5.a.1. August 16, 2016 Council Meeting draft minutesAugust 16, 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 Andy Pratt, Police
Deputy Brandon Yetter, Fire Chief Mike Hinz and Deputy Clerk Brenda Eklund.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA
Lee, seconded by Hegland, moved to approve the agenda as presented. The motion carried
5-0.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) July 19, 2016 Regular Meeting
2) August 3, 2016 Work Session
b) Treasurer's Report
Beginning Balance 07/01/2016
C)
d)
e)
f)
g)
Receipts
Expenditures $572,923.57
Payroll $25,483.65
Ending Balance 07/31/2016
Payment of Vouchers
$2,351,951.07
$1,273,351.12
$(598,407.22)
$3,026,894.97
Special Event Permit, Scandia Marine Lions, Taco Daze, September 10, 2016
Special Event Permit, Meisters, Taco Daze, September 9 and 10, 2016
Renewal of contract with the Lakes Area Youth Service Bureau for 2017 services
Firefighter Pay Increase for Completion of Probationary Period and Certification
Ness, seconded by Lee, moved to approve the Consent Agenda as presented. The motion
carried 5-0.
PUBLIC HEARING: ORDINANCE NO. 176, OPTING OUT OF STATE STATUTES
REGARDING TEMPORARY DWELLING UNIT — CARE FACILITY
Planner Buss explained Ordinance No. 176 that provides for the City to opt out of new state
legislation that requires a city to permit temporary dwelling units for care facilities within 15
days of an application. Buss explained that Scandia allows temporary care facilities in a more
flexible way than the state law, and that most communities have chosen to opt out. Building
Officials have expressed concern that the units may not meet building and septic codes.
Mayor Simonson opened the public hearing at 7:03 p.m. There were no comments and the
hearing was closed. Council discussion followed later under General Business.
August 16, 2016
Scandia City Council
Page 2 of 7
PLANNING COMMISSION
Variance for Sewer Setback at 12700182"d Street. Jerald and Nancy Schilling, Applicants
(Resolution No. 08-16-16-01)
Planner Buss presented the recommendation from the Planning Commission to approve a
variance for installation of a new septic system at 12700 182' Street. Buss explained that the
Schillings are seeking to upgrade their existing septic system and variances from the wetland and
road right -of way setbacks are needed. The proposed system will be approximately 30 feet from
the nearest wetland (75 feet required) and 10 feet from the road right-of-way (County ordinance
allows for 10 feet, but Scandia's ordinance requires 40 feet). Buss stated that the location is well
outside the OHWL setback of Big Marine Lake, which has a higher priority than the wetland and
roadway setbacks. The Watershed District had no objections.
Simonson, seconded by Ness, moved to approve Resolution No 08-16-16-01, Approving a
Variance for 12700 182nd Street. Discussion: Ness said this location away from the lake makes
the most sense. Buss noted that it preserves trees. Lee said it is the best solution. Schneider
stated his approval. The motion carried 5-0.
Ordinance No. 174, Amending Chapter 2, Section 4.34 Solar Farms and Community Solar
Gardens
Planner Buss presented Ordinance No. 174 as recommended by the Planning Commission for
changes to existing Chapter 2, Section 4.34 of the Development Code regarding Solar Farms and
Community Solar Gardens. The study of the ordinance addressed concerns which resulted in a
3 -month moratorium on applications for solar installations. Buss summarized the proposed
amendments as recommended by the Planning Commission:
Clarifies when the use is allowed in the Ag Preserves District
Removes the 600 -foot setback from wildlife and scenic riverway and replaces with site
specific setbacks
Requires a vertical sketch in relation to surrounding topography and public roadways
Establishes 75' setbacks from all parcel boundaries, with options for wider setbacks if
warranted by impacts to adjacent properties
Eliminates the minimum parcel requirement and instead allows setbacks to govern the
parcel size needed to accommodate a solar project.
Established options to require a vegetative buffer up to 25' in depth and screening up to
95% of the view from adjacent parcels, with screening be achieved within 2 growing
seasons
Requires the use of wildlife friendly fencing when fencing is included in the project
Council member Schneider said that screening the projects was the biggest issue, and the revised
ordinance addresses that with the 95% requirement. Mayor Simonson said that the revised
ordinance is more restrictive, but property owners and applicants need more clarity and less
discretion as to what the City wants. Simonson gave an example of a past application for a
church that tried to build in Scandia and was faced with too many moving targets which led them
to abandon the project after significant investment in the plans. Buss explained that a Planning
Commissioner expressed this same concern that a developer wouldn't know exactly what they
are facing until they had already invested in the planning stage, but the majority of the
Commissioners agreed to these amendments.
August 16, 2016
Scandia City Council
Page 3 of 7
Simonson asked in what season is the 95% screening required, and that once evergreens reach
40', the lower branches provide no screening. Simonson questioned eliminating the ordinance
and ending any future solar farms in Scandia.
Council member Ness stated that 3 of the past 4 applications for solar farms have worked well,
and this revised ordinance language has flexibility in using the word "may". Mayor Simonson
said use of "may" leads to personal feelings interfering with the decision-making, and developers
need something concrete to base their plans on. Administrator Soltis said that looking at this
from the solar developer's perspective, not knowing the screening depth and setbacks at the
outset makes it difficult financially to invest in a project, and questioned if this vagueness and
uncertainty would discourage developers.
Attorney Pratt said that flexibility is not always a bad thing. Staff can work with developers and
help craft something reasonably that works with the land characteristics of the proposed site; but
yet the ordinance is not consistent across the board.
Planner Buss stated that the responsibility will be on staff to recognize the issues of a site; for
instance the topography could dictate wider setbacks or additional screening. Staff would work
with developers ahead of time to think about the application so as not to waste their time and
money.
Council member Schneider stated that there are some gray areas, but the ordinance should not be
thrown out. Council members Ness and Hegland stated their agreement, and that they found no
reasons not to allow solar projects.
Ness, seconded by Lee, moved to adopt Ordinance No. 174 as presented. The motion
carried 5-0.
Summary Publication of Ordinance No. 174 (Resolution No. 08-16-16-02)
Schneider, seconded by Hegland, moved to approve Resolution No. 08-16-16-02, Providing
for the Summary Publication of Ordinance No. 174. The motion carried 5-0.
Ordinance No. 175, Amending Chapter 2, Section 2.11 for Uses in the Rural Commercial
Zoning District
Planner Buss presented Ordinance No. 175 as recommended by the Planning Commission for
changes to the list of allowed and permitted uses in the Rural Commercial District (R COMM).
Buss explained that similar to the amendments to the Village Mixed Use Districts recently
adopted, the list of allowed uses was expanded to those that uses that were previously conditions
but have minimal impacts and are consistent with neighboring communities' commercial
districts. Breweries and craft distilleries were added to the uses that require Conditional Use
Permits, as many communities are adding this to encourage new local businesses. Administrator
Soltis stated that uses that are alcohol related or vehicle intensive will need a CUP.
Simonson, seconded by Hegland, moved to adopt Ordinance No. 175 as presented. The
motion carried 5-0.
August 16, 2016
Scandia City Council
Page 4 of 7
Summary Publication of Ordinance No. 175 (Resolution No. 08-16-16-03)
Ness, seconded by Lee, moved to approve Resolution No. 08-16-16-03, Providing for the
Summary Publication of Ordinance No. 175. The motion carried 5-0.
BUILDING OFFICIAL
Building Official Chuck Preisler's building activity report was received. Thirty-three permits
were issued in July at a valuation of $1,325,492. Administrator Soltis noted that year-to-date
valuations total $6.1 million, versus $3.4 million at this time last year, driven by an increase in
new home construction.
POLICE DEPARTMENT
Deputy Brandon Yetter reported on a burglary and vandalism incident at a vacant home on
Olinda Trail, a fatal vehicle accident on Manning Trail and 180th Street, several domestic calls,
and a theft at Scandia Liquor. National Night Out was well attended by over 200 people.
Mayor Simonson questioned Yetter on his time spent patrolling Wind in the Pines Park. Yetter
estimated 30-40 hours spent this year investigating trespassing and vandalism issues, which has
resulted in several narcotics, underage drinking and trespassing citations. Simonson noted that
the Park is taking up a lot of his time and suggested that the Council needs to address if resources
are being used wisely.
FIRE DEPARTMENT
Fire Chief Mike Hinz reported that the Department responded to 22 calls in July — 7 fire related
and 15 rescue calls. The Department has been involved with several community events this
summer.
CITY ENGINEER
City Engineer Ryan Goodman provided an update to the Bliss System report that will be sent to
Administrator Soltis to identify items that need to be budgeted within the Capital Improvement
Plan. Goodman encouraged the Council members to advocate to the State for the Small Cities
Assistance Allocation, which is not funded for 2017. Last year Scandia received $63,000 as a
supplement to the road fund. Council member Ness noted that he and Goodman will attend the
next meeting of the NE Groundwater Coalition and will report on its status at the next Work
Session.
2016 Street Improvement Project — Contractor's Request for Payment #3
Engineer Goodman presented the Contractor's Request for Payment #3 and recommended
approving a payment to Dresel Contracting for services provided on the 2016 Street
Improvement Project (reconstruction of 236th/237th Street/Oakhill Road). A 5% retainage will be
held until final inspection.
Simonson, seconded by Hegland, moved to approve a payment of $57,950.72 to Dresel
Contracting. The motion carried 5-0.
CITY ATTORNEY
Policy Regarding Site Visits and Ex Parte Communication
Attorney Pratt presented an amended site visit policy to incorporate a new section on "ex parte
communication" (communication outside of all members). Pratt explained that this adds a
August 16, 2016
Scandia City Council
Page 5 of 7
liability protection for the City to ensure that there is an equal opportunity for all involved parties
to be part of the decision making process. The Planning Commission had reviewed the amended
policy at their last meeting and recommended approval.
Simonson, seconded by Ness, moved to adopt the revised Site Visit Guidelines as presented.
The motion carried 5-0.
Election Campaign Signage
Attorney Pratt presented a memo from the League of MN Cities explaining the state law
regarding election campaign signs. In the 56 -day period around the election date, campaign
signs may be posted in any size and number; however, the location of those campaign signs must
not hinder public safety.
CITY ADMINISTRATOR
Administrator Soltis reported that the Oakhill Cottages storm shelters are nearing completion, the
solar panels at the Firehall/Public Works building are generating almost double the power that
the building is using, and he has met with Frontier on their future broadband upgrades in the
Scandia area. Soltis provided a summary of Public Works activities — shouldering and tree
trimming efforts will be the focus over the next month.
Council member Schneider asked how exterior storage complaints are progressing. Soltis
explained that he and Deputy Yetter are working on easing the violations towards compliance
with citations and deadlines.
CONTINUED DISCUSSION ON A CONDITIONAL USE PERMIT FOR A
COMMUNITY SOLAR GARDEN ON OLDFIELD AVENUE. AMERESCO
GREENMARK, APPLICANTS (RESOLUTIONNO. 08-16-16-04)
At their June 21 st Council meeting, Ameresco was asked to provide additional information on the
landscape and grading plan for their proposed solar garden project on the 40 -acre site on Oldfield
Avenue near 236th Street. Planner Buss stated that the applicants provided all of the information
requested. Buss explained that the central issue has been whether the project meets the
performance standard that the solar garden is screened from view of public right-of-way to the
extent possible by setbacks, berming, existing vegetation, landscaping, or a combination thereof.
Buss said that the applicants have acknowledged that the site will not be fully screened from all
roadway views, although the size and number of trees and shrubs has been increase to address
the Council's concerns. The applicant's legal counsel provided a letter with a statement that
Ameresco has met the legal requirements for screening and landscaping under the City's
ordinance.
Attorney Pratt provided his legal summary that "to the extent possible" does not mean 100%
screening. With the project located on a slope, it's not possible to screen the entire site from
view, but the Council must determine if their proposal has been met "to the extent possible".
Pratt said that they have undertaken due diligence to meet the ordinance requirement.
Simonson, seconded by Hegland, moved to approve Resolution No. 08-16-16-04, Approving
a Conditional Use Permit for a Community Solar Garden on Parcel Number
02.032.20.23.0001 on Oldfield Avenue North.
August 16, 2016
Scandia City Council
Page 6 of 7
Council member Schneider asked for an explanation of the provided cross-section diagram.
Planner Buss explained that it shows the line of sight from the road right-of-way of a 6' person.
Buss explained that the revised landscape plan has additional berms and vegetation to the effect
that the applicants have determined that they have done as much as reasonably possible to screen
the view from public right-of-ways. The plan uses a mix of conifer species and shrubs to achieve
a more natural looking wooded landscape instead of a solid row of conifers.
Council member Schneider asked if extra trees could be added as a terrace on the slope since the
extra trees wouldn't diminish that much solar energy across the entire 40 -acre site. Mary Matze,
the applicants' Planner with Landform, stated that losing any more panels over the 5 Megawatt
system doesn't make the site viable anymore. She said they have screened the hill to the extent
possible with berming and larger trees.
Council member Lee said the extenuating circumstances of this site are a challenge, and the City
is using the current ordinance as a guideline. Council member Hegland stated that they have met
the ordinance as required at the time of their application. Council member Ness said that this site
does not work for a solar installation, but they must balance the rights of the property owners.
Mayor Simonson said that he is an advocate for solar but this is one of the worst locations in the
community.
Mayor Simonson called for a roll call vote on the above motion: Hegland — yes; Schneider —
yes; Ness — yes; Lee — yes; Simonson — yes. The motion carried 5-0.
DISCUSSION ON ORDINANCE NO. 176, OPTING OUT OF STATE STATUTES
REGARDING TEMPORARY DWELLING UNITS — CARE FACILITY
Earlier in the meeting, the Council held the public hearing on opting out of state law regarding
temporary care facilities. There were no public comments. Council member Schneider said that
the City's current ordinance addresses this already with better flexibility.
Schneider, seconded by Hegland, moved to adopt Ordinance No. 176. The motion carried
5-0.
SUMMARY PUBLICATION OF ORDINANCE NO. 176 (RESOLUTIONNO. 08-16-16-05)
Schneider, seconded by Hegland, moved to approve Resolution No. 08-16-16-05, Providing
for a Summary Publication of Ordinance No. 176. The motion carried 5-0.
DISCUSSION ON LAKES AREA TELEVISION 2017 BUDGET PROPOSAL
The 2017 Lakes Area Television budet was approved by the Forest Lake Cable Commission
Board members present at its July 19t meeting. Per the Joint Powers Agreement, cities must
approve by resolution or submit written objections within 45 days. City Administrator Soltis
recommended the Council take no action due to the recent vote to terminate Scandia's
membership in the JPA. By default, this will give consent to the budget as proposed by the
Forest Lake Cable Commission Board. Mayor Simonson agreed to this approach and stated that
the Board passed the budget in his absence.
Ness, seconded by Schneider, moved to take no action on the 2017 Lakes Area Television
budget. The motion carried 5-0.
August 16, 2016
Scandia City Council
Page 7 of 7
DISCUSSION ON ACCEPTING DONATION OF BIKE RACK BY THE ST. CROIX
RIVER ASSOCIATION FOR LOG HOUSE LANDING
City Administrator Soltis presented the proposal from the St. Croix River Association for the
donation of a bike rack at the Log House Landing. The bike rack would be provided free of cost
and placed at the landing and at other access points along the river for paddlers to shuttle back to
their cars by bicycle. The City would be responsible for its installation, identified as a location
on the west side of the ramp area that is designated as no parking for vehicles. Council member
Lee favored the idea as a designated spot to store a paddler's canoe/kayak as well.
Simonson, seconded by Lee, moved to accept the donation of a bike rack from the St. Croix
River Association to be installed at the Log House Landing. The motion carried 5-0.
DISCUSSION ON ACCEPTING DONATION OF SIGNAGE BY THE NATIONAL
PARK SERVICE FOR LOG HOUSE LANDING
City Administrator Soltis presented a recommendation from the Parks and Recreation Committee
to approve the donation of an informational bulletin board from the National Park Service to be
installed at the Log House Landing, about 3 feet north of the existing signage on the eastern side
of the parking lot. The NPS and DNR would be responsible for the changeable content to be
posted on the board, such as rules and riverway activities. PRC Chair Ryan Jinks stated that the
board is a 2-3 year experiment, at which time a decision will be made to either replace the board
with a permanent sign or to discontinue the project.
Simonson, seconded by Ness, moved to accept the donation from the National Park Service
of a sign to be installed at the Log House Landing. The motion carried 5-0.
DISCUSSION ON FILLING THE PUBLIC WORKS DIRECTOR POSITION
City Administrator Soltis explained that the candidate for the Public Works Director turned
down the City's employment offer for a position with another community. Soltis recommended
that the Council may want to consider revising the job description by modifying the skills and
requirements to attract a wider pool of applicants. Council member Schneider noted that the
employee should have a vested interest in Scandia to deter moving on to another job after a few
years in Scandia. It was agreed to discuss the position description at the September 7th Work
Session.
ADJOURNMENT
Ness, seconded by Hegland, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 8:37 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk