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HomeMy WebLinkAbout03/08/1976 Council Minutes34 March 8, 1976 The regular meeting of the Lino Lakes City Council was called to order on March 8, 1976, at 8:05 P.M. by Acting Mayor Zelinka. Council members present; Karth, McLean, Schneider. Absent; Mayor Bohjanen due to illness. Mr. Locher was also present. The minutes of February 23, 1976 were considered. Mrs. Elsie Wood, from the audience, corrected the minutes of page 4, second paragraph from the bottom, as follows; 'delete the word "No" and add "she said all but three families had signed the pet- ition and she was sure it represented more than 35 %" Mr. Karth moved to approve the minutes as corrected. Seconded by Mr McLean. Motion carried unanimously. Acting Mayor Zelinka introduced Mr. Robert Burman, Anoka County Commissioner, who had asked to attend this meeting to explain the establishing of the special service district for taxing purposes. Mr. Burman said this Resolution had been brought before the Board without having been placed on the agenda. He had voted for the Resolution without the full knowl- edge of how this would operate. After some study, Mr. Burman had made a motion to recind the Resolution but had been unable to get the motion passed. At the present time the Resolution is tabled until all communities have been contacted. Mr. Burman introduced Mr. Ralph McGinley, Executive Secretary to the Board, to explain how this taxing district would work. Mr. McGinley asked where he should begin? Acting Mayor Zelinka asked that he explain the entire program. Mr. McGinley explained the law allowing the establishment of the suborniate taxing districts. This law gives the Board of Commissioners the authority to designate certain parts of Anoka County to be set up as service districts and have a mill rate levied against that district. He felt it was a simple law and the legislature is looking at it with the possibility of giving all other counties the same authority. Mr. McGinley said the law has never been implemented until the Sheriff's office ran into financial problems. One 18 hour contract with the Sheriff's office had been cancelled and one contract had been cut back to 8 hours. This had created a $60,000.00 deficit in the budget for that department. The Board of Commissioners had looked at this law as an alternate to contract service with communities. They felt this would provide a more stable base than the contracts. Mr. Burman said some communities do not levy any amount for law enforcement. He felt the action taken on this matter was backwards. The request should have come from the communities. He felt the communities will not accept this without some say in the operations. Acting Mayor Zelinka said the Council had heard some statements to the effect the service districts would not follow community boundaries. Mr. Burman said there had been no thought of not using community bondaries. Mr. Burman was asked, if a community has it's own force, can the service district encompass that community and Mr. Burman said, there was no interest in assuming the responsibility for law enforcement in communities that have their own depart- ments. Mr. Schneider asked about communities with only part -time forces, with only 16 hour coverage, would the County take over that community. Mr. Burman said, No, if 1 1 1 March 8, 1976 a community can handle the 16 hours a day, it would be the Sheriff's respon- sibility to cover the emergencies in the off hours. Basically, the only int- erest of this Board is to get some aid from the units of governments who do not levy any amount to pay for law enforcement. There was discussion of the services that are being paid for by all communities, but some receive more benefits than others, such as the ice arenas, library, hospital, etc. Mr. Burman agreed. He said as the County and Communities grow, more services are required and as the communities grow, they in turn assume more of the res- ponsibility of providing those services. He said he didn't like the service district theory. If it had been requested by the communities and then impl- emnetated by the Board, this would have been a more equitable way of establish- ing the service districts. He felt the whole affair had been done backwards. The action had been brought on by the cancelling of the contracts and creating a deficit in the Sheriff's budget. Mr. Burman said the Senior Citizens day will be held later than usual this year due to some problems with the fiscal disparity act. Tax statements will not be out until after the first of May. He also reported on a joint effort for the use of the Central Communications system. He will prepare a rough draft for Council consideration. He hopes to mail this information to all res- idents and will consider including the Information Guide prepared by the City in the mailing. Mr. Redipenny, of the Anoka County Highway Department, was here to explain the North Road project. He told the Council of the plans for concrete curbs and gutters along that street from Lexington Avenue to Old Highway #8. A portion of this planned work is in Lino Lakes. Mr. Redipenny said the section from Sunset to Lakeview on the North side of North Road would be the responsibility of this City. He said the communities of Circle Pines and Blaine have agreed to the corrcept and he needs the 'approval in concept' of this Council before the final plans can be made. He was asked the cost of the curbs and gutters and said the cost is approximately $4.00 to $5.00 per running foot. The County pays for 50% and the Community pay for 50%. Mr. Gotwald arrived. Mr. Redipenny was asked if there is to be sidewalks on the South side of the street and he said, Yes, all the way to Old Highway $8. He said the install- ation of sidewalks on the North Side is up to the City. The portion of land beyond Lakeview is owned by the County or the State and it will be their res- ponsibility to install the curbs and gutters and the sidewalks in that area. Mr. Redipenny asked the Council to give some thought as to placing the side- walks outside the County right -of -way to allow for boulevards. Sidewalks will not be placed on the North side of North Road to the West of the school at this time but the provisions has been made for them if and when the land is developed. Mr. Redipenny said he will be returning with a four way agreement in order to get this project 'linden way. Mr. Schneider asked, when? Mr. Redipenny said, quite soon. He thought the agreement was in the process of being written now. What he needs from this Council is an understanding that they can agree to this project. Mr. McLean asked if the cost figures are available and Mr. Redipenny said, Yes. 36 March 8, 1976 Mr. Gotwald was asked if he had any questions and he said his firm would be interested in the grade and the proposed changes, if any. Mr. Schneider asked if the costs could be assessed to the property owners? Mr. Locher said, Yes, and noted the legal requirements of publication and public hearing. Mr. Redipenny said he could have the cost figures to the Clerk in a couple days. Mr: McLean said it is then a matter of setting a hearing date. Mr. Locher, Mr. Gotwald and the Clerk are to set the figures per property owner. A tentative date for the hearing was set for Monday, April 12, 1976. Mr. Redipenny told the Council the Anoka County Highway Department will be work- ing on a plan for the improvement of Old Highway #8 from Lilac Street North this summer and will be contacting Mr. Gotwald in connection with that plan. Mr. McLean asked Mr. Burman if this Council moved to adopt the Ham Lake Resol- ution, would that assist him in getting the resolution establishing the service districts recinded? Mr. Burman thought it would. Mr. McLean moved to adopt the Resolution as presented by Ham Lake for submission to the Anoka County Board of Commissioners. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Locher said there must be two publications of the notice for a public hear- ing. The publication must state the time, place, nature of improvements and estimated costs. Last publication must be ten days before the hearing. There will be time for the publications if the date is set at the next Council meeting. The Clerk was instructed to get the cost figures for curb, gutters and sidewalks and the estimated front footage affected. Mr. Gotwald asked if it would not be necessary to do a feasibility study,and Mr. Locher said, Yes. Mr. McLean moved to direct Mr. Gotwald to prepare a feasibliity study of that portion of North Road as affected by this project, with figures based on the County's cost estimates. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Locher suggested the sidewalks be included in this improvement can be del- eted from a project but they cannot be added once the hearing is set. Mr. Locher reminded the Council, since these improvements are not by petition, a 4/5's vote of the Council is necessary to order the improvements. Mr. McLean asked how long is the normal period for the repaying of an assess- ment such as this and Mr. Gotwald said they rarely go over five years. He will present the cost figures for different time periods. The Clerk reported on the following items; ..A conference scheduled for newly elected Mayors and Council members is to be held on April 9th and IOth at the Radisson Inn Plymouth. The notice was given to the new members. ..Received a notice of a public hearing on the proposed amendments to the rules for voter registration. A copy may be obtained but since these are only prop - osed rule changes, it was suggested that a copy of the final changes be ob- tained. ..Received a copy of the application for permit to control the floating bogs in Peltier Lake. The maps were consulted and the matter discussed. This sub- 37 March 8, 1976 ject does not require action by the Council. The user charges were discussed. The Clerk was instructed to develope the cost directly related to the users, eliminating all costs incurred by the hauling of the sewage and all revenues received for that service. The Clerk had contacted the surrounding communities and the charges as!Ievied by this City are comparable. Mr. Gotwald said some communities use the 1st quarter's water reading as an average flowage for sewage and charge a flat rate based on that figure up to a certain gallonage. An extra amount is charged over and above the average figure. This matter will be on the next regular Council meeting agenda. The Police Contract with Centerville has not been taken care of for 1976. The Clerk was instructed to work out a cost figure using last years figure, adding an 8% cost of living increase and the increase in population of Centerville. This figure to have the stipulation that it could change based on the results of the Union negotiations. This is to be ready for the March 22, 1976 meeting. Mr. Karth said the old pickup is not allowed out of the City and as a result, Mr. Volk had been involved in an accident with his truck while going for parts. Mr. Karth asked Mr. Locher if the City insurance would cover the $100.00 deductible on Mr. Volk's insurance. Mr. Locher said the City's insurance also has a $100.00 deductible and would not cover Mr. Volk. He said it would be up to the Council to make a decision on whether to pay this amount. Mr. McLean said the use of private vehicles for City business had been discussed last year and the Council had asked that this not be done unless absolutely necessary. Acting Mayor Zelinka asked Mr. Karth if he had authorized Mr. Volk to use his truck to go for the parts. Mr. Karth said, not this particular trip. Acting Mayor Zelinka said he did not feel employees should be penalized for using their own vehicles. Mr. Schneider moved to reimburse Mr. Volk the $100.00. Mr. McLean added that alternate methods should be used for obtaining parts. Acting Mayor Zelinka asked if the unmarked Police car could be used for this? Mr. Locher said unless the car was being driven some place for repairs, it would be illegal. Mr. Karth seconded Mr. Schneider's motion. Motion carried unanimously. Mr. Karth asked the Council to consider the purchase of a pickup for the Road Department this Spring or Summer. The money for this purchase is 'rn the 1976 budget. He has specs and an estimated cost from Grand Avenue Ford for a 4 wheel drive with a swing plow. Mr. Karth felt this unit could be used to clear around the Hall and clearing the hockey rinks. Mr. Schneider said this item is part of the Federal Revenue Sharing for July. Mr. McLean felt this money was to be held in case of a break down of the sewer truck. Acting Mayor Zelinka asked when the cash flow would allow this purchase and Mr. Schneider said in July. 38 March 8, 1976 Acting Mayor Zelinka asked about repairs on the old truck. Mr. Karth said it needed four new tires and some work on the steering. The truck has 160,000 miles registered now. Mr. McLean asked if it could be put in a safe workable condit- ion for about $400.00? Mr. Karth said for a while but not for too long. Mr. McLean asked if there is a reserve in July and Mr. Schneider said, Yes. Mr. McLean asked how much and Mr. Schneider said $75,000.00 would be available with an $8,000.00 built in reserve. He felt if this purchase is considered, he should probably buld in an additional $8,000.00. Acting Mayor Zelinka asked Mr. Karth to check the old truck for road safety and get an estimated cost for repairs. Mr. McLean had no report. Mr. Chneider went through the cash flow report. Each Council member has a copy., There is enough money in the account to cover the pay- roll. Money from the MWCC due this week will cover the withholding deposits. The only other check that will have to be covered is the North Central bill. This must be paid before the 15th to avoid a penalty. The remainder of the checks will have to be held until the 15th when the first quarter State Aid check is due. Acting Mayor Zelinka asked if the Clerk had checked into the savings account prov- ision and she said she had talked with Mr. Muhlbauer at Centennial State Bank. He has said if monies are to be left in the account for a period of at least 30 days, and preferrably longer, an account can be set up. But it cannot be used as a checking account where monies are put in one week and transferred out the next week. If this is done, the bank will then debit a service charge against the check- ing account. Mr. Schneider asked this matter be tabled until he has a chance to talk to the bank manager. Mr. Schneider reported Chief Myhre had recomputed the figures in connection with service to the MMTC and had arrived at a total cost of $558.95 for the year 1975. Mr. Schneider had checked the figures and felt they were correct. Mr. Schneider moved to bill the MMTC for $558.95 for Police service during 1975. Seconded by Mr. Karth. Motion carried unanimously. Acting Mayor Zelinka reported he had had been unable to attend the Personnel Comm- ission meeting. Each Council member had a copy of the minutes and a schedule of the proposed salary increases. Acting Mayor Zelinka read the minutes and the re- commendations of the Personnel Commission. The Personnel Commission had recommended an 8% salary increase for all City employ- ees with the exception of the Police Department. Mr. Volk had presented a schedule for the consolidation of some duties and the elimination of some part -time personnel. The Personnel Commission had recommended Mr. Robert Lundgren become a permanent full -time employee; Mr. Steve Zmuda become a permanent part -time employee, thus eliminating the need for additional part -time employees except in an emergency. Mr. Johnson would remain as a part -time employee in the Park Department. Mr. Karth felt if the 8% proposed increase is below the budgeted amount, he could see no problems. Mr. McLean felt it was necessary to be consistent and Mr. Schneider thought this might be difficult. 1 1 1 March 8, 1976 Mr. McLean moved to table consideration of this salary increase until March 22, 1976 meeting. Seconded by Mr. Schneider. Motion carried unanimously. Mr. McLean asked about job classifications and Acting Mayor Zelinka said it would probably be completed at the next meeting. Mr. Locher said he had talked with Mr. Wisenburger and he (Mr. Wisenburger) had delivered a letter to the City Hall. This is a copy of the contract with the points of agreement marked. Mr. Wisenburger said they would be glad to meet with the Council. Mr. Locher suggested setting a special meeting for this purpose as soon as possible. Mr. McLean asked Chief Myhre when he could have his proposal in writing and avail- able for the Council and Chief Myhre said by Monday, March 15, 1976. Mr. Locher was instructed to present the dates of March 23rd or 24th as possible dates for a special meeting with the Union representatives. Mr. Locher said he had met with Mr. Pearson, Head of the Police Officer Training School Board. Mr. Pearson had felt that Mrs. Pankratz is classified as a Clerk - Typist and as such is not eligible for entrance to the Peace Officer's Training School. He had written a letter to that effect. Mr. Locher would recommend the Council authorize her enrollment and whether she is accepted or refused is a matter for the State to decide. Mr. Locher said the definition of a Peace Officer as used by the Peace Officer Training Board is much tighter than the definition in the State Statutes. Mr. Karth questioned Mr. Locher's statement at the bottom of his original letter advising against her application. Mr. Locher said he had had second thoughts on this matter and he feels the State should make the decision as to whether Mrs. Pank- ratz is allowed to attend this school or not. This would also clear the matter now before the Human Rights Commission. Mr. McLean asked if the application will be filed with the job description and Mr. Locher said, Yes. Mr. Locher said there may be some changes in the laws relating to part -time officers and the problems related to those men not having had officer training before their one year of employment is completed. Mr. Locher read the law stating 'a Police officer must attend school before completing one year of service or he forfeits his position.' Mr. Karth asked what happens after the year of employment if the personnel has not attended the approved school? Mr. Locher said this is where the problems start - there are no provisions made and many things must be done !,in duplicate and this means additional expenses to the communities with part -time personnel. Mr. McLean felt this Council was in a force position. Mr. Locher said the Council could ask for an Attorney General's opinion on this but he felt the Police Officer Training Board would ask for one and they would get an answer much faster. Mr. Karth asked if the other tests should come first? Chief Myhre said Mrs. Pankratz has had one of the tests already. Chief Myhre said he had received a letter from Mr. Peterson at the Training School stating that Mrs. Pankratz had been removed from the list and is not now scheduled to attend the Peace Officer Training Courses. Acting Mayor Zelinka asked for a copy of the leter for Mr. Locher. In the interim, Mr. Locher read a letter from the MWCC in regards to the user charges and suggested the Clerk be authorized to fill out the forms with assistance from the Engineer. March 8, 1976 Chief Myhre returned with the letter from Mr. Peterson. Mr. Locher read the letter. Mr. Locher felt that notification should be sent to Mr. Peterson noting Council approval of Mrs. Pankratz's application. Mr. Karth so moved. Seconded by Mr. Schneider. Motion carried unanimously. Mr. McLean moved to have the Attorney draft the letter for Chief Myhre's signa- ture to be sent to Mr. Peterson. Seconded by Mr. Karth. Motion carried un- animously. Mr. Karth reported there is a problem with the transfer of the location of the liquor license from the Oasis site to the Aragon Ballroom. There is a stip- ulation in the contract the location of the licenses cannot be changed with- out written consent of the seller. Mr. Karth asked Mr. Locher if the City was legal in approving the transfer of location for that license? Mr. Locher said the approval of the transfer of the license,, could be revoked unless written permission is obtained. Mr. Karth so moved. Seconded by Mr. McLean. Motion carried unanimously. The Attorney was instructed to send a letter informing the present owners of this situation. Mr. Karth asked that an answer be in on or before the next Council meeting. Mr. Locher asked Mr. Karth for the name of the Attorney handling the sale. Mrs. Elsie Wood, from the audience, asked if any consideration had been given to their petition for sewers? Acting Mayor Zelinka apologized for the long wait, but Mr. Gotwald will report on that subject in just a few minutes. Mr. Locher said that Mr. Parlarski from Midland Consultant had contacted him on the requirements for obtaining a fee title on two sites for the lift stations. These sites would be less than the required 2 acres and a variance would be necessary. Mr. McLean had told Mr. Locher a special meeting of the P &Z could be called if necessary. Mr. Locher has had no further contact with the firm but will let Mr. McLean know as soon as he has information. Mr. Gotwald reported on a request received from Northwestern Bell Telephone Company for the installation of buried cable on 24th Avenue North and on 80th Street. He had checked the plans and recommended approval. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. Mr. Gotwald reported he had talked with the MWCC and the contract for the inter- ceptor will be let in May. The lift station at Shenandoah will have first prior- ity. He has talked with the insurance company covering the installation of the internal system inkShenandoah and the City will be named on the insurance policy but the bonding company refuses to include the City. Since the deve- loper provides an overall performance bond, Mr. Gotwald felt the City should ask Mr. Rehbein for a duplicate bond covering the sewer work. When that portion of the work is completed, that part of the bond could be released. Mr. Locher agreed with Mr. Gotwald. Mr. McLean moved to instruct the Clerk to write a letter to Mr. Glenn Rehbein askthghe post a performance bond covering the entire project in Shenandoah to include the streets and all utility work to be done. When the utilities 1 1 1 41 March 8, 1976 are in and accepted by the City, that portion of the bond will be released. Seconded by Mr. Karth. Motion carried unanimously. Mr. Gotwald reported on the footage as computed on the petition. The signat- ures represent 40% of the front footage from Birch Street to County Road W. The next step is the conducting of a feasibility study by the Engineer and to set a date for public hearings. Mr. McLean asked the target date for completion of the interceptor and Mr. Gotwaid; said in December. Mr. Gotwald said the feasibility study will be confined to the petition area but will also consider the entire area the interceptor is designed to handle. Mr. McLean moved to authorize the Engineer to complete a feasibility study on the area covered by the petition with the target date to be the first meet- ing in May or sooner. Seconded by Mr. Schneider. Motion carried unanimously. After this study is completed, a hearing will be set. Each person who owns property that will be affected will be notified by mail as to the date, time and place of the hearing. Mr. McLean moved to set Monday, April 5, 1976 at 8:00 P. M. for the rescheduled date for the public hearing on the proposed dog ordinance. Seconded by Mr. Karth. Motion carried unanimously. Mr. Schneider moved the Deputy Clerk continue as is until the next meeting. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to approve requisitions #657, 658 and 659. Seconded by Mr. Karth. Motion carried unanimously. Mr. McLean moved to approve checks #6925 through and including #6945, paying #'s 6925, 26,27, 31 & 33, holding the remainder for funds. Seconded by Mr. Karth. Motion carried unanimously. Mr. Karth moved to approve payroll - checks #3416 through and including #3434. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to adjourn at 11:20 P.M. Seconded by Mr. Karth. Aye. These„ minutes were a p rovd, with corrections on 41 4 CLERK - TREASURER