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HomeMy WebLinkAbout01/26/1976 Council MinutesJanuary 26, 1976 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P. M., January 26, 1976 by Mayor Bohjanen. Council Members present; Karth, McLean, Schneider, Zelinka. Absent: None. Mr. Locher was also present. Mr. Schneider corrected the minutes of January 3, 1976 as follows; .. Page 1, paragraph 8, delete the last sentence. Add "Mr. Schneider agreed with Mr. McLean." Mr. Karth moved to approve the minutes of January Seconded by Mr. Zelinka. Motion carried. Mr. Karth moved to approve the minutes of January by by Mr. McLean. Motion carried. Mayor Bohjanen introduced Mr. & Mrs. Jack Sanford of the Bi- Centennial Committee. 3 and January 5, 1976 as corrected. 12, 1976 as presented. Seconded of the VFW and Mrs. Anne Bohjanen Mr. Jack Sanford presented the City with a new Flag for the City Hall. He also presented the City with a complete set of pictures of this Country's Presidents. These are to be placed in City Hall. Mayor Bohjanen thanked Mr. Sanford and the VFW for the gifts and said the Flag will be put up as soon as possible. Mr. Zelinka moved that a letter of Thanks be sent to the VFW. Seconded by Mr. Karth. Motion carried. The Clerk presented the following items for Council consideration; ..A copy of the Metropolitan Waste Control Commission Development Program for years 1977 -1981. This program includes Centerville and the Commission is requesting any comments this City may have on the plans. The Clerk was requested to make copies of this document for all Council members and the Attorney. ..Mr. William Houle had requested the use of the City Hall on February 24, 1976 at 7:30 P.M. for the Republican caucus. Mr. Zelinka moved to approve this request. Seconded by Mr. McLean. Motion carried. ..Municipal fines in the amount of $181.57 had been received for the month of December. ..All Council Members have a copy of a letter from Mr. Gerald Beach, Tree Inspector, asking the format that had been presented to the Council be approved so he can begin his work on March 15, 1976. After some discussion, Mr. Zelinka moved to approve this format. Seconded by Mayor Bohjanen. Motion carried. ..Sewage hauling charges for the month of December in the amount of $1,216.00 had been received from the Metropolitan Waste Control Commission. ..A letter and plans for the upgrading of North Road from Lexington Avenue to Lake Drive (Old Highway #8) had been received. Mr. Gotwald had been contacted by the Anoka County Highway Department for comments on these plans but since he had not received the plans, he was not able to comment. Mr. McLean moved to authorize the Engineer to check and report on this proposal. Seconded by Mr. Zelinka. Motion carried. ..A report from the Metropolitan Council an Anoka County's request for Federal funds for two programs had been received. Since one of these programs deals with law enforcement, the letter was turned over to Chief Myhre. ..The annual meeting of the NSSSB was announced. This notice was given to Mr. Schneider. ..A letter from the Metropolitan Waste Control Commission on the requirement of of establishing a user charge for sewers within the City was read. The letter was turned over to Mr. Locher for review. The necessity for reviewing the sewer charges now being used was discussed. Mr. Zelinka moved this matter be put on the agenda for the second meeting in February. Seconded by Mr. Karth. Mr. McLean 8 January 26, 1976 asked Mr. Locher if his opinion on this matter could be available by the first meeting in February and Mr. Locher said he could have them ready by then. Motion carried. ..A letter from the office of Mr. Robert Hunter of the Department of Housing and Urban Development, was read. This letter is in answer to the City's request for an extension of time in conjunction with the Flood Hazard Insurance Program. The letter states that an extension cannot be granted since the dates are stat- utory and cannot be changed. After some discussion of this matter, Mr. McLean moved that a letter be written back to Mr. Robert Hunter stating that because of the fact that the maps were incorrect when first presented and were sent back to be revised and still have not been received by the City, Application for this insurance cannot be made. The Clerk was asked to send copies of all correspondence dealing with this matter to the Senators and Representatives from Minnesota. Mr. Zelinka seconded the motion. Motion carried. Mr. Benjy Munson of the Lexington Fire Department was present to explain the contract submitted to the Council for fire coverage over the Western portion of Lino Lakes. Mr. Munson went through the formula that is used to compute the cost and gave the Council the figure of $11,575.04 as the computed cost for the year 1976. The life of the buildings and equipment used by the Fire Department was discussed. Mr. Munson explained how these figures fit into the formula. After some discussion, Mr. McLean moved to approve the Fire Contract with the City of Lexington. Seconded by Mr. Zelinka. Motion carried. Mr. Munson asked if the Mayor had named a liaison to the Fire Department and Mayor Bohjanen said the he had not as yet. He will try to attend the functions and will contact the City's Fire Marshall for service in this capacity. Mayor Bohjanen asked Mr. Charles Cape, Civil Defense Director, to present his yearly report on the activities of that Department. Mr. Cape gave a brief summary of the work done by that orginazation during this past year and the things that have been acquired by the fund raising efforts. He said the name of the orginazation will be changed from "Civil Defense" to Emergency Preparedness." This will be done gradually due to the cost involved in the changing to new badges and patches. Mr. Cape was complimented on the work of his orginazation. Mr. Zelinka moved that a Resolution showing the Council's appreciation of the work done by the Civil Defense be passed. Seconded by Mr. McLean. Motion carried. Mr. Bill Houle, of the BI- Centennial Committee, was in the audience. Mr. Houle said he was substituting for Mrs. Betty Livingston who is the Chairman of the Comm- ittee. He asked permission from the Council to submit an application to the Bi- Centennial Commission on behalf of the City. Mr. McLean so moved. Seconded by Mayor Bohjanen. Motion carried. Mr. Houle said the Committee is gathering information on the early days of this area for compiling into a booklet that people may have as a record. They will need some funds for this work but have nothing to present at this time. Mr. Zelinka said that several cases of old records had been presented to the Minnesota Historical Society several years ago. He was sure information could be had from that source. Mr. McLean said the Rice Creek Watershed Board did quite a study on this area for their handbook. A copy of this is on file in the City offices. The Clerk said there is an old book of births and deaths dating back to the 1800's available for 1 1 January 26, 1976 inspection at the City Hall. Mr. Houle said as soon as they are completely organized, they will be checking into these sources of information. Mayor Bohjanen asked if all Council Members had received a copy of the letter from Mr. Burman reaffirming the County's support of Lino Lakes Open Space Agreement? All members had received a copy. Mr. Zelinka agreed that the letter is appreciated but he felt that this should be clarified. The letter should designate whether this action was done by the entire Board of Commissioners or not. The Clerk was instructed to write Mr. Burman for this information. The Mayor had reveived a Resolution from the City of Ham Lake asking Lino Lakes to support them in their objections to a District Tax. Mr. McLean said he didn't quite understand. Mr. Locher said that Ham Lake felt that some areas pay for services they don't receive, such as being taxed for the ice arenas, jail service, hospital districts, etc.., and some areas get more service than they pay for. In this context they are objecting to the establishing a tax- ing district for police protection. Mr. Zelinka moved to turn this matter over to Mr. Locher for an answer. Seconded by Mr. McLean. Motion carried. One of the items to be taken care of in this year is the hearing on the proposed dog ordinance. Mr. Schneider asked that he be furnished with copies of the Old Ordinances and the proposed ordinance. The Clerk will get him copies. Mr. Zelinka felt this should be well publicized in order for the public to know of the hearing. After some discussion, March 1, 1976 at 8:00 P.M. was set as the date for a public hearing on the proposed dog ordinance. Mayor Bohjanen had received a letter from the League of Municipalities stating that non - members could join that organization for half price for the first eight months. Mr. Schneider thought a lot of useful information could be had but felt their dues are awfully high. Mr. Locher said the League helps Cities in many ways. There could be a saving in legal fees since there is a staff available to research any question the Council might have. There is also a labor representative available, but at an extra cost. Mr. McLean said, in view of the City's financial position at this time, he would move that the matter not be considered. Seconded by Mr. Schneider. Motion carried. The list of special use permits to be reviewed was discussed, with Mayor Bohjanen noting that several of the holders of these permits are no longer residents of the City. Mayor Bohjanen asked Mr. Locher how this should be handled. Mr. Locher said the special use permits are issued to an individual for a designated property. If the owner moved or the use changes, the permit is void. Mr. McLean asked how these permits could be terminated? Mr. Locher said by writing to the parties involved stating that the permit was terminated because of non usage. Mr. McLean moved that letters be written to the special use permit holders that fit into this situation. Seconded by Mr. Zelinka. Motion carried. 10 January 26, 1976 Mr. McLean said the permits shold be checked for operation or non usage in order for this list to be reviewed. He asked of some arrangement with the Building Ins- pection would be proper? Mayor Bohjanen asked Mr. Mobley for his ideas of this. Mr. Mobley said this would operate basically the same as a final inspection on a building permit. The requirem must be fulfilled as stipulated. He felt these operations must be policed inorder to upgrade the City. Mr. McLean asked about the fee and Mr. Mobley said this could be done on the same, premise as the sign permits. Mr. McLean asked if this yearly review is set up, can the cost be levied against the property owner? Mr. Locher said the Ordinance doesn't require this in its present form. Ordinance #56 was inspected inregards to this matter. Mr. Karth felt that since there is no provision for inspection, this is a possible area for revision in that Ordinance. Mr. McLean said the revision of this ordinance is one of the goals for the Planning and Zoning Board for the coming year. Mr. McLean felt this should be referred to this Board for their recommendations as to whether a fee to support the annual inspection should be levied and to set the amount. Mr. Zelinka said the Ordinance would need to be amended for this. Mr. McLean said there are several areas in the same Ordinance that need revision, this could all be handled at the same time. Mr. Zelinka moved to refer this matter to the Planning and Zoning Board for their recommendations. Seconded by Mr. Schneider. Mr. Locher reminded the Council of the legal requirements of publication in the off - cial newspaper at least 10 days prior to the hearing. He also told the Council, the fee could not be levied for this year. Mr. McLean asked how other communities that Mr. Locher is connected with handle these permits and Mr. Locher said there is no inspection and no review that he is aware of. Mr. Mobley had presented a letter to the Council Members with some suggestions that all builders and contractors that operate within the City be licensed by the City. There was some discussion on how this could be set up and how it could be policed. The need for insurance and boding was set forth. Mr. Karth moved that this be for- warded to the Planning and Zonning Board for study and recommendations. Seconded by Mr. McLean. Motion carried. Mr. Locher said that Ham Lake has such an Ordinance. He will send a copy to the Clerk. Mr. Schneider reported on the first meeting of the Park Board. He said it was an informal and organizational meeting. The two carry over members were not present and Mr. Resch was elected Chairman and Mr. Rodney Hanson was elected Vice - Chairman. Mr. Schneider felt this Board is interested in the Parks and will work well together. Mr. Schneider reported on his progress with the budget and finance of the City. His first project had been to look at the budget and compare withthe cash flow report prepared by the Clerk. There are some discrepancies in the figures but it is a starting point. The report as prepared by the Clerk was studied. Mr. McLean said the way he reads this, at the end of February, the City will be operating with a $2,000.00+ balance. Mr. Schneider agreed. The Clerk was instructed to contact the County on the possibility of an early draw. 1 January 26, 1976 Mr. Schneider said that he had three meetings with Mr. Bob Davis, the Auditor and he had presented some recommendations. 1) pay bills monthly at the first meeting of the month; 2) set up a receipt and disbursement ledger and eliminate one of the ledgers now in use; 3) payroll to be on the 15th and 3Ist of the month. Mr. Davis also wondered if the City is receiving its share of the Federal Revenue Sharing. Can we get more? Also, PERA and Debt #1 can be levied outside the levy limitation. Mr. Zelinka said that he had contacted the Bank and a Municipality can establish a savings account. He felt this should be established at this time. The Clerk was instructed to contact the Bank on this matter. Mr. Schneider said he had consulted Mr. Davis about the cost of setting up this new system. His fee is $18.00 per hour and he felt this could be done in two to three hours. Mr. Schneider recommended this be done. Mr. Zelinka asked if this was over and above the regular audit and Mr. Schneider said it was. Mr. Schneider said the only time he has to assist with the financial record keep- ing is evenings and on the weekend. He asked the Council for permission to have access to the ledgers and journals. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried. Mr. Schneider moved to authorize Mr. Davis to set up the new bookkeeping system with the cost not to exceed $100.00. Seconded by Mr. Zelinka. Motion carried. Mr. Schneider said there is also a need for a Job description. He will write some of the items into that document. Once these things are done, the Council will have to decide what kind of help is needed in the Clerk's office. Mr. Zelinka suggested that the person befor the keeping of the financial records only. There should be a job description before the person is hired. Mr. Zelinka said that usually the job description come from the departments, but there had been no one to formulate the description and it has had to come from the Personnel Commission and it shold not. Mr. McLean reported on the Planning and Zoning Board meeting held on January 21, 1976. Mr. Kenneth Gourley has been elected as Chairman and Mr. Pierre Nadeau as Vice - Chairman. Mr. John Clinkenbeard had appeared before the Planning and Zoning Board asking for a license to operate a texi out of his home in Baldwin Lake Trailer Court. He has permission from the owner. The members of the Board were not sure this was a permitted usage and had asked Mr. McLean to clear this with the Attorney at this meeting. Mr. Locher checked Ordinance #56 and read 4.19 which deals with permitted home occupations. This operation could be allowed under section with a limit as to how many units could operate from that location. Mr. Locher had checked the applications and the certificate of insurance and all things were in order. The Council had questions as to how he could be contacted and Mr. Clinkenbeard said he had a home phone, 483 - 4231; is available through Air Signal - 645 - 0101. 12 January 26, 1976 and has a CB Business Band - he can be contacted through the call letter V0333. He also stated that the Circulating Pines will be giving him some publicity on his operation through a story in that paper. Mr. McLean moved to accept the Planning and Zoning Board's recommendation for ap proval of this application to operate a taxi within Lino Lakes. This license- be approved as a permitted use in the home under the Zoning Ordinance, #56. Mr. Clinkenbeard to be limited to two taxis at that lovation. If he expands, then the operation must be moved to a central office. Motion was seconded by Mr. Zelinka. Motion carried. Mr. Glen Simons, who lives on LaMotte Road, had appeared before the Planning and Zoning Board with some questions on the Outlot in LaMotte's Second Addition that is owned by the City. Mr. Simons had understood this land was to be up- graded in order to provide access to Centerville Lake. The Board was unaware of any plans for that land. After some discussion, Mr. Simons was advised to get together with other residents of the area and take their ideas to the Park Board. Mr. Simons thanked the Board and said he would. The Clerk was asked to send a copy of these Planning and Zoning Board minutes to Mr. Schneider, liaison to the Park Board. Under Old Business, Mr. Karth had brough up several business firms that he felt had not fully complied with the stipulations as set forth by this Board during the planning stages of those businesses. The Clerk is to provide copies of these plans to the Planning and Zoning Board for their inspection. Mr. McLean will report back to the Council on their action. Mr. McLean had presented some goals for this Board for 1976 - to review and revise the Sign Ordinance, update the Comprehensive Land Use Plan, revise some portions of Ordinance #56 and to present their views on the Huber property question. Mr. Karth presented Mr. Volk's report and asked if the Council had any questions on this report. He also explained the requisition dealing with the rental of a unit to move snow. This is to push back snow on dead end streets, cul- de -sacs and around the hockey rinks. There is no place to put any more snow unless some that is there is moved. The City's equipment is not big enough to handle this job. Mr. Karth said that Mr. Mobley has a dump truck and has found a snow plow blade that is available. He can only purchase this piece of equipment throughthe City since he is buying it from the State Highway Department. This is a re- versible blade and can be used as a back up for City equipment. After some discussion, Mr. Karth moved to requisition the blade provided Mr. Mobley pays the $85.00. Seconded by Mr. McLean. Mr. Zelinka had prepared a procedure for the authorization of expenditures in cases of emergency. He read the Resolution to the Council and told them this is just for consideration at this time and not for action. There was some discussion as to what constitutes an emergency and the limit on dollars to be approved by a certain number of ayes or nays. Mr. Zelinka asked the Clerk to type this, double spaced and get a copy to each Council member. It will be discussed at a later meeting. 1 January 26, 1976 Mr. Karth suggested that in polling the Council Members by phone, it be done alphabetically. Mr. Zelinka said there are a couple of cases of businesses being carried on in a residential area where there is no special use permit. He felt that if a permit is necessary for some, it should apply to all. The one in point is in the Lakeview area where furniture is being sold out of the home. Mr. Zelinka said there are several others that he had discussed with the Police Chief and he felt these should be brought to the attention of the Council. Chief Myhre was asked about these and did not have an immediate answer for the Council. Mr. McLean asked Mr. Locher what the procedure would be in a case where the usage changes? Mr. Locher said if the usage changes, the permit is void. Mr. Locher reported that a meeting with the Mediation Board is scheduled for January 27, 1976 at 9:00 A.M. for more discussion on the Police matter. Mr. Locher felt that all the information had been presented at the first hearing and he didn't know what else to tell them. Mr. Locher suggested that it might be wise to have the accountant present. He thought the delay had been to give the City and the Union a chance to explore sources for additional funds. Mr. Locher said that he had checked all areas that was suggested and no funds are available any place. Mayor Bohjanen thought the Union wanted time to analyze the City's offer and will come back to this meeting with a counter proposal. Mr. Zelinka questioned the recommendation for the accountant to be present. Mr. Locher thought he might be able to answer some of the questions that he, Mr. Locher, could not in regards to the financial position of the City. Mr. Zelinka asked if this would be Mr. Hill or Mr. Davis? Mr. Schneider felt that they do not have enough knowledge of the budget to be of any assistance. Mr. Locher read a letter from Mr. Hill dated November 1975. This was in answer to Mr. Locher's inquiry as to what happens if the City exceeds the levy limitations as set by the State. The penalty for exceeding the levy limitation is 33 %. In actuality, if the levy limitation is exceeded by $15,000.00, the City would only realize $10,000.00. Mr. Locher said that he had talked with the Assistant Attorney General and he knew of no other sources of funds for law enforcement. Mr. Zelinka moved to authorize Mayor Bohjanen and Mr. Locher to attend this hearing. Seconded by Mr. Karth. Motion carried. Mr. Dave Sina, representative for Mr. Glenn Rehbein, had presented the Council with a letter dealing with the installation of the internal system in the Shenandoah project. Mr. Rehbein had abtained bids from seven contractors and Northdale Construction was the low bidder. The total cost of the laterals will be approximately $1,800.00 per lot. This comp- any can start the installation on February 1, 1976 and be completed within 90 working days. 13 I4 January 26, 1976 An independent agency will collect the funds from the residents and dis- burse them to the construction company. These monies will be put in an escrow account and final disbursement will be made only upon acceptance of the system by the City Engineer. This letter sets forth three requirements - 1) 100% participation; 2) no sewer permits may be obtained from the City until funds are in escrow; 3) connections from home to lot line is the responsibility of the resi- dents. Mr. Locher said there are some things that must be done before this pro- ject can be started. 1) the City must have copies of performance bonds and certificates of insurance; 2) one year guaranty of the system by the contractor; 3) money in escrow before the work begins; 4) an agreement that once completed the system will be turned over to the City; 5) pay- ment to the construction company not to exceed progress minus 10 %; 6) all questions on the installation of the system will be answered by the City Engineer; 7) Be sure of the bonds and insurance and the City in- surance agent should be notified of the construction since it will be done in the City right of way. On the number 2 requirement in Mr. Rehbein's letter, Mr. Locher felt the City cannot prohibit connection to this system because the people haven't paid into the escrow account. Mr. Locher had understood that several of the residents may have a problem financing this cost at this time. The fact that 100% participation is required in the Number 1 statement, makes this repetitive. The Council felt that if the requirement for 100% participation is fulfilled, this would eliminate the necessity for the number 2 stipulation. After some discussion, Mr. Zelinka moved to accept this letter. Seconded by Mr. Karth. Motion carried. The Clerk was instructed to contact Mr. James Ray, City Insurance Agent, and inform him of this proposedinstal1- ation. Mr. Rehbein will have anescrow letter prepared for signature of the residents of Shenandoah. Mr. Karth moved and Mr. McLean seconded that Mr. Locher check this letter. Motion carried. Mr. Locher reported that he had checked all records in the Court House and could find no recording for the street located on Mr. Harold Hansen's property. Mr. Locher has a map that was prepared by Mr. Gotwald but can find nothing on record. Mr. McLean felt that this matter had been documented. The owners along that street had signed documents and returned them to Mr. Hansen. This matter had also been before both the Planning and Zoning Board and the Council. The street had been built up and had been inspected and app- roved by Mr. Gotwald. This had taken place after July of 1968. The Clerk was asked to research the minutes for information of this action. Mr. Locher had obtained a deed from Mr. Hansen for this street. Mr. Zelinka moved to accept the deed from Mr. Harold Hansen for the legally described roadway. Seconded by Mr. Karth. Motion carried with Mr. McLean abstaining. 1 1 January 26, 1976 There was no old business. There was no new business. Mr. Schneider said that he had noticed some penciled in time on the time cards that had not been initialed by Mr. Volk. The Clerk was in- structed to tell Mr. Volk that all written in time must be initialled. Mr. McLean asked if the gas bill for the warming house at Sunrise was for one month and the Clerk said, No. Mr. McLean questioned Mr. Locher on how much of the costs related to the Police work is returned to the City in the form of fines and Mr. Locher said very little. Law enforce- ment is a losing operation. Mr. Zelinka asked who pays for the research on the Hansen street problem? Mr. Locher said this was done for Mr. Hansen, so it will be billed to him. Mr. McLean moved to approve checks #6839 through and including #6871. Seconded by Mr. Karth. Motion carried. Mr. Karth moved to approve payroll checks #3345 through and including #3371. Seconded by Mr. Zelinka. Motion carried. Mr. McLean moved to adjourn at 11:45 P.M. Seconded by Mr. Karth. Aye. These minutes were approved, with corrections on ` f 7,600, CLERK - TREASURER 5