; Mr. Marier - No; Mr. Zelinka - Yes, Mr. Bohjanen - Yes;. Motion failed. Mr. Cardinal moved to appoint the Forest Lake Times as the Legal Newspaper for the Village for 1973. Seconded by Mr. Jaworski. Roll call votes as follows: Mr. Cardinal - Yes; Mr. Jaworski - Yes; Mr. Marier - Yes; Mr. Zelinka - No; Mayor Bohjanen - No;. Motion carried. 1 Mr. Jaworski moved to approve the following appointments. Bond Consultants - Springsted, Inc. - Bank Depository - Centennial State Bank. Seconded by Mr. Marier. Carried. Mr. Cardinal moved to approve the appointments of Mrs. Lena Billik and Mr. C. E. LeVesseur as Park Supervisors. Seconded by Mr. Marier. Carried. Mr. Bohjanen appointed the following people to the Park Board for the number of years designated: I. Donald Kent - 2. Francis Faymov i 1 l e 3. Franklin Resch 4. James McGeary 5. Harold Lehman 2 years 2 years 3 years 3 years 1 years Mr. Zelinka moved to approve the appointments. Seconded by Mr. Cardinal. CArried. The following were appointed to the Planning and Zoning Board by Mayor Bohjanen. 1. John McLean 1 year 2. Peter Nadeau 2 years 3. James Shearen 2 years 4. David Farrand 2 years 5. Arnold Kelling 1 year 6. Edward Karth 3 years 7. James Hill 3 years Mr. Marier moved to approve the appointments. SEconded by Mr. Zelinka. Carried. Mayor Bohjanen appointed the following to the Personal Commission. 1. Richard Cartier 3 years 2. Curtis Kramer 2 years 3. Mrs. Harold Kelly 2 years 4. Albert Thiltgen 1 year 5. Lawrence Johnson I year Mr. Cardinal moved to approve the appointments. Seconded by Mr. Jaworski. Carried. 1 January 8, 1973 Mayor Bohjanen appointed the following persons to serve on the Environmental Commission for the time designated: 1. Art Hawkins 1 year 2. Gerald Clausen 2 years 3. Arthur Robyn I year 4. Mrs. Sylvia Brison I year 5. Mrs. Mary Sawyer 3 years Mr. Zelinka moved to approve the appointments. Seconded by Mr. Jaworski - Carried. Mayor Bohjanen appointed Mr. Richard Zelinka acting Mayor. He then assigned the following duties: 1. Counci Iman in charge of Roads and Bridges, Mr. Jaworski 2. Councilman in charge of Planning & Zoning, Mr. Marier 3. Councilman in charge of Parks, Mr. Cardinal 4. Counci Iman in charge of attending North Suburban Sewer Service Board, Mr. Marier with Mr. Bohjanen as alternate. 5. Councilman in hcarge of Personnel Commission, Mr. Zelinka 6. Councilman Representative to Metro Transit, Mr. Jaworski 7. In Charge of Police, Office, Civil Defense and Fire Dept., Mr. Bohjanen. Mr. Jaworski moved to approve the appointments. SEconded by Mr. Cardinal. Carried. III On the matter of the Anoka County Association of Municipalities, the general consensus was that since the Village is already a member of the Minnesota Municipalities, they felt that this would be a dupliation of activities and we should wait and see what the activities of this organization will be. Mr. Jaworski so moved. Seconded by Mr. Marier. Carried. The Clerk reported on the request for a turn - around through the Lexington Park Lakeview area from the Metro Transit System who will be taking over the Dickenson Lines around the 1st of February. There was a question as to the advisability of allowing vehicles of the weight of these buses to use the streets in that area. The Council generally felt that those streets are not constructed so as to be able to stand under that sort of usage. Mr.' Jaworski suggested tabling this matter until we have more information. Mr. Al Ross suggested the route of Sunset to Elm Street to 0Id Highway #8 to North Road thus serving more people in the area and using streets that will stand up under the traffic. Mr. Marier moved to write a letter to the Metro Transit suggesting the above route and informaing them of our concern for the streets in the Lexington Park Lakeview area. Seconded by Mr. Zelinka. Carried. The Clerk read a letter from the State Highway Department on the light at the intersection of Old Highway #8 and #49. The Highway Department does not maintain any lights except those on freeways. Much discussion followed. The light that is presently located \here the old cutoff was belongs to the Village. It was suggested that we contact NSP about moving that I i ght. Mr. Marier moved to have the clerk write to the highway department informing them of the accident rate on that intersection since the change. Ask them for detailed plans as to what they plan for the Spring in order to move the light there now III to a more useful) position without having to move it again when the department re -does that intersection. Mr. Marier also suggested sending a copy of the letter to the State Highway Patrol. Seconded by Mr. Cardinal. Carried. Also that we should contact NSP engineers for help in relocating the present light. Reported that we have received the second half of the Federal Revenue Sharing in the amount of $9,585.,00 and read the accompanying letter explaining the differences from the first half payment. January 8, 1973 The Clerk reed the letter from the Anoka County Health Department concerning a meeting dealing with septic tanks and drain fields. There will be a meeting on January 17, 1973 in the Commissioner's room in the Anoka County Court House. The Clerk reported that the League of Minnesota Municipalities will hold a meeting on January 25, 1973 at the St. Paul Athletic Club at 7:00 P. M. to discuss "Whats Right about Local Property Taxes" and (How they might be improved). The Clerk has received affidavits of publication of Ordinances #57 -57A and #58 from the Anoka County Union and Shopper. Mr. Cardinal reported that he had contacted Mr. Neadeau in regards to the purchasing one of the guard shacks for use a s a warming house at the Hall rink. Mr. Nadeau said that they were not up for sale as yet, but he will get the information and pass it on to Mr. Cardinal. Mr. Cardinal reported that they are cleaning and flooding the rinks as the weather allows trying to keep them in as good a shape as possible. Mr. Jaworski had no report. He asked about the new sander for the truck. The Clerk reported that Mr. Backlin had arranged for the truck to be in the shop at 9:00 on the 16th. Mr. Marier reported there had been no P &Z meeting. He asked about plumbing permits for pre -fab homes. He was speaking of the Jerry Johnson home in particular. Mrs. Sarner said it was not a pre -fab home, but a modular home. She had not issued a plumbing permit since we have nothing covering such homes in our regulations. There are no charges listed for such inspection since all the plumbing is installed at the factory. There was discussion on the inspection of these type of homes. Mr. Zelinka moved to add to the plumbing charges the sum of a re- inspection fee for the purpose of a final inspection of the inside plumbing and the hook -up to the sewer system. Seconded by Mr. Marier. Carried. Mr. Zelinka read the following recommendation from the Personnel Commission: "We, the Personnel Commission recommend Roy Howard Backlin for the position of Working Supervisor of Public Utilities for the Village of Lino Lakes. If and when he is hired, it should be determined when he plans to retire, so that another person can be hired, six (6) to eight (8) months before this date to take over his position when he leaves. We recommend the beginning salary for this position be $10,400.00 per year plus benefits per Ordinance #43 and its amendments ". Seconded by Mr. Bohjanen. Mr. Marier asked if it's proper to make the recommendation without first interviewing the other applicants. He felt we were discriminating. Mr. Zelinka said the Personnel Commission felt that the familiarity with the present situation made Mr. Backlin the best choice. Mr. Polston is in North Carolina and Mr. Countryman is presently employed. Mr. Zelinka didn't feel he had the authority to interview Mr. Polston by phone. Mr. Marier felt that these men should have been interviewed. Mr. Cardinal expressed the same desire. Mr. Zelinka said he would contact Mr. Countryman for an interview and will also try to set up something with Mr. Polston. Mr. Marier felt that all 5 applicatns should be interviewed. Mr. Jaworski said he thought that we could not afford the delay in hiring a full -time man. We have the installation of the water meters, the sewage hauling, the well and pump maintainance and at this point we need a full -time man now. 1 January 8, 1973 III Mr. Jaworski called for the vote on the recommendation. Mr. Cardinal -No; Mr. Jaworski- Yes; Mr. Marier - No; Mr. Zelinka -Yes; Mr. Bohjanen -Yes. Motion carried. Mr. Jaworski moved that the Personnel Commission interview the other applicants within the next 30 days with the idea of hiring a second full -time man in the near future. Seconded by Mr. Zelinka. 1 Mr. Jaworski asked to be notified when the interview will take place. Motion carried. Mr. Zelinka will draft a letter to all Personnel Commission Members that all applicants must be interviewed within the next 30 days. Mr. Marier asked if we are obligated to E. E. 0. C. Mr. Locher said he wasn't sure but he will get a copy of the law. Mr. Jaworski moved to have the starting date of FEbruary 1, 1973 for the full -time position. Seconded by Mr. Zelinka. Carried. Mr. Zelinka requested that the Police Chief, any Councilman, The Mayor, personally interview any applicants that are recommended for the part -time police position. Mr. Locher reported on the state statute 398. concerning parks as Mr. Marier had re- quested. He had found a file #209.935 which is special legislation passed in 1969, that gives Anoka County special rights as to the taking of lands for parks. This law states that Anoka County does not need the approval of the local governments to take lands for Park purposes. Mr. Locher felt that if we want to appeal the amendment that we should take some action soon. Mr. Locher read the amendment to Ordinance #43 numbered #43D. Mr. Cardinal moved to adopt the amendment. Seconded by Mr. Zelinka. Carried. Mr. Locher also reported on the meeting with the Metro Sewer Board. Mr. Bohjanen, Locher Zelinka, Lombardi, Gotwald and Carley met with Mr. Dougherty and Mr. Payne, in regards to the pumping and hauling in the Chomonix area. Mr. Locher said that Mr. Dougherty felt there was a moral responsibility on the part of the Metro Sewer Board to assist in this matter. They also felt that the hauling fees were out of line in relationship to the service given. Mr. Dougherty wi l l contact his superiors and report back to Mr. Locher and the Village. There is doubt as to the time table for the installation of the interceptor due to cut -back in Federal funds. There was discussion on the acceptance of our bid for the truck and trailer from the Forest Lakes School District. Mr. Juhl called the Clerk and said that ours was the high bid, but that the bids must be presented to the School Board at a meeting this evening. He also said that he would recommend to them that the bid be awarded to the Village. Mr. Locher also reported that the 1973 Budget Levy could be amended at this late date due to the problems encountered caused by the Fiscal Revenue Sharing Law. But that if there is to be an amendment to our Budget Levy it must be on his desk by Wednesday, January 10, 1973. Mr. Locher also reported that according to the Auditors office, most all local governments are using the Federal Revenue Sharing monies as an emergency fund - a cushion fund, so to speak. Mr. Locher was conserned as to the effect applying this money to our budget levy would have on the 6% levy limitation in the future. Also, that the amount we receive in the future could be cut. He said that there are very broad guide lines as to the use of the mon4es. 86 January 8, 1973 Mr. Marier said it was up to the discretion of the Council to use this money. Also, the Council has passed a resolution to use these funds toward the budget. He felt that this resolution should stand in order to give the people a tax break. Mr. Jaworski asked how much of a tax break would they get now and how much will they be penalized because of this in the future. Mr. Marier pointed out that we carry a surplus amount over in our budget and he felt that we should not do this. Mr. Jaworski replied that this is necessary because the Village operated on a calendar year and not a fiscal y -ar and this money is needed until our first revenue is received. Mr. Jaworski said he would like to see the Village operate on a fiscal year. Mr. Zelinka asked if there was a sudden large growth and roads and utilities would have to be put it:, would this affect the 6% levy limitation. He was told, No., these would come under special assessments. 1 Mr. Jaworski asked how we could apply the 1973 monies toward the 1973 budget? Mr. Marier said we know how much we were getting so this amount is applied. Mr. Marier moved to table this 'matter until we get more information. SEconded by Mr. Jaworski. Motion carried. Mrs. Bohjanen asked how this would solve anythingl_because our decision must be on the Auditor's desk by Wednesday morning? Mr. Jaworski moved to recind the previous motion to apply the Federal Revenue Sharing Monies toward the budget and to put the money in escrow until such time as we have more information. Seconded by Mr. Cardinal. Motion carried with Mr. Marier voting No. Mr. Marier then moved to apply lire Federal Revenue Sharing Monies toward the budget and give the people a tax break. Seconded by Mr. Zelinka. Motion failed with only Mr. Marier voting, Yes. Mr. Locher reported on a request from Suburban Engineering fora tim e table for the final approval of Lakes Addition #3. The publication must be 10 days in advance of the public hearing. Mr. Jaworski moved to publish in order to have them appear at the P &Z meeting at 8:00 P. M. on February 2Ist and the Council meeting on the 26th of February at 8:30 P. M. Seconded by Mr. Cardinal. Carried. Mr. Don Carley had a recommendation for the acceptance of East Shadow Lake Drive for maintainence by the Village. The question arose of crossing private property in order to get to the street. Mr. Marier suggested that we obtain an easement from U. S. Lakes permitting the crossing of their property. This would be a temporary easement. Mr. Carley w i l l take care of this with U. S. Lakes. Mr. Bohjanen reported on the Fire Contract with Centervi l le. Mr. Zelinka moved to accept the Contract and to authorize the Mayor and Clerk to sign the necessary papers for the Police Contract with Centerville. Seconded by Mr. Jaworski. Carried. Mr. Cardinal moved to retain Bill's Auto Repair for towing service to the Village. Seconded by Mr. Marier. Carried. Mr. Bohjanen had attended the meeting of the NSSB and he asked the Clerk to read the resoltion they had passes: "Wheras, the North Suburban Sewer Service Board has long registered its objections to the Metropolitan Sewer Service Board cost allocation system for budget years 1971 and 1972, as being unreasonable and inequitable, and, Whereas, pursuant to open negotiation 1 1 87 January 8, 1973 public hearing and formal action, the cost allocation system as being reasonable and equitable for the Metropolitan area, Now, therefore, it is hereby Resolved, that the North Suburban Sewer Service Board of Service Area #2, by and through the authority of its enabling joint powers agreement, hereby authorized its Chairman, David J. Larson, and Secretary, Wayne Dannheim, to do all things necessary in order to join and intervene on the side of the defendants, the Metropolitan Council and the Metropolitan Sewer Service Board, in the Fourth Judical District Court, Hennepin County (Case #690532), concerning the 1973 Budget cost allocation system." All cost of this action is to be assumed by the Metro Sewer Board, Mr. Marier moved to put this resolution in our minutes. Seconded by Mr. Cardinal. Carried. Mr. Bohjanen reported on the meeting with the Lino Lakes Treatment Center administrators. He is working with Frank Wood on the naming of an advisory board. They would like 7 to 9 people on this Board. Under Old Business, Mr. Marier moved to advertise for bids for the road construction to be started in the Spring. Seconded by Mr. Jaworski. Carried. Mr. Jaworski wi 11 meet with Mr. Gotwald and write the ad. There was no new business. Mr. Cardinal moved to approve requisitions #179 - #181 - #186. Seconded by Mr. Jaworski. Carried. Mr. Jaworski moved to pay the bills #4894 through #4`915 exclusive of #4899. Withholding this check for further inspection of the fence. Seconded by Mr. Zelinka. Carried. Check #4899 can be apid when the inspection is final and we have lien waivers. Mr. Jaworski requested that all department heads sign the requ i sti on forms Mr. Marier moved to adjourn at 11:00 P. M. Seconded by Mr. Cardal. Aye. Minutes approved at January 22, 1973 Vi I lage Council meeting.,4ez �--'' Clerk- Treasurer January 6, 1973 A special meeting of the Lino Lakes Village Council was held at the Lino Lakes Treat- ment Center at 11:55 P. M. on Saturday January 6, 1973. Counci Imen present; Cardinal, Jaworski, Zelinka, and Mayor Bohjanen. Mr. Marier had to leave before the meeting convened. Mr. Cardinal moved to waive the 5 day notice. Seconded by Mr. Zelinka. Carried unaminously. Discussion by Mayor Bohjanen on legal requirements of bidding on truck and trailer per advice of Attorney Locher. 1. Legally, as long as we have two legal bid responses to our invitation, we can make a legal bid on less than lower amount for the Forest Lake School District equipment. 2. Mayor Bohjanen suggested $4,250.00 for the t'FLack, and $1,250.00 for the trailer. for a total of $5500.00