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HomeMy WebLinkAbout02/28/1972 Council Minutes184 2/14/72 Mir. Jaworski moved to adjourn at 12:26 p.m. Seconded by Mr. Marier. Aye. Minutes approved at the meeting of February 28, 19 Clerk -� easurer 2/28/72 The regular meeting of the Lino Lakes Village Council held on February 28, 1972 was called to order at 8 P.M. by Mayor Bohjanen with all members present. Mr. Marier moved to approve the minutes of February 14th as corrected. Seconded by Mr. Jaworski. Motion carried with Mr. Cardinal abstaining as he had been absent. Mr. Bohjanen noted that a hearing for S. Nilson was scheduled for 8:15 P.M., but as no one had come yet, we would proceed with the agenda. The Clerk reported receipt of liquor tax monies of $3,101.28, cigarette tax monies of $3,322.80, and court fines of $20.50. Mr. Hill had finished the 1971 audit; all had copies. It was decided to have Mr. Hill report at the next meet - ing, early. The Clerk stated that the remaining balance of $63.38 in the Municipal Building Fund could only be transferred by resolution into the Debt Fund. The Fourth Quarter fire report for Lexington was received. The Clerk asked to reserve the week of June 12 -16 for vacation, noting that she had arranged with the deputies to take over. There were no objections. Copies of the new waste regulations from the. Metro Sewer Board had been made for members; this is to be put on the next agenda. The Clerk asked the Council to consider one additional check she had written to cover the difference in State gas tax owing on the first billing from Standard - the error had been made by the agent in Forest Lake. The Mayor asked the Clerk to wait for the statements from the company before writing the checks in the future. Tom Van Housen had sent recommendations on several items before the P&Z. Mater- ial on before -tax payroll deductionsfor purchase of stocks and bonds through IDS was received; Mr. Marier wanted this brought to the attention of payroll employees; if any are interested it would be brought back to the Council. A letter received from Lexington inquired our opinion on the possibility of combining assessor's jobs for several villages. Mr. Marier moved to send a letter back to Lexington advising them that we have decided to keep our Assessor and are satisfied, but leaving the matter open for future study. Seconded by Mr. Cardinal. Carried unanimously. Another letter from Lexington included a rider attachment for the fire contract which noted their membership in the Capital City Mutual Aid Aas'n; this would hopefully reduce our fire classification number. Mr. Bohjanen noted that a similar letter was expected from Centerville, that we should wait for that one and immediately send them in together. A notice from the Metro Council advised of an Open Forum meeting to be held at the North St. Paul Munic. Bldg. on March 9th at 7:30 P.M. Another Metro notice scheduled the first ad hoc Advisory Committee on metro benefits for March 8th at 7:30 P.M. in the Blaine Village Hall. The Clerk was instructed to advise them that Mr. Bohjanen would attend; copies of the meeting's report will be made. A notice from the Minn. Ass'n. of Munic. Clerks and Finance Officers advised of their program on Mar. 8 -10th, of an act proposed to set up a State Commission 2/28/72 for training municipal clerks, treasurers and finance officers. An enrollment blank for membership in the group was enclosed,- the yearly fee is $5. It was decided to put this on the next agenda. The Clerk had prepared a list of items acquired since last March which she felt should be included under our insurance and also put on the inventory. She was instructed to send the complete list to Mr. Ray. 185 The Clerk inquired whether the Council wished to renew the 90 -day trailer per- mit for the NW Saddle Club as their building permit had expired and no construc- tion had been started. Two such permits had been issued, in May and Sept., 71. Mr. Jaworski moved to write to the NW Saddle Club telling them that their trailer is in violation of the ordinances since their building permit is no longer in effect, and since they have not started construction on the building the third 90 -day trailer permit cannot be issued. Seconded by Mr.Marier. Carried unanimously. A form was received from the Metro Sewer Board on determining how we plan to pay their 1972 assessment. It was decided to hold a special meeting on March 6th, at 8 P.M. to which we would invite the Attorney, Springsted, Inc. and the Engineer to try to find answers to this. Mr. Backlin had prepared a list of equipment which he and the mechanics felt was needed in the shop. There was discussion on this and on putting up shelves on the balcony to hold office supplies. Mrs. Swanson wanted the balcony clean- ed up as the mess is a fire hazard. Mr. Bohjanen felt we should check with the State Fire Marshal as to building the equument crib out of wood; he noted that the mechanical work should be done at the Hall rather than at the mechanics' homes. Mrs. Swanson wondered if money had been budgeted for equipment; Mr. Bohjanen thought $1000 had been included for this purpose. It was decided to table the matter until at least 2 bids were received on the equipment and prices obtained on the crib. Mr. Marier suggested cyclone fencing with metal tubing. The Clerk asked for a resolution authorizing the destruction of certain records of the period 1956 -61. Mr. Marier moved the adoption of the following resolu- tion, to wit: RESOLUTION #4 BE IT HEREBY RESOLVED by the Village Council of the Village of Lino Lakes, Minnesota, as follows: Pursuant to the allowances and provisions of MS.A. 412.841, as amended, the Village Council of the Village of Lino Lakes does hereby authorize the Village Clerk - Treasurer of such Village to destroy the following Village records of the Village of Lino Lakes, Minnesota, to wit: 1. All claims, cancelled checks and copies of checks from 1956 through 1961, both dates inclusive. 2. All receipts from 1956 through 1961, both dates inclusive. 3. All payroll check stubs from 1956 through 1961, both dates inclusive. 4. All election records from 1956 throggh 1961, both dates inclusive. The Village Clerk- Treasurer is hereby authorized to send a copy of this resolu- tion to the Minnesota State Archives Commission and if no petition or applica- tion requesting such records or any part thereof under Minnesota Statutes, Section 138.17 is received by the Village within 30 days after mailing of the resolution, the records shall be destroyed by the Clerk- Treasurer. Seconded by W. Jaworski. Carried unanimously. 186 2/28/72 Applications had been received for renewal of the following sign permits: A,B, C, 10, 11, 12, 13 & 14, all freeway signs along 35E, from Naegele and Meyers. Mr. Locher noted that all of these signs will have to come down under the new law if they are not in commercial or industrial areas; however, State officials are on the fence on this, they feel we should not issue permits, but we can as the State has not yet bought the signs. It is possible that the State may accept our sign ordinance. They are in the process of making the regulations, and when these are out they would like to have a meeting with a delegation from the Village to see what can be worked out; they like to keep the local regula- tions when possible. Mr. Locher had called Mr. Bratland of Brede, Inc. concerning a sign for which they have a permit but which they have not yet constructed; there is a contract out to build the sign. If the sign is put up, the State must buy it. Mr. Lo- cher recommended that until we get further understanding from the State that we go ahead and give permits. He noted that our ordinance is more restrictive than the States which allows signs 450 -500 feet apart. Their planners object to spot zoning, but the State will allow this in areas which will be used for commercial or industrial purposes. Mr. Marier brought out the fact that the State has intentions of allocating money for taking down the signs not on commercial lands; this will be another tax basis for state residents. It was noted that we are getting into the sign business with so many in the village. Mr. Marier moved to delay the issuing of the sign permit renewals until we get answers from the State as to how our ordinance applies. Seconded by Mr. Jaworski. Carried unanimously. The Clerk inquired whether she should continue to send out the expiration no- tices and accept money for the renewals; she was told yes, that the delay would probably be only 2 weeks or so. Mr. Jaworski asked what status would be given to those signs which have expired and have no permit. Mr. Locher not that ! °,.* :.ti:, ui , o ,.n,on asked if the owners have to take the signs down; Mr. Locher stated no, that the State has to buy them. The Clerk will make copies of the newspaper article on the subject. Mr. Cardinal reported that there had been a Park Board meeting, but he had not yet received the minutes. They had wondered if the Engineer could make a little survey for a baseball diamond out here. Mr. Jaworski stated that he had done this before, and that the estimated cost for more than 1 diamond would be $2500 for the grading alone. The cost would be much less if we only put one in, out towards Main Street. Mr. Cardinal reported that he had been contacted by a Mrs. Sandy Wahlquist of Blaine who would like to use the softball diamonds for a tournament on some Saturday and Sunday in June, depending on our requirements. Mr. Jaworski noted that the Sunrise Park diamonds had been used for tournaments before. Mr. Car- dinal stated that she had inquired about using the building for concessions in order to make money to pay for the permits and trophies. They would also like to serve beer. Mr. Locher stated that they would need bonds and insurance; the Clerk will send particulars. Mr. Cardinal asked who the Ford tractor belonged to; Mr. Jaworski didn't feel it should belong to the Roads Dept. Mr. Cardinal noted that it was not working and that we should think about getting another tractor, probably with a snow- blower. There was discussion with Mrs. Gould wondering why we seem to need so much equipment all of a sudden. Mr. Jaworski noted that it has been a policy to make do with what we have, but things only last so long - this is a 1948 model. It was felt we should fix the oil pump and hydraulic system now to make it last until spring. Mr. Jaworski had no report. 2/28/72 187 Mr. Marier noted that Bob Foreman from Naegele was in the audience. Mr. Fore- man stated that they had applications on 2 freeway signs to be located on Acton Construction property which is zoned commercial. They had compled with the spacing; this had been to the P&Z. There was discussion, with Mr. Marier ask- ing about lighting. Mr. Foreman stated that if they did decide to light the signs it would be with fluorescent lighting at the bottom. He was asked to make this notation on the applications. Mr. Foreman said that the lighting on the Standard sign was probably a mercury incandescent, quite intense. Mr. Marier stated that the P&Z had okayed them, but noted that it was getting congested and that we should take into consideration that we may need space for shopping center signs in the future. He said that Lino Lakes had 90% of the freeway signs along 35E. Mrs. Swanson asked how many signs we had; the Clerk thought about 115 in total, including 34 along freeways. Mrs. Swanson wanted to see future regulations and stipulations on limiting the number of signs. Mr. Jaworski moved to approve sign applications No. 120 and 121 for Naegele Outdoor Adv. Seconded by Mr. Cardinal. Motion carried with Mr. Marier voting No. Mr. Foreman noted that the number of signs would be limited in the future due to the State's zoning requirements. Mr. Marier reported that Ken Rehbein had requested a variance at the P&Z meet- ing to split a 210 foot lot which has a small house on one side. The lot is too small to plat; splitting it so that another house can be built on the empty part would make it conform with neighboring residences. There was discussion with Mrs. Gould asking if the minimum frontage didn't have to be 100'; Mr. Lo- cher read from the ordinance that the minimum width was 75'. Mr. Blackbird noted that the house is between the commercial area and the empty lot. Mr. Marier moved to grant a variance to Kenneth Rehbein to split the lot into two parcels having the following legal descriptions, to wit: A. The West 90 feet of Lot 3, Auditor's Sub. No. 100, Anoka County, Minn. B. Lot 3, Auditor's Sub. No. 100, Anoka County, Minnesota, except the West °90 feet thereof. with the stipulation that a turnaround is provided and the 40' foot setback is observed. Seconded by Mr. Cardinal. Carried unanimously. Mr. Marier noted that the Forrest Tagg rezoning would be postponed until March 15th and asked the Clerk to send Mr. Tagg a letter stating that the hearing can no longer be postponed; that he must appear on the 15th or the hearing will be postponed indefinitely. Mr. Marier moved to continue the hearing for Forrest Tagg to the P&Z meeting of March 15th. Seconded by lbs. Swanson. Carried. Mr. Marier reported that Ken Rehbein's plans for an office building had been discussed by the P&Z. Mr. Gotwald had recommended that a detailed plan of the proposed septic tank and drain field be presented to the Clerk, such plan to have the approval 1)f..the Anoka County Comp. Health Dept; the plans for disposal of storm drainage are adequate, providing that the site is completed as shown. P&Z members had advised Mr. Rehbein to consult with the neighbors about screen- ing with either fencing or shrubs. A copy of Mr. Van Housen's recommendations was to be sent to Mr. Rehbein when they were received. Mr. Blackbird asked if they really needed a landscaping plan when they had no plan to put in any shrub- bery - the whole area was to be blacktopped, leaving no area for trees. He supposed they could dig holes and put in pine trees. There was discussion. Mr. Blackbird' stated that they were meeting with the neighbors; so far the opinions were about 50 -50 on preference of screening - some had even indicated they would rather look at the back of the building than at fencing. Mr. Marier moved to have the hearing for Ken Rehbein's office building plans at 9 o'clock on March 15th before the P&Z and at the same time at the following Council meeting. Seconded by Mr. Cardinal. Carried unanimously. 8 2/28/72 Mr. Marier stated that the P&Z had received a letter from El Rehbein & Son regarding their apartment building plans; members were satisfied with the explanation. Mr. Marier asked that the letter be kept on record for the Council. Mr. Blackbird noted that the reason for not building was the taxes. Mrs. Swan- son asked if someone else might use the land for something else if the apart- ments were postponed; she was informed that Rehbein owned the land and that it had been rezoned specifically for apartments. Mr. Marier noted that the A. A. Johnson Tool Building plans had been examined, and that scan 7 items were yet needed. Mr. Marier moved to set the hearing for the A. A. Johnson Tool plans at 9:30 p.m. before the P&Z on March 15th and at the same time at the following Council meeting. Seconded by Mr. Cardinal. Carried unanimously. Mr. Marier reported that U. S. Lakes Development had requested a variance for reducing the minimum square footage of condominium units. The P&Z had not granted this as theminimum sizes of living units will be looked into by the P&Z later. The matter was thus postponed indefinitely. Mr. Marier reported that the P&Z had discussed Glenn Rehbein's request to have the Engineer do the sewer and water plans for Shenandoah. The ordinance says that the Engineer is to do this and the costs to be charged back to the devel- oper. Glenn had stated that he doesn't have enough money to bond for the sewer and water as well as the streets. He had said that he would turn over both the water and sewer systems for $1 each. Mr. Marier said he would like to see this in writing. Mr. Locher explained the bonding and read relevant portions of our ordinances. It does not differentiate what type of work needs to be bonded. Mr. Locher had talked with several other villages and found that it is not customary to require bonding for sewer and water, only for the streets. Mrs. Swanson felt that this should be checked further before approval and that we should see that Glenn has his own engineer; otherwise they could come back to the Village and hold us responsible if anything goes wrong; it is a conflict of interest for the Engi- neer. There was more discussion. Mrs. Swanson stated she would like to make a resolution that our Engineer cannot do this sort of private work. Mr. Locher stated that we could appoint another engineer or specify that Glenn get a dif- ferent one. Mrs. Swanson noted that if she wanted to do something she couldn't have our Engineer do it. Mr. Marier stated that the P&Z recommended allowing our Engineer to draw the plans for sewer and water. Mrs. Swanson asked what the cost to the Village is going to be if Glenn should go defunct; would the Village be liable. Mr. Locher said No, but the land would be liable. Mr. Bohjanen said there was merit in having someone look over the Engineer's work. Mrs. Swanson said all those she had talked to said we should start out clean; each developer should have their own engineer. Mr. Cardinal stressed that if Carley comes up with a plan that is the way it should be done as he is drawing up the plan for the Village. Mrs. Gould asked who pays for the Planner and Engineer making up the plans for Glenn. Mr. Bohjanen stated that all will be charged to the project, the same as the legal f -�eQsc. ±fie coy d have him bond for the sewer and water. Mr. Marier moved to*}gfet b'1t�o i le draw up the plans and specifications for sewer and water in Shenandoah. Seconded by Mr. Cardinal. Motion carried with Mrs. Swanson voting No. Mr. Marier noted that Glenn Rehbein had also asked for us to review some plans for outside lighting for Shenandoah; these are elaborate and expensive for the Village to fund. There was discussion. Mr. Cardinal noted that this would 2/28/72 189 look nice and would be completed all at once. Mr. Bohjanen thought the smaller lights should be figured as project lights and assessed to them. Mr. Locher noted that some places assess for lights, but the amount of revenue is so small it doesn't pay for the clerical work. There is also a question then of who benefits by the lights - the people in the project or the visitors. Mr. Bohjanen said only the tall standards should be our responsibility. Following mere discussion, Mr. Marier moved to set aside Glenn's plan, that if Glenn see fit to put this in then he should do so at his expense. Seconded by Mrs. Swanson. Carried unanimously. Mr. Marier reported that he had attended a meeting of the Metro Sewer Board and NSSSB on Dist. #2 and an Advisory Board meeting. Tony Gnerre, Comptroller for the MSB, talked about the $5 million interceptor project. Neighboring munici- palities felt there were other ways of taking care of the project without spending the money at this time. Mr. Marier had asked Mr. Gnerre, if we could be billed for sewer without any usage or flowage - he said No. Mr. Marier said he had been told the same thing last year, that we don't owe it. Mr. Jaworski stated that we owe it, but we can defer it. Mr. Marier said that our next meeting will tell us if we have $5 million to spend. He noted that it would cost Centerville $11,000 the first year, with $22,000 deferred. It will cost them $1,150,000 to get the laterals in. There are only 140 homes in Centerville. There was more discussion with Mr. Marier commenting how can we pay for what we don't have, and later, how can you put in something if you can't pay for it. Who is going to put it in. Mr. Jaworski said we should settle this ques- tion as soon as possible, if we dilly - dally, MSB won't give it to us, and we will pley right into their hands, since if they put it in there will be no park plans for the area. There was considerable discussion; this will be brought up at the special meeting. Mr. Locher stated that he had talked with Mr. Gnerre and had drafted a resolu- tion regarding the appeal and deferrment of our MSB assessment. He noted that bids had been opened on one of the MSB bond sales; the interest will be deter- mined by averaging out the rates on the 3 separate sales. We will pay 5.75` on the assessment deferred in 1971. He was asked if we had to pay interest if we appeal this year; he said No. Mr. Locher stated that Mr. Gnerre stated that the MSB is supposed to charge 6 %, but this has not been enforced to date. Mr. Locher read the draft of the resolution; he noted that they had held 11 appeal hearings, the results of which will be out by April 1st. If we file our appeal within a week it should be resolved within 2 months. Details for the appeal will be brought out at the hearing. There was discussion; Mr. Locher approved of putting the hookup fees into saving certificates to draw interest. Mrs. Gould asked if we had not set aside $10,000 to pay for this; she was told Yes. She asked if we defer the assessment will we pay interest; Mr. Locher said Yes, unless we find a way to forgive the assessment; we won't know until they get the other bond bids what the interest will be. Councilman Marier introduced the following resolution and moved its adoption: RESOLUTION #6 BE IT RESOLVED by the Village Council of the Village of Lino Lakes as follows: That the Village Council of Lino Lakes, Anoka County, Minnesota, believes that the 1972 levy by the Metropolitan Sewer Board against the Village of Lino Lakes in the sum of $50,281.68 is excessive in light of maximum 1972 anticipated sewer usage, and that the ec onomics of the community are such that said sum 190 2/28/72 can not be paid without an excessively burdensome tax levy increase, and that therefore the Village Council shall notify the Metropolitan Sewer Board of their desire to appeal such 1972 levy and to also request of such Board a deferrment of a large portion or all of any amount that is ultimately determined as the final 1972 levy; and that the Village Attorney be directed to transmit a certified copy of this resolution to tie Metropolitan Sewer Board and request such appeal and deferrment and arrange for a hearing on same. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Jaworski, and upon vote being taken thereon, the following voted in favor thereof: Mayor Bohjanen, Trustees Cardinal, Jaworski, Marier and Swanson and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. The Clerk will transmit a certified copy complete with her signature and seal to the Attorney. Mrs. Swanson reported that the Environmental Commission had met on Feb. 24th and discussed water conditions, creeks, the Rice Creek Watershed and the powers of the St. Paul Water Dept. Mr. Hawkins had proposed some state codes to adopt regarding snowmobiling, but she had no copies yet. It was felt we should adopt the State's ordinances so that we might collect any fines resulting from convictions. Mr. Locher said he had discussed these at the Drifter's meeting. Mrs. Swanson said they also discussed the airport location and the possibility of getting a Federal grant for the heron nesting colony. We should also be aware of any natural landmarks. Their next meeting will be on March 29th. Mrs. Swanson asked if we could define what is to be included in the cleaning for the maintenance -man. Mr. Bohjanen satated that he comes in on his way home from work, and if something needs to be done he does it; also the Clerk tells him if something should be done. The Clerk stated she had asked him how often he vacuums the entire carpeting - this is about once a month. Mrs. Swanson thought she would like him to do more vacuuming as the dirt accumulates. She thought we could put shelves up in the coffee room, but there is room below if we keep a system. The Clerk had noted it would be nice to put up a shelf in there for the telephone so we could use the jack. Mrs. Swanson also thought that we could maybe put up e sign that each group using the coffee room should clean it up afterwards. Mr. Bohjanen stated that those who use the room should clean out the sink. Mrs. Swanson said that the Clerk had wondered if we could move her lunch hour ahead a half hour, from 12 :30 to 1 p.m. as she has to miss the mailman some- times is she leaves for the bank. There were several suggestions on putting up a mailbox or a slit in the window or wall. Mr. Bohjanen thought the Clerk should talk to Roy about this; he will also make inquiries. This will be in- tended for use only when the Clerk isn't here. Mrs. Swanson had nothing yet to recommend on the machines; she had seen several and had even received a quotation involving a free adding machine. Also, it might be possible to clean the calculator for a lower price than the $85 -$100 estimate the Clerk had received. Mrs. Sarner had said that she doesn't need the memory bank features. We can get a 12 column machine with no memory for $245. Mrs. Swanson suggested getting an electronic machine for the Assessor and let the Clerk use the old calculator until it goes. Mr. Marier moved to repair the old calculator if it will do the job. Seconded by Mr. Jaworski. Mr. Marier noted that the electronics are susceptible to repairs. There was discussion. Mr. Marier commented that we didn't plan on buying one for the Assessor, and we can get along for awhile. Roll call vote was in favor. Mrs. Swanson gave a summary of a watershed planning meeting she had attended. Several groups gave presentations, but they only reported on their authority, 1 1 1 191 2/28/72 flaunting their power; nothing was done. Mr. Cardinal left at 10:30 to attend to a problem at home. Mrs. Swanson stated that the Personnel Commission would meet on the 8th of March to discuss procedures on financing. She stated we would be going by the booklet, "Municipal Accounting Manual for Municipalities of Less than 1000 Population" from now on. Mr. Locher had no report yet from the Clerk of Court on the Safeway Movers case. Bruder had been called back at 2 p.m. today; Mr. Astrup reported that Bruder had cleaned up 50%. Mr. Locher said that Robert Wilson was sent a letter by Mr. Astrup; he read it. Wilson is in violation of PCA and County standards of solid waste disposal, particularly refuse and inoperative vehicles. The County will investigate again on April 1st. Mr. Locher will check further with Mr. Astrup; they had nothing on the use of the premises or what was in the building. Mrs. Swanson noted that there was plenty of activity there last Saturday. Mr. Bohjanen thought we should set the hearing on S. Wilson again on the agenda for the next meeting as no one had shown up. Mr. Myhre asked if he could de- liver the letter since there was no one there when they delivered the mail. Mr. Locher said they could issue a violation tag. The Clerk was instructed to write to S. Wilson again to attend the next meeting at 8 :15 p.m., stating that if they do not comply with this request we will issue a citation. Mr. Bohjanen asked about the hearing on the gas. Mr. Locher stated that the hearing date of March 10th was solid unless it is continued; it will be before Judge Bakke. Mr. Bohjanen said that Mr. Locher +.free it o�ulc t i o to review back to the intent of the Council in 1966. Mr. NtarT8P mo"Y8 3o 1tip ve the action of the previous Council as it relates to granting a franchise to North Central Public Service, and the letter of intent to Circle Pines requiring them to restrict their activities to the area not covered by North Central Pub- lic Service's area. Seconded by Mrs. Swanson. Motion carried on a unanimous vote of all members present; Jaworski, Marier, Svtanson and Bohjanen. Certified copies will be sent to Mr. Locher and Mr. Bohjanen. Mr. Bohjanen had the new Information Guide about ready and asked the Clerk to double -check the telephone numbers. A map will be included showing the fire service boundary; a notation on same will be put on the front of the Guide. Mr. Jaworski moved to print 1000 copies of the Information Guide. Seconded by Mr. Marier. Carried unanimously. Mr. Bohjanen noted that the Engineer was drafting the map and this will be printed up at Insty- Print. Concerning the amendment to the liquor ordinance, Mr. Locher stated that he had talked with Mr. Perlt of the State Liquor office; he would be glad to come out to a Council meeting to explain laws. Mr. Locher stated that nothing prohibits having both on and off sale licenses, but the Village can restrict this. They do not require covering bottles, but the practice is to cover them after hours. We may have combination licenses up to 10,000 population, but this can go on up to 20,000 under current State statutes. He doesn't know what will happen in the future; they may liberalize the laws. A Council can refuse to issue a license without a reason, but it would be better off to find a reason in this case. Mr. Locher commented on pending cases elsewhere. There is no limit on off sale licenses except in the case of municipal liquor. Mr. Jaworski moved to adopt ordinance No. 31D as prepared by Mr. Locher. Seconded by Mr. Bohjanen. Vote: Jaworski- -Aye; Marier - -No; Swanson - -No; Bohjanen -- Yes. Tie vote. Mr. Jaworski said he didn't understand why the others didn't vote for this amendment since it clarifys the original ordinance. Mrs. Swanson felt that it was not clear; W. Marier said this isn't the amendment he wanted. 192 2/28/72 Mr. Marier moved to amend Ordinance 31 by changing the wording of Sect. 2, Subd 5 to include that an "On sale" or an "Off sale" license may be issued to two separate persons for two separate premises, and that an "On sale" license may be issued to businesses which also serve food. This was discussed. Mr. Marier stated that he doesn't want on and off sale licesnes together unless they have two separate buildings. Mr. Rosengren stated that the State law won't allow a person to have licenses for separate buildings; Mr. Locher thought husband and wife could hold 2 different licenses. Mrs. Swanson seconded the motion. Vote - Jaworski--No; Marier- -Yes; Swanson- -Yes; Bohjanen - -No. Tie vote. Mr. Bohjanen wanted more clarification as to whether this would have to be for separate buildings or 2 separate businesses in the same building. Mr. Marier said they could have 2 separate entrances with separate addresses. Mr. Bohjanen asked if joint partnership could own both. Mr. Locher thought it would be impractical to issue insurance to each one. Mrs. Gould wondered if 50 applic- ants came in for off sale licenses if we would have to issue licenses to each one; Mr. Locher said No. Mrs. Gould felt we should set limitations on how many we issue; she felt the Oasis and Hank's Cate are too close together; she thought an ordinance could regulate the number and distance apart future liquor licenses might be. Mr. Marier gave his reasons as not wanting both licenses housed under one roof and, regarding trying to get future development in here, anyone who owns a lic- ense now is a deterrent to big businesses coming in, thinking on a tax basis. It is not fair to a man, and how could we get a man to come in and build such a building. Licenses are primarily a source for the Village to get money and we should try to attract other people to build. Mr. Marier read the wording he preferred; Mr. Locher added a definition of premises to be included. Mr. Rosen - gren commented that the Council took the long way of saying that he didn't get a license; he felt that this was a personal thing on Mr. Marier's part; this was denied. Mr. Rosengren stated that no one could operate an off sale business in this Village and make money - he had tried. Mr. Marier stated that one place does. Mr. Rosengren countered that that one gets his business from a- nother village and has a body shop next door to make a living. There was more discussion on the wording of the amendment. Mr. Marier moved to adopt amending Ordinance No. 31D with the revised wording. Seconded by Mrs. Swanson. Mr. Jaworski asked if this ordinance needed a hear- ing and was told No. The Clerk asked for clarification - foes this mean that we definitely cannot issue an on and an off sale license to the same person if he owns both premises; this was correct. Vote: Jaworski - -No; Marier- -Yea; Swanson- -Yes; Bohjanen - -Yes. Motion carried. Mr. Locher stated that this would be published on Friday. It was declared that due to the adoption of this amendment that we cannot put Henry Rosengren's off sale liquor license appli- cation on the next agenda. Mrs. Swanson asked Mr. Myhre what Richard Roberts had done in conjunction with his hog farm and the stipulations put on it. Mary said that he had not seen . any hogs nor had any complaints; however, he had not been on the premises. Mrs. Swanson noted that his was to have been on the agenda within 60 days of the original hearing in November on the hog feeding and phasing out of the garbage. Mr. Locher said he will ask the County Officers to give us a report on this. Mrs. Swanson wished to refresh the memory of the members, that in the January expenditures $741.81 was spent for cleaning the parks in January. Mr. Jaworski stated that the Glenn Rehbein item was not for cleaning the rinks but for grad- ing 1Iwork done before January. Mrs. Swanson said that of the total Parks pay- roll h7, .80 %hwasfoaiiid to 1 family; she had not included Cliff Hagen's $499 was for the same personnel to clean the 1 1 1 1 1 1 rinks; she considered this to be nepotism. Mr. Jaworski said he didn't hear of any volunteers to do the work. Mrs. Swanson asked if he had advertised in the papers; he said that the Council didn't move to do so. Mrs. Swanson stated that when we get the opportunity we will adopt a resolution that nepotism be avoided in the future. Mr. Bohjanen felt this could be handled by some kind of work roster. Mrs. Swanson said this had been discussed by the Personnel Commission who felt we should not encourage nepotism. A work roster should be made up and no favor - tism shown. The Personnel Commission will build up a roster; all names will go to them and they will keep it up to date. Mr. Marier asked if they would do this monthly; Mrs. Swanson didn't know. Mr. Bohjanen suggested a rotating ros- ter. Mrs. Swanson felt we should do this now or there will be hard feelings. Mr. Jaworski noted that the fair - weather workers won't want to work in cold weather. He stated that the Hagens are dependable people; they get the work done and it is a convenience to use those who we can get. Mrs. Gould commented that she had said the same thing 1 time last year; there should be no age limi- tation; even she could run the tractor; she was surprised that this came up again. Mrs. Swanson said there are no positions open so no one can apply. Hank Rosengren stated that we tried this last year but it doesn't work - most of the workers just stand around and let a few work. Mrs. Swanson noted that the economic situation is different this year. Mrs. Swanson asked if the Council would like to decide how many hours the Deputy Clerk should work; the last time sheet shows about 25 hours /month. She didn't feel that the Deputy should do work for the Police. The Clerk stated that she had cut down the number of hours the Deputy puts in when she had been hired on a full -time basis in December - the Deputy now works one 6 -hour day per week in- stead of 2 days /week. It was the consensus of the Council that the Deputy Clerk would continue to work an average of 6 hours per week total, except for emergen- cies; this would be left open, however, for any future work load increase in the Clerk's office. Mr. Marier stated that he hadn't gotten a key for the office yet; the Clerk stated that she had had Roy get keys made, but the store had used the wrong blanks and they didn't fit, so they would be returned. She promised to get keys made at the Hardware store tomorrow. Mr. Marier noted that the matter of the 7 acre park in Shenandoah had been referred to Mr. Cardinal by the P&Z; this is to be seeded by Glenn. Mr. Bohjanen stated that the Civil Defense had invited the Council and the Police Chief to their meeting on March 8th to view a film; he stated that he planned to attend another meeting that evening and would inform Mr. Cape. Mrs. Swanson had a Personnel Commission meeting that evening. Mr. Bohjanen mention- ed an agricultural meeting on weeds, etc. He would see if Mr. Ellingsen could attend; if not, he could get away for an hour or so. Mr. Jaworski moved to pay bills #4349 to 4370 inclusive and #4372. Bill #4371 is to be held until the next meeting for further clarification and detail from Carley Engineering. Seconded by Mr. Marier. Carried unanimously. Mr. Jaworski moved to adjourn at 11 :42 P.M. Seconded by Mr. Marier. Aye. Minutes approved at the meeting of March 13, 197