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HomeMy WebLinkAbout07/08/1998 Council Minutes• • CITY COUNCIL WORK SESSION JULY 8,1998 CITY OF LINO LAKES WORK SESSION MINUTES DATE July 8, 1998 TIME STARTED 5:31 p.m. TIME ENDED 11:20 p.m. MEMBERS PRESENT Bergeson, Dahl, Lyden, Neal, Sullivan MEMBERS ABSENT Council Member Lyden was excused at 9:00 p.m. Staff members present: Chief of Police/Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Assistant to the City Administrator, Dan Tesch; Environmental Coordinator/Forester, Marty Asleson; Parks and Recreation Director, Rick DeGardner; Building Official, Peter Kluegel; Building Inspector, Tom Jackson; Finance Director, Mary Vaske and Clerk -Treasurer Marilyn Anderson. Kim opened the meeting and announced that the City Council would adjourn to a closed session to consider an investigative report from George Hoff, an update on the George Reiling litigation and review the City Administrator selection process. The City Council reconvened at 8:08 p.m. VFW SEWER AND WATER ISSUE, ANDY NEAL Andy Neal explained that last fall the City Engineer presented a proposal to extend sewer and water utility services up Lake Drive from the extended Apollo Drive to the Lino Lakes Elementary School on Main Street. The plan was to extend services to the school during 1998. Anticipating utility service in 1998, the VFW at 7868 Lake Drive started the process to build a new facility at their present location and connect to the utility services. Now, the City Engineer has changed his proposal. The current proposal is to extend the utility services across Lake Drive from Apollo Drive and up Lake Drive to the police station in 1998. The remainder of Lake Drive will not receive services until 1999. Andy explained that this change in plans has forced the VFW to reconsider their building project. He explained that the VFW has been a valued community resident and has donated many dollars and services to the City throughout the years. Andy said he felt it was time for the City to recognize their contributions and do whatever possible to provide the VFW with utility services during 1998 so that they do not have to revise their building plans. Dave presented the background on this project and noted that because of delays due to unexpected design complications, Anoka County Highway Department requirements, a pollution problem at the Simonson's Garage, and easement acquisitions concerns, there PAGE 1 CITY COUNCIL WORK SESSION JULY 8,1998 will not be enough time during the 1998 construction season to complete the work that had been anticipated in 1997. Kim asked Mr. Lyle Carpenter, Commander of the VFW, how the change in construction plans impacts the VFW building plans. Mr. Carpenter explained that the VFW does not understand why the construction of the services has to stop at the police station when the VFW is only a short distance further. He felt it would be an advantage to the City to extend services to the VFW and asked for cooperation and recognition on this matter. Dave explained that the VFW is approximately 1500 feet (1/4 mile) beyond the police station. He suggested that he revise the construction plans to indicate an interim construction date of mid July for services to be at the VFW. Chris Lyden said that the City Council does appreciate the efforts of the VFW very much, however, even the best efforts of the City will fall short. Kim felt that if the City made the commitment proposed by Dave, the VFW could prepare their building plans so that they could complete their building project in 1999. Dave explained that easement acquisition is now on track and all other concerns have been resolved. He will advertise for bids on the project in late winter or early spring when the bidding atmosphere is most favorable. Brian said that he is looking forward to working with the VFW on their building project. He explained that normally it takes four (4) to six (6) months to go through the process of site plan and building plan review with the Planning and Zoning Board and the City Council. He suggested that he and the VFW sit down and begin this process. Kim apologized to the VFW for not keeping them up to date on the progress of the utility construction. John explained that the schedule presented last fall was a preliminary estimate and should not have been viewed as a commitment. He suggested that staff contact other businesses along Lake Drive to be sure that they are aware of the construction schedule. Dave noted that he did hold a meeting for all affected property owners along Lake Drive in mid-May. He will schedule another meeting. Kim thanked the VFW for coming and expressing their concerns. TRAIL AROUND RESHANAU LAKE, JOHN BERGESON John briefly explained that there has been a trail around the north end of Reshanau Lake for as long as anyone could remember. When Reshanau Lake Estates was platted, Outlots A & B were platted as common property and deeded to the Reshanau Lake Estates Homeowners Association. The City first recorded a street easement through Outlots A & B to insure that there would be an opportunity to extend Black Duck Drive and/or utilities around the north end of the lake in the future. After discussions with the developer, the City vacated the street easement and obtained and recorded a utility and drainage PAGE 2 • • • CITY COUNCIL WORK SESSION JULY 8,1998 easement over the former street easement. In the meantime, the public continued to use the former trail as access around the lake. Recently, the Reshanau Lake Estates homeowners association began exploring the installation of a fence around the two (2) outlots and cutting off public access to the trail. The homeowners association was concerned about liability in the event that someone was injured on their property. This proposal has caused great public concern. John invited Mark Walmsley and Mary Cox of the Reshanau Lake Estates Homeowners Association to meet with the City Council this evening to discuss the matter. He noted that Rick DeGardner has had preliminary discussions with the homeowners association about this matter and asked the Council to authorize Rick to continue discussions as a representative of the City. Mr. Walmsley explained that the homeowners association is open to having a discussion with the City on this matter and would like someone to attend a homeowners association board meeting. Kim indicated that she supported John on this matter. John asked Ms. Cox and Mr. Walmsley if there was any upland on the east side of the Reshanau Lake Estates subdivision on which to relocate the trail. Mr. Walmsley said he thought that there was. John asked Rick to explore this idea with the Anoka County Parks Department. • Rick will meet with the Reshanau Lake Estates Homeowners Association board and keep the City Council updated on how these discussions are progressing. • REVIEW OF THE CITY AUDIT, ROB TAUTGES Mr. Tautges used the overhead projector and presented highlights of the 1997 City Audit. The audit consists of four (4) required reports. They are the 1997 Annual Financial Report, the Financial Analysis and Management Consideration, the Independent Auditor's Report n Compliance and the Independent Auditor's Report on Compliance and on Internal Control. Mr. Tautges explained that the format of the reports have been changed to make the reports more readable. John noted that each year the City Council plans for a specific surplus. This year there was an additional surplus due to several factors and the Council was told that the surplus beyond the target surplus had to be designated. This put the Council in a position of identifying designated uses on a crisis mode. If these items had gone through the normal budget process, they may not have been funded. John asked how could the Council avoid this situation. Mr. Tautges explained that designation of surpluses has merit because in the past, the State could actually reduce state aid in the same amount of the surpluses. Some cities transfer the fund balances to another fund. He explained that the Council can carry over the additional surplus balance to the next budget time and include the surplus in the next budget. There is no actual requirement to spend the surplus as designated. How the Council handles this situation is a matter of philosophy. PAGE 3 CITY COUNCIL WORK SESSION JULY 8,1998 John asked Mr. Tautges where was the City's greatest exposure in the year 2000. (John was referring to the possibility of computer problems that could occur because the computers may not recognize the year 2000.) Mr. Tautges felt that the county was the greatest concern. The City is currently taking steps to avoid any problems with the internal computers, however, the City should be checking with all of the City providers to be sure that they are also addressing this concern. John said that he was disappointed that the currently computer equipment purchased three (3) years ago did not address the year 2000 concern. The City is in the process of replacing all financial computer hardware and software to avoid any problems. John asked where the Shoreview debt was in the audit. Mr. Tautges explained that it is shown as a correction of an error on page 52. Kim thanked Mr. Tautges for making the report user friendly. She requested that the Council review the Executive Summary Report and be prepared to discuss the audit at the next work session. She also asked Dave to have staff bring back an action plan to address the concerns noted in the Management Report. HOUSE REMOVAL AT 1410 CANFIELD, TOM JACKSON Tom presented the background on this matter noting that on October 13, 1997, the City Council had approved an Order for Removal of a Hazardous Building. The home had burned and the site is now considered an "attractive nuisance". The owner had been certain that the building could be salvaged and rebuilt, however, nothing has been done to date. Currently the owner is proposing to sell the site and does have a purchase agreement. He has not given the City a copy of the agreement. Kim felt that there had been sufficient time to conclude this situation. Mr. Hawkins felt that the City has been more than generous and recommended that the City Council approve the Order for Removal. The procedure is as follows: the City Council obtains bids to remove the structure and a court order to proceed with the actual removal of the building. These two (2) actions take time so that in reality, the owner will have plenty of time to complete the sale of the property, if he wishes, and the new owner will have time to secure a building permit for rebuilding the home. Caroline felt that the City is responsible for the safety of its residents and could see nothing to prevent proceeding with the removal order. This matter is on the Council agenda for Monday. LINO AIR PARK UPDATE, DAVE AHRENS PAGE 4 • • • • • 0 CITY COUNCIL WORK SESSION JULY 8, 1998 Mr. Ahrens explained that this matter was discussed at the April 22, 1998 work session. Since that time, Mr. Kolstad has completed almost all of the work that was required. However, it appeared that there would be items not completed so he did draw on Mr. Kolstad's $21,750.00 letter of credit. There is a problem with a survey. Dave will update the City Council on this matter at the next work session. 21ST AVENUE STREET CONSTRUCTION UPDATE, DAVE AHRENS Dave explained that work is progressing very fast at the Joan Tschida convenience store site. Gerald Rehbein, the developer, has proposed to build 500 - 600 feet of 21st Avenue to the Lino Lakes street standards at his own cost. He is requesting that the City of Centerville contribute $25,000 to the construction. Dave recommended that the City of Lino Lakes approve this plan. Maintenance of 21st Street continues to be an issue. Dave is pursuing a joint powers agreement with Centerville. Brian noted that Mr. Rehbein's proposal is somewhat bizarre and it is difficult to predict what Centerville will do with the proposal. He explained that Ms. Tschida is happy about how rapidly her construction is proceeding. The City Council of the City of Centerville is meeting this evening and will discuss 21st Avenue. Dave will keep the Council updated on this matter. AMENDING STREET STANDARDS, RURAL DESIGN, DAVE AHRENS Dave explained that a property owner on the north side of Lake Amelia is proposing to sell several lots of record fronting on Lake Amelia. The problem is that some of the lots do not have street frontage and a street would have to be constructed to serve the lots before a building permit could be issued. The property owner is proposing to build a street to rural standards rather than the usually street with curb, gutter and storm sewers. Dave described the rural standard that he is proposing and also described where a street with this design could be located in other areas of the City. He referred to the proposed rural street standards as interim standards since these streets would be required to be upgraded to current standards when municipal water and sanitary sewer are extended into the area. Brian explained that he has talked to Alan Brixius about this matter and asked that he and Dave have a further discussion with Alan. John asked Dave if the City has an overall street plan. It appears to him that nothing matches. Dave said no, however, developers are required to look beyond their proposed subdivisions and provide for extension of streets. He also noted that the City does have a transportation plan that is part of the Comprehensive Land Use Plan. Collector streets are identified in this plan. PAGE 5 CITY COUNCIL WORK SESSION JULY 8, 1998 UPDATE ON BMX TRACK AT QUAIL RIDGE, RICK DEGARDNER Rick explained that some area children constructed a BMX track in back of their homes on property owned by the City near Birch Street and Pheasant Run North. The track has been removed, however, the children and their families are asking to reconstruct the track and give the City a promise not to sue the City if a child is injured on the track. Originally, they asked the City to build a track in that area. Because of liability concerns, this option is not available. The residents then proposed that the City build the track and lease it to the residents. The matter was brought before the Park Board. They said that they would consider this request if the residents can provide liability insurance for the operation of the track. The families have not provided liability insurance to the City as of today. COMPREHENSIVE LAND USE PLAN UPDATE, BRIAN WESSEL Brian explained the meeting schedule for the next month. He noted that at the July 23, 1998, 6:00 p.m. Comprehensive Plan Task Force meeting, Birch Street concerns will be addressed. He also noted that the County is no longer looking at installing an intersection at I -35W and Main Street. Brian noted that the Task Force has been conducting neighborhood meetings on all aspects of the Comprehensive Plan. He felt that the Council should get word to the citizens that everything they want may not be included in the final plan. STORM UPDATE, DAVE PECCHIA Dave explained that storm #1 (May 15, 1998) was declared a federal disaster. He has met with FEMA regarding storm #2 (June 26, 1998) and he is hoping that this storm will also be declared a federal disaster. The City will receive approximately $349,000 of assistance for storm #1. John asked Dave if the City is planning to continue the cleanup until July 13, 1998 as originally planned. Dave explained that contracted crews will come in on the 13th and it is hoped that eyerything will be cleaned during that week. If not, there will be an extension of time. If the last storm is declared a federal disaster, FEMA will pay for all of the clean up costs. Caroline noted that there has not been a letter in the paper thanking all the people who helped with the clean up from the first storm. Dave explained that Jean (Viger) is preparing the thank you letters at this time. He will follow up on this matter. CSO JOB DESCRIPTION, DAVE PECCHIA Dave explained that the CSO position is now a part-time position. He is looking at hiring two (2) college students to fill the positions and make them more visible in the PAGE 6 • CITY COUNCIL WORK SESSION JULY 8,1998 community. Dave also explained that the Neighborhood Crime Watch program has been • assigned to an officer. • • POLICE DEPARTMENT PERSONNEL HIRING UPDATE, DAVE PECCHIA A police officer position and the two (2) CSO positions are vacant. Dave is placing ads in the weekend newspapers to fill these positions. TAX FORFEIT PROPERTIES, MARILYN ANDERSON Marilyn explained that each year, properties where taxes are delinquent more than three (3) years are offered for sale at a public auction. This year the County has notified the City of several parcels that are tax delinquent and has provided an opportunity for the City to obtain title to any of the parcels for public use. The parcels include: 1. Lot 14, Arthur E. Thom Acres - Located north of Rehbein Bus Garage, appears to be a buildable. (Staff is recommending that the City obtain title to this property because there is a sanitary sewer force main running the length of the lot. In addition, the lot may be used in the future for other City utility extensions.) 2. Outlots in Birch Wood Acres - These lots are used for ponding and trails. Staff is recommending that the City obtain title to the outlots so that ponds and trails can be maintained. (The City already has easements on the outlots for trails and ponding.) 3. Lot 6, Block 5, Forest Glen - Located on 79th Avenue, this lot appears to be a buildable lot. 4. Outlots in Rehbein's Peltier View - County Ditch #72 runs through both outlots. These outlots are also used for ponding. Staff is recommending that the City obtain title so that the ponds can be maintained by the City. 5. Triangle Lot on Peltier Lake - Originally, this lot was to be used as access to Peltier Lake for all of the residents in Rehbein's Peltier View. Now that the lot is tax forfeit, the DNR will not allow the lot to return to private ownership again. 6. Triangle Lot on Main Street - This lot was created when Anoka County redesigned the curves on Main Street near the I -35W bridge. The landowner behind the lot uses the lot as access PAGE 7 CITY COUNCIL WORK SESSION JULY 8, 1998 to Main Street. She is in the process of obtaining title to the parcel. Andy referred to the Circle Pines Gas Franchise and noted that the income from the franchise was reduced by the amount of delinquent gas bills in Lino Lakes. He asked why these bills were not assessed to the property taxes. Mr. Hawkins explained that this is not an assessable utility. If the gas utility cannot collect the delinquents bills, they are deducted from the franchise fee. Andy will check to see if there is a method for collection of the delinquent bills by this City. CONSIDERATION OF A PROPOSAL TO RECOGNIZE RANDY SCHUMACHER'S YEARS OF SERVICE, ANDY NEAL Andy explained that this matter was brought to his attention by a resident of the City. He has brought the matter to the attention of staff who have suggested that the full City Council discuss the matter. It was determined that in the past, the City has recognized employees with 20 or more years of service. Since Mr. Schumacher worked for the City 18 years, the Council felt it was not appropriate to give Mr. Schumacher special recognition. Andy asked if the Mayor's Citizen Awards will be given this year. Dan said that he is working on this matter. Originally, there was a committee of four (4) who solicited recommendations for the award and then made a recommendation to the City Council. Since some of the originally committee members no longer live in the City, other members are being researched. Dan will bring this matter to the City Council in the future. CONSIDERATION OF THE CITY ATTORNEY'S CONTRACT, KIM SULLIVAN Kim explained that a Council Member has asked that this contract be reviewed. Bill said that for 15 years, he operated on a verbal agreement. A formal contract was prepared. The latest contract with the City expired in 1994. Additionally, the contract was with the firm of Burke and Hawkins. This firm no longer exists. Bill said that he would update the contract if that is the wish of the City Council. Kim explained that she was asked to place this contract out for bid. She asked that the City Council review the contract and then be prepared to discuss it at the next work session. Kim asked that Chris be informed of this decision. PAGE 8 • • • CITY COUNCIL WORK SESSION JULY 8,1998 REQUIRED ATTENDANCE FOR ALL DEPARTMENT HEADS, DAVE PECCHIA Dave explained that earlier this year, the Council requested all department heads attend all Council meetings in the month of June. The Council would then review and discuss whether it was necessary to continue requiring the attendance of all department heads at all Council meetings. John noted that the Council had not heard a word from Marty or Pete this evening and they had nothing scheduled on the agenda. He suggested that if there are no items that even remotely involve Marty or Pete, they should not be required to attend all Council meetings. Andy suggested all staff meetings be held at 7:00 a.m. or 5:00 p.m. He said that whenever he calls city hall for something, he is told that the department heads are in meetings. He felt staff should be available during working hours. Kim asked that all department heads with the exception of Marty and Pete be at all Council meetings. She felt this was a team effort and all team members should be present. Dave asked if staff could be working on other matters during the meetings. This could be productive time for department heads. Council did not have a problem with this suggestion. • John noted that voice mail at city hall needed to be updated each day. Kim asked that all voice mail calls be returned within four (4) hours. • Dave noted that the storms created the need for extra department head meetings. He explained that staff does try to make these meetings short. Kim asked Dave to let Dawn know that she is doing an excellent job as receptionist. Kim referred to the Open Mike portion of the City Council meetings. She asked Council Members to refrain from participating in conversations with the persons at Open Mike. This portion of the meeting is for anyone to present items to the City Council. There should be no discussion or debate with the person making the presentation. Kim referred to Council use of consultants. She noted that some individual Council Members are contacting consultants and running up big consulting bills. She suggested that Council Members contact the appropriate staff first to determine if they can be of help. If a Council Member must contact a consultant, they should make that contact very brief. Andy referred to the City Charter and said he felt that individual contact of a consultant is not permitted. Kim suggested that if a Council Member had to speak to a consultant for more than 15 minutes, the matter should be brought before the entire Council. PAGE 9 CITY COUNCIL WORK SESSION JULY 8,1998 Marty was asked about the loss of trees in the civic complex due to the last storm. Marty explained that he has placed the value of the trees at about $60,000. However, he felt that this does not reflect the real value of the loss. Additional trees will be lost to oak wilt or will die because of disruption by cleanup crews. These trees were old growth trees and will take another one hundred years to replace. About 30% of the old growth trees have been lost in the last two (2) storms. This is a significant loss. Brian explained that for the past year and a half, staff has worked very hard to preserve a certain landscape in the civic complex. This has been totally lost. He is meeting with the landscape architect in the morning. The landscaping has to be totally redesigned. REGULAR AGENDA Item 2A. National Night Out is scheduled for Tuesday, August 4, 1998. Item 7D. Add to agenda, Consideration of Resolution No. 98 - 108, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain, Hodgson Road (Highway 49)/Lake Drive (County Road #23), George Reiling Property. Item No. 8-1D Amending the Severe Weather Policy. The proposal is that if employees leave work because of severe weather, they can use sick leave or vacation to make up the time lost. This became a problem when public works employees worked during a storm but office staff were allowed to go home with pay. This policy will result in fewer grievances. Brain explained that MnDOT is preparing to install a 260 foot tower on the prison site. This tower will accommodate the legislative mandate to construct a Regional 800 MHZ Public Safety Radio System. There is no action required by this City on the project. There was a presentation of the plans at the Planning and Zoning Board meeting this evening. The Anoka County Airport is concerned about the tower height. There are other concerned parties, however, the State will do what it deems necessary. There has been no discussion regarding leasing space on the tower to private individuals. Kim reminded the City Council that there will be another interview of candidates for the City Administrator position either Friday at 2:00 p.m. or Monday. The meeting was adjourned at 11:20 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on August 10, 1998. PAGE 10 • • CITY COUNCIL WORK SESSION JULY 8, 1998 • Marilyn G. Anderson, Clerk -Treasurer • PAGE 11