11-03-09 Council
November 3, 2009
A regular meeting of the Scandia City Council was held on the above date. Mayor Seefeldt
called the meeting to order at 8:02 p.m. The following council members were present: Council
members Connie Amos, Pete Crum, John Lindell, Dolores Peterson and Mayor Dennis Seefeldt.
Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Building/Code
Enforcement Official Steve Thorp, Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA
Peterson, seconded by Amos, moved to approve the agenda as presented. The motion
passed unanimously.
PUBLIC HEARING – CERTIFICATION OF UNPAID CHARGES FOR 201 SEWER
SYSTEM FOR COLLECTION WITH PROPERTY TAXES (RESOLUTION 11-03-09-01)
A public hearing was held for the purpose of allowing property owners with unpaid charges to
the 201 Community Sewage Treatment System the opportunity to object to the certification of
unpaid charges. This is done in accordance with Ordinance #108.
Mayor Seefeldt opened the public hearing. There were no comments and the hearing was closed.
Peterson, seconded by Amos, moved to adopt Resolution 11-03-09-01, Certifying Unpaid
Charges for 201 Community Sewage Treatment for Collection with Property Taxes. The
motion passed unanimously.
PUBLIC HEARING – VACATION OF DRAINAGE AND UTILITY EASEMENT, LOT 1,
BLOCK 1, THE SANCTUARY (RESOLUTION NO. 11-03-09-02)
Brad and Sonia Borg have requested that the drainage and utility easement for their vacant lot in
The Sanctuary be vacated by the City. State statutes allow cities to vacate easements that are no
longer needed by the city. The preliminary plat included an easement for a storm water detention
pond for the subdivision. The drainage plan was changed so that the pond was not needed, but
the easement was not removed from the final recorded plat. The City Engineer confirmed that the
pond has been moved and the easement no longer needed for that purpose.
On October 6 the Council agreed to schedule a public hearing. All utility, governmental agencies
and other property owners in The Sanctuary were notified of the hearing.
Mayor Seefeldt opened the public hearing. There were no comments and the hearing was closed.
Crum, seconded by Peterson, moved to adopt Resolution 11-03-09-02, Vacating a Drainage
and Utility Easement on Lot 1, Block 1, The Sanctuary. The motion passed unanimously.
The Planning Commission meeting was called to order at 8:30 p.m. The following were
present: Commission Chair Chris Ness, Commissioners Tom Krinke, Christine Maefsky,
Susan Rodsjo and Peter Schwarz. Staff present: Planner Berry Farrington, TKDA.
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TOM AND ANN MADDOX – VARIANCE REQUEST FOR 18785 LAYTON AVENUE
(RESOLUTION 11-03-09-03)
Tom and Ann Mattox have requested variances to allow for the construction of a detached
garage 528 square feet in size on property located at 18785 Layton Avenue, with frontage on Big
Marine Lake. There is currently an existing house and one shed on the property. The applicants
propose to remove the shed and a portion of the deck. Variances for right of way setback,
Ordinary High Water level setback, lot size and lot width were requested.
Planner Farrington presented the planner’s report, which recommended approval of the request
with findings and conditions which were incorporated into a draft resolution. The applicant’s
submitted plans proposed a two-car garage located 6.1 feet from the right of way on Layton
Avenue. Farrington recommended the garage be further set back from the right of way to address
safety issues. A fifteen foot setback was recommended which is consistent with recent
precedence. As a longer driveway would increase the amount of impervious surface, Farrington
recommended that the size of the garage be reduced so that the covered areas not exceed 25% of
the lot. Farrington gave several options to minimize the variances, such as constructing an
attached garage 441 square feet in size, away from the lake on the west side of the existing
house.
Planner Farrington explained that an OHW setback of 53 feet instead of the required 100 feet,
would allow for an attached garage. Variances for lot size (0.14 acres) and lot width (64 feet) are
also required.
Commissioner Schwarz felt that an attached garage would be the most logical. In further
discussion, Tom Mattox explained that the driveway would not be solid; rather strips of grass
would separate the wheel tracks. The applicants indicated that they would review the building
options available to meet the conditions of the variance.
Chairman Ness opened the public hearing. There were no comments and the hearing was closed.
Commissioner Krinke questioned why a driveway 18 feet in length, a typical parking place, is
not designated in the recommendation. Planner Farrington explained that fifteen feet is a safe
margin and is consistent with past approvals. There is a wide right of way on Layton Avenue.
Council member Lindell stated that he had a hard time justifying the case of hardship and asked
if there was a legal determination in this case. Planner Farrington stated that the findings of fact
conform to the city’s standards of approving a variance as described in the zoning ordinance.
City Attorney Hebert explained that the planner is following the criteria correctly as defined by
state statute and the city’s development code.
Council member Lindell asked what were the standards when the lot was developed. City
Attorney Hebert stated that when the lots on Big Marine Lake were created in the 1950’s, there
were no zoning regulations in place at that time. The small lots of the subdivisions were intended
for cabins and trailers. Once the standards of the Development Code were adopted, the lots were
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considered non-conforming but not created by the property owner. Improvements to the lots do
not meet the current setback requirements, therefore requiring a variance request.
Commission Chair Ness stated that removing part of the deck and building the garage off the
lakeside is an improvement to the property. He felt it vital to locate the building 15 feet off the
right of way.
The Planning Commission recommended to the City Council approval of draft Resolution 11-03-
09-03 as presented.
Crum, seconded by Amos, moved to adopt Resolution 11-03-09-03, Approving Variance for
18785 Layton Avenue. Voting in favor: Peterson, Crum, Amos, Seefeldt. Voting opposed:
Lindell. Motion passed 4-1.
PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT — CAPITAL
IMPROVEMENT PROGRAM UPDATE, 2010-2014 (RESOLUTION 11-03-09-04)
City Administrator Hurlburt presented a report on the draft Capital Improvement Program (CIP)
for the years 2010 to 2014. The CIP is a required element of Comprehensive Plan and changes
must be adopted using the same procedure as an amendment to the plan, including a public
hearing by the Planning Commission. A draft CIP was prepared based on input from the Capital
Improvements Committee and from direction based on City Council discussions.
The updated draft CIP noted two changes that affect 2009 expenditures: 1) Replacement of
Rescue Vehicle 5179 (change timing from 2010 to 2009 and 2010); and 2) Construction of a
Salt/Sand Shelter (change timing from 2011 to 2009 and reducing cost from $60,000 to
$20,000).
Commission Chair Ness opened the public hearing.
Terry Brindley, 23450 Melanie Trail: Mr. Brindley stated that the city should build a storage crib
east of the Public Works building for the purpose of storing salt during the winter season. It is a
safety issue to make sure roads are maintained properly and material is available when needed.
Administrator Hurlburt explained that there is a slab and existing walls at the site for this
purpose, and different options have been looked at to build a cover. A fabric cover-all system
could be built for an estimated $20,000, or at an increased cost of over $60,000 for a wooden
structure. If approved in the CIP amendment for 2009, the next step is to amend the budget in
December.
Lisa Schlingerman, 20661Quint Avenue: Ms. Schlingerman stated that a fabric covered building
is not in keeping with the Comprehensive Plan, and yet $60,000 is a substantial amount of
money for a storage building. How does the cost of the building compare to the cost of traveling
to Stillwater to load the salt/sand mix? Administrator Hurlburt stated that an ordinance
amendment could be granted to allow for this type of building for this exclusive purpose. The
council can decide on the amount of money to spend on the building, but the cost to drive to the
County facility is not the determining issue. It is the time factor of having the snowplow trucks
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off the city roads and traveling to load salt during snow events that is critical. The city is also
dependent on the county’s operating hours and availability.
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Pam Arnold, 16560 220 Street: Ms. Arnold questioned the longevity of a fabric building.
Administrator Hurlburt stated that the proposed building has a 15-year warranty on the fabric.
Salt/sand storage is a common use for this type of structure; a metal building is subject to
corrosion.
Terry Brindley: Mr. Brindley felt there are good reasons to construct an on-site storage building
and hopes the issue gets resolved.
Chairman Ness closed the public hearing.
Commissioner Schwarz questioned why the CIP includes funds for a Fire Chief vehicle in 2011.
Administrator Hurlburt explained that this purchase is in the 2009 budget and is being
reevaluated by the current fire chief. Anticipated donations did not materialize and the purchase
was not made this year. The reasoning to provide the chief a car was based on safety concerns of
traveling to a rescue call in an unmarked vehicle.
Council member Peterson stated that she was against building a hoop style structure with a
plastic cover. If the ordinance is amended to allow hoop structures for government use, it follows
that residents will ask to construct this type of building. This building type should remain as
unallowable. Peterson suggested leaving $60,000 in the CIP for a wooden salt/sand storage
building.
Administrator Hurlburt explained that staff was directed to provide cost options and council will
determine how to prioritize the project. The issue being considered is either to leave it in the
2011 CIP or move up to a 2009 expenditure.
Commissioner Rodsjo asked if the cover-all structure would be left up year round, where is the
site and would it be visible from the road. Administrator Hurlburt answered that yes, it is
intended to remain in place. The site is on the northwest corner of the Public Works/Fire
Department building. The visibility depends on the direction of travel on Highway 97. There
would more of a view when traveling westbound. Rodsjo asked if the material could be stored
uncovered. Hurlburt relayed information from Public Works Supervisor Morrison that salt/sand
mix left uncovered picks up moisture and freezes solid which then cannot be handled in the
spreader device.
Commissioner Rodsjo voiced agreement with Council member Peterson that a hoop building
goes against the city’s design standards and a long term plan should be evaluated that would
conform to the same standards that residents are asked to follow. Rodsjo suggested that a portion
of funds be allowed for a design study first in 2010, followed by bidding the plan out for
construction in 2011.
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Commissioner Krinke stated that having salt/sand material on-site is in the interest of public
safety. Design standards should take a backseat to the responsibility of citizen safety.
Commissioner Rodsjo asked why the pedestrian connection from Hawkinson Business Park to
the Village Area, which was identified for development in the Comprehensive Plan, was not
included in the CIP. Administrator Hurlburt stated that this project is not specific enough in
detail to have the project defined. It’s vague at this point, but could be added to the pending list
of projects. Rodsjo also commented that it is imperative that the city designate funds for the
maintenance of roads. Rodsjo is in favor of including funds in the CIP for these projects.
Council member Lindell questioned the office space study proposed for 2010 in the amount of
$18,000. Lindell is not in favor of proceeding with this project if the funds are not available to
follow through with construction. Administrator Hurlburt stated that the project includes a needs
analysis as the first step to determine the permanent solution for additional space. Determining
the scope of the project gets numbers in the budget for long range expansion needs.
Commissioner Rodsjo stated that it is a necessity to have additional space down the road. A
needs study is an important first step, resulting in long range planning. Money is not wasted on
smaller projects that are done just to get by.
Rodsjo, seconded by Maefsky, moved to amend the draft CIP to include $15,000 towards a
design/engineering plan for a permanent wooden salt/sand structure in 2010 and $60,000 for
construction in 2011.
Commissioner Schwarz commented that problems with snow removal operations will continue
for the next few winters if this project is delayed. Commissioner Krinke agreed that the project
should start in 2010.
Rodsjo, seconded by Maefsky, moved to amend the above motion which would amend the CIP
to include $60,000 in 2010 for construction of a permanent storage building, Project #PW-011,
which is in line with the Comprehensive Plan. The amended motion passed with Schwarz
abstaining.
A vote was taken on the main amended motion. Voting in favor: Schwarz, Rodsjo, Maefsky,
Krinke. Voting opposed: Ness. The motion passed 4-1.
Ness, seconded by Krinke, moved to amend the draft CIP to delay the office space study, Project
#A-001, to 2011. Voting in favor: Schwarz, Ness, Krinke. Voting opposed: Rodsjo, Maefsky.
The motion passed 3-2.
Rodsjo, seconded by Maefsky, moved to amend the draft CIP to include a pedestrian connection
from Hawkinson Business Park to Olinda Trail in the Village Area as a pending project. The
motion passed unanimously.
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Rodsjo, seconded by Schwarz, moved to recommend to the City Council adoption of the draft
CIP with the following amendments: 1) Designate $60,000 in funds for Project #PW-011
(salt/sand storage facility) in 2010; 2) Designate $18,000 for Project #A-001 (City meeting/office
space study) in 2011; 3) Designate a trail connection from Hawkinson Business Park to the
Village Area as a pending project. The motion passed unanimously.
Peterson, seconded by Lindell, moved to adopt Resolution 11-03-09-04, Amending the
2008-2030 Scandia Comprehensive Plan, with amendments to the CIP as recommended by
the Planning Commission.
Crum, seconded by Seefeldt, moved to amend the motion to designate Project #A-001 (City
meeting/office space study) to the year 2010.
Council member Crum felt it was important to retain this project as a priority in order to keep it
in budget considerations. Mayor Seefeldt agreed, stating the importance to begin long range
planning.
Voting in favor to amend the original motion: Peterson, Crum, Amos, Seefeldt. Voting
opposed: Lindell. The motion passed 4-1.
The motion to adopt the original motion as amended passed unanimously.
A summary of the amendments to the draft CIP as prepared for the hearing are as follows: 1)
Designate $60,000 in funds for Project #PW-011 (salt/sand storage facility) in 2010; 2)
Designate a trail connection from Hawkinson Business Park to the Village Area as a pending
project.
REPORT FROM THE TRANSFER OF DEVELOPMENT RIGHTS COMMITTEE
Commissioner Maefsky, chair of the Transfer of Development Rights Committee, reported on
the findings and recommendations of the Committee. The Committee met seven times beginning
in May 2009. TDR was evaluated as a tool for achieving the Comprehensive Plan’s land use
goals. Specified criteria were identified for parcels within the sending and receiving areas. The
Committee’s recommendations will be discussed in detail early in the process of updating the
Development Code.
DEVELOPMENT CODE UPDATE – SET WORKSHOP MEETING DATE
The City adopted its Comprehensive Plan in March 2009. Cities are required to update zoning
and subdivision regulations within 9 months of the plan’s adoption. The Planning Commission
and City Council will meet in a joint workshop to begin discussion on key issues regarding the
Development Code update. A meeting date of December 2, 2009 at 6:00 p.m. was selected for
this work session.
UPDATE ON TOWER BARN (HILLTOP WATER COMPANY BUILDING)
Commissioner Rodsjo reported on the status of the Tower Barn, Hilltop Water Company’s well
building. The Board of the water company agreed to contract with an engineer for a structural
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assessment of the building. Administrator Hurlburt stated that investigation of insurance costs
indicate that the building could be insured for a minimal cost, but including the well supply as a
liability is a concern. Discussion on the city’s interest in purchasing the building will continue
once the structural analysis and refurbishing costs are known.
Peterson, seconded by Amos, moved to adjourn the meeting. The motion passed
unanimously.
The meeting adjourned at 11:02 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk