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HomeMy WebLinkAbout07/06/1994 Council Minutes1 1 LINO LAKES CITY COUNCIL WORK SESSION MINUTES JULY 6, 1994 Council members present: Vern Reinert, Sally Kuether, Andy Neal, Linda Elliott, John Bergeson Council members absent: none Staff members present: Planning Consultant, John Powell; Chief of Police, Dave Pecchia; City Engineer, Darrell Schneider; City Administrator, Randy Schumacher; Accountant Paula Schloer; Acting Recording Secretary, Mary LaForest. SURFACE WATER MANA GEMENT UPDATE Mr. Rocky Keehn reported on the status of the Surface Water Management Plan. The plan has been reviewed by VLAWMO and Rice Creek Watershed District and final modifications will be made and the City will receive the plans by July 15. Mr. Keehn reviewed the schedule for enacting the plan. Kelly Bettendorf will review the ordinances which must be revised at the July 20 work session. The permitting program could be passed by the City Council Sept. 12, and the city could begin permitting by mid-September if it chooses. Mr. Schneider said the City Council has not yet discussed becoming the official LGU. A staff report will explain this process, then the City Council will make the decision whether to be the LGU. Mr. Keehn said other communities have taken over water management, but none within the Rice Creek Watershed District. Mr. Reinert asked what measurable benefits the city would see once the study is completed and becomes the LGU. Mr. Keehn said all cities are required to have a surface water management plan, which will define all watershed areas, offer guidance for capital improvements and a maintenance plan for wetlands and pond development within subdivisions. He said it is purely a management type system. Mr. Schneider suggested a brochure be developed to condense the information for the public. He added that the decision whether to be the LGU will be discussed further at a work session. EASEMENT ISSUES - BRAD BARROTT Brad Barrott addressed the Council regarding sewer line placement to serve Country Lake Estates. The proposed line will run in front of the Barrott property and he is concerned that more than 30 mature trees will be lost, decreasing his property's value. He and John Powell have been discussing the problem to find a way to minimize the impact. 275 27 J Mr. Powell said the key concern was the sewer alignment is five feet inside the County right-of-way, and the city is asking for an easement 10 feet inside the Barrott property, plus a temporary easement to give the contractor room to work. This particular sewer alignment was necessary because of the watermain already in place. Mr. Schneider asked if the temporary easement could be cut back. Mr. Powell said they could try to establish clear limits with the contractors and fence off the area where they could work. Mr. Reinert questioned whether the city could interplant new trees to replace what was taken. Mr. Barrott replied the trees were mature and couldn't be replaced. Mr. Powell said the city was restricted by how much right-of-way the County was willing to give, and rerouting the sewer on the south side of Birch would mean tearing up property that is already graded and landscaped. The south side is also served internally with sewer. Mr. Powell discussed the possibility of boring two tunnels, one from the west side of the Barrott property to the driveway, and another to the east end, and pushing pipes under the trees. This would add approximately $70,000 in costs, based on Reshanau Trunk sewer costs. Mr. Schneider suggested shorter jackings, and said boring might be difficult with the soils on the property. If the soils are good, the alignment could be changed slightly and not affect the watermain. Mr. Powell said he would work for an additional five-foot easement from the County. He added that $40,000 had been included for easement acquisition, and some of this could be shifted to construction costs. Mr. Reinert asked Mr. Powell to attempt to find a compromise with Mr. Barrott. INSURANCE UMBRELLA AND RELATED INSURANCE ISSUES - BOB KELL Y Mr. Kelly reviewed costs to include Volunteer Coverage on the city's policy. This would cover most volunteers not covered under worker's comp. The cost is approximately $1,300/year, which provides disability and death benefits. It will cost $585 to add medical reimbursement. Coverage for volunteers working on construction projects will cost $435 per project with medical reimbursement. Mr. Reinert asked how the policy defined a volunteer. Coaches and instructors, workers at city celebrations and clean-ups, and members of volunteer organizations would be included, but First Responders and police reserves would not. Ms. Schloer added that volunteers must be under the city's direction and control to be covered. Mr. Kelly said the purpose of the policy is to provide insurance where most people don't have coverage. To keep the premium down the quote does not include medical coverage. Ms. Kuether recommended the city get the volunteer coverage plus the additional medical. Mr. Kelly said this policy is no-fault and does not provide for deductible. Mr. Bergeson said having the policy would set limits, so the city is on the record as to what it is responsible for. Mr. Reinert said this should be considered at budget time. Mr. Kelly said the city's renewal date is Aug. 26, but the policy can be prorated and 1 1 1 1 1 can kick in any time. Mr. Reinert said he believed the city should buy the policy now if there is money available. Mr. Schumacher said he would put it on the City Council agenda for consideration. Mr. Kelly also reviewed the optional accident policy for city boardmembers, which costs $12.75/year per person, while worker's comp costs $86.00 per person. Mr. Bergeson said if board members are employees they should be covered under worker's comp. If they are volunteers, even if they receive a stipend, they should be covered under volunteer coverage. Mr. Reinert questioned where EDAAB members would fit because they don't receive a stipend. Mr. Kelly said the matter might need an interpretation. Mr. Schumacher said EDAAB would be covered under the same statute that says the City Council is authorized to establish any board. Mr. Reinert said the Charter Commission would not be covered because it is not under the direction of the city. Mr. Kelly also explained an umbrella policy that would add coverage over the city's current $1.6 million limit. Mr. Reinert questioned the kinds of claims this would cover. Mr. Schumacher said land use regulation was probably the biggest target for lawsuits. Mr. Reinert said the city has protected itself in this area with its long range plan. Council members discussed the amount of coverage necessary, and what exposure does the city face. Mr. Schumacher said he would check with other cities to see what coverage they have and if they have ever needed it. WARE ROAD - PUBLIC SAFETY AND PUBLIC IMPROVEMENTS Police Chief Dave Pecchia reported that he met twice with residents on Ware Road. The first meeting had 17 households attending with concerns ranging from speeding, truck traffic to stop sign enforcement. Chief Pecchia presented a traffic study and reviewed possible options with the residents. He said the Birch Street/Highway 49 intersection meets the standards for a traffic Tight, but is low on the state and county priority list. Mr. Reinert said much of the traffic problem on Ware Road is caused by people bypassing that intersection, and a traffic light should be pursued. Chief Pecchia said residents were urged to contact their representatives. Chief Pecchia also offered residents the opportunity to sit in squad cars to see radar readouts on Ware Road. Overtime traffic enforcement, paid for by ATAC funds, was placed on Ware Road. A radar unit that counts cars, speed and the time of day was used June 10-13. On June 10 1,927 cars were counted, and most were traveling at 41-42 mph. It is unlikely the state would lower the speed limit based on that. Large "Do Not Pass" signs were installed and 200 letters were sent out to contractors asking them to tell their subs to take a different route. Chief Pecchia met again with residents June 14 and reviewed the issues. More speed signs were ordered and a bike rodeo was planned for Ware Road. Mr. Schumacher said there are several different issues among residents, and Chief Pecchia had addressed the safety concerns. Others are still concerned about the city's plans for 27 2; the road. Neighborhood meetings may be the next step to discuss the feasibility of utilities. Mr. Reinert said Ware Road was important to the south end of the city, but it is unlikely a consensus can be reached regarding utilities. He commended Chief Pecchia for his work on the safety issues. He recommended safety measures be implemented, then wait for a resident group to organize for road improvements. He suggested an ordinance be drafted for a signal at Birch Street/Highway 49 and help be sought from local representatives. Mr. Schumacher said he would direct Mr. Schneider to pursue the procedures that might hasten traffic light installation. REPORT ON COMMUNITY SERVICE OFFICER'S SUMMER ACTIVITIES Chief Pecchia said the police department is changing its ordinance to allow the CSO to issue tags, and to expand the police reserve to patrol parks and pathways and issue tags. Mr. Reinert wondered if reserve officers had enough training to issue tags. Chief Pecchia said the reserves are an opportunity for citizens to get involved and training is given. One police vehicle will be dedicated to reserves next year and will be clearly marked as separate from the squad cars. The goal is to eventually have 20-25 reserves as the budget allows. PROPOSED CHANGES TO CURFEW ORDINANCE Chief Pecchia explained the current curfew is 9:30 p.m. for those under age 16. The proposed change is to 10 p.m. weekdays and 11 p.m. weekends for those under 15; 11 p.m. weekdays and midnight on weekends for ages 15-18. PROPOSED SNOWMOBILE ORDINANCE Chief Pecchia said an ordinance was developed to be a compromise between a ban of snowmobiles and being able to drive anywhere in the city. The proposed ordinance would allow snowmobiles to use roads to get to trails, with a 15 mph speed limit on roads. The local snowmobile clubs have been asked for their input and to help enforce the ordinance. Chief Pecchia also notified the City Council that National Night Out will be held Aug. 2, and residents are encouraged to leave their outside lights on from 7-10 p.m. as part of the national safety awareness program. Officers will also visit Neighborhood Watch groups that evening. MACDOUGAL UPDATE Mr. Powell said he had met with the MacDougals and the developer over drainage issues. TKDA will prepare surveys and elevations, and the developer's engineer will design the solution. The developer agreed to make corrections based on his engineer's recommendation and to remove a tree that is dying because of poor drainage. Mr. Reinert questioned why it took so long for the developer to react to the problem and how this could be avoided in the future. Mr. Powell said the withholding of building 1 1 1 1 1 permits was effective. Ms. Elliott said the city should develop a reputation for being willing to withhold permits until development problems are resolved. Mr. Powell said he believed the problem will be corrected for the MacDougals in August. SET WAYS AND MEANS MEETING Mr. Schumacher suggested a Ways and Means Committee meeting be held before a City Council meeting to look at the facility study and incentive program. Members agreed and Mr. Schumacher said he would bring a date to the City Council meeting for approval. ODD/EVEN WATERING BAN Mr. Schumacher informed the Council that the water tank had run dangerously low the first week of July due to heavy usage. The city planned for 300 gallons per resident per day, but closer to 400 gallons are being used in the summer months. While that means additional profit for the utility, heavy water usage is not the philosophy the city wants to follow. The odd/even ban makes residents more responsible for water usage. If a resident is found not following the odd/even schedule, the sprinkler will be shut off and information will be left at the door. Mr. Reinert said this was the first occurrence of low water since the new tower was built, and it was a lesson learned. CLOSING OF MAIN STREET FOR CONSTRUCTION Main Street will be closed for construction from 4th Avenue to Lexington through November. It will be opened for the winter even though road work will not be complete. A resident suggested a temporary stop sign be installed at Sunset and 109th, since visibility is so poor. DOMESTIC ABUSE POLICY Mr. Schumacher informed Council members that as part of a state mandate to develop consistency among municipalities, Chief Pecchia has incorporated a domestic abuse policy into the police procedures manual. It defines abuse and deals with prosecutions issues. REVIEW OF COUNCIL MEETING AGENDA A report by Sally Kuether on the Bald Eagle Lake Homeowners Association meeting will be added to the Council agenda. An ordinance will be introduced at the Council meeting allowing the city to sell property in the Apollo Business Park. The intent of the charter requirement needs to be considered, since it involves a delay in the sale of property in the park. Mr. Schumacher said he and Brian Wessel will meet with the Charter Commission to 279 - 2WJ review these issues. OTHER ISSUES Mr. Bergeson said he was concerned that issues such as the curfew and snowmobile ordinances were out in the community before the City Council reviewed them. Mr. Schumacher said he told Chief Pecchia the Council needed to be aware of this kind of information before they were disseminated to the public. Meeting adjourned, 7:50 p.m. These minutes were considered, corrected and approved at the regular meeting of the City Council on July 25, 1994. Mary LaForest Vernon F. Reinert, Recording Secretary Mayor 1