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HomeMy WebLinkAbout04/21/1993 Council Minutes1 1 1 COUNCIL WORK SESSION CITY OF LINO LAKES COUNCIL MINUTES APRIL 21, 1993 DATE April TIME STARTER ..:. 5:;00 ................................................................................... .................................................................................... TIME... ENDED....;:>::::::'`: 7:.::15 .................................................................................... 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. PAGE 1 1 1 1 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. PAGE 2 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. PAGE 3 1 1 1 1 1 1 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 PAGE 4 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 PAGE 5 1 1 1 1 1 COUNCIL WORK SESSION APRIL 21, 1993 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. PAGE 6 COUNCIL WORK SESSION APRIL 21, 1993 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 PAGE 7 1 1 1 1 1 1 COUNCIL WORK SESSION APRIL 21, 1993 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 PAGE 8 COUNCIL WORK SESSION 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 PAGE 9 1