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06-05-07 Council June 5, 2007 A regular meeting of the Scandia City Council was held on the above date. Mayor Dennis Seefeldt called the meeting to order at 7:00 p.m. The following councilmembers were present: Councilmembers Peter Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle, Mayor Dennis Seefeldt. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, City Engineer Tom Peterson, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA There were no additions to the agenda. Dolores Peterson made a motion to approve the agenda as presented. Donnette Yehle seconded the motion and motion adopted unanimously. CERTIFICATE OF COMPLIANCE – ROBERT AND LONNA KOCH Robert and Lonna Koch, 1035 Clipper Way, Woodbury, MN, have applied for a Certificate of Compliance to construct a stairway in the shore and bluff impact zone on their Bone Lake residential lot, located at 22933 Mallard Avenue. Stairways are the only permitted alteration to achieve access to the shore area. A site visit to the lot was attended by Administrator Hurlburt, Melissa Lewis of the Washington Conservation District, Randy Anhorn, Administrator of the Comfort Lake-Forest Lake Watershed, the Kochs and their landscape contractors. Submitted plans appear to meet all the requirements of the Shoreland Regulations. Conditions regarding installation and erosion control have been written into the resolution. The resolution also specifies inspection by the Washington Conservation District pertaining to establishment guidelines. Peter Crum made a motion to approve Resolution 06-05-07-01 Granting a Certificate of Compliance for Stairway in the Bluff and Shore Impact Zones at 22933 Mallard Avenue North. Dolores Peterson seconded the motion and motion adopted unanimously. 2007 STREET IMPROVEMENT PROJECT th Change Order #1 – 228 Street between Lofton Avenue and Meadowbrook Avenue rdth At the April 3 meeting, the Council approved the addition of repairs to sections of 228 Street to the 2007 project. This repair will be funded with the proceeds of the bond issue. City Engineer Peterson presented this Change Order in the amount of $25,001.40. Dolores Peterson made a motion to approve Change Order No. 1 in the amount of $25,001.40 for repairs to sections of th 228 Street. Donnette Yehle seconded the motion and motion adopted unanimously. Change Order #2 – Reconstruction of Oakhill Court th At the May 15 meeting, the Council directed City Engineer Peterson to obtain a quote from Dresel Contracting for the reconstruction of Oakhill Court. Approval of the change order, in the amount of $38,002.50, would add this road to the 2007 project, with funding coming from the 2007 Road and Bridge Fund. Dolores Peterson made a motion to approve Change Order No. 2 in the amount of $38,002.50 for the reconstruction of Oakhill Court from Oakhill Road to 500 feet south. Dennis Seefeldt seconded the motion and motion adopted unanimously. th Easement for Turn-Around at East End of 240 Street th As part of the 2007 road project, construction of a turn-around is planned at the dead end of 240 Street east of Manning Trail. An easement from property owners of parcel 06-032-20-12-0003, June 5, 2007 Scandia City Council Page 2 Dallas and Mary Oman, is required. The Omans have agreed to provide the easement in return for compensation in the amount of $825.00. Chisago Lakes Township will share in half the cost of this acquisition. Dolores Peterson made a motion to approve the acquisition of an easement for a th turnaround at the dead end of 240 Street and to authorize payment to Dallas and Mary Oman in the amount of $825.00. Peter Crum seconded the motion and motion adopted unanimously. Wetland Replacement Plan Jyneen Thatcher, WCD, has prepared findings and conclusions for a Wetland Conservation Act permit application to fill 10,297 square feet of wetland as part of the 2007 Road Project. Replacement is proposed via the Board of Soil and Resources Road Project mitigation bank. A nd redesign of 232 Street was necessary to avoid wetland impact on a section of this road, which had the potential to delay the project. The pavement was narrowed to 16 feet and shoulders reduced to 1 foot in the areas of the wetland impact. Donnette Yehle made a motion to approve the Wetland Permit Application to fill 10,297 square feet of wetland and replace impacts via the BWSR Road Project wetland bank, as submitted May 1, 2007 and amended May 23,2007, for the 2007 Street Improvement Project. Michael Harnetty seconded the motion and motion adopted unanimously. RECREATION PROGRAM STAFFING Recreation Coordinator Marty McKelvey has recommended the hiring of Kristen Stenborg in the position of a part-time summer Recreation Program Youth Leader. Ms. Stenborg will be assisting with programs offered at Camp Lakamaga. Ms. McKelvey has also recommended the hiring of Ian st Soreno as a skateboard instructor, as Joey Yetman (approved May 1) is no longer available. Neil st Taurinskas was also approved as a skateboard instructor at the May 1 meeting. The pay rate for the high-school aged instructors needed to be clarified at $7.50 per hour. Michael Harnetty made a motion to appoint Kristen Stenborg as a part-time, seasonal Recreation Youth Leader, at a pay rate of $8.00/hour; and to approve the hiring of Ian Soreno and Neil Taurinskas as Skateboard Instructors at a pay rate of $7.50/hour. Dolores Peterson seconded the motion and motion adopted unanimously. APPOINTMENT OF MAINTENANCE WORKER A total of forty-nine applications were received for the full-time maintenance worker position. Six applicants were interviewed by the Human Resources Committee (Councilmembers Peterson and th Crum and Administrator Hurlburt) on May 17. The position has been offered to Mike Egelkraut contingent on satisfactory results of screening checks. Peter Crum made a motion to appoint Mike Egelkraut to the full-time Maintenance Worker position, starting June 11, 2007 at the pay rate of $17.30/hour. Michael Harnetty seconded the motion and motion adopted unanimously. June 5, 2007 Scandia City Council Page 3 REPLACEMENT OF THE HVAC UNIT AT THE COMMUNITY CENTER The third HVAC unit that services the community center’s large hall has failed and is in need of replacement. This furnace is original to the building. Lakes Air quoted a price of $9,733.00 for a Ruud Model UGTA-12EAJS. Scandia Heating & Air Conditioning quoted a price of $8,071.00 for a Trane Model TDX120C960C. The bids reflected similar specifications. As the warranty on the Trane model does not apply beyond one-year when used in a non-residential building, Scandia Heating offered to provide a 5-year parts and 10-year compressor warranty. The Ruud model does not have such an exclusion and does carry the 5-year parts, 10-year compressor warranty. Councilmember Yehle stated a concern about the limited warranty on a non-residential unit, and that under heavy use a failure could occur at an inconvenient time. Councilmember Harnetty reasoned that the two units appear to be very similar and the low quote should be accepted. Michael Harnetty made a motion to accept the low bid from Scandia Heating & Air Conditioning in the amount of $8,071.00 for replacement of furnace unit #1 that services the Community Center hall. Dennis Seefeldt seconded the motion. Voting yes: Peter Crum, Michael Harnetty, Dennis Seefeldt. Voting no: Dolores Peterson, Donnette Yehle. Motion adopted 3-2. LOFTON COURT DRAINAGE PROBLEM th At the May 15 meeting, City Engineer Peterson recommended a proposed solution to correct a drainage problem on Lofton Court. Scandia Trucking and Excavating offered a quote of $1,800 to correct the drainage flow by excavating a shallow ditch along the back side of the curb to prevent run-off from flowing into the Floerke yard at 23259 Lofton Court. Dolores Peterson made a motion to approve the quote from Scandia Trucking and Excavating in the amount of $1,800 to correct the drainage problem on Lofton Court. Michael Harnetty seconded the motion and motion adopted unanimously. PERSONNEL POLICY Administrator Hurlburt reviewed a draft Employee Leave, Work Hours and Overtime Policy with the Council. The draft policy was prepared using model language from the League of MN Cities and from other policy language that Administrator Hurlburt has used in the past. Changes from the current policy include the replacement of vacation and sick leave with a Paid Time Off (PTO) policy, as this is a more common allowance in government and businesses. It will offer more flexibility to the employee and eliminates the need for employers to monitor actual sick leave time. The proposed policy will cap the maximum accrual to 480 hours, as there is currently no cap on vacation and sick leave accruals. This will eliminate large payouts when someone leaves the city. Language has been added to clarify funeral leave, holiday and work hours. The overtime policy has been expanded and clarified. City Attorney Hebert recommended additional research of the Family Medical Leave Act to see if it applies to the city. Mayor Seefeldt asked for confirmation that the Discipline Policy will remain in place. Administrator Hurlburt replied that it would remain in effect and that a revision of this section will be forthcoming. Council will more thoroughly review this th Employee Leave, Work Hours and Overtime Policy at the June 19 Council meeting. June 5, 2007 Scandia City Council Page 4 The Planning Commission meeting was called to order at 7:30 p.m. The following members were present: Chair Chris Ness, Vice-Chair Jim Malmquist, Christine Maefesky, Kevin Nickelson, Peter Schwarz; City Planner Richard Thompson. WHITE ROCK LAKE – FINAL PLAT City Planner Dick Thompson reviewed the draft resolution and conditions therein. The Applicant is prepared to take down all structures except the granary. The lot numbers for the outlots straddling the municipal boundaries changed slightly since the Preliminary Plat approval. There was a public suggestion at the Preliminary for berms to control drainage. The Applicant is offering a $10,000.00 donation to Scandia to protect the wetlands or improve lake quality or change drainage patterns to satisfy Condition No. 6 of Resolution 03-20-07-02. The Applicant is working with the Rice Creek Watershed on satisfying their requirements. The Applicant has their Final Plat meeting with Forest Lake at the end of the month. The Planning Commission recommended to the City Council to adopt draft Resolution 06-05-07-02 for Final Plat approval of White Rock Ranch with a correction to Condition No. 2 changing Lot 2, Block 3 to Lot 1, Block 3. Councilmember Harnetty asked for confirmation that the submitted plans have been thoroughly reviewed by the city engineers. It was verified that all plans were found to be in order. Councilmember Yehle asked to confirm that the lot and block numbers are correctly recorded. Dolores Peterson made a motion to accept the recommendation of the Planning Commission to adopt draft Resolution 06-05-07-02 Final Plat Approval for White Rock Ranch. Peter Crum seconded the motion and motion adopted unanimously. Development Agreement Michael Harnetty made a motion to approve the current draft of the Development Agreement with White Rock Ranch, LLC. Dolores Peterson seconded the motion and motion adopted unanimously. TII GAVO – FINAL PLAT City Planner Thompson reviewed the draft resolution and conditions. Condition No. 9 was added to clarify the number and species of over-story trees required. Park fees will be paid on the first phase of the development, 28 new lots. Also, June 5 Engineer’s memo was added to Condition No. 3. Other permits are being secured by the Carnelian-MarineWatershed. They have also applied to the DNR for one 15-foot channel through the cattails to the beach and will be working directly with the DNR to do that work. Discussion ensued regarding the language in the Development Agreement dealing with measuring structure height limits. City Attorney Hebert suggested the wording “the average height of” be removed from the Development Agreement (Sec. 8, e) so the height is measured from the low point to the actual high point of the structure to keep with the intent of the Preliminary Plat condition that a 30-foot height limit is imposed on Lots 1, 2 and 3, Block 10. Mr. Roger Tomten stated that they had agreed to the 30-foot height limit, but there was no discussion on how that would be measured as he assumed the City’s ordinances would be followed. Commissioner Nickelson suggested that the City should either go back to the 35-foot height limit or stick with the measurements described in the ordinances. The Planning Commission June 5, 2007 Scandia City Council Page 5 recommended to the City Council to adopt draft Resolution 06-05-07-03 Final Plat approval of Tii Gavo with the addition of the June 5, 2007 Engineer’s memo to Condition No. 3, and that the language in the Development Agreement agrees with the City’s ordinances. Michael Harnetty made a motion to accept the recommendation of the Planning Commission to adopt draft Resolution 06-05-07-03 Final Plat and Planned Unit Development Conditional Use Permit for Tii Gavo with conditions that June 5, 2007 Engineer’s comments are included and that the height limit is defined by the current city ordinance. Dolores Peterson seconded the motion and motion adopted unanimously. Development Agreement Dolores Peterson made a motion to approve the draft Development Agreement with Big Marine Development, LLC, with permission for staff to add Letter of Credit amounts and that the height restriction language be clarified to adhere to current city ordinance language. Donnette Yehle seconded the motion and motion adopted unanimously. Wetland Replacement Plan The Tii Gavo project proposes to fill 0.01 acres of two Type 1 wetlands and replace impacts on- site. Jyneen Thatcher, WCA, has recommended approval of the application. Dolores Peterson made a motion to approve the Wetland Conservation Act application to fill 410 square feet of wetland and replace impacts on-site as submitted on March 19, 2007, for Tii Gavo, an Open Space Conservation Subdivision. Dennis Seefeldt seconded the motion and motion adopted unanimously. DISCUSSION OF DRAFT MINING ORDINANCE th A workshop was held on April 19 as a continued review of the mining ordinance prior to a public hearing. Mining operators and affected citizens were invited to attend this work session. City Planner Richard Thompson presented these revisions to the draft Mining Ordinance and continued this review with the Planning Commission and City Council. Operators and affected citizens were present to provide comments; changes were noted. TKDA will prepare a revised ordinance to present at a public hearing scheduled for July 10, 2007. Peter Crum made a motion to adjourn. Dolores Peterson seconded the motion and meeting adjourned at 10:40 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk