5.a)1) Minutes 09-17-13 � 0.� � �
September 17, 2013
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 Dan Lee, Chris Ness, Jim
Schneider, Sally Swanson and Mayor Randall Simonson. Staff present: City Administrator
Kristina Handt, City Attorney Nick Vivian, City Planner Sherri Buss, City Engineer Ryan
Goodman, Police Deputy Chris Majeski, Fire Chief Mike Hinz, and Deputy Clerk Brenda
Eklund.
PUBLIC FORUM
No public comments were received.
APPROVAL OF AGENDA
Mayor Simonson noted two draft resolutions were added to the agenda as follows: Agenda Item
7.a)3) added draft Resolution No. 09-17-13-OS and Agenda Item 9.g) added draft Resolution No.
09-17-13-06.
Lee, seconded by Ness, moved to approve the agenda as amended. The motion carried 5-0.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) August 20, 2013 Regular Meeting
2) August 27, 2013 Special Council Meeting
3) September 10, 2013 Work Session
b) Treasurer's Report
Beginning Balance 08/O1/2013 $3,628,086.45
Receipts + 19,880.94
Expenditures $193,618.39
Payroll $ 23,374.75 - 216,993.14
Adjustments: Safe Box 35.00
Ending Balance 08/31/2013 $3,430,974.25
c) Payment of Vouchers
d) Approve EDA Bylaws and Initial Terms of Commissioners
e) Approve Safe Assure Contract Renewal
fl Approve Youth Services Bureau Service Agreement
g) Approve Step Increase, Full-Time Maintenance Worker
h) Approve Ordinance No. l45 Amending Council Bylaws
i) Adopt Stormwater Management Plan
Lee, seconded by Ness, moved to approve the Consent Agenda as presented. The motion
carried 5-0.
September 17,2013
Scandia City Council
Page 2 of 7
PLANNING COMMISSION
1) Conditional Use Permit to Allow a Garage Two Stories in Height at 19351 Parkview
Avenue. Josh Lee of Gonyea Horries,Applicant(Resolution No. 09-17-13-01)
The Planning Commission held a public hearing on September 3rd regarding the request from
Josh Lee of Gonyea Homes to construct a garage that is two stories in height on property at
19351 Parkview Avenue. Gonyea Homes is building a house and garage for Mark Roberts and
Cecelia Placencia, who will own the property in the future. Planner Buss explained that the
Development Code requires that accessory structures over one story in height obtain a
Conditional Use Permit. The Planning Commission recommended approval of the CUP with
conditions as written into a draft resolution, one of which stated that the second story is used for
storage only.
Mayor Simonson stated that it's a good plan and he has no concerns. He agreed that it is better to
build up and not out to add additional storage space.
Simonson, seconded by Ness, moved to adopt Resolution No. 09-17-13-01, Approving a
Conditional Use Permit for 19351 Parkview Avenue North. The motion carried 5-0.
2) Variance to Construct an Accessory Structure Closer to the Road Right-of-Way than the
Principal Building at 15450 22d"Stree� Kimberly Clzisholm,Applicanz (Resolution No. 09-
17-13-02)
The Planning Commission held a public hearing on September 3rd regarding Kimberley
Chisholm's Variance application. A Variance is needed to construct a new 3-car garage closer to
the right-of-way than her home at 15450 220`h Street. Planner Buss explained that due to the
steep slopes and septic location, the applicant proposes to locate the garage approximately 110-
feet from the right-of-way. The Planning Commission recommended approval of the Variance by
finding that the proposed location would avoid disturbing steep slopes and protect vegetation on
the slopes, and that there are sufficient trees to screen the garage from view. Conditions of
approval were written into a draft resolution.
Mayor Simonson commented that the Planning Commission did a good job dealing with the
circumstances of the property.
Simonson, seconded by Swanson, moved to adopt Resolution No. 09-17-13-02, Approving a
Variance for 15450 220�h Street North. The motion carried 5-0.
3)Proposed Ordinance No. 143,Accessory Structures Ordinance Amendment
Planner Buss presented the Planning Commission's recommendations for changes to the
Accessory Structures section of the Development Code. Based on frequent requests for and
approvals of variances to exceed the total area of accessory structures allowed on properties, the
Commission began a review of the standards in July and held a public hearing in August. The
Commission recommended several changes to the Code based on its findings.
Buss explained that limiting the height of an accessory structure to one story and requiring a
Conditional Use Permit for a second story was amended by the Commission. Although the intent
was to inhibit creation of a space that could be used as a dwelling unit and to limit the
September 17,2013
Scandia City Council
Page 3 of 7
height, the Commissioners decided that there is value in allowing a second story to be used as
storage or work space and it could reduce coverage by buildings on the site. Language in the
draft ordinance under paragraph (3)(A) and (B) addresses these concerns by stating the accessory
structures may not include a dwelling unit, and no residential accessory structure shall be taller
than the principal structure on the lot.
The Commission also recommended increasing the number and square footage of accessory
structures on lots 3 to 10 acres in size, which are the lots sizes that are frequently requesting
variances. On lots 3 to less than 5 acres, area is increased from 2,000 to 2,500 square feet. On
lots 5 to 10 acres, total square footage of residential accessory structures is increased from 2,500
to 3,000 square feet and one a�-icultural building is allowed (for a total of 3 structures at a
maximum 4,000 square feet). To keep the requirements proportional, 2 ag building will be
allowed on properties mare than 10 acres up to 20 acres, for a total of 6,000 square feet.
Buss explained that the Commissioners felt that residents should be allowed an attached or
detached garage, and therefore the draft ordinance will permit one detached garage up to 24'x36'
to be excluded from the calculation of total square feet of accessory structures, as long as lot
coverage is not exceeded.
Council member Schneider noted that he is in favor of allowing more size but has concerns about
limiting the height of an accessory structure, and gave examples of a property with a rambler or
earth home needing a building with enough height to store a motor home. He also questioned
allowing an agricultural building on properties less than 10 acres which is not defined as ag land
by the state definition. Ag buildings do not require a building permit and it's possible any type of
building could go up. Schneider stated that he has encountered problems such as this through his
job experience with Chisago County.
Mayor Simonson recommended that discussion of the accessory structure ordinance be tabled
until the October 15 meeting in order to refine the language to address these concerns.
WASTEWATER ADVISORY COMMITTEE
New Committee Membership
Wastewater Committee Chair Ness explained that at their August 28 meeting, the Committee
recommended the size of the committee be reduced from 10 to 7 members (one Council member
and two representatives from each system). Upon reappointment or the appointment of a
replacement, terms will be five years in length.
Simonson, seconded by Lee, moved to approve the appointments to the Wastewater
Advisory Committee as recommended by the Committee:
• Brad Bergo - five year term (expires February 1, 2018)
• Holly Kaufold - five year term (expires February 1, 2018)
• Dan Cartier - four year term (expires February 1, 2017)
• Doug Salmela - three year term (expires February 1, 2016)
• Wayne Schmidt- two year term (expires February 1, 2015)
• Chris Ness (as A/E Rep) - one year term (expires February 1, 2014)
September 17, 2013
Scandia City Council
Page 4 of 7
• Jim Schneider (as Council rep) - concurrent with term on Council
The motion carried 5-0.
BUILDING OFFICIAL
Building Official Keith Wille's report on building inspections was received. Nineteen permits
were issued in August.
POLICE DEPARTMENT
Deputy Chris Majeski reported on police activity within the past month. He is investigating a
report of credit card fraud, vandalism on 220th Street, a theft from the Cottages, and theft from a
boat on Big Marine Lake. Majeski reported that police calls to the state park are down
significantly from last year.
FIRE DEPARTMENT
Fire Chief Mike Hinz reported that the department responded to 18 calls in August; 9 fire and 9
EMS calls. The department responded to a mutual aid call to a house fire in Marine. The new fire
engine is being built at Custom Fire with delivery expected at the end of the month. Seven of the
new recruits have started EMT training twice a week at the fire hall, which will run to the end of
the year.
CITY ENGINEER
City Engineer Ryan Goodman reported that a Web GIS system was presented to City staff on
September 4th. City Administrator Handt stated the many benefits this tool provides for gathering
data on city properties. Ryan is communicating with County staff concerning roadway
improvements at the 97/Lofton intersection.
CITY ATTORNEY
City Attorney Nick Vivian reported that his firm has advised on city matters including the bond
prepayment, a right-of-way agreement, and the Social Host Ordinance.
PUBLIC WORKS DIRECTOR
Public Works Director Tim Kieffer reported on public works activities. Repairs on the Sterling
truck were done in house. Kieffer is working with the contractor to correct the soffit and fascia
repairs to the Community Center.
CITY ADMINISTRATOR
City Administrator Handt reported that Tiller has begun preparation work at the Zavoral site. The
Washington County HRA is pursuing FEMA funding to construct a severe weather shelter at The
Cottages housing unit. The County Economic Development Workgroup will be meeting with the
EDA next month for Scandia's input to county economic development.
PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL
OBLIGATION BUILDING CROSSOVER REFUNDING BONDS OF THE CITY
(RESOL UTION NO. 09-17-13-03)
Administrator Handt explained the resolution to approve prepaying the fire hall/public works
building bonds as discussed as part of the 2014 budget. The resolution approves paying all of the
September 17,2013
Scandia City Council
Page 5 of 7
bonds due in 2015 ($110,000) and a portion of the bonds in 2014 ($65,000). The call date of the
bonds is December l, 2013.
Simonson, seconded by Swanson, moved to adopt Resolution No. 09-17-13-03, A Resolution
Providing for the Prepayment and Redemption of Certain Outstanding General Obligation
Building Crossover Refunding Bonds of the City (Originally Issued by the Town of New
Scandia). The motion carried 5-0.
EMERGENCY VEHICLE DESIGNATION FOR FIRE CHIEF TRUCK
The purchase of a Chie�s vehicle has been in the CIP for several years. Fire Chief Hinz
explained a proposal to designate his personal vehicle as an Authorized Emergency Vehicle as a
less costly way for the City to obtain the benefit of the Fire Chief responding directly to calls.
Hinz noted the advantages of arriving directly to the scene of an auto accident or structure fire
and giving him time to assess the situation and formulate a plan of attack when fire and rescue
crews do arrive.
Hinz described the MN State Patrol's application procedure. Additional liability coverage on the
City's policy is needed, at a cost of approximately $10 per year. LED lights could be purchased
at a cost of no more than $2,000 and would be installed by Hinz. These funds would come from
the department's 2014 operating budget.
Council member Schneider asked if Hinz would be reimbursed for mileage. Hinz answered that
mileage within the city limits is not reimbursed according to the city's policy. Mayor Simonson
asked about the operating costs to maintain his personal vehicle. Hinz replied that the benefits of
arriving first on scene outweigh the costs of a few oil changes which he would be responsible
for.
The Council offered their appreciation to Hinz for using his personal vehicle in this manner.
Ness, seconded by Lee, moved to approve the submission and letter of support to designate
Fire Chief Hinz's personal vehicle as an Authorized Emergency Vehicle. The motion
carried 5-0.
RESOLUTION TO RESCIND SPEED LIMIT AUTHORIZATION (RESOLUTIONNO.
09-17-13-04)
At their April meeting, the Council passed a resolution requesting speed studies on certain
roadways, including the Bliss area. Administrator Handt explained that MnDOT responded with
a recommendation to rescind previous speed authorizations issued for the Bliss roadways in
1974, at which time some sections were authorized as a 20 mph limit. In a 1992 speed study, a
portion of those authorizations were rescinded but not all. Handt noted that by reverting to the
state standard of 30 mph, it would save City funds because speed limit signs would not be
required.
The Council asked Deputy Majeski if he approved of this, as some sections are narrow and
winding. Majeski replied that he doesn't foresee problems; residents let drivers know that their
September 17,20]3
Scandia City Council
Page 6 of 7
speeds are too fast in their neighborhood. Public Works Director Kieffer noted that removing the
20 mph signs makes the speeds consistent throughout the roadways in the Bliss.
Simonson, seconded by Swanson, moved to adopt Resolution No. 09-17-13-04, Requesting
MN/DOT Rescind Speed Authorizations for Roads in the Bliss Development. The motion
carried 5-0.
AUTHORIZE ADVERTISING AND INTERVIEWING FOR SEASONAL PUBLIC
WORKS STAFFING
Public Works Director Kieffer requested authorization to advertise and interview part-time
seasonal employees to help with snow plowing. Kieffer stated that he would like to hire at least
three people for this position in order to have adequate staffing for snow events this winter. The
pay rate would be the same as last season ($14.28 to $l 7.34/hour).
Simonson, seconded by Ness, moved to authorize staff to advertise for on-call, part-time
seasonal maintenance workers for snowplowing and delegate the interview process to staff.
The motion carried 5-0.
ROAD RIGHT-OF-WAY ON 228T" STREET
Public Works Director Kieffer explained that Xcel Energy needs to run poles along the south
side of 228`�' Street east of Lofton Avenue, but the City does not own any right-of-way along this
roadway. Two large agricultural parcels owned by Roger Larson border the roadway.
A ROW Dedication Agreement was prepared in which Larson would donate the ROW to the
City in exchange for having the City mow the ROW at least once each year and to allow the
existing fence to remain within the ROW. City Attorney Vivian noted that the agreement allows
for title issues to be resolved before it goes into effect.
Simonson, seconded by Lee, moved to approve the Right of Way Agreement with Roger
Larson. The motion carried 5-0.
CONTRACTOR'S REQUEST FOR PAYMENT NO. 1, 2013 SEAL COAT PROJECT
City Engineer Goodman presented Payment Request No. 1 from Fahrner Asphalt Sealers for the
2013 Seal Coat Project. A second sweeping and restriping a double yellow solid line remains to
be completed. Goodman reported that the project came in approximately $10,000 under the bid
price.
Simonson, seconded by Lee, moved to approve the Contractor's Request for Payment No. 1
in the amount of$154,700.55 for the 2013 Seal Coat Project. The motion carried 5-0.
ORDINANCE NO. 144 SOCIAL HOST ORDINANCE
At the September 10" work session the Council heard a presentation from Rose Hauge and
directed staff to place approval of a draft Social Host Ordinance on the Council agenda.
Administrator Handt provided a summary of the ordinance that would make it unlawful to
provide an environment where underage drinking takes place.
September 17,2013
Scandia City Council
Page 7 of 7
Mayor Simonson stated that anything to keep youth safe is a good thing, and the ordinance will
help the Deputy do his job.
Simonson, seconded by Swanson, moved to adopt Ordinance No. 144, Establishing a Social
Host Ordinance.
Council inember Lee stated that he sees it as redundant law because if people are not obeying
current laws to not provide alcohol to minors, they likely will not obey this one. Lee said that
there could be legal expenses for the City if enforcement was challenged.
Ness stated that he believes it's a good idea and a deterrent to underage drinking.
Schneider said that he is on the fence,but supports it as a tool for the deputy.
Simonson called for a vote on the above motion. The motion carried 4-1, with Lee opposed.
RESOL UTION NO. 09-17-13-06
Attorney Vivian explained that approving a resolution to publish a summary of the Social Host
Ordinance is not a vote on the merits of the ordinance, but a cost savings for the City to only
publish a summary.
Simonson, seconded by Swanson, moved to adopt Resolution No. 09-17-13-06, Providing a
Summary Publication of Ordinance No. 144, An Ordinance Establishing a Social Host
Ordinance. The motion carried 5-0.
DRAFT FALL NEWSLETTER
Council reviewed a draft copy of the fall newsletter, to be sent to all Scandia residents in early
October. Administrator Handt noted that a picture of Fire Chief Hinz will be added, along with
notice of a winter survival workshop offered during Vinterfest by polar explorer Ann Bancroft.
Simonson, seconded by Ness, moved to approve the fall newsletter with the noted additions.
The motion carried 5-0.
ADJOURNMENT
Ness, seconded by Swanson, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 8:32 p.m.
Respectfully submitted,
Brenda Eklund
Depury Clerk