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HomeMy WebLinkAbout04/26/1976 Council Minutes66 April 26, 1976 The reguular meeting of the Lino Lakes City Council was called to order at 8:05 P.M. on April 26, 1976 by Mayor Bohjanen. Council members present; Karth, Schneider, Zelinka. Mr. McLean will arrive later. Mr. Locher was also present. Mr. Karth moved to approve the minutes of April 12, 1976 as presented. Seconded by Mr. Zelinka. Motion carried unanimously. The Clerk reported on the following items: ..Notice of the approval of Flood Insurance for the City of Lino Lakes had been received. This material was given to the Attorney for checking. ..The Planned Use Report for the Federal Revenue Sharing for the period from Julyl, 1976 through December 31, 1976 had been received. The amount the City will re- ceive is $13,554.00. This is an indication of a cut back in the amount the City has been receiving. The Clerk is to make copies of this for the Council members for consideration at the May 10, 1976 meeting. ..Received a copy of the proposed improvements at the MMTC. This information was given to Mr. Schneider. ..Received a study on sewers from the Federal Government. This material was given to Mr. McLean for study. ..Read a cover letter from Mr. Gotwald on the feasibility report for the sanitary sewer improvement No. 76 -1. Mr. Gotwald recommended a Council conference with the Bonding Consultant, Attorney and Engineer prior to public hearings. Afer some discussion the meeting was set for May 5, 1976 at 7:30 P.M. ..Read a letter from Mr. James Barton setting forth the action the Council must take in connection with the installation of the interceptor. The Clerk was instruct- ed to contact Mr. Barton and ask that he be at the May 10, 1976 Council meeting. He is to be first on the agenda. ..Reported receipt of the March sewer hauling charges in the amount of $1,245.00. ..Municipal fines for the month of March received in the amount of $278.00. ..Read Mr. Gotwald's cover letter on the petition for the utilities for the Lexing- ton Park Lakeview area. The signatures represent only 34% but Mr. Gotwald felt there was sufficient interest to justify a hearing. Mr. Zelinka moved to inst- ruct Mr. Gotwald to proceed with a feasibility study. Seconded by Mr. Karth. Motion carried unanimously. ..Reported that many calls from the residents of Shenandoah had been received ask- ing what the City's hook up charges will be. According to the Ordinance, the charges are set at $500.00 with this amount including the S.A.C. Mr. Locher said he had talked to Mr. Gotwald on this matter and Mr. Gotwald had felt that since there are no special assessments in this area, the charges should be just an in- spection fee. Mr. Locher felt the figure set in the Ordinance should be up dated to reflect the rising costs of the S. A. C. The CLerk had called Mr Ray Payne at the MWCC and the S. A. C. for those homes must be paid. After some discussion, it was decided to seek more information on this matter and make it a part of the discussion at the special meeting on May 5, 1976. ..Notice of the condemnation procedures on the property located on Main street that had been acquired by Anoka County for Park purpose had been delivered to the Clerk's office. Mr. Bob Davis, from the firm of Hill - Milne, was present to discuss the 1975 audit and to answer any questions the Council members might have. Mr. Davis said the one critical area for the City at this point is the deliquent taxes and special assessments. There was discussion of collecting these monies with the general consensus being there is no way this can be accomplished by the City. Mr. Schneider asked why recommendations such as Mr. Davis had made in a letter had IIIMr. Davis said these recommendations are part of the audit and he makes such recomm- endations. Prior to this he did not know, unless the recommendations had been made orally. He said most of the recommendations as presented in his letter have been instituted. April 26, 1976 had not been made previously? And why there had not been an investment schedule? Mr. Schneider asked if the closing of the books by the Auditor is normal practice and Mr. Davis said it is not an uncommon practice. Mr. Zelinka asked if a quarterly review of the bookkeeping practices of the office would not make the final audit much easier? Would there be a great difference in cost? He felt if there were corrections needed, it would be easier to make them quarterly. Mr. Davis felt the cost would be much more. Mr. Schneider said this would be just a review, not an audit. He asked what other communities do? Mr. Davis said this varies. Mr. Schnedier asked if it is not required by law that a financial report be presented to the Council by the 15th of February by the Clark? Mr. Davis said he wasn't sure and Mr. Locher checked the statutes on this. In the meantime, Mr. Zelinka told Mr. Davis that he had been unhappy with the counsel from the Auditor. Recommendations had been asked for but not received. Mr. Davis restated that he felt this is part of an audit, to make recommendations. IIIMr. Schneider asked Mr. Davis to explain the difference in the Debt #2 figures listed in the fund balances and the CD schedule. Mr. Davis said the CD schedule reflects the designation of the CD's and the fund bal- ance is the actual amount in the fund. Mr. McLean arrived at 8:55 p. Mr. Locher read the State Statutes pertaining to the financial reporting. This report must either be published or posted in three places. Mr. Schneider felt the recommendations were late in coming but he felt most had been incorporated into the bookkeeping system. Mr. Zelinka asked Mr. Davis how long he had been with the firm and Mr. Davis said about six months. Mr. Zelinka said he was glad for the attention. If thtbre had not been a change from the years before, he would have recommended looking for a new auditing firm. he would like to take some time to study this report and find time to go over some of the areas he doesn't understand with Mr. Davis. He told Mr. Davis he would contact him. Mr. Schneider asked Mr. Davis what charges would be involved in checking the avail- ability of Federal or State aid. Mr. Davis said it would depend on the work done. He had no idea of the charges. He said this kind of investigation is usually done by a City Administrator. It is necessary to go to the agencies and present the applic- ations. Mr. Davis was thanked for his time. Mr. Zelinka moved to modify the agenda to handle a health problem that exists on Andall Street. Seconded by Mr. Karth. Motion carried unanimously. April 26, 1976 Mr. Locher presented the data on this problem. Mr. Mueller of 407 Andall Street was in the audience. Mr. Locher said this building is not on a public street. A letter from the Anoka County Health Department was read citing many instances of health hazards. Mr. Mueller said that Mrs. West, another resident of the area, had been in Court on October 14, 1975 and the Judge had given the owner thirty (30) days to repair the damages and clean the septic systems. Nothing has been done to date. Mr. Mueller said the water is undrinkable. The owner had said he would be at the residence at 7:00 A. M. this date to pump the septic system and no one had been there. Mr. Locher was questioned on the procedure and he said the Anoka County Health Department should sign the complaint. Mr. McLean said if you can't drink the water and the sewage can't be discharged, this would indicate the home is unfit for habitation and should be red tagged by the Health Department. Mr. McLean moved to recommend to the Anoka County Health Department these homes be red tagged as unfit for human habitation. Seconded by Mr. Zelinka. Motion carried unanimously. Mayor Bohjanen said the Police Contract was next on the agenda. Mr. Locher had contacted the Union and they had agreed that Article XIX would state "fob +full time employees only." Mr. McLean asked if this could be considered as additional salary and in future years, the Council would be approached for additional benefits? Mr. Zelinka said that separate checks for "Insurance Only" should be written. This amount should not be included as part of the payroll check. Mr. Karth moved to pay this amount by pink checks stating "for Health Insurance, Article XIX per contract." Seconded by Mr. McLean. Motion carried unanimously. Mayor Bohjanen was asked how the Council would know if this amount is used for insurance and he said the City should have a copy of the contract issued to each person. Mr. McLean felt the employees must furnish evidence of having purchased insurance. Mr. Schneider so moved. Seconded by Mr. McLean. Motion carried unanimously. There was a question as to when these benefits would start - when proff of pur- chase of insurance or is this retroactive to 1/1/76 when the contract becomes effective? Mr. Locher will clear this. Article XXI was discussed. Mr. Locher said the only problem he has with this Article is there is no time limit. Mr. McLean wondered if the duration could be tied into the Workers Compensation. And Mr. Locher thought it could. Mr. Zelinka said not only tied in as to the time limit but on the percentage of disability. Mr. Locher will talk to the Union - this Article must have time limit as well as other restrictions. It was suggested he contact the Sheriff's office for their April 26, 1976 procedures in handling matters in this area. In Article XXIII dealing with uniform allowance. the word 'employee' should be changed to 'officer' in two places. Mr. Schneider questioned the salary for the Police Clerk /Typist - what about the salary if this person had to be replaced? Mr. McLean felt that if this should happen, the City would have to pay the salary as stated in the contract. There is no range in the classification and no merit potential. Mr. Zelinka said before the next negotiaions, there should be a salary range set. Mr. McLean agreed. There should be a job description written with a salary range. Mr. Zelinka felt the Attorney could convey to the Union, the Council is in gen- eral agreement with this contract except for the disputed points. The Clerk questioned the computation of hours for retroactive pay for Mr. Hillyer. Chief Myhre had computed the hours to include the time spent in school. There was discussion on this with Chief Myhre presenting Mr. Hillyer's request that he be paid for the time spent in school any reimbursement from the State minus the salary paid through that period. Mr. Schneider so moved. Seconded by Mr. McLean. Motion carried unanimously. The Proposed Dog Ordinance was discussed. The time limit in Sec. 1, Sub. a, was questioned. Chief Myhre said the Animal Control felt this should be longer than 72 hours. After some discussion, Mr. Schneider moved to change "72 hours" to "10 days ". Seconded by Mr. Zelinka. Motion carried unanimously. In considering the fees in Section 5, Mr. Karth moved the impounding fee be $10.00, and the room and board fee be $2.25 per day. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Zelinka moved that $I.00 be charged for duplicate license. Seconded by Mr. Karth. Motion carried unanimously. This Ordinance repeals all other dog control ordinances and modifies the Kennel Ordinance in that a Kennel license must be obtained for "three dogs or more ". This Ordinance is to be published in all three papers serving this area. Mr. Zelinka moved to adopt the Ordinance presented for the regulation and keep- ing of dogs and assigned the next number. Seconded by Mr. Karth. Motion carr- ied unanimously. Mayor Bohjanen asked the Clerk to read a notice of a well workshop to be held by the Anoka County Health Department. This notice is to be forwarded to Mr. Mobley and Mr. Vadnais. Mrs. Klang had called the Mayor concerning the property on Birch Street. She wants to burn this before pushing into the basement area. Mr. Locher wondered if there was insurance to cover any damage in case the fire gets out of hand. Mr. McLean suggested having a fire department rig stand by. The Clerk is to call Mrs. Kiang and the Centerville Fire Department. Mayor Bohjanen said the Scout clean up on Saturday went fine. Two truck loads of debris were collected and hauled away. The bags and the trucks were apprec- iated by the Scouts. Mayor Bohjanen gave a list of orginazations for "Thank You" letters to be sent to. 70 April 26, 1976 Mr.Karth reported the sewer truck had broken down today. It has been partially torn down and there are 4 valves and 2 pistons gone and the minimum estimate for the repairs is $600.00. There is no knowledge of the condition of the crank- shaft or if the heads are still good. Truck rentals range from $17.00 per hour for Mr. Tauer's tractor to $18.00 from Rocker, Inc. Several others had been called and the charges were in the $30.00 per hour range. Mayor Bohjanen said he would contact Mr. Ray Payne at the MWCC for possibly some assistance in that area. Mr. Karth reported that three springs on the trailer are broken and four more are cracked. This could cost about $300.00 for repairs. Mr. McLean had done some quick calculations and estimated it would cost the City approximately $2,300.00 per month on a rental basis. Mr. Karth said the ditches on Maple will be dug this week. He also presented the suggestion of contacting the Anoka County Commissioners and request that the County assume the responsibility for 24thAvenue along with Washington County. Mr. Zelinka moved that a letter be written to the Board of Commissioners with this request with a separate letter to Mr. Burman. Seconded by Mr. Karth. Motion carried unanimously. Mr. Karth reported the Lino Athletic Association will put in players benches at Lino Park and the Hall property. They will do the work and furnish the mat- erial all they ask is that some one be present to show them where the benches should be. Mr. Zelinka moved to authorize this project. Seconded by Mr. Schn- eider. Motion ca rri,ed unanimously. Mr. Karth reported that Mr. Mobley, Building Inspector, had contacted him to suggest the Council consider an Ordinance requiring contractors to be licensed. Mr. Mobley had suggested a nomimal fee of $25.00 with bonding required. This would control who works in the City and the type of work done. Mr. Locher will bring some sample ordinances for consideration. He was asked if the ordinance involves just the building trades and Mr. Locher said, Yes. Mr. Zelinka was concerned that suddenly it would become necessary to have a union man do any work a citizen might want to do himself. He did not want this to happen. Mr. McLean asked the Council to write their suggestions and present them to the Planning and Zoning Board along with the suggested ordinance. Mr. Ringaman, from the Audience, felt this was not part of the duties of the Planning and Zoning Board. He thought this Board should only be concerned with the use of the land and not involved with what type of buildings are put on the land. He felt sending this matter to the Planning and Zoning Board was a waste of time and only delayed the action. Mayor Bohjanen told Mr. Ringaman this is being careful and making sure that when an Ordinance is passed by the Council, it is an Ordinance that can be lived with Mr. Zelinka said the Planning and Zoning Board does all the investigation and study on these matters and send their recommendations to the Council for action. Basically, this saves time in that the Council has the necessary information 1 1 1 April 26, 1976 to make a decision. If the Council has a question on some aspect of the Plann- ing and Zoning Boards recommendations, it could be sent back for clairfication. But this is part of the duties of the Planning and Zoning Board. Mr. Ringaman felt that people who serve on these Boards should be knowledgable in the areas necessary to make recommendations. He suggested to insure this being so in the future, the members of this Board should be scree;ied by the Personnel Commission. Mr. McLean told Mr. Ringaman that any time the Board feels inadequate to make a recommendation on a particular request, there is expert advice available from the Attorney, Engineer, and the Planner. The Board uses these sources when nec- essary. Mr. Karth had prepared a copy of specs for a pick up for allCounci1 members. This is the same truck that has been purchased by Circle Pines and he suggested if any member has a question, they should contact Mr. Bloomstrand for informat- ion. This is for consideration for a July purchase - maybe. Mr. Zelinka asked how the roads were in general. Mr. Karth said they are beginn- ing to dry out. Mr. Schneider asked about West Shadow Lake Drive and Mr. Karth said it is in pretty good shape. He is still trying to get the County to assume the responsibliity for that street. Mr. McLean reported on the Planning and Zoning Board meeting held on April 21, 1976. Most of the items were concerned with people who needed more information. Mr. Carey of 490 Pine Street had applied for a special use permit to operate a saw sharpening business at that location. The Board had questioned the hours and noise and felt these were acceptable. Mr. Carey plans a small sign mounted on his mailbox. The Planning and Zoning Board had recommended approval of this special use permit. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion carr- ied unanimously. A letter from WCCO had been received asking for an extension of the special use permit for construction of a radio tower off Holly Drive. This permit will expire in June and WCCO is still in hearings before the FCC. Mr. Lewis stated that it would be perhaps one year after approval before a building permit would be applied for, therefore, he requested the permit be extended until the aniver- sary date in 1978. After some discussion the Planning and Zoning Board had recommended approval of this request. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. McLean asked to discuss the subject of the 500KV line that is proposed to be constructed on the East side of the City. He had talked to the neighbors and the general consensus is this line will offer nothing to this City or the residents. They felt this is an alternate route that adds mileage to the line. Mr. McLean presented the following statement. BE IT HEREBY RESOLVED, this City of Lino Lakes does not agree with any proposal to route the 500 Kilowatt Power Line to be built by Minnesota Power and Light Company through the City of Lino Lakes for the following reasons: 1. The deterioration of visual environmental conditions produced by removal of trees and natural environment and replacement with large steel st- ructures will have a negative effect on those living within sight of the lines. April 26, 1976 2. The increase in noise pollution from the freeway resulting from the removal of trees and brush under the lines willhave an adverse impact on those living close to the freeway. 3. Future desirable building areas serviced by paved County roads will be destroyed and the owners will suffer potential loss. 4. Certain of these areas of the City have long been identified for environmental protection whether by the private or public sector and our Ordinances and the coop- eration and good sense of our citizens have accomplished much in this direction. It would be a complete reversal of that indicated concern to accept as industrial use in those locations. 5. The City of Lino Lakes has already providedgreat quanties of land for various projects of Metropolitan and State wide significance with resulting loss of tax base The lands include Highways 135E and 135W plus 2500 acres committed to Anoka County for a park preserve. Mr. McLean asked the Council for comments on his statements. Mr. Zelinka said the route along 135E is a secondary route and regardless of where the line goes it will destroy property. Mr. Zelinka felt the presence of the pro- perty owners at the hearings would be more effective than a Resolution, but it would help. Mr. Zelinka said he is only one of thirty serving on the Board that will make the final decision as to where the line will be constructed. Mr. Scherer asked if it was not necessary for the power company to purchase the land. He was told they condemn the land and then lease. Mr. McLean moved to pass the Resolution. Seconded by Mr. Karth. The motion carried unanimously. The Clerk was instructed to type and mail to the Minnesota Environmental Quality Council at 550 Cedar Street, St. Paul, Minn. 55101 Attn: Mr. George Durfee and Mr. Vanderpoel. Mr. Schneider presented some figures from the cash flow report. He said April will be be closed out and he will present a full report at the first meeting in May. The Park Board had met at Sunrise Park and had gone through Sunrise and Lino Parks. They had inspected the ball diamond being constructed in the South West Corner of Sunrise Park by the ball players from the Blue Heron. Some of the posts are in and some fencing but it is not completed as yet. The Park Board asked for some regular maintenance in the area of the fire extinguish- ers. There should be one for the warming house and the one in the barn needs to be serviced. The Clerk was instructed to take care of this. Mr. Schneider reported that he will meet with Mr. Gessler of the Babe Ruth League to discuss and supervise the moving back of the snow fence at Lino Park. Mr. Schneider referred to the requisition for lime rock for the ball diamonds with the suggestion this be held until the status of the sewer truck is ascertained. The Park Board had also discussed Park signs and perhaps getting some grading done in the LaMotte Park. The Park Board has designated Mr. Gredvig to attend the Anoka Council Advisory Board meetings. He will keep the Board informed as to the plans for the Open Space Program and how it will effect the City's park plans. Mr. Karth asked about the dumping being done on Ware Road. Chief Myhre said he had already contacted the Anoka County Health Dept. on this matter and they have inspected 1 April 26, 1976 the site. This is being dumped by Mr. Ronald Ford and the County will follow it th- rough. Mr. Zelinka reported there had not been a Personnel Commission meeting last week. There is one scheduled for this Friday evening. Mr. Johnson, from the audience, said that a meeting had been scheduled for last Friday evening but there had not been a quorum so the people present had left early. Mr. Zelinka apoligized for his error. He asked the Clerk to notify all members of the scheduled meeting for Friday, April 30, 1976 at 7:30 P.M. Mr. Schneider said that all City employees had received an 8% salary increase with the exception of the Clerk- Treasurer who had received 4% with an additional 4% upon completion of a class in financial reporting. He felt this was in error since there are no classes scheduled until possibly 1977. Mr. Schneider moved to recind the mo- tion setting this requirement. Seconded by Mr. Karth. Motion carried unanimously. Mr. Schneider moved to increase the salary of the Clerk- Treasurer by 8% effective March 15, 1976. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Locher reported on the controversy between the two parties involved with the transfer of the liquor license from the Oasis to the Aragon Ballroom. This matter is still not settled. Mr. Locher had consulted with both Attorneys and felt this matter should be settled between the two parties involved. He had reminded Mr. Cichy that the end of June is a new license year. His advice to fhe City would be to let this matter be settled between the parties involved. Mr. McLean moved to extend the IIItime for resolving the differences to the normal expiration date of the license. Seconded by Mr. Zelinka. Motion carried unanimously. There was an application for transfer of a liquor license from Mr. Henry Rosengren to J. P. Litho dba Lee's of Lino Lakes, The "10 day written notice" is missing from the first page of the insurance, otherwise, all is in order. Mr. McLean moved to approve this application subject to the insertation of the necess- ary clause and completion of sale. Seconded by Mr. Zelinka. Motion carried unanim- ously. Mr. Locher had checked the Flood Insurance information received and all is in order. Under Old Business, Mr. Zelinka asked the status of the house on the corner of Elm and Sunrise. The Clerk said she had no information and Mr. Zelinka asked that she call Mr. Mobley for a report on this structure. Mr. Schneider asked if the Council should not be considering the replacement for the Assessor. Mr. Zelinka said the job description for this position is set by the State. He asked the Clerk to contact the County for any information they might have. Chief Myhre reported the Mr. Richard Wilbur has submitted his resignation from the Police Department effective May 1, 1976. The other part time employees had approa- ched the Chief and want to absorb his hours. Chief Myhre was asked if he felt this could be done and he said, Yes. He has worked out a schedule for the part time per- sonnel that he feel s will work. The Council agreed to try this for one month and see how it works out. Cheif Myhre reported that he has checked every place he can think of and cannot find L..._ a place that produces arm bands. Mayor Bohjanen suggested he contact Mrs.Flannagin on Orance Street. 73 74 April 26, 1976 Mr. McLean moved to approve requisition #669 providing a quote from a different company is obtained, holding #668 until the cash flow catches up, approve #670, hold #671 and approve #672. Seconded by Mr. Karth. Motion carried unanimously. Mr. Karth moved to approve checks #7002 through and including #7033. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Zelinka moved to approve payroll checks #3479 through and including #3504. Sec- onded by Mr. Schneider. Motion carried unanimously. Mr. Zelinka moved to adjourn at 12:00 Midnight. Seconded by Mr. McLean. Aye. These minutes were approved, with correction s on 41 4, /C9///,?; � CLERK - TR SURER 1 1