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HomeMy WebLinkAbout02/09/1976 Council MinutesFebruary 9, 1976 The regular meeting of the Lino Lakes City Council was called to order at 8:05 P.M. by Mayor Bohjanen on February 9, 1976. Council Members present; Karth, McLean, Schneider, Zelinka. Mr. Locher and Mr. Gotwald were also present. Mr. Jaworski, from the audience, corrected the minutes of January 20, 1976 as follows; ..Page 3, paragraph 7, delete "this situation" in the second line and add "work not completed before the first of the year." Mr. McLean moved to approve the minutes as corrected. Seconded by Mr. Karth. Motion carried unanimously. On considering the minutes of January 26, 1976, Mr. McLean asked Mr. Locher about the duplication of action in accepting the deeds for the Hansen Road. He asked if there is any problem in connection with this duplication and Mr. Locher said, No. Mr. McLean asked if there would be any problem with the dating of the deeds and Mr. Locher said, No. Mr. Locher said there is a discrepancy in the legal on the portion of the street connecting with the service road. He had talked with Mrs. LeTourneau today and had been told Mr. Hansen will be out of town for another month. He will mail the deeds as soon as they return. Mr. McLean was concerned where the City fell down on actions directed by the Council. Mr. McLean moved to approve the minutes as presented. Seconded by Mr. Zelinka. Motion carried unanimously. The Clerk reported on the following item; ..Mr. Neisen had sent a summary on the Land Use Bill now being consider- ed by the State Legislature. All Councilmembers areto have a copy; ..A bill for $250.00 as the City's share of the 1972 budget of the North Suburban Sewer Service Board was presented for payment. Mr. Schneider reported on the meeting he had attended indicating this item had been discussed at that meeting. Mr. McLean asked if this Board has any powers and was told No. Mayor Bohjanen said they had presented a paper to the Metropolitan Council approving the interceptor to be in- stalled in Lino Lakes. Mr. Jaworski, from the audience, said they had also been instrumental in the delay of that installation by ask- ing for alternates. Mr. Gotwald said they basically function as a 'watch dog' type of commission joined for their own protection. Mr. Gotwald repeated they were one reason for the delay in the installa- tion of the interceptor and later changed their position and approved the installation. Mr. McLean asked if Lino Lakes has any agreement with this Board and Mr. Jaworski said that at one time the City was a member but felt that membership had been dropped. Mr. McLean moved to have the Clerk research the minutes for possible action in conn- ection with this matter. Seconded by Mr. Schneider. Motion carried unanimously. ..The figures to be used in computing the 7th entitlement period for Federal Revunue Sharing had been received. The Clerk was asked to check her records for verification of these figures. ..Read a letter from the City of Hugo in which that community voted to deny the Ramsey County Open Space request in regards to the Huber property. Mr. McLean asked that copies of this letter be made for the Planning and Zoning Board. In regards to this matter, the Clerk reported Mr. Baber had called the office and asked to be on the Planning and Zoning Board agenda for February 18, 1976 and on the agenda for the February 9, 1976 Council meeting scheduled for February 23, 1976. ..The Clerk reported she had received one bid in regards to City insur- ance. The agents are available to discuss this matter. Mr. McLean asked that copies of all proposals be sent to the Council members in order to give them time to study this matter for discussion at the February 23, 1976 meeting. ..The Clerk had called Mr. Guetzkow in reference to the Flood Hazard Insurance and the delay in receiving the corrected City maps. Mr. Guetzkow had advised the City to apply for the insurance and appeal the maps at a later date. The Clerk was instructed to get application forms for Council consideration. Mr. McLean so moved. Seconded by Mr. Schneider. Motion carried unanimously. ..Approval of the City's applications to the Rice Creek Watershed Board for the installation of two deep wells had been received. ..Copy of the resolution passed by the Anoka County Board in reference to the support of Farmers Home Administration rescindment of the mor- atorium of financing new construction in Anoka County. All Council - members had received a copy. ..Announcements of hearings to be held in connection with Anoka Electric and Northwestern Bell Telephone for rate increases were read and the times and dates noted by those interested. Copies are on file if add- itional information is needed. ..Progress reports from Representative Oberstar on several bills were noted. Councilmembers have copies of these reports. ..Notice of a conference for Clerks and Finance officers being sponsored by the League of Minnesota Municipalities was read. This conference will be held March 10 through the 12th at the Marriott Inn in Bloomington. Mayor Bohjanen made the presentation for the "Citizen of the Year" to Mr. Roy Backlin. Mr. Backlin served as a Justice of the Peace, a member of the Council, as Acting Mayor for several terms, and as Road Supervisor for many years. Mr. Backlin accepted the award, thanking the Council for this honor and saying that it had been a pleasure working for the City of Lino Lakes. Mayor Bohjanen introduced two members of the Ham Lake Council. Mr. Eldon Hentges, Mayor, and Mr. Kenneth Brastad, a Councilmember. These men were present to ask the support of this Council in their Resolution objecting to the establishment of a taxing district by Anoka County for Police protection. Mayor Hentges felt this was isolating one County ser- vice without considering all services. He also felt the affected mun- icipalities should have been consulted before this action was taken. At this time there is also no indication of where the taxing district lines will be located. The Board of Commissioners had made a motion to rescind this Resolution, the motion had been seconded, but action had been tabled until the Board of Commissioners has time to consult with the local Councils. Mayor Hentges said this had been brought about due to the unequal re- venues received by Anoka County from Communities receiving Police prot- ection from the County. He felt Ham Lake is paying their share and there is the possibility that with the establishment of the taxing district, the cost to Ham Lake could be reduced. But, this action would also cancel the option of establishing their own Police Department sometime in the future. 18 February 9, 1976 The restrictions of this proposal was discussed. Mr. Zelinka felt until the ground rules are set and the boundaries known, very lettle action could be taken by this Council. Mr. McLean moved that Mr. Burman be contacted and asked to attend a Council meeting for an explaination of this problem and the Council can then make a decision as whether to support Ham Lake in the Resolution or not. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Jaworski, from the audience, wondered if the Council understood what the County is trying to do in establishing the taxing district - this will deprive the Council of the right to make a decision in the matter of Police protection. He urged the Council to support Ham Lake in their position. Mayor Bohjanen thanked the men for their presentation and said the City will be in contact with them. Mr. Karth had no report. Mr. Schneider asked about the cash flow in the road department. Mr. Volk had been asked to submit his plans for this coming year. Mr. Schneider felt he must have this planned expenditures in order to finalize this cash flow report. Mr. Karth thought the plan is pretty much finished - it is just a matter of getting it all on paper. Mr. McLean asked if this would be a short or long range plan and Mr. Karth said, Both. Mr. Karth said the plan does not include any expansion of streets - just repair and maintenance of the present streets. Mr. McLean asked if this plan would only include roads and Mr. Karth said, No, it also includes vehicles. Mr. Schneider asked what the basis for the figures in the 1976 budget was and Mr. McLean said this was from figures presented by Mr. Jaworski and Mr. Volk. Mr. Jaworski said the 1976 budget was built on a 20% increase over the 1975 budget. Mr. Schneider asked about the figures presented by Mr. Volk. The Clerk said they are in her files and she will get a copy for him. Mr. McLean questioned the snow plows being on the road today. Mr. Karth said they were scraping and clearing the edges - pushing the snow back out of the way in the event of a snow storm. Mr. McLean wondered if the plows were out just to keep the men busy. If the work is not necessary, the men could be sent home. Mr. Zelinka felt there should be a more clearly defined procedure on this. Mr. Zelinka asked for Council ideas on when to plow. He thought there is a need to set policy and present recommendations. Mr. McLean felt the recommendations should come from Mr. Volk. Mr. Zelinka felt the Council should set the Policy or approve Mr. Volk's recommendation's so he has some guide lines. Mr. McLean pointed out how the work is done on a dead end street. The first day the flows go in and out, the 2nd day the street is widened, then sanded, but on a warm day such as this one, the plows come along and scrape the sand off. He felt that since the sand is put there to help melt the snow, the plow crews are defeating their purpose. 1 February 9, 1976 There was discussion of checking the weather forecast and the need to plow sometimes even though the snow fall is light due to the winds After some discussion, Mayor Bohjanen asked Mr. Karth to talk this over with Mr. Volk and report back to the Council. Mr. McLean had nothing to report from the Planning and Zoning Board but he did want to discuss the dedication of Hansen's Road. This started in 1968 where the owner was present at a Planning and Zoning Board meeting, and it was moved and passed to accept the street at an August meeting of the Council of the same year. Eight years later it is found the City does not own the street. Mr. McLean felt that a log should be kept of the actions taken by the Council that need a follow through by the Attorney, Engineer, or the Planner. This should set a target date for completion. Mr. McLean moved to set a log for such action required by the Attorney, Engineer, Planner and Accountant noting the action to be taken and the completion date. This will keep the Council informed as to the status of their actions. Mr. Zelinka asked Mr. Locher if this was an oversight? Mr. Locher said that he can find no records on this matter, not even his notes. He had no explanation for this oversight. Mr. McLean's motion was seconded by Mr. Zelinka. Motion carried unan- imously. Mr. Schneider said he had one Park item. The doors on the rinks do not close properly and he is concerned that a skater might be injured. He felt the doors should be bolted shut and kept that way. He will follow through on this. On the Cash Flow, he has done considerable work. He has been in contact with Mr. Davis and has a couple of areas that he needs answers for - some of the CD's are not identified to proper funds. Mr. Davis will go to the bank with the Clerk and get these CD's sorted out and credited to the proper funds. Then the final reconcilation with the City books can be done. The new ledgers are here but are not up to date on recording. He would appreciate Mr. McLean and Mr. Zelinka taking a look at what he has pre- pared after this meeting. Mr. Schneider said there is $6,000.00 in CD's that mature in February. He felt these should be used to off set a deficit at the end of February. Mr. Schneider asked about the Centerville Police Contract, will this be paid in March? There was some discussion on this. Since the Police matter has not been settled, the cost to Centerville for 1976 is not known. It was suggested Centerville pay under the old Contract, with the understanding the actual cost will be computed after the settlement. The Clerk is to contact Centerville with this information. Mr. Schneider asked for authority to cash seven CD's. Mr. McLean asked if this was for off setting the deficit for the end of February and Mr. Schneider said, Yes. Mr. McLean asked if this would also correct the figure at the end of March? Mr. Schneider said there is a question of a $19,000.00 CD that could possible be credited to the Debt #2 fund and shoulhd be credited to the General fund. He will know when the audit i9 20 February 9, 1976 is completed. Mr. Schneider moved to cash CD's #1878, 2024, 1765, 1825, 1824 & 1823, presenting #1706 at the next meeting if needed. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Zelinka asked if there are any expenditures presented for payment at this meeting that could be delayed? Mr. McLean felt there was none . of any consequence. Mr. Zelinka reported the Personnel Commission had met on February 6, 1976 but the minutes are not available from that meeting. He would prefer to present the position of that Commission from the minutes. He will present a report at the next Council meeting. There is another meeting scheduled for February 20, 1976. Mr. Gotwald reported on the plan for North Road received from the Anoka County Highway Department. He recommended the City write for addition- al information as to the plans from Sunset to Highwa/ 8 asking if there is to be any grade or drainage changes in that area. He felt this work will be done with State Aid Funds and should not cost the City. Mr. Locher reported on the status of the Shenandoah project. A memor- andum from the residents was read. Mr. Kulaszewicz said that Mr. Rehbein and Northdale Construction had refused to sign the agreement. He said some of the residents felt that`if their agreement is not signed, they will refuse to sign the contractors' agreement. Mr. Gotwald said he had felt this agreement is unnecessary in that the Contractor's insurance would cover any damage done. The City will require copies of the insurance and also that the contractor present copies of his bonds. Mr. Kulaszewicz thought it important the residents understand these things will be required by the City and they do have protection against possible damage to their homes. Mayor Bohjanen said he had had a call from a resident along Hodgson Road who reported the Metropolitan Waste Control had been there a ask- ing for an easement along their property. This person said they would not sign any easement unless they were guaranteed sewers. Mr. Gotwald said there is no way that a private residence can hook into a force main. He said his firm had started a feasibility study for that area and once they are certain of the installation of the interceptor, that study can be completed. This would be necessary for the holding of public hearings for the installation of mains and laterals in that area. Mr. Locher looked over the letter from Mr. Rehbein to the residents of Shenandoah. He said he had talked with their Attorney and informed him the City would require bonds, copy of their insurance and the assur- ance the system will be turned over to the City once completed and acc- epted by the Engineer. Mr. Gotwald explained the $1,800.00 cost per lot includes all costs including the contingency fee if any problems not planned for happen. 21 February 9, 1976 Mr. Locher had checked the application for a license to sell cigarettes at retail at the Aragon Ballroom site. All was in order. Mr. McLean moved to approve the license. Seconded by Mr. Karth. Motion carried unanimously. Mr. Locher had checked the Purchase agreement from the Anoka County Park Department. There were several items he felt should be deleted. He would like to clear these with the County Attorney. Mr. McLean asked if he could have the items cleared by the next meeting? Mr. Locher said, Yes, but he felt the Council could pass a motion to approve this sale subject to the clearance of the items. Mr. McLean moved to approve the purchase agreement with Anoka County Park Department subject to the ex- ceptions noted by the Attorney, when cleared by the Attorney, the Mayor and the Clerk be authorized to sign the agreement. Seconded by Mr. Karth. Motion carried unanimously. Mr. Locher had asked the Clerk of Court for a break down on the dispos- ition of fines collected. There are some exceptions, but basically fines are split 50/50 between the County and the Municipality. Highway patrol fines are split 1/3 each for State, County and Municipality. There are also exceptions to this. Mr. McLean said considering the $2,500.00 paid in Attorney fees last month, can the City anticipate this rate of expenditure over the year? Mr. Locher said he cannot answer, it depends on the activity of the people and the Police Department. Mr. McLean was concerned that a private citizen can use the City Attorney and the City pays the bill such as the case of the complaint of an unlicensed dog. Two sessions before the Judge and the complaintant dropped the charges, therefore no fines were levied. Mr. Locher said, in this case, Yes, the City must defend it's Ordinances. Mr. Locher said the one areas this is very costly is the ISF checks. So far, this City has been fortunate in there has been very few cases. Mr. McLean asked if the City would be wise in considering paying a re- tainer such as Blaine does? This would make budgeting more accurate. Mr. McLean asked Mr. Locher what his charges would be on this basis. Mr. Locher said he didn't know, he would have to study the matter. He suggested the Clerk contact Blaine for their costs. Mr. Locher reported on the Union Contract with the Police Department. He said he had researched all sources for funds and found none. The Mediator had recommended a 10% raise for the two Patrolmen and the Clerk and a raise from $3.85 to $4.09 an hour for the part -time men. Holidays and overtime would not be paid at this time but a record would be kept for each person and the contract would be reopened on July 1, 1976 for the purpose of discussing wages, Holidays and overtime only. The Union had been asked to send a copy of the areas that had been agreed on by the City and the Union but this has not been received. Mr. McLean said the implication on the Holiday and overtime is this is to be retroactive. Mr. Locher agreed. Mr. Locher said he can only refer this decision to the Council. Mr. Zelinka said he could see no reason for the Council to ask for arbitration at this time. The Council agreed with Mayor Bohjanen stating the Council will wait for the letter from the Union and consider the whole matter at one time. 22 February 9, 1976 Mr. Karth asked, in the event the Union forces this matter to arbitra- tion, what kind of costs is the City looking at? He was told the costs are shared equally by the City and the Union. Mr. Locher reiterated that it is not the lack of desire on the part of the City to pay, just a simple lack of funds. The demands can only be met by cutting services in other areas. Mr. McLean asked Mr. Schneider if he knew the end of the scheduled hockey season? Mr. Schneider thought around the end of February. Mr. McLean said last year the hockey rinks were not kept up after the hockey season ended. Mr.. Locher apologized for the Hansen Road mixup and said he cannot find the documents nor his notes. There is also a portion from the service road to the Hansen Road that must be accepted. This he must obtain a legal discription from the County for. Mr. Roland Anderson, Anoka County Surveyor, was scheduled for this meet- ing but did not appear. Mr. Locher said Mr. Anderson had been ill, but he will check and possibly Mr. Anderson will want to attend the next Council meeting. There was discussion of the Land Use Bill now being considered in the State Legislature. Mr. Schneider asked if the City had made a statement as to the City's position on this bill? Mr. McLean said a position paper had been presented last year - all members of the House and Senate as well as all communities in the seven county area had received a copy of the position paper. Mr. Karth reported that a group of private citizens are formulating a statement to present to Mr. Steffen for use in the hearings on this bill. When this letter is completed, Mr. Karth felt the City Council would probably be asked to ratify the statement. Mr. Zelinka questioned requisition #653. He felt this was an after the fact requisition and should be presented as a bill for payment. Mr. Zelinka moved to approve requisitions #651 and 652. Seconded by Mr. McLean. Motion carried unanimously. Mr. Schneider pointed out the amount of Check #6884 was incorrect. The Clerk was instructed to void this check and rewrite a check for the correct amount of $233.98. Mr. Zelinka moved to approve checks #6872 through and including #6900, voiding #6884 and replacing with check #6900. Seconded by Mr. McLean. Motion carried unanimously. Mr. Zelinka moved to approve payroll checks #3372 through and including #3389. Seconded by Mr. Karth. Motion carried unanimously. Mr. Schneider asked if there is any sort of backup for the sewer truck and was told, No. Mayor Bohjanen said Mr. Lyle Tauer owns a tractor that will fit the tanker. This could be leased. He will contact Mr. Tauer for the possibility of working out some arrangement in case the tractor i$ needed. February 9, 1976 Mr. McLean moved to adjourn at 11:15 P.M. Seconded by Mr. Karth. Aye. These minutes were approved, with corrections on .� �� �/ ���� 4),/w) CLERK - TREASURER