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HomeMy WebLinkAbout08/11/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : August 11, 2003 6 TIME STARTED : 6:38 P.M. 7 TIME ENDED : 8:48 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Director of Administration, Dan Tesch; Community Development Director 13 Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; Economic Development 14 Assistant, Mary Alice Divine; City Attorney, Bill Hawkins; Police Chief, Dave Pecchia; and City 15 Clerk, Ann Blair. 16 17 SETTING THE AGENDA 18 19 Councilmember Carlson requested an item regarding the police department merger be added to the 20 agenda. 21 22 Mayor Bergeson indicated it could be heard under new business. 23 24 The agenda was accepted as amended. • 25 26 CONSENT AGENDA 27 28 Councilmember Reinert moved to approve the Consent Agenda as submitted. Councilmember 29 Carlson seconded the motion. 30 31 Councilmember Dahl asked about the TimeSaver Offsite Secretarial bill for 7/9 and 7/14. She 32 indicated two weeks ago there was a charge for 7/7 and 7/9, and she asked about these charges. 33 Director of Administration Tesch stated he would retrieve additional information and answer that 34 question. 35 36 Mayor Bergeson postponed the motion to approve the consent agenda momentarily. 37 38 NEW BUSINESS 39 40 A. Approval of the July 23, 2003 Council Work Session Minutes 41 B. Approval of the July 28, 2003 City Council Meeting Minutes 42 43 Councilmember Carlson noted on the July 23, 2003 minutes, there is a name correction at the bottom 44 of page two, but that correction was not carried through to the title. The title needs to be corrected as 45 well. 46 47 Councilmember Carlson moved to approve the July 23, 2003 Council Work Session Minutes and the • 48 July 28, 2003 City Council Meeting Minutes. Councilmember O'Donnell seconded the motion. COUNCIL MINUTES AUGUST 11, 2003 APPROVED 49 • 50 Motion carried unanimously. 51 52 CONSENT AGENDA (cont.) 53 54 Councilmember Dahl restated her question about the TimeSaver Offsite Secretarial charges, noting 55 one of the dates is the same in this expenditure listing as it was two weeks ago. Director of 56 Administration Tesch listed the charges for each of those expenditure listings. Councilmember Dahl 57 still questioned why it was the same date, and asked that it be reviewed. 58 59 Vote: Motion to approve consent agenda carried unanimously. 60 61 ITEM ACTION 62 63 A. CONSIDERATION OF EXPENDITURES: 64 65 i) August 11, 2003 (Check No. 68783 - 66 68869, $117,279.14). Approved 67 68 ii) Centennial Fire District (Check No. 13879 - 69 13899, $8,452.00) Approved 70 71 OPEN MIKE 72 • 73 There was none. 74 75 FINANCE DEPARTMENT REPORT, AL ROLEK 76 77 There was no report presented. 78 79 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 80 81 A. Consideration of the 2004 budgets for the North Metro Cable Commission and the 82 North Metro Media Center 83 84 Director of Administration Tesch summarized the staff report, indicating Staff recommends approval 85 of the budgets and increase in PEG fees. 86 87 Councilmember O'Donnell moved to approve the 2004 Commission Budget, 2004 Media Center 88 Budget and increase the PEG fee from $2.45 to $2.51. Councilmember Dahl seconded the motion. 89 90 Motion carried unanimously. 91 92 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 93 94 There was no report presented. 95 •96 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 2 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 97 • 98 There was no report presented. 99 100 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 101 102 A. Public Hearing, Modification of the Program for Development District No. 1, 103 Elimination of Parcels from Tax Increment Financing District (TIF) No. 1-9 and the 104 Establishment of TIF District No. 1-10, Mary Divine 105 106 Economic Development Assistant Mary Divine presented the staff report, noting the Economic 107 Development Authority considered and approved the plan at an EDA Board meeting held prior to the 108 Council Meeting. She indicated staff recommends approval following the public hearing. 109 110 Councilmember Carlson noted the draft plan was sent to the Centennial School District and Anoka 111 County for review and comment. She asked if they had offered a response. Economic Development 112 Assistant Divine indicated she had attended the Anoka County Board meeting. She stated they do not 113 actually approve the plan, they only review it. She noted the County congratulated Lino Lakes for the 114 development they have encouraged over the last several years. She added the School District notified 115 them in a letter they had reviewed the plan. 116 117 Councilmember Carlson indicated in the past, Anoka County has notified them that they would not 118 participate. Economic Development Assistant Divine noted that was in tax abatement situations. 119 They will participate in this, as TIF is different. 120 1,21 Mayor Bergeson opened the public hearing at 6:50 p.m. There was no one present who wished to 122 speak on this item. 123 124 Councilmember Dahl moved to close the public hearing at 6:50 p.m. Councilmember Carlson 125 seconded the motion. 126 127 Motion carried unanimously. 128 129 i. Consideration of Resolution No. 03-123, Modifying the Program for Development 130 District No. 1 and Establishment of TIF District No. 1-10 131 132 Economic Development Assistant Divine indicated the first resolution is to modify the program and 133 establish TIF District 1-10. 134 135 Councilmember Reinert moved to adopt Resolution No. 03-123 adopting a modified program for 136 Development District No. 1 and establishing Tax Increment Financing District No. 1-10. 137 Councilmember O'Donnell seconded the motion. 138 139 Councilmember Carlson stated at another time she might vote yes because of those coming off of 140 TIF, but now with the amount of money and other expenditures the city may need for road 141 improvements, etc., she is not in favor of this plan. 142 143 Community Development Director Grochala noted the 4.2 million is not the amount they are putting 1,44 on the project. Economic Development Assistant Divine indicated the amount is up to 2.49 million. 3 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 145 She explained a bond payment is considered a cost, so it has to be listed, but the amount of the budget •146 is 2.4 million, which is the estimate of what would be generated if this were fully built out. She 147 stated 4.2 million would not be available; 2.49 million would be the maximum of the budget. 148 149 Councilmember Carlson asked what the amount of money not paid in taxes would be if they adopt 150 this TIF district. Economic Development Assistant Divine answered 2.49 million if fully built out. 151 152 Community Development Director Grochala advised they are estimating if the project were built out, 153 what would be generated over 10 years, so they have done some assumptions. That number is what 154 the plan says would be needed to maintain options. It is possible they could never reach that amount. 155 He indicated the 2.4 million is not an obligation for the City to provide, it is only an operating budget 156 to set a limit on what could be available. 157 158 Councilmember Carlson asked if the change made two weeks ago, where it was previously in the 159 policy that a business that received a subsidy had to stay in the city for five years, applied to TIF. 160 Economic Development Assistant Divine indicated it is up to the EDA to determine if that would be a 161 requirement. The change two weeks ago was due to the fact that it used to be a state regulation to 162 require a business stay for at least five years, but now it is up to the city's EDA Board to decide. The 163 development agreement with the business can be worded however the EDA chooses. 164 165 Councilmember Carlson asked if they were indeed looking at a road referendum this fall. 166 Community Development Director Grochala stated they were. 167 168 Councilmember Dahl asked if Staff would be making the five-year stay requirement a •169 recommendation. Economic Development Assistant Divine stated it would be handled on a case -by - 170 case basis, set by the EDA. She noted the request tonight is not an agreement with any particular 171 company, and when a business does make an application it would be up to the EDA to decide. 172 173 Councilmember Dahl indicated she is aware it is an EDA Board decision, however if Staff does not 174 make it a recommendation, it is possible the EDA Board would not consider this aspect. Economic 175 Development Assistant Divine stated they will leave the language as it is, so it will be in the 176 development agreement and a point for the EDA Board to decide. 177 178 Mayor Bergeson commented that the 2.4 million is not all City money; it is the combination of the 179 School District, the County and the City. He stated also that all TIF projects have a 'but, for' test, 180 meaning 'but for this assistance, the project would not happen'. So they are not giving away money 181 they would otherwise have, they are making it possible for projects to happen to generate future 182 income for the city. 183 184 Motion carried 3:2. Councilmember Dahl and Carlson opposed. 185 186 Resolution No. 03-123 can be found in the City Clerk's office. 187 188 ii. Consideration of Resolution No. 03-124, Modifying TIF District No. 1-9 189 Eliminating Two Parcels 190 191 Economic Development Assistant Divine stated Resolution No. 03-124 is to approve the modification •192 of Tax Increment Financing District No. 1-9, eliminating two parcels from the district. 4 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 193 0194 Councilmember Reinert moved to adopt Resolution No. 03-124, approving the modification of Tax 195 Increment Financing District No. 1-9 and eliminating two parcels from the district. Councilmember 196 Dahl seconded the motion. 197 198 Motion carried unanimously. 199 200 Resolution No. 03-124 can be found in the City Clerk's office. 201 202 B. Hailey Manor Residential Subdivision, Jeff Smyser 203 204 i. Consideration of Resolution No. 03-119, Amending the 2001 Comprehensive Plan 205 ii. Consider 1St Reading of Ordinance 16-03, Rezoning Property from R -Rural to R- 206 1, Single Family Residential 207 iii. Consideration of Resolution No. 03-120, Approving Preliminary Plat and 208 Variance for Lot Depth 209 210 City Planner Jeff Smyser summarized the Staff report, explaining the project and indicating Staff 211 recommends approval of each action. He noted a change on page seven of the Staff report, the first 212 condition of approval, which should say: 213 214 The City's approval of the comprehensive plan amendment, rezoning, preliminary plat and 215 variance is contingent upon Metropolitan Council approval of the comprehensive plan 216 amendment. The final plat shall not be reviewed by the City Council prior to said 17 Metropolitan Council approval. 218 219 Councilmember O'Donnell asked if all of these comprehensive plan amendments would be needed for 220 this project in 2010 as they are today, except for the request to move the parcel into the Stage 1 221 Growth Area. City Planner Smyser indicated that was correct. 222 223 Councilmember Carlson stated the City received a petition from these property owners, but she does 224 not have a copy. She would like to know which property owners in addition to the four involved in 225 this development asked for utilities. City Planner Smyser stated there were five additional owners 226 who signed the petition, and four addition parcels on Lois Lane that did not request utilities. 227 228 Councilmember Carlson clarified that everyone with property on Arlo Lane and Lois Lane want the 229 improvements. City Planner Smyser stated that was correct. 230 231 Councilmember Reinert asked if it was correct that on Arlo Lane, the developer paid for the extension 232 of utilities, and the homeowners in this petition do not have an investment. City Planner Smyser 233 stated that was correct. He indicated it was a windfall for them, and they will not be charged. 234 Councilmember Reinert stated if it was happening in his neighborhood he would not like it, but it is 235 not. He indicated this is a development with a record breaking amount of actions attached, including 236 a Comprehensive Plan Amendment, rezoning, allocation of MUSA, a variance, a permit required by 237 the Watershed District, a pond and a sewer depth with a lift station needed. 238 • 5 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 239 City Planner Smyser clarified a lift station is not needed for this development, but would be needed to •240 bring development to the west. He reminded the Council this development is being brought forward 241 by the request of the owners, so he believes they are in favor of the project. 242 243 Councilmember Reinert asked how the other neighbors that are not part of the development feel about 244 it. City Planner Smyser stated they want utilities, but have not said much else. He indicated there is 245 one parcel that is not involved in this subdivision, which would have been preferable. Community 246 Development Director Grochala advised the lot on the corner is not included in the petition. They 247 have had several discussions with that owner, and know he intends to come in at a later date and 248 subdivide. 249 250 Councilmember Reinert asked if there had been any discussion on trying to do something other than 251 four lots per parcel. He asked if they are smaller than Bluebill Ponds. City Planner Smyser stated 252 they are smaller by three feet, as the lots are 85 x 132, not 135. 253 254 Councilmember Reinert indicated this project concerns him. He stated it looks like it can be done, 255 but maybe they are trying too hard. It seems like Minneapolis where they are trying to cram houses 256 into a space that is too small. 257 258 Mayor Bergeson indicated he has a concern with the lots that are not included. He thinks when they 259 had a discussion about the lots to the north and putting utilities in there, they had the intention it 260 would benefit all the property owners. Now they have a situation where 3 parcels are involved in 261 taking the easy and free stuff, with no lift station needed and free MUSA. He is concerned that the 402262 lots that chose not to sell or participate at this time could end up with all the expense. 63 264 City Planner Smyser stated everyone had the opportunity to be a part of this plat, but a number chose 265 not to, whether because of money or timing issues he does not know. He does not think it was a 266 matter of not being fair from that perspective. He indicated that concerning paying for the lift station, 267 he has a hard time believing that even if all the parcels were involved and a lift station was needed 268 that they would be able to pay for it. Community Development Director Grochala advised that 269 usually when they have large improvements they look at area charges and divide the cost out. He 270 indicated the bigger issue is Mar Don Acres in general. He stated the Comprehensive Plan says it is 271 not sewered now, in 2010 or even 2020, but because there is sewer on the backside, they have the 272 opportunity to extend it to this area, and would probably consider going as far as the city can. 273 274 Mayor Bergeson indicated the rest of Mar Don Acres may not be good candidates for sewer because 275 they could probably only get two lots, or maybe even one. 276 277 Councilmember Dahl asked how much is left in their MUSA without this 6.2 acres coming out. City 278 Planner Smyser stated they are not proposing using the MUSA reserve, they are proposing getting 279 more. If this project goes ahead, part of the Comprehensive Plan Amendment would include 280 requesting 6.2 acres more of MUSA. 281 282 Councilmember Dahl asked if septic systems were failing now, which is creating the petition for 283 utilities. City Planner Smyser stated he is not aware of any failing within the petitioners, but there is 284 one of the existing homes in the proposed plat that does have a failed system. •285 6 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 286 Councilmember Dahl stated she agrees with Councilmember Reinert, it seems like they are overdoing •287 it. She noted there are 29 remaining plats for the year, and asked if there were additional projects 288 coming up. City Planner Smyser indicated there were a lot coming up, and they do have one that 289 would use the remaining plats and go over by a certain percentage. 290 291 Councilmember Reinert commented there were pluses and minuses for this to happen. The neighbors 292 may or may not want it, but it will bring sewer and water into the area. He does not believe there is a 293 sense of urgency, and due to the amount of issues, he would like to bring it back to a work session for 294 additional discussion. He noted they were two Councilmembers short at the last work session, and he 295 would like to discuss it again with everyone present. He still has concerns, and knows he would not 296 want it in his neighborhood. He stated it may be desired in this neighborhood, but he would want to 297 know that before making a decision. He does not know that now. He indicated the lots are just shy of 298 the standard, but they are close, and they have allowed variances for this before, however he would 299 like to discuss it further since there are so many actions needed. 300 301 Councilmember Dahl noted the report says the road must be reconstructed with curb and gutter, and 302 asked who would pay for that. City Planner Smyser stated it would be a cost of the project. The 303 developer would have to tear up the street for the utilities, and then reconstruct it with curb and gutter. 304 305 Councilmember Carlson indicated she would like to hear from those present on the topic, even though 306 it is not a public hearing. Mayor Bergeson asked if by making the assumption others who asked for 307 sewer and water did so because they have the intention of subdividing in the future and not because 308 they like City water, could they take action on all the lots for the Comprehensive Plan Amendment 309 and MUSA allocation. City Planner Smyser stated the City Council could include in the ,310 Comprehensive Plan Amendment a larger area if that is what they want to do. They would not be 311 platting the entire area, and should not rezone it until they have a project that needs rezoning, but the 312 extra MUSA and change in land use is something the City Council could ask for now. He indicated 313 at this point they only received a petition for bringing utilities down the street, but they could make a 314 broader Comprehensive Plan Amendment request. 315 316 Councilmember Reinert indicated he would like to comment on the request for hearing people speak 317 on this issue. He noted it is not a public hearing, and others involved were not contacted that they 318 would have the opportunity to speak. He asked if it would be possible to get comments in writing and 319 solicit written comments from others in the neighborhood that did not know they would have an 320 opportunity to speak as well. He stated he wants to hear what they have to say, but would prefer it in 321 writing for the work session discussion. 322 323 Mayor Bergeson stated he would allow oral comments briefly. 324 325 Frank Feela, 11423 National Court in Blaine stated he was the developer. He indicated regarding lot 326 sizes; they are three feet shorter but are two feet wider, so the lot size is okay. He stated the 327 homeowners contacted him about developing their property; he did not seek them out. Regarding 328 how the neighbors feel, he would agree the petition down the street would give an indication of how 329 they feel. He stated staff has worked with the neighborhood since 2001, and they have taken the time 330 to work with the City engineer and his engineer to get everything together that is required. He 331 indicated there is one septic system that has failed, and another that is a problem, which is one of the iih332 driving factors. He noted he owns 595 Lois Lane, where the septic system has failed. 333 7 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 334 Debbie Waldoch, 559 Lois Lane, stated she is the next one down that did not sell to Mr. Feela. She •335 indicated they all want city water and sewer, however four owners want Mr. Feela to bring it down, 336 and five owners want the City to bring it down. She reiterated they all want it, one way or another. 337 338 Councilmember Reinert moved to table the actions requested for Haley Manor Residential 339 Subdivision to the next City Council meeting, with discussion to take place at the August 20, 2003 340 work session. Councilmember Dahl seconded the motion. 341 342 Mayor Bergeson asked staff to contact the surrounding owners directly and make sure they are aware 343 of the dates and times. 344 345 Motion carried unanimously. 346 347 C. Consideration of Resolution No. 03-118, Authorizing Distribution of Pheasant Hills 348 Preserve 12th Addition Environmental Assessment Worksheet, Jeff Smyser 349 350 City Planner Smyser summarized the Staff report, indicating Staff recommends approval of the 351 resolution. 352 353 Mayor Bergeson asked if there was a list of the agencies to which the report is distributed. City 354 Planner Smyser indicated there was not, but noted it goes to all the State agencies, the US Army Corp 355 of Engineer, the Rice Creek Watershed District as well as the petitioners for the EAW. 356 357 Councilmember O'Donnell asked if it was a 30 day comment period. City Planner Smyser indicated 1,58 it was 30 days from the date it is published in the appropriate newsletter, which would be September 359 1, 2003 if approved tonight. 360 361 Councilmember Reinert asked if there was any more information about the bridge. City Planner 362 Smyser stated he has no more information than what is in the EAW. 363 364 Councilmember Dahl moved to adopt Resolution No. 03-118, authorizing distribution of Pheasant 365 Hills Preserve 12th Addition Environmental Assessment Worksheet. Councilmember Carlson 366 seconded the motion. 367 368 Councilmember Carlson noted she attended the Environmental Board meeting, and there were some 369 neighborhood residents there who were able to review the EAW. They did so and made suggestions, 370 and also came to the work session and made suggestions. She believes the document has been 371 reviewed pretty thoroughly. 372 373 Motion carried unanimously. 374 375 Resolution No. 03-118 can be found in the City Clerk's office. 376 377 D. 64th Avenue Street Improvements (Amelia Lake Road), Jeff Smyser 378 379 i. Consideration of Resolution No. 03-121, Accepting Easements for Street, 80 Drainage and Utility Purposes 1,381 8 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 382 City Planner Smyser summarized the staff report, indicating it is Staff' s recommendation that this 083 resolution be approved. 384 385 Councilmember Carlson asked what type of road this would be. City Planner Smyser stated it would 386 be a 32 -foot width, shown as a minor collector road, but the same as most of their local roads. 387 388 Councilmember Carlson noted they were showing the property the city bought for the Athletic 389 Complex, which the residents paid for, and the road is taking a jog out of that property. She asked 390 why it is not all on the developer's property. City Planner Smyser stated there is a lot of wetland on 391 the subject property, and to make the remaining land developable, they had to jog the road slightly to 392 the north. 393 394 Councilmember Carlson asked how much developable land will be left. She noted the DNR 395 regulations say you have to have a certain size lot, which she believes is 80,000 square feet, or 40,000 396 square feet if on a recreational lake. City Planner Smyser reminded the Council this lot is already 397 there; they are not creating it or platting the land, it is on record already, so the lot size is a moot 398 point. 399 400 Councilmember Carlson asked if City Planner Smyser was saying anyone could build on a lot less 401 than 80,000 square feet and put in a well and septic system as long as the lot already exists. City 402 Planner Smyser stated he was not sure where the 80,000 square feet came in, but if someone has a lot, 403 they have to have reasonable use of their property. The owner of this parcel is proposing to use it for 404 a house, and needs access to it. Staff feels a road is better than a private driveway. 405 •06 Councilmember Carlson indicated she knows it is 80,000 square feet because it was brought up at the 407 Environmental Board meeting, so this remains a concern for her. She noted another concern is the 408 city bought this property and paid interest on it, and calculating the 30 feet, they are giving away 409 about a half -acre of city land. She added someone did bring up the fact that the person who sold tract 410 A to the city sold the other three tracks to a developer. She noted they had a developer in here two 411 weeks ago saying his undeveloped land was worth $50,000 an acre, so they are giving up quite a bit 412 of city owned land. 413 414 Mayor Bergeson stated he has a different view. He commented the City is not land poor in this area, 415 and giving up a half acre of land for someone else to build a road that would provide southern access 416 to the city property seems like a good deal for the city. 417 418 Councilmember Dahl indicated she had a question on reason #1 on the Staff report. It says they 419 require full road frontage on new lots, and these are existing but the owner is addressing them as new. 420 But then they go back to the fact that they are existing lots when it comes to sewer and water. She 421 asked how the developer was able to flip-flop like this on whether they are new lots or existing lots. 422 City Planner Smyser stated perhaps it is the way he worded the report. He explained the developer 423 has chosen to provide these lots with full access on a public road, rather than the less desirable 424 alternative, even though it is not required. The wording was his, not the developers. 425 426 Councilmember Reinert moved to adopt Resolution No. 03-121 accepting easements for street, 427 drainage and utility purposes. Councilmember O'Donnell seconded the motion. 428 •29 Motion carried unanimously. 9 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 430 10431 Resolution No. 03-121 can be found in the City Clerk's office. 432 433 ii. Consideration of Resolution No. 03-129, Approving Development Agreement for 434 Street Construction 435 436 City Engineer Studenski presented the Staff report, noting Staff recommends approval of the 437 resolution. 438 439 Councilmember O'Donnell moved to adopt Resolution No. 03-129 approving the development 440 agreement for street construction for 64th Avenue Street Improvements. Councilmember Reinert 441 seconded the motion. 442 443 Motion carried unanimously. 444 445 Mike Black, Royal Oaks Realty, thanked the Council for their consideration. 446 447 Resolution No. 03-129 can be found in the City Clerk's office. 448 449 E. Consideration of Resolution No. 03-125, Approving Amendment to Victor Gardens Joint 450 Powers Agreement with City of Hugo, Michael Grochala 451 452 Community Development Director Grochala presented the Staff report, indicating it is Staff's 4E6453 recommendation the resolution be approved. lip454 455 Mayor Bergeson asked how soon Hugo's water system will be able to supply water to this 456 development. Community Development Director Grochala indicated probably about two years. The 457 water tower is in operation, and they have a larger project starting that should get the lines moving. 458 He noted they had a 54 -month agreement with Hugo. 459 460 Councilmember Dahl moved to adopt Resolution No. 03-125 approving amendment to Victor 461 Gardens Joint Powers Agreement with the City of Hugo. Councilmember Carlson seconded the 462 motion. 463 464 Motion carried unanimously. 465 466 Resolution No. 03-125 can be found in the City Clerk's office. 467 468 F. Consideration of Resolution No. 03-126, Approving Final Payment, Clearwater Creek 469 Booster Station Project, Jim Studenski 470 471 City Engineer Studenski presented the Staff report, indicating Staff recommends approval. 472 473 Councilmember Reinert moved to adopt Resolution No. 03-126 approving Final Payment for 474 Clearwater Creek Booster Station Project. Councilmember Dahl seconded the motion. 475 476 Motion carried unanimously. W77 10 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 478 Resolution No. 03-126 can be found in the City Clerk's office. .479 480 G. Consideration of Resolution No. 03-127, Accepting Plans and Authorizing 481 Advertisement for Bids, 2003 Surface Water Management Project, Jim Studenski 482 483 City Engineer Studenski presented the Staff report, indicating Staff recommends approval. 484 485 Councilmember Dahl moved to adopt Resolution No. 03-127 accepting plans and authorizing 486 advertisement for bids, 2003 Surface Water Management project. Councilmember Carlson seconded 487 the motion. 488 489 Motion carried unanimously. 490 491 Resolution No. 03-127 can be found in the City Clerk's office. 492 493 H. Consideration of Resolution No. 03-128, Accepting Plans and Authorizing 494 Advertisement for Bids, 2003 Wear Course Project, Jim Studenski 495 496 City Engineer Studenski summarized the Staff report, indicating Staff recommends approval. 497 498 Councilmember O'Donnell moved to adopt Resolution No. 03-128 accepting plans and authorizing 499 advertisement for bids, 2003 Wear Course Project. Councilmember Dahl seconded the motion. 500 501 Motion carried unanimously. W02 503 Resolution No. 03-128 can be found in the City Clerk's office. 504 505 UNFINISHED BUSINESS 506 507 There was none 508 509 NEW BUSINESS (cont.) 510 511 C. Police Department Merger 512 513 Councilmember Carlson indicated she received an e-mail from Councilmember Dahl that she also had 514 requested this topic be added to the agenda. She advised they had a work session last week, and for 515 the third time in consecutive work sessions they discussed the proposed police department merger. 516 She indicated each time they have come to the same decisions. She further advised on July 23, an e- 517 mail went out to other administrators for the involved cities with questions. She stated the members 518 from the other cities are asking about an outcome, and she believes they had an outcome. She 519 indicated there were three of them who said the proposal before them is not one they could accept, 520 and no one said anything differently. She has heard they may discuss this again at the budget 521 meeting, but has not been told specifically or seen notice that it will be discussed at the budget 522 meeting. She indicated her concern is they have talked about this three times already. 523 524 Mayor Bergeson stated there were only three Councilmembers at the last work session, and this is a •25 significant decision. He believes all five members should be there. He indicated he asked the City 11 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 526 Administrator if it could be discussed at the budget meeting and left the notice requirements up to her. •527 He stated he wanted to discuss it again to bring the other members up to speed, because at this point 528 the members who were not at the meeting have no information to know what made the other three 529 Councilmembers take that position. He advised they do not take action at work sessions, so when a 530 decision is ready to be made they will bring it to a City Council meeting to take action. 531 532 Councilmember Carlson indicated there may be confusion on the wording, because she was only 533 talking about one point, which was that they are not satisfied with the offer. 534 535 Mayor Bergeson asked if there was a counteroffer proposed. Councilmember Carlson indicated there 536 was not. 537 538 Mayor Bergeson stated that is another reason to hold off communication until they have a clear 539 response. Councilmember Reinert indicated he thinks it is important to follow the process that is in 540 place, which is for the committee to provide updates and receive feedback from their City Councils. 541 He indicated he thinks the emails went beyond that process, and he believes they should stick to the 542 process. 543 544 Councilmember Dahl stated her understanding was that the process was followed, and she thought the 545 decision was that the offer could not be accepted. She indicated Councilmembers Reinert, Dahl and 546 Carlson were there, so if the process was not followed, it was only that not all members of the 547 Council were present and they should not have been discussing it in the first place. She noted City 548 Administrator Waite Smith was also of the impression that they could not accept the offer. 549 1550 Councilmember O'Donnell stated his understanding was at the work sessions they give direction to 551 the committee members to bring back to the committee for communication. It sounds like a decision 552 was made by the City Council at a work session and now a sidebar conversation has taken place 553 where it was discussed. 554 555 Councilmember Reinert indicated the only difference from that procedure he sees is that from the 556 discussion that took place some City Council members made conclusions, and created decisions, and 557 believe press releases should be sent out. 558 559 Mayor Bergeson indicated he thinks they need to have further discussions on this at a work session, 560 where all are present. 561 562 Councilmember Carlson indicated her concern it be done at a regular work session where there are 563 tapes made and minutes transcribed so there is a record of the discussion. Mayor Bergeson stated the 564 reason he suggested the budget session is his concern for the affected employees and the desire to 565 keep the process moving. 566 567 City Clerk Aim Blair indicated there will be a recording secretary at the budget work session, with a 568 tape made. She stated she was directed to make those arrangements. 569 570 Councilmember Carlson stated she was not aware of a sidebar conversation. Councilmember 571 O'Donnell indicated he was referring to Councilmember Carlson's comment about being asked of the 572 outcome by a representative of another city. Councilmember Carlson stated yes, she was approached 0573 by someone from Centerville. 12 COUNCIL MINUTES AUGUST 11, 2003 APPROVED 574 111575 Councilmember Dahl indicated she is not here to argue, but two weeks ago at the work session 576 everyone was there, and they had come to a decision then and did give direction. She stated the way 577 she understands it from Wednesday is they did give direction and knew where they were going. 578 Obviously, her opinion is not that of some of the other City Council members, but they did give 579 direction, and the delay was only that the City Administrator did not know how to proceed and how 580 to communicate to the other cities. 581 582 Councilmember Reinert indicated it was a miscommunication. 583 584 COMMUNITY CALENDAR August 12, 2003 THROUGH August 25, 2003: 585 586 A) Wednesday, August 13, 2003, 5:30 p.m., Council Budget Work Session 587 B) Wednesday, August 13, 2003, 6:30 p.m., Planning & Zoning Board Meeting 588 C) Thursday, August 14, 2003, 7:00 p.m., Charter Commission Meeting 589 D) Wednesday, August 20, 2003, 5:30 p.m., Council Work Session 590 E) Monday, August 25, 2003, 6:30 p.m., City Council Meeting 591 ADJOURN 592 •593 There being no further business, Councilmember Dahl moved to adjourn at 8:48 p.m. Councilmember 594 O'Donnell seconded the motion. 595 596 Motion carried unanimously. 597 598 These minutes were considered and approved at the regular Council Meeting, October 13, 2003. 599 600 601„; 6022 603 Ann Blair, Ci Clerk Jo : erg son, % ayor 604 605 Transcribed by: 606 Karen Whaley 607 TimeSaver Off Site Secretarial, Inc. 608 • 13