HomeMy WebLinkAbout04/21/1993 Council Minutes1
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COUNCIL WORK SESSION
CITY OF LINO LAKES
COUNCIL MINUTES
APRIL 21, 1993
DATE April
TIME STARTER ..:. 5:;00
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TIME... ENDED....;:>::::::'`: 7:.::15
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MEMBERS PRESENT• Rede
MEMBERS ;ABSENT ;. :None
City Engineer, Darrell Schneider; City Attorney, Bill Hawkins;
Public Works Director, Don Volk; City Administrator, Randy
Schumacher and Clerk -Treasurer Marilyn Anderson were also
present.
Proposed April 26, 1993 City Council Agenda Item; Consideration
of Settlement/Agreement for Legal Action Pending Relative to the
1991 Brandywood Estates Improvement Project
Mr. Hawkins presented a brief background on this matter. The
City of Lino Lakes has retained $30,000.00 of the contract for
the improvements made by Arcon Construction in Brandywood
Estates. The retainage was in part due to improvements not being
completed as required by the contract and because of warranty
consideration. The construction exceeded the amount of
assessment and this was due in part to engineering costs
exceeding original estimates.
Short -Elliott -Hendrickson (SEH) has agreed to fund $10,000.00 of
the $30,000.00 balance. The City has sufficient funds to cover
the balance of the contract. Mr. Hawkins will be recommending
that the City pay the balance of the contract, $30,000.00.
Mr. Hawkins explained that there still is outstanding litigation
with Arcon Construction regarding the Reshanau Lake Trunk Sewer
construction. Arcon Construction has filed a large claim for
damages due to the unusual amount of rainfall. They are also
claiming that the City did not provide sufficient data regarding
water conditions on the project site. If Arcon Construction is
successful with the litigation, a significant impact will be felt
statewide since weather conditions have never been considerations
in such matters before this litigation.
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COUNCIL WORK SESSION APRIL 21, 1993
Mr. Hawkins will write a letter to Don Lund, SEH requesting
payment of the $10,000.00.
Outlot A & B Homeowner's Association
Mr. Hawkins has prepared a letter dated April 12, 1993 which
contains a brief legal analysis of the City position regarding
the use of the above mentioned outlots. Mr. Schumacher read the
letter. A copy of the letter has been sent to all Council
members.
Mr. Schumacher has prepared a draft letter in response to Mr.
Hawkins letter. The draft letter was read. Mayor Reinert asked
if the City should require the outlots to be restored to their
original condition. Mr. Hawkins said that a letter should be
sent asking the Homeowner's Association to comply with City
ordinances within a specific time period. Mr. Schumacher
explained that normally when there is a violation a "red tag" is
placed on the property and the property owner is given one (1)
week to 10 days to remove the violation. Mr. Hawkins said that
the Homeowner's Association should apply for proper permits or
make corrections within a stated period of time.
Mr. Hawkins was asked if the Homeowner's Association could use
the outlots and boat ramp during the period given to remove the
violation. He explained that this would be a violation of City
Code and the City could get a temporary court injunction.
Mayor Reinert noted that road weight restrictions were violated
when the concrete planks were delivered to the property.
There was discussion regarding what the time period should be for
removing the violation. Council Member Bergeson noted that this
is different because more than one (1) individual owns the
property and a Homeowner's Association meeting must be held to
decide whether or not to get permits. Mayor Reinert noted that
since the Homeowner's Association constructed the boat launch
without proper permits from the City, they should be required to
restore the property to the original condition before permits are
granted. Mr. Hawkins explained that if a court injunction is
granted, the court will probably require the removal of the boat,
ramp until a final decision is made on the matter.
Council Member Neal asked if the Homeowner's Association could be
required to post a bond. Mr. Hawkins said not in this case.
There was additional discussion regarding possible court action.
Council Member Bergeson felt that the City was not to this point
but only dealing with an ordinance violation.
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COUNCIL WORK SESSION APRIL 21, 1993
Mayor Reinert noted that he has received a threatening telephone
call on this matter. He explained that if this continues he will
have his telephone monitored.
Council Member Elliott noted the April 26, 1993 City Council
Agenda item No. 3H, SECOND READING, Ordinance No. 93 - 04
Amending the Lino Lakes Zoning Ordinance by Repealing Public and
Semi -Public Uses from Various Zoning Districts Within the City
and asked if this item should be delayed until after the proposed
mediation. Mr. Schumacher felt that this item should be included
on the agenda.
Mayor Reinert explained that letters have been mailed to all the
members of the Reshanau Lake Estates Homeowner's Association
regarding a proposal for mediation on this matter and a proposed
meeting with Anoka County Mediation Services to outline how the
matter should be pursued. A letter will also be mailed to all
the other homeowner's around the lake proposing a separate
meeting with Anoka County Mediation Services. The City will not
be participating in this process.
Council Member Kuether asked if the City Council does pass the
Second Reading of Ordinance No. 93 - 04, would the outlots become
more non -complying. Mr. Hawkins said no, the proposed ordinance
just clarifies present ordinances and puts all this type of
facilities in one (1) common district. Mr. Volk noted that
passage of the proposed ordinance would make it necessary to
rezone many properties where city facilities are already located.
Mr. Schumacher will update the City Council on this matter at the
next work session.
Park Foundation Funding
Council Member Bergeson asked that two (2) thank you letters on
behalf of the City be sent of Mrs. Jackie Farm and the law firm
that donated the legal work incorporating the Friends of the Lino
Lakes Park Foundation (Foundation). He asked that the letters be
read in public.
The Foundation will need approximately $1,000.00 to complete the
incorporation and create and distribute information regarding the
Foundation. The money is needed for corporation filing fees,
preparation and distribution of brochures and other incidental
costs.
Mayor Reinert asked that this matter be placed on the April 26,
1993 Council agenda. He also asked that Mr. Schumacher prepare a
recommendation for funding this request.
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COUNCIL WORK SESSION APRIL 21, 1993
Petition for a 3 -Way Stop Sign in Reshanau Lakes Estates South.
Mr. Volk has received a petition from some residents in the above
named subdivision to erect a stop sign at the intersection of
Deerwood Lane and Muskrat Run. There are several small children
in the area and parents are concerned about the safety of the
children as they play. Traffic going south on Deerwood Lane may
be going faster than the speed limit. Mr. Volk has prepared a
letter to the petitioners and is recommending that the sign not
be posted. He indicated that the petitioners should be given the
logic of traffic control and told that children should be kept
off of the street.
Council Member Kuether asked why the residents want the stop sign
erected. Mr. Volk explained that the residents have indicated
that child safety is their primary concern. However, traffic
signs provide a false sense of safety and do not cure traffic
problems. Persons driving on Deerwood Lane would be given a
false sense that persons traveling on Muskrat Run would stop when
in reality, they would probably just make a "rolling" stop. In
addition stop signs do not keep people from speeding. Council
Member Kuether asked if the street is posted 30 MPH. Mr. Volk
said no however, even if it is posted the residents along the
street probably will exceed the speed limit. Mr. Volk also said
he did not condone "children at play" signs. They also give the
neighborhood a false sense of security. In addition, the street
is not a playground and parents should teach their children to
stay off of the street.
Mayor Reinert noted that if stop signs were posted everywhere
there was a request, the cost would become a major concern and
some citizens would become very irritated because they are
posted.
Mr. Volk explained that he has been in contact with the residents
and they still want to pursue the stop sign. He asked the City
Council to give him direction in this matter. The City Council
consensus was to support Mr. Volk's decision to not post the stop
sign.
Reshanau Lake Estates South, Cul -de -Sac
Mr. Uhde has brought to Mr. Volk's attention that he is marketing
his remaining development (4th and 4th Additions) with center
islands in the cul-de-sacs with plantings. The previous Reshanau
Lake Estates South developments do have these center islands.
This matter was discussed at a PMZ meeting and all staff members
feel very strongly that all new subdivisions should follow the
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COUNCIL WORK SESSION APRIL 21, 1993
current street standards which states that there shall be no
center islands in cul-de-sacs. Mr. Volk told the Council that
center islands with plantings are a safety concern. Plantings
create blind spots. In addition center islands create
maintenance problems especially with snow plowing.
Council Member Kuether noted that plantings in center islands
look nice and wondered if lower plantings would solve the
problem. Mr. Schumacher also explained that Mr. Uhde has told
him that the new residents will not be happy because staff has
changed criteria for cul-de-sacs.
Council Member Bergeson said that if the staff feels strongly
about this issue, it should be made part of the City Code.
Mr. Volk explained that Mr. Uhde is asking for three (3) more
cul-de-sacs with center island planting. Mr. Schneider noted
that Mr. Uhde made the cul-de-sacs smaller in the 4th and 5th
Additions and both were approved without center islands. Mr.
Uhde was aware of this situation and presented the final plat
knowing that the cul-de-sacs would be different in these two (2)
additions. The policy change for cul-de-sacs occurred two (2)
years ago and Mr. Uhde was aware of the change.
Council Member Bergeson asked why these things are part of the
design standards rather than formally written in an ordinance?
Mr. Schneider explained that flexibility is the concern. There
may be instances when it is not reasonable to follow the design
standards. If this were written in an ordinance, a variance
would be required and they are difficult to justify.
Mr. Schumacher noted that Mr. Uhde will be informed that the City
Council concurred with the staff recommendation.
Redevelopment of Ross' Corner
Mr. Schumacher explained that Ron Batty had indicated that a
section of the state statutes could cause a problem for the
redevelopment of Ross's Corner. The concern is that a new
redevelopment district must be in place before the buildings are
razed. Mr. Schumacher suggested that the City enter into an
agreement with Anoka County through the Economic Development
Authority whereby the County would raze the buildings after the
new TIF district is in place. The City would then have three (3)
years to actually develop the parcel. Mr. Schumacher has talked
to both Mr. Ross and the County and this proposal appears to be
agreeable with both parties. Mr. Schumacher recommended that Mr.
Batty come before the City Council and then he be given the
authorization to put together a redevelopment TIF district. An
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agreement with Mr. Ross is needed prior to any further action on
this matter. The agreement would outline when the buildings are
to be razed and would establish a financial commitment from Mr.
Ross in the amount of $1,000.00.
Mr. Schumacher will contact Mr. Ross and Anoka County regarding
this matter.
Tom Jackson, Status Report
Mr. Schumacher explained that Mr. Jackson is acting in the
capacity of part time building inspector. He is in the process
of finalizing his certification as a building inspector and will
soon be looking for full time employment. Now that Mr. Jackson
is fully trained at this City and there is a great need for a
part time building inspector, Mr. Schumacher suggested that the
City Council consider offering Mr. Jackson a full time position
without benefits for a two (2) year period. Mr. Jackson would
work part time as a building inspector and then work part time in
the Public Works Department. This suggestion will eliminate the
need for additional part time seasonal help in the Public Works
Department. Mr. Jackson will work in the area of Gopher One Call
locates as well as other areas.
Council Member Bergeson questioned what Mr. Jackson would do in
the fall when the Public Works Department work decreases. Mr.
Schneider suggested that Mr. Jackson could work part time in the
Engineering Department doing some of the work that is current
given to consultants.
Mr. Schumacher explained that he is negotiating with the City of
North Oaks regarding contracting their building inspections work
with this City. He expected to complete this matter within the
next couple of weeks. Mr. Jackson would be used to assist the
Building Inspector in this area.
Mr. Schumacher was requested to put a plan together to hire Mr.
Jackson on a full time basis without benefits.
Mr. John Landers, Planning and Zoning Board Member noted that the
City of Hugo would like to meet with the City of Lino Lakes
regarding 24th Avenue. Mayor Reinert said he has been in contact
with the City Administrator in Hugo and he has requested that Ms.
Wyland set a meeting date with the Hugo elected officials.
Mr. Landers noted that the City is not following the most recent
legislation regarding preparing the parking lot correctly for
handicapped parking. He noted that this is an important issue
and the City should be more involved with handicapped issues.
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Mr. Volk explained that Mr. Landers is referring to the July,
1992 Disabilities Act passed by Congress. The parking portion of
this legislation is now law. Mr. Schumacher noted that the
program outlined by the legislation allows the City to get the
program active over a period of time. He has requested
additional information on this issue.
Mayor Reinert felt that handicapped issues should be addressed
when new developments are received by the City. He noted that
two (2) new developments (Living Waters Church/Laborer's Training
Facility) have recently been reviewed by the Planning and Zoning
Board and should be required to adhere to the new legislation.
Mr. Landers will bring some material on this legislation to City
Hall for review by staff.
Ways and Means Committee Recommendation
Mr. Schumacher handed the Council Members a proposal for non-
union support staff salary adjustments and a re -organizational
schedule. He noted that the Ways and Means Committee had met and
prepared the proposal and recommended that it be adopted. Mr.
Schumacher noted that there are not significant adjustments and
no salary ranges have been adjusted in the Comparable Worth Plan.
Pay equity is included.
Mr. Schumacher explained that the Ways and Means Committee used
the Metro Salary Survey as a basis for comparison in determining
salary adjustments. The Receptionist, Planning Coordinator,
Systems II Coordinator and the Assistant to the City
Administrator were adjusted because of change in
responsibilities. Council Member Kuether explained that the City
Council had entrusted the responsibility for salary adjustments
to the Ways and Means Committee and felt that the Council should
endorse their recommendation or dismiss the Committee.
Mr. Schumacher explained that he completed an Elected Officials
evaluation. The evaluation indicates that the Mayor's position
is about $900.00 below average and the Council positions are
about $1,100.00 below average. Council Member Kuether felt that
if the Mayor and Council salaries are to be adjusted, a cost of
living clause should be added so that the issue does not have to
continually be addressed.
This matter will be discussed in the fall during the 1994 budget
preparation. Council Member Bergeson said this would also be an
appropriate time to discuss board stipends.
Council Member Bergeson explained that Mr. Tesch performed the
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reviews for the support staff and Mr. Schumacher performed the
review for the Assistant to the Administrator. He suggested that
a formal policy be developed to review the City Administrator so
that he gets the same type of "feedback" as other employees do.
Council Member Neal suggested hiring a union negotiator to deal
with the two (2) union contracts. He felt that the Administrator
has too many other items to deal with and does not have the time
to devote to this issue. Council Member Bergeson felt another
reason to consider this proposal is to remove the process from
the people who have to work with each other. Mr. Schumacher
explained that this could get expensive and suggested that the
City Council not take action until after he gets into the
negotiations with the Teamsters to see where the matter will go.
Council Bergeson asked about the time line regarding the new
supervisors union. Mr. Schumacher explained about two (2)
months. Council Member Bergeson noted that once this union is in
place there will be more negotiating. This will take a "chunk"
of the City Administrators time. Mr. Schumacher will keep the
Ways and Means Committee updated on this matter.
Council Member Bergeson explained that the Ways and Means
Committee recommendation regarding salary adjustments for non-
union support staff will be for cost of living increases and
change of duties increases. There will be no merit adjustments.
Council Member Elliott noted that all employee reviews were
positive.
Council Member Kuether asked about morale. Mr. Schumacher
explained that it was better because there is more space and
there has been an allowance for more input. Council Member
Kuether asked how flex time was working. Mr. Schumacher
explained.
Regular Council Meeting Agenda, April 26, 1993
The agenda was discussed and adjustments were made. Mr.
Schumacher noted that there will be two (2) persons appearing
under Open Mike to address the District Memorial
Hospital/Ambulance Service situation.
Council Member Neal noted that there will be an open house at the
new Centerville City Hall/Fire Station on Sunday. He also noted
that there will be an informational meeting on Saturday at City
Hall regarding the proposed senior housing project next to St.
Joseph Catholic Church. Council Member Kuether asked that
Council Member Neal give the City Council on update on the senior
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APRIL 21, 1993
housing proposal at the next City Council meeting.
The work session was adjourned at 7:15 P.M.
These minutes were considered, corrected and approved at a
regular meeting of the Lino Lakes City Council on June 14, 1993.
ily G. Anderson,
Cl k -Treasurer
Vernon F. Reinert,
Mayor
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