11-16-10 Council
November 16, 2010
A regular meeting of the Scandia City Council was held on the above date. Mayor Seefeldt
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 Connie Amos, Pete Crum, Chris
Ness, Dolores Peterson and Mayor Dennis Seefeldt. Staff present: City Administrator Anne
Hurlburt, City Attorney Dave Hebert, Building Official/Maintenance Supervisor Steve Thorp,
Police Deputy Chris Majeski, Treasurer Colleen Firkus and Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA
Peterson, second by Ness, moved to approve the agenda as presented. The motion carried
5-0.
APPROVAL OF CONSENT AGENDA
The following consent agenda was presented:
a) Minutes
1) October 19, 2010 Regular Meeting
2) October 27, 2010 Special Meeting
3) November 3, 2010 Meeting with Planning Commission
4) November 9, 2010 Special Meeting
b) Treasurer’s Report
Beginning Balance 10/01/10 $1,668,082.88
Receipts + 102,121.52
Expenditures 62,752.69
Payroll 30,297.99 - 93,050.68
Adjustments: Safe Deposit Box charge - 35.00
Drafted 9/24, but in 10/19/10 batch 404.46
Ending Balance 10/31/10 $ 1,677,523.18
c) Payment of Vouchers
d) 2011 Tobacco License Renewal, AJL Enterprises dba Scandia Olde Towne Liquor
e) 2011 Liquor License Renewal, AJL Enterprises, Inc. dba Scandia Olde Towne Liquor
(Off-Sale)
f) Agreement for Subsurface Sewage Treatment System Inspection Services with
Washington County
g) Special Event Permit for Scandia Clinic Grand Opening (November 20, 2010)
Crum, second by Ness, moved to approve the Consent Agenda as presented. The motion
carried 5-0.
PARK AND RECREATION COMMITTEE
Park and Recreation Committee Chair Alex Bildeaux reported that the committee is working on
the Vinterfest event, and will be planning some new activities this year. Vinterfest, an annual
event, will be held on February 5, 2011.
November 16, 2010
Scandia City Council
Page 2 of 4
POLICE DEPARTMENT
Deputy Chris Majeski reported on the past month’s police activity. There have been a number of
traffic accidents. A theft occurred at the Big Marine Lake Store in which the lock to the propane
tank storage cage was broken and over a dozen propane tanks were stolen.
FIRE DEPARTMENT
The council received the Fire Department’s activity report. The department is hosting an auto
extrication drill for surrounding fire departments. The Safe Halloween event was very successful.
The Lions served over 375 people.
BUILDING OFFICIAL/MAINTENANCE SUPERVISOR
Building Official/Maintenance Supervisor Steve Thorp reported that four new residential permits
were issued in October. The Scandia Clinic received their final inspection. Construction of the
salt/sand storage building will begin in late November. Gravel was added to Pilar Road, Parade
th
Avenue and 197 Street.
2011 INSURANCE COVERAGE RENEWAL
The renewal date for insurance coverage provided by the League of Minnesota Cities Insurance
Trust (LMCIT) is December 1, 2010. The final cost of coverage will be determined based on
coverage selected by the city. In 2010, the premium was $30,035, with a portion returned to
member cities. Scandia received a dividend return in 2009 of $4,900.
JoAnn Buse, agent with Security State Agency, was present to answer any questions the council
had concerning the policy.
The City Council must decide each year whether to waive the statutory monetary limit on tort
liability. Most communities do not waive the limit. Scandia did not waive the limit in 2009 and
2010. The City saves approximately $584 per year on liability insurance premiums by not
waiving the limit. City Administrator Hurlburt recommended the tort liability limit not be waived
for the 2011 insurance renewal.
Peterson, second by Crum, moved to not waive the tort liability limits on the LMCIT
insurance coverage for 2011. The motion carried 5-0.
Staff investigated the possibility of increasing the current $500 deductible to $1,000, and found
that it would save about $1,800 annually. The city’s claim history was discussed. Over the last
three years, the city has submitted six insurance claims. Ms. Buse explained that with a $1,000
deductible, a net savings can be had when there are no more than three claims per year. Most
cities she works with choose a $500 deductible.
Council members Crum and Peterson felt that the deductible should remain at $500 per claim, as
it is impossible to predict future claims. Council members Ness and Amos favored a $1,000
deductible.
November 16, 2010
Scandia City Council
Page 3 of 4
Crum, second by Peterson, moved to renew insurance coverage with LMCIT for 2011 and
retain the $500 per claim deductible. The motion carried 4-1, with Ness opposed to the
motion.
EXTENSION OF AGREEMENT WITH JOSEPH AND AMY CHILDERS, 10861
MAYBERRY TRAIL, TO ALLOW SECONDARY RESIDENCE
In 2005, a second residence was constructed on Joseph and Amy Childer’s property, 10861
Mayberry Trail, in violation of the Development Code. The Township and the property owner
entered into an agreement which allowed them to retain the structure as a residence for an elderly
family member up to 5 years. The agreement period ends on December 6, 2010. Mr. and Mrs.
Childers have asked that the city extend the agreement to allow the residence to be occupied for
up to ten years or the death of their mother, whichever occurs first. Upon the agreement’s end,
the property must be brought into compliance by disconnecting the dwelling from the septic
system.
Staff recommended that an extension of the agreement appears to be the proper procedure.
Peterson, second by Seefeldt, moved to extend the agreement between the City and Amy
and Joseph Childers to allow a secondary residence at 10861 Mayberry Trail for up to ten
years with the following conditions:
1. that the City Attorney be directed to prepare a new agreement to be recorded at
Washington County, specifying the terms of the extension. The terms should
include continuation of the $5,000 letter of credit to guarantee disconnection of the
dwelling from the sewer system and conversion of the structure to a conforming use
(and accessory building) at the end of the time limit, when the family member
ceasing to occupy the dwelling or upon sale of the property, whichever occurs first;
and
2. that the Childers shall be required to pay the city’s costs for preparing and
recording the new agreement; and
3. that the Mayor and Administrator/Clerk be authorized to sign the agreement on
behalf of the City.
The motion carried 4-1, with Amos opposed to the motion.
VACANCIES ON CITY ADVISORY COMMITTEES
Terms on several city advisory committees will be expiring on February 1, 2011. Council
discussed the process of advertising and interviewing candidates. Staff was directed to advertise
for openings on the Park and Recreation Committee, Capital Improvements Committee and
Planning Commission, as well as nominees for watershed board positions and the cable
television commission. Applications will be accepted until December 30, with interviews to be
held sometime in January.
Peterson, second by Seefeldt, moved to authorize staff to advertise for applicants to fill
vacancies on several city advisory committees and commissions. The motion carried 5-0.
November 16, 2010
Scandia City Council
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AMENDMENT TO CONSULTING AGREEMENT WITH AECOM TECHNICAL
SERVICES, INC. FOR PREPARATION OF THE ZAVORAL MINING AND
RECLAMATION PROJECT ENVIRONMENTAL IMPACT STATEMENT (EIS)
In March 2010, the City approved an agreement with AECOM Technical Services to prepare an
Environmental Impact Statement for the Zavoral Mining and Reclamation Project, with total cost
and fees of $318,394. Tiller Corporation, the proposer, is required to pay the full cost.
Due to significant delays of Tiller’s failure to provide information critical to the EIS, AECOM
has requested that an amendment to the contract be approved to cover the increased costs of the
prolonged study. The cost increase proposed is $59,331. Council was presented with the contract
modification which outlined the additional increases in task costs.
Kerian Dwyer, representative of the citizen group TACOS (Take Action – Preserve Our
Scandia), addressed the council with a request to deny any action on the contract. Mr. Dwyer
questioned the timeline for the EIS and whether legal requirements are being met.
Mayor Seefeldt requested that Mr. Dwyer submit his findings to the City, and stated that the
issues should be further researched. City Attorney Hebert will respond to Mr. Dwyer’s findings
at the December 7 Council meeting.
Ness, second by Crum, moved to table the request from AECOM to amend the consulting
agreement for increased services in the preparation of the Zavoral EIS. The motion carried
4-1, with Amos opposed to the motion.
ADJOURNMENT
Peterson, second by Ness, moved to adjourn the meeting. The motion carried 5-0.
Respectfully submitted,
Brenda Eklund
Deputy Clerk