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06.a1 Draft minutes 10-17-2023 Meeting October 17, 2023 A regular meeting of the Scandia City Council was held on the above date in the Council Chambers. The meeting was conducted in-person and over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Acting Mayor Steve Kronmiller called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, roll call was taken. The following were in attendance: Council members Heather Benson, Jerry Cusick, Steve Kronmiller, and Mike Lubke. Mayor Christine Maefsky was absent. Staff present: City Administrator Kyle Morell, City Attorney Eric Larson, City Planner TJ Hofer, City Engineer Ryan Goodman, Deputy Henry Gibney, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Benson, seconded by Cusick, moved to approve the agenda. The motion carried 4-0. LAW ENFORCEMENT REPORT Deputy Henry Gibney reported on the statistics for Scandia calls, incidents and citations issued in September. PUBLIC FORUM Scandia Good Neighbor Proclamation – Dale Hanka Dale Hanka, nominated by the Scandia Parks and Recreation Committee for building the Little Free Library located at Lilleskogen Park, was awarded a Scandia Good Neighbor Proclamation. The library is styled to look like the historical Scandia water tower. There were no public comments, and the Public Forum was closed. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) September 19, 2023 Regular Meeting 2) October 4, 2023 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve Agreement for Law Enforcement Services with Washington County Sheriff’s Office e) Approve Hiring Seasonal Rink Attendants Benson, second by Cusick, moved to approve the Consent Agenda as presented. Motion carried 4-0. Scandia City Council October 17, 2023 Page 2 of 7 PARK & RECREATION COMMITTEE Barton Johnson Tennis Court PRC Chair Terry Gorham reported that the Committee is recommending staff investigate an agreement with Elim Church and the Barton Johnson Park Board which would allow the City to assist with reconstructing the tennis courts at the Barton Johnson Park. The public court is not playable in the current condition. Gorham explained that the goal is to convert the Community Center courts to full-time pickleball courts, and rebuild the Barton Johnson court for tennis players. Gorham noted that Elim Church would not transfer its ownership of the park property to the City. Kronmiller, second by Benson, moved to direct staff to investigate an agreement with Elim Church and the Barton Johnson Park Board for reconstruction of the Barton Johnson tennis court. Carried 4-0. PLANNING COMMISSION Variances at 18650 Norell Avenue. Applicant Theresa Decker. Resolution No. 10-17-23-01 City Planner Hofer presented the recommendation from the Planning Commission to approve variances to construct a new home on a non-conforming lot at 18650 Norell Avenue, with staff findings and conditions prepared in a resolution. The proposed structure encroaches into the setback from the ordinary high-water level by approximately 51 feet and the front yard setback by approximately 20 feet. Hofer explained that the request is consistent with the Unified Development Code and the 2040 Comprehensive Plan. Hofer noted that the Commissioners discussed reducing the size of the house or moving it closer to the road. However, the UDC has no standard for determining a structure’s maximum size other than total impervious surface allowed on a lot, and the applicant explained that moving closer to the road would create more grading and removal of trees. There is an existing structure on the lot with no history of being permitted. Hofer said the applicant is working with the Watershed District to relocate the shed, and will need to remove the shed if no solution is found. Theresa Decker, applicant, described the proposed house as a modest 3 bedroom, 2-½ bath home, saying they are working extensively with the Watershed to meet buffer requirements. Decker said they are asking for the home to be placed as shown on the survey, measuring approximately 120’ from the visible shoreline; the OWHL measures the setback at 50.97-feet. The Planning Commission asked us to move closer to the road, but there are extra challenges of the grade and vegetation removal. Decker said it’s important to us to prioritize the trees on the lot. Planner Hofer explained that on page 12 of the staff report, the City Engineer’s recommendation that the City should require a five-foot drainage and utility easement along the entire eastern property line to allow for private utilities to be located within that area due to the road being so close to the property line should have been a condition of approval. Hofer recommended the Council amend the resolution to add this easement dedication condition. Scandia City Council October 17, 2023 Page 3 of 7 Planner Hofer explained that staff received an email from Mr. Paul Richert asking why UDC standards D and E for nonconforming lots were not included in the evaluation. Hofer said he replied to Mr. Richert that neither of these criteria are issues for the development of this lot. Benson, second by Cusick, moved to adopt Resolution No. 10-17-23-01 Approving a Variance for Construction of a Single-Family Dwelling on a Nonconforming Lot Located at 18650 Norell Avenue with an amendment to add a condition to require a five-foot drainage and utility easement along the entire eastern property line. Motion carried 4-0. Conditional Use Permit for a Local Service Solar Energy System at 14025 185th Street. Applicant Wolf River Electric, on behalf of property owner Brian Rigwald. Resolution No. 10- 17-23-02 Planner Hofer presented the recommendation from the Planning Commission to approve a Conditional Use Permit for a local service solar energy system at 14025 185th Street to cover approximately 1,540 sq. ft. of land where 800 sq. ft. is permitted by right. Hofer noted that at the public hearing on October 3rd, a neighbor had concerns over the lack of screening from his adjacent property. Hofer explained that the Unified Development Code only requires that a local solar energy system is screened from the road right-of-way. Hofer said this system will be screened from the road with existing topography of the site. Findings and conditions of approval were presented in a resolution. Brian Rigwald, applicant, addressed the neighbor’s concern. Rigwald said the neighbor’s house is 500 feet away, with a cornfield, barn and row of trees in between, saying he didn’t think this an issue when determining placement of the solar panels. Rigwald said that after the meeting he reached out to his neighbor with an offer to plant a row of lilac shrubs to screen the panels, which the neighbor thanked him for. Lubke, second by Cusick, moved to adopt Resolution No. 10-17-23-02 Approving a Conditional Use Permit for a Local Service Solar Energy System at 14025 185th Street. Motion carried 4-0. Conditional Use Permits for three separate 1-MW Distribution Solar Energy Systems at 10929 Scandia Trail. Applicants SunVest Solar, New Energy Equity, and Gordian Energy Systems on behalf of property owners Michael Lubke and Molly Minogue. Resolution Nos. 10-17-23- 03, 10-17-23-04, and 10-17-23-05 Council member Lubke, property owner for this application, exited his Council seat and recused himself from the meeting and was not a participant in the Council discussion. Planner Hofer presented the recommendation from the PC to approve three separate Conditional Use Permits for separate 1-MW distribution solar energy systems at 10929 Scandia Trail. Hofer explained that this will be the second principal use on the property. Based on historical approvals of these distribution solar systems on residential properties, Hofer said he would recommend amending the zoning code in the future to clear up the inconsistency and the conflicting language. Scandia City Council October 17, 2023 Page 4 of 7 Planner Hofer said the solar developers addressed the main issues related to screening plans, planting mixes, and fencing that were identified at the October 3rd Planning Commission meeting. The appropriate plans have all been submitted, with the vinyl fence updated to a wooden fence to meet approval for screening. Patrick Dalseth, Sunvest Solar, said the staff report covered the description of the project quite thoroughly, and he can answer any questions the Council or staff may have. Council member Benson said she visited the site. The solar panels will be well screened and visibility will not be an impact. Council member Kronmiller agreed, saying the panels should not be visible from the road right-of-way. Cusick, seconded by Benson, moved to adopt Resolution Nos. 10-17-23-03, 10-17-23-04, and 10-17-23-05 Approving Conditional Use Permits to SunVest Solar, New Energy Equity and Gordian Energy for Distribution Solar Energy Systems at 10929 Scandia Trail. Motion carried 3-0. Lubke abstained from voting. Parks, Recreation, and Open Space Master Plan -- Amendment to the 2040 Comprehensive Plan. Resolution No. 10-17-23-06 Adopting the Parks Master Plan; Resolution No. 10-17-23- 07 Authorize Submittal of the Comprehensive Plan Update to the Metropolitan Council City Administrator Morell presented the Parks, Recreation, and Open Space Master Plan for approval, as recommended by the Planning Commission. The purpose is to replace the existing 2006 Comprehensive Parks, Trails, Open Space, and Recreation Plan, as well as update the priorities listed in the 2040 Comprehensive Plan. The new Plan requires the City to amend its 2040 Comp Plan through the Metropolitan Council. The Met Council has 60-120 days to do a full review after they determine the proposal is complete. Council member Kronmiller noted that when he joined the City Council seven years ago there was a concern of having no comprehensive parks plan. This new plan, over one and a half years in the works, has already had benefits for parks planning and will be useful in the future. Kronmiller, second by Benson, moved to adopt Resolution No. 10-17-23-06 Adopting the 2023 Parks Master Plan. Motion carried 4-0. Kronmiller, second by Benson, moved to adopt Resolution No. 10-17-23-07 Authorizing Submittal of the Comprehensive Plan Update to the Metropolitan Council. Motion carried 4-0. SCANDIA INTERNET ACTION COMMITTEE Council member Kronmiller reported on the September 21st IAC meeting. Midco presented an expansion plan for connecting the remaining households to high-speed broadband. Expansion in 2024 will be in an area around Big Marine Lake, and along Manning Trail to 230th Street. Midco has applied for another line extension grant between Lakamaga and Olinda Trail. Scandia City Council October 17, 2023 Page 5 of 7 TOURISM COMMITTEE Tourism Chair Sue Dickens participated over Zoom and reported that “Evening Adventures” is this Thursday, and they are hoping for a successful event for the businesses and shoppers. The banner design for Vinterlights! is being determined at the next meeting on October 24th. WASTEWATER COMMITTEE The Wastewater Committee met on October 11, 2023. Council liaison Cusick summarized the discussions on future funding and using water meters as the best way to monitor usage. Cusick said the consensus of committee are in favor of meters. 2024 Recommended Sewer Rates and Recommendation to install water meters in Big Marine Sewer District The proposed 2024 sewer budget calls for a 25% increase in the rate from 2023. Administrator Morell stated that the Committee discussed how to make the use of water meters to determine future sewer rates a possibility, and recommended Council direct staff to research the details of how this could work. Dan Cartier, Wastewater Committee member and seasonal resident on Norell Avenue, agreed the Committee is in favor of using water meters, but the City should mandate all users connect a meter and not make it optional. Cartier said he is an owner of a seasonal cabin on Big Marine Lake, and requested the council adjust the formula for 2024 rates for part-time users, by allocating less for seasonal users and slightly more for full-time and yet keep the revenue stream consistent. Cartier said allocation is fair, reasonable and equitable. City Administrator Morell said the concept for water meters is yet to be sorted out and discussed. No decision needs to be made this evening. Morell said before proceeding, staff will pull more information together and gather input from the users through a community meeting. A report will be given at a future meeting. BUILDING OFFICIAL The September building activity report was in the meeting packet. In September, 29 building permits were issued at a valuation of $880,563. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s September activity. Last month the department responded to 24 calls; 11 fire and 13 medicals. So far 225 calls have been logged this year. The Department hosted a memorial dedication on October 8th that was very well-attended, as was the Open House for Fire Safety Week on October 10th. Replacement Rescue Boat Fire Chief Hinz presented a proposal to replace the existing rescue boat with a Kann Manufacturing 18’ aluminum model, as recommended by the Department’s boat committee. The current Lund is aged and starting to leak. Hinz described the benefits of the proposed boat, being durable, sized appropriately, and more stable in the water, and is the type of boat used by the Washington County’s Sheriff’s Office. The manufacturer provided a quote of $50,869 for the Scandia City Council October 17, 2023 Page 6 of 7 complete boat package and trailer. Hinz noted that this is over the CIP budget of $38,000, but the Utility Truck replacement is under budget by $21,700. Council member Cusick asked if they considered something smaller to maneuver in the back waters of the river, such as an inflatable craft. Cusick said launching could be a problem, but the Kann is well-made and can withstand a lot of abuse for rescue use. Hinz said they have a banana boat for areas not easily accessible, and could consider a small inflatable in the future; it’s difficult to have one boat do everything you want, but this boat has the most pluses at a reasonable cost. Kronmiller, second by Lubke, moved to approve the purchase of a Kann Rescue boat and trailer at a cost of $50,869. Motion carried 4-0. CITY ENGINEER Engineer Goodman provided a written report and highlighted the Washington County Capital Improvement Plan comments in a draft memo to be sent to the County Board. The memo supports three projects proposed in the County’s 5-year CIP: Gateway Trail extension, County Road 50 improvements, and Big Marine Park Reserve improvements. Goodman said he added a request for intersection evaluation for safety improvements at Manning Trail and Highway 97. Council was in consensus to submit the memo to Washington County. DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities with tree removal on roadways occurring this past month, due to uprooted trees from wind and saturated ground. Installation of the new rink boards is scheduled for the end of the month. The department is doing seasonal crossover of equipment and fall maintenance tasks. CITY ATTORNEY Wyldewood Acres City Attorney Larson prepared a memo addressing the request made to the Council at their October 4th Work Session regarding Wyldewood Acres’ septic proposal. Administrator Morell explained that the Homeowner’s Association is looking for the city’s assistance to apply for state funding for the required improvements to the community septic system in the development, a costly project. Staff is researching if the city can file for a point source implementation program grant on behalf of the HOA and not have ownership of the system. Attorney Larson’s memo detailed options, and the legal issues to be addressed. Council member Kronmiller said it sounds good to offer help. Morell explained that there may be funding options for a low-interest loan for the project, and that staff will continue to investigate and report back at a future meeting. CITY ADMINISTRATOR City Administrator Morell reported on a recent DNR-Washington County meeting regarding the Gateway Trail. Soil borings and survey work should be completed this year. There will be a kickoff meeting on October 26th for the City Center study. Staff identified UDC provisions which did not make it into the court system in order to allow police to write citations for code Scandia City Council October 17, 2023 Page 7 of 7 violations; therefore, having no way to enforce the rules in the development code. Staff is working on getting these mechanics in place. CONSENT TO NOT WAIVE STATUTORY TORT LIABILITY LIMITS City Administrator Morell explained that cities that obtain liability coverage from LMCIT must decide annually whether to waive the statutory tort liability limits to the extent of the coverage purchased. Legal recommendation is to not waive tort liability limits. Kronmiller, second by Cusick, moved to not waive the monetary limits on municipal tort liability established by statute. Motion carried 4-0. CONSIDER A NEW ON-LINE PAYMENT VENDOR Treasurer Firkus recommended a new on-line payment vendor for better efficiency, lower monthly portal fees, and lower customer fees. The city has been using Payment Service Network since 2020, and has experienced more frequent difficulties with their system. A proposal from Nuvei was included in the meeting packet. Benson, second by Lubke, moved to approve a contract with Nuvei for on-line payments. Motion carried 4-0. NON-PROFIT RATE FOR HERITAGE ROOM RENTAL City Administrator Morell explained that a local non-profit group has asked for a non-profit rate for the smaller Heritage Meeting Room. The current rental policy for the Community Center only provides a non-profit rate of $150-$300 depending on the size of the event for use of the large Community Room. Staff recommended a rate of $50/day for use of the Heritage Room. Benson, second by Cusick, moved to amend the Community Center Rental Policy to add a non-profit rate of $50 for rental of the Heritage Room. Motion carried 4-0. VINTERLIGHTS FUNDING REQUEST Scandia-Marine Lions Club President Patti Ray requested a donation of up to $300 to assist with purchasing supplies for the November 26th Vinterlights! festival. Kronmiller, second by Benson, moved to support the funding request from the Scandia- Marine Lions Club for up to $300 for Vinterlights. Motion carried 4-0. ADJOURNMENT Cusick, second by Lubke, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:39 p.m. Respectfully submitted, Brenda Eklund City Clerk