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HomeMy WebLinkAbout03/03/1993 Council Minutes1 1 1 COUNCIL WORK SESSION CITY OF LINO LAKES COUNCIL MINUTES MARCH 3, 1993 DATE <, Mash 3, 1993 TIMESTARTED5:00 P M TIME.ENDED 7 15 P: M. MEMBERS PRESENT: Reinert, Neal, `Ell ott, Bergeson MEMBERS ABSENT : Kuether Staff members present: City Engineer, Darrell Schneider; Public Works Director, Don Volk; Cable T V Operator, Brian Roeller; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. CABLE T V PROGRAMMING OPTIONS Mr. Roeller noted that during the State of the City Address, Mayor Reinert stated that he wanted the government Cable T V channel used more. Mr. Roeller said he has contacted the City of Coon Rapids and there are many ways to use the channel. Mr. Schumacher noted that the City of Coon Rapids has a Cable T V budget of $96,000.00 and they also have two (2) full time staff people. He suggested that Mr. Roeller contact the new audio visual program at Centennial High School and see what is available from that source. Mayor Reinert suggested contacting the area technical schools to determine of any assistance could be obtained from them. Mayor Reinert said it was his opinion that Lino Lakes does not use the government Cable T V channel enough. He noted announcements, programs regarding seasonal activities and other uses that could be initiated. Mr. Schumacher will have Mr. Roeller work with the employees and determine if there are any technical persons available to assist the City. He will update the City Council with specific ideas. DISCUSSION OF PART-TIME SEASONAL EMPLOYEES Some City Council members have received questions from the public regarding the policy used to hire part-time seasonal employees. PAGE 1 58 COUNCIL WORK SESSION MARCH 3, 1993 Some residents have told the City Council that their teenage children have been unable to get part-time positions working for the City because only children of employees are hired. The City Council asked for a list of part-time positions and a list of who has been filling these positions. They also asked what policy is used to employ people in the part-time positions. Mr. Volk presented a list of the part-time employees to the City Council. The list contained 53 names. Four (4) of the part-time employees are related to full-time employees. Twenty eight employees are Lino Lakes residents. Three (3) other part-time employees are from the same family but not related to any full- time employee. Mr. Volk explained that all open positions are advertised and all applicants are interviewed. If an employees relative is considered, they probably are screened more harshly than a non - relative. There are part-time positions that require professional/semi-professional employees. Usually, not many applications are received. Sometimes persons must be recruited to fill these positions. If a part-time employee indicates that they wish to be rehired the following season and they have a good work record, they are rehired. However, this may happen only two (2) or three (3) times and then the person graduates from high school or college and finds a full-time position. There are many advantages to rehiring a former part-time employee. They are- already trained and the supervisor is familiar with their work patterns. Mr. Volk noted that persons hired on a part-time basis in the Public Works Department require extensive training which may take as long as three (3) days. These persons are usually retired experienced truck drivers or equipment operators. In addition, they are not union affiliated and are willing to work at the current wage scale. Council Member Bergeson asked if a part-time employee has special experience or qualifications, does he have to re -apply each year. Mr. Volk explained that only vacant positions are advertised. If the person agrees to return, that position is not considered vacant. Council Member Bergeson felt that a position should be advertised even though the supervisor has a good idea that a former employee will return. This gives everybody an equal opportunity. ALLEN TASCHUK LETTER Mr. Taschuk is having a home constructed for him by Advanced Homes in Lino Lakes. He has written a letter to the State PAGE 2 1 1 COUNCIL WORK SESSION MARCH 3, 1993 Building Standards division complaining about the contractor and the Lino Lakes Building Inspector, Pete Kluegel. Mr. Taschuk has outlined some concerns that were not observed by Mr. Kluegel and has had the job shut down until his concerns are considered. Advanced Homes has constructed three (3) homes in Lino Lakes and there have been major problems on all three (3). The matter has been discussed with the City Attorney who has recommended that the City talk to the State Building Standards division and request that the state license for this contractor be revoked. Mr. Schumacher has discussed this matter with Mr. Kluegel, his assistant Mr. Tom Jackson and Mr. Taschuk. Mr. Taschuk has a feud going with the builder and has requested numerous inspections. However, only the person who actually obtained the building permit can request inspections. It was noted that this is not an unusual problem. Mr. Schumacher will continue to work with the State Building Standards division and with the City Code to resolve this matter. MASONIC vs CITY OF LINO LAKES UPDATE Legal proceedings were initiated by a homeowner who had a fireplace installed in his home. The installer did not install the top part of the chimney flu and as a result, when the homeowner started a fire in the fireplace, an extensive fire began. The homeowner has sued and was awarded a $200,000.00 settlement. The City was included in the lawsuit and insurance covered the Lino Lakes liability of $12,000.00. The City appealed the settlement and won. Therefore, the only costs involved for the City will be legal costs and this will be covered by insurance. POLICE LOBBYING LETTER It has come to the attention of the City Administrator, that letters of support and petitions have been drafted for persons who would like to be the next Lino Lakes Chief of Police. Mr. Schumacher has drafted a letter to the Police Department reminding the Police Officers of the City Council decision when former Chief Campbell resigned in December, 1992. Mr. Schumacher read the draft letter to the City Council. It was noted that the best way to lobby is to do the best possible job in their current positions. PORNOGRAPHY ORDINANCE UPDATE PAGE 3 60 COUNCIL WORK SESSION MARCH 3, 1993 Mr. Schumacher reminded the City Council that a moratorium ordinance was initiated in the spring of 1992. A draft ordinance regulating adult material and adult entertainment is scheduled for review by the Planning and Zoning Board. The draft ordinance has been discussed at a PM2 meeting. A public hearing on the draft ordinance will be scheduled for a Planning and Zoning Board meeting. The City Council will be given a copy of the draft ordinance and updated regarding the public hearing date. City Attorney, Bill Hawkins will attend the public hearing. SEPTIC PUMPING PERMIT INCREASE FROM $2.00 TO $5.00 Mr. Schumacher explained that a mailing which includes a septic tank inspection form with directions for completion of the inspection is mailed to all residents on septic systems bi- annually. The inspection form and directions have been updated and are ready to be printed. The cost of material and.labor for the mailing cannot not be recuperated unless the fee is raised. This matter will be placed on the March 8, 1993 City Council agenda for their consideration. LIQUOR LICENSE SURVEY Mrs. Anderson has prepared a survey of liquor license fees for many metropolitan municipalities. This survey shows that the liquor license fees charged by the City of Lino Lakes is in the bottom third of the survey. This indicates that the City Council could consider raising the liquor license fees. Mrs. Anderson also indicated that many municipalities are basing on -sale liquor license fees on square footage or the type of business requesting the license. The City of Lino Lakes is restricted to six (6) on - sale liquor licenses based on the 1990 federal census. Mrs. Anderson explained that off -sale liquor license fees are based on population. At this time the City could raise the off - sale fee from $100.00 to $150.00. An ordinance amendment is required for this action. The City Council will be receiving a request from two (2) of the off -sale liquor license holders to amend the off -sale liquor ordinance to restrict the number of off -sale licenses that can be issued by the City and also to limit the locations of the off - sale liquor stores. Their requests will probably be submitted to the City Council at the March 8, 1993 City Council meeting. Mrs. Anderson asked the City Council to review all of the material that she has prepared. She will propose a revision to both the off -sale and on -sale liquor license portion of the City PAGE 4 1 1 1 1 1 1 COUNCIL WORK SESSION MARCH 3, 1993 Code and bring this proposal to the next City Council work session. STATUS REPORT - OTTER CREEK ESTATES PROPOSAL Mr. Schneider explained that a sketch plat has been received by the Planning Department for an area east of I35E and south of Cedar Street. The property owners are concerned that they may get further down the platting process and incur a large expense and then the City Council would refuse to rezone the property or for some other reason not approve the plat. Mr. Schneider explained that currently there are no municipal utility services available to the area. City water and sewer would be required and municipal water wells and a lift station would have to be constructed. In addition there are concerns regarding soil conditions and the topography of the land. At this time, not much attention has been given to this plat because there is no way to recover the cost of staff time. However, many cautions have been given to the developer. The developer has been told that it is the policy of the City to require the developer to prove that the plat will not place undo stress on municipal services. The developer is in the process of putting a package together for presentation to the Planning and Zoning Board. The package must include the fulfillment of the Growth Policy and must delineate wetlands. STATUS OF EARLY WETLAND DELINEATION IN PLATTING PROCESS Mr. Schneider explained that a requirement that a developer delineate wetlands will be added to the City code. This process requires that a recognized expert in this field prepare the wetlands delineation. The City is encouraging developers to use the ACORP experts. There are also private companies providing this service. Council Member Bergeson asked if the rezoning portion of a plat is in the proper part of the subdivision process? Mr. Schneider explained that he does encourage the developer to apply for the rezone at the same time that he applies for the subdivision or plat. Mr. Schumacher explained that he feels that the rezone process is properly placed because the City would not want a parcel rezoned and then have the subdivision denied. Council Member Bergeson explained that the Otter Creek Estates proposal has the potential for problems. Mr. Schneider noted that he has encouraged the developer to apply for rezoning as part of the preliminary plat process. 62 COUNCIL WORK SESSION MARCH 3, 1993 CONSULTING ENGINEERING CONTRACTS Mr. Schneider has prepared individual contracts for SEH and TKDA. The contracts are budget based. Each time a consulting engineer is required, that consulting engineer must prepare a proposal for the project which indicates what he will do and what he will charge. This will help the developer to see how the actual costs compare to the budget costs. The contracts were prepared with the help of the City Attorney and each contract is unique. The new contracts should help control costs. Mayor Reinert noted that he and Mr. Schumacher met with a representative from SEH. He felt the meeting was helpful in getting SEH to understand their relationship to the City and with developers. Mayor Reinert also noted that the new contracts may help to determine when additional engineering staff should be hired by the City. There was discussion regarding additional staff. Where would this person be located? What particular abilities should this person possess? Could the cost of this person be recovered and could this person make money for the City? There was discussion regarding bidding for consultant services. Mayor Reinert said he felt that refining the relationship with the present consultants was better than starting all over with new consultants. He noted that there may be some loyalty from the current consultants. MARTHA SLATER - ON-SITE SEPTIC SYSTEM Mr. Schneider said he would like to know where the City Council wishes to go with this matter. The City Attorney feels that this is a private matter between Mrs. Slater and the person who sold her the property. It has been determined that Mrs. Slater went to mediation with the seller and won a $3,800.00 award for correction of the septic system. The septic system has not been corrected. Mrs. Slater has met with staff at city hall and has also made contact with Mrs. Racutt. Mrs. Slater is contending that the Building Inspector allowed an improper system to be installed on her property. It appears that Mrs. Slater purchased a house and she acted as her own realtor. She did get compensation for the septic system. This matter is a private matter and the City should not get further involved. This matter will not be placed on the agenda. PAGE 6 1 1 1 1 1 COUNCIL WORK SESSION MARCH 3, 1993 THOMAS YEE - DRIVEWAY EASEMENT A public hearing on this matter was held during the February 22, 1993 City Council meeting. The easement will be vacated on June 1, 1993 after the new driveway is completed. Mr. Yee, the current landowner is questioning who will be responsible for removing the old driveway and restoring the sod. The City Attorney has said that the City is vacating the easement and the underlying landowner is benefitting from the vacation of the easement. It is his responsibility to restore the sod. The City does not have to vacate the easement but is doing so to make the lot marketable. The City's position is that if the City is willing to vacate the easement for the landowner's benefit, he should regrade the easement and restore the sod. Mr. Yee will be informed about the position of the City Council on this matter. OAK BROOK PENINSULA UPDATE The plat is now signed and closing on the property is Monday, March 8, 1993. There is a list of requirements including financial requirements that must be met before the signed plat is given to the developer. Ms. Wyland, Planning Coordinator will take the plat to the closing and make sure that all requirements are met prior to giving the plat to the developer. The bridge plans have been received and are being reviewed. Included with the plans is a sequence of how the bridge will be constructed. Council Member Elliott will update the Otter Lake Drive residents on this matter. Council Member Elliott questioned the blockage of the channel during the construction period. Mr. Schneider will be reviewing this information and will update Council Member Elliott. IMPROVED STREET ORDINANCE Mr. Schneider explained that an emergency ordinance is being drafted that will require that an improved street be constructed prior to the issuance of a building permit. This ordinance will amend the Zoning Ordinance, Section 4, Subdivision 5, Lot Provisions. The emergency ordinance is on the agenda for next Monday's Council meeting. AGENDA Item No. 3 - Consideration of Applying for a Shoreland Grant - The State of Minnesota is requiring that all municipalities pass PAGE 7 63 64 COUNCIL WORK SESSION MARCH 3, 1993 a shoreland management ordinance consistent with statewide standards. The Department of Natural Resources has set aside $5,000.00 for the City of Lino Lakes to use for the adoption of this ordinance. A shoreland grant application must be completed to be assured that the money will be reserved for Lino Lakes. UPDATE - RAY JOHNSON, PARK BOARD Mayor Reinert asked if Mr. Ray Johnson had been notified of the Council action taken at the February 22, 1993 City Council meeting. A copy of the resolution will be sent to Mr. Johnson. Council Member Neal noted that he will not be attending the March 8, 1993 City Council meeting. The meeting adjourned at 7:15 P.M. These minutes were considered, corrected and approved at a regular meeting of the City Council of March 22, 1993. Marilyrii G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 8