5.a.1 June 21, 2016 Meeting Minutes
June 21, 2016
A regular meeting of the Scandia City Council was held on the above date. Mayor Simonson
called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, roll call was taken.
The following council members were present: Council members Bob Hegland, Dan Lee, Chris
Ness, Jim Schneider and Mayor Randall Simonson. Staff present: City Administrator Neil
Soltis, City Planner Sherri Buss, City Engineer Ryan Goodman, City Attorney Nick Vivian,
Police Deputy Brandon Yetter and Deputy Clerk Brenda Eklund.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA
Ness, seconded by Lee, moved to approve the agenda as presented. The motion carried 5-0.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) May 17, 2016 Regular Meeting
2) June 1, 2016 Work Session
b) Treasurer’s Report
Beginning Balance 05/01/2016 $2,892,480.98
Receipts + $47,999.00
Expenditures $76,050.77
Payroll $31,530.93 ($107,581.70)
Ending Balance 05/31/2016 $2,832,898.28
c) Payment of Vouchers
d) Appoint Election Judges for August 9, 2016 Primary Election and November 8, 2016
General Election (Resolution No. 06-21-16-01)
e) Approve Slalom Course on Bone Lake
f) Performance evaluation wage adjustment – Rick Regnier
g) Special Event Permit – Tour de Hugo Community Bike Ride, September 24, 2016
Ness, seconded by Lee, moved to approve the Consent Agenda as presented. The motion
carried 5-0.
PARKS AND RECREATION COMMITTEE
No representatives from the Parks and Recreation Committee were present.
PLANNING COMMISSION
Conditional Use Permit for Community Solar Garden at 23359 Oldfield Avenue North.
Ameresco, Applicant.
City Planner Buss presented the recommendation from the Planning Commission to approve a
Conditional Use Permit for a Community Solar Garden at 23359 Oldfield Avenue. Buss
explained that review of the application extended over several meetings to address concerns due
to the site topography and site suitability, impacts to property values and rural character, and
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screening potential. The applicant responded to the Commission’s request for revised screening
plans to meet the ordinance requirement to screen the project from public right-of-way to the
extent possible. The Commission concluded by a 3-1 vote that the project meets the
performance standards of the ordinance and approved a resolution recommending Council
approval with 27 conditions. Buss explained that condition #14 as recommended by the
Planning Commission had since been revised with language consistent with the legislative
recommendations for vegetative groundcover for solar gardens.
Mayor Simonson asked Attorney Vivian to explain the ordinance language addressing screening
“to the extent possible”. Vivian stated that the applicant must do as much as they reasonably can
to protect the public from glare and view from the public right-of-way; the standard isn’t 100%
screening, but to the reasonable extent that screening can be made available. Vivian said the
Council needs to determine if the applicant is doing everything to reasonably screen the project
from the right-of-way.
Mayor Simonson called on Planning Commissioner Walt Anderson to address the Council.
Anderson explained that he was not present to vote on this application, but stated his opposition
to the project due to the location in a residential neighborhood where the panels cannot be
adequately screened due to the hill that they will be located on. He said the screening should be
taller to begin with, such as 20’-40’ coniferous trees planted in staggered rows, as opposed to the
6’-8’ trees as recommended. He asked the Council to turn down the application or table it to
address proper screening.
John Nevell, Ameresco, introduced Mary Matze, Planner with Landform, to provide information
on the proposed screening plan. Matze explained that the landscape plan was developed to
screen the solar project from the adjacent roadway to the extent possible through berms and
mixed vegetation. She explained a mix of deciduous and coniferous trees provides a better
variation in height and blends in with the rural character. After approval they will work with
staff to prepare a landscape plan to meet the ordinance. The soil for the berms will come off the
site. The required fence will be constructed around the perimeter of the panels and will be
behind the berm. An example of the prosed fencing was provided. Matze stated that smaller
trees appear to establish themselves more strongly than larger trees at planting, and have a longer
life span.
Council member Schneider asked who in the community will benefit from this solar project.
Matze explained that the solar project is part of a state mandated program run through Xcel
Energy that is open to the public to subscribe to in order to fix their future energy costs and
reduce their electric rate. The nearby residents will likely be using the power that will be
generated from the solar installation that goes to the grid. Julie Jorgenson, Greenmark Solar,
stated that the City will benefit from a larger tax base and the project is a non-invasive use of
land not requiring services. Schneider said that the computer generated photos did not appear
true to life since the hill was not shown, and that the project seems to affect the enjoyment of the
surrounding property owners. Schneider questioned who would follow up with the landscape
plan and other conditions placed on the permit.
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In response to a question about the process if the applicant does not meet the conditions of the
permit, Attorney Vivian explained the process for enforcing or revoking the permit and that the
conditions are leverage for significant enforcement opportunities. Planner Buss stated that the
Council can designate who approves final landscaping plans, and that the Council could request
that they have final approval.
Council member Ness said that moving ahead with approval at this point is like putting the cart
ahead of the horse, and that the Council should see final landscaping and grading plans before
voting on the CUP.
Simonson, seconded by Hegland, moved to table a vote on the Conditional Use Permit until
the July 19th Council meeting in order to review the final grading and landscaping plans
for the project. The motion carried 5-0.
Amendment to Ordinance No. 170, to Extend the Solar Farm Moratorium One Additional
Month
Administrator Soltis presented a request from the Planning Commission to extend the term of the
moratorium on solar gardens and farms for one additional month, as the moratorium will expire
on July 28th. The Commissioners reviewed the solar farm ordinance over their last two meetings,
but have not completed the study in order to have a public hearing on any proposed changes
before the moratorium expires. Soltis explained that extending the moratorium would eliminate
any applications to proceed in the City since the state solar program expires in September.
Planner Buss stated that there may be one potential application for a 2-Megawatt installation that
has been in contact with staff.
The Council was in consensus to not extend the moratorium on solar gardens and farms beyond
the initial 3-month term. Mayor Simonson stated that the Commissioners were aware of the
deadline since the beginning.
BUILDING OFFICIAL
The building activity report was received from Building Official Chuck Preisler. Year to date
permits number 73 at a valuation of $3,901,695.50. Administrator Soltis noted that these figures
are up from 2015 numbers.
POLICE DEPARTMENT
Deputy Yetter reported on police activity in the past month. He has been working on exterior
storage violations, trespassing issues at Wind in the Pines Preserve, and family assists with local
teens.
FIRE DEPARTMENT
The monthly activity report was received. The department responded to one fire call and fifteen
medical rescue calls in May.
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CITY ENGINEER
City Engineer Goodman reported that the street reconstruction project on Oldfield/236th - 237th
streets is on schedule to be completed by early July. Seal coating and crack filling will begin
July 25th or earlier if the street patching is completed.
Street Improvement Project – Contractor Pay Request #1
Engineer Goodman presented pay request #1 to Dresel Contracting for the 2016 Street
Improvement Project for completed work to date.
Simonson, seconded by Hegland, moved to approve Pay Request #1 to Dresel Contracting
in the amount of $286,073.48. The motion carried 5-0.
CITY ATTORNEY
Attorney Vivian explained that he will be attending future Council meetings on behalf of the
Eckberg Lammers law firm in place of Attorney Andy Pratt.
CITY ADMINISTRATOR
Administrator Soltis reported that the Log House Landing permit application has been submitted
to the Army Corps of Engineers. It’s anticipated that bid solicitations for the boat ramp project
will be sent out in early July. DNR staff will complete the mussel survey at no cost. Installation
of the Oakhill Cottages storm shelters is scheduled for later in July. Prefer Paving will be
starting the contracted road patching on June 28th. Soltis provided information to the Council on
certification training for the Board of Appeals.
VETERAN’S MEMORIAL PROJECT AGREEMENT
Administrator Soltis explained the memo of understanding between the City, Scandia Marine
Lions Foundation and the Scandia Veterans Memorial Committee that defines the
responsibilities for construction, improvements and on-going maintenance of the memorial that
will be installed at Lilleskogen Park. Soltis estimated that insuring the site will be approximately
$270 per year, budgeted to the Parks department. Dave Wilson, Foundation President, was
present to report that the Foundation Board has approved of the agreement. Two-thirds of the
fundraising goal has been met, and it’s projected that construction will begin in the next few
months with completion anticipated before Veterans Day.
Simonson, seconded by Ness, moved to approve the Veteran’s Memorial Agreement as
presented. The motion carried 5-0.
SOLAR DEVELOPMENT AGREEMENT WITH FOREST LAKE HOLDCO, INC.
Administrator Soltis presented the development agreement between the City and Forest Lake
Holdco, the developer of the community solar garden that will be located at the NW corner of
Highway 97 and Manning Avenue. As part of the CUP approval last October, execution of a
development agreement that incorporates key provisions of the permit is required. Soltis noted
that the agreement establishes a screening escrow for the landscaping requirement and provides
for security to ensure that the project is decommissioned in the future.
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Simonson, seconded by Ness, moved to approve the Developer’s Agreement with Forest
Lake Holdco, Inc. as presented. The motion carried 5-0.
WITHDRAWAL FROM THE FOREST LAKE CABLE COMMISSION JOINT AND
COOPERATIVE AGREEMENT (RESOLUTION NO. 06-21-16-03)
Mayor Simonson provided a summary of the June 9th joint meeting with Columbus and Forest
Lake which discussed the future of the Forest Lake Cable Commission. At previous Council
meetings, the Council discussed withdrawing from the FLCC due to a number of factors.
Administrator Soltis explained the resolution that would initiate the process of withdrawing from
the Cable Commission. The effective date of the withdrawal would be 2 years after notice is
provided. During the phase-out period, Scandia would reduce its support to the Commission to
88% of the franchise fees received from cable subscribers, from the current 100%. If either
Forest Lake or Columbus elects to withdraw, a dissolution process would begin. Council
member Lee voiced support for continuing as a member since the station provides an outlet for
youth to broadcast programming.
Ness, seconded by Hegland, moved to approve Resolution No. 06-21-16-03, Withdrawing
from the Forest Lake Cable Commission. Council member Lee stated that the public
access provider is a great service to residents. Simonson called for a roll call vote: Lee –
no; Ness – yes; Hegland – yes; Schneider – yes; Simonson – yes. The motion carried 4-1.
STREET NAME CHANGES FOR MEADOWBROOK CIRCLE AND NEWBERRY
COURT (RESOLUTION NO. 06-21-16-04)
Administrator Soltis explained that two streets, Meadowbrook Circle and Newberry Court, were
platted without a “North” designation. Washington County has asked that this discrepancy be
resolved to increase the accuracy of its GIS used for public safety and property location uses.
Soltis noted one other location that uses an inaccurate 230th Street mailing address should be
corrected, but the property owners did not respond to a request for an address change.
Lee, seconded by Hegland, moved to approve Resolution No. 06-21-16-04, Renaming
Streets in the City of Scandia. The motion carried 5-0.
BUDGET REALLOCATION FOR SECURITY IMPROVEMENTS (RESOLUTION NO.
06-21-16-05)
As discussed at the June 1st Work Session, a resolution to reallocate the 2016 budgeted funds
from the Council chamber audio system to funding the relocation of router and communication
equipment to a secure location was presented. Administrator Soltis explained that one more
proposal will be obtained and brought to the Council for review before awarding the work, which
addresses the concerns about data security raised by the Insurance Trust.
Simonson, seconded by Hegland, moved to approve Resolution No. 06-21-16-05, Amending
the 2016 General Fund Budget. The motion carried 5-0.
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SUMMARY OF JUNE 1, 2016 CLOSED MEETING
At the June 1, 2016 Work Session, the Council went into a closed meeting for the purpose of
conducting an evaluation of Public Works Director Dave Williams. Mayor Simonson reported
that the Council voted unanimously to terminate Mr. Williams’ employment effective June 3,
2016 due to underperformance in carrying out the duties of the position.
ADJOURNMENT
Ness, seconded by Hegland, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk