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06-19-07 Council June 19, 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: Michael Harnetty, Dolores Peterson, Donnette Yehle, Mayor Dennis Seefeldt. Absent: Peter Crum. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, City Engineer Tom Peterson, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA There were no additions to the agenda. Dolores Peterson made a motion to approve the agenda as presented. Michael Harnetty seconded the motion and motion adopted unanimously. CONSENT AGENDA The following consent agenda was presented: a) Minutes of May 15, 2007 Council Meeting; June 5, 2007 Meeting with Planning Commission. b) Treasurer’s Report Beginning Balance 5/01/07 $ 795,462.92 Receipts 1,436,652.80 Expenditures 100,200.47 Payroll 11,449.83 -111,650.30 Adjustments: Duplicate Postage Exp. + 1,000.00 April Fines & Fees 572.35 Ending Balance 5/30/07 $2,122,037.77 c) Payment of Vouchers d) Pay Request #3 and Final to Jay Bros. for 2006 Culvert Replacement Project, in the amount of $2,000.00 e) Pay Request #1 to Dresel Contracting for 2007 Street Improvements, in the amount of $408,317.66 Dolores Peterson made a motion to approve the Consent Agenda. Donnette Yehle seconded the motion and motion adopted unanimously. STAFF REPORTS Police Department Deputy Chris Howard was not present due to a medical leave resulting from an on-duty vehicular accident on June 12, 2007. Deputy Mark Rindfleisch was present to report that Deputy Howard is expected to return to work within the next few weeks. The Sheriff’s Department is providing fill-in coverage until that time. The Council directed Administrator Hurlburt to send Deputy Howard a get-well message. City Attorney Hebert gave notice of vehicles offered for sale being parked on the northwest corner of Manning and Highway 97, within the right-of-way. Administrator Hurlburt was directed to notify the Deputy of this violation. June 19, 2007 Scandia City Council Page 2 Fire Department Fire Chief Steve Spence reported that the modifications to the fire siren are now complete and the siren will be silenced from 9:00 p.m. to 7 a.m. for fire and rescue calls only. The civil defense siren will still be active during the nighttime hours. Chief Spence also reported on an ISO workshop th scheduled for June 30, in preparation for the ISO audit occurring in August. A hole in the blacktop in the northeast corner of the fire department’s lot was reported. City Engineer Peterson was directed to inspect this. City Engineer City Engineer Tom Peterson reported that the 2007 paving project is progressing ahead of schedule. Councilmember Peterson stated a complaint she received regarding the paving at the Hay Lake Park shelter. It was confirmed that the paving was correctly done according to the plan and perhaps striping and signage should be looked into so that the non-motorized trail is not confused for a driving lane. Engineer Peterson was directed to look into striping and signage. City Attorney City Attorney Dave Hebert presented density agreements for two property owners proposed to be assessed for the 2007 road project. Attorney Hebert explained that these agreements allow the property owners to combine their two parcels into one assessable unit, and agreeing that the property may not be divided in the future without city approval. By doing this now, it may eliminate a contest at the assessment hearing in the fall. Dolores Peterson made a motion to approve the Density Agreement with Randy S. Ferrin and Kathy S. Trombly-Ferrin, 23290 Quentin Avenue North. Dennis Seefeldt seconded the motion and motion adopted unanimously. Donnette Yehle made a motion to approve the Density Agreement with Richard C. Hudson and Christine H. Maloney, 20491 Ostrum Avenue North. Dolores Peterson seconded the motion and motion adopted unanimously. City Administrator Fire Relief Association Contributions for 2006 and 2007 Last year the Town Board agreed in principle to increase the pension benefit lump sum. A formal motion is necessary so that the approval can be properly documented. Michael Harnetty made a motion to approve the change in the pension benefit lump-sum from $2,200 to $2,350 effective on January 1, 2007. Dolores Peterson seconded the motion and motion adopted unanimously. The 2006 municipal contribution to the Fire Relief Association’s pension was overpaid by $13,886. The Office of the State Auditor (OSA) indicated that they would not take issue with applying this overpayment to the 2007 required municipal contribution. Eide/Bailly, the city’s auditor, also recommends treating this $13,886 as a pre-payment of the 2007 contribution. The other option would be to leave the $13,886 as an extra payment in 2006. Councilmember Harnetty stated that the logical action is to correct this unplanned use of municipal funds, and not to regard the payment as a gift to the relief fund. Councilmember Peterson was in agreement. Mayor Seefeldt also stated his agreement to this action. Assistant Fire Chief Steve Yehle stated that either action would be June 19, 2007 Scandia City Council Page 3 legally acceptable to the OSA. Dolores Peterson made a motion to approve the 2006 municipal contribution of $44,667 (the correctly calculated 2006 minimum) and consider the overpayment of $13,866 to be an advance on the 2007 contribution. (The Relief Association would report $44,667 as the city’s 2006 contribution). Michael Harnetty seconded the motion and motion adopted unanimously. Dolores Peterson made a motion to approve the 2007 contribution to the Fire Relief Association in the amount of $58,552 (cash payment of $44,686 as the above motion regards the $13,866 as a pre-payment). Dennis Seefeldt seconded the motion and motion adopted unanimously. Draft of an Employee Leave, Work Hours and Overtime Policy The Council initially reviewed a draft of an Employee Leave, Work Hours and Overtime Policy th prepared by Administrator Hurlburt at the June 5 Council meeting. Several changes were made, the largest being the removal of references to the Family Medical Leave Act, as this law does not apply to Scandia. Additional minor changes were made as suggested by City Attorney Hebert. Council discussed the clarifications of non-exempt employees applying overtime hours and putting a limit of 480 hours on the accrual of paid-time off. Councilmember Peterson recognized that Administrator Hurlburt put a lot of time and research into preparing this policy. Donnette Yehle made a motion to adopt Resolution 06-19-07-01 Establishing Employee Leave, Work Hours and Overtime Policies. Dennis Seefeldt seconded the motion and motion adopted unanimously. Draft of an Employee Recognition Policy The need for an employee recognition policy arose in recent discussions with the Fire Department. A change in state law (effective August 1, 2007) will grant specific statutory authority to cities to create wellness and recognition programs, as previously no such programs were allowed. The proposed policy will allow for modest expenditures for plaques recognizing service anniversaries and retirements and for receptions honoring retirees. Dolores Peterson made a motion to adopt Resolution 06-19-07-02 Establishing Policies for Employee Recognition. Donnette Yehle seconded the motion and motion adopted unanimously. CHRISTINE STEVENS – TREE CITY USA PROGRAM th Christine Stevens, 11364 218 Street, has requested that the city consider becoming part of the Tree City USA program, offered by the National Arbor Day Foundation. Councilmember Harnetty felt that the recent adoption of the Tree Preservation and Landscape Ordinance does provide a similar objective. The Tree USA program would require adoption of a forestry program and tree board. Administrator Hurlburt was directed to forward a copy of the tree ordinance to Ms. Stevens with the explanation that the issue was discussed, but the consensus of the council was that a tree replacement and preservation plan is currently in place. June 19, 2007 Scandia City Council Page 4 JOHN LINDELL – MINING OPERATIONS th John Lindell, 11240 218 Street, has notified the council by letter of alleged violations he has documented regarding the Tiller mining operation. Mr. Lindell submitted the same information to the Washington County Board in 2006. The Board chose to take no action on these concerns. Mr. Lindell was present to discuss these allegations, as was Mike Caron, of Tiller Corporation. Mr. Lindell also noted the recent placement of a road between the Tiller and Dresel gravel pits, which border one another. Mr. Caron explained that Tiller is assisting with reclamation in the Dresel pit and the road provides an efficient route for the trucks. Mr. Lindell took issue that the road borders the property line within the 50-foot setback, in which the permit states that no land disturbance may occur. Mr. Lindell also noted the removal of the berm bordering his property line. Tiller has been removing material from this berm, possibly defining it as a stockpile, and therefore not allowed within the 50-foot setback. Councilmember Harnetty felt that these concerns underline the important objective of a thoroughly clear mining ordinance, so that rules are defined which will protect both residents and the gravel businesses. A major issue will be to define whether berms are meant to be permanent or temporary, and what type of land use is allowed within the setbacks. Mayor Seefeldt stated that the ordinance needs to be written so that all parties clearly understand the rules. City Engineer Tom Peterson was directed to have his office look at the shared road between Dresel and Tiller and report on its placement relative to the property lines. Administrator Hurlburt was directed to set up an on-site meeting at the Tiller pit involving Mayor Seefeldt, Councilmember Harnetty, Mike Caron, Josh Dresel, and Engineer Peterson to observe the existing allegations as related to the current operating rules. BILL VOEDISCH – MINING ORDINANCE Bill Voedisch, 14625 Old Guslander Trail, Marine, addressed the council by letter of his concerns regarding the mining ordinance. Mr. Voedisch owns land adjacent to the Bracht mining operation and would like the city to consider greater setbacks, improved dust control, screening and stronger reclamation language. Mr. Voedisch’s letter has been forwarded to the City Planner. Mr. Voedisch also requested that notice of the public hearing be mailed to property owners around the mining operations. These mailed notices are not required for an ordinance affecting a city as a whole. Councilmember Peterson felt that doing this might set a precedence for future ordinance amendments. Administrator Hurlburt stated that the notice is posted and published in the Forest Lake Times. The notice and a copy of the draft are also available on the city website. Council agreed that it would be appropriate to place a block ad giving notice of the public hearing in the Country Messenger. Dolores Peterson made a motion approving the placement of a block ad in the Country Messenger giving notice of the Mining Ordinance public hearing set for July 10, 2007. Dennis Seefeldt seconded the motion and motion adopted unanimously. Dolores Peterson made a motion to adjourn. Donnette Yehle seconded the motion. Meeting adjourned at 8:50 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk